[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 815 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 620
114th CONGRESS
  2d Session
                                 S. 815

                          [Report No. 114-345]

 To provide for the conveyance of certain Federal land in the State of 
        Oregon to the Cow Creek Band of Umpqua Tribe of Indians.


_______________________________________________________________________


                   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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Cow Creek Umpqua Land 
Conveyance Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Tribe.--The term ``Tribe'' means the Cow Creek 
        Band of Umpqua Tribe of Indians.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 3. CONVEYANCE.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) held in trust by the United States for the 
        benefit of the Tribe; and</DELETED>
        <DELETED>    (2) part of the reservation of the 
        Tribe.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 4. MAP AND LEGAL DESCRIPTION.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) the Committee on Energy and Natural Resources 
        of the Senate; and</DELETED>
        <DELETED>    (2) the Committee on Natural Resources of the 
        House of Representatives.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. ADMINISTRATION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Prohibitions.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 6. LAND RECLASSIFICATION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) is approximately equal in acreage and 
        condition as the Oregon and California Railroad grant land 
        identified under subsection (a); and</DELETED>
        <DELETED>    (2) is located in the vicinity of the Oregon and 
        California Railroad grant land.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (d) Reclassification.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>

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 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).

                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 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).

           TITLE III--AMENDMENTS TO COQUILLE RESTORATION ACT

SEC. 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.
                                                       Calendar No. 620

114th CONGRESS

  2d Session

                                 S. 815

                          [Report No. 114-345]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 8, 2016

                       Reported with an amendment