I 
115TH CONGRESS 
1ST SESSION H. R. 1306 
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 
A BILL 
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 Representa-
tives 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. 
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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 in and to the Council Creek land, including 
any improvements located on the land, appurtenances to 
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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 ef-
fect 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 Re-
sources of the Senate; and 
(2) the Committee on Natural Resources of the 
House of Representatives. 
(b) FORCE AND EFFECT.—The map and legal de-
scription filed under subsection (a) shall have the same 
force and effect as if included in this title, except that 
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the Secretary may correct any clerical or typographical er-
rors in the map or legal description. 
(c) PUBLIC AVAILABILITY.—The map and legal de-
scription filed under subsection (a) shall be on file and 
available for public inspection in the Office of the Sec-
retary. 
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.—Fed-
eral law (including regulations) relating to the ex-
port 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 
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be managed in accordance with all applicable Federal 
laws. 
(d) AGREEMENTS.— 
(1) MEMORANDUM OF AGREEMENT FOR ADMIN-
ISTRATIVE 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
AGREE-
MENTS.— 
(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 Coun-
cil Creek land in existence as of the date of en-
actment of this Act. 
(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 agree-
ments referred to in subparagraph (A) in per-
petuity. 
(e) LAND USE PLANNING REQUIREMENTS.—Except 
as provided in subsection (c), once the Council Creek land 
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is taken into trust under section 102, the Council Creek 
land shall not be subject to the land use planning require-
ments 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 Agri-
culture 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 con-
dition 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 Con-
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gress 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 oppor-
tunity for public comment, the Secretary shall re-
classify the land identified in subsection (b) as Or-
egon 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 ‘‘Con-
federated Tribes’’ means the Confederated Tribes of 
Coos, Lower Umpqua, and Siuslaw Indians. 
(2) OREGON COASTAL LAND.—The term ‘‘Or-
egon Coastal land’’ means the approximately 14,742 
acres of land, as generally depicted on the map enti-
tled ‘‘Oregon Coastal Land Conveyance’’ and dated 
July 11, 2016. 
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(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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, includ-
ing 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 ef-
fect 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 
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map and legal description of the Oregon Coastal land 
with— 
(1) the Committee on Energy and Natural Re-
sources of the Senate; and 
(2) the Committee on Natural Resources of the 
House of Representatives. 
(b) FORCE AND EFFECT.—The map and legal de-
scription 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 er-
rors in the map or legal description. 
(c) PUBLIC AVAILABILITY.—The map and legal de-
scription filed under subsection (a) shall be on file and 
available for public inspection in the Office of the Sec-
retary. 
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.—Fed-
eral law (including regulations) relating to the ex-
port of unprocessed logs harvested from Federal 
land shall apply to any unprocessed logs that are 
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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 ADMIN-
ISTRATIVE 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 Con-
federated Tribes that secures existing administrative 
access by the Secretary to the Oregon Coastal land 
and that provides for— 
(A) access for certain activities, includ-
ing— 
(i) forest management; 
(ii) timber and rock haul; 
(iii) road maintenance; 
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(iv) wildland fire protection and man-
agement; 
(v) cadastral surveys; 
(vi) wildlife, cultural, and other sur-
veys; and 
(vii) law enforcement activities; 
(B) the management of the Oregon Coastal 
land that is acquired or developed under chap-
ter 2003 of title 54, United States Code, con-
sistent 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 de-
scribed in section 201(2), subject to the re-
quirement that if the Bureau of Land Manage-
ment 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
AGREE-
MENTS.— 
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(A) IN GENERAL.—On the date on which 
the agreement is entered into under paragraph 
(1), the Secretary shall provide to the Confed-
erated Tribes all reciprocal right-of-way agree-
ments 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 Confed-
erated Tribes shall continue the access provided 
by the reciprocal right-of-way agreements re-
ferred 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 Agri-
culture and the Secretary shall identify any Oregon and 
California Railroad grant land that is held in trust by the 
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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 con-
dition 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 Con-
gress 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 oppor-
tunity for public comment, the Secretary shall re-
classify the land identified in subsection (b) as Or-
egon and California Railroad grant land. 
(2) APPLICABILITY.—The Act of August 28, 
1937 (43 U.S.C. 1181a et seq.), shall apply to land 
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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 subpara-
graph (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 In-
dian trust land. 
‘‘(B) ADMINISTRATION.— 
‘‘(i) UNPROCESSED
LOGS.—Unproc-
essed logs harvested from the Coquille For-
est shall be subject to the same Federal 
statutory restrictions on export to foreign 
nations that apply to unprocessed logs har-
vested from Federal land. 
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‘‘(ii) SALES
OF
TIMBER.—Notwith-
standing 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 
(3) by redesignating paragraphs (10) through 
(12) as paragraphs (9) through (11), respectively. 
Æ 
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