[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5701 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5701

 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.


_______________________________________________________________________


                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Western Oregon Indian Tribal Lands 
Act''.

SEC. 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.

    TITLE I--RESERVATION OF CONFEDERATED TRIBES OF THE GRAND RONDE 
                          COMMUNITY OF OREGON

SEC. 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,    Former tax lot 800, located         5.55'';
                     17, 18   within the SE \1/4\ SE \1/
                              4\ of Section 7; SW \1/4\
                              SW \1/4\ of Section 8; NW
                              \1/4\ NW \1/4\ of Section
                              17; and NE \1/4\ NE \1/4\
                              of Section 18
 

                            (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 \1/2\ NE \1/4\                   43.42'';
 

                            and inserting the following:


``6                  8   1           W \1/2\ SE \1/4\ SE            20.6
                                     \1/4\
6                    8   1          N \1/2\ SW \1/4\ SE            19.99
                                     \1/4\
6                    8   1          SE \1/4\ NE \1/4\               9.99
6                    8   1          NE \1/4\ SW \1/4\              10.46
6                    8   1          NE \1/4\ SW \1/4\,             12.99
                                     NW \1/4\ SW \1/4\
6                    7   6          SW \1/4\ NW \1/4\              37.39
6                    7   5          SE \1/4\ SW \1/4\              24.87
6                    7   5, 8       SW \1/4\ SE \1/4\ of           109.9
                                     Section 5; and NE
                                     \1/4\ NE \1/4\, NW
                                     \1/4\ NE \1/4\, NE
                                     \1/4\ NW \1/4\ of
                                     Section 8
6                    8   1           NW \1/4\ SE \1/4\             31.32
6                    8   1           NE \1/4\ SW \1/4\              8.89
6                    8   1          SW \1/4\ NE \1/4\,              78.4
                                     NW \1/4\ NE \1/4\
6                    7   8, 17      SW \1/4\ SW \1/4\ of           14.33
                                     Section 8; and NE
                                     \1/4\ NW \1/4\, NW
                                     \1/4\ NW \1/4\ of
                                     Section 17
6                    7   17         NW\1/4\ NW \1/4\                6.68
6                    8   12         SW \1/4\ NE\1/4\                8.19
6                    8   1          SE \1/4\ SW \1/4\                2.0
6                    8   1          SW \1/4\ SW \1/4\               5.05
6                    8   12         SE \1/4\, SW \1/4\             54.64
6                    7   17, 18     SW \1/4\, NW \1/4\            136.83
                                     of Section 17; and
                                     SE \1/4\, NE \1/4\
                                     of Section 18
6                    8   1          SW \1/4\ SE \1/4\              20.08
6                    7   5          NE \1/4\ SE \1/4\,             97.38
                                     SE \1/4\ SE \1/4\,
                                     E \1/2\ SE \1/4\ SW
                                     \1/4\
4                    7   31         SE \1/4\                      159.60
6                    7   17         NW \1/4\ NW \1/4\               3.14
6                    8   12         NW \1/4\ SE \1/4\               1.10
6                    7   8          SW \1/4\ SW \1/4\               0.92
6                    8   12         NE \1/4\ NW \1/4\               1.99
6                    7   7          NW \1/4\ NW \1/4\ of
                                     Section 7; and
6                    8   12         S \1/2\ NE \1/4\, E            86.48
                                     \1/2\ NE \1/4\ NE
                                     \1/4\ of Section 12
6                    8   12         NE \1/4\ NW \1/4\               1.56
6                    7   6          W \1/2\ SW \1/4\ SW
                                     \1/4\ of Section 6;
                                     and
6                    8   1          E \1/2\ SE \1/4\ SE            35.82
                                     \1/4\ of Section 1
6                    7   5          E \1/2\ NW \1/4\ SE            19.88
                                     \1/4\
6                    8   12         NW \1/4\ NE \1/4\               0.29
6                    8   1          SE \1/4\ SW \1/4\                2.5
6                    7   8          NE \1/4\ NW \1/4\               7.16
6                    8   1          SE \1/4\ SW \1/4\                5.5
6                    8   1          SE \1/4\ NW \1/4\               1.34
                         .........        Total             11,349.92''.
 

                     TITLE II--OREGON COASTAL LANDS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Oregon Coastal Lands Act''.

SEC. 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.

SEC. 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).

SEC. 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.

SEC. 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.).

SEC. 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).

              TITLE III--COW CREEK UMPQUA LAND CONVEYANCE

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Cow Creek Umpqua Land Conveyance 
Act''.

SEC. 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.

SEC. 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).

SEC. 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.

SEC. 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.).

SEC. 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).

             TITLE IV--SILETZ TRIBE INDIAN RESTORATION ACT

SEC. 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.

SEC. 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.).''.

            TITLE V--AMENDMENTS TO COQUILLE RESTORATION ACT

SEC. 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.''.
                                 <all>