[Congressional Record Volume 163, Number 116 (Tuesday, July 11, 2017)]
[House]
[Pages H5412-H5414]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WESTERN OREGON TRIBAL FAIRNESS ACT
Mr. LaHOOD. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1306) to provide for the conveyance of certain Federal land
in the State of Oregon, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1306
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. 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 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--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
[[Page H5413]]
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 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--AMENDMENTS TO COQUILLE RESTORATION ACT
SEC. 301. AMENDMENTS TO COQUILLE RESTORATION ACT.
Section 5(d) of the Coquille Restoration Act (Public Law
101-42; 103 Stat. 92, 110 Stat. 3009-537) 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. LaHood) and the gentleman from California (Mr. Panetta)
each will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. LaHOOD. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. LaHOOD. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would first like to acknowledge the gentlemen from
Oregon, Mr. DeFazio and Mr. Walden, for their hard work on this
important piece of legislation, which will benefit several Indian
Tribes in the State of Oregon.
{time} 1715
H.R. 1306 benefits three recognized Tribes in western Oregon by
conveying publicly-owned forestlands to two of them, and to improve the
management of forestlands currently held in trust for a third Tribe.
Various iterations of H.R. 1306 have been considered multiple times
in previous Congresses, and nearly identical bills benefiting some or
all of these Tribes were passed by the House in the 113th and 114th
Congresses.
Title I of H.R. 1306 would place title to approximately 17,519 acres
of public land in Oregon in trust for the benefit of the Cow Creek
Umpqua Tribe. Lands to be held in trust under this section are depicted
on a specific map, and the conveyance of the land in trust shall be
subject to valid existing rights.
A substantial amount of the public land placed in trust for the Tribe
is currently part of the Oregon and California railroad land grant,
managed by the Bureau of Land Management.
Under title I, the Secretary is required to reclassify an equal
acreage of public domain land located in the vicinity of the land given
to the Tribe, as O&C land.
Land placed in trust by the Tribe under title I may not be used for
gambling under the Indian Gaming Regulatory Act, and timber harvested
from such land shall be subject to Federal law restricting the export
of unprocessed logs.
Title II of the bill would provide that seven tracts of land
currently managed by the Bureau of Land Management, totaling 14,742
acres, be held in trust for the benefit of the Confederated Tribes of
the Coos, Lower Umpqua, and Siuslaw Indians.
The parcels so transferred are located in western Oregon's Coos,
Douglas, Benton, and Lane Counties, and include tracts such as the Coos
Head, the Talbot Allotment, and the Umpqua Eden parcels, which are of
particular cultural significance to the Tribes, as well as areas which
are managed for timber production.
Title III would correct a situation with respect to the management of
the Coquille Tribal Forest in Oregon. This forest has been regulated as
part of the Northwest Forest Plan, which is inconsistent with the
management of other tribally-managed forests in the United States.
Under this title, the Coquille Tribe would manage its forest under the
National Indian Forest Resources Management Act. This will improve the
Tribe's ability to manage its timber resources.
Mr. Speaker, I urge adoption of this measure, and I reserve the
balance of my time.
Mr. PANETTA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 1306 is a 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 Tribes, but they were now left with nonexistent
or inadequate land bases.
H.R. 1306, the Western Oregon Tribal Fairness Act, will go a long way
in
[[Page H5414]]
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.
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 this bipartisan legislation.
The previous version of this bill passed the House by voice vote last
Congress, and I now urge my colleagues to do the same.
Mr. Speaker, I yield back the balance of my time.
Mr. LaHOOD. Mr. Speaker, I urge adoption of the legislation, and I
yield back the balance of my time.
Mr. DeFAZIO. Mr. Speaker, due to flight delays, I was unable to speak
on the floor in support of my legislation.
The Western Oregon Tribal Fairness Act is a bipartisan, no-cost,
common sense bill that will go a long way to helping resolve some of
the problems the Federal government and its haphazard policy shifts
have created for three western Oregon tribes.
The bill provides fairness for the Confederated Tribes of the Coos,
Lower Umpqua and Siuslaw, the Cow Creek Band of Umpqua Tribe of
Indians, and the Coquille Indian Tribe.
Provisions of this bill were passed by voice vote in both the 113th
and 114th Congresses. I hope this Congress it can finally become law.
The tribes have waited entirely too long to receive the fairness owed
to them.
For over a hundred years 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 even worse. All tribes west of the
Cascades lost federal recognition when the Western Oregon Termination
Act became law.
Scholars called it The Termination Era, and it was terrible federal
Indian policy. It was so bad, that it was formally rebuked by Congress
less than 30 years later.
In the 1970's, Congress began the process of restoring the Western
Oregon tribes to federal recognition and cleaning up the mess and
injustice the United States had made.
In fact, I began my Congressional career as the original sponsor of
the Coquille Restoration Act, now law, which restored one of Oregon's
terminated tribes.
Yet even today, it remains difficult for these tibes to function as
the sovereign nations they are and to govern themselves effectively.
Unlike many tribes, the Confederated Tribes of the Coos, Lower Umpqua
and Siuslaw Tribe, as well as the Cow Creek Band of Umpqua Tribe of
Indians, 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 managing its
forest.
The Western Oregon Tribal Fairness Act makes good on decades-old
promises to restore land bases for the Coos and Cow Creek Tribes, and
it puts the Coquille Indian Tribe's forest management on equal footing
with those of other Indian tribes nationwide.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. LaHood) that the House suspend the rules
and pass the bill, H.R. 1306.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________