[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 868 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                 S. 868

To amend the Coos, Lower Umpqua, and Siuslaw Restoration Act to provide 
   for the cultural restoration and economic self-sufficiency of the 
   Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians of 
                    Oregon, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2003

 Mr. Smith introduced the following bill; which was read twice and 
        referred to the Committee on Indian AffairsYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
To amend the Coos, Lower Umpqua, and Siuslaw Restoration Act to provide 
   for the cultural restoration and economic self-sufficiency of the 
   Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians of 
                    Oregon, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coos, Lower Umpqua, and Siuslaw 
Restoration Amendments Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Confederated Tribes of Coos, Lower Umpqua, and 
        Siuslaw Indians (referred to in this Act as the ``Tribe'') were 
        restored to Federal recognition by the Coos, Lower Umpqua, and 
        Siuslaw Restoration Act (25 U.S.C. 714 et seq.);
            (2) the Tribe remains the only federally-recognized Indian 
        tribe in the State of Oregon that has never received any 
        compensation from the Federal Government for the loss of former 
        homeland;
            (3) the Tribe historically inhabited land along the Oregon 
        coast located in the Coos River, lower Umpqua River, and 
        Siuslaw River watersheds;
            (4) in addition to restoring Federal recognition, the Coos, 
        Lower Umpqua, and Siuslaw Restoration Act (25 U.S.C. 714 et 
        seq.) and other Federal laws relating to Indian tribes provide 
        the means for the Tribe to achieve the goals of--
                    (A) cultural restoration;
                    (B) economic self-sufficiency; and
                    (C) the attainment of a standard of living 
                equivalent to that enjoyed by other citizens of the 
                United States;
            (5) under the Indian Self-Determination Act (25 U.S.C. 450f 
        et seq.) and the Indian Financing Act of 1974 (25 U.S.C. 1451 
        et seq.), the Tribe has developed a reservation plan as a means 
        of achieving economic, cultural restoration, and self-
        governance goals;
            (6) the principal component of the reservation plan is the 
        restoration of a small portion of the 1,600,000-acre former 
        homeland of the Tribe to establish a tribal forest land base;
            (7) the tribal forest land base would be established by 
        redesignating as Indian trust land certain land owned by the 
        Federal Government;
            (8) on redesignation of that land, the tribal forest land 
        base would be managed in trust by the Bureau of Indian Affairs, 
        for the long-term benefit of the Tribe, to ensure--
                    (A) the provision of positive contributions to 
                local communities; and
                    (B) the health of ancestral watersheds; and
            (9) the establishment of a tribal forest land base is 
        consistent with provisions of the Tribal Land Consolidation 
        Area, approved by the Secretary of the Interior on April 24, 
        1991, for the express purpose of assisting the Tribe in 
        selecting land for the establishment of a tribal forest land 
        base.

SEC. 3. COOS TRIBAL FOREST.

    Section 7 of the Coos, Lower Umpqua, and Siuslaw Restoration Act 
(25 U.S.C. 714e) is amended--
            (1) in subsection (a), by striking ``at no cost to the 
        Federal Government''; and
            (2) by adding at the end the following:
    ``(d) Coos Tribal Forest.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Forest.--The term `Forest' means the Coos 
                Tribal Forest designated under paragraph (2)(A)(ii).
                    ``(B) Secretary.--The term `Secretary' means the 
                Secretary of the Interior, acting through the Assistant 
                Secretary for Indian Affairs.
                    ``(C) State.--The term `State' means the State of 
                Oregon.
            ``(2) Designation.--
                    ``(A) In general.--Subject to valid existing rights 
                (including all valid liens, rights-of-way, reciprocal 
                road rights-of-way agreements, licenses, leases, 
                permits, and easements in effect on the date of 
                enactment of this subsection), all right, title, and 
                interest of the United States in and to the land 
                described in subparagraph (B) shall be--
                            ``(i) held by the Federal Government in 
                        trust for the use and benefit of the Tribe; and
                            ``(ii) designated by the Secretary as the 
                        `Coos Tribal Forest'.
                    ``(B) Description of land.--The land referred to in 
                subparagraph (A) is approximately 62,865 acres of land 
                located in the State, and more particularly described 
                in the Revised Forest Land Restoration Proposal of the 
                Tribe, dated April 2002, including--
                            ``(i) the map entitled `Forest Land 
                        Restoration Proposal Land Base Options'; and
                            ``(ii) the legal descriptions and acreage 
                        of--
                                    ``(I) the Siuslaw East Tract;
                                    ``(II) the Siuslaw West Tract; and
                                    ``(III) the Lakes Tract.
            ``(3) Applicable authority.--Land held in trust under 
        paragraph (2)(A)(i) shall--
                    ``(A) constitute a forest reservation of the Tribe; 
                and
                    ``(B) be subject to the Act of June 18, 1934 
                (commonly known as the `Indian Reorganization Act') (25 
                U.S.C. 461 et seq.).
            ``(4) Management.--
                    ``(A) In general.--The Secretary shall manage the 
                Forest--
                            ``(i) in accordance with the National 
                        Indian Forest Resources Management Act (25 
                        U.S.C. 3101 et seq.) and all other applicable 
                        laws;
                            ``(ii) in accordance with all applicable 
                        critical habitat designations under the 
                        Endangered Species Act of 1973 (16 U.S.C. 1531 
                        et seq.); and
                            ``(iii) in a manner that, to the maximum 
                        extent practicable, achieves management and 
                        restoration goals established for nearby or 
                        adjacent Federal land.
                    ``(B) Forest products.--
                            ``(i) In general.--The Secretary shall 
                        distribute revenue from the sale of Indian 
                        forest products derived from the Forest in 
                        accordance with section 308 of the National 
                        Indian Forest Resources Management Act (25 
                        U.S.C. 3107).
                            ``(ii) Timber production.--
                                    ``(I) In general.--Unprocessed logs 
                                harvested from the 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) Competitive bidding.--
                                Notwithstanding any other provision of 
                                law, all sales of timber from the 
                                Forest shall be advertised, offered, 
                                and awarded in accordance with 
                                competitive bidding practices (under 
                                which sales shall be awarded to the 
                                highest responsible bidder).
                                    ``(III) Sawmills.--The Tribe shall 
                                not construct or operate any sawmill on 
                                the land comprising the Forest.
                    ``(C) Gaming.--No class III gaming (as defined in 
                section 4 of the Indian Gaming Regulatory Act (25 
                U.S.C. 2703)) shall be conducted on any land comprising 
                the Forest.
            ``(5) Management plan and transition.--
                    ``(A) Management plan.--
                            ``(i) In general.--Not later than 2 years 
                        after the date of enactment of this Act, the 
                        Secretary, in consultation with the Tribe, 
                        shall develop a resource management plan for 
                        the Forest.
                            ``(ii) Federal assistance.--The Secretary 
                        of Agriculture, acting through the Chief of the 
                        Forest Service, shall cooperate and assist in--
                                    ``(I) the development of the plan 
                                under clause (i); and
                                    ``(II) the transition of management 
                                operations for the Forest.
                            ``(iii) Components of plan.--The plan under 
                        clause (i) shall include--
                                    ``(I) management direction, 
                                standards, and practices for specified 
                                land allocations in the Forest; and
                                    ``(II) designation of special 
                                management areas that, as determined by 
                                the Secretary, are of high cultural 
                                significance and possess unique natural 
                                and recreational qualities, including--
                                            ``(aa) the Kentucky Falls 
                                        Special Interest Area, 
                                        consisting of a 1683-acre 
                                        corridor along the north fork 
                                        of the Smith River, Oregon; and
                                            ``(bb) the Beaver Creek 
                                        Falls and Sweet Creek Falls 
                                        sites, Oregon, consisting of a 
                                        total of 320 acres.
                            ``(iv) Special management areas.--Each 
                        special management area designated under clause 
                        (iii) shall be managed in accordance with--
                                    ``(I) standards and guidelines of 
                                the Forest Service and the Siuslaw 
                                National Forest plan (as in effect as 
                                of the date of enactment of this 
                                subsection); and
                                    ``(II) such additional standards 
                                and practices relating to management of 
                                cultural resources as may be developed 
                                or used by the Tribe.
                    ``(B) Assistance.--The Secretary of Agriculture, 
                acting through the Chief of the Forest Service, shall 
                cooperate and assist in the transition of management 
                operations for the Forest.
            ``(6) Public access.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Forest shall remain open to the 
                public for the purposes of hunting, fishing, 
                recreation, and transportation.
                    ``(B) Restrictions.--Subparagraph (A) shall not 
                apply in any case in which--
                            ``(i) closure of the Forest is required by 
                        Federal or State law; or
                            ``(ii) the Tribe and the State agree in 
                        writing that restrictions on public access are 
                        appropriate to prevent harm to natural 
                        resources in, or the environmental quality of, 
                        the Forest (except that the agreement of the 
                        State shall not be required in any case in 
                        which immediate action is necessary to protect 
                        archaeological or tribal cultural resources).
            ``(7) Jurisdiction.--
                    ``(A) In general.--The United States District Court 
                for the District of Oregon shall have jurisdiction over 
                an action against the Secretary arising out of any 
                claim of a violation of this subsection.
                    ``(B) Claimants.--In accordance with applicable 
                Federal law relating to standing to sue, any affected 
citizen may bring a lawsuit against the Secretary for a violation of 
this subsection.
                    ``(C) Remedies.--Except as provided under any other 
                applicable law, remedies available under this 
                subsection--
                            ``(i) shall be limited to equitable relief; 
                        and
                            ``(ii) shall not include damages.
            ``(8) State regulatory and civil jurisdiction.--
                    ``(A) In general.--With respect to the Forest, the 
                State may exercise exclusive regulatory civil 
                jurisdiction (including adoption and enforcement of 
                administrative rules and orders) over--
                            ``(i) except as provided in subparagraph 
                        (B), the management, allocation, and 
                        administration of fish and wildlife resources, 
                        including--
                                    ``(I) the establishment and 
                                enforcement of--
                                            ``(aa) hunting and fishing 
                                        seasons;
                                            ``(bb) bag limits; and
                                            ``(cc) limits on equipment 
                                        and methods;
                                    ``(II) the issuance of permits and 
                                licenses; and
                                    ``(III) the approval or disapproval 
                                of hatcheries, game farms, and other 
                                breeding facilities;
                            ``(ii)(I) the allocation and administration 
                        of water rights;
                            ``(II) the appropriation of water; and
                            ``(III) the use of water;
                            ``(iii) the regulation of boating 
                        activities, including--
                                    ``(I) equipment and registration 
                                requirements; and
                                    ``(II) protection of the right of 
                                the public to use waterways for the 
                                purpose of boating or other navigation;
                            ``(iv) fills and removals from water of the 
                        State, as defined under applicable law of the 
                        State;
                            ``(v) the protection and management of the 
                        proprietary interests of the State in the beds 
                        and banks of navigable waterways;
                            ``(vi) the regulation of--
                                    ``(I) mining;
                                    ``(II) mine reclamation activities; 
                                and
                                    ``(III) exploration and drilling 
                                for oil and gas deposits;
                            ``(vii) the regulation of--
                                    ``(I) water quality;
                                    ``(II) air quality (including smoke 
                                management);
                                    ``(III) solid and hazardous waste; 
                                and
                                    ``(IV) remediation of releases of 
                                hazardous substances;
                            ``(viii) the regulation of the use of 
                        herbicides and pesticides; and
                            ``(ix) the enforcement of public health and 
                        safety standards, including--
                                    ``(I) standards for the protection 
                                of workers and well construction; and
                                    ``(II) codes governing the 
                                construction of bridges, buildings, and 
                                other structures.
                    ``(B) Coos tribal forest.--Nothing in this 
                paragraph authorizes the State to manage fish or 
                wildlife habitat on land comprising the Forest.
            ``(9) State and private land.--
                    ``(A) In general.--Nothing in this subsection 
                confers on the Tribe any authority over State or 
                private land.
                    ``(B) State regulation.--In a case in which, and to 
                the extent that, the State regulates any State or 
                private land under any delegated Federal authority or 
                any Federal program, nothing in this subsection affects 
                the authority of the State under the authority or 
                program.
                    ``(C) Joint regulation.--In a case in which the 
                Federal Government and the State jointly regulate any 
                State or private land as described in subparagraph (B), 
                nothing in this subsection affects the respective 
                authority of the Federal Government and the State 
                relating to regulation of the land.
                    ``(D) Tribal regulation.--In a case in which, and 
                to the extent that, Federal law authorizes the Tribe to 
                assume regulatory authority over any area, nothing in 
                this subsection affects the ability of the Tribe to 
                exercise that authority.
                    ``(E) Enforcement against tribe.--
                            ``(i) In general.--Unless, and except to 
                        any extent that, the Tribe assumes jurisdiction 
                        over the Forest in accordance with Federal law 
                        (or in accordance with any other law with the 
                        consent of the State), the State shall have the 
                        jurisdiction and authority to enforce laws of 
                        the State relating to matters described in 
                        paragraph (8)(A) on land comprising the Forest, 
                        in the same manner and with the same remedies, 
                        protections, and appeal rights as otherwise 
                        provided by State law, against--
                                    ``(I) the Tribe;
                                    ``(II) any individual member of the 
                                Tribe; and
                                    ``(III) any other person or entity.
                            ``(ii) Tribal authority.--In a case in 
                        which the State and the Tribe enter into an 
                        agreement with respect to the exercise of 
                        tribal civil regulatory jurisdiction over an 
                        activity on land comprising the Forest, the 
Tribe may exercise that jurisdiction in accordance with the agreement.
            ``(10) Controlling legal authority.--In the event of a 
        conflict between Federal and State law under this subsection, 
        Federal law shall control.
            ``(11) Watershed restoration account.--
                    ``(A) In general.--During the 15-year period 
                beginning on the date of enactment of this subsection, 
                the Tribe shall establish and maintain a separate 
                account for watershed restoration purposes.
                    ``(B) Deposits.--For each fiscal year, the Tribe 
                shall deposit in the account an amount equal to 20 
                percent of gross revenue from the sale of forest 
                products derived from the Forest during the fiscal 
                year.
                    ``(C) Expenditures.--The Tribe shall expend funds 
                from the account only for watershed restoration 
                purposes.
            ``(12) Land exchanges.--
                    ``(A) In general.--Not more than 15 percent of the 
                land designated under paragraph (2)(A)(ii) shall be 
                available for land exchanges with Federal or non-
                Federal landowners that--
                            ``(i) to the maximum extent practicable, 
                        use the best available scientific data and 
                        modeling (including, to the extent appropriate 
                        and feasible, data and modeling developed by 
                        the Umpqua Land Exchange Project); and
                            ``(ii) achieve 1 or more of the goals 
                        described in subparagraph (B).
                    ``(B) Goals.--The goals referred to in subparagraph 
                (A) are--
                            ``(i) the enhancement of habitat values, 
                        including connectivity, for terrestrial, 
                        aquatic, and managed species listed under the 
                        Endangered Species Act of 1973 (16 U.S.C. 1531 
                        et seq.);
                            ``(ii) the improvement of riparian 
                        corridors for the purpose of enhancing water 
                        quality, water quantity, or habitat conditions;
                            ``(iii) the improvement of land management 
                        processes and plans, that are developed and 
                        approved in accordance applicable law, on 
                        Federal land adjacent to or near the Forest;
                            ``(iv) the inclusion of land in each of the 
                        Coos River, lower Umpqua River, and Siuslaw 
                        River watersheds; and
                            ``(v) the protection and enhancement of 
                        cultural and archaeological values of the 
                        Tribe.
                    ``(C) Approval and disapproval.--Not later than 180 
                days after the date on which the Tribe or any other 
                entity initiates a land exchange under this paragraph, 
                the Secretary shall make a final determination of 
                approval or disapproval of the land exchange.
                    ``(D) Equal value.--The fair market value of any 
                land or interests in land exchanged under this 
                paragraph--
                            ``(i) shall be equal, as determined through 
                        the use of nationally recognized appraisal 
                        standards (including, to the extent 
                        appropriate, the Uniform Standards for Federal 
                        Land Acquisition and the Uniform Standards of 
                        Professional Appraisal Practice); or
                            ``(ii) shall be equalized through the 
                        payment of cash in accordance with section 
                        206(d) of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1716(d)) and 
                        other applicable law.
                    ``(E) Transfer of land to tribal trust status.--Any 
                land acquired as a result of an exchange under this 
                paragraph shall--
                            ``(i) be taken into trust by the Secretary 
                        in accordance with paragraph (2)(A)(i);
                            ``(ii) become part of the Forest; and
                            ``(iii) be managed in accordance with this 
                        subsection.
                    ``(F) Termination of exchange authority.--The 
                authority to conduct a land exchange under this 
                paragraph shall terminate on the date that is 5 years 
                after the date of enactment of this subsection if, on 
                or before that date, an entity other than the Tribe--
                            ``(i) initiates the land exchange; and
                            ``(ii) fails to offer the land of the 
                        entity that is to be exchanged.
            ``(13) Timber revenue payments to counties.--
                    ``(A) In general.--Nothing in this subsection shall 
                affect any timber revenue payment to any county.
                    ``(B) Applicability to forest.--The method of 
                determining and assessing timber revenue payments for 
                Siuslaw National Forest land that is adjacent to the 
                Forest shall be applicable to the Forest.
            ``(14) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.''.
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