I 

114TH CONGRESS 

1ST SESSION H. R. 2791 

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 

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. 

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. 


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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. 

1 TITLE I—COW CREEK UMPQUA 

2 LAND CONVEYANCE 

3 SEC. 101. SHORT TITLE. 

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

5 Land Conveyance Act’’. 

6 SEC. 102. DEFINITIONS. 

7 In this title: 

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

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

10 of land, as generally depicted on the map entitled 

11 ‘‘Canyon Mountain Land Conveyance’’ and dated 

12 June 27, 2013. 

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

14 Creek Band of Umpqua Tribe of Indians. 

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

16 the Secretary of the Interior. 


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1 SEC. 103. CONVEYANCE. 

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

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

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

5 any improvements located on the land, appurtenances to 

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

7 gas, shall be— 

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

9 benefit of the Tribe; and 

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

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

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

13 survey of the boundary lines to establish the boundaries 

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

15 SEC. 104. MAP AND LEGAL DESCRIPTION. 

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

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

18 map and legal description of the Council Creek land 

19 with— 

20 (1) the Committee on Energy and Natural Re21 sources of the Senate; and 

22 (2) the Committee on Natural Resources of the 

23 House of Representatives. 

24 (b) FORCE AND EFFECT.—The map and legal de25 scription filed under subsection (a) shall have the same 

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


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1 the Secretary may correct any clerical or typographical er2 rors in the map or legal description. 

3 (c) PUBLIC AVAILABILITY.—The map and legal de4 scription filed under subsection (a) shall be on file and 

5 available for public inspection in the Office of the Sec6 retary. 

7 SEC. 105. ADMINISTRATION. 

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

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

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

11 land or interest in land. 

12 (b) PROHIBITIONS.— 

13 (1) EXPORTS OF UNPROCESSED LOGS.—Fed14 eral law (including regulations) relating to the ex15 port of unprocessed logs harvested from Federal 

16 land shall apply to any unprocessed logs that are 

17 harvested from the Council Creek land. 

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

19 property taken into trust under section 103 shall not 

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

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

22 seq.). 

23 (c) FOREST MANAGEMENT.—Any forest management 

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


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1 be managed in accordance with all applicable Federal 

2 laws. 

3 SEC. 106. LAND RECLASSIFICATION. 

4 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

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

6 the date of enactment of this Act, the Secretary of Agri7 culture and the Secretary shall identify any Oregon and 

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

9 United States for the benefit of the Tribe under section 

10 103. 

11 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

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

13 this Act, the Secretary shall identify public domain land 

14 in the State of Oregon that— 

15 (1) is approximately equal in acreage and con16 dition as the Oregon and California Railroad grant 

17 land identified under subsection (a); and 

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

19 California Railroad grant land. 

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

21 enactment of this Act, the Secretary shall submit to Con22 gress and publish in the Federal Register one or more 

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

24 (b). 

25 (d) RECLASSIFICATION.— 


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1 (1) IN GENERAL.—After providing an oppor2 tunity for public comment, the Secretary shall re3 classify the land identified in subsection (b) as Or4 egon and California Railroad grant land. 

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

6 1937 (43 U.S.C. 1181a et seq.), shall apply to land 

7 reclassified as Oregon and California Railroad grant 

8 land under paragraph (1). 

9 TITLE II—COQUILLE FOREST 

10 FAIRNESS 

11 SEC. 201. SHORT TITLE. 

12 This title may be cited as the ‘‘Coquille Forest Fair13 ness Act’’. 

14 SEC. 202. AMENDMENTS TO COQUILLE RESTORATION ACT. 

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

16 U.S.C. 715c(d)) is amended— 

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

18 following: 

19 ‘‘(5) MANAGEMENT.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the Secretary, acting through the 

22 Assistant Secretary for Indian Affairs, shall 

23 manage the Coquille Forest in accordance with 

24 the laws pertaining to the management of In25 dian trust land. 


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1 ‘‘(B) ADMINISTRATION.— 

2 ‘‘(i) UNPROCESSED LOGS.—Unproc3 essed logs harvested from the Coquille For4 est shall be subject to the same Federal 

5 statutory restrictions on export to foreign 

6 nations that apply to unprocessed logs har7 vested from Federal land. 

8 ‘‘(ii) SALES OF TIMBER.—Notwith9 standing any other provision of law, all 

10 sales of timber from land subject to this 

11 subsection shall be advertised, offered, and 

12 awarded according to competitive bidding 

13 practices, with sales being awarded to the 

14 highest responsible bidder.’’; 

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

16 (3) by redesignating paragraphs (10) through 

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

18 TITLE III—OREGON COASTAL 

19 LANDS 

20 SEC. 301. SHORT TITLE. 

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

22 Act’’. 

23 SEC. 302. DEFINITIONS. 

24 In this title: 


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1 (1) CONFEDERATED TRIBES.—The term ‘‘Con2 federated Tribes’’ means the Confederated Tribes of 

3 Coos, Lower Umpqua, and Siuslaw Indians. 

4 (2) OREGON COASTAL LAND.—The term ‘‘Or5 egon Coastal land’’ means the approximately 14,408 

6 acres of land, as generally depicted on the map enti7 tled ‘‘Oregon Coastal Land Conveyance’’ and dated 

8 March 27, 2013. 

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

10 the Secretary of the Interior. 

11 SEC. 303. CONVEYANCE. 

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

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

14 United States in and to the Oregon Coastal land, includ15 ing any improvements located on the land, appurtenances 

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

17 and gas, shall be— 

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

19 benefit of the Confederated Tribes; and 

20 (2) part of the reservation of the Confederated 

21 Tribes. 

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

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

24 survey of the boundary lines to establish the boundaries 

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


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1 SEC. 304. 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 Oregon Coastal 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. 305. ADMINISTRATION. 

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

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

22 Confederated Tribes existing on the date of enactment of 

23 this Act to any 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 05:07 Jun 19, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2791.IH 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 Oregon Coastal land taken into 

4 trust under section 303. 

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

6 property taken into trust under section 303 shall not 

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

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

9 seq.). 

10 (c) LAWS APPLICABLE TO COMMERCIAL FORESTRY

11 ACTIVITY.—Any commercial forestry activity that is car12 ried out on the Oregon Coastal land taken into trust under 

13 section 303 shall be managed in accordance with all appli14 cable Federal laws. 

15 (d) AGREEMENTS.—The Confederated Tribes shall 

16 consult with the Secretary and other parties as necessary 

17 to develop agreements to provide for access to the Oregon 

18 Coastal land taken into trust under section 303 that pro19 vide for— 

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

21 agreements; 

22 (2) administrative access by the Bureau of 

23 Land Management; and 

24 (3) management of the Oregon Coastal lands 

25 that are acquired or developed under chapter 2003 


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

2 the ‘‘Land and Water Conservation Fund Act of 

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

4 title. 

5 (e) LAND USE PLANNING REQUIREMENTS.—Except 

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

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

8 not be subject to the land use planning requirements of 

9 the Federal Land Policy and Management Act of 1976 

10 (43 U.S.C. 1701 et seq.) or the Act of August 28, 1937 

11 (43 U.S.C. 1181a et seq.). 

12 SEC. 306. LAND RECLASSIFICATION. 

13 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

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

15 the date of enactment of this Act, the Secretary of Agri16 culture and the Secretary shall identify any Oregon and 

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

18 United States for the benefit of the Confederated Tribes 

19 under section 303. 

20 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

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

22 this Act, the Secretary shall identify public domain land 

23 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). 

Æ 


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