[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 636 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 636

To provide the Quileute Indian Tribe tsunami and flood protection, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2011

  Ms. Cantwell (for herself and Mrs. Murray) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To provide the Quileute Indian Tribe tsunami and flood protection, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 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;
                    (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;
                    (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; and
                    (F) to add 4,100 acres of Wilderness to the Park.
    (c) Designation of Additional National Park System Land in Olympic 
National Park as Wilderness or Potential Wilderness.--
            (1) Designation.--In accordance with the Wilderness Act (16 
        U.S.C. 1131 et seq.), the following lands within Olympic 
        National Park in the State of Washington are designated as 
        wilderness or potential wilderness and incorporated in the 
        Olympic Wilderness designated by section 101(a) of Public Law 
        100-668 (102 Stat. 3961):
                    (A) Certain Federal land comprising approximately 
                4,100 acres as generally depicted on the Map entitled 
                ``Wilderness Boundary -- Lake Crescent Addition, 
                Olympic National Park, Washington'', numbered 149/
                60,471a, and dated May 2010, is hereby designated as 
                wilderness. The boundary along Lake Crescent shall be 
                set back a sufficient distance to allow management of 
                the historic World War I Spruce Railroad grade as the 
                Olympic Discovery Trail, and to allow for operation and 
                maintenance of the existing county road. The World War 
                II Pyramid Peak lookout shall be included in the 
                wilderness and be managed and maintained as a historic 
                structure.
                    (B) Certain Federal land comprising approximately 
                11 acres as generally depicted on the Map entitled 
                ``Wilderness Boundary -- Boulder Creek Addition, 
                Olympic National Park, Washington'', numbered 149/
                60,470, and dated May 2009, is hereby designated as a 
                potential wilderness addition.
            (2) Management.--Except as provided in paragraph (3), and 
        subject to valid existing rights, the Secretary shall manage 
        each area designated as wilderness or potential wilderness in 
        accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
        except that any reference in the Wilderness Act to the 
        effective date of the Wilderness Act shall be considered to be 
        a reference to the date of enactment of this Act.
            (3) Ecological restoration.--For purposes of ecological 
        restoration (including the elimination of nonnative species, 
        removal of decommissioned roads, and any other activity 
        necessary to restore the natural ecosystems in the potential 
        wilderness area) and construction of a foot/stock trail, the 
        Secretary may use motorized equipment and mechanized transport 
        in the potential wilderness area until the date on which the 
        potential wilderness area is incorporated into the Olympic 
        Wilderness, whereupon wilderness minimum requirement practices 
        shall be implemented in accordance with the Wilderness Act.
            (4) Boulder creek addition wilderness designation.--The 
        Boulder Creek Addition, consisting of the Boulder Creek Trail 
        and the Boulder Creek campground potential wilderness area, 
        approximately 15 acres as shown on the Map titled ``Wilderness 
        Boundary -- Boulder Creek Addition, Olympic National Park, 
        Washington'', numbered 149/60,470, and dated May 2009, shall be 
        designated as wilderness and incorporated in the Olympic 
        Wilderness on the date on which the Secretary publishes notice 
        in the Federal Register that conditions in the potential 
        wilderness areas that are incompatible with the Wilderness Act 
        (16 U.S.C. 1131 et seq.) have been removed.
            (5) Map and legal description.--
                    (A) Submission of map and legal description.--As 
                soon as practicable, after the date of enactment of 
                this section, the Secretary shall file a map and legal 
                description of each area designated as wilderness and 
                potential wilderness by this subtitle with--
                            (i) the Senate Committee on Energy and 
                        Natural Resources; and
                            (ii) the House Committee on Natural 
                        Resources.
                    (B) Force and effect.--The map and legal 
                description filed under subparagraph (A) shall have the 
                same force and effect as if included in this subtitle, 
                except that the Secretary may correct any clerical or 
                typographical errors in the map or legal description.
                    (C) Public availability.--The map and legal 
                description filed under subparagraph (A) shall be on 
                file and available for public inspection in the Office 
                of the Secretary.
    (d) 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.
    (e) 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.
    (f) 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.
    (g) 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 (h) 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.
    (h) Grant of Easement in Connection With Land Conveyance.--
            (1) Easement required.--The conveyances under subsection 
        (d)(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 (e) land.--The non-Federal 
        land owned by the Tribe and being placed into trust by the 
        Secretary in accordance with subsection (e) 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 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. 
                        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 
                        Trail.
                            (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 
                        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) 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.
    (i) 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 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.
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