[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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