Title: Western Oregon Tribal Fairness Act
Policy area: Native Americans

Summary:
Western Oregon Tribal Fairness Act
This bill specifies land to become part of the reservations of the Cow Creek Band of Umpqua Tribe of Indians and the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. The land is taken into trust when the Department of the Interior and the tribes enter agreements that secure certain access rights to the land. Federal law applies to the export of unprocessed logs harvested from this land and to forest management on this land. Gaming on this land is prohibited. This land is not subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976 or the Act of August 28, 1937. Interior must reclassify public domain land as Oregon and California Railroad grant land in equal acreage as grant land taken into trust under this bill.
This bill amends the Coquille Restoration Act to remove the requirement that Interior manage the Coquille Forest in accordance with state and federal forestry and environmental protection laws. Federal law applies to the export of unprocessed logs harvested from the Coquille Forest. Sales of timber must be advertised, offered, and awarded according to competitive bidding practices.
The bill repeals a provision giving the U.S. District Court for the District of Oregon jurisdiction over certain actions concerning the Coquille Forest and limiting remedies to equitable relief.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 508 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 508

 To provide for the conveyance of certain Federal land in the State of 
                    Oregon, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2017

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

_______________________________________________________________________

                                 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 Representatives 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.
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 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 effect 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 Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (b) Force and Effect.--The map and legal description 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 errors in the map or legal description.
    (c) Public Availability.--The map and legal description filed under 
subsection (a) shall be on file and available for public inspection in 
the Office of the Secretary.

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.--Federal law (including 
        regulations) relating to the export 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 be managed in accordance 
with all applicable Federal laws.
    (d) Agreements.--
            (1) Memorandum of agreement for administrative 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 agreements.--
                    (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 Council Creek land in existence as of 
                the date of enactment 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 agreements referred to in subparagraph 
                (A) in perpetuity.
    (e) Land Use Planning Requirements.--Except as provided in 
subsection (c), once the Council Creek land is taken into trust under 
section 102, the Council Creek 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. 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 Agriculture 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 condition 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 Congress 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 opportunity for public 
        comment, the Secretary shall reclassify the land identified in 
        subsection (b) as Oregon 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 ``Confederated Tribes'' 
        means the Confederated Tribes of Coos, Lower Umpqua, and 
        Siuslaw Indians.
            (2) Oregon coastal land.--The term ``Oregon Coastal land'' 
        means the approximately 14,742 acres of land, as generally 
        depicted on the map entitled ``Oregon Coastal Land Conveyance'' 
        and dated July 11, 2016.
            (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, including 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 effect 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 map and legal description of 
the Oregon Coastal land with--
            (1) the Committee on Energy and Natural Resources of the 
        Senate; and
            (2) the Committee on Natural Resources of the House of 
        Representatives.
    (b) Force and Effect.--The map and legal description 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 errors in the map or legal description.
    (c) Public Availability.--The map and legal description filed under 
subsection (a) shall be on file and available for public inspection in 
the Office of the Secretary.

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.--Federal law (including 
        regulations) relating to the export of unprocessed logs 
        harvested from Federal land shall apply to any unprocessed logs 
        that are 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 administrative 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 
        Confederated Tribes that secures existing administrative access 
        by the Secretary to the Oregon Coastal land and that provides 
        for--
                    (A) access for certain activities, including--
                            (i) forest management;
                            (ii) timber and rock haul;
                            (iii) road maintenance;
                            (iv) wildland fire protection and 
                        management;
                            (v) cadastral surveys;
                            (vi) wildlife, cultural, and other surveys; 
                        and
                            (vii) law enforcement activities;
                    (B) the management of the Oregon Coastal land that 
                is acquired or developed under chapter 2003 of title 
                54, United States Code, consistent 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 described in section 
                201(2), subject to the requirement that if the Bureau 
                of Land Management 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 agreements.--
                    (A) In general.--On the date on which the agreement 
                is entered into under paragraph (1), the Secretary 
                shall provide to the Confederated Tribes all reciprocal 
                right-of-way agreements 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 Confederated Tribes shall continue the 
                access provided by the reciprocal right-of-way 
                agreements referred 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 Agriculture 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 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 condition 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 Congress 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 opportunity for public 
        comment, the Secretary shall reclassify the land identified in 
        subsection (b) as Oregon 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 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 subparagraph (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 Indian trust land.
                    ``(B) Administration.--
                            ``(i) Unprocessed logs.--Unprocessed logs 
                        harvested from the Coquille Forest shall be 
                        subject to the same Federal statutory 
                        restrictions on export to foreign nations that 
                        apply to unprocessed logs harvested from 
                        Federal land.
                            ``(ii) Sales of timber.--Notwithstanding 
                        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.
                                 <all>