Public Law 115 – 103 – Western Oregon Tribal Fairness Act

Last Updated on May 31, 2019 by LawEuro

[115th Congress Public Law 103]
[From the U.S. Government Publishing Office]

[[Page 131 STAT. 2253]]

Public Law 115-103
115th Congress

An Act

To provide for the conveyance of certain Federal land in the State of
Oregon, and for other purposes. <<NOTE: Jan. 8, 2018 – [H.R. 1306]>>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Western Oregon
Tribal Fairness Act.>>
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

[[Page 131 STAT. 2254]]

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) <<NOTE: Deadline.>> 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) <<NOTE: Records.>> 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) <<NOTE: Applicability.>> 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 <<NOTE: Deadline.>> 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) <<NOTE: Effective dates.>> 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.

[[Page 131 STAT. 2255]]

(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. <<NOTE: Deadlines.>> 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) <<NOTE: Federal Register, publication.>> 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.

[[Page 131 STAT. 2256]]

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.

(c) Effective Date.–Subsection (a) shall take effect on the day
after the date <<NOTE: Records.>> 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.

(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) <<NOTE: Applicability.>> 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 <<NOTE: Deadline.>> 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–

[[Page 131 STAT. 2257]]

(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) <<NOTE: Effective dates.>> 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. <<NOTE: Deadlines.>> 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) <<NOTE: Federal Register, publication.>> Maps.–Not later than
3 years after the date of enactment of this Act, the Secretary shall
submit to Congress and publish

[[Page 131 STAT. 2258]]

in the Federal Register one or more maps depicting the land identified
in subsections (a) and (b).

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) <<NOTE: 25 USC 715c.>> 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

[[Page 131 STAT. 2259]]

(3) by redesignating paragraphs (10) through (12) as
paragraphs (9) through (11), respectively.

Approved January 8, 2018.

LEGISLATIVE HISTORY–H.R. 1306:
—————————————————————————

HOUSE REPORTS: No. 115-204 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 163 (2017):
July 11, considered and passed House.
Dec. 21, considered and passed Senate.

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