H.R. 5701 – Reading Mode

113th CONGRESS

2d Session

H. R. 5701

IN THE SENATE OF THE UNITED STATES

December 10, 2014

Received

AN ACT

To require that certain Federal lands be held in trust by the United States for the benefit of federally recognized tribes in the State of Oregon, and for other purposes.

Short title

This Act may be cited as the Western Oregon Indian Tribal Lands Act.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Title I—Reservation of Confederated Tribes of the Grand Ronde Community of Oregon

Sec. 101. Additional lands for reservation.

Title II—Oregon Coastal Lands

Sec. 201. Short title.

Sec. 202. Definitions.

Sec. 203. Conveyance.

Sec. 204. Map and legal description.

Sec. 205. Administration.

Sec. 206. Land reclassification.

Title III—Cow Creek Umpqua Land Conveyance

Sec. 301. Short title.

Sec. 302. Definitions.

Sec. 303. Conveyance.

Sec. 304. Map and legal description.

Sec. 305. Administration.

Sec. 306. Land reclassification.

Title IV—Siletz Tribe Indian Restoration Act

Sec. 401. Purpose; clarification.

Sec. 402. Treatment of certain property of the Siletz tribe of the State of Oregon.

Title V—Amendments to Coquille Restoration Act

Sec. 501. Amendments to Coquille Restoration Act.

Reservation of Confederated Tribes of the Grand Ronde Community of Oregon

101.

Additional lands for reservation

Section 1 of the Act entitled An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes, approved September 9, 1988 (Public Law 100–425; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended—

(1)

in subsection (a)—

(A)

by striking Subject to valid and inserting the following:

(1)

In general

Subject to valid

; and

(B)

by adding after paragraph (1) (as designated by subparagraph (A)) the following:

(2)

Additional trust acquisitions

(A)

In general

The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe.

(B)

Treatment of trust land

(i)

Applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition.

(ii)

Any real property taken into trust under this paragraph shall not be eligible, or used, for any Class II or Class III gaming activity carried out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), except for real property within 2 miles of the gaming facility in existence on the date of enactment of this paragraph that is located on State Highway 18 in the Grand Ronde community of Oregon.

(C)

Reservation

All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe.

; and

(2)

in subsection (c)—

(A)

in the matter preceding the table, by striking in subsection (a) are approximately 10,311.60 and inserting in subsection (a)(1) are approximately 11,349.92; and

(B)

in the table—

(i)

by striking the following:

Tax lot 800

5.55

;

and inserting the following:

7, 8, 17, 18

Former tax lot 800, located within the SE ¼ SE ¼ of Section 7; SW ¼ SW ¼ of Section 8; NW ¼ NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18

5.55

;

(ii)

in the acres column of the last item added by section 2(a)(1) of Public Law 103–445 (108 Stat. 4566), by striking 240 and inserting 241.06; and

(iii)

by striking all text after

E ½ NE ¼

43.42

;

and inserting the following:

6	8	1	W ½ SE ¼ SE ¼	20.6
6	8	1	N ½ SW ¼ SE ¼	19.99
6	8	1	SE ¼ NE ¼	9.99
6	8	1	NE ¼ SW ¼	10.46
6	8	1	NE ¼ SW ¼, NW ¼ SW ¼	12.99
6	7	6	SW ¼ NW ¼	37.39
6	7	5	SE ¼ SW ¼	24.87
6	7	5, 8	SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8	109.9
6	8	1	NW ¼ SE ¼	31.32
6	8	1	NE ¼ SW ¼	8.89
6	8	1	SW ¼ NE ¼, NW ¼ NE ¼	78.4
6	7	8, 17	SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17	14.33
6	7	17	NW¼ NW ¼	6.68
6	8	12	SW ¼ NE¼	8.19
6	8	1	SE ¼ SW ¼	2.0
6	8	1	SW ¼ SW ¼	5.05
6	8	12	SE ¼, SW ¼	54.64
6	7	17, 18	SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18	136.83
6	8	1	SW ¼ SE ¼	20.08
6	7	5	NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼	97.38
4	7	31	SE ¼	159.60
6	7	17	NW ¼ NW ¼	3.14
6	8	12	NW ¼ SE ¼	1.10
6	7	8	SW ¼ SW ¼	0.92
6	8	12	NE ¼ NW ¼	1.99
6	7	7	NW ¼ NW ¼ of Section 7; and
6	8	12	S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12	86.48
6	8	12	NE ¼ NW ¼	1.56
6	7	6	W ½ SW ¼ SW ¼ of Section 6; and
6	8	1	E ½ SE ¼ SE ¼ of Section 1	35.82
6	7	5	E ½ NW ¼ SE ¼	19.88
6	8	12	NW ¼ NE ¼	0.29
6	8	1	SE ¼ SW ¼	2.5
6	7	8	NE ¼ NW ¼	7.16
6	8	1	SE ¼ SW ¼	5.5
6	8	1	SE ¼ NW ¼	1.34
			Total	11,349.92

Oregon Coastal Lands

201.

Short title

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

202.

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.

203.

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).

204.

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.

205.

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 203.

(2)

Non-permissible use of land

Any real property taken into trust under section 203 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 203 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 203 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 203, 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.).

206.

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 203.

(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).

III

Cow Creek Umpqua Land Conveyance

301.

Short title

This title may be cited as the Cow Creek Umpqua Land Conveyance Act.

302.

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.

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 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

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 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

(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.

305.

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 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)

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.

306.

Land reclassification

(a)

Identification of Oregon and California railroad grant land

(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

(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).

Siletz Tribe Indian Restoration Act

401.

Purpose; clarification

(a)

Purpose

The purpose of this title is to facilitate fee-to-trust applications for the Siletz Tribe within the geographic area specified in the amendment made by this title.

(b)

Clarification

Except as specifically provided otherwise by this title or the amendment made by this title, nothing in this title or the amendment made by this title, shall prioritize for any purpose the claims of any federally recognized Indian tribe over the claims of any other federally recognized Indian tribe.

402.

Treatment of certain property of the Siletz tribe of the State of Oregon

Section 7 of the Siletz Tribe Indian Restoration Act (25 U.S.C. 711e) is amended by adding at the end the following:

(f)

Treatment of certain property

(1)

In general

(A)

Title

The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1855 Siletz Coast Reservation established by Executive order dated November 9, 1855, comprised of land within the political boundaries of Benton, Douglas, Lane, Lincoln, Tillamook, and Yamhill Counties in the State of Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the tribe.

(B)

Trust

Land to which title is accepted by the Secretary under this paragraph shall be held in trust by the United States for the benefit of the tribe.

(2)

Treatment as part of reservation

All real property that is taken into trust under paragraph (1) shall—

(A)

be considered and evaluated as an on-reservation acquisition under part 151.10 of title 25, Code of Federal Regulations (or successor regulations); and

(B)

become part of the reservation of the tribe.

(3)

Prohibition on gaming

Any real property taken into trust under paragraph (1) shall not be eligible, or used, for any gaming activity carried out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

Amendments to Coquille Restoration Act

501.

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.

Passed the House of Representatives December 9, 2014.

Karen L. Haas,

Clerk