[Congressional Record Volume 161, Number 133 (Wednesday, September 16, 2015)]
[House]
[Pages H6000-H6002]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WESTERN OREGON TRIBAL FAIRNESS ACT
Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2791) to require that certain Federal lands be held in trust
by the United States for the benefit of certain Indian tribes in
Oregon, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2791
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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. Short title.
Sec. 102. Definitions.
Sec. 103. Conveyance.
Sec. 104. Map and legal description.
Sec. 105. Administration.
Sec. 106. Land reclassification.
TITLE II--COQUILLE FOREST FAIRNESS
Sec. 201. Short title.
Sec. 202. Amendments to Coquille Restoration Act.
TITLE III--OREGON COASTAL LANDS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Conveyance.
Sec. 304. Map and legal description.
Sec. 305. Administration.
Sec. 306. Land reclassification.
TITLE I--COW CREEK UMPQUA LAND CONVEYANCE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Cow Creek Umpqua Land
Conveyance Act''.
SEC. 102. 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. 103. 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).
SEC. 104. 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. 105. 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 103 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.
SEC. 106. 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 103.
(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 II--COQUILLE FOREST FAIRNESS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Coquille Forest Fairness
Act''.
SEC. 202. 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.
TITLE III--OREGON COASTAL LANDS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Oregon Coastal Lands
Act''.
SEC. 302. 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. 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 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 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).
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 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. 305. ADMINISTRATION.
(a) In General.--Unless expressly provided in this title,
nothing in this title affects any
[[Page H6001]]
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 303.
(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) Laws Applicable to Commercial Forestry Activity.--Any
commercial forestry activity that is carried out on the
Oregon Coastal land taken into trust under section 303 shall
be managed in accordance with all applicable Federal laws.
(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 303 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 lands that are
acquired or developed under chapter 2003 of title 54, United
States Code (commonly known as the ``Land and Water
Conservation Fund Act of 1965''), consistent with section
200305(f)(3) of that title.
(e) Land Use Planning Requirements.--Except as provided in
subsection (c), once the Oregon Coastal land is taken into
trust under section 303, 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. 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 Confederated Tribes 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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. McClintock) and the gentlewoman from Michigan (Mrs.
Dingell) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I would like to acknowledge the gentlemen from Oregon,
Mr. DeFazio and Mr. Walden, for their hard work on this important piece
of legislation that will benefit several Indian tribes in the State of
Oregon.
H.R. 2791 is a compilation of three stand-alone bills that were
reported out of the Natural Resources Committee and passed by the full
House as part of larger measures during the 113th Congress.
Since I have every confidence that Mr. DeFazio will describe the bill
in detail, I will, at this point, reserve the balance of my time.
Mrs. DINGELL. Mr. Speaker, I yield myself such time as I may consume.
H.R. 2791 is the culmination of years of work to address the wrongs
of the past. The ``termination era'' in Federal Indian policy is one of
the darkest chapters in American history. In Oregon, all but one of the
tribes lost their Federal recognition.
Fortunately, the Federal Government eventually saw the error of their
ways and restored the recognition of the tribes, but they were now left
with nonexistent or inadequate land bases.
H.R. 2791, the Western Oregon Tribal Fairness Act, will go a long way
in helping reestablish long-promised land bases for the Oregon tribes,
while also giving them the ability to effectively manage their land on
their own terms.
Like my colleague, I want to thank our colleagues from Oregon, Mr.
DeFazio and Mr. Walden, for listening to the needs of the Oregon tribal
people and continuing to push for this bipartisan legislation.
All the sections included in this bill passed the House by voice vote
last Congress, and I urge my colleagues to do the same now.
Mr. Speaker, I reserve the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I reserve the balance of my time.
Mrs. DINGELL. Mr. Speaker, I yield such time as he may consume to the
gentleman from Oregon (Mr. DeFazio).
Mr. DeFAZIO. Mr. Speaker, I thank the gentlewoman for both the kind
words and for yielding the time here on the floor. I particularly want
to thank the chairman of the Federal Lands Subcommittee and his words
of support, also, and I thank the committee for sending this bill to
the floor.
The Western Oregon Tribal Fairness Act is a bipartisan, no-cost,
commonsense bill that will go a long way toward helping resolve some of
the problems Federal Government and its haphazard policy shifts have
created for three western Oregon tribes. The bill provides fairness for
three tribes: the Coos, Lower Umpqua, and Siuslaw; the Cow Creek; and
the Coquille.
The bill contains the text of provisions within H.R. 5701, which
passed unanimously last December, but was not enacted into law.
For too long, Federal policies have unfairly disadvantaged Indian
tribes in western Oregon. After signing many treaties with the tribes,
the United States removed them from their original homelands and put
them on only two reservations, established to house potentially more
than 60 tribal governments.
In 1954, Congress made things worse. All tribes west of the Cascades
lost Federal recognition when the Western Oregon Termination Act became
law. Scholars called it the ``termination era.'' It was terrible
Federal Indian policy. It was so bad that it was formally rebuked by
Congress less than 30 years later.
In the 1970s, Congress began the process of restoring the western
Oregon tribes to Federal recognition, cleaning up the mess and
injustice the United States had made.
In fact, I began my congressional career as an original sponsor of
the Coquille Restoration Act, legislation to restore one of Oregon's
terminated tribes; yet, even today, it remains difficult for these
tribes to function as the sovereign nations they are and to govern
themselves effectively. Unlike many tribes, the Coos, Lower Umpqua, and
Siuslaw, as well as the Cow Creek, are deprived of any land held in
trust.
Unlike any other tribe in the United States, the Coquille Indian
Tribe must function under a legal anomaly with regard to its own
forest.
The Western Oregon Tribal Fairness Act makes good on a decades-old
promise to restore land bases for the Coos and Cow Creek tribes, and it
puts the Coquille Indian Tribe's forest on an equal footing with those
of other Indian tribes nationwide.
H.R. 2791 deals only with Oregon issues, Oregon tribes, and Oregon
constituents.
Mr. Speaker, I strongly encourage my colleagues to support the bill.
Mrs. DINGELL. Mr. Speaker, I urge all Members to join us in
supporting this bill.
I yield back the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, my complete faith in Mr. DeFazio's
powers of description was well placed. I endorse his remarks and ask
for adoption of the measure.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. McClintock) that the House suspend the
rules and pass the bill, H.R. 2791.
The question was taken; and (two-thirds being in the affirmative) the
[[Page H6002]]
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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