II
Calendar No. 620
114th CONGRESS
2d Session
S. 815
[Report No. 114–345]
IN THE SENATE OF THE UNITED STATES
March 19, 2015
Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
September 8, 2016
Reported by Ms. Murkowski, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To provide for the conveyance of certain Federal land in the State of Oregon to the Cow Creek Band of Umpqua Tribe of Indians.
Short title
This Act may be cited as the Cow Creek Umpqua Land Conveyance Act
.
Definitions
In this Act:
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.
Tribe
The term Tribe means the Cow Creek Band of Umpqua Tribe of Indians.
Secretary
The term Secretary means the Secretary of the Interior.
Conveyance
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—
held in trust by the United States for the benefit of the Tribe; and
part of the reservation of the Tribe.
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).
Map and legal description
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—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
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.
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.
Administration
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.
Prohibitions
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.
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.).
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.
Land reclassification
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 3.
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—
is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under subsection (a); and
is located in the vicinity of the Oregon and California Railroad grant land.
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).
Reclassification
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.
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).
Short title; table of contents
Short title
This Act may be cited as the Western Oregon Tribal Fairness Act
.
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.
Cow Creek Umpqua Land Conveyance
Definitions
In this title:
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.
Tribe
The term Tribe means the Cow Creek Band of Umpqua Tribe of Indians.
Secretary
The term Secretary means the Secretary of the Interior.
Land to be held in trust
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—
held in trust by the United States for the benefit of the Tribe; and
part of the reservation of the Tribe.
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).
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).
Map and legal description
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—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
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.
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.
Administration
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.
Prohibitions
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.
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.).
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.
Agreements
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.
Reciprocal right-of-way agreements
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.
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.
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.).
Land reclassification
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.
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—
is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under subsection (a); and
is located within the 18 western Oregon and California Railroad grant land counties (other than Klamath County, Oregon).
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 1 or more maps depicting the land identified in subsections (a) and (b).
Reclassification
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.
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).
Oregon Coastal Land Conveyance
Definitions
In this title:
Confederated tribes
The term Confederated Tribes means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians.
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.
Secretary
The term Secretary means the Secretary of the Interior.
Land to be held in trust
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—
held in trust by the United States for the benefit of the Confederated Tribes; and
part of the reservation of the Confederated Tribes.
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).
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).
Map and legal description
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—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
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.
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.
Administration
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.
Prohibitions
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.
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.).
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.
Agreements
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—
access for certain activities, including—
forest management;
timber and rock haul;
road maintenance;
wildland fire protection and management;
cadastral surveys;
wildlife, cultural, and other surveys; and
law enforcement activities;
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
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.
Reciprocal right-of-way agreements
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.
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.
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.).
Land reclassification
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.
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—
is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under subsection (a); and
is located within the 18 western Oregon and California Railroad grant land counties (other than Klamath County, Oregon).
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 1 or more maps depicting the land identified in subsections (a) and (b).
Reclassification
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.
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).
Amendments to Coquille Restoration Act
Amendments to Coquille Restoration Act
Section 5(d) of the Coquille Restoration Act (25 U.S.C. 715c(d)) is amended—
by striking paragraph (5) and inserting the following:
Management
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.
Administration
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.
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.
;
by striking paragraph (9); and
by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively.
September 8, 2016
Reported with an amendment
