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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2791 Reported in House (RH)]

                                                 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

_______________________________________________________________________

                                 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.

 

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

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. 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.

               TITLE I--COW CREEK UMPQUA LAND CONVEYANCE

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Cow Creek Umpqua Land Conveyance 
Act''.

SEC. 102. 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 June 27, 2013.
            (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. 103. CONVEYANCE.

    (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 1 year after the date of enactment of 
this Act, the Secretary shall complete a survey of the boundary lines 
to establish the boundaries of the land taken into trust under 
subsection (a).

SEC. 104. 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. 105. 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 103 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.

SEC. 106. 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 103.
    (b) Identification of Public Domain Land.--Not later than 18 months 
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 in the vicinity of the Oregon and California 
        Railroad grant land.
    (c) Maps.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to Congress and publish in the 
Federal Register one 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--COQUILLE FOREST FAIRNESS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Coquille Forest Fairness Act''.

SEC. 202. 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.

                    TITLE III--OREGON COASTAL LANDS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Oregon Coastal Lands Act''.

SEC. 302. 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 14,408 acres of land, as generally 
        depicted on the map entitled ``Oregon Coastal Land Conveyance'' 
        and dated March 27, 2013.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 303. CONVEYANCE.

    (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 1 year after the date of enactment of 
this Act, the Secretary shall complete a survey of the boundary lines 
to establish the boundaries of the land taken into trust under 
subsection (a).

SEC. 304. 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. 305. 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 303.
            (2) Non-permissible use of land.--Any real property taken 
        into trust under section 303 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) Laws Applicable to Commercial Forestry Activity.--Any 
commercial forestry activity that is carried out on the Oregon Coastal 
land taken into trust under section 303 shall be managed in accordance 
with all applicable Federal laws.
    (d) Agreements.--The Confederated Tribes shall consult with the 
Secretary and other parties as necessary to develop agreements to 
provide for access to the Oregon Coastal land taken into trust under 
section 303 that provide for--
            (1) honoring existing reciprocal right-of-way agreements;
            (2) administrative access by the Bureau of Land Management; 
        and
            (3) management of the Oregon Coastal lands that are 
        acquired or developed under chapter 2003 of title 54, United 
        States Code (commonly known as the ``Land and Water 
        Conservation Fund Act of 1965''), consistent with section 
        200305(f)(3) of that title.
    (e) Land Use Planning Requirements.--Except as provided in 
subsection (c), once the Oregon Coastal land is taken into trust under 
section 303, the 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. 306. 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 303.
    (b) Identification of Public Domain Land.--Not later than 18 months 
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 in the vicinity of the Oregon and California 
        Railroad grant land.
    (c) Maps.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to Congress and publish in the 
Federal Register one 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).
                                                 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 trust by the United 
  States for the benefit of certain Indian tribes in Oregon, and for 
                            other purposes.

_______________________________________________________________________

                           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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