I 113th CONGRESS 2d Session H. R. 5701 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. Short title This Act may be cited as the Western Oregon Indian Tribal Lands Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. 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. I Reservation of Confederated Tribes of the Grand Ronde Community of Oregon 101. Additional lands for reservation Section 1 of the Act entitled An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes, approved September 9, 1988 ( Public Law 100–425 ; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended— (1) in subsection (a)— (A) by striking Subject to valid and inserting the following: (1) In general Subject to valid ; and (B) by adding after paragraph (1) (as designated by subparagraph (A)) the following: (2) Additional trust acquisitions (A) In general The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. (B) Treatment of trust land (i) Applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition. (ii) Any real property taken into trust under this paragraph shall not be eligible, or used, for any Class II or Class III gaming activity carried out under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ), except for real property within 2 miles of the gaming facility in existence on the date of enactment of this paragraph that is located on State Highway 18 in the Grand Ronde community of Oregon. (C) Reservation All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe. ; and (2) in subsection (c)— (A) in the matter preceding the table, by striking in subsection (a) are approximately 10,311.60 and inserting in subsection (a)(1) are approximately 11,349.92 ; and (B) in the table— (i) by striking the following: 6 7 8 Tax lot 800 5.55 ; and inserting the following: 6 7 7, 8, 17, 18 Former tax lot 800, located within the SE ¼ SE ¼ of Section 7; SW ¼ SW ¼ of Section 8; NW ¼ NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18 5.55 ; (ii) in the acres column of the last item added by section 2(a)(1) of Public Law 103–445 (108 Stat. 4566), by striking 240 and inserting 241.06 ; and (iii) by striking all text after 6 7 18 E ½ NE ¼ 43.42 ; and inserting the following: 6 8 1 W ½ SE ¼ SE ¼ 20.6 6 8 1 N ½ SW ¼ SE ¼ 19.99 6 8 1 SE ¼ NE ¼ 9.99 6 8 1 NE ¼ SW ¼ 10.46 6 8 1 NE ¼ SW ¼, NW ¼ SW ¼ 12.99 6 7 6 SW ¼ NW ¼ 37.39 6 7 5 SE ¼ SW ¼ 24.87 6 7 5, 8 SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8 109.9 6 8 1 NW ¼ SE ¼ 31.32 6 8 1 NE ¼ SW ¼ 8.89 6 8 1 SW ¼ NE ¼, NW ¼ NE ¼ 78.4 6 7 8, 17 SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17 14.33 6 7 17 NW¼ NW ¼ 6.68 6 8 12 SW ¼ NE¼ 8.19 6 8 1 SE ¼ SW ¼ 2.0 6 8 1 SW ¼ SW ¼ 5.05 6 8 12 SE ¼, SW ¼ 54.64 6 7 17, 18 SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18 136.83 6 8 1 SW ¼ SE ¼ 20.08 6 7 5 NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼ 97.38 4 7 31 SE ¼ 159.60 6 7 17 NW ¼ NW ¼ 3.14 6 8 12 NW ¼ SE ¼ 1.10 6 7 8 SW ¼ SW ¼ 0.92 6 8 12 NE ¼ NW ¼ 1.99 6 7 7 NW ¼ NW ¼ of Section 7; and 6 8 12 S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12 86.48 6 8 12 NE ¼ NW ¼ 1.56 6 7 6 W ½ SW ¼ SW ¼ of Section 6; and 6 8 1 E ½ SE ¼ SE ¼ of Section 1 35.82 6 7 5 E ½ NW ¼ SE ¼ 19.88 6 8 12 NW ¼ NE ¼ 0.29 6 8 1 SE ¼ SW ¼ 2.5 6 7 8 NE ¼ NW ¼ 7.16 6 8 1 SE ¼ SW ¼ 5.5 6 8 1 SE ¼ NW ¼ 1.34    Total 11,349.92 . II Oregon Coastal Lands 201. Short title This title may be cited as the Oregon Coastal Lands Act . 202. 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 14,408 acres of land, as generally depicted on the map entitled Oregon Coastal Land Conveyance and dated March 27, 2013. (3) Secretary The term Secretary means the Secretary of the Interior. 203. Conveyance (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 one year after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 204. 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. 205. 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 203. (2) Non-permissible use of land Any real property taken into trust under section 203 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) Laws applicable to commercial forestry activity Any commercial forestry activity that is carried out on the Oregon Coastal land taken into trust under section 203 shall be managed in accordance with all applicable Federal laws, including the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. ). (d) Agreements The Confederated Tribes shall consult with the Secretary and other parties as necessary to develop agreements to provide for access to the Oregon Coastal land taken into trust under section 203 that provide for— (1) honoring existing reciprocal right-of-way agreements; (2) administrative access by the Bureau of Land Management; and (3) management of the Oregon Coastal land that are acquired or developed under the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–4 et seq. ), consistent with section 8(f)(3) of that Act ( 162 U.S.C. 460l–8(f)(3) ). (e) Land use planning requirements Except as provided in subsection (c), once the Oregon Coastal land is taken into trust under section 203, the 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.). 206. 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 203. (b) Identification of public domain land Not later than 18 months 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 in the vicinity of the Oregon and California Railroad grant land. (c) Maps Not later than 2 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). III Cow Creek Umpqua Land Conveyance 301. Short title This title may be cited as the Cow Creek Umpqua Land Conveyance Act . 302. 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 June 27, 2013. (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. 303. Conveyance (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 one year after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 304. 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. 305. 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 303 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, including the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. ). 306. 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 303. (b) Identification of public domain land Not later than 18 months 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 in the vicinity of the Oregon and California Railroad grant land. (c) Maps Not later than 2 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). IV Siletz Tribe Indian Restoration Act 401. Purpose; clarification (a) Purpose The purpose of this title is to facilitate fee-to-trust applications for the Siletz Tribe within the geographic area specified in the amendment made by this title. (b) Clarification Except as specifically provided otherwise by this title or the amendment made by this title, nothing in this title or the amendment made by this title, shall prioritize for any purpose the claims of any federally recognized Indian tribe over the claims of any other federally recognized Indian tribe. 402. Treatment of certain property of the Siletz tribe of the State of Oregon Section 7 of the Siletz Tribe Indian Restoration Act ( 25 U.S.C. 711e ) is amended by adding at the end the following: (f) Treatment of certain property (1) In general (A) Title The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1855 Siletz Coast Reservation established by Executive order dated November 9, 1855, comprised of land within the political boundaries of Benton, Douglas, Lane, Lincoln, Tillamook, and Yamhill Counties in the State of Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the tribe. (B) Trust Land to which title is accepted by the Secretary under this paragraph shall be held in trust by the United States for the benefit of the tribe. (2) Treatment as part of reservation All real property that is taken into trust under paragraph (1) shall— (A) be considered and evaluated as an on-reservation acquisition under part 151.10 of title 25, Code of Federal Regulations (or successor regulations); and (B) become part of the reservation of the tribe. (3) Prohibition on gaming Any real property taken into trust under paragraph (1) shall not be eligible, or used, for any gaming activity carried out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). . V Amendments to Coquille Restoration Act 501. Amendments to Coquille Restoration Act Section 5(d) of the Coquille Restoration Act ( 25 U.S.C. 715c(d) ) 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— (i) manage the Coquille Forest in accordance with the laws pertaining to the management of Indian trust land; and (ii) distribute revenues in accordance with the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.). (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. ; and (2) by amending paragraph (9) to read as follows: (9) Jurisdiction The United States District Court for the District of Oregon shall have jurisdiction over actions against the Secretary arising out of claims that this subsection has been violated, including actions between the State of Oregon and the Tribe arising out of claims of breach of the MOA. Unless otherwise provided for by law, remedies available under this subsection shall be limited to equitable relief and shall not include damages. .