I 

113TH CONGRESS 

2D SESSION H. R. 5701 

To require that certain Federal lands be held in trust by the United States 

for the benefit of federally recognized tribes in the State of Oregon, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 13, 2014 

Mr. DEFAZIO (for himself and Mr. SCHRADER) 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 federally recognized 

tribes 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. 

4 This Act may be cited as the ‘‘Western Oregon Indian 

5 Tribal Lands Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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TITLE I—RESERVATION OF CONFEDERATED TRIBES OF THE 

GRAND RONDE COMMUNITY OF OREGON 

Sec. 101. Additional lands for reservation. 

TITLE II—OREGON COASTAL LANDS 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Conveyance. 

Sec. 204. Map and legal description. 

Sec. 205. Administration. 

Sec. 206. Land reclassification. 

TITLE III—COW CREEK UMPQUA LAND CONVEYANCE 

Sec. 301. Short title. 

Sec. 302. Definitions. 

Sec. 303. Conveyance. 

Sec. 304. Map and legal description. 

Sec. 305. Administration. 

Sec. 306. Land reclassification. 

TITLE IV—SILETZ TRIBE INDIAN RESTORATION ACT 

Sec. 401. Purpose; clarification. 

Sec. 402. Treatment of certain property of the Siletz tribe of the State of Oregon. 

TITLE V—AMENDMENTS TO COQUILLE RESTORATION ACT 

Sec. 501. Amendments to Coquille Restoration Act. 

1 TITLE I—RESERVATION OF CON2 FEDERATED TRIBES OF THE 

3 GRAND RONDE COMMUNITY 

4 OF OREGON 

5 SEC. 101. ADDITIONAL LANDS FOR RESERVATION. 

6 Section 1 of the Act entitled ‘‘An Act to establish a 

7 reservation for the Confederated Tribes of the Grand 

8 Ronde Community of Oregon, and for other purposes,’’ 

9 approved September 9, 1988 (Public Law 100–425; 102 

10 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 


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1 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), 

2 is amended— 

3 (1) in subsection (a)— 

4 (A) by striking ‘‘Subject to valid’’ and in5 serting the following: 

6 ‘‘(1) IN GENERAL.—Subject to valid’’; and 

7 (B) by adding after paragraph (1) (as des8 ignated by subparagraph (A)) the following: 

9 ‘‘(2) ADDITIONAL TRUST ACQUISITIONS.— 

10 ‘‘(A) IN GENERAL.—The Secretary may 

11 accept title to any additional number of acres of 

12 real property located within the boundaries of 

13 the original 1857 reservation of the Confed14 erated Tribes of the Grand Ronde Community 

15 of Oregon established by Executive order dated 

16 June 30, 1857, comprised of land within the 

17 political boundaries of Polk and Yamhill Coun18 ties, Oregon, if that real property is conveyed or 

19 otherwise transferred to the United States by or 

20 on behalf of the Tribe. 

21 ‘‘(B) TREATMENT OF TRUST LAND.— 

22 ‘‘(i) Applications to take land into 

23 trust within the boundaries of the original 

24 1857 reservation shall be treated by the 


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1 Secretary as an on-reservation trust acqui2 sition. 

3 ‘‘(ii) Any real property taken into 

4 trust under this paragraph shall not be eli5 gible, or used, for any Class II or Class III 

6 gaming activity carried out under the In7 dian Gaming Regulatory Act (25 U.S.C. 

8 2701 et seq.), except for real property 

9 within 2 miles of the gaming facility in ex10 istence on the date of enactment of this 

11 paragraph that is located on State High12 way 18 in the Grand Ronde community of 

13 Oregon. 

14 ‘‘(C) RESERVATION.—All real property 

15 taken into trust within those boundaries at any 

16 time after September 9, 1988, shall be part of 

17 the reservation of the Tribe.’’; and 

18 (2) in subsection (c)— 

19 (A) in the matter preceding the table, by 

20 striking ‘‘in subsection (a) are approximately 

21 10,311.60’’ and inserting ‘‘in subsection (a)(1) 

22 are approximately 11,349.92’’; and 

23 (B) in the table— 

24 (i) by striking the following: 

‘‘6 7 8 Tax lot 800 5.55’’; 


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1 and inserting the following: 

‘‘6 7 7, 8, 17, 

18 

Former tax lot 800, located within the SE 1⁄4 SE 1⁄4 of Section 7; SW 1⁄4 SW 1⁄4 of Section 8; NW 1⁄4 NW 1⁄4 of Section 

17; and NE 1⁄4 NE 1⁄4 of Section 18 

5.55’’; 

2 (ii) in the acres column of the last 

3 item added by section 2(a)(1) of Public 

4 Law 103–445 (108 Stat. 4566), by strik5 ing ‘‘240’’ and inserting ‘‘241.06’’; and 

6 (iii) by striking all text after 

‘‘6 7 18 E 1⁄2 NE 1⁄4 43.42’’; 

7 and inserting the following: 

‘‘6 8 1 W 1⁄2 SE 1⁄4 SE 1⁄4 20.6

6 8 1 N 1⁄2 SW 1⁄4 SE 1⁄4 19.99

6 8 1 SE 1⁄4 NE 1⁄4 9.99

6 8 1 NE 1⁄4 SW 1⁄4 10.46

6 8 1 NE 1⁄4 SW 1⁄4, NW 1⁄4 SW 1⁄4 12.99

6 7 6 SW 1⁄4 NW 1⁄4 37.39

6 7 5 SE 1⁄4 SW 1⁄4 24.87

6 7 5, 8 SW 1⁄4 SE 1⁄4 of Section 5; and NE 1⁄4 NE 1⁄4, NW 1⁄4 NE 

1⁄4, NE 1⁄4 NW 1⁄4 of Section 8 

109.9

6 8 1 NW 1⁄4 SE 1⁄4 31.32

6 8 1 NE 1⁄4 SW 1⁄4 8.89

6 8 1 SW 1⁄4 NE 1⁄4, NW 1⁄4 NE 1⁄4 78.4

6 7 8, 17 SW 1⁄4 SW 1⁄4 of Section 8; and NE 1⁄4 NW 1⁄4, NW 1⁄4

NW 1⁄4 of Section 17 

14.33

6 7 17 NW1⁄4 NW 1⁄4 6.68

6 8 12 SW 1⁄4 NE1⁄4 8.19

6 8 1 SE 1⁄4 SW 1⁄4 2.0

6 8 1 SW 1⁄4 SW 1⁄4 5.05

6 8 12 SE 1⁄4, SW 1⁄4 54.64

6 7 17, 18 SW 1⁄4, NW 1⁄4 of Section 17; and SE 1⁄4, NE 1⁄4 of Section 

18 

136.83

6 8 1 SW 1⁄4 SE 1⁄4 20.08

6 7 5 NE 1⁄4 SE 1⁄4, SE 1⁄4 SE 1⁄4, E 1⁄2 SE 1⁄4 SW 1⁄4 97.38


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4 7 31 SE 1⁄4 159.60

6 7 17 NW 1⁄4 NW 1⁄4 3.14

6 8 12 NW 1⁄4 SE 1⁄4 1.10

6 7 8 SW 1⁄4 SW 1⁄4 0.92

6 8 12 NE 1⁄4 NW 1⁄4 1.99

6 7 7 NW 1⁄4 NW 1⁄4 of Section 7; and 

6 8 12 S 1⁄2 NE 1⁄4, E 1⁄2 NE 1⁄4 NE 1⁄4 of Section 12 86.48

6 8 12 NE 1⁄4 NW 1⁄4 1.56

6 7 6 W 1⁄2 SW 1⁄4 SW 1⁄4 of Section 6; and 

6 8 1 E 1⁄2 SE 1⁄4 SE 1⁄4 of Section 1 35.82

6 7 5 E 1⁄2 NW 1⁄4 SE 1⁄4 19.88

6 8 12 NW 1⁄4 NE 1⁄4 0.29

6 8 1 SE 1⁄4 SW 1⁄4 2.5

6 7 8 NE 1⁄4 NW 1⁄4 7.16

6 8 1 SE 1⁄4 SW 1⁄4 5.5

6 8 1 SE 1⁄4 NW 1⁄4 1.34

Total 11,349.92’’. 

1 TITLE II—OREGON COASTAL 

2 LANDS 

3 SEC. 201. SHORT TITLE. 

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

5 Act’’. 

6 SEC. 202. DEFINITIONS. 

7 In this title: 

8 (1) CONFEDERATED TRIBES.—The term ‘‘Con9 federated Tribes’’ means the Confederated Tribes of 

10 Coos, Lower Umpqua, and Siuslaw Indians. 

11 (2) OREGON COASTAL LAND.—The term ‘‘Or12 egon Coastal land’’ means the approximately 14,408 

13 acres of land, as generally depicted on the map entiVerDate Sep 11 2014 03:23 Nov 14, 2014 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5701.IH H5701

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1 tled ‘‘Oregon Coastal Land Conveyance’’ and dated 

2 March 27, 2013. 

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

4 the Secretary of the Interior. 

5 SEC. 203. CONVEYANCE. 

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 Oregon Coastal land, includ9 ing any improvements located on the land, appurtenances 

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

11 and gas, shall be— 

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

13 benefit of the Confederated Tribes; and 

14 (2) part of the reservation of the Confederated 

15 Tribes. 

16 (b) SURVEY.—Not later than one year after the date 

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

18 survey of the boundary lines to establish the boundaries 

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

20 SEC. 204. MAP AND LEGAL DESCRIPTION. 

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

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

23 map and legal description of the Oregon Coastal land 

24 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. 205. ADMINISTRATION. 

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

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

17 Confederated Tribes existing on the date of enactment of 

18 this Act to any 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 Oregon Coastal land taken into 

25 trust under section 203. 


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

2 property taken into trust under section 203 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) LAWS APPLICABLE TO COMMERCIAL FORESTRY

7 ACTIVITY.—Any commercial forestry activity that is car8 ried out on the Oregon Coastal land taken into trust under 

9 section 203 shall be managed in accordance with all appli10 cable Federal laws, including the National Indian Forest 

11 Resources Management Act (25 U.S.C. 3101 et seq.). 

12 (d) AGREEMENTS.—The Confederated Tribes shall 

13 consult with the Secretary and other parties as necessary 

14 to develop agreements to provide for access to the Oregon 

15 Coastal land taken into trust under section 203 that pro16 vide for— 

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

18 agreements; 

19 (2) administrative access by the Bureau of 

20 Land Management; and 

21 (3) management of the Oregon Coastal land 

22 that are acquired or developed under the Land and 

23 Water Conservation Fund Act of 1965 (16 U.S.C. 

24 460l–4 et seq.), consistent with section 8(f)(3) of 

25 that Act (162 U.S.C. 460l–8(f)(3)). 


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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 203, the land shall 

4 not be subject to the land use planning requirements of 

5 the Federal Land Policy and Management Act of 1976 

6 (43 U.S.C. 1701 et seq.) or the Act of August 28, 1937 

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

8 SEC. 206. 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 203. 

16 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

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

18 this Act, the Secretary shall identify public domain land 

19 in the 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 in the vicinity of the Oregon and 

24 California Railroad grant land. 


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1 (c) MAPS.—Not later than 2 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—COW CREEK UMPQUA 

16 LAND CONVEYANCE 

17 SEC. 301. SHORT TITLE. 

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

19 Land Conveyance Act’’. 

20 SEC. 302. DEFINITIONS. 

21 In this title: 

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

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

24 of land, as generally depicted on the map entitled 


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1 ‘‘Canyon Mountain Land Conveyance’’ and dated 

2 June 27, 2013. 

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

4 Creek Band of Umpqua Tribe of Indians. 

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

6 the Secretary of the Interior. 

7 SEC. 303. CONVEYANCE. 

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

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

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

11 any improvements located on the land, appurtenances to 

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

13 gas, shall be— 

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

15 benefit of the Tribe; and 

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

17 (b) SURVEY.—Not later than one year after the date 

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

19 survey of the boundary lines to establish the boundaries 

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

21 SEC. 304. 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. 305. 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 303 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, including the National Indian Forest Resources 

10 Management Act (25 U.S.C. 3101 et seq.). 

11 SEC. 306. LAND RECLASSIFICATION. 

12 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

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

14 the date of enactment of this Act, the Secretary of Agri15 culture and the Secretary shall identify any Oregon and 

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

17 United States for the benefit of the Tribe under section 

18 303. 

19 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

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

21 this Act, the Secretary shall identify public domain land 

22 in the State of Oregon that— 

23 (1) is approximately equal in acreage and con24 dition as the Oregon and California Railroad grant 

25 land identified under subsection (a); and 


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

2 California Railroad grant land. 

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

4 enactment of this Act, the Secretary shall submit to Con5 gress and publish in the Federal Register one or more 

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

7 (b). 

8 (d) RECLASSIFICATION.— 

9 (1) IN GENERAL.—After providing an oppor10 tunity for public comment, the Secretary shall re11 classify the land identified in subsection (b) as Or12 egon and California Railroad grant land. 

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

14 1937 (43 U.S.C. 1181a et seq.), shall apply to land 

15 reclassified as Oregon and California Railroad grant 

16 land under paragraph (1). 

17 TITLE IV—SILETZ TRIBE INDIAN 

18 RESTORATION ACT 

19 SEC. 401. PURPOSE; CLARIFICATION. 

20 (a) PURPOSE.—The purpose of this title is to facili21 tate fee-to-trust applications for the Siletz Tribe within 

22 the geographic area specified in the amendment made by 

23 this title. 

24 (b) CLARIFICATION.—Except as specifically provided 

25 otherwise by this title or the amendment made by this 


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1 title, nothing in this title or the amendment made by this 

2 title, shall prioritize for any purpose the claims of any fed3 erally recognized Indian tribe over the claims of any other 

4 federally recognized Indian tribe. 

5 SEC. 402. TREATMENT OF CERTAIN PROPERTY OF THE 

6 SILETZ TRIBE OF THE STATE OF OREGON. 

7 Section 7 of the Siletz Tribe Indian Restoration Act 

8 (25 U.S.C. 711e) is amended by adding at the end the 

9 following: 

10 ‘‘(f) TREATMENT OF CERTAIN PROPERTY.— 

11 ‘‘(1) IN GENERAL.— 

12 ‘‘(A) TITLE.—The Secretary may accept 

13 title to any additional number of acres of real 

14 property located within the boundaries of the 

15 original 1855 Siletz Coast Reservation estab16 lished by Executive order dated November 9, 

17 1855, comprised of land within the political 

18 boundaries of Benton, Douglas, Lane, Lincoln, 

19 Tillamook, and Yamhill Counties in the State of 

20 Oregon, if that real property is conveyed or oth21 erwise transferred to the United States by or on 

22 behalf of the tribe. 

23 ‘‘(B) TRUST.—Land to which title is ac24 cepted by the Secretary under this paragraph 


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1 shall be held in trust by the United States for 

2 the benefit of the tribe. 

3 ‘‘(2) TREATMENT AS PART OF RESERVATION.— 

4 All real property that is taken into trust under para5 graph (1) shall— 

6 ‘‘(A) be considered and evaluated as an on7 reservation acquisition under part 151.10 of 

8 title 25, Code of Federal Regulations (or suc9 cessor regulations); and 

10 ‘‘(B) become part of the reservation of the 

11 tribe. 

12 ‘‘(3) PROHIBITION ON GAMING.—Any real prop13 erty taken into trust under paragraph (1) shall not 

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

15 out under the Indian Gaming Regulatory Act (25 

16 U.S.C. 2701 et seq.).’’. 

17 TITLE V—AMENDMENTS TO 

18 COQUILLE RESTORATION ACT 

19 SEC. 501. AMENDMENTS TO COQUILLE RESTORATION ACT. 

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

21 U.S.C. 715c(d)) is amended— 

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

23 following: 

24 ‘‘(5) MANAGEMENT.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the Secretary, acting through the 

3 Assistant Secretary for Indian Affairs, shall— 

4 ‘‘(i) manage the Coquille Forest in ac5 cordance with the laws pertaining to the 

6 management of Indian trust land; and 

7 ‘‘(ii) distribute revenues in accordance 

8 with the National Indian Forest Resources 

9 Management Act (25 U.S.C. 3101 et seq.). 

10 ‘‘(B) ADMINISTRATION.— 

11 ‘‘(i) UNPROCESSED LOGS.—Unproc12 essed logs harvested from the Coquille For13 est shall be subject to the same Federal 

14 statutory restrictions on export to foreign 

15 nations that apply to unprocessed logs har16 vested from Federal land. 

17 ‘‘(ii) SALES OF TIMBER.—Notwith18 standing any other provision of law, all 

19 sales of timber from land subject to this 

20 subsection shall be advertised, offered, and 

21 awarded according to competitive bidding 

22 practices, with sales being awarded to the 

23 highest responsible bidder.’’; and 

24 (2) by amending paragraph (9) to read as fol25 lows: 


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1 ‘‘(9) JURISDICTION.—The United States Dis2 trict Court for the District of Oregon shall have ju3 risdiction over actions against the Secretary arising 

4 out of claims that this subsection has been violated, 

5 including actions between the State of Oregon and 

6 the Tribe arising out of claims of breach of the 

7 MOA. Unless otherwise provided for by law, rem8 edies available under this subsection shall be limited 

9 to equitable relief and shall not include damages.’’. 

Æ 


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