H.R. 5511 – Reading Mode

113th CONGRESS

2d Session

H. R. 5511

IN THE HOUSE OF REPRESENTATIVES

September 17, 2014

Mr. DeFazio introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To require that certain Federal lands be held in trust by the United States for the benefit of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, and for other purposes.

Short title

This Act may be cited as the Oregon Coastal Lands Act.

Definitions

In this Act:

(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.

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 one 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

(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 Act, 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.

Administration

(a)

In general

Unless expressly provided in this Act, nothing in this Act 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 3.

(2)

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.).

(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 3 shall be managed in accordance with all applicable Federal laws, including the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.).

(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 3 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 land that are acquired or developed under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.), consistent with section 8(f)(3) of that Act (162 U.S.C. 460l–8(f)(3)).

(e)

Land use planning requirements

Except as provided in subsection (c), once the Oregon Coastal land is taken into trust under section 3, 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.).

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 3.

(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).