[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
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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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