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.

April 10, 2003

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

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.'.

END