Text: H.R.1306 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-103 (01/08/2018)

 
[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.

    (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) 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.

    (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) <<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).

    (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 (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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