[House Report 112-387]
[From the U.S. Government Publishing Office]


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

                             together with

                            ADDITIONAL VIEWS

                        [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 
following:

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 
                        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.).

                          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 
infrastructure inland.
    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.

                            COMMITTEE ACTION

    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.

                           EARMARK STATEMENT

    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 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                            ADDITIONAL VIEWS

    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 
mitigated.
    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 
wilderness.
    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 
justification.
    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.
                                   John Garamendi.
                                   Ben Ray Lujan.
                                   Grace F. Napolitano.
                                   Niki Tsongas.
                                   Raul M. Grijalva.
                                   Dale E. Kildee.

                                  
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