Text: H.R.1162 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-97 (02/27/2012)

 
[112th Congress Public Law 97]
[From the U.S. Government Printing Office]



[[Page 126 STAT. 257]]

Public Law 112-97
112th Congress

                                  An Act

 
 To provide the Quileute Indian Tribe Tsunami and Flood Protection, and 
        for other purposes. <<NOTE: Feb. 27, 2012 - [H.R. 1162]>> 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. <<NOTE: Washington. 16 USC 251 note, 1132 
                              note.>> OLYMPIC NATIONAL PARK--
                              QUILEUTE TRIBE.

    (a) Definitions.--In this section:
            (1) Map.--The term ``Map'' means the map entitled ``Olympic 
        National Park and Quileute Reservation Boundary Adjustment 
        Map'', numbered 149/80,059, and dated June 2010.
            (2) Park.--The term ``Park'' means the Olympic National 
        Park, located in the State of Washington.
            (3) Reservation.--The term ``Reservation'' means the 
        Quileute Indian Reservation, located on the Olympic Peninsula in 
        the State of Washington.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Tribe.--The term ``Tribe'' means the Quileute Indian 
        Tribe in the State of Washington.

    (b) Findings and Purpose.--
            (1) Findings.--Congress finds that--
                    (A) the Reservation is located on the western coast 
                of the Olympic Peninsula in the State of Washington, 
                bordered by the Pacific Ocean to the west and the Park 
                on the north, south, and east;
                    (B) most of the Reservation village of La Push is 
                located within the coastal flood plain, with the Tribe's 
                administrative buildings, school, elder center, and 
                housing all located in a tsunami zone;
                    (C) for many decades, the Tribe and the Park have 
                had a dispute over the Reservation boundaries along the 
                Quillayute River;
                    (D) in recent years, this dispute has intensified as 
                the Tribe has faced an urgent need for additional lands 
                for housing, schools, and other Tribe purposes outside 
                the tsunami and Quillayute River flood zones; and
                    (E) the lack of a settlement of this dispute 
                threatens to adversely impact the public's existing and 
                future recreational use of several attractions in the 
                Park that are accessed by the public's use of 
                Reservation lands.
            (2) Purposes.--The purposes of this Act are--
                    (A) to resolve the longstanding dispute along 
                portions of the northern boundary of the Quileute Indian 
                Reservation;

[[Page 126 STAT. 258]]

                    (B) to clarify public use and access to Olympic 
                National Park lands that are contiguous to the 
                Reservation;
                    (C) to provide the Quileute Indian Tribe with 
                approximately 275 acres of land currently located within 
                the Park and approximately 510 acres of land along the 
                Quillayute River, also within the Park;
                    (D) to adjust the wilderness boundaries to provide 
                the Quileute Indian Tribe Tsunami and flood protection; 
                and
                    (E) through the land conveyance, to grant the Tribe 
                access to land outside of tsunami and Quillayute River 
                flood zones, and link existing Reservation land with 
                Tribe land to the east of the Park.

    (c) Redesignation of Federal Wilderness Land, Olympic National Park 
Conveyance.--
            (1) Redesignation of wilderness.--Certain Federal land in 
        the Park that was designated as part of the Olympic Wilderness 
        under title I of the Washington Park Wilderness Act of 1988 
        (Public Law 100-668; 102 Stat. 3961; 16 U.S.C. 1132 note) and 
        comprises approximately 222 acres, as generally depicted on the 
        Map is hereby no longer designated as wilderness, and is no 
        longer a component of the National Wilderness Preservation 
        System under the Wilderness Act (16 U.S.C. 1131 et seq.).
            (2) Lands to be held in trust.--All right, title, and 
        interest of the United States in and to the approximately 510 
        acres generally depicted on the Map as ``Northern Lands'', and 
        the approximately 275 acres generally depicted on the Map as 
        ``Southern Lands'', are declared to be held in trust by the 
        United States for the benefit of the Tribe without any further 
        action by the Secretary.
            (3) Boundary adjustment; survey.--The Secretary shall--
                    (A) adjust the boundaries of Olympic Wilderness and 
                the Park to reflect the change in status of Federal 
                lands under paragraph (2); and
                    (B) as soon as practicable after the date of 
                enactment of this section, conduct a survey, defining 
                the boundaries of the Reservation and Park, and of the 
                Federal lands taken into and held in trust that are 
                adjacent to the north and south bank of the Quillayute 
                River as depicted on the Map as ``Northern Lands''.
            (4) Law applicable to certain land.--The land taken into 
        trust under this subsection shall not be subject to any 
        requirements for valuation, appraisal, or equalization under any 
        Federal law.

    (d) Non-Federal Land Conveyance.--Upon completion and acceptance of 
an environmental hazard assessment, the Secretary shall take into trust 
for the benefit of the Tribe certain non-Federal land owned by the 
Tribe, consisting of approximately 184 acres, as depicted on the Map as 
``Eastern Lands'', such non-Federal land shall be designated as part of 
the Reservation.
    (e) Map Requirements.--
            (1) Availability of initial map.--The Secretary shall make 
        the Map available for public inspection in appropriate offices 
        of the National Park Service. The Map shall also depict any non-
        Federal land currently owned by the Tribe which is being placed 
        in trust under this section.

[[Page 126 STAT. 259]]

            (2) Revised map. <<NOTE: Deadline.>> --Not later than one 
        year after the date of the land transaction in subsections (d) 
        and (e), the Secretary shall submit to the Committee on Energy 
        and Natural Resources of the Senate and Committee on Natural 
        Resources of the House of Representatives a revised map that 
        depicts--
                    (A) the Federal and non-Federal land taken into 
                trust under this section and the Second Beach Trail; and
                    (B) the actual boundaries of the Park as modified by 
                the land conveyance.

    (f) Jurisdiction. <<NOTE: Designation.>> --The land conveyed to the 
Tribe by this section shall be designated as part of the Quileute 
Reservation and placed in the following jurisdictions:
            (1) Trust land.--The same Federal, State, and Tribe 
        jurisdiction as on all other trust lands within the Reservation, 
        so long as the exercise of such jurisdiction does not conflict 
        with the terms of the easement described in subsection (g) 
        below.
            (2) Tribe jurisdiction.--Park visitors shall remain subject 
        to the jurisdiction of the Tribe while on the Second Beach 
        parking lot, on those portions of the Second Beach Trail on the 
        Reservation, and Rialto Spit, to the same extent that such 
        visitors are subject to the Tribe's jurisdiction elsewhere on 
        the Reservation.

    (g) Grant of Easement in Connection With Land Conveyance.--
            (1) Easement required.--The conveyances under subsection 
        (c)(2) shall be subject to the conditions described in this 
        subsection.
            (2) Required rights under easement.--Any easement granted 
        under this subsection must contain the following express terms:
                    (A) No impact on existing rights.--An easement shall 
                not limit the Tribe's treaty rights or other existing 
                rights.
                    (B) Retention of rights.--The Tribe retains the 
                right to enforce its rules against visitors for 
                disorderly conduct, drug and alcohol use, use or 
                possession of firearms, and other disruptive behaviors.
                    (C) Monitoring of easement conditions.--The Park has 
                the right, with prior notice to the Tribe, to access 
                lands conveyed to the Tribe for purposes of monitoring 
                compliance with any easement made under this subsection.
            (3) Exemption for subsection (d) land.--The non-Federal land 
        owned by the Tribe and being placed into trust by the Secretary 
        in accordance with subsection (d) shall not be included in, or 
        subject to, any easement or condition specified in this 
        subsection.
            (4) Required terms and conditions.--The following specified 
        land areas shall be subject to the following easement 
        conditions:
                    (A) Conditions on northern land.--Certain land that 
                will be added to the northern boundary of the 
                Reservation by the land conveyance, from Rialto Beach to 
                the east line of Section 23, shall be subject to an 
                easement, which shall contain the following 
                requirements:
                          (i) The Tribe may lease or encumber the land, 
                      consistent with their status as trust lands, 
                      provided

[[Page 126 STAT. 260]]

                      that the Tribe expressly subjects the conveyance 
                      or authorized use to the terms of the easement.
                          (ii) The Tribe may place temporary, seasonal 
                      camps on the land, but shall not place or 
                      construct commercial residential, industrial, or 
                      other permanent buildings or structures.
                          (iii) Roads on the land on the date of 
                      enactment of this Act may be maintained or 
                      improved, but no major improvements or road 
                      construction may occur, and any road improvements, 
                      temporary camps, or other uses of these lands 
                      shall not interfere with its use as a natural 
                      wildlife corridor.
                          (iv) The Tribe may authorize Tribe members and 
                      third parties to engage in recreational, 
                      ceremonial, or treaty uses of the land provided 
                      that the Tribe adopts and enforces regulations 
                      permanently prohibiting the use of firearms in the 
                      Thunder Field area, and any areas south of the 
                      Quillayute River as depicted on the Map.
                          (v) The Tribe may exercise its sovereign right 
                      to fish and gather along the Quillayute River in 
                      the Thunder Field area.
                          (vi) The Tribe may, consistent with any 
                      applicable Federal law, engage in activities 
                      reasonably related to the restoration and 
                      protection of the Quillayute River and its 
                      tributaries and streams, weed control, fish and 
                      wildlife habitat improvement, Quillayute River or 
                      streambank stabilization, and flood 
                      control. <<NOTE: Plans.>> The Tribe and the Park 
                      shall conduct joint planning and coordination for 
                      Quillayute River restoration projects, including 
                      streambank stabilization and flood control.
                          (vii) <<NOTE: Accessibility.>> Park officials 
                      and visitors shall have access to engage in 
                      activities along and in the Quillayute River and 
                      Dickey River that are consistent with past 
                      recreational uses, and the Tribe shall allow the 
                      public to use and access the Dickey River, and 
                      Quillayute River along the north bank, regardless 
                      of future changes in the Quillayute River or 
                      Dickey River alignment.
                          (viii) <<NOTE: Accessibility.>> Park officials 
                      and visitors shall have access to, and shall be 
                      allowed to engage in, activities on Tribal lands 
                      at Rialto Spit that are consistent with past 
                      recreational uses, and the Tribe shall have access 
                      to Park lands at Rialto Beach so that the Tribe 
                      may access and use the jetty at Rialto Beach.
                    (B) Conditions on second beach trail and access.--
                Certain Quileute Reservation land along the boundary 
                between the Park and the southern portion of the 
                Reservation, encompassing the Second Beach trailhead, 
                parking area, and Second Beach Trail, shall be subject 
                to a conservation and management easement, as well as 
                any other necessary agreements, which shall implement 
                the following provisions:
                          (i) <<NOTE: Maintenance.>> The Tribe shall 
                      allow Park officials and visitors to park motor 
                      vehicles at the Trail parking area existing on the 
                      date of enactment of this Act and to access the 
                      portion of the Trail located on Tribal

[[Page 126 STAT. 261]]

                      lands, and the Park shall be responsible for the 
                      costs of maintaining existing parking access to 
                      the Trail.
                          (ii) <<NOTE: Maintenance. Approval.>> The 
                      Tribe shall grant Park officials and visitors the 
                      right to peacefully use and maintain the portion 
                      of the Trail that is on Tribal lands, and the Park 
                      shall be responsible for maintaining the Trail and 
                      shall seek advance written approval from the Tribe 
                      before undertaking any major Trail repairs.
                          (iii) <<NOTE: Plans.>> The Park officials and 
                      the Tribe shall conduct joint planning and 
                      coordination regarding any proposed relocation of 
                      the Second Beach trailhead, the parking lot, or 
                      other portions of the Trail.
                          (iv) The Tribe shall avoid altering the 
                      forested landscape of the Tribe-owned headlands 
                      between First and Second Beach in a manner that 
                      would adversely impact or diminish the aesthetic 
                      and natural experience of users of the Trail.
                          (v) The Tribe shall reserve the right to make 
                      improvements or undertake activities at the Second 
                      Beach headlands that are reasonably related to 
                      enhancing fish habitat, improving or maintaining 
                      the Tribe's hatchery program, or alterations that 
                      are reasonably related to the protection of the 
                      health and safety of Tribe members and the general 
                      public.
                          (vi) The Park officials, after consultation 
                      with the Tribe, may remove hazardous or fallen 
                      trees on the Tribal-owned Second Beach headlands 
                      to the extent necessary to clear or safeguard the 
                      Trail, provided that such trees are not removed 
                      from Tribal lands.
                          (vii) <<NOTE: Contracts.>> The Park officials 
                      and the Tribe shall negotiate an agreement for the 
                      design, location, construction, and maintenance of 
                      a gathering structure in the Second Beach 
                      headlands overlook for the benefit of Park 
                      visitors and the Tribe, if such a structure is 
                      proposed to be built.
                    (C) Southern lands exempt.--All other land conveyed 
                to the Tribe along the southern boundary of the 
                Reservation under this section shall not be subject to 
                any easements or conditions, and the natural conditions 
                of such land may be altered to allow for the relocation 
                of Tribe members and structures outside the tsunami and 
                Quillayute River flood zones.
                    (D) Protection of infrastructure.--Nothing in this 
                Act is intended to require the modification of the 
                parklands and resources adjacent to the transferred 
                Federal lands. The Tribe shall be responsible for 
                developing its lands in a manner that reasonably 
                protects its property and facilities from adjacent 
                parklands by locating buildings and facilities an 
                adequate distance from parklands to prevent damage to 
                these facilities from such threats as hazardous trees 
                and wildfire.

    (h) Effect of Land Conveyance on Claims.--
            (1) Claims extinguished.--Upon the date of the land 
        conveyances under subsections (d) and (e) and the placement of 
        conveyed lands into trust for the benefit of the Tribe, any 
        claims of the Tribe against the United States, the Secretary, or 
        the Park relating to the Park's past or present ownership,

[[Page 126 STAT. 262]]

        entry, use, surveys, or other activities are deemed fully 
        satisfied and extinguished upon a formal Tribal Council 
        resolution, including claims related to the following:
                    (A) Land along quillayute river.--The lands along 
                the sections of the Quillayute River, starting east of 
                the existing Rialto Beach parking lot to the east line 
                of Section 22.
                    (B) Second beach.--The portions of the Federal or 
                Tribal lands near Second Beach.
                    (C) Southern boundary portions.--Portions of the 
                Federal or Tribal lands on the southern boundary of the 
                Reservation.
            (2) Rialto beach.--Nothing in this section shall create or 
        extinguish claims of the Tribe relating to Rialto Beach.

    (i) Gaming Prohibition.--No land taken into trust for the benefit of 
the Tribe under this Act shall be considered Indian lands for the 
purpose of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

    Approved February 27, 2012.

LEGISLATIVE HISTORY--H.R. 1162:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-387 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 158 (2012):
            Feb. 6, considered and passed House.
            Feb. 13, considered and passed Senate.

                                  <all>
 

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