Western Oregon Tribal Fairness Act

Bill: 114-s-815
Sponsor: full_name: Sen. Wyden, Ron [D-OR]
Introduced: 2015-03-19
Policy area: Public Lands and Natural Resources
Subjects: Federal-Indian relations

Gambling

Indian lands and resources rights

Land transfers

Oregon
Latest action: action_date: 2016-09-08
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 620.

Summaries:
action_date: 2015-03-19
action_desc: Introduced in Senate
text: <p><b>Cow Creek Umpqua Land Conveyance Act </b></p> <p> Requires all interest of the United States in approximately 17,519 acres of land (Council Creek land) to be held in trust for, and to be part of the reservation of, the Cow Creek Band of Umpqua Tribe of Indians. </p> <p>Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs that are harvested from such land. Prohibits gaming on such land. Requires any forestry activity on such land to be managed in accordance with applicable federal laws. </p> <p>Directs the Department of Agriculture and the Department of the Interior to identify any land conveyed under this Act that is Oregon and California Railroad grant land. Directs Interior to: (1) identify public domain land in Oregon that is approximately equal in acreage and condition to such Oregon and California Railroad grant land, and (2) reclassify the public domain land as Oregon and California Railroad grant land. </p>

action_date: 2016-09-08
action_desc: Reported to Senate with amendment(s)
text: <p><b>Western Oregon Tribal Fairness Act</b></p> <p>TITLE I--COW CREEK UMPQUA LAND CONVEYANCE</p> <p>(Sec. 102) This bill requires that 17,519 acres of land be held in trust for, and be part of the reservation of, the Cow Creek Band of Umpqua Tribe of Indians. This land is taken into trust when the Department of the Interior and the tribe enter an agreement that secures existing Interior access to the land.</p> <p>(Sec. 104) 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.</p> <p>(Sec. 105) Interior must reclassify public domain land as Oregon and California Railroad grant land in equal acreage as grant land held in trust as part of this land.</p> <p><strong></strong>TITLE II--OREGON COASTAL LAND CONVEYANCE</p> <p>(Sec. 202) This bill requires that 14,742 acres of land be held in trust for, and be part of the reservation of, the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. This land is taken into trust when Interior and the tribes enter an agreement that secures existing Interior access to the land and secures access for activities including land management, surveys, and transit of public vehicles.</p> <p>(Sec. 204) 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.</p> <p>(Sec. 205) Interior must reclassify public domain land as Oregon and California Railroad grant land in equal acreage as grant land held in trust as part of this land.<p>TITLE III--AMENDMENTS TO COQUILLE RESTORATION ACT</p> <p>(Sec. 301) 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 this land. Sales of timber from this land must be advertised, offered, and awarded according to competitive bidding practices.</p> <p>This bill strikes 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.</p> <p><strong></strong></p>

tv_txt: II 114th CONGRESS 1st Session S. 815 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 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. Short title This Act may be cited as the Cow Creek Umpqua Land Conveyance Act . 2. Definitions In this Act: (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. 3. 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 1 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). 4. 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 Act, 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. 5. Administration (a) In general Unless expressly provided in this Act, nothing in this Act 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 3 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. 6. 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 3. (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 1 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).

tv_txt: II Calendar No. 620 114th CONGRESS 2d Session S. 815 [Report No. 114–345] 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. Short title This Act may be cited as the Cow Creek Umpqua Land Conveyance Act . 2. Definitions In this Act: (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. 3. 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 1 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). 4. 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 Act, 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. 5. Administration (a) In general Unless expressly provided in this Act, nothing in this Act 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 3 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. 6. 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 3. (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 1 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).

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. I Cow Creek Umpqua Land Conveyance 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. 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). 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. 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. ). 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 1 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). II Oregon Coastal Land Conveyance 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. 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). 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. 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. ). 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 1 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 Amendments to Coquille Restoration Act 301. 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 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.

September 8, 2016 Reported with an amendment