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112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-387
PROVIDING THE QUILEUTE INDIAN TRIBE TSUNAMI AND FLOOD PROTECTION, AND
FOR OTHER PURPOSES
February 3, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1162]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 1162) to provide the Quileute Indian Tribe Tsunami
and Flood Protection, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
SECTION 1. 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
(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
(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
(2) Purposes.--The purposes of this Act are--
(A) to resolve the longstanding dispute along
portions of the northern boundary of the Quileute
(B) to clarify public use and access to Olympic
National Park lands that are contiguous to the
(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;
(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
(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
(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.
(2) Revised map.--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.--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
(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
(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
(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
(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
(4) Required terms and conditions.--The following specified
land areas shall be subject to the following easement
(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
(i) The Tribe may lease or encumber the land,
consistent with their status as trust lands,
provided that the Tribe expressly subjects the
conveyance or authorized use to the terms of
(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.
The Tribe and the Park shall conduct joint
planning and coordination for Quillayute River
restoration projects, including streambank
stabilization and flood control.
(vii) 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) 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) 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 lands, and the Park
shall be responsible for the costs of
maintaining existing parking access to the
(ii) 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) 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
(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) 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
(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,
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
(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
(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.).
PURPOSE OF THE BILL
The purpose of H.R. 1162, as ordered reported, is to
provide the Quileute Indian Tribe tsunami and flood protection.
BACKGROUND AND NEED FOR LEGISLATION
The Quileute Indian reservation is located on the Olympic
Peninsula along the Pacific Ocean in Washington State. It
consists of approximately 880 acres and is home to about 375
residents. Most of the reservation is located within the flood
zone and much of the tribal infrastructure, including their
school, elder center, and housing, is within the tsunami zone.
Recent tsunamis in the Pacific Ocean clearly demonstrate the
risk faced by the Tribe and the need to move housing and
For the safety of this small tribe, legislation is needed
to transfer a few hundred acres from the vast Olympic National
Park to the Tribe. H. R. 1162 will 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. 220 acres of the 785
acres proposed for transfer to the tribe are designated
wilderness. This would allow them to move their school and
other structures to safer land away from the frequent flooding
and the tsunami risk that threaten the Tribe. There are no
park-owned facilities or trails in the transferred land and
there are few opportunities for park visitors.
To expedite passage of the key objective of the bill and
allow it to move forward, the Committee on Natural Resources
deleted an unrelated and controversial 4,000 acre wilderness
designation from the bill. The Committee also added language
barring the land being transferred from being used for gaming.
These two changes removed potential obstacles that could have
threatened timely passage of the bill.
H.R. 1162 was introduced on March 17, 2011, by Congressman
Norman Dicks (D-WA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands and the
Subcommittee on Indian and Alaska Native Affairs. On September
15, 2011, the Subcommittee on National Parks, Forests and
Public Lands held a hearing on the bill. On October 5, 2011,
the Full Natural Resources Committee met to consider the bill.
The Subcommittee on National Parks, Forests and Public Lands
and the Subcommittee on Indian and Alaska Native Affairs were
discharged by unanimous consent. Congressman Rob Bishop (R-UT)
offered an amendment; the amendment was adopted by voice vote.
Congressman Raul Grijalva (D-AZ) offered amendment designated
.976; the amendment was defeated by voice vote. The bill, as
amended, was then ordered favorably reported to the House of
Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 1162--A bill to provide the Quileute Indian Tribe tsunami and
flood protection, and for other purposes
H.R. 1162 would authorize the transfer of lands within and
around the Olympic National Park in the state of Washington.
H.R. 1162 would incorporate specified federal lands within the
Olympic National Park and specified land owned by the Quileute
Tribe into the Quileute Indian Reservation, held in trust by
the federal government. Under the bill, easements and
conditions would apply to certain specified lands, and the
Quileute tribe would relinquish any claims against the federal
government relating to past or present activities in the
Olympic National Park.
Based on information from the Department of the Interior,
CBO estimates that H.R. 1162 would have no significant impact
on the federal budget. Enacting H.R. 1162 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
H.R. 1162 would impose an intergovernmental mandate as
defined in the Unfunded Mandates Reform Act (UMRA) by exempting
some land from taxation by state and local governments, but CBO
expects the cost of that mandate to be small and well below the
annual threshold established in UMRA for intergovernmental
mandates ($73 million in 2012, adjusted annually for
inflation). H.R. 1162 contains no private-sector mandates as
defined in UMRA.
On January 12, 2012, CB0 transmitted a cost estimate for S.
636, a bill to provide the Quileute Indian Tribe tsunami and
flood protection, as ordered reported by the Senate Committee
on Indian Affairs on July 28, 2011. The two pieces of
legislation are similar, and their estimated costs are the
same. H.R. 1162 does not include the redesignation of 4,100
acres of Olympic National Park to create the Olympic
Wilderness. H.R. 1162 also prohibits gaming on lands taken into
trust under the bill.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information from the Department of the Interior, CBO estimates
that H.R. 1162 would have no significant impact on the federal
budget. Enacting H.R. 1162 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to provide the
Quileute Indian Tribe tsunami and flood protection.
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
The Quileute people and their reservation are in danger. We
fully support providing the Tribe new federal land from Olympic
National Park so they may relocate their facilities and their
members to higher ground, away from the tsunami danger.
While we support passage of H.R. 1162, it is critical to
note, however, that the legislation was impaired by an
unnecessary, partisan amendment during consideration by the
Natural Resources Committee.
As introduced, H.R. 1162 was the product of decades-long
negotiations and represented a workable compromise between
stakeholders. As part of that compromise, the legislation as
introduced sought to balance the loss of park wilderness
through the addition of new wilderness in another area. Through
this compromise, the needs of the Tribe would have been well-
served and the loss of wilderness and NPS land would have been
Despite a hearing record free of any evidence of
controversy regarding this legislation, the Majority felt
compelled to adopt an amendment striking the new wilderness
designation from the legislation. Further, the majority voted
down an amendment offered by Subcommittee Ranking Member
Grijalva to at least protect Olympic from a net loss of
These votes are unjustified; they are based on narrow,
ideological objections to wilderness, even within National
Parks and even with strong, local support. During the same
business meeting, the Committee approved legislation sponsored
by Chairman Hastings (H.R. 2352) containing the ``no-net-loss-
of wilderness'' protection for North Cascades National Park,
also in Washington State, but apparently the Majority feels no
need for consistency on this issue.
The Committee should have recognized H.R. 1162 as the grand
bargain that it was and respected the work-product developed by
its author, Mr. Dicks of Washington, the National Park Service
and the Quileute Tribe, and supported this legislation without
amendment. Instead, the Majority blundered into a difficult and
potentially dangerous situation and substituted its judgment
for those living and working in the area without evidence or
Representative Dicks has introduced the wilderness
designation within Olympic as a new, stand-alone bill (H.R.
3222). We believe that the Majority should move both H.R. 1162
and H.R. 3222 bills through the House immediately.
Edward J. Markey.
Rush D. Holt.
Ben Ray Lujan.
Grace F. Napolitano.
Raul M. Grijalva.
Dale E. Kildee.