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[Senate Report 114-345]
[From the U.S. Government Publishing Office]

                                                      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:
          (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 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.).
    (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--
          (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 
corporation 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.
    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 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 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.
    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.
    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.

                   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.

                               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.
    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 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

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

           *       *       *       *       *       *       *

    (d) Creation of the Coquille Forest.--

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          [(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 Indian Trust lands and shall distribute revenues in 
        accord with Public Law 101-630, 25 U.S.C. 3107.
                  [(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.
                  [(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.

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        [(9) Jurisdiction.--
                  [(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.
                  [(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.
                  [(C) Unless otherwise provided for by law, 
                remedies available under this subsection shall 
                be limited to equitable relief and shall not 
                include damages.]
          [(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:
                  (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.
          [(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 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.
          [(12)] (11) In the event of a conflict between 
        Federal and State law under this subsection, Federal 
        law shall control.

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