59–010 

Calendar No. 620 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–345 

WESTERN OREGON TRIBAL FAIRNESS ACT 

SEPTEMBER 8, 2016.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 815] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 815) to provide for the conveyance of certain 

Federal land in the State of Oregon to the Cow Creek Band of 

Umpqua Tribe of Indians, having considered the same, reports favorably thereon with an amendment in the nature of a substitute 

and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

1. Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Western Oregon Tribal Fairness 

Act’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—COW CREEK UMPQUA LAND CONVEYANCE 

Sec. 101. Definitions. 

Sec. 102. Land to be held in trust. 

Sec. 103. Map and legal description. 

Sec. 104. Administration. 

Sec. 105. Land reclassification. 

TITLE II—OREGON COASTAL LAND CONVEYANCE 

Sec. 201. Definitions. 

Sec. 202. Land to be held in trust. 

Sec. 203. Map and legal description. 

Sec. 204. Administration. 

Sec. 205. Land reclassification. 

TITLE III—AMENDMENTS TO COQUILLE RESTORATION ACT 

Sec. 301. Amendments to Coquille Restoration Act. 

TITLE I—COW CREEK UMPQUA LAND CONVEYANCE 

SEC. 101. DEFINITIONS. 

In this title: 


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(1) COUNCIL CREEK LAND.—The term ‘‘Council Creek land’’ means the approximately 17,519 acres of land, as generally depicted on the map entitled ‘‘Canyon 

Mountain Land Conveyance’’ and dated May 24, 2016. 

(2) TRIBE.—The term ‘‘Tribe’’ means the Cow Creek Band of Umpqua Tribe 

of Indians. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

SEC. 102. LAND TO BE HELD IN TRUST. 

(a) IN GENERAL.—Subject to valid existing rights, including rights-of-way, all 

right, title, and interest of the United States in and to the Council Creek land, including any improvements located on the land, appurtenances to the land, and minerals on or in the land, including oil and gas, shall be— 

(1) held in trust by the United States for the benefit of the Tribe; and 

(2) part of the reservation of the Tribe. 

(b) SURVEY.—Not later than 2 years after the date of enactment of this Act, the 

Secretary shall complete a survey to establish the boundaries of the land taken into 

trust under subsection (a). 

(c) EFFECTIVE DATE.—Subsection (a) shall take effect on the day after the date 

on which the Secretary records the agreement entered into under section 104(d)(1). 

SEC. 103. MAP AND LEGAL DESCRIPTION. 

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, 

the Secretary shall file a map and legal description of the Council Creek land with— 

(1) the Committee on Energy and Natural Resources of the Senate; and 

(2) the Committee on Natural Resources of the House of Representatives. 

(b) FORCE AND EFFECT.—The map and legal description filed under subsection (a) 

shall have the same force and effect as if included in this title, 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 subsection 

(a) shall be on file and available for public inspection in the Office of the Secretary. 

SEC. 104. ADMINISTRATION. 

(a) IN GENERAL.—Unless expressly provided in this title, nothing in this title affects any right or claim of the Tribe existing on the date of enactment of this Act 

to any land or interest in land. 

(b) PROHIBITIONS.— 

(1) EXPORTS OF UNPROCESSED LOGS.—Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply 

to any unprocessed logs that are harvested from the Council Creek land. 

(2) NON-PERMISSIBLE USE OF LAND.—Any real property taken into trust under 

section 102 shall not be eligible, or used, for any gaming activity carried out 

under Public Law 100–497 (25 U.S.C. 2701 et seq.). 

(c) FOREST MANAGEMENT.—Any forest management activity that is carried out on 

the Council Creek land shall be managed in accordance with all applicable Federal 

laws. 

(d) AGREEMENTS.— 

(1) MEMORANDUM OF AGREEMENT FOR ADMINISTRATIVE ACCESS.—Not later 

than 180 days after the date of enactment of this Act, the Secretary shall seek 

to enter into an agreement with the Tribe that secures existing administrative 

access by the Secretary to the Council Creek land. 

(2) RECIPROCAL RIGHT-OF-WAY AGREEMENTS.— 

(A) IN GENERAL.—On the date on which the agreement is entered into 

under paragraph (1), the Secretary shall provide to the Tribe all reciprocal 

right-of-way agreements to the Council Creek land in existence as of the 

date of enactment of this Act. 

(B) CONTINUED ACCESS.—Beginning on the date on which the Council 

Creek land is taken into trust under section 102, the Tribe shall continue 

the access provided by the agreements referred to in subparagraph (A) in 

perpetuity. 

(e) LAND USE PLANNING REQUIREMENTS.—Except as provided in subsection (c), 

once the Council Creek land is taken into trust under section 102, the Council Creek 

land shall not be subject to the land use planning requirements of the Federal Land 

Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of August 

28, 1937 (43 U.S.C. 1181a et seq.). 

SEC. 105. LAND RECLASSIFICATION. 

(a) IDENTIFICATION OF OREGON AND CALIFORNIA RAILROAD GRANT LAND.—Not 

later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant 


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land that is held in trust by the United States for the benefit of the Tribe under 

section 102. 

(b) IDENTIFICATION OF PUBLIC DOMAIN LAND.—Not later than 2 years after the 

date of enactment of this Act, the Secretary shall identify public domain land in the 

State of Oregon that— 

(1) is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under subsection (a); and 

(2) is located within the 18 western Oregon and California Railroad grant 

land counties (other than Klamath County, Oregon). 

(c) MAPS.—Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps 

depicting the land identified in subsections (a) and (b). 

(d) RECLASSIFICATION.— 

(1) IN GENERAL.—After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. 

(2) APPLICABILITY.—The Act of August 28, 1937 (43 U.S.C. 1181a et seq.), 

shall apply to land reclassified as Oregon and California Railroad grant land 

under paragraph (1). 

TITLE II—OREGON COASTAL LAND CONVEYANCE 

SEC. 201. DEFINITIONS. 

In this title: 

(1) CONFEDERATED TRIBES.—The term ‘‘Confederated Tribes’’ means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. 

(2) OREGON COASTAL LAND.—The term ‘‘Oregon Coastal land’’ means the approximately 14,742 acres of land, as generally depicted on the map entitled ‘‘Oregon Coastal Land Conveyance’’ and dated July 11, 2016. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

SEC. 202. LAND TO BE HELD IN TRUST. 

(a) IN GENERAL.—Subject to valid existing rights, including rights-of-way, all 

right, title, and interest of the United States in and to the Oregon Coastal land, 

including any improvements located on the land, appurtenances to the land, and 

minerals on or in the land, including oil and gas, shall be— 

(1) held in trust by the United States for the benefit of the Confederated 

Tribes; and 

(2) part of the reservation of the Confederated Tribes. 

(b) SURVEY.—Not later than 2 years after the date of enactment of this Act, the 

Secretary shall complete a survey to establish the boundaries of the land taken into 

trust under subsection (a). 

(c) EFFECTIVE DATE.—Subsection (a) shall take effect on the day after the date 

on which the Secretary records the agreement entered into under section 204(d)(1). 

SEC. 203. MAP AND LEGAL DESCRIPTION. 

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, 

the Secretary shall file a map and legal description of the Oregon Coastal land 

with— 

(1) the Committee on Energy and Natural Resources of the Senate; and 

(2) the Committee on Natural Resources of the House of Representatives. 

(b) FORCE AND EFFECT.—The map and legal description filed under subsection (a) 

shall have the same force and effect as if included in this title, 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 subsection 

(a) shall be on file and available for public inspection in the Office of the Secretary. 

SEC. 204. ADMINISTRATION. 

(a) IN GENERAL.—Unless expressly provided in this title, nothing in this title affects any right or claim of the Confederated Tribes existing on the date of enactment 

of this Act to any land or interest in land. 

(b) PROHIBITIONS.— 

(1) EXPORTS OF UNPROCESSED LOGS.—Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply 

to any unprocessed logs that are harvested from the Oregon Coastal land taken 

into trust under section 202. 

(2) NON-PERMISSIBLE USE OF LAND.—Any real property taken into trust under 

section 202 shall not be eligible, or used, for any gaming activity carried out 

under Public Law 100–497 (25 U.S.C. 2701 et seq.). 


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(c) FOREST MANAGEMENT.—Any forest management activity that is carried out on 

the Oregon Coastal land shall be managed in accordance with all applicable Federal 

laws. 

(d) AGREEMENTS.— (1) MEMORANDUM OF AGREEMENT FOR ADMINISTRATIVE ACCESS.—Not later 

than 180 days after the date of enactment of this Act, the Secretary shall seek 

to enter into an agreement with the Confederated Tribes that secures existing 

administrative access by the Secretary to the Oregon Coastal land and that provides for— 

(A) access for certain activities, including— 

(i) forest management; 

(ii) timber and rock haul; 

(iii) road maintenance; 

(iv) wildland fire protection and management; 

(v) cadastral surveys; 

(vi) wildlife, cultural, and other surveys; and 

(vii) law enforcement activities; 

(B) the management of the Oregon Coastal land that is acquired or developed under chapter 2003 of title 54, United States Code, consistent with 

section 200305(f)(3) of that title; and 

(C) the terms of public vehicular transit across the Oregon Coastal land 

to and from the Hult Log Storage Reservoir located in T. 15 S., R. 7 W., 

as generally depicted on the map described in section 201(2), subject to the 

requirement that if the Bureau of Land Management discontinues maintenance of the public recreation site known as ‘‘Hult Reservoir’’, the terms of 

any agreement in effect on that date that provides for public vehicular transit to and from the Hult Log Storage Reservoir shall be void. 

(2) RECIPROCAL RIGHT OF WAY AGREEMENTS.— (A) IN GENERAL.—On the date on which the agreement is entered into 

under paragraph (1), the Secretary shall provide to the Confederated Tribes 

all reciprocal right-of-way agreements to the Oregon Coastal land in existence on the date of enactment of this Act. 

(B) CONTINUED ACCESS.—Beginning on the date on which the Oregon 

Coastal land is taken into trust under section 202, the Confederated Tribes 

shall continue the access provided by the reciprocal right-of-way agreements referred to in subparagraph (A) in perpetuity. 

(e) LAND USE PLANNING REQUIREMENTS.—Except as provided in subsection (c), 

once the Oregon Coastal land is taken into trust under section 202, the Oregon 

Coastal land shall not be subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act 

of August 28, 1937 (43 U.S.C. 1181a et seq.). 

SEC. 205. LAND RECLASSIFICATION. 

(a) IDENTIFICATION OF OREGON AND CALIFORNIA RAILROAD GRANT LAND.—Not 

later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant 

land that is held in trust by the United States for the benefit of the Confederated 

Tribes under section 202. 

(b) IDENTIFICATION OF PUBLIC DOMAIN LAND.—Not later than 2 years after the 

date of enactment of this Act, the Secretary shall identify public domain land in the 

State of Oregon that— 

(1) is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under subsection (a); and 

(2) is located within the 18 western Oregon and California Railroad grant 

land counties (other than Klamath County, Oregon). 

(c) MAPS.—Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps 

depicting the land identified in subsections (a) and (b). 

(d) RECLASSIFICATION.— (1) IN GENERAL.—After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. 

(2) APPLICABILITY.—The Act of August 28, 1937 (43 U.S.C. 1181a et seq.), 

shall apply to land reclassified as Oregon and California Railroad grant land 

under paragraph (1). 

TITLE III—AMENDMENTS TO COQUILLE RESTORATION ACT 

SEC. 301. AMENDMENTS TO COQUILLE RESTORATION ACT. 

Section 5(d) of the Coquille Restoration Act (25 U.S.C. 715c(d)) is amended— 


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(1) by striking paragraph (5) and inserting the following: 

‘‘(5) MANAGEMENT.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the Secretary, acting 

through the Assistant Secretary for Indian Affairs, shall manage the 

Coquille Forest in accordance with the laws pertaining to the management 

of Indian trust land. 

‘‘(B) ADMINISTRATION.— 

‘‘(i) UNPROCESSED LOGS.—Unprocessed logs harvested from the 

Coquille Forest shall be subject to the same Federal statutory restrictions on export to foreign nations that apply to unprocessed logs harvested from Federal land. 

‘‘(ii) SALES OF TIMBER.—Notwithstanding any other provision of law, 

all sales of timber from land subject to this subsection shall be advertised, offered, and awarded according to competitive bidding practices, 

with sales being awarded to the highest responsible bidder.’’; 

(2) by striking paragraph (9); and 

(3) by redesignating paragraphs (10) through (12) as paragraphs (9) through 

(11), respectively. 

PURPOSE

The purpose of S. 815, as introduced, is to provide for the conveyance of certain Federal land in the State of Oregon to the Cow 

Creek Band of Umpqua Tribe of Indians. 

BACKGROUND AND NEED

TITLE I—COW CREEK UMPQUA LAND CONVEYANCE

The Cow Creek Umpqua Tribe and its reservation are located in 

Canyonville, Oregon, along Interstate 5. The Tribe was the second 

in the state to sign a treaty with the United States in 1853, which 

the Senate ratified in 1854. According to the Tribe, its ancestral 

lands included territory between the Cascade Mountains and the 

Coast Ranges in southwestern Oregon along the South Umpqua 

River and its primary feeder stream, Cow Creek. 

The United States formally terminated the Tribe through the 

Western Oregon Indian Termination Act of 1954 (‘‘Termination 

Act,’’ Public Law 588, Chapter 733, 68 Stat. 724). This Act also terminated over 60 other tribes in Oregon. The ‘‘Termination Era,’’ as 

it became known, had a profound effect on Oregon Indian Tribes. 

When a tribe was terminated, it lost its recognized status as a sovereign entity, it lost its land base, and its members lost access to 

federal programs. 

In the decades following the Termination Era, the Tribe continued to stay in its ancestral homelands. In 1982, Congress restored 

federal recognition of the Cow Creek Band of Umpqua Tribe of Indians by Public Law 97–391. The Tribe’s ancestral lands, however, 

were not returned. Instead, the Tribe maintained the expectation 

that, at some point in the future, it would be eligible to receive 

lands to serve as its reservation and from which it would be able 

to build its economy and exercise its authority as a sovereign government. 

Today the Tribe has approximately 4,471 acres of land held in 

trust. The Tribe has used this land to operate the tribal government and tribally-owned businesses, which include Umpqua Indian 

Foods, the Seven Feathers Casino and Resort, the Umpqua Business Center, and the K Bar Ranch. These enterprises are operated 

by the Umpqua Indian Development Corporation, a tribal corporaVerDate Sep 11 2014 04:53 Sep 13, 2016 Jkt 059010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR345.XXX SR345

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tion chartered under section 17 of the Indian Reorganization Act 

(25 U.S.C. 477). 

S. 815 would take into trust approximately 17,519 acres of public 

land in Oregon for the benefit of the Cow Creek Umpqua Tribe. 

The lands to be taken into trust are located in southwest Oregon 

and would be used to restore and expand the historic and economic 

base for the Tribe to include timber production. The conveyance of 

the land in trust will be subject to valid existing rights, including 

all reciprocal rights-of-way agreements. As a condition precedent to 

the land being taken into trust, the Secretary and the Tribe must 

enter into a memorandum of agreement (MOA) regarding administrative access for the Bureau of Land Management (BLM). A substantial amount of the public land placed in trust for the Tribe is 

currently part of the Oregon & California (O&C) railroad land 

grant, managed by the BLM. The Secretary of the Interior is required to reclassify as O&C land an equal acreage of public domain 

land located in the vicinity of the land given to the Tribe. 

Land placed in trust for the Tribe may not be used for gambling 

under the Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2701 

et seq.), and timber harvested from such land shall be subject to 

federal law restricting the export of unprocessed logs. 

TITLE II—OREGON COASTAL LANDS

The Confederated Tribes of Coos, Lower Umpqua, and Siuslaw 

Indians are the aboriginal inhabitants of the central and south-central coast of Oregon. After initial contact with fur traders in the 

early 1800s, these tribes along the Oregon coast negotiated a treaty 

with the United States in 1855; however, the treaty was never ratified nor the terms fully realized. 

In 1940, six acres located 100 miles southwest of Eugene, Oregon, were bestowed to the Tribes by a non-Indian; later these 

lands were placed into trust by the Department of the Interior. 

These six acres constituted the Tribes’ reservation. 

The United States formally terminated the Confederated Tribes 

of Coos, Lower Umpqua, and Siuslaw Indians through the Termination Act. In 1984, the federal recognition of the Confederated 

Tribes of Coos, Lower Umpqua, and Siuslaw Indians was restored 

by Public Law 98–481. Under that Act, several parcels of land in 

Coos County and Curry County in Oregon were taken into trust to 

establish a reservation for the Tribes. In 1998, Congress placed an 

additional tract of land into trust for the Tribes under Public Law 

105–256. Today, the Tribes have 153 acres held in trust by the 

United States. Over the years the Tribes have acquired land 

through donations and purchases, including 98 acres of restored 

land along Highway 126 in Florence, Oregon, where the Three Rivers casino is located. 

S. 815 would take into trust approximately 14,742 acres of public 

land for the benefit of the Confederated Tribes of the Coos, Lower 

Umpqua, and Siuslaw Indians. The parcels to be taken into trust 

are located in western Oregon’s Coos, Douglas, Benton, and Lane 

Counties, and include tracts such as the Coos Head, Talbot Allotment, and Umpqua Eden parcels, which are of particular cultural 

significance to the Tribes, as well as areas such as the Lower 

Smith River and Tioga tracts to be managed for timber production. 


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As a condition precedent to the land being taken into trust, the 

Secretary and the Tribes shall enter into a MOA regarding administrative access for the BLM. A substantial amount of the public 

land placed in trust for the tribe is currently part of the O&C railroad land grant, managed by the BLM. The Secretary of the Interior is required to reclassify as O&C land an equal acreage of public domain land located in the vicinity of the land given to the 

Tribe. 

Land placed in trust for the Tribe may not be used for gambling 

under the Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2701 

et seq.), and timber harvested from such land shall be subject to 

federal law restricting the export of unprocessed logs. 

TITLE III—COQUILLE FOREST FAIRNESS

The Coquille Indian Tribe is located in Coos Bay/North Bend, Oregon, along the southern coast. After negotiating but failing to ratify a treaty with the Coquilles in the 1850s, the United States 

sought to forcibly relocate the Coquille people to the Coast (Siletz) 

reservation. A number of families, however, resisted relocation and 

stayed on their aboriginal lands. Others made escapes from their 

confinement on the Coast Reservation to return to their ancestral 

homelands. The homelands they returned to were in the process of 

irrevocable alteration. 

The United States formally terminated the Coquille Indian Tribe 

through the Termination Act. In 1989, the Coquille Restoration Act 

(Public Law 101–42, 25 U.S.C. 715c) restored federal recognition of 

the Coquille Indian Tribe and directed the Secretary of the Interior 

to develop a plan for the Tribe’s self-sufficiency. The Secretary later 

adopted a plan that has as its self-described ‘‘cornerstone’’ the restoration of 59,000 acres of the Tribe’s ancestral lands. The Secretary ultimately transferred only one tenth of the amount required by the Self-Sufficiency Plan (5,410 acres). These lands are 

referred to as the ‘‘Coquille Forest.’’ 

Coquille tribal forestlands generate timber revenues that are an 

essential component of the goal shared by the Tribe and Congress 

for Coquille tribal self-governance. Reasonably consistent and predictable timber revenues are critical for the successful planning 

and management of Tribal programs, as well as providing employment for Tribal members and members of the local community, in 

both direct and indirect ways. 

Unlike other tribal trust forestlands in the United States, pursuant to the Coquille Restoration Act, the Coquille tribal forestlands 

are statutorily required to be managed under State and Federal 

forestry and environmental laws and are subject to the standards 

and guidelines of the federal forest plans on adjacent or nearby 

Federal lands. 

This statutory requirement negatively impacts the Tribe by reducing the land available for timber harvest from 5,140 acres to 

2,009 acres. In addition, the linkage to other Federal forestlands 

has invited repeated appeals and litigation against the Department 

of the Interior in attempts to block or severely restrict timber management on tribal forestlands. The delays and costs associated with 

the appeals and litigation have directly impacted the Tribe. 

Timber on tribal lands is generally subject to laws and regulations implemented by the Department of the Interior, including the 


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National Indian Forest Resources Management Act (25 U.S.C. 3101 

et seq.). Title III of S. 815 would require the Secretary of the Interior to manage the Coquille Forest in accordance with laws pertaining to the management of Indian trust land. 

S. 815 combines the text of three bills introduced in the 114th 

Congress, S. 814, S. 815, and S. 816, as separate titles. 

LEGISLATIVE HISTORY

S. 132, the larger umbrella Oregon and California Land Grant 

Act, was introduced by Senators Wyden and Merkley on January 

8, 2015. S. 132 contains text broken out into three bills, S. 814, S. 

815, and S. 816, introduced by Senators Wyden and Merkley on 

March 19, 2015. 

House companion bills, H.R. 1436, H.R. 1437, and H.R. 1438 

were introduced by Representatives DeFazio and Walden on April 

7, 2015. H.R. 2791 was introduced in the House of Representatives 

by Representatives DeFazio and Walden on June 16, 2015. H.R. 

2791 combines the text of the three bills, H.R. 1436, H.R. 1437, and 

H.R. 1438. H.R. 2791 passed the House of Representatives by voice 

vote on September 16, 2015. 

The Subcommittee on Public Lands, Forests and Mining held a 

hearing on S. 814, S. 815, on May 21, 2015 and a hearing on S. 

132 on July 16, 2015. 

On July 13, 2016, the Committee on Energy and Natural Resources held a business meeting and ordered S. 815 favorably reported with an amendment in the nature of a substitute, which 

combines the text of S. 814, S. 815, and S. 816. 

In the 113th Congress, Senators Wyden and Merkley introduced 

S. 1414 and S. 1415, similar bills to S. 814 and S. 815, on July 31, 

2013. The Subcommittee on Public Lands, Forests, and Mining 

held a hearing on the bills on November 20, 2013 (S. Hrg. 113– 

342). The text of S. 1414 and S. 1415 were also included in S. 1784, 

the Oregon and California Land Grant Act of 2014, which was ordered reported with an amendment in the nature of a substitute 

by the Committee on Energy and Natural Resources on November 

13, 2014 (S. Rept. 113–307). 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on July 13, 2016, by a majority voice vote of 

a quorum present, recommends that the Senate pass S. 815, if 

amended as described herein. Senator Barrasso requested that he 

be recorded as voting no. 

COMMITTEE AMENDMENT

During its consideration of S. 815, the Committee adopted an 

amendment in the nature of a substitute. 

The amendment in the nature of a substitute combines the text 

of three bills introduced in the 114th Congress, S. 814, S. 815 and 

S. 816, as separate titles. The substitute amendment also makes a 

number of changes, including a requirement that, as a condition 

precedent to the Secretary taking any land into trust for the 

Tribes, that the Tribes enter into access agreements with the Secretary for the lands to be taken into trust; and a requirement that 


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existing reciprocal rights-of-way agreements be honored in perpetuity on lands taken into trust. 

The amendment is further described in the section-by-section 

analysis. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; Table of contents 

Section 1 provides a short title and a table of contents. 

TITLE I—COW CREEK UMPQUA LAND CONVEYANCE

Section 101. Definitions 

Section 101 defines key terms for this title. 

Section 102. Lands to be held in trust 

Section 102 requires the Council Creek land, subject to valid existing rights, to be held in trust by the United States for the benefit of the Tribe and made part of the reservation on the date that 

is the day after the date that the Secretary records the administrative access agreement required under section 104(d)(1). The Section 

also requires the Secretary to complete a survey to establish the 

boundaries of the land taken into trust within two years of the 

Act’s enactment. 

Section 103. Map and legal description 

Section 103(a) directs the Secretary to file a map and legal description with certain Congressional committees as soon as practicable. 

Subsection (b) provides that the maps and legal description have 

the same force and effect as if included in the Title and specifies 

that the Secretary may correct clerical or typographical errors in 

the map or legal description. 

Subsection 3(c) requires that the map and legal description be on 

file and available for public inspection in the Office of the Secretary. 

Section 104. Administration 

Section 104(a) preserves the Tribe’s existing rights or claims to 

any land or interest in land that exist on the date of enactment. 

Subsection (b) expressly prohibits the Tribe from exporting unprocessed logs that are harvested from Council Creek land or from 

using any property taken into trust under section 102 for any gaming activity carried out under Public Law 100–497 (25 U.S.C. 2701 

et seq.). 

Subsection (c) requires any forest management activities on 

Council Creek land to be managed in accordance with all applicable 

Federal laws. 

Subsection (d) requires the Secretary to seek to enter into an 

MOA with the Tribe for administrative access to the Council Creek 

land. Once such an agreement is signed, the Secretary is required 

to provide to the Tribe all the existing reciprocal rights of way 

agreements that exist on the land. This Section further requires 

the Tribe to continue the access provided by these agreements in 

perpetuity on the lands taken into trust. 


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Subsection (e) specifies that the land taken into trust is not subject to the planning requirements under the Federal Land Policy 

and Management Act except as provided for forest management activities in section 104(c). 

Section 105. Land reclassification 

Section 105 requires the Secretary of Agriculture and the Secretary of the Interior to identify any Oregon and California Railroad grant land that is held in trust under section 102 of this Title 

within 180 days after the date of enactment. The Section further 

requires that within two years the Secretary identify public domain 

land that meets certain criteria outlined in the Section that can be 

reclassified as Oregon and California Railroad grant land. The Secretary is required to submit to Congress and publish in the federal 

register maps that depict the public domain land to be reclassified 

and provide an opportunity for public comment. 

TITLE II—OREGON COASTAL LAND CONVEYANCE

Section 201. Definitions 

Section 201 defines key terms used in this Title. 

Section 202. Land to be held in trust 

Section 202 requires the Oregon Coastal land, subject to valid existing rights, to be held in trust by the United States for the benefit of the Confederated Tribes and made part of the reservation on 

the date that is the day after the date that the Secretary records 

the required administrative access agreement. The Section also requires that the Secretary, within two years of enactment of the Act, 

complete a survey to establish the boundaries of the land taken 

into trust. 

Section 203. Map and legal description 

Section 203(a) directs the Secretary to file a map and legal description with certain Congressional committees. 

Subsection (b) provides that the maps and legal description have 

the same force and effect as if included in the Title and specifies 

that the Secretary may correct clerical or typographical errors in 

the map or legal description. 

Subsection (c) requires that the map and legal description be on 

file and available for public inspection in the Office of the Secretary. 

Section 204. Administration 

Section 204(a) preserves the Confederated Tribes’ existing rights 

or claims to any land or interest in land that exist on the date of 

enactment. 

Subsection (b) expressly prohibits the tribe from exporting unprocessed logs that are harvested from Oregon Coastal land or from 

using any property taken into trust under section 202 to be used 

for any gaming activity carried out under Public Law 100–497 (25 

U.S.C. 2701 et seq.). 

Subsection (c) requires any all forest management activities on 

the Oregon Coastal land to be managed in accordance with all applicable Federal laws. 


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Subsection (d) requires the Secretary to seek to enter into an 

MOA with the Confederated Tribes for administrative access for 

certain activities described in the section to the Oregon Coastal 

land and once such agreement is signed the Secretary is required 

to provide to the Confederated Tribes all the existing reciprocal 

rights of way agreements that exist on the land. This Section further requires the Confederated Tribes to continue the access provided by these agreements in perpetuity on the lands taken into 

trust. 

Subsection (e) specifies that the land taken into trust is not subject to the planning requirements under the Federal Land Policy 

and Management Act except as provided for forest management activities in section 204(c). 

Section 205. Land reclassification 

Section 205 requires the Secretary of Agriculture and the Secretary of the Interior to identify any Oregon and California Railroad grant land that is held in trust under section 102 of this Title 

within 180 days after the date of enactment. The Section further 

requires that within two years the Secretary identify public domain 

land that meets certain criteria outlined in the Section that can be 

reclassified as Oregon and California Railroad grant land. The Secretary is required to submit to Congress and publish in the federal 

register maps that depict the public domain land to be reclassified 

and provide an opportunity for public comment. 

TITLE III—AMENDMENTS TO THE COQUILLE RESTORATION ACT

Section 301. Amendments to Coquille Restoration Act 

Section 301 amends the Coquille Restoration Act by striking 

paragraphs (5) and (9) and inserting a new paragraph (5) that requires the Coquille Forest to be managed according to the laws 

that apply to the management of Indian trust land. The Section 

also prohibits the export of unprocessed logs harvested from the 

Coquille Forest and specifies certain requirements for timber sales. 

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office estimate of the costs of this 

measure has been requested but was not received at the time the 

report was filed. When the Congressional Budget Office completes 

its cost estimate, it will be posted on the internet at www.cbo.gov. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 815. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 815, as ordered reported. 


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CONGRESSIONALLY DIRECTED SPENDING

S. 815, as ordered reported, does not contain any congressionally 

directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the U.S. Forest Service of the U.S. 

Department of Agriculture and the Bureau of Land Management of 

the U.S. Department of the Interior on S. 814, S. 815, and S. 816 

follows: 

STATEMENT OF LESLIE WELDON, DEPUTY CHIEF, NATIONAL

FOREST SYSTEM, FOREST SERVICE, U.S. DEPARTMENT OF

AGRICULTURE

S. 814 would provide for the conveyance of certain Federal land in the State of Oregon to the Confederated Tribes 

of Coos, Lower Umpqua, and Siuslaw Indians and S. 815 

would provide for the conveyance of certain Federal land 

in the State of Oregon to the Cow Creek Band of Umpqua 

Tribe of Indians. We defer to the Department of the Interior for its position on these bills. There are no NFS lands 

included within the boundaries of the ‘‘Canyon Mountain 

Land Conveyance map dated 6–27–2013 or the Oregon 

Coastal Land Conveyance Map dated 6–27–2013. 

This concludes my remarks. Thanks for the opportunity 

to testify. 

STATEMENT OF TIMOTHY M. MURPHY, ACTING ASSISTANT

DIRECTOR, NATIONAL CONSERVATION LANDS & COMMUNITY PARTNERSHIPS, BUREAU OF LAND MANAGEMENT, 

DEPARTMENT OF THE INTERIOR

Thank you for the opportunity to testify on S. 814, the 

Oregon Coastal Lands Conveyance Act and S. 815, the 

Cow Creek Umpqua Land Conveyance Act. S. 814 would 

provide that approximately 14,804 acres of Bureau of Land 

Management (BLM)-managed lands in western Oregon be 

held in trust on behalf of the Confederated Tribes of the 

Coos, Lower Umpqua, and Siuslaw Indians. S. 815 would 

provide that approximately 17,519 acres of BLM-managed 

lands in western Oregon be held in trust on behalf of the 

Cow Creek Band of Umpqua Tribe of Indians. The bills 

would also require the Department of the Interior to reclassify an equal number of acres of public domain lands 

as Oregon and California (O&C) lands to compensate for 

the loss of O&C lands transferred by the bills. 

The Department of the Interior welcomes opportunities 

to work with Congress on the transfer of lands into trust 

status and supports the goals of S. 814 and S. 815. The 

BLM would like the opportunity to work with the sponsor 

and the Committee to address various issues related to the 

bill, including current uses of the lands, consistency with 

other laws, and the difficulty of identifying public domain 

lands to be reclassified as O&C lands. 


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BACKGROUND

Both the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians and the Cow Creek Band of the 

Umpqua Tribe of Indians have expressed their desire to 

acquire culturally significant tracts of land in the region as 

well as forest lands to be managed for the financial benefit 

of tribal members. The BLM strongly believes that open 

communication between the BLM and tribes is essential in 

maintaining effective government-to-government relationships, and the BLM has a positive working relationship 

with the tribes in the area. 

In western Oregon, the BLM currently manages roughly 

2.2 million acres of Revested Oregon and California Railroad and Reconveyed Coos Bay Wagon Road Grant Lands 

under the O&C Lands Act 1937. Under the Act, 18 O&C 

counties receive yearly payments equal to 50 percent of receipts from timber harvests on public lands in these counties. Since 2000, the BLM has made payments to the 18 

O&C counties based on the authorities provided for the in 

the Secure Rural Schools Act, which has been reauthorized 

through FY 2016. The BLM’s FY 2016 Budget request also 

includes a proposal for a five-year reauthorization of the 

Act. 

S. 814

S. 814 would provide that seven tracts comprising approximately 14,804 acres of BLM-managed lands be held 

in trust for the benefit of the Confederated Tribes of the 

Coos, Lower Umpqua, and Siuslaw Indians (the Tribes). 

The bill directs all right, title, and interest of the United 

States to the identified lands, subject to valid existing 

rights, to be held in trust for the benefit of the Tribes. 

These parcels are located in western Oregon’s Coos, 

Douglas, Benton, and Lane Counties, and include tracts 

such as the Coos Head, Talbot Allotment, and Umpqua 

Eden parcels, which are of particular cultural significance 

to the Tribes, as well as areas such as the Lower Smith 

River and Tioga tracts, managed for timber production. 

While the transfer would be subject to valid existing 

rights, the BLM would like to continue to work with the 

sponsor on access concerns on certain parcels. S. 814 includes language to address the BLM’s concerns about an 

earlier version of the legislation by honoring existing reciprocal right-of-way agreements and providing for administrative access by the BLM. However, we note that under 

the bill, the public would lose access to certain recreational 

trails and to the Hult Reservoir Recreation Area. 

S. 814 also includes lands identified for transfer that 

were acquired with funding from the Land and Water Conservation Fund (LWCF) Act of 1965, which requires that 

these lands remain available in perpetuity for the use and 

enjoyment of the public. The BLM would like to work with 

the sponsor to ensure consistency with the LWCF Act. 


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The BLM notes that the lands identified for transfer in 

S. 814 contain critical habitat for the northern spotted owl 

and marbled murrelet. We note that if these lands are held 

in trust, the BLM will not be able to complete its land 

management objectives for these lands related to the recovery of these species. 

S. 815

S. 815 would provide for approximately 17,519 acres of 

BLM-managed land in Douglas County, Oregon, to be held 

in trust for the benefit of the Cow Creek Band of Umpqua 

Tribe of Indians (the Tribe). The bill directs all rights, 

title, and interest of the United States to the identified 

lands, subject to valid existing rights, to be held in trust 

for the benefit of the Tribe. The lands identified for transfer would be used to restore and expand the historic and 

economic base for the Tribe in southwestern Oregon. The 

parcels are scattered and interspersed with private lands, 

and include many areas popular with hunters, anglers, 

and campers. 

While the transfer would be subject to valid existing 

rights, the BLM has access concerns related to some parcels. The BLM recommends the bill be amended to include 

similar language to S. 814 in Section 5(d) honoring existing reciprocal right-of-way agreements and administrative 

access by the BLM. 

The BLM suggests that corresponding language from S. 

814 Section 5(e) be inserted into S. 815 to ensure that land 

taken into trust under S. 815 would not be subject to the 

land use planning requirements of the Federal Land Policy 

and Management Act of 1976. 

The lands proposed for transfer in S. 815 also include 

populations of the Federally threatened Kincaid’s lupine 

and critical habitat for the northern spotted owl. We note 

that if these lands are held in trust, the BLM will not be 

able to complete its land management objectives for these 

lands related to the recovery of these species. The identified parcels also include numerous sites of cultural and 

historical importance. The BLM would like to work with 

the sponsor to clarify language related to the protection of 

wildlife and cultural resources. 

O&C FORESTRY

Because many of the lands to be taken into trust by both 

S. 814 and S. 815 have been identified for potential future 

timber sales, the BLM believes that the transfer of these 

lands would reduce the quantities of timber that could be 

offered in future timber sales, resulting in a potential reduction of timber revenues to the United States and to the 

O&C counties. 

Under the bills, the BLM would be required to identify 

and reclassify public domain lands as O&C lands to avoid 

a net loss to the acreage of O&C lands. The BLM is concerned that there are insufficient public domain lands of 

comparable condition, in the vicinity of the O&C lands to 


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meet this objective. The BLM would like to continue to 

work with the sponsor and the Committee on this issue. 

The Draft Western Oregon Resource Management Plan/ 

Environmental Impact Statement (Draft EIS) was released 

on April 24, 2015. The Draft EIS does not analyze the impacts of this transfer in any of the alternatives. The BLM 

is concerned that if these bills became law, there may not 

be sufficient time to address these transfers and their impact to resources and uses in the Final EIS. The Final EIS 

Record of Decision is scheduled to be signed in spring 

2016. 

The BLM also recognizes that timeframes to complete 

cadastral surveys required by both bills are longer than in 

previous versions, giving the BLM up to 1 year to complete 

the surveys of the boundaries of the transfer. However, the 

BLM is still concerned with being able to meet this requirement and would like to continue to work with the 

sponsor on a timeline that would add flexibility to the survey requirements. 

CONCLUSION

The Department of the Interior welcomes opportunities 

to work with Congress on the conveyance of lands into 

trust status and supports the goals of S. 814 and S. 815. 

We look forward to working with the sponsor and the 

Committee to address the various issues we have outlined 

in this testimony, as well as other minor technical issues. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

ordered reported, are shown as follows (existing law proposed to be 

omitted is enclosed in black brackets, new matter is printed in 

italic, existing law in which no change is proposed is shown in 

roman). 

COQUILLE RESTORATION ACT 

Public Law 101–42, as amended 

* * * * * * * 

SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST. 

* * * * * * * 

(d) CREATION OF THE COQUILLE FOREST.— 

* * * * * * * 

ø(5) MANAGEMENT.—The Secretary of Interior, acting 

through the Assistant Secretary for Indian Affairs, shall manage the Coquille Forest under applicable State and Federal forestry and environmental protection laws, and subject to critical 

habitat designations under the Endangered Species Act, and 

subject to the standards and guidelines of Federal forest plans 

on adjacent or nearby Federal lands, now and in the future. 

The Secretary shall otherwise manage the Coquille Forest in 

accordance with the laws pertaining to the management of InVerDate Sep 11 2014 04:53 Sep 13, 2016 Jkt 059010 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\SR345.XXX SR345

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dian Trust lands and shall distribute revenues in accord with 

Public Law 101–630, 25 U.S.C. 3107. 

ø(A) Unprocessed logs harvested from the Coquille Forest shall be subject to the same Federal statutory restrictions on export to foreign Nations that apply to unprocessed logs harvested from Federal lands. 

ø(B) Notwithstanding any other provision of law, all 

sales of timber from land subject to this subsection shall 

be advertised, offered and awarded according to competitive bidding practices, with sales being awarded to the 

highest responsible bidder.¿ 

(5) MANAGEMENT.— (A) IN GENERAL.—Subject to subparagraph (B), the Secretary, acting through the Assistant Secretary for Indian 

Affairs, shall manage the Coquille Forest in accordance 

with the laws pertaining to the management of Indian trust 

land. 

(B) ADMINISTRATION.— (i) UNPROCESSED LOGS.—Unprocessed logs harvested 

from the Coquille Forest shall be subject to the same 

Federal statutory restrictions on export to foreign nations that apply to unprocessed logs harvested from 

Federal land. 

(ii) SALES OF TIMBER.—Notwithstanding any other 

provision of law, all sales of timber from land subject 

to this subsection shall be advertised, offered, and 

awarded according to competitive bidding practices, 

with sales being awarded to the highest responsible 

bidder. 

* * * * * * * 

ø(9) JURISDICTION.— ø(A) The United States District Court for the District of 

Oregon shall have jurisdiction over actions against the 

Secretary arising out of claims that this subsection has 

been violated. Consistent with existing precedents on 

standing to sue, any affected citizen may bring suit against 

the Secretary for violations of this subsection, except that 

suit may not be brought against the Secretary for claims 

that the MOA has been violated. The Court has the authority to hold unlawful and set aside actions pursuant to 

this subsection that are arbitrary and capricious, an abuse 

of discretion, or otherwise an abuse of law. 

ø(B) The United States District Court for the District of 

Oregon shall have jurisdiction over actions between the 

State of Oregon and the Tribe arising out of claims of 

breach of the MOA. 

ø(C) Unless otherwise provided for by law, remedies 

available under this subsection shall be limited to equitable relief and shall not include damages.¿ 

ø(10)¿ (9) STATE REGULATORY AND CIVIL JURISDICTION.—In 

addition to the jurisdiction described in paragraph 7 of this 

subsection, the State of Oregon may exercise exclusive regulatory civil jurisdiction, including but not limited to adoption 

and enforcement of administrative rules and orders, over the 

following subjects: 


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(A) management, allocation and administration of fish 

and wildlife resources, including but not limited to establishment and enforcement of hunting and fishing seasons, 

bag limits, limits on equipment and methods, issuance of 

permits and licenses, and approval or disapproval of hatcheries, game farms, and other breeding facilities; Provided, That nothing herein shall be construed to permit the State 

of Oregon to manage fish or wildlife habitat on Coquille 

Forest lands; 

(B) allocation and administration of water rights, appropriation of water and use of water; 

(C) regulation of boating activities, including equipment 

and registration requirements, and protection of the 

public’s right to use the waterways for purposes of boating 

or other navigation; 

(D) fills and removals from waters of the State, as defined in Oregon law; 

(E) protection and management of the State’s proprietary interests in the beds and banks of navigable waterways; 

(F) regulation of mining, mine reclamation activities, 

and exploration and drilling for oil and gas deposits; 

(G) regulation of water quality, air quality (including 

smoke management), solid and hazardous waste, and remediation of releases of hazardous substances; 

(H) regulation of the use of herbicides and pesticides; 

and 

(I) enforcement of public health and safety standards, including standards for the protection of workers, well construction and codes governing the construction of bridges, 

buildings, and other structures. 

ø(11)¿ (10) SAVINGS CLAUSE, STATE AUTHORITY.— 

(A) Nothing in this subsection shall be construed to 

grant tribal authority over private or State-owned lands. 

(B) To the extend that the State of Oregon is regulating 

the foregoing areas pursuant to a delegated Federal authority or a Federal program, nothing in this subsection 

shall be construed to enlarge or diminish the State’s authority under such law. 

(C) Where both the State of Oregon and the United 

States are regulating, nothing herein shall be construed to 

alter their respective authorities. 

(D) To the extent that Federal law authorizes the 

Coquille Indian Tribe to assume regulatory authority over 

an area, nothing herein shall be construed to enlarge or diminish the tribe’s authority to do so under such law. 

(E) Unless and except to the extent that the tribe has 

assumed jurisdiction over the Coquille Forest pursuant to 

Federal law, or otherwise with the consent of the State, 

the State of Oregon shall have jurisdiction and authority 

to enforce its laws addressing the subjects listed in subparagraph 10 of this subsection on the Coquille Forest 

against the Coquille Indian Tribe, its members and all 

other persons and entities, in the same manner and with 

the same remedies and protections and appeal rights as 


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otherwise provided by general Oregon law. Where the 

State of Oregon and Coquille Indian Tribe agree regarding 

the exercise of tribal civil regulatory jurisdiction over activities on the Coquille Forest lands, the tribe may exercise 

such jurisdiction as its agreed upon. 

ø(12)¿ (11) In the event of a conflict between Federal and 

State law under this subsection, Federal law shall control. 

* * * * * * * 

Æ 


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