[Congressional Record (Bound Edition), Volume 163 (2017), Part 7]
[House]
[Pages 10340-10342]
[From the U.S. 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

[[Page 10341]]

     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 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.

[[Page 10342]]

       ``(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 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 tribes 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.

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