II 

114TH CONGRESS 

1ST SESSION H. R. 2791 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2015 

Received 

AN ACT 

To require that certain Federal lands be held in trust by 

the United States for the benefit of certain Indian tribes 

in Oregon, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Western Oregon Tribal Fairness Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—COW CREEK UMPQUA LAND CONVEYANCE 

Sec. 101. Short title. 

Sec. 102. Definitions. 

Sec. 103. Conveyance. 

Sec. 104. Map and legal description. 

Sec. 105. Administration. 

Sec. 106. Land reclassification. 

TITLE II—COQUILLE FOREST FAIRNESS 

Sec. 201. Short title. 

Sec. 202. Amendments to Coquille Restoration Act. 

TITLE III—OREGON COASTAL LANDS 

Sec. 301. Short title. 

Sec. 302. Definitions. 

Sec. 303. Conveyance. 

Sec. 304. Map and legal description. 

Sec. 305. Administration. 

Sec. 306. Land reclassification. 

6 TITLE I—COW CREEK UMPQUA 

7 LAND CONVEYANCE 

8 SEC. 101. SHORT TITLE. 

9 This title may be cited as the ‘‘Cow Creek Umpqua 

10 Land Conveyance Act’’. 

11 SEC. 102. DEFINITIONS. 

12 In this title: 

13 (1) COUNCIL CREEK LAND.—The term ‘‘Council 

14 Creek land’’ means the approximately 17,519 acres 

15 of land, as generally depicted on the map entitled 


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1 ‘‘Canyon Mountain Land Conveyance’’ and dated 

2 June 27, 2013. 

3 (2) TRIBE.—The term ‘‘Tribe’’ means the Cow 

4 Creek Band of Umpqua Tribe of Indians. 

5 (3) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior. 

7 SEC. 103. CONVEYANCE. 

8 (a) IN GENERAL.—Subject to valid existing rights, 

9 including rights-of-way, all right, title, and interest of the 

10 United States in and to the Council Creek land, including 

11 any improvements located on the land, appurtenances to 

12 the land, and minerals on or in the land, including oil and 

13 gas, shall be— 

14 (1) held in trust by the United States for the 

15 benefit of the Tribe; and 

16 (2) part of the reservation of the Tribe. 

17 (b) SURVEY.—Not later than 1 year after the date 

18 of enactment of this Act, the Secretary shall complete a 

19 survey of the boundary lines to establish the boundaries 

20 of the land taken into trust under subsection (a). 

21 SEC. 104. MAP AND LEGAL DESCRIPTION. 

22 (a) IN GENERAL.—As soon as practicable after the 

23 date of enactment of this Act, the Secretary shall file a 

24 map and legal description of the Council Creek land 

25 with— 


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1 (1) the Committee on Energy and Natural Re2 sources of the Senate; and 

3 (2) the Committee on Natural Resources of the 

4 House of Representatives. 

5 (b) FORCE AND EFFECT.—The map and legal de6 scription filed under subsection (a) shall have the same 

7 force and effect as if included in this title, except that 

8 the Secretary may correct any clerical or typographical er9 rors in the map or legal description. 

10 (c) PUBLIC AVAILABILITY.—The map and legal de11 scription filed under subsection (a) shall be on file and 

12 available for public inspection in the Office of the Sec13 retary. 

14 SEC. 105. ADMINISTRATION. 

15 (a) IN GENERAL.—Unless expressly provided in this 

16 title, nothing in this title affects any right or claim of the 

17 Tribe existing on the date of enactment of this Act to any 

18 land or interest in land. 

19 (b) PROHIBITIONS.— 

20 (1) EXPORTS OF UNPROCESSED LOGS.—Fed21 eral law (including regulations) relating to the ex22 port of unprocessed logs harvested from Federal 

23 land shall apply to any unprocessed logs that are 

24 harvested from the Council Creek land. 


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1 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

2 property taken into trust under section 103 shall not 

3 be eligible, or used, for any gaming activity carried 

4 out under Public Law 100–497 (25 U.S.C. 2701 et 

5 seq.). 

6 (c) FOREST MANAGEMENT.—Any forest management 

7 activity that is carried out on the Council Creek land shall 

8 be managed in accordance with all applicable Federal 

9 laws. 

10 SEC. 106. LAND RECLASSIFICATION. 

11 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

12 RAILROAD GRANT LAND.—Not later than 180 days after 

13 the date of enactment of this Act, the Secretary of Agri14 culture and the Secretary shall identify any Oregon and 

15 California Railroad grant land that is held in trust by the 

16 United States for the benefit of the Tribe under section 

17 103. 

18 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

19 Not later than 18 months after the date of enactment of 

20 this Act, the Secretary shall identify public domain land 

21 in the State of Oregon that— 

22 (1) is approximately equal in acreage and con23 dition as the Oregon and California Railroad grant 

24 land identified under subsection (a); and 


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1 (2) is located in the vicinity of the Oregon and 

2 California Railroad grant land. 

3 (c) MAPS.—Not later than 2 years after the date of 

4 enactment of this Act, the Secretary shall submit to Con5 gress and publish in the Federal Register one or more 

6 maps depicting the land identified in subsections (a) and 

7 (b). 

8 (d) RECLASSIFICATION.— 

9 (1) IN GENERAL.—After providing an oppor10 tunity for public comment, the Secretary shall re11 classify the land identified in subsection (b) as Or12 egon and California Railroad grant land. 

13 (2) APPLICABILITY.—The Act of August 28, 

14 1937 (43 U.S.C. 1181a et seq.), shall apply to land 

15 reclassified as Oregon and California Railroad grant 

16 land under paragraph (1). 

17 TITLE II—COQUILLE FOREST 

18 FAIRNESS 

19 SEC. 201. SHORT TITLE. 

20 This title may be cited as the ‘‘Coquille Forest Fair21 ness Act’’. 

22 SEC. 202. AMENDMENTS TO COQUILLE RESTORATION ACT. 

23 Section 5(d) of the Coquille Restoration Act (25 

24 U.S.C. 715c(d)) is amended— 


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

2 following: 

3 ‘‘(5) MANAGEMENT.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), the Secretary, acting through the 

6 Assistant Secretary for Indian Affairs, shall 

7 manage the Coquille Forest in accordance with 

8 the laws pertaining to the management of In9 dian trust land. 

10 ‘‘(B) ADMINISTRATION.— 

11 ‘‘(i) UNPROCESSED LOGS.—Unproc12 essed logs harvested from the Coquille For13 est shall be subject to the same Federal 

14 statutory restrictions on export to foreign 

15 nations that apply to unprocessed logs har16 vested from Federal land. 

17 ‘‘(ii) SALES OF TIMBER.—Notwith18 standing any other provision of law, all 

19 sales of timber from land subject to this 

20 subsection shall be advertised, offered, and 

21 awarded according to competitive bidding 

22 practices, with sales being awarded to the 

23 highest responsible bidder.’’; 

24 (2) by striking paragraph (9); and 


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1 (3) by redesignating paragraphs (10) through 

2 (12) as paragraphs (9) through (11), respectively. 

3 TITLE III—OREGON COASTAL 

4 LANDS 

5 SEC. 301. SHORT TITLE. 

6 This title may be cited as the ‘‘Oregon Coastal Lands 

7 Act’’. 

8 SEC. 302. DEFINITIONS. 

9 In this title: 

10 (1) CONFEDERATED TRIBES.—The term ‘‘Con11 federated Tribes’’ means the Confederated Tribes of 

12 Coos, Lower Umpqua, and Siuslaw Indians. 

13 (2) OREGON COASTAL LAND.—The term ‘‘Or14 egon Coastal land’’ means the approximately 14,408 

15 acres of land, as generally depicted on the map enti16 tled ‘‘Oregon Coastal Land Conveyance’’ and dated 

17 March 27, 2013. 

18 (3) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 SEC. 303. CONVEYANCE. 

21 (a) IN GENERAL.—Subject to valid existing rights, 

22 including rights-of-way, all right, title, and interest of the 

23 United States in and to the Oregon Coastal land, includ24 ing any improvements located on the land, appurtenances 


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1 to the land, and minerals on or in the land, including oil 

2 and gas, shall be— 

3 (1) held in trust by the United States for the 

4 benefit of the Confederated Tribes; and 

5 (2) part of the reservation of the Confederated 

6 Tribes. 

7 (b) SURVEY.—Not later than 1 year after the date 

8 of enactment of this Act, the Secretary shall complete a 

9 survey of the boundary lines to establish the boundaries 

10 of the land taken into trust under subsection (a). 

11 SEC. 304. MAP AND LEGAL DESCRIPTION. 

12 (a) IN GENERAL.—As soon as practicable after the 

13 date of enactment of this Act, the Secretary shall file a 

14 map and legal description of the Oregon Coastal land 

15 with— 

16 (1) the Committee on Energy and Natural Re17 sources of the Senate; and 

18 (2) the Committee on Natural Resources of the 

19 House of Representatives. 

20 (b) FORCE AND EFFECT.—The map and legal de21 scription filed under subsection (a) shall have the same 

22 force and effect as if included in this title, except that 

23 the Secretary may correct any clerical or typographical er24 rors in the map or legal description. 


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1 (c) PUBLIC AVAILABILITY.—The map and legal de2 scription filed under subsection (a) shall be on file and 

3 available for public inspection in the Office of the Sec4 retary. 

5 SEC. 305. ADMINISTRATION. 

6 (a) IN GENERAL.—Unless expressly provided in this 

7 title, nothing in this title affects any right or claim of the 

8 Confederated Tribes existing on the date of enactment of 

9 this Act to any land or interest in land. 

10 (b) PROHIBITIONS.— 

11 (1) EXPORTS OF UNPROCESSED LOGS.—Fed12 eral law (including regulations) relating to the ex13 port of unprocessed logs harvested from Federal 

14 land shall apply to any unprocessed logs that are 

15 harvested from the Oregon Coastal land taken into 

16 trust under section 303. 

17 (2) NON-PERMISSIBLE USE OF LAND.—Any real 

18 property taken into trust under section 303 shall not 

19 be eligible, or used, for any gaming activity carried 

20 out under Public Law 100–497 (25 U.S.C. 2701 et 

21 seq.). 

22 (c) LAWS APPLICABLE TO COMMERCIAL FORESTRY

23 ACTIVITY.—Any commercial forestry activity that is car24 ried out on the Oregon Coastal land taken into trust under 


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1 section 303 shall be managed in accordance with all appli2 cable Federal laws. 

3 (d) AGREEMENTS.—The Confederated Tribes shall 

4 consult with the Secretary and other parties as necessary 

5 to develop agreements to provide for access to the Oregon 

6 Coastal land taken into trust under section 303 that pro7 vide for— 

8 (1) honoring existing reciprocal right-of-way 

9 agreements; 

10 (2) administrative access by the Bureau of 

11 Land Management; and 

12 (3) management of the Oregon Coastal lands 

13 that are acquired or developed under chapter 2003 

14 of title 54, United States Code (commonly known as 

15 the ‘‘Land and Water Conservation Fund Act of 

16 1965’’), consistent with section 200305(f)(3) of that 

17 title. 

18 (e) LAND USE PLANNING REQUIREMENTS.—Except 

19 as provided in subsection (c), once the Oregon Coastal 

20 land is taken into trust under section 303, the land shall 

21 not be subject to the land use planning requirements of 

22 the Federal Land Policy and Management Act of 1976 

23 (43 U.S.C. 1701 et seq.) or the Act of August 28, 1937 

24 (43 U.S.C. 1181a et seq.). 


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1 SEC. 306. LAND RECLASSIFICATION. 

2 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

3 RAILROAD GRANT LAND.—Not later than 180 days after 

4 the date of enactment of this Act, the Secretary of Agri5 culture and the Secretary shall identify any Oregon and 

6 California Railroad grant land that is held in trust by the 

7 United States for the benefit of the Confederated Tribes 

8 under section 303. 

9 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

10 Not later than 18 months after the date of enactment of 

11 this Act, the Secretary shall identify public domain land 

12 in the State of Oregon that— 

13 (1) is approximately equal in acreage and con14 dition as the Oregon and California Railroad grant 

15 land identified under subsection (a); and 

16 (2) is located in the vicinity of the Oregon and 

17 California Railroad grant land. 

18 (c) MAPS.—Not later than 2 years after the date of 

19 enactment of this Act, the Secretary shall submit to Con20 gress and publish in the Federal Register one or more 

21 maps depicting the land identified in subsections (a) and 

22 (b). 

23 (d) RECLASSIFICATION.— 

24 (1) IN GENERAL.—After providing an oppor25 tunity for public comment, the Secretary shall 


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1 reclassify the land identified in subsection (b) as Or2 egon and California Railroad grant land. 

3 (2) APPLICABILITY.—The Act of August 28, 

4 1937 (43 U.S.C. 1181a et seq.), shall apply to land 

5 reclassified as Oregon and California Railroad grant 

6 land under paragraph (1). 

Passed the House of Representatives September 16, 

2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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