II 

115TH CONGRESS 

1ST SESSION H. R. 1306 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2017 

Received 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Western Oregon Tribal Fairness Act’’. 

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

5 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. 

6 TITLE I—COW CREEK UMPQUA 

7 LAND CONVEYANCE 

8 SEC. 101. DEFINITIONS. 

9 In this title: 

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

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

12 of land, as generally depicted on the map entitled 

13 ‘‘Canyon Mountain Land Conveyance’’ and dated 

14 May 24, 2016. 

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

16 Creek Band of Umpqua Tribe of Indians. 


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

2 the Secretary of the Interior. 

3 SEC. 102. 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 Council Creek land, including 

7 any improvements located on the land, appurtenances to 

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

9 gas, shall be— 

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

11 benefit of the Tribe; and 

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

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

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

15 survey to establish the boundaries of the land taken into 

16 trust under subsection (a). 

17 (c) EFFECTIVE DATE.—Subsection (a) shall take ef18 fect on the day after the date on which the Secretary 

19 records the agreement entered into under section 

20 104(d)(1). 

21 SEC. 103. MAP AND LEGAL DESCRIPTION. 

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

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

24 map and legal description of the Council Creek land 

25 with— 


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1 (1) the Committee on Energy and Natural Re2 sources of the Senate; and 

3 (2) the Committee on Natural Resources of the 

4 House of Representatives. 

5 (b) FORCE AND EFFECT.—The map and legal de6 scription filed under subsection (a) shall have the same 

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

8 the Secretary may correct any clerical or typographical er9 rors in the map or legal description. 

10 (c) PUBLIC AVAILABILITY.—The map and legal de11 scription filed under subsection (a) shall be on file and 

12 available for public inspection in the Office of the Sec13 retary. 

14 SEC. 104. ADMINISTRATION. 

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

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

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

18 land or interest in land. 

19 (b) PROHIBITIONS.— 

20 (1) EXPORTS OF UNPROCESSED LOGS.—Fed21 eral law (including regulations) relating to the ex22 port of unprocessed logs harvested from Federal 

23 land shall apply to any unprocessed logs that are 

24 harvested from the Council Creek land. 


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

2 property taken into trust under section 102 shall not 

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

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

5 seq.). 

6 (c) FOREST MANAGEMENT.—Any forest management 

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

8 be managed in accordance with all applicable Federal 

9 laws. 

10 (d) AGREEMENTS.— 

11 (1) MEMORANDUM OF AGREEMENT FOR ADMIN12 ISTRATIVE ACCESS.—Not later than 180 days after 

13 the date of enactment of this Act, the Secretary 

14 shall seek to enter into an agreement with the Tribe 

15 that secures existing administrative access by the 

16 Secretary to the Council Creek land. 

17 (2) RECIPROCAL RIGHT-OF-WAY AGREE18 MENTS.— 

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

20 the agreement is entered into under paragraph 

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

22 reciprocal right-of-way agreements to the Coun23 cil Creek land in existence as of the date of en24 actment of this Act. 


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1 (B) CONTINUED ACCESS.—Beginning on 

2 the date on which the Council Creek land is 

3 taken into trust under section 102, the Tribe 

4 shall continue the access provided by the agree5 ments referred to in subparagraph (A) in per6 petuity. 

7 (e) LAND USE PLANNING REQUIREMENTS.—Except 

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

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

10 land shall not be subject to the land use planning require11 ments of the Federal Land Policy and Management Act 

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

13 28, 1937 (43 U.S.C. 1181a et seq.). 

14 SEC. 105. LAND RECLASSIFICATION. 

15 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

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

17 the date of enactment of this Act, the Secretary of Agri18 culture and the Secretary shall identify any Oregon and 

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

20 United States for the benefit of the Tribe under section 

21 102. 

22 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

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

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

25 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 within the 18 western Oregon and 

5 California Railroad grant land counties (other than 

6 Klamath County, Oregon). 

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

8 enactment of this Act, the Secretary shall submit to Con9 gress and publish in the Federal Register one or more 

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

11 (b). 

12 (d) RECLASSIFICATION.— 

13 (1) IN GENERAL.—After providing an oppor14 tunity for public comment, the Secretary shall re15 classify the land identified in subsection (b) as Or16 egon and California Railroad grant land. 

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

18 1937 (43 U.S.C. 1181a et seq.), shall apply to land 

19 reclassified as Oregon and California Railroad grant 

20 land under paragraph (1). 

21 TITLE II—OREGON COASTAL 

22 LAND CONVEYANCE 

23 SEC. 201. 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 14,742 

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

8 July 11, 2016. 

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

10 the Secretary of the Interior. 

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

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 2 years after the date 

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

24 survey to establish the boundaries of the land taken into 

25 trust under subsection (a). 


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1 (c) EFFECTIVE DATE.—Subsection (a) shall take ef2 fect on the day after the date on which the Secretary 

3 records the agreement entered into under section 

4 204(d)(1). 

5 SEC. 203. MAP AND LEGAL DESCRIPTION. 

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

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

8 map and legal description of the Oregon Coastal land 

9 with— 

10 (1) the Committee on Energy and Natural Re11 sources of the Senate; and 

12 (2) the Committee on Natural Resources of the 

13 House of Representatives. 

14 (b) FORCE AND EFFECT.—The map and legal de15 scription filed under subsection (a) shall have the same 

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

17 the Secretary may correct any clerical or typographical er18 rors in the map or legal description. 

19 (c) PUBLIC AVAILABILITY.—The map and legal de20 scription filed under subsection (a) shall be on file and 

21 available for public inspection in the Office of the Sec22 retary. 

23 SEC. 204. ADMINISTRATION. 

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

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


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1 Confederated Tribes existing on the date of enactment of 

2 this Act to any land or interest in land. 

3 (b) PROHIBITIONS.— 

4 (1) EXPORTS OF UNPROCESSED LOGS.—Fed5 eral law (including regulations) relating to the ex6 port of unprocessed logs harvested from Federal 

7 land shall apply to any unprocessed logs that are 

8 harvested from the Oregon Coastal land taken into 

9 trust under section 202. 

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

11 property taken into trust under section 202 shall not 

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

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

14 seq.). 

15 (c) FOREST MANAGEMENT.—Any forest management 

16 activity that is carried out on the Oregon Coastal land 

17 shall be managed in accordance with all applicable Federal 

18 laws. 

19 (d) AGREEMENTS.— 

20 (1) MEMORANDUM OF AGREEMENT FOR ADMIN21 ISTRATIVE ACCESS.—Not later than 180 days after 

22 the date of enactment of this Act, the Secretary 

23 shall seek to enter into an agreement with the Con24 federated Tribes that secures existing administrative 


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1 access by the Secretary to the Oregon Coastal land 

2 and that provides for— 

3 (A) access for certain activities, includ4 ing— 

5 (i) forest management; 

6 (ii) timber and rock haul; 

7 (iii) road maintenance; 

8 (iv) wildland fire protection and man9 agement; 

10 (v) cadastral surveys; 

11 (vi) wildlife, cultural, and other sur12 veys; and 

13 (vii) law enforcement activities; 

14 (B) the management of the Oregon Coastal 

15 land that is acquired or developed under chap16 ter 2003 of title 54, United States Code, con17 sistent with section 200305(f)(3) of that title; 

18 and 

19 (C) the terms of public vehicular transit 

20 across the Oregon Coastal land to and from the 

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

22 R. 7 W., as generally depicted on the map de23 scribed in section 201(2), subject to the re24 quirement that if the Bureau of Land Manage25 ment discontinues maintenance of the public 


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

2 terms of any agreement in effect on that date 

3 that provides for public vehicular transit to and 

4 from the Hult Log Storage Reservoir shall be 

5 void. 

6 (2) RECIPROCAL RIGHT-OF-WAY AGREE7 MENTS.— 

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

9 the agreement is entered into under paragraph 

10 (1), the Secretary shall provide to the Confed11 erated Tribes all reciprocal right-of-way agree12 ments to the Oregon Coastal land in existence 

13 on the date of enactment of this Act. 

14 (B) CONTINUED ACCESS.—Beginning on 

15 the date on which the Oregon Coastal land is 

16 taken into trust under section 202, the Confed17 erated Tribes shall continue the access provided 

18 by the reciprocal right-of-way agreements re19 ferred to in subparagraph (A) in perpetuity. 

20 (e) LAND USE PLANNING REQUIREMENTS.—Except 

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

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

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

24 requirements of the Federal Land Policy and Management 


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

2 28, 1937 (43 U.S.C. 1181a et seq.). 

3 SEC. 205. 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 Confederated Tribes 

10 under section 202. 

11 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

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

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

14 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 within the 18 western Oregon and 

19 California Railroad grant land counties (other than 

20 Klamath County, Oregon). 

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

22 enactment of this Act, the Secretary shall submit to Con23 gress and publish in the Federal Register one or more 

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

25 (b). 


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1 (d) RECLASSIFICATION.— 

2 (1) IN GENERAL.—After providing an oppor3 tunity for public comment, the Secretary shall re4 classify the land identified in subsection (b) as Or5 egon and California Railroad grant land. 

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

7 1937 (43 U.S.C. 1181a et seq.), shall apply to land 

8 reclassified as Oregon and California Railroad grant 

9 land under paragraph (1). 

10 TITLE III—AMENDMENTS TO 

11 COQUILLE RESTORATION ACT 

12 SEC. 301. AMENDMENTS TO COQUILLE RESTORATION ACT. 

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

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

15 amended— 

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

17 following: 

18 ‘‘(5) MANAGEMENT.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), the Secretary, acting through the 

21 Assistant Secretary for Indian Affairs, shall 

22 manage the Coquille Forest in accordance with 

23 the laws pertaining to the management of In24 dian trust land. 

25 ‘‘(B) ADMINISTRATION.— 


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1 ‘‘(i) UNPROCESSED LOGS.—Unproc2 essed logs harvested from the Coquille For3 est shall be subject to the same Federal 

4 statutory restrictions on export to foreign 

5 nations that apply to unprocessed logs har6 vested from Federal land. 

7 ‘‘(ii) SALES OF TIMBER.—Notwith8 standing any other provision of law, all 

9 sales of timber from land subject to this 

10 subsection shall be advertised, offered, and 

11 awarded according to competitive bidding 

12 practices, with sales being awarded to the 

13 highest responsible bidder.’’; 

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

15 (3) by redesignating paragraphs (10) through 

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

Passed the House of Representatives July 11, 2017. 

Attest: KAREN L. HAAS, 

Clerk. 


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