I 

115TH CONGRESS 

1ST SESSION H. R. 1306 

To provide for the conveyance of certain Federal land in the State of Oregon, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2017 

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

which was referred to the Committee on Natural Resources 

A BILL 

To provide for the conveyance of certain Federal land in 

the State of 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. Definitions. 

Sec. 102. Land to be held in trust. 

Sec. 103. Map and legal description. 


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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. 

1 TITLE I—COW CREEK UMPQUA 

2 LAND CONVEYANCE 

3 SEC. 101. DEFINITIONS. 

4 In this title: 

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

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

7 of land, as generally depicted on the map entitled 

8 ‘‘Canyon Mountain Land Conveyance’’ and dated 

9 May 24, 2016. 

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

11 Creek Band of Umpqua Tribe of Indians. 

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

13 the Secretary of the Interior. 

14 SEC. 102. LAND TO BE HELD IN TRUST. 

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

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

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

18 any improvements located on the land, appurtenances to 


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

2 gas, shall be— 

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

4 benefit of the Tribe; and 

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

6 (b) SURVEY.—Not later than 2 years after the date 

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

8 survey to establish the boundaries of the land taken into 

9 trust under subsection (a). 

10 (c) EFFECTIVE DATE.—Subsection (a) shall take ef11 fect on the day after the date on which the Secretary 

12 records the agreement entered into under section 

13 104(d)(1). 

14 SEC. 103. MAP AND LEGAL DESCRIPTION. 

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

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

17 map and legal description of the Council Creek land 

18 with— 

19 (1) the Committee on Energy and Natural Re20 sources of the Senate; and 

21 (2) the Committee on Natural Resources of the 

22 House of Representatives. 

23 (b) FORCE AND EFFECT.—The map and legal de24 scription filed under subsection (a) shall have the same 

25 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. 104. 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 102 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 (d) AGREEMENTS.— 

4 (1) MEMORANDUM OF AGREEMENT FOR ADMIN5 ISTRATIVE ACCESS.—Not later than 180 days after 

6 the date of enactment of this Act, the Secretary 

7 shall seek to enter into an agreement with the Tribe 

8 that secures existing administrative access by the 

9 Secretary to the Council Creek land. 

10 (2) RECIPROCAL RIGHT-OF-WAY AGREE11 MENTS.— 

12 (A) IN GENERAL.—On the date on which 

13 the agreement is entered into under paragraph 

14 (1), the Secretary shall provide to the Tribe all 

15 reciprocal right-of-way agreements to the Coun16 cil Creek land in existence as of the date of en17 actment of this Act. 

18 (B) CONTINUED ACCESS.—Beginning on 

19 the date on which the Council Creek land is 

20 taken into trust under section 102, the Tribe 

21 shall continue the access provided by the agree22 ments referred to in subparagraph (A) in per23 petuity. 

24 (e) LAND USE PLANNING REQUIREMENTS.—Except 

25 as provided in subsection (c), once the Council Creek land 


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1 is taken into trust under section 102, the Council Creek 

2 land shall not be subject to the land use planning require3 ments of the Federal Land Policy and Management Act 

4 of 1976 (43 U.S.C. 1701 et seq.) or the Act of August 

5 28, 1937 (43 U.S.C. 1181a et seq.). 

6 SEC. 105. LAND RECLASSIFICATION. 

7 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

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

9 the date of enactment of this Act, the Secretary of Agri10 culture and the Secretary shall identify any Oregon and 

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

12 United States for the benefit of the Tribe under section 

13 102. 

14 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

15 Not later than 2 years after the date of enactment of this 

16 Act, the Secretary shall identify public domain land in the 

17 State of Oregon that— 

18 (1) is approximately equal in acreage and con19 dition as the Oregon and California Railroad grant 

20 land identified under subsection (a); and 

21 (2) is located within the 18 western Oregon and 

22 California Railroad grant land counties (other than 

23 Klamath County, Oregon). 

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

25 enactment of this Act, the Secretary shall submit to ConVerDate Sep 11 2014 18:07 Mar 07, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.IH H1306

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1 gress and publish in the Federal Register one or more 

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

3 (b). 

4 (d) RECLASSIFICATION.— 

5 (1) IN GENERAL.—After providing an oppor6 tunity for public comment, the Secretary shall re7 classify the land identified in subsection (b) as Or8 egon and California Railroad grant land. 

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

10 1937 (43 U.S.C. 1181a et seq.), shall apply to land 

11 reclassified as Oregon and California Railroad grant 

12 land under paragraph (1). 

13 TITLE II—OREGON COASTAL 

14 LAND CONVEYANCE 

15 SEC. 201. DEFINITIONS. 

16 In this title: 

17 (1) CONFEDERATED TRIBES.—The term ‘‘Con18 federated Tribes’’ means the Confederated Tribes of 

19 Coos, Lower Umpqua, and Siuslaw Indians. 

20 (2) OREGON COASTAL LAND.—The term ‘‘Or21 egon Coastal land’’ means the approximately 14,742 

22 acres of land, as generally depicted on the map enti23 tled ‘‘Oregon Coastal Land Conveyance’’ and dated 

24 July 11, 2016. 


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

2 the Secretary of the Interior. 

3 SEC. 202. LAND TO BE HELD IN TRUST. 

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

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

6 United States in and to the Oregon Coastal land, includ7 ing any improvements located on the land, appurtenances 

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

9 and gas, shall be— 

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

11 benefit of the Confederated Tribes; and 

12 (2) part of the reservation of the Confederated 

13 Tribes. 

14 (b) SURVEY.—Not later than 2 years after the date 

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

16 survey to establish the boundaries of the land taken into 

17 trust under subsection (a). 

18 (c) EFFECTIVE DATE.—Subsection (a) shall take ef19 fect on the day after the date on which the Secretary 

20 records the agreement entered into under section 

21 204(d)(1). 

22 SEC. 203. MAP AND LEGAL DESCRIPTION. 

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

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


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1 map and legal description of the Oregon Coastal land 

2 with— 

3 (1) the Committee on Energy and Natural Re4 sources of the Senate; and 

5 (2) the Committee on Natural Resources of the 

6 House of Representatives. 

7 (b) FORCE AND EFFECT.—The map and legal de8 scription filed under subsection (a) shall have the same 

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

10 the Secretary may correct any clerical or typographical er11 rors in the map or legal description. 

12 (c) PUBLIC AVAILABILITY.—The map and legal de13 scription filed under subsection (a) shall be on file and 

14 available for public inspection in the Office of the Sec15 retary. 

16 SEC. 204. ADMINISTRATION. 

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

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

19 Confederated Tribes existing on the date of enactment of 

20 this Act to any land or interest in land. 

21 (b) PROHIBITIONS.— 

22 (1) EXPORTS OF UNPROCESSED LOGS.—Fed23 eral law (including regulations) relating to the ex24 port of unprocessed logs harvested from Federal 

25 land shall apply to any unprocessed logs that are 


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1 harvested from the Oregon Coastal land taken into 

2 trust under section 202. 

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

4 property taken into trust under section 202 shall not 

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

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

7 seq.). 

8 (c) FOREST MANAGEMENT.—Any forest management 

9 activity that is carried out on the Oregon Coastal land 

10 shall be managed in accordance with all applicable Federal 

11 laws. 

12 (d) AGREEMENTS.— 

13 (1) MEMORANDUM OF AGREEMENT FOR ADMIN14 ISTRATIVE ACCESS.—Not later than 180 days after 

15 the date of enactment of this Act, the Secretary 

16 shall seek to enter into an agreement with the Con17 federated Tribes that secures existing administrative 

18 access by the Secretary to the Oregon Coastal land 

19 and that provides for— 

20 (A) access for certain activities, includ21 ing— 

22 (i) forest management; 

23 (ii) timber and rock haul; 

24 (iii) road maintenance; 


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1 (iv) wildland fire protection and man2 agement; 

3 (v) cadastral surveys; 

4 (vi) wildlife, cultural, and other sur5 veys; and 

6 (vii) law enforcement activities; 

7 (B) the management of the Oregon Coastal 

8 land that is acquired or developed under chap9 ter 2003 of title 54, United States Code, con10 sistent with section 200305(f)(3) of that title; 

11 and 

12 (C) the terms of public vehicular transit 

13 across the Oregon Coastal land to and from the 

14 Hult Log Storage Reservoir located in T. 15 S., 

15 R. 7 W., as generally depicted on the map de16 scribed in section 201(2), subject to the re17 quirement that if the Bureau of Land Manage18 ment discontinues maintenance of the public 

19 recreation site known as ‘‘Hult Reservoir’’, the 

20 terms of any agreement in effect on that date 

21 that provides for public vehicular transit to and 

22 from the Hult Log Storage Reservoir shall be 

23 void. 

24 (2) RECIPROCAL RIGHT-OF-WAY AGREE25 MENTS.— 


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1 (A) IN GENERAL.—On the date on which 

2 the agreement is entered into under paragraph 

3 (1), the Secretary shall provide to the Confed4 erated Tribes all reciprocal right-of-way agree5 ments to the Oregon Coastal land in existence 

6 on the date of enactment of this Act. 

7 (B) CONTINUED ACCESS.—Beginning on 

8 the date on which the Oregon Coastal land is 

9 taken into trust under section 202, the Confed10 erated Tribes shall continue the access provided 

11 by the reciprocal right-of-way agreements re12 ferred to in subparagraph (A) in perpetuity. 

13 (e) LAND USE PLANNING REQUIREMENTS.—Except 

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

15 land is taken into trust under section 202, the Oregon 

16 Coastal land shall not be subject to the land use planning 

17 requirements of the Federal Land Policy and Management 

18 Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of August 

19 28, 1937 (43 U.S.C. 1181a et seq.). 

20 SEC. 205. LAND RECLASSIFICATION. 

21 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

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

23 the date of enactment of this Act, the Secretary of Agri24 culture and the Secretary shall identify any Oregon and 

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


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1 United States for the benefit of the Confederated Tribes 

2 under section 202. 

3 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

4 Not later than 2 years after the date of enactment of this 

5 Act, the Secretary shall identify public domain land in the 

6 State of Oregon that— 

7 (1) is approximately equal in acreage and con8 dition as the Oregon and California Railroad grant 

9 land identified under subsection (a); and 

10 (2) is located within the 18 western Oregon and 

11 California Railroad grant land counties (other than 

12 Klamath County, Oregon). 

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

14 enactment of this Act, the Secretary shall submit to Con15 gress and publish in the Federal Register one or more 

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

17 (b). 

18 (d) RECLASSIFICATION.— 

19 (1) IN GENERAL.—After providing an oppor20 tunity for public comment, the Secretary shall re21 classify the land identified in subsection (b) as Or22 egon and California Railroad grant land. 

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

24 1937 (43 U.S.C. 1181a et seq.), shall apply to land 


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1 reclassified as Oregon and California Railroad grant 

2 land under paragraph (1). 

3 TITLE III—AMENDMENTS TO 

4 COQUILLE RESTORATION ACT 

5 SEC. 301. AMENDMENTS TO COQUILLE RESTORATION ACT. 

6 Section 5(d) of the Coquille Restoration Act (Public 

7 Law 101–42; 103 Stat. 92, 110 Stat. 3009–537) is 

8 amended— 

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

10 following: 

11 ‘‘(5) MANAGEMENT.— 

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), the Secretary, acting through the 

14 Assistant Secretary for Indian Affairs, shall 

15 manage the Coquille Forest in accordance with 

16 the laws pertaining to the management of In17 dian trust land. 

18 ‘‘(B) ADMINISTRATION.— 

19 ‘‘(i) UNPROCESSED LOGS.—Unproc20 essed logs harvested from the Coquille For21 est shall be subject to the same Federal 

22 statutory restrictions on export to foreign 

23 nations that apply to unprocessed logs har24 vested from Federal land. 


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1 ‘‘(ii) SALES OF TIMBER.—Notwith2 standing any other provision of law, all 

3 sales of timber from land subject to this 

4 subsection shall be advertised, offered, and 

5 awarded according to competitive bidding 

6 practices, with sales being awarded to the 

7 highest responsible bidder.’’; 

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

9 (3) by redesignating paragraphs (10) through 

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

Æ 


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