[House Report 114-254]
[From the U.S. Government Publishing Office]


114th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                      {     114-254

======================================================================



 
                   WESTERN OREGON TRIBAL FAIRNESS ACT

                                _______
                                

 September 8, 2015.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 2791]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2791) to require that certain Federal lands be 
held in trust by the United States for the benefit of certain 
Indian tribes in Oregon, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 2791 is to require certain Federal 
lands be held in trust by the United States for the benefit of 
certain Indian tribes in Oregon.

                  Background and Need for Legislation


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, a treaty ratified by the U.S. Senate 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 1854 treaty with the Cow Creek outlined that the Tribe 
would cede 800 square miles of reservation land in exchange for 
$12,000 for goods and services spanning several years; however, 
the stipulations of the treaty were never realized. In 1953 the 
United States formally terminated the Tribe through the Western 
Oregon Indian Termination Act of 1954 (Public Law 588, Chapter 
733, 68 Stat.724). This Act also terminated several other 
tribes in Oregon.
    In the decades following the termination era, the Tribe 
continued to stay in its homelands. In 1982, federal 
recognition of the Tribe was restored by Congress by Public Law 
97-391. By 1984 it had successfully negotiated a $1.5 million 
settlement in the U.S. Court of Claims for tribal land lost in 
the treaty. The Tribe invested the settlement amount to 
establish an endowment fund and has only drawn interest 
annually from the endowment to provide education, housing, and 
economic development. 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 an IRS Section 17 tribal 
charter corporation, the Umpqua Indian Development Corporation.
    H.R. 2791 would place title to approximately 17,519 acres 
of public land in Oregon in trust for the benefit of the Cow 
Creek Umpqua tribe. Lands to be held in trust under this 
section are depicted on a specific map, and the conveyance of 
the land in trust shall be subject to valid existing rights. 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 Bureau of Land Management. 
Under Title I, 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. Coquille Forest Fairness

    The Coquille Indian Tribe is located in Coos Bay/North 
Bend, Oregon, on the 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.
    Federal policies targeting the Coquille and other Oregon 
tribes continued to have negative impact on the Coquille people 
and culture. In 1954 as part of the a federal policy to 
terminate federal relations with a number of tribes, the United 
States terminated the federal recognition of the Coquille 
Indian Tribe through the Western Oregon Indian Termination Act 
of 1954.
    In 1989, the Coquille Restoration Act (25 U.S.C. 715 et 
seq.) restored federal recognition of the Coquille 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 (25 
U.S.C. 715b). For a multitude of reasons, 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''.
    The Coquille Restoration Act additionally provides that 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, 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.
    Coquille tribal forestlands generate timber revenues that 
are an essential component of the Tribe's and Congress's goals 
of 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, 
the Coquille tribal forestlands are statutorily required, 
pursuant to the Coquille Forest Act (25 U.S.C. 715c) to meet 
additional burdens of complying with the standards and 
guidelines of adjacent Federal lands. Essentially, adjacent 
federal land managers write most of the management 
prescriptions for the Coquille Forest.
    This statutory requirement negatively impacts the Tribe by 
reducing the land available for timber harvest from 5,140 acres 
to 3,401 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 of these efforts directly impact the Tribe.
    The problem is further compounded by the current revision 
of the management plan for Federal lands adjacent to the 
Coquille forest. If the Bureau of Land Management changes the 
management scheme for those adjacent lands, it could result in 
greater management restrictions on Coquille Forest lands.
    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 II of H.R. 2791 would require 
Interior to manage the Coquille Forest in accordance with laws 
pertaining to the management of Indian trust land.
    Without H.R. 2791, the Tribe must continue to manage its 
timber on an uneven playing field relative to other tribes, and 
the Tribe could expect reduced timber harvest from an already 
depressed level.

Title III. 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. For 
the next 50 years many tribes in Oregon endured an uphill 
struggle.
    In 1940, six acres 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, which constituted 
the Tribes' reservation, are located approximately 100 miles 
southwest of Eugene, Oregon.\1\
---------------------------------------------------------------------------
    \1\Tiller's Guide to Indian Country, compiled by Veronica E. 
Valarde Tiller, 2005, at 885.
---------------------------------------------------------------------------
    In 1954 the Tribes, along with several other tribes in 
Oregon, were terminated pursuant to Public Law 588, effective 
August 1956. However, in 1984 the Tribes' federal recognition 
was restored by Public Law 98-481. Under that Act, 
approximately 1.02 acres in Coos County, Oregon, and several 
other counties, were placed into trust for the establishment as 
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.\2\ H.R. 2791 would provide that seven 
tracts of land currently managed by the Bureau of Land 
Management, totaling 14,804 acres, be held in trust on behalf 
of the Confederated Tribes of the Coos, Lower Umpqua, and 
Siuslaw Indians.
---------------------------------------------------------------------------
    \2\Id.
---------------------------------------------------------------------------
    The parcels transferred pursuant to H.R. 2791 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.
    H.R. 2791 combines the text of three other bills introduced 
in the 114th Congress, H.R. 1436, H.R. 1437 and H.R. 1438. In 
the 113th Congress, nearly identical portions of H.R. 2791 also 
passed the House of Representatives as part of H.R. 1526, 
Restoring Healthy Forests for Healthy Communities Act, as well 
as in H.R. 5701.

                            Committee Action

    H.R. 2791 was introduced on June 16, 2015, by Congressman 
Peter A. DeFazio (D-OR). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Indian, Insular and Alaska Native Affairs and 
the Subcommittee on Federal Lands. On July 8, 2015, the Natural 
Resources Committee met to consider the bill. The Subcommittees 
were discharged by unanimous consent. No amendments were 
offered and the bill was ordered favorably reported to the 
House of Representatives by unanimous consent on July 9, 2015.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 2791--Western Oregon Tribal Fairness Act

    H.R. 2791 would convey federal lands in the state of Oregon 
to local Native American tribes. The legislation would transfer 
nearly 18,000 acres of federal land to the Cow Creek Band of 
Umpaqua Tribe of Indians and more than 14,000 acres of federal 
land to the Confederated Tribes of Coos, Lower Umpaqua, and 
Siuslaw Indians. H.R. 2791 also would amend how the federal 
government manages forest land held in trust for the benefit of 
the Coquille Tribe of Coos County, Oregon.
    CBO estimates that implementing the legislation would have 
no significant effect on spending subject to appropriation. 
Enacting H.R. 2791 would affect direct spending; therefore, 
pay-as-you-go procedures apply. Under current law, the 
specified lands generate receipts to the Treasury from the sale 
of timber. Therefore, by conveying the land to the tribes, the 
bill would reduce offsetting receipts, which are treated as 
reductions in direct spending. However, based on information 
from federal agencies, CBO estimates that the forgone receipts 
would be insignificant for each year and less than $500,000 
over the 2016-2025 period.
    H.R. 2791 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit the tribes.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. The Congressional 
Budget Office has indicated that the bill ''would have no 
significant effect on spending subject to appropriation''; 
however, the bill could affect offsetting receipts, but any 
foregone receipts ``would be insignificant for each year and 
less than $500,000 over the 2016-2025 period.''
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to require certain Federal lands be 
held in trust by the United States for the benefit of certain 
Indian tribes in Oregon.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                        COQUILLE RESTORATION ACT



           *       *       *       *       *       *       *
SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST.

  (a) Lands To Be Taken in Trust.--The Secretary shall accept 
any real property located in Coos and Curry Counties not to 
exceed one thousand acres for the benefit of the Tribe if 
conveyed or otherwise transferred to the Secretary: Provided, 
That, at the time of such acceptance, there are no adverse 
legal claims on such property including outstanding liens, 
mortgages, or taxes owed. The Secretary may accept any 
additional acreage in the Tribe's service area pursuant to his 
authority under the Act of June 18, 1934 (48 Stat. 984).
  (b) Lands To Be Part of the Reservation.--Subject to the 
conditions imposed by this section, the land transferred shall 
be taken in the name of the United States in trust for the 
Tribe and shall be part of its reservation.
  (c) Lands To Be Nontaxable.--Any real property taken into 
trust for the benefit of the Tribe under this section shall be 
exempt from all local, State, and Federal taxation as of the 
date of transfer.
  (d) Creation of the Coquille Forrest.--
          (1) Definitions.--In this subsection:
                  (A) the term ``Coquille Forest'' means 
                certain lands in Coos County, Oregon, 
                comprising approximately 5,400 acres, as 
                generally depicted on the map entitled 
                ``Coquille Forest Proposal'', dated July 8, 
                1996.
                  (B) the term ``Secretary'' means the 
                Secretary of the Interior.
                  (C) the term ``the Tribe'' means the Coquille 
                Tribe of Coos County, Oregon.
          (2) Map.--The map described in subparagraph 
        (d)(l)(A), and such additional legal descriptions which 
        are applicable, shall be placed on file at the local 
        District Office of the Bureau of Land Management, the 
        Agency Office of the Bureau of Indian Affairs, and with 
        the Senate Committee on Energy and Natural Resources 
        and the House Committee on Resources.
          (3) Interim period.--From the date of enactment of 
        this subsection until two years after the date of 
        enactment of this subsection, the Bureau of Land 
        Management shall:
                  (A) retain Federal jurisdiction for the 
                management of lands designated under this 
                subsection as the Coquille Forest and continue 
                to distribute revenues from such lands in a 
                manner consistent with existing law; and,
                  (B) prior to advertising, offering or 
                awarding any timber sale contract on lands 
                designated under this subsection as the 
                Coquille Forest, obtain the approval of the 
                Assistant Secretary for Indian Affairs, acting 
                on behalf of and in consultation with the 
                Tribe.
          (4) Transition planning and designation.--
                  (A) During the two year interim period 
                provided for in paragraph (3), the Assistant 
                Secretary for Indian Affairs, acting on behalf 
                of and in consultation with the Tribe, is 
                authorized to initiate development of a forest 
                management plan for the Coquille Forest. The 
                Secretary, acting through the Director of the 
                Bureau of Land Management, shall cooperate and 
                assist in the development of such plan and in 
                the transition of forestry management 
                operations for the Coquille Forest to the 
                Assistant Secretary for Indian Affairs.
                  (B) Two years after the date of enactment of 
                this subsection, the Secretary shall take the 
                lands identified under subparagraph (d)(l)(A) 
                into trust, and shall hold such lands in trust, 
                in perpetuity, for the Coquille Tribe. Such 
                lands shall be thereafter designated as the 
                Coquille Forest.
                  (C) So as to maintain the current flow of 
                revenue from land subject to the Act entitled 
                ``An Act relating to the revested Oregon and 
                California Railroad and reconveyed Coos Bay 
                Wagon Road grant land situated in the State of 
                Oregon'' (the O&C Act), approved August 28, 
                1937 (43 U.S.C. 1181a et seq.), the Secretary 
                shall redesignate, from public domain lands 
                within the tribe's service area, as defined in 
                this Act, certain lands to be subject to the 
                O&C Act. Lands redesignated under this 
                subparagraph shall not exceed lands sufficient 
                to constitute equivalent timber value as 
                compared to lands constituting 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.
          (6) Indian self determination act agreement.--No 
        sooner than two years after the date of enactment of 
        this subsection, the Secretary may, upon a satisfactory 
        showing of management competence and pursuant to the 
        Indian Self-Determination Act (25 U.S.C. 450 et seq.), 
        enter into a binding Indian self-determination 
        agreement (agreement) with the Coquille Indian Tribe. 
        Such agreement may provide for the tribe to carry out 
        all or a portion of the forest management for the 
        Coquille Forest.
                  (A) Prior to entering such an agreement, and 
                as a condition of maintaining such an 
                agreement, the Secretary must find that the 
                Coquille Tribe has entered into a binding 
                memorandum of agreement (MOA) with the State of 
                Oregon, as required under paragraph 7.
                  (B) The authority of the Secretary to rescind 
                the Indian self-determination agreement shall 
                not be encumbered.
                          (i) The Secretary shall rescind the 
                        agreement upon a demonstration that the 
                        tribe and the State of Oregon are no 
                        longer engaged in a memorandum of 
                        agreement as required under paragraph 
                        7.
                          (ii) The Secretary may rescind the 
                        agreement on a showing that the Tribe 
                        has managed the Coquille Forest in a 
                        manner inconsistent with this 
                        subsection, or the Tribe is no longer 
                        managing, or capable of managing, the 
                        Coquille Forest in a manner consistent 
                        with this subsection.
          (7) Memorandum of agreement.--The Coquille Tribe 
        shall enter into a memorandum of agreement (MOA) with 
        the State of Oregon relating to the establishment and 
        management of the Coquille Forest. The MOA shall 
        include, but not be limited to, the terms and 
        conditions for managing the Coquille Forest in a manner 
        consistent with paragraph (5) of this subsection, 
        preserving public access, advancing jointly-held 
        resource management goals, achieving tribal restoration 
        objective sand establishing a coordinated management 
        framework. Further, provisions set forth in the MOA 
        shall be consistent with federal trust responsibility 
        requirements applicable to Indian trust lands and 
        paragraph (5) of this subsection.
          (8) Public Access.--The Coquille Forest shall remain 
        open to public access for purposes of hunting, fishing, 
        recreation and transportation, except when closure is 
        required by state or federal law, or when the Coquille 
        Indian Tribe and the State of Oregon agree in writing 
        that restrictions on access are necessary or 
        appropriate to prevent harm to natural resources, 
        cultural resources or environmental quality; Provided, 
        That the State of Oregon's agreement shall not be 
        required when immediate action is necessary to protect 
        archaeological resources.
          [(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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