H.R. 5701 — what changed
Western Oregon Indian Tribal Lands Act
From Introduced in House to Engrossed in House. 5 sections amended between Introduced in House and Engrossed in House.
Sec. 203 Conveyance
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—
held in trust by the United States for the benefit of the Confederated Tribes; and
part of the reservation of the Confederated Tribes.
changed
Survey— Not later than one 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).
Sec. 205 Administration
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.
Prohibitions—
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.
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.).
changed
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, including the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.).laws.
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—
honoring existing reciprocal right-of-way agreements;
administrative access by the Bureau of Land Management; and
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)).
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.).
Sec. 303 Conveyance
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—
held in trust by the United States for the benefit of the Tribe; and
part of the reservation of the Tribe.
changed
Survey— Not later than one 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).
Sec. 305 Administration
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.
Prohibitions—
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.
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.).
changed
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, including the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.).laws.
Sec. 501 Amendments to Coquille Restoration Act
Section 5(d) of the Coquille Restoration Act (25 U.S.C. 715c(d)) is amended—
by striking paragraph (5) and inserting the following:
“(5) Management
changed
“(A) In general—Subject to subparagraph (B), the Secretary, acting through the Assistant Secretary for Indian Affairs, shall—shall manage the Coquille Forest in accordance with the laws pertaining to the management of Indian trust land.
removed
“(i) manage the Coquille Forest in accordance with the laws pertaining to the management of Indian trust land; and
removed
“(ii) distribute revenues in accordance with the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.).
“(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.”
changed
by amending striking paragraph (9) to read as follows:(9); and
added
by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively.
removed
“(9) Jurisdiction—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, including actions between the State of Oregon and the Tribe arising out of claims of breach of the MOA. Unless otherwise provided for by law, remedies available under this subsection shall be limited to equitable relief and shall not include damages.”