113 S1415 IS: Canyon Mountain Land Conveyance Act of 2013 U.S. Senate 2013-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS 1st Session S. 1415 IN THE SENATE OF THE UNITED STATES July 31, 2013 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 Canyon Mountain Land Conveyance Act of 2013.

2.

Definitions

In this Act: (1)

Federal land

The term Federal land means the approximately 17,826 acres of Federal land, as generally depicted on the map entitled Canyon Mountain Land Conveyance, and dated June 27, 2013. (2)

Planning area

The term planning area means land— (A)administered by the Director of the Bureau of Land Management; and (B)located in— (i)the Coos Bay District; (ii)the Eugene District; (iii)the Medford District; (iv)the Roseburg District; (v)the Salem District; and (vi)the Klamath Falls Resource Area of the Lakeview District. (3)

Definition of public domain land

(A)

In general

In this subsection, the term public domain land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (B)

Exclusion

The term public domain land does not include any land managed in accordance with the Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.). (4)

Secretary

The term Secretary means the Secretary of the Interior. (5)

Tribe

The term Tribe means the Cow Creek Band of Umpqua Tribe of Indians.

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 Federal land, including any improvements located on the Federal land, appurtenances to the Federal land, and minerals on or in the Federal 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 180 days 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 Federal 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 Federal 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.).

6.

Forest management

Any commercial forestry activity that is carried out on the Federal land shall be managed in accordance with all applicable Federal laws.

7.

Land reclassification

(a)

Identification of Oregon and California Railroad land

Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any land owned by the Oregon and California Railroad that is conveyed 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 that— (1)is approximately equal in acreage and condition as the land identified under subsection (a); and (2)is located within the planning area. (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 land owned by the Oregon and California Railroad. (2)

Applicability

The Act of August 28, 1937 (50 Stat. 874, chapter 876; 43 U.S.C. 1181a et seq.) shall apply to land reclassified as land owned by the Oregon and California Railroad under paragraph (1)(B).