[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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