[House Report 115-204]
[From the U.S. Government Publishing Office]
115th Congress } { REPORT
HOUSE OF REPRESENTATIVES
1st Session } { 115-204
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WESTERN OREGON TRIBAL FAIRNESS ACT
_______
July 11, 2017.--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. 1306]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1306) to provide for the conveyance of certain
Federal land in the State of 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. 1306 is to provide for the conveyance
of certain Federal land in the State of Oregon.
Background and Need for Legislation
The three tribes that benefit from H.R. 1306 were
originally recognized under various treaties or Acts of
Congress. In the 1950s and 1960s, Congress enacted a number of
laws to terminate the federal reservations and recognition of
various tribes, including the Cow Creek, Coos, and Coquille
tribes. The federal recognition of the tribes was later
restored by Congress, and provision made for the acquisition of
lands in trust for their benefit. The tribes, however, do not
possess the reservations that had originally been granted to
them, and there have been various efforts, including those
represented in H.R. 1306, to increase their current trust land
base.
Various iterations of H.R. 1306 have been considered
multiple times in previous Congresses. Nearly identical bills
benefiting some or all of these tribes were passed by the House
of Representatives twice in the 113th and once in the 114th
Congresses.\1\
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\1\See H.R. 5701 and H.R. 1526 (113th Congress) and H.R. 2791
(114th Congress).
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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 its termination, the Tribe
continued to stay in its homelands. In 1982, federal
recognition of the Tribe was restored by Public Law 97-391. By
1984 the Tribe 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 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. 1306 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 Title I 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 under Title I is currently part of the Oregon and
California Railroad land grant (O&C Land), 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 amount
of public domain land located in the vicinity of the land
conveyed to the Tribe.
Land placed in trust for the Tribe under Title I may not be
used for gambling under the Indian Gaming Regulatory Act (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 Land Conveyance
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.
In 1954 the Tribes, along with several other tribes in
Oregon, were terminated pursuant to Public Law 588 (Chapter
733, 68 Stat. 724), 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.
The parcels transferred under Title II 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.
Title III: Amendments to Coquille Restoration Act
The Coquille Indian Tribe is located in Coos Bay/North
Bend, Oregon, on the southern coast.
After negotiating but failing to ratify a treaty with the
Coquille 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 escaped 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 a 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 Public Law 588 (Chapter 733, 68 Stat.
724).
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 (5410 acres). These lands are
referred to as the ``Coquille Forest.''
The Coquille Restoration Act additionally provides that the
Secretary of the 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 of 1973 (16 U.S.C. 1531 et seq.) 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 5140 acres
to 3401 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 adversely affect 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 III of H.R. 1306 would require
the Department of the Interior to manage the Coquille Forest in
accordance with laws pertaining to the management of Indian
trust land.
Committee Action
H.R. 1306 was introduced on March 2, 2017, 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 June 22, 2017, the Full
Natural Resources Committee met to consider the bill. The
Subcommittee on Indian, Insular and Alaska Native Affairs and
the Subcommittee on Federal Lands 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 June 27, 2017.
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 and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 5, 2017.
Hon. Rob Bishop
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1306, the Western
Oregon Tribal Fairness Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1306--Western Oregon Tribal Fairness Act
H.R. 1306 would convey federally owned portions of Oregon
and California Railroad grant lands in the state of Oregon to
local Indian tribes--about 17,500 acres to the Cow Creek Band
of Umpqua Tribe of Indians and about 14,700 acres to the
Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians.
The bill would then require that the Department of the Interior
(DOI) locate a similar amount of land in the public domain and
reclassify that land as Oregon and California Railroad grant
land. Finally, the bill would amend how the federal government
manages forest land held in trust for the benefit of the
Coquille Tribe of Coos County, Oregon.
Under current law, the lands specified for conveyance
generate federal receipts from the sale of timber, which are
treated a reductions in direct spending; those receipts are not
available to be spent without further appropriation. The
government currently retains about 50 percent of the total
receipts earned from Oregon and California Railroad grant lands
and 96 percent of receipts earned on lands in the public
domain. Thus, conveying the land to the tribes and
reclassifying other federal lands would reduce such receipts
and increase direct spending.
Based on an analysis of information provided by DOI about
the value of timber harvested on those properties, CBO
estimates that enacting H.R. 1306 would increase net direct
spending by $5 million over the 2018-2027 period. Those changes
in outlays, which are subject to pay-as-you-go procedures are
shown in the following table. Enacting H.R. 1306 would not
affect revenues and implementing the bill would have no
significant effect on spending subject to appropriation.
CBO estimates that enacting H.R. 1306 would not increase
net direct spending or on-budget deficits by more than $5
billion in any of the four consecutive 10-year periods
beginning in 2028.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 1306, AS ORDERED REPORTED BY THE HOUSE COMMITTEE AN NATURAL RESOURCES ON JUNE 27, 2017
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By fiscal year, in millions of dollars--
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2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2017-2022 2017-2027
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NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact............ 0 0 0 1 1 1 1 1 1 1 1 2 5
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Note: Components do not sum to totals because of rounding.
H.R. 1306 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
bill would benefit the Cow Creek Band of Umpqua Tribe and the
Confederate Tribes of Coos, Lower Umpqua, and Siuslaw Indians
by transferring federal land into trust for those tribes.
On May 30, 2017, CBO transmitted a cost estimate for S.
508, the Western Oregon Tribal Fairness Act, as ordered
reported by the Senate Committee on Energy and Natural
Resources on March 30, 2017. The two bills are similar and
CEO's estimates of the budgetary effects are the same.
The CEO staff contacts for this estimate are Robert Reese
(for federal costs) and Rachel Austin (for intergovernmental
mandates). The estimate was approved by Theresa Gullo,
Assistant Director for Budget Analysis.
2. 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 provide for the conveyance of
certain Federal land in the State of 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. This bill does not contain any
directed rule makings.
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 landsin Coos County, Oregon, comprising
approximately 5,400acres, 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 Bureauof 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 landsin 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 acondition 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 ona 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
objectives and 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 thepublic's
right to use the waterways for purposes of
boatingor 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.
* * * * * * *
[all]