[Congressional Record Volume 158, Number 19 (Monday, February 6, 2012)]
[House]
[Pages H483-H485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
QUILEUTE TRIBE TSUNAMI PROTECTION ACT
Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 1162) to provide the Quileute Indian Tribe
Tsunami and Flood Protection, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1162
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; 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.
(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 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 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
[[Page H484]]
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.
(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 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.).
The SPEAKER pro tempore. Pursuant to the rules, the gentleman from
Washington (Mr. Hastings) and the gentleman from the Northern Mariana
Islands (Mr. Sablan) each will control 20 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and include extraneous materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as
I may consume.
The Quileute Indian Reservation is located along the coast of the
Olympic Peninsula in my home State of Washington. 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 clearly
demonstrate the risk faced by the tribe and the need to move housing
and infrastructure inland.
For the safety of this small tribe, legislation is needed that would
transfer a few hundred acres from the vast Olympic National Park to the
tribe. This will allow them to move their school and other structures
to safer land away from the threat of frequent flooding and tsunami
risk.
There are no park-owned facilities or trails in the transferred land,
and there are few opportunities in this transferred land for park
visitors. To expedite the passage of the key objective of this bill and
to allow it to move forward promptly, the Natural Resources Committee
deleted a potentially controversial 4,000-acre wilderness designation
that is of no benefit to the tribe. The committee also added language
borrowing transferred land from being used for gaming purposes, and the
tribe does not oppose this limitation.
I believe these two changes have removed all potential obstacles that
could threaten the timely passage of this needed legislation that has
been offered by my friend and the ranking member of the Appropriations
Committee, Mr. Dicks. I urge the adoption of H.R. 1162, and I reserve
the balance of my time.
Mr. SABLAN. Mr. Speaker, I yield myself as much time as I may
consume.
(Mr. SABLAN asked and was given permission to revise and extend his
remarks.)
Mr. SABLAN. I rise in support of H.R. 1162, legislation sponsored by
the esteemed ranking member of the Appropriations Committee, the
gentleman from Washington (Mr. Dicks).
Events in Japan, Indonesia, and elsewhere have demonstrated the
devastation that can be caused by tsunamis. The Quileute people live in
a dangerous zone, and we fully support this legislation to allow the
Quileute to move key facilities to higher ground.
I would note, however, that this version of H.R. 1162 is only half of
the bill, as introduced. The Quileute, Mr. Dicks, the National Park
Service, and other stakeholders had negotiated over many years a
version of this legislation that not only provided safety for the
Quileute but also sought to address the resource needs of Olympic
National Park. The park portion of this bill was removed by the
majority despite the fact that the bill represented a popular
negotiated compromise. During consideration of this measure in the
Natural Resources Committee, the chairman suggested that the park
portion of the original bill be introduced as a second bill to be moved
separately. Mr. Dicks has taken this advice, and we hope to see H.R.
3222 on the House floor in the very near future.
Mr. Dicks is to be commended for his diligent work on behalf of the
Quileute people and Olympic National Park.
I urge adoption of H.R. 1162, and I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. SABLAN. Mr. Speaker, I yield 5 minutes to the gentleman from
Washington (Mr. Dicks), the esteemed ranking member of the
Appropriations Committee.
(Mr. DICKS asked and was given permission to revise and extend his
remarks.)
Mr. DICKS. I rise to urge passage of H.R. 1162, the Quileute Tribe
tsunami and flood protection bill.
I also want to thank the House Natural Resources Committee for its
work in shepherding this bill to the floor today. And I am pleased that
my good friend and colleague from Washington, Doc Hastings, the
chairman of the Natural Resources Committee, is on the floor here today
to manage this bill as well as the gentleman from the
[[Page H485]]
Northern Mariana Islands. I appreciate their comments and their
leadership on this, along with Mr. Bishop and Mr. Grijalva.
The Quileutes are one of eight tribes living in the Washington State
district that I represent here in Congress. Although the tribe's
reservation at La Push is spectacularly beautiful, it also is a
dangerous place to live. The threat of tsunamis is a harsh reality that
the Quileute Tribe faces every day. The tribe lives on a one-square
mile reservation along the Pacific coast of the Olympic Peninsula.
Again, I cannot emphasize enough the breathtaking nature of their home.
The tribe has received much notice over the last few years due to the
``Twilight'' series of movies and novels. If you're not familiar with
the ``Twilight'' phenomenon yourself, then I am sure that at least your
children or grandchildren know about the Quileutes and their role in
the ``Twilight'' world.
H.R. 1162 will provide land currently in Olympic National Park to the
Quileute Tribe to enable the relocation of many facilities outside the
tsunami zone. We need only look to the tragedy last year in Japan to
see the loss of human life and horrific damage that tsunamis can cause.
Much of the Quileutes' infrastructure, including a day care center,
the elder center, government offices, and Quileute tribal members'
homes, are right in the path of a potential tsunami. This existential
threat is compounded by damaging floods from the Quillayute River
nearly every year.
The purpose of H.R. 1162 is to help the Quileutes move their
buildings and people to safer land. The Olympic National Park would
transfer land that is out of the tsunami zone to the tribe for the
development of new infrastructure.
{time} 1700
Of the 275 acres the Park Service would provide the tribe for this
safety purpose, 222 are currently designated as wilderness. The
legislation would de-designate those 222 acres.
The legislation also settles a long-standing dispute between the
Olympic National Park and the tribe over the northern boundary of the
reservation. The resolution of this dispute benefits the tribe, the
Park Service, and the general public. The park would provide 510 acres
to the tribe to settle the dispute.
The bill would place into trust these two parcels as well as another
piece of non-Federal land the tribe had acquired earlier. The bill also
guarantees access for the public to some of the most beautiful
Washington State beaches.
I must note, however, that I am disappointed that a provision of H.R.
1162 was taken from the bill when the Natural Resources Committee
passed it last October. The legislation as introduced mitigated the
loss of wilderness designation for the 222 acres to be given to the
tribe by designating other parcels already within Olympic National Park
as wilderness. It was this provision designating new wilderness within
the park that was removed. In response, I have introduced H.R. 3222
that would designate as wilderness those acres stripped from the
underlying bill. The National Parks, Forest and Public Lands
Subcommittee held a hearing on H.R. 3222 and other bills back in
December, and I urge the committee to keep making progress on H.R.
3222.
In closing, I want to recognize the Quileute Tribe, its council and
tribals chairs past and present, along with National Park Service
Director Jon Jarvis and Olympic National Park Superintendent Karen
Gustin for their hard work over many years to resolve this dispute and
provide safer land for the tribe.
Again, I want to thank Congressman Hastings, the chairman of the
Natural Resources Committee; and Todd Young and Todd Ungerecht of his
staff. I want to thank National Parks, Forest and Public Lands
Subcommittee Chairman Rob Bishop and Jim Streeter of his staff. On the
Democratic side, I want to thank Ed Markey and the gentleman from the
Northern Mariana Islands and their staff, Jeff Duncan and David
Watkins, and Pete Modaff on my staff.
In closing, I urge the House to pass H.R. 1162 to provide the
Quileute Tribe a safer home along the Pacific Coast in Washington
State.
Mr. HASTINGS of Washington. Mr. Speaker, I advise my friend I have no
more requests for speakers if he is prepared to yield back.
Mr. SABLAN. Mr. Speaker, I yield back the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as
I may consume.
I'm pleased that this legislation is moving forward. I know this has
been something that has been worked on by my friend and colleague from
Washington for some time, and I'm glad we have finally gotten this far.
And hopefully now that it's a clean bill that really deals with the
safety of the Quileute Tribe, which is the important part and that's
the reason for the bill, I hope it can move very fast through this
House and obviously through the Senate.
With that, I urge adoption of H.R. 1162, and I yield back the balance
of my time.
Ms. RICHARDSON. Mr. Speaker, I rise today in support of H.R. 1162,
which authorizes 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.
The Quileute people and their reservation are in danger. Most of the
reservation is located within the flood zone and most of the tribal
infrastructure, including their school, elder centers, and housing, is
within the tsunami zone. This legislation will provide protection to
the 375 residents of the Quileute Indian Reservation by transferring a
few hundred acres from the vast Olympic National Park to the Tribe.
As a member of the Native American Caucus, I have worked with my
colleagues in Congress to address the needs of Native Americans. This
legislation will provide the Quileute Indian Tribe with approximately
275 acres of land currently located within the Olympic National Park
and approximately 510 acres of land along the Quillayute River.
Mr. Speaker, the proposed land transfer will allow the people of
Quileute Indian Tribe to relocate their schools and other structures to
safer lands. Based on information from the Department of Interior, CB0
estimates that H.R. 1162 would have no significant impact on the
federal budget.
California is home to over one hundred federally recognized tribes.
Tribes from my state and from other states such as the Quileute Indian
Tribe from the state of Washington need protection from natural
disasters such as tsunamis and floods.
Mr. Speaker, I urge my colleagues to join me in supporting H.R. 1162
and allow the Quileute Indian Tribe to relocate their people and
reservation to safer land away from the frequent tsunami risk that
threaten the Tribe.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. Hastings) that the House suspend the
rules and pass the bill, H.R. 1162, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HASTINGS of Washington. Mr. Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
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