IB 

Union Calendar No. 193 

114TH CONGRESS 

1ST SESSION H. R. 2791 

[Report No. 114–254] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2015 

Mr. DEFAZIO (for himself and Mr. WALDEN) introduced the following bill; 

which was referred to the Committee on Natural Resources 

SEPTEMBER 8, 2015 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

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. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Western Oregon Tribal Fairness Act’’. 

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

7 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. 

8 TITLE I—COW CREEK UMPQUA 

9 LAND CONVEYANCE 

10 SEC. 101. SHORT TITLE. 

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

12 Land Conveyance Act’’. 

13 SEC. 102. DEFINITIONS. 

14 In this title: 


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

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

3 of land, as generally depicted on the map entitled 

4 ‘‘Canyon Mountain Land Conveyance’’ and dated 

5 June 27, 2013. 

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

7 Creek Band of Umpqua Tribe of Indians. 

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

9 the Secretary of the Interior. 

10 SEC. 103. CONVEYANCE. 

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

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

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

14 any improvements located on the land, appurtenances to 

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

16 gas, shall be— 

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

18 benefit of the Tribe; and 

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

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

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

22 survey of the boundary lines to establish the boundaries 

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


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1 SEC. 104. MAP AND LEGAL DESCRIPTION. 

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

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

4 map and legal description of the Council Creek land 

5 with— 

6 (1) the Committee on Energy and Natural Re7 sources of the Senate; and 

8 (2) the Committee on Natural Resources of the 

9 House of Representatives. 

10 (b) FORCE AND EFFECT.—The map and legal de11 scription filed under subsection (a) shall have the same 

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

13 the Secretary may correct any clerical or typographical er14 rors in the map or legal description. 

15 (c) PUBLIC AVAILABILITY.—The map and legal de16 scription filed under subsection (a) shall be on file and 

17 available for public inspection in the Office of the Sec18 retary. 

19 SEC. 105. ADMINISTRATION. 

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

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

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

23 land or interest in land. 

24 (b) PROHIBITIONS.— 

25 (1) EXPORTS OF UNPROCESSED LOGS.—Fed26 eral law (including regulations) relating to the exVerDate Sep 11 2014 00:23 Sep 09, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2791.RH H2791

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1 port of unprocessed logs harvested from Federal 

2 land shall apply to any unprocessed logs that are 

3 harvested from the Council Creek land. 

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

5 property taken into trust under section 103 shall not 

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

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

8 seq.). 

9 (c) FOREST MANAGEMENT.—Any forest management 

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

11 be managed in accordance with all applicable Federal 

12 laws. 

13 SEC. 106. LAND RECLASSIFICATION. 

14 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

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

16 the date of enactment of this Act, the Secretary of Agri17 culture and the Secretary shall identify any Oregon and 

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

19 United States for the benefit of the Tribe under section 

20 103. 

21 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

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

23 this Act, the Secretary shall identify public domain land 

24 in the State of Oregon that— 


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1 (1) is approximately equal in acreage and con2 dition as the Oregon and California Railroad grant 

3 land identified under subsection (a); and 

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

5 California Railroad grant land. 

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

7 enactment of this Act, the Secretary shall submit to Con8 gress and publish in the Federal Register one or more 

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

10 (b). 

11 (d) RECLASSIFICATION.— 

12 (1) IN GENERAL.—After providing an oppor13 tunity for public comment, the Secretary shall re14 classify the land identified in subsection (b) as Or15 egon and California Railroad grant land. 

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

17 1937 (43 U.S.C. 1181a et seq.), shall apply to land 

18 reclassified as Oregon and California Railroad grant 

19 land under paragraph (1). 

20 TITLE II—COQUILLE FOREST 

21 FAIRNESS 

22 SEC. 201. SHORT TITLE. 

23 This title may be cited as the ‘‘Coquille Forest Fair24 ness Act’’. 


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1 SEC. 202. AMENDMENTS TO COQUILLE RESTORATION ACT. 

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

3 U.S.C. 715c(d)) is amended— 

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

5 following: 

6 ‘‘(5) MANAGEMENT.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), the Secretary, acting through the 

9 Assistant Secretary for Indian Affairs, shall 

10 manage the Coquille Forest in accordance with 

11 the laws pertaining to the management of In12 dian trust land. 

13 ‘‘(B) ADMINISTRATION.— 

14 ‘‘(i) UNPROCESSED LOGS.—Unproc15 essed logs harvested from the Coquille For16 est shall be subject to the same Federal 

17 statutory restrictions on export to foreign 

18 nations that apply to unprocessed logs har19 vested from Federal land. 

20 ‘‘(ii) SALES OF TIMBER.—Notwith21 standing any other provision of law, all 

22 sales of timber from land subject to this 

23 subsection shall be advertised, offered, and 

24 awarded according to competitive bidding 

25 practices, with sales being awarded to the 

26 highest responsible bidder.’’; 


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

2 (3) by redesignating paragraphs (10) through 

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

4 TITLE III—OREGON COASTAL 

5 LANDS 

6 SEC. 301. SHORT TITLE. 

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

8 Act’’. 

9 SEC. 302. DEFINITIONS. 

10 In this title: 

11 (1) CONFEDERATED TRIBES.—The term ‘‘Con12 federated Tribes’’ means the Confederated Tribes of 

13 Coos, Lower Umpqua, and Siuslaw Indians. 

14 (2) OREGON COASTAL LAND.—The term ‘‘Or15 egon Coastal land’’ means the approximately 14,408 

16 acres of land, as generally depicted on the map enti17 tled ‘‘Oregon Coastal Land Conveyance’’ and dated 

18 March 27, 2013. 

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

20 the Secretary of the Interior. 

21 SEC. 303. CONVEYANCE. 

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

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

24 United States in and to the Oregon Coastal land, includ25 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 reVerDate Sep 11 2014 00:23 Sep 09, 2015 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2791.RH H2791

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1 classify 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). 


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Union Calendar No. 193 

114TH CONGRESS 

1ST SESSION H. R. 2791 

[Report No. 114–254] 

A BILL 

To require that certain Federal lands be held in 

poses. tain Indian tribes in Oregon, and for other purtrust by the United States for the benefit of cerSEPTEMBER 8, 2015 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


smartinez on DSK4TPTVN1PROD with BILLS