69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–204 

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 

2 

1See H.R. 5701 and H.R. 1526 (113th Congress) and H.R. 2791 (114th Congress). 

or all of these tribes were passed by the House of Representatives 

twice in the 113th and once in the 114th Congresses.1

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 

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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 

4 

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 

5 

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 impleVerDate Sep 11 2014 05:42 Jul 13, 2017 Jkt 069006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR204.XXX HR204
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menting 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 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2017– 

2022 

2017– 

2027 

NET INCREASE IN THE DEFICIT 

Statutory Pay-As-YouGo Impact ............. 0 0 0 1 1 1 1 1 1 1 1 2 5 

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 purVerDate Sep 11 2014 05:42 Jul 13, 2017 Jkt 069006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR204.XXX HR204
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suant 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: 

8 

(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. 

ø(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. 

ø(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. 

ø(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 competiVerDate Sep 11 2014 05:42 Jul 13, 2017 Jkt 069006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR204.XXX HR204
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tive 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, proVerDate Sep 11 2014 05:42 Jul 13, 2017 Jkt 069006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR204.XXX HR204
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visions 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. 

ø(9) JURISDICTION.— 

ø(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. 

ø(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. 

ø(C) Unless otherwise provided for by law, remedies 

available under this subsection shall be limited to equitable relief and shall not include damages.¿ 

ø(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; 

11 

(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. 

ø(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. 

ø(12)¿ (11) In the event of a conflict between Federal and 

State law under this subsection, Federal law shall control. 

* * * * * * * 

Æ