H. R. 1306 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and seventeen 

An Act 

To provide for the conveyance of certain Federal land in the State of 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. Definitions. 

Sec. 102. Land to be held in trust. 

Sec. 103. Map and legal description. 

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. 

TITLE I—COW CREEK UMPQUA LAND 

CONVEYANCE 

SEC. 101. 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 May 24, 2016. 

(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. 102. LAND TO BE HELD IN TRUST. 

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

rights-of-way, all right, title, and interest of the United States 
H. R. 1306—2 

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 2 years after the date of enactment 

of this Act, the Secretary shall complete a survey to establish 

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

(c) EFFECTIVE DATE.—Subsection (a) shall take effect on the 

day after the date on which the Secretary records the agreement 

entered into under section 104(d)(1). 

SEC. 103. 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. 104. 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 102 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. 

(d) AGREEMENTS.— (1) MEMORANDUM OF AGREEMENT FOR ADMINISTRATIVE

ACCESS.—Not later than 180 days after the date of enactment 

of this Act, the Secretary shall seek to enter into an agreement 

with the Tribe that secures existing administrative access by 

the Secretary to the Council Creek land. 

(2) RECIPROCAL RIGHT-OF-WAY AGREEMENTS.— 

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

is entered into under paragraph (1), the Secretary shall 

provide to the Tribe all reciprocal right-of-way agreements 

to the Council Creek land in existence as of the date 

of enactment of this Act. 
H. R. 1306—3 

(B) CONTINUED ACCESS.—Beginning on the date on 

which the Council Creek land is taken into trust under 

section 102, the Tribe shall continue the access provided 

by the agreements referred to in subparagraph (A) in perpetuity. 

(e) LAND USE PLANNING REQUIREMENTS.—Except as provided 

in subsection (c), once the Council Creek land is taken into trust 

under section 102, the Council Creek 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. 105. 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 102. 

(b) IDENTIFICATION OF PUBLIC DOMAIN LAND.—Not later than 

2 years 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 within the 18 western Oregon and California 

Railroad grant land counties (other than Klamath County, 

Oregon). 

(c) MAPS.—Not later than 3 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—OREGON COASTAL LAND 

CONVEYANCE 

SEC. 201. 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 14,742 acres of land, as generally depicted on the map entitled ‘‘Oregon Coastal Land 

Conveyance’’ and dated July 11, 2016. 

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

of the Interior. 
H. R. 1306—4 

SEC. 202. LAND TO BE HELD IN TRUST. 

(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 2 years after the date of enactment 

of this Act, the Secretary shall complete a survey to establish 

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

(c) EFFECTIVE DATE.—Subsection (a) shall take effect on the 

day after the date on which the Secretary records the agreement 

entered into under section 204(d)(1). 

SEC. 203. 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. 204. 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 202. 

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

taken into trust under section 202 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 Oregon Coastal land shall be managed 

in accordance with all applicable Federal laws. 

(d) AGREEMENTS.— 

(1) MEMORANDUM OF AGREEMENT FOR ADMINISTRATIVE

ACCESS.—Not later than 180 days after the date of enactment 

of this Act, the Secretary shall seek to enter into an agreement 

with the Confederated Tribes that secures existing administrative access by the Secretary to the Oregon Coastal land and 

that provides for— 
H. R. 1306—5 

(A) access for certain activities, including— 

(i) forest management; 

(ii) timber and rock haul; 

(iii) road maintenance; 

(iv) wildland fire protection and management; 

(v) cadastral surveys; 

(vi) wildlife, cultural, and other surveys; and 

(vii) law enforcement activities; 

(B) the management of the Oregon Coastal land that 

is acquired or developed under chapter 2003 of title 54, 

United States Code, consistent with section 200305(f)(3) 

of that title; and 

(C) the terms of public vehicular transit across the 

Oregon Coastal land to and from the Hult Log Storage 

Reservoir located in T. 15 S., R. 7 W., as generally depicted 

on the map described in section 201(2), subject to the 

requirement that if the Bureau of Land Management discontinues maintenance of the public recreation site known 

as ‘‘Hult Reservoir’’, the terms of any agreement in effect 

on that date that provides for public vehicular transit to 

and from the Hult Log Storage Reservoir shall be void. 

(2) RECIPROCAL RIGHT-OF-WAY AGREEMENTS.— 

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

is entered into under paragraph (1), the Secretary shall 

provide to the Confederated Tribes all reciprocal rightof-way agreements to the Oregon Coastal land in existence 

on the date of enactment of this Act. 

(B) CONTINUED ACCESS.—Beginning on the date on 

which the Oregon Coastal land is taken into trust under 

section 202, the Confederated Tribes shall continue the 

access provided by the reciprocal right-of-way agreements 

referred to in subparagraph (A) in perpetuity. 

(e) LAND USE PLANNING REQUIREMENTS.—Except as provided 

in subsection (c), once the Oregon Coastal land is taken into trust 

under section 202, the Oregon Coastal 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. 205. 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 202. 

(b) IDENTIFICATION OF PUBLIC DOMAIN LAND.—Not later than 

2 years 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 within the 18 western Oregon and California 

Railroad grant land counties (other than Klamath County, 

Oregon). 

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

of this Act, the Secretary shall submit to Congress and publish 
H. R. 1306—6 

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 III—AMENDMENTS TO COQUILLE 

RESTORATION ACT 

SEC. 301. AMENDMENTS TO COQUILLE RESTORATION ACT. 

Section 5(d) of the Coquille Restoration Act (Public Law 101– 

42; 103 Stat. 92, 110 Stat. 3009–537) 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 
H. R. 1306—7 

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

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.