IB 

Union Calendar No. 141 

115TH CONGRESS 

1ST SESSION H. R. 1306 

[Report No. 115–204] 

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 

JULY 11, 2017 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To provide for the conveyance of certain Federal land in 

the State of Oregon, and for other purposes. 


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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. 

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. 

8 TITLE I—COW CREEK UMPQUA 

9 LAND CONVEYANCE 

10 SEC. 101. DEFINITIONS. 

11 In this title: 

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

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

14 of land, as generally depicted on the map entitled 

15 ‘‘Canyon Mountain Land Conveyance’’ and dated 

16 May 24, 2016. 


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

2 Creek Band of Umpqua Tribe of Indians. 

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

4 the Secretary of the Interior. 

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

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

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

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

9 any improvements located on the land, appurtenances to 

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

11 gas, shall be— 

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

13 benefit of the Tribe; and 

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

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

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

17 survey to establish the boundaries of the land taken into 

18 trust under subsection (a). 

19 (c) EFFECTIVE DATE.—Subsection (a) shall take ef20 fect on the day after the date on which the Secretary 

21 records the agreement entered into under section 

22 104(d)(1). 

23 SEC. 103. MAP AND LEGAL DESCRIPTION. 

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

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


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1 map and legal description of the Council Creek 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. 104. ADMINISTRATION. 

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

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

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

20 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 


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1 land shall apply to any unprocessed logs that are 

2 harvested from the Council Creek land. 

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

4 property taken into trust under section 102 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 Council Creek land shall 

10 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 Tribe 

17 that secures existing administrative access by the 

18 Secretary to the Council Creek land. 

19 (2) RECIPROCAL RIGHT-OF-WAY AGREE20 MENTS.— 

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

22 the agreement is entered into under paragraph 

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

24 reciprocal right-of-way agreements to the CounVerDate Sep 11 2014 02:11 Jul 12, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1306.RH H1306

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1 cil Creek land in existence as of the date of en2 actment of this Act. 

3 (B) CONTINUED ACCESS.—Beginning on 

4 the date on which the Council Creek land is 

5 taken into trust under section 102, the Tribe 

6 shall continue the access provided by the agree7 ments referred to in subparagraph (A) in per8 petuity. 

9 (e) LAND USE PLANNING REQUIREMENTS.—Except 

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

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

12 land shall not be subject to the land use planning require13 ments of the Federal Land Policy and Management Act 

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

15 28, 1937 (43 U.S.C. 1181a et seq.). 

16 SEC. 105. LAND RECLASSIFICATION. 

17 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

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

19 the date of enactment of this Act, the Secretary of Agri20 culture and the Secretary shall identify any Oregon and 

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

22 United States for the benefit of the Tribe under section 

23 102. 

24 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

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


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

2 State of Oregon that— 

3 (1) is approximately equal in acreage and con4 dition as the Oregon and California Railroad grant 

5 land identified under subsection (a); and 

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

7 California Railroad grant land counties (other than 

8 Klamath County, Oregon). 

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

10 enactment of this Act, the Secretary shall submit to Con11 gress and publish in the Federal Register one or more 

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

13 (b). 

14 (d) RECLASSIFICATION.— 

15 (1) IN GENERAL.—After providing an oppor16 tunity for public comment, the Secretary shall re17 classify the land identified in subsection (b) as Or18 egon and California Railroad grant land. 

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

20 1937 (43 U.S.C. 1181a et seq.), shall apply to land 

21 reclassified as Oregon and California Railroad grant 

22 land under paragraph (1). 


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1 TITLE II—OREGON COASTAL 

2 LAND CONVEYANCE 

3 SEC. 201. DEFINITIONS. 

4 In this title: 

5 (1) CONFEDERATED TRIBES.—The term ‘‘Con6 federated Tribes’’ means the Confederated Tribes of 

7 Coos, Lower Umpqua, and Siuslaw Indians. 

8 (2) OREGON COASTAL LAND.—The term ‘‘Or9 egon Coastal land’’ means the approximately 14,742 

10 acres of land, as generally depicted on the map enti11 tled ‘‘Oregon Coastal Land Conveyance’’ and dated 

12 July 11, 2016. 

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

14 the Secretary of the Interior. 

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

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

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

18 United States in and to the Oregon Coastal land, includ19 ing any improvements located on the land, appurtenances 

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

21 and gas, shall be— 

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

23 benefit of the Confederated Tribes; and 

24 (2) part of the reservation of the Confederated 

25 Tribes. 


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

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

3 survey to establish the boundaries of the land taken into 

4 trust under subsection (a). 

5 (c) EFFECTIVE DATE.—Subsection (a) shall take ef6 fect on the day after the date on which the Secretary 

7 records the agreement entered into under section 

8 204(d)(1). 

9 SEC. 203. MAP AND LEGAL DESCRIPTION. 

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

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

12 map and legal description of the Oregon Coastal land 

13 with— 

14 (1) the Committee on Energy and Natural Re15 sources of the Senate; and 

16 (2) the Committee on Natural Resources of the 

17 House of Representatives. 

18 (b) FORCE AND EFFECT.—The map and legal de19 scription filed under subsection (a) shall have the same 

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

21 the Secretary may correct any clerical or typographical er22 rors in the map or legal description. 

23 (c) PUBLIC AVAILABILITY.—The map and legal de24 scription filed under subsection (a) shall be on file and 


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1 available for public inspection in the Office of the Sec2 retary. 

3 SEC. 204. ADMINISTRATION. 

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

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

6 Confederated Tribes existing on the date of enactment of 

7 this Act to any land or interest in land. 

8 (b) PROHIBITIONS.— 

9 (1) EXPORTS OF UNPROCESSED LOGS.—Fed10 eral law (including regulations) relating to the ex11 port of unprocessed logs harvested from Federal 

12 land shall apply to any unprocessed logs that are 

13 harvested from the Oregon Coastal land taken into 

14 trust under section 202. 

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

16 property taken into trust under section 202 shall not 

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

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

19 seq.). 

20 (c) FOREST MANAGEMENT.—Any forest management 

21 activity that is carried out on the Oregon Coastal land 

22 shall be managed in accordance with all applicable Federal 

23 laws. 

24 (d) AGREEMENTS.— 


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1 (1) MEMORANDUM OF AGREEMENT FOR ADMIN2 ISTRATIVE ACCESS.—Not later than 180 days after 

3 the date of enactment of this Act, the Secretary 

4 shall seek to enter into an agreement with the Con5 federated Tribes that secures existing administrative 

6 access by the Secretary to the Oregon Coastal land 

7 and that provides for— 

8 (A) access for certain activities, includ9 ing— 

10 (i) forest management; 

11 (ii) timber and rock haul; 

12 (iii) road maintenance; 

13 (iv) wildland fire protection and man14 agement; 

15 (v) cadastral surveys; 

16 (vi) wildlife, cultural, and other sur17 veys; and 

18 (vii) law enforcement activities; 

19 (B) the management of the Oregon Coastal 

20 land that is acquired or developed under chap21 ter 2003 of title 54, United States Code, con22 sistent with section 200305(f)(3) of that title; 

23 and 

24 (C) the terms of public vehicular transit 

25 across the Oregon Coastal land to and from the 


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

2 R. 7 W., as generally depicted on the map de3 scribed in section 201(2), subject to the re4 quirement that if the Bureau of Land Manage5 ment discontinues maintenance of the public 

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

7 terms of any agreement in effect on that date 

8 that provides for public vehicular transit to and 

9 from the Hult Log Storage Reservoir shall be 

10 void. 

11 (2) RECIPROCAL RIGHT-OF-WAY AGREE12 MENTS.— 

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

14 the agreement is entered into under paragraph 

15 (1), the Secretary shall provide to the Confed16 erated Tribes all reciprocal right-of-way agree17 ments to the Oregon Coastal land in existence 

18 on the date of enactment of this Act. 

19 (B) CONTINUED ACCESS.—Beginning on 

20 the date on which the Oregon Coastal land is 

21 taken into trust under section 202, the Confed22 erated Tribes shall continue the access provided 

23 by the reciprocal right-of-way agreements re24 ferred to in subparagraph (A) in perpetuity. 


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1 (e) LAND USE PLANNING REQUIREMENTS.—Except 

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

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

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

5 requirements of the Federal Land Policy and Management 

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

7 28, 1937 (43 U.S.C. 1181a et seq.). 

8 SEC. 205. LAND RECLASSIFICATION. 

9 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

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

11 the date of enactment of this Act, the Secretary of Agri12 culture and the Secretary shall identify any Oregon and 

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

14 United States for the benefit of the Confederated Tribes 

15 under section 202. 

16 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

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

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

19 State of Oregon that— 

20 (1) is approximately equal in acreage and con21 dition as the Oregon and California Railroad grant 

22 land identified under subsection (a); and 

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

24 California Railroad grant land counties (other than 

25 Klamath County, Oregon). 


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

2 enactment of this Act, the Secretary shall submit to Con3 gress and publish in the Federal Register one or more 

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

5 (b). 

6 (d) RECLASSIFICATION.— 

7 (1) IN GENERAL.—After providing an oppor8 tunity for public comment, the Secretary shall re9 classify the land identified in subsection (b) as Or10 egon and California Railroad grant land. 

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

12 1937 (43 U.S.C. 1181a et seq.), shall apply to land 

13 reclassified as Oregon and California Railroad grant 

14 land under paragraph (1). 

15 TITLE III—AMENDMENTS TO 

16 COQUILLE RESTORATION ACT 

17 SEC. 301. AMENDMENTS TO COQUILLE RESTORATION ACT. 

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

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

20 amended— 

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

22 following: 

23 ‘‘(5) MANAGEMENT.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), the Secretary, acting through the 


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1 Assistant Secretary for Indian Affairs, shall 

2 manage the Coquille Forest in accordance with 

3 the laws pertaining to the management of In4 dian trust land. 

5 ‘‘(B) ADMINISTRATION.— 

6 ‘‘(i) UNPROCESSED LOGS.—Unproc7 essed logs harvested from the Coquille For8 est shall be subject to the same Federal 

9 statutory restrictions on export to foreign 

10 nations that apply to unprocessed logs har11 vested from Federal land. 

12 ‘‘(ii) SALES OF TIMBER.—Notwith13 standing any other provision of law, all 

14 sales of timber from land subject to this 

15 subsection shall be advertised, offered, and 

16 awarded according to competitive bidding 

17 practices, with sales being awarded to the 

18 highest responsible bidder.’’; 

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

20 (3) by redesignating paragraphs (10) through 

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


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Union Calendar No. 141 

115TH CONGRESS 

1ST SESSION H. R. 1306 

[Report No. 115–204] 

A BILL 

To provide for the conveyance of certain Federal 

poses. land in the State of Oregon, and for other purJULY 11, 2017 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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