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                                                       Calendar No. 83
115th Congress     }                                     {      Report
                                 SENATE
 1st Session       }                                     {      115-65

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



 
                   WESTERN OREGON TRIBAL FAIRNESS ACT

                                _______
                                

                  May 16, 2017.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 508]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 508) to provide for the conveyance of 
certain Federal land in the State of Oregon, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 508 is to provide for the conveyance of 
certain Federal land in the State of Oregon to the Cow Creek 
Band of Umpqua Tribe of Indians.

                          BACKGROUND AND NEED

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, which the Senate ratified 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 United States formally terminated the Tribe through the 
Western Oregon Indian Termination Act of 1954 (``Termination 
Act,'' Public Law 588, Chapter 733, 68 Stat. 724). This Act 
also terminated over 60 other tribes in Oregon. The 
``Termination Era,'' as it became known, had a profound effect 
on Oregon Indian Tribes. When a tribe was terminated, it lost 
its recognized status as a sovereign entity, it lost its land 
base, and its members lost access to federal programs.
    In the decades following the Termination Era, the Tribe 
continued to stay in its ancestral homelands. In 1982, Congress 
restored federal recognition of the Cow Creek Band of Umpqua 
Tribe of Indians by Public Law 97-391. The Tribe's ancestral 
lands, however, were not returned. Instead, the Tribe 
maintained the expectation that, at some point in the future, 
it would be eligible to receive lands to serve as its 
reservation and from which it would be able to build its 
economy and exercise its authority as a sovereign government.
    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 the Umpqua Indian Development Corporation, a tribal 
corporation chartered under section 17 of the Indian 
Reorganization Act (25 U.S.C. 477).
    S. 508 would take into trust approximately 17,519 acres of 
public land in Oregon for the benefit of the Cow Creek Umpqua 
Tribe. The lands to be taken into trust are located in 
southwest Oregon and would be used to restore and expand the 
historic and economic base for the Tribe to include timber 
production. The conveyance of the land in trust will be subject 
to valid existing rights, including all reciprocal rights-of-
way agreements. As a condition precedent to the land being 
taken into trust, the Secretary and the Tribe must enter into a 
memorandum of agreement (MOA) regarding administrative access 
for the Bureau of Land Management (BLM). 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 BLM. 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. 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.
    In 1940, six acres located 100 miles southwest of Eugene, 
Oregon, 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 constituted the Tribes' reservation.
    The United States formally terminated the Confederated 
Tribes of Coos, Lower Umpqua, and Siuslaw Indians through the 
Termination Act. In 1984, the federal recognition of the 
Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians 
was restored by Public Law 98-481. Under that Act, several 
parcels of land in Coos County and Curry County in Oregon were 
taken into trust to establish 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.
    S. 508 would take into trust approximately 14,742 acres of 
public land for the benefit of the Confederated Tribes of the 
Coos, Lower Umpqua, and Siuslaw Indians. The parcels to be 
taken into trust 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 to be 
managed for timber production.
    As a condition precedent to the land being taken into 
trust, the Secretary and the Tribes shall enter into a MOA 
regarding administrative access for the BLM. A substantial 
amount of the public land placed in trust for the tribe is 
currently part of the O&C railroad land grant, managed by the 
BLM. 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 III. Coquille Forest fairness

    The Coquille Indian Tribe is located in Coos Bay/North 
Bend, Oregon, 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.
    The United States formally terminated the Coquille Indian 
Tribe through the Termination Act. In 1989, the Coquille 
Restoration Act (Public Law 101-42, 25 U.S.C. 715c) restored 
federal recognition of the Coquille Indian 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. 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.''
    Coquille tribal forestlands generate timber revenues that 
are an essential component of the goal shared by the Tribe and 
Congress for 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, 
pursuant to the Coquille Restoration Act, the Coquille tribal 
forestlands are statutorily required to be managed under State 
and Federal forestry and environmental laws and are subject to 
the standards and guidelines of the federal forest plans on 
adjacent or nearby Federal lands.
    This statutory requirement negatively impacts the Tribe by 
reducing the land available for timber harvest from 5,140 acres 
to 2,009 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 associated with the appeals and litigation have 
directly impacted the Tribe.
    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 S. 508 would require the 
Secretary of the Interior to manage the Coquille Forest in 
accordance with laws pertaining to the management of Indian 
trust land.

                          LEGISLATIVE HISTORY

    Senators Wyden and Merkley introduced S. 508 on March 2, 
2017.
    In the 114th Congress, Senators Wyden and Markley 
introduced S. 132, the Oregon and California Land Grant Act, on 
January 8, 2015. S. 132 contained text which was later 
introduced as three separate bills, S. 814, the Oregon Coastal 
Land Act, S. 815, the Western Oregon Tribal Fairness Act, and 
S. 816, to amend the Coquille Restoration Act, by Senators 
Wyden and Merkley on March 19, 2015. The Subcommittee on Public 
Lands, Forests and Mining held a hearing on S. 814 and S. 815 
on May 21, 2015 and a hearing on S. 132 on July 16, 2015. On 
July 13, 2016, the Committee on Energy and Natural Resources 
held a business meeting and ordered S. 815 favorably reported 
with an amendment in the nature of a substitute, which combined 
the text of S. 814, S. 815, and S. 816.
    House companion bills, H.R. 1436, H.R. 1437, and H.R. 1438, 
were introduced by Representatives DeFazio and Walden on April 
7, 2015. H.R. 2791 was introduced in the House of 
Representatives by Representatives DeFazio and Walden on June 
16, 2015. H.R. 2791 combines the text of the three bills, H.R. 
1436, H.R. 1437, and H.R. 1438. H.R. 2791 passed the House of 
Representatives by voice vote on September 16, 2015.
    In the 113th Congress, Senators Wyden and Merkley 
introduced similar bills, S. 1414 and S. 1415, on July 31, 
2013. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on the bills on November 20, 2013. The text of 
S. 1414 and S. 1415 were also included in S. 1784, the Oregon 
and California Land Grant Act of 2014, which was ordered 
reported with an amendment in the nature of a substitute by the 
Committee on Energy and Natural Resources on November 13, 2014.
    The Committee on Energy and Natural Resources met in open 
business session on March 30, 2017 and ordered S. 508 favorably 
reported.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
508.

                      Section-by-Section Analysis


Section 1. Short title; Table of contents

    Section 1 provides a short title and a table of contents.

               TITLE I--COW CREEK UMPQUA LAND CONVEYANCE

Section 101. Definitions

    Section 101 defines key terms for this title.

Section 102. Lands to be held in trust

    Section 102 requires the Council Creek land, subject to 
valid existing rights, to be held in trust by the United States 
for the benefit of the Tribe and made part of the reservation 
on the date that is the day after the date that the Secretary 
records the administrative access agreement required under 
section 104(d)(1). The Section also requires the Secretary to 
complete a survey to establish the boundaries of the land taken 
into trust within two years of the Act's enactment.

Section 103. Map and legal description

    Section 103(a) directs the Secretary to file a map and 
legal description with the specified Congressional committees 
as soon as practicable.
    Subsection (b) provides that the maps and legal description 
have the same force and effect as if included in the Title and 
specifies that the Secretary may correct clerical or 
typographical errors in the map or legal description.
    Subsection (c) requires that the map and legal description 
be on file and available for public inspection in the Office of 
the Secretary.

Section 104. Administration

    Section 104(a) preserves the Tribe's existing rights or 
claims to any land or interest in land that exist on the date 
of enactment.
    Subsection (b) expressly prohibits the Tribe from exporting 
unprocessed logs that are harvested from Council Creek land or 
from using any property taken into trust under section 102 for 
any gaming activity carried out under Public Law 100-497 (25 
U.S.C. 2701 et seq.).
    Subsection (c) requires any forest management activities on 
Council Creek land to be managed in accordance with all 
applicable Federal laws.
    Subsection (d) requires the Secretary to seek to enter into 
an MOA with the Tribe for administrative access to the Council 
Creek land within 180 days of enactment. Once such an agreement 
is signed, the Secretary is required to provide to the Tribe 
all the existing reciprocal rights of way agreements that exist 
on the land. This Section further requires the Tribe to 
continue the access provided by these agreements in perpetuity 
on the lands taken into trust.
    Subsection (e) specifies that the land taken into trust is 
not subject to the planning requirements under the Federal Land 
Policy and Management Act (43 U.S.C. 1701 et seq.) except as 
provided for forest management activities in section 104(c).

Section 105. Land reclassification

    Section 105 requires the Secretary of Agriculture and the 
Secretary of the Interior to identify any Oregon and California 
Railroad grant land that is held in trust under section 102 of 
this title within 180 days after the date of enactment. The 
section further requires that within two years the Secretary 
identify public domain land that meets certain criteria 
outlined in the Section that can be reclassified as Oregon and 
California Railroad grant land. The Secretary is required to 
submit to Congress and publish in the Federal Register maps 
that depict the public domain land to be reclassified and 
provide an opportunity for public comment.

                TITLE II--OREGON COASTAL LAND CONVEYANCE

Section 201. Definitions

    Section 201 defines key terms used in this title.

Section 202. Land to be held in trust

    Section 202 requires the Oregon Coastal land, defined in 
section 201 and subject to valid existing rights, to be held in 
trust by the United States for the benefit of the Confederated 
Tribes and made part of the reservation on the date that is the 
day after the date that the Secretary records the required 
administrative access agreement. The section also requires that 
the Secretary, within two years of enactment of the Act, 
complete a survey to establish the boundaries of the land taken 
into trust.

Section 203. Map and legal description

    Section 203(a) directs the Secretary to file a map and 
legal description with the specified Congressional committees.
    Subsection (b) provides that the maps and legal description 
have the same force and effect as if included in the title and 
specifies that the Secretary may correct clerical or 
typographical errors in the map or legal description.
    Subsection (c) requires that the map and legal description 
be on file and available for public inspection in the Office of 
the Secretary.

Section 204. Administration

    Section 204(a) preserves the Confederated Tribes' existing 
rights or claims to any land or interest in land that exist on 
the date of enactment.
    Subsection (b) expressly prohibits the tribe from exporting 
unprocessed logs that are harvested from Oregon Coastal land or 
from using any property taken into trust under section 202 to 
be used for any gaming activity carried out under Public Law 
100-497 (25 U.S.C. 2701 et seq.).
    Subsection (c) requires any all forest management 
activities on the Oregon Coastal land to be managed in 
accordance with all applicable Federal laws.
    Subsection (d) requires the Secretary to seek to enter into 
a Memorandum of Agreement with the Confederated Tribes for 
administrative access for certain activities described in the 
section to the Oregon Coastal land and once such agreement is 
signed the Secretary is required to provide to the Confederated 
Tribes all the existing reciprocal rights of way agreements 
that exist on the land. This section further requires the 
Confederated Tribes to continue the access provided by these 
agreements in perpetuity on the lands taken into trust.
    Subsection (e) specifies that the land taken into trust is 
not subject to the planning requirements under the Federal Land 
Policy and Management Act except as provided for forest 
management activities in section 204(c).

Section 205. Land reclassification

    Section 205 requires the Secretary of Agriculture and the 
Secretary of the Interior to identify any Oregon and California 
Railroad grant land that is held in trust under section 102 of 
this title within 180 days after the date of enactment. The 
section further requires that within two years the Secretary 
identify public domain land that meets certain criteria 
outlined in the Section that can be reclassified as Oregon and 
California Railroad grant land. The Secretary is required to 
submit to Congress and publish in the Federal Register maps 
that depict the public domain land to be reclassified and 
provide an opportunity for public comment.

         TITLE III--AMENDMENTS TO THE COQUILLE RESTORATION ACT

Section 301. Amendments to Coquille Restoration Act

    Section 301 amends the Coquille Restoration Act by striking 
paragraphs (5), which currently subjects the Coquille Forest to 
the standards and guidelines of the Federal forest plans on 
adjacent or nearby Federal lands, and (9), which contains 
special judicial review provisions, and inserting a new 
paragraph (5) that requires the Coquille Forest to be managed 
according to the laws that apply to the management of Indian 
trust land. The section also prohibits the export of 
unprocessed logs harvested from the Coquille Forest and 
specifies certain requirements for timber sales.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the Congressional Budget Office 
completes the cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 508. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 508, as ordered reported.

                   Congressionally Directed Spending

    S. 508, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    Because S. 508 is similar to legislation considered by the 
Committee in the 114th Congress, the Committee did not request 
Executive Agency views. The testimony provided by the U.S. 
Forest Service and the Bureau of Land Management at the hearing 
before the Subcommittee on Public Lands, Forests and Mining on 
May 21, 2015, follows:

  Statement of Timothy M. Murphy, Acting Assistant Director, National 
Conservation Lands & Community Partnerships Bureau of Land Management, 
                       Department of the Interior

    Thank you for the opportunity to testify on S. 814, the 
Oregon Coastal Lands Conveyance Act and S. 815, the Cow Creek 
Umpqua Land Conveyance Act. S. 814 would provide that 
approximately 14,804 acres of Bureau of Land Management (BLM)-
managed lands in western Oregon be held in trust on behalf of 
the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw 
Indians. S. 815 would provide that approximately 17,519 acres 
of BLM-managed lands in western Oregon be held in trust on 
behalf of the Cow Creek Band of Umpqua Tribe of Indians. The 
bills would also require the Department of the Interior to 
reclassify an equal number of acres of public domain lands as 
Oregon and California (O&C) lands to compensate for the loss of 
O&C lands transferred by the bills.
    The Department of the Interior welcomes opportunities to 
work with Congress on the transfer of lands into trust status 
and supports the goals of S. 814 and S. 815. The BLM would like 
the opportunity to work with the sponsor and the Committee to 
address various issues related to the bill, including current 
uses of the lands, consistency with other laws, and the 
difficulty of identifying public domain lands to be 
reclassified as O&C lands.


                               background


    Both the Confederated Tribes of the Coos, Lower Umpqua, and 
Siuslaw Indians and the Cow Creek Band of the Umpqua Tribe of 
Indians have expressed their desire to acquire culturally 
significant tracts of land in the region as well as forest 
lands to be managed for the financial benefit of tribal 
members. The BLM strongly believes that open communication 
between the BLM and tribes is essential in maintaining 
effective government-to-government relationships, and the BLM 
has a positive working relationship with the tribes in the 
area.
    In western Oregon, the BLM currently manages roughly 2.2 
million acres of Revested Oregon and California Railroad and 
Reconveyed Coos Bay Wagon Road Grant Lands under the O&C Lands 
Act 1937. Under the Act, 18 O&C counties receive yearly 
payments equal to 50 percent of receipts from timber harvests 
on public lands in these counties. Since 2000, the BLM has made 
payments to the 18 O&C counties based on the authorities 
provided in the Secure Rural Schools Act, which has been 
reauthorized through FY 2016. The BLM's FY 2016 Budget request 
also includes a proposal for a five-year reauthorization of the 
Act.


                                 s. 814


    S. 814 would provide that seven tracts comprising 
approximately 14,804 acres of BLM-managed lands be held in 
trust for the benefit of the Confederated Tribes of the Coos, 
Lower Umpqua, and Siuslaw Indians (the Tribes). The bill 
directs all right, title, and interest of the United States to 
the identified lands, subject to valid existing rights, to be 
held in trust for the benefit of the Tribes.
    These parcels 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.
    While the transfer would be subject to valid existing 
rights, the BLM would like to continue to work with the sponsor 
on access concerns on certain parcels. S. 814 includes language 
to address the BLM's concerns about an earlier version of the 
legislation by honoring existing reciprocal right-of-way 
agreements and providing for administrative access by the BLM. 
However, we note that under the bill, the public would lose 
access to certain recreational trails and to the Hult Reservoir 
Recreation Area.
    S. 814 also includes lands identified for transfer that 
were acquired with funding from the Land and Water Conservation 
Fund (LWCF) Act of 1965, which requires that these lands remain 
available in perpetuity for the use and enjoyment of the 
public. The BLM would like to work with the sponsor to ensure 
consistency with the LWCF Act.
    The BLM notes that the lands identified for transfer in S. 
814 contain critical habitat for the northern spotted owl and 
marbled murrelet. We note that if these lands are held in 
trust, the BLM will not be able to complete its land management 
objectives for these lands related to the recovery of these 
species.


                                 s. 815


    S. 815 would provide for approximately 17,519 acres of BLM-
managed land in Douglas County, Oregon, to be held in trust for 
the benefit of the Cow Creek Band of Umpqua Tribe of Indians 
(the Tribe). The bill directs all rights, title, and interest 
of the United States to the identified lands, subject to valid 
existing rights, to be held in trust for the benefit of the 
Tribe. The lands identified for transfer would be used to 
restore and expand the historic and economic base for the Tribe 
in southwestern Oregon. The parcels are scattered and 
interspersed with private lands, and include many areas popular 
with hunters, anglers, and campers.
    While the transfer would be subject to valid existing 
rights, the BLM has access concerns related to some parcels. 
The BLM recommends the bill be amended to include similar 
language to S. 814 in Section 5(d) honoring existing reciprocal 
right-of-way agreements and administrative access by the BLM.
    The BLM suggests that corresponding language from S. 814 
Section 5(e) be inserted into S. 815 to ensure that land taken 
into trust under S. 815 would not be subject to the land use 
planning requirements of the Federal Land Policy and Management 
Act of 1976.
    The lands proposed for transfer in S. 815 also include 
populations of the Federally threatened Kincaid's lupine and 
critical habitat for the northern spotted owl. We note that if 
these lands are held in trust, the BLM will not be able to 
complete its land management objectives for these lands related 
to the recovery of these species. The identified parcels also 
include numerous sites of cultural and historical importance. 
The BLM would like to work with the sponsor to clarify language 
related to the protection of wildlife and cultural resources.


                              o&c forestry


    Because many of the lands to be taken into trust by both S. 
814 and S. 815 have been identified for potential future timber 
sales, the BLM believes that the transfer of these lands would 
reduce the quantities of timber that could be offered in future 
timber sales, resulting in a potential reduction of timber 
revenues to the United States and to the O&C counties.
    Under the bills, the BLM would be required to identify and 
reclassify public domain lands as O&C lands to avoid a net loss 
to the acreage of O&C lands. The BLM is concerned that there 
are insufficient public domain lands of comparable condition, 
in the vicinity of the O&C lands to meet this objective. The 
BLM would like to continue to work with the sponsor and the 
Committee on this issue.
    The Draft Western Oregon Resource Management Plan/
Environmental Impact Statement (Draft EIS) was released on 
April 24, 2015. The Draft EIS does not analyze the impacts of 
this transfer in any of the alternatives. The BLM is concerned 
that if these bills became law, there may not be sufficient 
time to address these transfers and their impact to resources 
and uses in the Final EIS. The Final EIS Record of Decision is 
scheduled to be signed in spring 2016.
    The BLM also recognizes that timeframes to complete 
cadastral surveys required by both bills are longer than in 
previous versions, giving the BLM up to 1 year to complete the 
surveys of the boundaries of the transfer. However, the BLM is 
still concerned with being able to meet this requirement and 
would like to continue to work with the sponsor on a timeline 
that would add flexibility to the survey requirements.


                               conclusion


    The Department of the Interior welcomes opportunities to 
work with Congress on the conveyance of lands into trust status 
and supports the goals of S. 814 and S. 815. We look forward to 
working with the sponsor and the Committee to address the 
various issues we have outlined in this testimony, as well as 
other minor technical issues.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as ordered reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman).

                        COQUILLE RESTORATION ACT


Public Law 101-42, as amended

           *       *       *       *       *       *       *



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

           *       *       *       *       *       *       *


    (d) Creation of 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.

           *       *       *       *       *       *       *

          [(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 extent 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 is 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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