[Senate Report 114-345]
[From the U.S. Government Publishing Office]
Calendar No. 620
114th Congress } { Report
SENATE
2d Session } { 114-345
======================================================================
WESTERN OREGON TRIBAL FAIRNESS ACT
_______
September 8, 2016.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 815]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 815) to provide for the conveyance of
certain Federal land in the State of Oregon to the Cow Creek
Band of Umpqua Tribe of Indians, having considered the same,
reports favorably thereon with an amendment in the nature of a
substitute and recommends that the bill, as amended, do pass.
The amendment is as follows:
1. Strike all after the enacting clause and insert the
following:
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 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 1 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 1 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 (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.
Purpose
The purpose of S. 815, as introduced, is to provide for the
conveyance of certain Federal land in the State of Oregon to
the Cow Creek Band of Umpqua Tribe of Indians.
Background and Need
TITLE I--COW CREEK UMPQUA LAND CONVEYANCE
The Cow Creek Umpqua Tribe and its reservation are located
in Canyonville, Oregon, along Interstate 5. The Tribe was the
second in the state to sign a treaty with the United States in
1853, which the Senate ratified in 1854. According to the
Tribe, its ancestral lands included territory between the
Cascade Mountains and the Coast Ranges in southwestern Oregon
along the South Umpqua River and its primary feeder stream, Cow
Creek.
The United States formally terminated the Tribe through the
Western Oregon Indian Termination Act of 1954 (``Termination
Act,'' Public Law 588, Chapter 733, 68 Stat. 724). This Act
also terminated over 60 other tribes in Oregon. The
``Termination Era,'' as it became known, had a profound effect
on Oregon Indian Tribes. When a tribe was terminated, it lost
its recognized status as a sovereign entity, it lost its land
base, and its members lost access to federal programs.
In the decades following the Termination Era, the Tribe
continued to stay in its ancestral homelands. In 1982, Congress
restored federal recognition of the Cow Creek Band of Umpqua
Tribe of Indians by Public Law 97-391. The Tribe's ancestral
lands, however, were not returned. Instead, the Tribe
maintained the expectation that, at some point in the future,
it would be eligible to receive lands to serve as its
reservation and from which it would be able to build its
economy and exercise its authority as a sovereign government.
Today the Tribe has approximately 4,471 acres of land held
in trust. The Tribe has used this land to operate the tribal
government and tribally-owned businesses, which include Umpqua
Indian Foods, the Seven Feathers Casino and Resort, the Umpqua
Business Center, and the K Bar Ranch. These enterprises are
operated by the Umpqua Indian Development Corporation, a tribal
corporation chartered under section 17 of the Indian
Reorganization Act (25 U.S.C. 477).
S. 815 would take into trust approximately 17,519 acres of
public land in Oregon for the benefit of the Cow Creek Umpqua
Tribe. The lands to be taken into trust are located in
southwest Oregon and would be used to restore and expand the
historic and economic base for the Tribe to include timber
production. The conveyance of the land in trust will be subject
to valid existing rights, including all reciprocal rights-of-
way agreements. As a condition precedent to the land being
taken into trust, the Secretary and the Tribe must enter into a
memorandum of agreement (MOA) regarding administrative access
for the Bureau of Land Management (BLM). A substantial amount
of the public land placed in trust for the Tribe is currently
part of the Oregon & California (O&C) railroad land grant,
managed by the BLM. The Secretary of the Interior is required
to reclassify as O&C land an equal acreage of public domain
land located in the vicinity of the land given to the Tribe.
Land placed in trust for the Tribe may not be used for
gambling under the Indian Gaming Regulatory Act of 1988 (25
U.S.C. 2701 et seq.), and timber harvested from such land shall
be subject to federal law restricting the export of unprocessed
logs.
TITLE II--OREGON COASTAL LANDS
The Confederated Tribes of Coos, Lower Umpqua, and Siuslaw
Indians are the aboriginal inhabitants of the central and
south-central coast of Oregon. After initial contact with fur
traders in the early 1800s, these tribes along the Oregon coast
negotiated a treaty with the United States in 1855; however,
the treaty was never ratified nor the terms fully realized.
In 1940, six acres located 100 miles southwest of Eugene,
Oregon, were bestowed to the Tribes by a non-Indian; later
these lands were placed into trust by the Department of the
Interior. These six acres constituted the Tribes' reservation.
The United States formally terminated the Confederated
Tribes of Coos, Lower Umpqua, and Siuslaw Indians through the
Termination Act. In 1984, the federal recognition of the
Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians
was restored by Public Law 98-481. Under that Act, several
parcels of land in Coos County and Curry County in Oregon were
taken into trust to establish a reservation for the Tribes. In
1998, Congress placed an additional tract of land into trust
for the Tribes under Public Law 105-256. Today, the Tribes have
153 acres held in trust by the United States. Over the years
the Tribes have acquired land through donations and purchases,
including 98 acres of restored land along Highway 126 in
Florence, Oregon, where the Three Rivers casino is located.
S. 815 would take into trust approximately 14,742 acres of
public land for the benefit of the Confederated Tribes of the
Coos, Lower Umpqua, and Siuslaw Indians. The parcels to be
taken into trust are located in western Oregon's Coos, Douglas,
Benton, and Lane Counties, and include tracts such as the Coos
Head, Talbot Allotment, and Umpqua Eden parcels, which are of
particular cultural significance to the Tribes, as well as
areas such as the Lower Smith River and Tioga tracts to be
managed for timber production.
As a condition precedent to the land being taken into
trust, the Secretary and the Tribes shall enter into a MOA
regarding administrative access for the BLM. A substantial
amount of the public land placed in trust for the tribe is
currently part of the O&C railroad land grant, managed by the
BLM. The Secretary of the Interior is required to reclassify as
O&C land an equal acreage of public domain land located in the
vicinity of the land given to the Tribe.
Land placed in trust for the Tribe may not be used for
gambling under the Indian Gaming Regulatory Act of 1988 (25
U.S.C. 2701 et seq.), and timber harvested from such land shall
be subject to federal law restricting the export of unprocessed
logs.
TITLE III--COQUILLE FOREST FAIRNESS
The Coquille Indian Tribe is located in Coos Bay/North
Bend, Oregon, along the southern coast. After negotiating but
failing to ratify a treaty with the Coquilles in the 1850s, the
United States sought to forcibly relocate the Coquille people
to the Coast (Siletz) reservation. A number of families,
however, resisted relocation and stayed on their aboriginal
lands. Others made escapes from their confinement on the Coast
Reservation to return to their ancestral homelands. The
homelands they returned to were in the process of irrevocable
alteration.
The United States formally terminated the Coquille Indian
Tribe through the Termination Act. In 1989, the Coquille
Restoration Act (Public Law 101-42, 25 U.S.C. 715c) restored
federal recognition of the Coquille Indian Tribe and directed
the Secretary of the Interior to develop a plan for the Tribe's
self-sufficiency. The Secretary later adopted a plan that has
as its self-described ``cornerstone'' the restoration of 59,000
acres of the Tribe's ancestral lands. The Secretary ultimately
transferred only one tenth of the amount required by the Self-
Sufficiency Plan (5,410 acres). These lands are referred to as
the ``Coquille Forest.''
Coquille tribal forestlands generate timber revenues that
are an essential component of the goal shared by the Tribe and
Congress for Coquille tribal self-governance. Reasonably
consistent and predictable timber revenues are critical for the
successful planning and management of Tribal programs, as well
as providing employment for Tribal members and members of the
local community, in both direct and indirect ways.
Unlike other tribal trust forestlands in the United States,
pursuant to the Coquille Restoration Act, the Coquille tribal
forestlands are statutorily required to be managed under State
and Federal forestry and environmental laws and are subject to
the standards and guidelines of the federal forest plans on
adjacent or nearby Federal lands.
This statutory requirement negatively impacts the Tribe by
reducing the land available for timber harvest from 5,140 acres
to 2,009 acres. In addition, the linkage to other Federal
forestlands has invited repeated appeals and litigation against
the Department of the Interior in attempts to block or severely
restrict timber management on tribal forestlands. The delays
and costs associated with the appeals and litigation have
directly impacted the Tribe.
Timber on tribal lands is generally subject to laws and
regulations implemented by the Department of the Interior,
including the National Indian Forest Resources Management Act
(25 U.S.C. 3101 et seq.). Title III of S. 815 would require the
Secretary of the Interior to manage the Coquille Forest in
accordance with laws pertaining to the management of Indian
trust land.
S. 815 combines the text of three bills introduced in the
114th Congress, S. 814, S. 815, and S. 816, as separate titles.
Legislative History
S. 132, the larger umbrella Oregon and California Land
Grant Act, was introduced by Senators Wyden and Merkley on
January 8, 2015. S. 132 contains text broken out into three
bills, S. 814, S. 815, and S. 816, introduced by Senators Wyden
and Merkley on March 19, 2015.
House companion bills, H.R. 1436, H.R. 1437, and H.R. 1438
were introduced by Representatives DeFazio and Walden on April
7, 2015. H.R. 2791 was introduced in the House of
Representatives by Representatives DeFazio and Walden on June
16, 2015. H.R. 2791 combines the text of the three bills, H.R.
1436, H.R. 1437, and H.R. 1438. H.R. 2791 passed the House of
Representatives by voice vote on September 16, 2015.
The Subcommittee on Public Lands, Forests and Mining held a
hearing on S. 814, S. 815, on May 21, 2015 and a hearing on S.
132 on July 16, 2015.
On July 13, 2016, the Committee on Energy and Natural
Resources held a business meeting and ordered S. 815 favorably
reported with an amendment in the nature of a substitute, which
combines the text of S. 814, S. 815, and S. 816.
In the 113th Congress, Senators Wyden and Merkley
introduced S. 1414 and S. 1415, similar bills to S. 814 and S.
815, on July 31, 2013. The Subcommittee on Public Lands,
Forests, and Mining held a hearing on the bills on November 20,
2013 (S. Hrg. 113-342). The text of S. 1414 and S. 1415 were
also included in S. 1784, the Oregon and California Land Grant
Act of 2014, which was ordered reported with an amendment in
the nature of a substitute by the Committee on Energy and
Natural Resources on November 13, 2014 (S. Rept. 113-307).
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2016, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
815, if amended as described herein. Senator Barrasso requested
that he be recorded as voting no.
Committee Amendment
During its consideration of S. 815, the Committee adopted
an amendment in the nature of a substitute.
The amendment in the nature of a substitute combines the
text of three bills introduced in the 114th Congress, S. 814,
S. 815 and S. 816, as separate titles. The substitute amendment
also makes a number of changes, including a requirement that,
as a condition precedent to the Secretary taking any land into
trust for the Tribes, that the Tribes enter into access
agreements with the Secretary for the lands to be taken into
trust; and a requirement that existing reciprocal rights-of-way
agreements be honored in perpetuity on lands taken into trust.
The amendment is further described in the section-by-
section analysis.
Section-by-Section Analysis
Section 1. Short title; Table of contents
Section 1 provides a short title and a table of contents.
TITLE I--COW CREEK UMPQUA LAND CONVEYANCE
Section 101. Definitions
Section 101 defines key terms for this title.
Section 102. Lands to be held in trust
Section 102 requires the Council Creek land, subject to
valid existing rights, to be held in trust by the United States
for the benefit of the Tribe and made part of the reservation
on the date that is the day after the date that the Secretary
records the administrative access agreement required under
section 104(d)(1). The Section also requires the Secretary to
complete a survey to establish the boundaries of the land taken
into trust within two years of the Act's enactment.
Section 103. Map and legal description
Section 103(a) directs the Secretary to file a map and
legal description with certain Congressional committees as soon
as practicable.
Subsection (b) provides that the maps and legal description
have the same force and effect as if included in the Title and
specifies that the Secretary may correct clerical or
typographical errors in the map or legal description.
Subsection 3(c) requires that the map and legal description
be on file and available for public inspection in the Office of
the Secretary.
Section 104. Administration
Section 104(a) preserves the Tribe's existing rights or
claims to any land or interest in land that exist on the date
of enactment.
Subsection (b) expressly prohibits the Tribe from exporting
unprocessed logs that are harvested from Council Creek land or
from using any property taken into trust under section 102 for
any gaming activity carried out under Public Law 100-497 (25
U.S.C. 2701 et seq.).
Subsection (c) requires any forest management activities on
Council Creek land to be managed in accordance with all
applicable Federal laws.
Subsection (d) requires the Secretary to seek to enter into
an MOA with the Tribe for administrative access to the Council
Creek land. Once such an agreement is signed, the Secretary is
required to provide to the Tribe all the existing reciprocal
rights of way agreements that exist on the land. This Section
further requires the Tribe to continue the access provided by
these agreements in perpetuity on the lands taken into trust.
Subsection (e) specifies that the land taken into trust is
not subject to the planning requirements under the Federal Land
Policy and Management Act except as provided for forest
management activities in section 104(c).
Section 105. Land reclassification
Section 105 requires the Secretary of Agriculture and the
Secretary of the Interior to identify any Oregon and California
Railroad grant land that is held in trust under section 102 of
this Title within 180 days after the date of enactment. The
Section further requires that within two years the Secretary
identify public domain land that meets certain criteria
outlined in the Section that can be reclassified as Oregon and
California Railroad grant land. The Secretary is required to
submit to Congress and publish in the federal register maps
that depict the public domain land to be reclassified and
provide an opportunity for public comment.
TITLE II--OREGON COASTAL LAND CONVEYANCE
Section 201. Definitions
Section 201 defines key terms used in this Title.
Section 202. Land to be held in trust
Section 202 requires the Oregon Coastal land, subject to
valid existing rights, to be held in trust by the United States
for the benefit of the Confederated Tribes and made part of the
reservation on the date that is the day after the date that the
Secretary records the required administrative access agreement.
The Section also requires that the Secretary, within two years
of enactment of the Act, complete a survey to establish the
boundaries of the land taken into trust.
Section 203. Map and legal description
Section 203(a) directs the Secretary to file a map and
legal description with certain Congressional committees.
Subsection (b) provides that the maps and legal description
have the same force and effect as if included in the Title and
specifies that the Secretary may correct clerical or
typographical errors in the map or legal description.
Subsection (c) requires that the map and legal description
be on file and available for public inspection in the Office of
the Secretary.
Section 204. Administration
Section 204(a) preserves the Confederated Tribes' existing
rights or claims to any land or interest in land that exist on
the date of enactment.
Subsection (b) expressly prohibits the tribe from exporting
unprocessed logs that are harvested from Oregon Coastal land or
from using any property taken into trust under section 202 to
be used for any gaming activity carried out under Public Law
100-497 (25 U.S.C. 2701 et seq.).
Subsection (c) requires any all forest management
activities on the Oregon Coastal land to be managed in
accordance with all applicable Federal laws.
Subsection (d) requires the Secretary to seek to enter into
an MOA with the Confederated Tribes for administrative access
for certain activities described in the section to the Oregon
Coastal land and once such agreement is signed the Secretary is
required to provide to the Confederated Tribes all the existing
reciprocal rights of way agreements that exist on the land.
This Section further requires the Confederated Tribes to
continue the access provided by these agreements in perpetuity
on the lands taken into trust.
Subsection (e) specifies that the land taken into trust is
not subject to the planning requirements under the Federal Land
Policy and Management Act except as provided for forest
management activities in section 204(c).
Section 205. Land reclassification
Section 205 requires the Secretary of Agriculture and the
Secretary of the Interior to identify any Oregon and California
Railroad grant land that is held in trust under section 102 of
this Title within 180 days after the date of enactment. The
Section further requires that within two years the Secretary
identify public domain land that meets certain criteria
outlined in the Section that can be reclassified as Oregon and
California Railroad grant land. The Secretary is required to
submit to Congress and publish in the federal register maps
that depict the public domain land to be reclassified and
provide an opportunity for public comment.
TITLE III--AMENDMENTS TO THE COQUILLE RESTORATION ACT
Section 301. Amendments to Coquille Restoration Act
Section 301 amends the Coquille Restoration Act by striking
paragraphs (5) and (9) and inserting a new paragraph (5) that
requires the Coquille Forest to be managed according to the
laws that apply to the management of Indian trust land. The
Section also prohibits the export of unprocessed logs harvested
from the Coquille Forest and specifies certain requirements for
timber sales.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 815. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 815, as ordered reported.
Congressionally Directed Spending
S. 815, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the U.S. Forest Service of the
U.S. Department of Agriculture and the Bureau of Land
Management of the U.S. Department of the Interior on S. 814, S.
815, and S. 816 follows:
Statement of Leslie Weldon, Deputy Chief, National Forest System,
Forest Service, U.S. Department of Agriculture
S. 814 would provide for the conveyance of certain Federal
land in the State of Oregon to the Confederated Tribes of Coos,
Lower Umpqua, and Siuslaw Indians and S. 815 would provide for
the conveyance of certain Federal land in the State of Oregon
to the Cow Creek Band of Umpqua Tribe of Indians. We defer to
the Department of the Interior for its position on these bills.
There are no NFS lands included within the boundaries of the
``Canyon Mountain Land Conveyance map dated 6-27-2013 or the
Oregon Coastal Land Conveyance Map dated 6-27-2013.
This concludes my remarks. Thanks for the opportunity to
testify.
Statement of Timothy M. Murphy, Acting Assistant Director, National
Conservation Lands & Community Partnerships, Bureau of Land Management,
Department of the Interior
Thank you for the opportunity to testify on S. 814, the
Oregon Coastal Lands Conveyance Act and S. 815, the Cow Creek
Umpqua Land Conveyance Act. S. 814 would provide that
approximately 14,804 acres of Bureau of Land Management (BLM)-
managed lands in western Oregon be held in trust on behalf of
the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw
Indians. S. 815 would provide that approximately 17,519 acres
of BLM-managed lands in western Oregon be held in trust on
behalf of the Cow Creek Band of Umpqua Tribe of Indians. The
bills would also require the Department of the Interior to
reclassify an equal number of acres of public domain lands as
Oregon and California (O&C) lands to compensate for the loss of
O&C lands transferred by the bills.
The Department of the Interior welcomes opportunities to
work with Congress on the transfer of lands into trust status
and supports the goals of S. 814 and S. 815. The BLM would like
the opportunity to work with the sponsor and the Committee to
address various issues related to the bill, including current
uses of the lands, consistency with other laws, and the
difficulty of identifying public domain lands to be
reclassified as O&C lands.
background
Both the Confederated Tribes of the Coos, Lower Umpqua, and
Siuslaw Indians and the Cow Creek Band of the Umpqua Tribe of
Indians have expressed their desire to acquire culturally
significant tracts of land in the region as well as forest
lands to be managed for the financial benefit of tribal
members. The BLM strongly believes that open communication
between the BLM and tribes is essential in maintaining
effective government-to-government relationships, and the BLM
has a positive working relationship with the tribes in the
area.
In western Oregon, the BLM currently manages roughly 2.2
million acres of Revested Oregon and California Railroad and
Reconveyed Coos Bay Wagon Road Grant Lands under the O&C Lands
Act 1937. Under the Act, 18 O&C counties receive yearly
payments equal to 50 percent of receipts from timber harvests
on public lands in these counties. Since 2000, the BLM has made
payments to the 18 O&C counties based on the authorities
provided for the in the Secure Rural Schools Act, which has
been reauthorized through FY 2016. The BLM's FY 2016 Budget
request also includes a proposal for a five-year
reauthorization of the Act.
s. 814
S. 814 would provide that seven tracts comprising
approximately 14,804 acres of BLM-managed lands be held in
trust for the benefit of the Confederated Tribes of the Coos,
Lower Umpqua, and Siuslaw Indians (the Tribes). The bill
directs all right, title, and interest of the United States to
the identified lands, subject to valid existing rights, to be
held in trust for the benefit of the Tribes.
These parcels are located in western Oregon's Coos,
Douglas, Benton, and Lane Counties, and include tracts such as
the Coos Head, Talbot Allotment, and Umpqua Eden parcels, which
are of particular cultural significance to the Tribes, as well
as areas such as the Lower Smith River and Tioga tracts,
managed for timber production.
While the transfer would be subject to valid existing
rights, the BLM would like to continue to work with the sponsor
on access concerns on certain parcels. S. 814 includes language
to address the BLM's concerns about an earlier version of the
legislation by honoring existing reciprocal right-of-way
agreements and providing for administrative access by the BLM.
However, we note that under the bill, the public would lose
access to certain recreational trails and to the Hult Reservoir
Recreation Area.
S. 814 also includes lands identified for transfer that
were acquired with funding from the Land and Water Conservation
Fund (LWCF) Act of 1965, which requires that these lands remain
available in perpetuity for the use and enjoyment of the
public. The BLM would like to work with the sponsor to ensure
consistency with the LWCF Act.
The BLM notes that the lands identified for transfer in S.
814 contain critical habitat for the northern spotted owl and
marbled murrelet. We note that if these lands are held in
trust, the BLM will not be able to complete its land management
objectives for these lands related to the recovery of these
species.
s. 815
S. 815 would provide for approximately 17,519 acres of BLM-
managed land in Douglas County, Oregon, to be held in trust for
the benefit of the Cow Creek Band of Umpqua Tribe of Indians
(the Tribe). The bill directs all rights, title, and interest
of the United States to the identified lands, subject to valid
existing rights, to be held in trust for the benefit of the
Tribe. The lands identified for transfer would be used to
restore and expand the historic and economic base for the Tribe
in southwestern Oregon. The parcels are scattered and
interspersed with private lands, and include many areas popular
with hunters, anglers, and campers.
While the transfer would be subject to valid existing
rights, the BLM has access concerns related to some parcels.
The BLM recommends the bill be amended to include similar
language to S. 814 in Section 5(d) honoring existing reciprocal
right-of-way agreements and administrative access by the BLM.
The BLM suggests that corresponding language from S. 814
Section 5(e) be inserted into S. 815 to ensure that land taken
into trust under S. 815 would not be subject to the land use
planning requirements of the Federal Land Policy and Management
Act of 1976.
The lands proposed for transfer in S. 815 also include
populations of the Federally threatened Kincaid's lupine and
critical habitat for the northern spotted owl. We note that if
these lands are held in trust, the BLM will not be able to
complete its land management objectives for these lands related
to the recovery of these species. The identified parcels also
include numerous sites of cultural and historical importance.
The BLM would like to work with the sponsor to clarify language
related to the protection of wildlife and cultural resources.
o&c forestry
Because many of the lands to be taken into trust by both S.
814 and S. 815 have been identified for potential future timber
sales, the BLM believes that the transfer of these lands would
reduce the quantities of timber that could be offered in future
timber sales, resulting in a potential reduction of timber
revenues to the United States and to the O&C counties.
Under the bills, the BLM would be required to identify and
reclassify public domain lands as O&C lands to avoid a net loss
to the acreage of O&C lands. The BLM is concerned that there
are insufficient public domain lands of comparable condition,
in the vicinity of the O&C lands to meet this objective. The
BLM would like to continue to work with the sponsor and the
Committee on this issue.
The Draft Western Oregon Resource Management Plan/
Environmental Impact Statement (Draft EIS) was released on
April 24, 2015. The Draft EIS does not analyze the impacts of
this transfer in any of the alternatives. The BLM is concerned
that if these bills became law, there may not be sufficient
time to address these transfers and their impact to resources
and uses in the Final EIS. The Final EIS Record of Decision is
scheduled to be signed in spring 2016.
The BLM also recognizes that timeframes to complete
cadastral surveys required by both bills are longer than in
previous versions, giving the BLM up to 1 year to complete the
surveys of the boundaries of the transfer. However, the BLM is
still concerned with being able to meet this requirement and
would like to continue to work with the sponsor on a timeline
that would add flexibility to the survey requirements.
conclusion
The Department of the Interior welcomes opportunities to
work with Congress on the conveyance of lands into trust status
and supports the goals of S. 814 and S. 815. We look forward to
working with the sponsor and the Committee to address the
various issues we have outlined in this testimony, as well as
other minor technical issues.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as ordered reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman).
COQUILLE RESTORATION ACT
Public Law 101-42, as amended
* * * * * * *
SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.
* * * * * * *
(d) Creation of the Coquille Forest.--
* * * * * * *
[(5) Management.--The Secretary of Interior, acting
through the Assistant Secretary for Indian Affairs,
shall manage the Coquille Forest under applicable State
and Federal forestry and environmental protection laws,
and subject to critical habitat designations under the
Endangered Species Act, and subject to the standards
and guidelines of Federal forest plans on adjacent or
nearby Federal lands, now and in the future. The
Secretary shall otherwise manage the Coquille Forest in
accordance with the laws pertaining to the management
of Indian Trust lands and shall distribute revenues in
accord with Public Law 101-630, 25 U.S.C. 3107.
[(A) 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 lands.
[(B) 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.]
(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.
* * * * * * *
[(9) Jurisdiction.--
[(A) The United States District Court for the
District of Oregon shall have jurisdiction over
actions against the Secretary arising out of
claims that this subsection has been violated.
Consistent with existing precedents on standing
to sue, any affected citizen may bring suit
against the Secretary for violations of this
subsection, except that suit may not be brought
against the Secretary for claims that the MOA
has been violated. The Court has the authority
to hold unlawful and set aside actions pursuant
to this subsection that are arbitrary and
capricious, an abuse of discretion, or
otherwise an abuse of law.
[(B) The United States District Court for the
District of Oregon shall have jurisdiction over
actions between the State of Oregon and the
Tribe arising out of claims of breach of the
MOA.
[(C) Unless otherwise provided for by law,
remedies available under this subsection shall
be limited to equitable relief and shall not
include damages.]
[(10)] (9) State Regulatory and Civil Jurisdiction.--
In addition to the jurisdiction described in paragraph
7 of this subsection, the State of Oregon may exercise
exclusive regulatory civil jurisdiction, including but
not limited to adoption and enforcement of
administrative rules and orders, over the following
subjects:
(A) management, allocation and administration
of fish and wildlife resources, including but
not limited to establishment and enforcement of
hunting and fishing seasons, bag limits, limits
on equipment and methods, issuance of permits
and licenses, and approval or disapproval of
hatcheries, game farms, and other breeding
facilities; Provided, That nothing herein shall
be construed to permit the State of Oregon to
manage fish or wildlife habitat on Coquille
Forest lands;
(B) allocation and administration of water
rights, appropriation of water and use of
water;
(C) regulation of boating activities,
including equipment and registration
requirements, and protection of the public's
right to use the waterways for purposes of
boating or other navigation;
(D) fills and removals from waters of the
State, as defined in Oregon law;
(E) protection and management of the State's
proprietary interests in the beds and banks of
navigable waterways;
(F) regulation of mining, mine reclamation
activities, and exploration and drilling for
oil and gas deposits;
(G) regulation of water quality, air quality
(including smoke management), solid and
hazardous waste, and remediation of releases of
hazardous substances;
(H) regulation of the use of herbicides and
pesticides; and
(I) enforcement of public health and safety
standards, including standards for the
protection of workers, well construction and
codes governing the construction of bridges,
buildings, and other structures.
[(11)] (10) Savings Clause, State Authority.--
(A) Nothing in this subsection shall be
construed to grant tribal authority over
private or State-owned lands.
(B) To the extend that the State of Oregon is
regulating the foregoing areas pursuant to a
delegated Federal authority or a Federal
program, nothing in this subsection shall be
construed to enlarge or diminish the State's
authority under such law.
(C) Where both the State of Oregon and the
United States are regulating, nothing herein
shall be construed to alter their respective
authorities.
(D) To the extent that Federal law authorizes
the Coquille Indian Tribe to assume regulatory
authority over an area, nothing herein shall be
construed to enlarge or diminish the tribe's
authority to do so under such law.
(E) Unless and except to the extent that the
tribe has assumed jurisdiction over the
Coquille Forest pursuant to Federal law, or
otherwise with the consent of the State, the
State of Oregon shall have jurisdiction and
authority to enforce its laws addressing the
subjects listed in subparagraph 10 of this
subsection on the Coquille Forest against the
Coquille Indian Tribe, its members and all
other persons and entities, in the same manner
and with the same remedies and protections and
appeal rights as otherwise provided by general
Oregon law. Where the State of Oregon and
Coquille Indian Tribe agree regarding the
exercise of tribal civil regulatory
jurisdiction over activities on the Coquille
Forest lands, the tribe may exercise such
jurisdiction as its agreed upon.
[(12)] (11) In the event of a conflict between
Federal and State law under this subsection, Federal
law shall control.
* * * * * * *
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