[Congressional Record Volume 159, Number 112 (Wednesday, July 31, 2013)]
[Senate]
[Pages S6130-S6131]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 1414. A bill to provide for the conveyance of certain Federal land 
in the State of Oregon to the Confederated Tribes of Coos, Lower 
Umpqua, and Siuslaw Indians; to the Committee on Energy and Natural 
Resources.
  Mr. WYDEN. Mr. President, today I rise to introduce two bills that 
are aimed at righting past wrongs and fostering the self-sufficiency of 
proud nations. The Canyon Mountain Land Conveyance Act of 2013 and the 
Oregon Coastal Land Conveyance Act will provide homelands for the Cow 
Creek Band of Umpqua Tribe of Indians and the Confederated Tribes of 
Coos, Lower Umpqua, and Siuslaw Indians, respectively--two tribes that 
are currently without a land base or that have only a nominal land 
base. I am pleased to be joined in this effort by my friend and 
colleague, Senator Merkley.
  Our country's official policies toward its native peoples have 
changed over time since the founding of the United States. When 
European settlers came to American shores, they recognized that the 
lands on which our Nation now sits were occupied by millions of people 
organized by hundreds of governments, and these European colonial 
powers respected these governments as fellow sovereigns. In the late 
1700's, when our great Nation was born, it followed suit, making 
treaties with the governments of the various tribes and aiming to get 
along with them to ensure peace and prosperity for all. As our Nation 
became more powerful, its policies toward Native peoples and 
governments shifted with the political tides of those times. If you 
examine history books, some of the darkest episodes in our history can 
be found in the chapters written about our federal government's 
treatment of the first Americans.
  Our Nation's past is littered with failed policies toward its first 
peoples, and one of those failed policies--that to which scholars refer 
to as, ``Termination''--had a profoundly negative impact on my State. 
During the 1950's, the federal government was not in the business of 
honoring the treaties it made with the Indian tribes nor was it 
interested in living up to its trust responsibility toward its first 
peoples. Importantly, and as an aside, the tribes had bargained for 
these rights in exchange for the millions of acres of lands ceded to 
the United States to enable our westward expansion. At that time, our 
official Federal stance was focused on terminating the government-to-
government relationships between tribal governments and the United 
States. In my own State of Oregon, several tribes west of the Cascade 
Mountains were terminated, including the two that are the subjects of 
the bills I am introducing today. The Termination Era had tragic 
effects on those tribes that lost Federal recognition. Members of 
terminated tribes struggled to retain their cultural and religious 
identities and to survive in a new landscape in which federal programs 
for their health, education, and housing did not exist.
  The Termination Era was such a disaster that the Federal Government 
formally rebuked it a mere twenty years later when Presidents Johnson 
an Nixon ushered in the Self-Determination Era. Now, our Federal stance 
toward tribes is one that respects tribal sovereignty and supports a 
tribe's right to determine its own destiny while at the same time, 
fulfilling our duty as trustee to the various tribes. Our Federal 
policy of self-determination has been lauded by scholars as being the 
only Federal Indian policy that has succeeded in benefitting our native 
peoples. Self-Determination Era policies have resulted in an economic 
boom all over Indian Country as tribes have used Federal assistance to 
create jobs for Indians and non-Indians alike all across the Nation, 
much of the time in rural areas where economic opportunities would 
otherwise not exist. Many of the tribes in my State, for instance, have 
been able to build their economies, become more self-sufficient and 
provide valuable goods and services as well as jobs to surrounding 
community members.
  For a tribe to fully exercise its governmental powers--to protect and 
nurture its members, to retain its cultural and religious heritage, and 
to grow its economy--it needs a land base. Even though the Cow Creek 
and Coos tribes were restored to Federal recognition in the 1980's, 
they still have not been given back any of their former land from which 
they can exercise their inherent authority as sovereigns. My bills 
would provide home bases for these tribes from which they can flourish.
  The bills I am introducing today convey 17,826 and 14,804 acres of 
land that is now managed by the Bureau of Land Management, to the 
Secretary of the Interior to hold in trust for the Cow Creek Band of 
Umpqua Tribe of Indians and the Confederated Tribes of Coos, Lower 
Umpqua, and Siuslaw Indians, respectively. The bills specify that 
commercial forestry activities taking place on the land must be done 
pursuant to all applicable federal laws, and because both of the tribes 
already own casinos, they specify that the land cannot be used for 
gaming purposes. Lastly, to address the concerns of counties over lost 
timber revenues from the Oregon and California Railroad lands within 
the conveyances, the bills contain provisions ensuring there will be no 
net loss of O&C lands to the counties.
  I want to thank the tribes, counties, and other stakeholders for 
working together to find the common ground which made these bills a 
reality.
  Mr. President, I ask unanimous consent that the text of the bills be 
printed in the Record.
  There being no objection, the text of the bills were ordered to be 
printed in the Record, as follows:

                                S. 1414

       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 ``Oregon Coastal Land 
     Conveyance Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Federal land.--The term ``Federal land'' means the 
     approximately 14,804 acres of Federal land, as generally 
     depicted on the map entitled ``Oregon Coastal Land 
     Conveyance'', and dated March 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 Confederated 
     Tribes of Coos, Lower Umpqua, and Siuslaw Indians.

     SEC. 3. CONVEYANCE.

       (a) In General.--Subject to valid existing rights, 
     including rights-of-way, all right,

[[Page S6131]]

     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).

     SEC. 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.

     SEC. 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.).

     SEC. 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.

     SEC. 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).

                                S. 1415

       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 ``Canyon Mountain Land 
     Conveyance Act of 2013''.

     SEC. 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.

     SEC. 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).

     SEC. 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.

     SEC. 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.).

     SEC. 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.

     SEC. 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).

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