II 

Calendar No. 620 

114TH CONGRESS 

2D SESSION S. 815 

[Report No. 114–345] 

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

to the Cow Creek Band of Umpqua Tribe of Indians. 

IN THE SENATE OF THE UNITED STATES 

MARCH 19, 2015 

Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

SEPTEMBER 8, 2016 

Reported by Ms. MURKOWSKI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To provide for the conveyance of certain Federal land in 

the State of Oregon to the Cow Creek Band of Umpqua 

Tribe of Indians. 

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 ‘‘Cow Creek Umpqua 

5 Land Conveyance Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

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

5 of land, as generally depicted on the map entitled 

6 ‘‘Canyon Mountain Land Conveyance’’ and dated 

7 June 27, 2013. 

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

9 Creek Band of Umpqua Tribe of Indians. 

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

11 the Secretary of the Interior. 

12 SEC. 3. CONVEYANCE. 

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

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

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

16 any improvements located on the land, appurtenances to 

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

18 gas, shall be— 

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

20 benefit of the Tribe; and 

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

22 (b) SURVEY.—Not later than 1 year after the date 

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

24 survey of the boundary lines to establish the boundaries 

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


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1 SEC. 4. MAP AND LEGAL DESCRIPTION. 

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

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

4 map and legal description of the Council Creek land 

5 with— 

6 (1) the Committee on Energy and Natural Re7 sources of the Senate; and 

8 (2) the Committee on Natural Resources of the 

9 House of Representatives. 

10 (b) FORCE AND EFFECT.—The map and legal de11 scription filed under subsection (a) shall have the same 

12 force and effect as if included in this Act, except that the 

13 Secretary may correct any clerical or typographical errors 

14 in the map or legal description. 

15 (c) PUBLIC AVAILABILITY.—The map and legal de16 scription filed under subsection (a) shall be on file and 

17 available for public inspection in the Office of the Sec18 retary. 

19 SEC. 5. ADMINISTRATION. 

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

21 Act, nothing in this Act affects any right or claim of the 

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

23 land or interest in land. 

24 (b) PROHIBITIONS.— 

25 (1) EXPORTS OF UNPROCESSED LOGS.—Fed26 eral law (including regulations) relating to the exVerDate Sep 11 2014 21:59 Sep 08, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S815.RS S815

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1 port of unprocessed logs harvested from Federal 

2 land shall apply to any unprocessed logs that are 

3 harvested from the Council Creek land. 

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

5 property taken into trust under section 3 shall not 

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

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

8 seq.). 

9 (c) FOREST MANAGEMENT.—Any forest management 

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

11 be managed in accordance with all applicable Federal 

12 laws. 

13 SEC. 6. LAND RECLASSIFICATION. 

14 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

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

16 the date of enactment of this Act, the Secretary of Agri17 culture and the Secretary shall identify any Oregon and 

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

19 United States for the benefit of the Tribe under section 

20 3. 

21 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.— 

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

23 this Act, the Secretary shall identify public domain land 

24 in the 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 in the vicinity of the Oregon and 

5 California Railroad grant land. 

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

7 enactment of this Act, the Secretary shall submit to Con8 gress and publish in the Federal Register 1 or more maps 

9 depicting the land identified in subsections (a) and (b). 

10 (d) RECLASSIFICATION.— 

11 (1) IN GENERAL.—After providing an oppor12 tunity for public comment, the Secretary shall re13 classify the land identified in subsection (b) as Or14 egon and California Railroad grant land. 

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

16 1937 (43 U.S.C. 1181a et seq.), shall apply to land 

17 reclassified as Oregon and California Railroad grant 

18 land under paragraph (1). 

19 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

21 ‘‘Western Oregon Tribal Fairness Act’’. 

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

23 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. 


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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. 

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 of 

7 land, as generally depicted on the map entitled ‘‘Can8 yon Mountain Land Conveyance’’ and dated May 24, 

9 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, in16 cluding 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 of 

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

8 to establish the boundaries of the land taken into trust 

9 under subsection (a). 

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

11 on the day after the date on which the Secretary records 

12 the agreement entered into under section 104(d)(1). 

13 SEC. 103. MAP AND LEGAL DESCRIPTION. 

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

15 date of enactment of this Act, the Secretary shall file a map 

16 and legal description of the Council Creek land with— 

17 (1) the Committee on Energy and Natural Re18 sources of the Senate; and 

19 (2) the Committee on Natural Resources of the 

20 House of Representatives. 

21 (b) FORCE AND EFFECT.—The map and legal descrip22 tion filed under subsection (a) shall have the same force and 

23 effect as if included in this title, except that the Secretary 

24 may correct any clerical or typographical errors in the map 

25 or legal description. 


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1 (c) PUBLIC AVAILABILITY.—The map and legal de2 scription filed under subsection (a) shall be on file and 

3 available for public inspection in the Office of the Secretary. 

4 SEC. 104. ADMINISTRATION. 

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

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

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

8 land or interest in land. 

9 (b) PROHIBITIONS.— 

10 (1) EXPORTS OF UNPROCESSED LOGS.—Federal 

11 law (including regulations) relating to the export of 

12 unprocessed logs harvested from Federal land shall 

13 apply to any unprocessed logs that are harvested from 

14 the Council Creek land. 

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

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

22 be managed in accordance with all applicable Federal laws. 

23 (d) AGREEMENTS.— 

24 (1) MEMORANDUM OF AGREEMENT FOR ADMINIS25 TRATIVE ACCESS.—Not later than 180 days after the 


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1 date of enactment of this Act, the Secretary shall seek 

2 to enter into an agreement with the Tribe that secures 

3 existing administrative access by the Secretary to the 

4 Council Creek land. 

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

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

7 the agreement is entered into under paragraph 

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

9 reciprocal right-of-way agreements to the Council 

10 Creek land in existence as of the date of enact11 ment of this Act. 

12 (B) CONTINUED ACCESS.—Beginning on the 

13 date on which the Council Creek land is taken 

14 into trust under section 102, the Tribe shall con15 tinue the access provided by the agreements re16 ferred to in subparagraph (A) in perpetuity. 

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

18 provided in subsection (c), once the Council Creek land is 

19 taken into trust under section 102, the Council Creek land 

20 shall not be subject to the land use planning requirements 

21 of the Federal Land Policy and Management Act of 1976 

22 (43 U.S.C. 1701 et seq.) or the Act of August 28, 1937 (43 

23 U.S.C. 1181a et seq.). 


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1 SEC. 105. LAND RECLASSIFICATION. 

2 (a) IDENTIFICATION OF OREGON AND CALIFORNIA

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

4 the date of enactment of this Act, the Secretary of Agri5 culture and the Secretary shall identify any Oregon and 

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

7 United States for the benefit of the Tribe under section 102. 

8 (b) IDENTIFICATION OF PUBLIC DOMAIN LAND.—Not 

9 later than 2 years after the date of enactment of this Act, 

10 the Secretary shall identify public domain land in the State 

11 of Oregon that— 

12 (1) is approximately equal in acreage and condi13 tion as the Oregon and California Railroad grant 

14 land identified under subsection (a); and 

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

16 California Railroad grant land counties (other than 

17 Klamath County, Oregon). 

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

19 enactment of this Act, the Secretary shall submit to Con20 gress and publish in the Federal Register 1 or more maps 

21 depicting the land identified in subsections (a) and (b). 

22 (d) RECLASSIFICATION.— 

23 (1) IN GENERAL.—After providing an oppor24 tunity for public comment, the Secretary shall reclas25 sify the land identified in subsection (b) as Oregon 

26 and California Railroad grant land. 


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1 (2) APPLICABILITY.—The Act of August 28, 1937 

2 (43 U.S.C. 1181a et seq.), shall apply to land reclassi3 fied as Oregon and California Railroad grant land 

4 under paragraph (1). 

5 TITLE II—OREGON COASTAL 

6 LAND CONVEYANCE 

7 SEC. 201. DEFINITIONS. 

8 In this title: 

9 (1) CONFEDERATED TRIBES.—The term ‘‘Confed10 erated Tribes’’ means the Confederated Tribes of Coos, 

11 Lower Umpqua, and Siuslaw Indians. 

12 (2) OREGON COASTAL LAND.—The term ‘‘Oregon 

13 Coastal land’’ means the approximately 14,742 acres 

14 of land, as generally depicted on the map entitled 

15 ‘‘Oregon Coastal Land Conveyance’’ and dated July 

16 11, 2016. 

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

18 the Secretary of the Interior. 

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

20 (a) IN GENERAL.—Subject to valid existing rights, in21 cluding rights-of-way, all right, title, and interest of the 

22 United States in and to the Oregon Coastal land, including 

23 any improvements located on the land, appurtenances to 

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

25 gas, shall be— 


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

2 benefit of the Confederated Tribes; and 

3 (2) part of the reservation of the Confederated 

4 Tribes. 

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

6 enactment of this Act, the Secretary shall complete a survey 

7 to establish the boundaries of the land taken into trust 

8 under subsection (a). 

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

10 on the day after the date on which the Secretary records 

11 the agreement entered into under section 204(d)(1). 

12 SEC. 203. MAP AND LEGAL DESCRIPTION. 

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

14 date of enactment of this Act, the Secretary shall file a map 

15 and legal description of the Oregon Coastal land with— 

16 (1) the Committee on Energy and Natural Re17 sources of the Senate; and 

18 (2) the Committee on Natural Resources of the 

19 House of Representatives. 

20 (b) FORCE AND EFFECT.—The map and legal descrip21 tion filed under subsection (a) shall have the same force and 

22 effect as if included in this title, except that the Secretary 

23 may correct any clerical or typographical errors in the map 

24 or legal description. 


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1 (c) PUBLIC AVAILABILITY.—The map and legal de2 scription filed under subsection (a) shall be on file and 

3 available for public inspection in the Office of the Secretary. 

4 SEC. 204. ADMINISTRATION. 

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

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

7 Confederated Tribes existing on the date of enactment of 

8 this Act to any land or interest in land. 

9 (b) PROHIBITIONS.— 

10 (1) EXPORTS OF UNPROCESSED LOGS.—Federal 

11 law (including regulations) relating to the export of 

12 unprocessed logs harvested from Federal land shall 

13 apply to any unprocessed logs that are harvested from 

14 the Oregon Coastal land taken into trust under sec15 tion 202. 

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

17 property taken into trust under section 202 shall not 

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

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

20 seq.). 

21 (c) FOREST MANAGEMENT.—Any forest management 

22 activity that is carried out on the Oregon Coastal land shall 

23 be managed in accordance with all applicable Federal laws. 

24 (d) AGREEMENTS.— 


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1 (1) MEMORANDUM OF AGREEMENT FOR ADMINIS2 TRATIVE ACCESS.—Not later than 180 days after the 

3 date of enactment of this Act, the Secretary shall seek 

4 to enter into an agreement with the Confederated 

5 Tribes that secures existing administrative access by 

6 the Secretary to the Oregon Coastal land and that 

7 provides for— 

8 (A) access for certain activities, including— 

9 (i) forest management; 

10 (ii) timber and rock haul; 

11 (iii) road maintenance; 

12 (iv) wildland fire protection and man13 agement; 

14 (v) cadastral surveys; 

15 (vi) wildlife, cultural, and other sur16 veys; and 

17 (vii) law enforcement activities; 

18 (B) the management of the Oregon Coastal 

19 land that is acquired or developed under chapter 

20 2003 of title 54, United States Code, consistent 

21 with section 200305(f)(3) of that title; and 

22 (C) the terms of public vehicular transit 

23 across the Oregon Coastal land to and from the 

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

25 R. 7 W., as generally depicted on the map deVerDate Sep 11 2014 21:59 Sep 08, 2016 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\S815.RS S815

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1 scribed in section 201(2), subject to the require2 ment that if the Bureau of Land Management 

3 discontinues maintenance of the public recre4 ation site known as ‘‘Hult Reservoir’’, the terms 

5 of any agreement in effect on that date that pro6 vides for public vehicular transit to and from the 

7 Hult Log Storage Reservoir shall be void. 

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

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

10 the agreement is entered into under paragraph 

11 (1), the Secretary shall provide to the Confed12 erated Tribes all reciprocal right-of-way agree13 ments to the Oregon Coastal land in existence on 

14 the date of enactment of this Act. 

15 (B) CONTINUED ACCESS.—Beginning on the 

16 date on which the Oregon Coastal land is taken 

17 into trust under section 202, the Confederated 

18 Tribes shall continue the access provided by the 

19 reciprocal right-of-way agreements referred to in 

20 subparagraph (A) in perpetuity. 

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

22 provided in subsection (c), once the Oregon Coastal land 

23 is taken into trust under section 202, the Oregon Coastal 

24 land shall not be subject to the land use planning require25 ments of the Federal Land Policy and Management Act of 


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1 1976 (43 U.S.C. 1701 et seq.) or the Act of August 28, 1937 

2 (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.—Not 

12 later than 2 years after the date of enactment of this Act, 

13 the Secretary shall identify public domain land in the State 

14 of Oregon that— 

15 (1) is approximately equal in acreage and condi16 tion 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 1 or more maps 

24 depicting the land identified in subsections (a) and (b). 

25 (d) RECLASSIFICATION.— 


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1 (1) IN GENERAL.—After providing an oppor2 tunity for public comment, the Secretary shall reclas3 sify the land identified in subsection (b) as Oregon 

4 and California Railroad grant land. 

5 (2) APPLICABILITY.—The Act of August 28, 1937 

6 (43 U.S.C. 1181a et seq.), shall apply to land reclassi7 fied as Oregon and California Railroad grant land 

8 under paragraph (1). 

9 TITLE III—AMENDMENTS TO 

10 COQUILLE RESTORATION ACT 

11 SEC. 301. AMENDMENTS TO COQUILLE RESTORATION ACT. 

12 Section 5(d) of the Coquille Restoration Act (25 U.S.C. 

13 715c(d)) is amended— 

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

15 following: 

16 ‘‘(5) MANAGEMENT.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), the Secretary, acting through the As19 sistant Secretary for Indian Affairs, shall man20 age the Coquille Forest in accordance with the 

21 laws pertaining to the management of Indian 

22 trust land. 

23 ‘‘(B) ADMINISTRATION.— 

24 ‘‘(i) UNPROCESSED LOGS.—Unproc25 essed logs harvested from the Coquille Forest 


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1 shall be subject to the same Federal statu2 tory restrictions on export to foreign na3 tions that apply to unprocessed logs har4 vested from Federal land. 

5 ‘‘(ii) SALES OF TIMBER.—Notwith6 standing any other provision of law, all 

7 sales of timber from land subject to this sub8 section shall be advertised, offered, and 

9 awarded according to competitive bidding 

10 practices, with sales being awarded to the 

11 highest responsible bidder.’’; 

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

13 (3) by redesignating paragraphs (10) through 

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


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Calendar No. 620 

114TH CONGRESS 

2D SESSION S. 815 

[Report No. 114–345] 

A BILL 

To provide for the conveyance of certain Federal 

Band of Umpqua Tribe of Indians. land in the State of Oregon to the Cow Creek 

SEPTEMBER 8, 2016 

Reported with an amendment 


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