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[House Report 115-204]
[From the U.S. Government Publishing Office]

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 or all of these tribes were passed by the House 
of Representatives twice in the 113th and once in the 114th 
Congresses.\1\
---------------------------------------------------------------------------
    \1\See H.R. 5701 and H.R. 1526 (113th Congress) and H.R. 2791 
(114th Congress).
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Title I: Cow Creek Umpqua Land Conveyance

    The Cow Creek Umpqua Tribe and its reservation are located 
in Canyonville, Oregon, along Interstate 5. The Tribe was the 
second in the State to sign a treaty with the United States in 
1853, a treaty ratified by the U.S. Senate in 1854. According 
to the Tribe, its ancestral lands included territory between 
the Cascade Mountains and the Coast Ranges in southwestern 
Oregon along the South Umpqua River and its primary feeder 
stream, Cow Creek.
    The 1854 treaty with the Cow Creek outlined that the Tribe 
would cede 800 square miles of reservation land in exchange for 
$12,000 for goods and services spanning several years; however, 
the stipulations of the treaty were never realized. In 1953 the 
United States formally terminated the Tribe through the Western 
Oregon Indian Termination Act of 1954 (Public Law 588, Chapter 
733, 68 Stat. 724). This Act also terminated several other 
tribes in Oregon.
    In the decades following its termination, the Tribe 
continued to stay in its homelands. In 1982, federal 
recognition of the Tribe was restored by Public Law 97-391. By 
1984 the Tribe had successfully negotiated a $1.5 million 
settlement in the U.S. Court of Claims for tribal land lost in 
the treaty. The Tribe invested the settlement amount to 
establish an endowment fund and has only drawn interest 
annually to provide education, housing, and economic 
development. Today the Tribe has approximately 4,471 acres of 
land held in trust. The Tribe has used this land to operate the 
tribal government and tribally-owned businesses, which include 
Umpqua Indian Foods, the Seven Feathers Casino and Resort, the 
Umpqua Business Center, and the K Bar Ranch. These enterprises 
are operated by an IRS Section 17 tribal charter corporation, 
the Umpqua Indian Development Corporation.
    H.R. 1306 would place title to approximately 17,519 acres 
of public land in Oregon in trust for the benefit of the Cow 
Creek Umpqua Tribe. Lands to be held in trust under Title I are 
depicted on a specific map, and the conveyance of the land in 
trust shall be subject to valid existing rights.
    A substantial amount of the public land placed in trust for 
the tribe under Title I is currently part of the Oregon and 
California Railroad land grant (O&C Land), managed by the 
Bureau of Land Management. Under Title I, the Secretary of the 
Interior is required to reclassify as O&C Land an equal amount 
of public domain land located in the vicinity of the land 
conveyed to the Tribe.
    Land placed in trust for the Tribe under Title I may not be 
used for gambling under the Indian Gaming Regulatory Act (25 
U.S.C 2701 et seq.), and timber harvested from such land shall 
be subject to federal law restricting the export of unprocessed 
logs.

Title II: Oregon Coastal Land Conveyance

    The Confederated Tribes of Coos, Lower Umpqua, and Siuslaw 
Indians are the aboriginal inhabitants of the central and 
south-central coast of Oregon. After initial contact with fur 
traders in the early 1800s, these tribes along the Oregon coast 
negotiated a treaty with the United States in 1855; however, 
the treaty was never ratified nor the terms fully realized. For 
the next 50 years many tribes in Oregon endured an uphill 
struggle.
    In 1940, six acres were bestowed to the tribes by a non-
Indian; later these lands were placed into trust by the 
Department of the Interior. These six acres, which constituted 
the Tribes' reservation, are located approximately 100 miles 
southwest of Eugene, Oregon.
    In 1954 the Tribes, along with several other tribes in 
Oregon, were terminated pursuant to Public Law 588 (Chapter 
733, 68 Stat. 724), effective August 1956. However, in 1984 the 
Tribes' federal recognition was restored by Public Law 98-481. 
Under that Act, approximately 1.02 acres in Coos County, 
Oregon, and several other counties, were placed into trust for 
the establishment as a reservation for the Tribes. In 1998, 
Congress placed an additional tract of land into trust for the 
Tribes under Public Law 105-256.
    Today, the Tribes have 153 acres held in trust by the 
United States. Over the years the Tribes have acquired land 
through donations and purchases, including 98 acres of restored 
land along Highway 126 in Florence, Oregon, where the Three 
Rivers casino is located.
    The parcels transferred under Title II are located in 
western Oregon's Coos, Douglas, Benton, and Lane Counties, and 
include tracts such as the Coos Head, Talbot Allotment, and 
Umpqua Eden parcels, which are of particular cultural 
significance to the Tribes, as well as areas such as the Lower 
Smith River and Tioga tracts managed for timber production.

Title III: Amendments to Coquille Restoration Act

    The Coquille Indian Tribe is located in Coos Bay/North 
Bend, Oregon, on the southern coast.
    After negotiating but failing to ratify a treaty with the 
Coquille in the 1850s, the United States sought to forcibly 
relocate the Coquille people to the Coast (Siletz) Reservation. 
A number of families, however, resisted relocation and stayed 
on their aboriginal lands. Others escaped from their 
confinement on the Coast Reservation to return to their 
ancestral homelands. The homelands they returned to were in the 
process of irrevocable alteration.
    Federal policies targeting the Coquille and other Oregon 
tribes continued to have a negative impact on the Coquille 
people and culture. In 1954 as part of the a federal policy to 
terminate federal relations with a number of tribes, the United 
States terminated the federal recognition of the Coquille 
Indian Tribe through Public Law 588 (Chapter 733, 68 Stat. 
724).
    In 1989, the Coquille Restoration Act (25 U.S.C. 715 et 
seq.) restored federal recognition of the Coquille Tribe and 
directed the Secretary of the Interior to develop a plan for 
the Tribe's self-sufficiency. The Secretary later adopted a 
plan that has as its self-described ``cornerstone'' the 
restoration of 59,000 acres of the Tribe's ancestral lands (25 
U.S.C. 715b). For a multitude of reasons, the Secretary 
ultimately transferred only one tenth of the amount required by 
the Self-Sufficiency Plan (5410 acres). These lands are 
referred to as the ``Coquille Forest.''
    The Coquille Restoration Act additionally provides that the 
Secretary of the Interior, acting through the Assistant 
Secretary for Indian Affairs, shall manage the Coquille Forest 
under applicable State and federal forestry and environmental 
protection laws, subject to critical habitat designations under 
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and 
subject to the ``standards and guidelines'' of federal forest 
plans on adjacent or nearby federal lands.
    Coquille tribal forestlands generate timber revenues that 
are an essential component of the Tribe's and Congress's goals 
of Coquille tribal self-governance. Reasonably consistent and 
predictable timber revenues are critical for the successful 
planning and management of Tribal programs, as well as 
providing employment for Tribal members and members of the 
local community, in both direct and indirect ways.
    Unlike other tribal trust forestlands in the United States, 
the Coquille tribal forestlands are statutorily required, 
pursuant to the Coquille Forest Act (25 U.S.C. 715c), to meet 
additional burdens of complying with the standards and 
guidelines of adjacent federal lands. Essentially, adjacent 
federal land managers write most of the management 
prescriptions for the Coquille Forest.
    This statutory requirement negatively impacts the Tribe by 
reducing the land available for timber harvest from 5140 acres 
to 3401 acres. In addition, the linkage to other federal 
forestlands has invited repeated appeals and litigation against 
the Department of the Interior in attempts to block or severely 
restrict timber management on tribal forestlands. The delays 
and costs of these efforts adversely affect the Tribe.
    The problem is further compounded by the current revision 
of the management plan for federal lands adjacent to the 
Coquille Forest. If the Bureau of Land Management changes the 
management scheme for those adjacent lands, it could result in 
greater management restrictions on Coquille Forest lands.
    Timber on tribal lands is generally subject to laws and 
regulations implemented by the Department of the Interior, 
including the National Indian Forest Resources Management Act 
(25 U.S.C. 3101 et seq.). Title III of H.R. 1306 would require 
the Department of the Interior to manage the Coquille Forest in 
accordance with laws pertaining to the management of Indian 
trust land.

                            Committee Action

    H.R. 1306 was introduced on March 2, 2017, by Congressman 
Peter A. DeFazio (D-OR). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Indian, Insular and Alaska Native Affairs and 
the Subcommittee on Federal Lands. On June 22, 2017, the Full 
Natural Resources Committee met to consider the bill. The 
Subcommittee on Indian, Insular and Alaska Native Affairs and 
the Subcommittee on Federal Lands were discharged by unanimous 
consent. No amendments were offered and the bill was ordered 
favorably reported to the House of Representatives by unanimous 
consent on June 27, 2017.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 5, 2017.
Hon. Rob Bishop
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1306, the Western 
Oregon Tribal Fairness Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 1306--Western Oregon Tribal Fairness Act

    H.R. 1306 would convey federally owned portions of Oregon 
and California Railroad grant lands in the state of Oregon to 
local Indian tribes--about 17,500 acres to the Cow Creek Band 
of Umpqua Tribe of Indians and about 14,700 acres to the 
Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. 
The bill would then require that the Department of the Interior 
(DOI) locate a similar amount of land in the public domain and 
reclassify that land as Oregon and California Railroad grant 
land. Finally, the bill would amend how the federal government 
manages forest land held in trust for the benefit of the 
Coquille Tribe of Coos County, Oregon.
    Under current law, the lands specified for conveyance 
generate federal receipts from the sale of timber, which are 
treated a reductions in direct spending; those receipts are not 
available to be spent without further appropriation. The 
government currently retains about 50 percent of the total 
receipts earned from Oregon and California Railroad grant lands 
and 96 percent of receipts earned on lands in the public 
domain. Thus, conveying the land to the tribes and 
reclassifying other federal lands would reduce such receipts 
and increase direct spending.
    Based on an analysis of information provided by DOI about 
the value of timber harvested on those properties, CBO 
estimates that enacting H.R. 1306 would increase net direct 
spending by $5 million over the 2018-2027 period. Those changes 
in outlays, which are subject to pay-as-you-go procedures are 
shown in the following table. Enacting H.R. 1306 would not 
affect revenues and implementing the bill would have no 
significant effect on spending subject to appropriation.
    CBO estimates that enacting H.R. 1306 would not increase 
net direct spending or on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2028.

          CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 1306, AS ORDERED REPORTED BY THE HOUSE COMMITTEE AN NATURAL RESOURCES ON JUNE 27, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              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-You-Go 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 pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

COQUILLE RESTORATION ACT

           *       *       *       *       *       *       *

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

  (a) Lands To Be Taken in Trust.--The Secretary shall accept 
any real property located in Coos and Curry Counties not to 
exceed one thousand acres for the benefit of the Tribe if 
conveyed or otherwise transferred to the Secretary: Provided, 
That, at the time of such acceptance, there are no adverse 
legal claims on such property including outstanding liens, 
mortgages, or taxes owed. The Secretary may accept any 
additional acreage in the Tribe's service area pursuant to his 
authority under the Act of June 18, 1934 (48 Stat. 984).
  (b) Lands To Be Part of the Reservation.--Subject to the 
conditions imposed by this section, the land transferred shall 
be taken in the name of the United States in trust for the 
Tribe and shall be part of its reservation.
  (c) Lands To Be Nontaxable.--Any real property taken into 
trust for the benefit of the Tribe under this section shall be 
exempt from all local, State, and Federal taxation as of the 
date of transfer.
  (d) Creation of the Coquille Forrest.--
          (1) Definitions.--In this subsection:
                  (A) the term ``Coquille Forest'' means 
                certain landsin Coos County, Oregon, comprising 
                approximately 5,400acres, as generally depicted 
                on the map entitled ``Coquille Forest 
                Proposal'', dated July 8, 1996.
                  (B) the term ``Secretary'' means the 
                Secretary of the Interior.
                  (C) the term ``the Tribe'' means the Coquille 
                Tribe of Coos County, Oregon.
          (2) Map.--The map described in subparagraph 
        (d)(l)(A),and such additional legal descriptions which 
        are applicable, shall be placed on file at the local 
        District Office of the Bureauof Land Management, the 
        Agency Office of the Bureau of Indian Affairs, and with 
        the Senate Committee on Energy and Natural Resources 
        and the House Committee on Resources.
          (3) Interim period.--From the date of enactment of 
        this subsection until two years after the date of 
        enactment of this subsection, the Bureau of Land 
        Management shall:
                  (A) retain Federal jurisdiction for the 
                management of lands designated under this 
                subsection as the Coquille Forest and continue 
                to distribute revenues from such landsin a 
                manner consistent with existing law; and,
                  (B) prior to advertising, offering or 
                awarding any timber sale contract on lands 
                designated under this subsection as the 
                Coquille Forest, obtain the approval of the 
                Assistant Secretary for Indian Affairs, acting 
                on behalf of and in consultation with the 
                Tribe.
          (4) Transition planning and designation.--
                  (A) During the two year interim period 
                provided for in paragraph (3), the Assistant 
                Secretary for Indian Affairs, acting on behalf 
                of and in consultation with the Tribe, is 
                authorized to initiate development of a forest 
                management plan for the Coquille Forest. The 
                Secretary, acting through the Director of the 
                Bureau of Land Management, shall cooperate and 
                assist in the development of such plan and in 
                the transition of forestry management 
                operations for the Coquille Forest to the 
                Assistant Secretary for Indian Affairs.
                  (B) Two years after the date of enactment of 
                this subsection, the Secretary shall take the 
                lands identified under subparagraph (d)(l)(A) 
                into trust, and shall hold such lands in trust, 
                in perpetuity, for the Coquille Tribe. Such 
                lands shall be thereafter designated as the 
                Coquille Forest.
                  (C) So as to maintain the current flow of 
                revenue from land subject to the Act entitled 
                ``An Act relating to the revested Oregon and 
                California Railroad and reconveyed Coos Bay 
                Wagon Road grant land situated in the State of 
                Oregon'' (the O&C Act), approved August 28, 
                1937(43 U.S.C. 1181a et seq.), the Secretary 
                shall redesignate, from public domain lands 
                within the tribe's service area, as defined in 
                this Act, certain lands to be subject to the 
                O&C Act. Lands redesignated under this 
                subparagraph shall not exceed lands sufficient 
                to constitute equivalent timber value as 
                compared to lands constituting the Coquille 
                Forest.
          [(5) Management.--The Secretary of Interior, acting 
        through the Assistant Secretary for Indian Affairs, 
        shall manage the Coquille Forest under applicable State 
        and Federal forestry and environmental protection laws, 
        and subject to critical habitat designations under the 
        Endangered Species Act, and subject to the standards 
        and guidelines of Federal forest plans on adjacent or 
        nearby Federal lands, now and in the future. The 
        Secretary shall otherwise manage the Coquille Forest in 
        accordance with the laws pertaining to the management 
        of Indian Trust lands and shall distribute revenues in 
        accord with Public Law 101-630,25 U.S.C. 3107.
                  [(A) Unprocessed logs harvested from the 
                Coquille Forest shall be subject to the same 
                Federal statutory restrictions on export to 
                foreign Nations that apply to unprocessed logs 
                harvested from Federal lands.
                  [(B) Notwithstanding any other provision of 
                law, all sales of timber from land subject to 
                this subsection shall be advertised, offered 
                and awarded according to competitive bidding 
                practices, with sales being awarded to the 
                highest responsible bidder.]
          (5) Management.--
                  (A) In general.--Subject to subparagraph (B), 
                the Secretary, acting through the Assistant 
                Secretary for Indian Affairs, shall manage the 
                Coquille Forest in accordance with the laws 
                pertaining to the management of Indian trust 
                land.
                  (B) Administration.--
                          (i) Unprocessed logs.--Unprocessed 
                        logs harvested from the Coquille Forest 
                        shall be subject to the same Federal 
                        statutory restrictions on export to 
                        foreign nations that apply to 
                        unprocessed logs harvested from Federal 
                        land.
                          (ii) Sales of timber.--
                        Notwithstanding any other provision of 
                        law, all sales of timber from land 
                        subject to this subsection shall be 
                        advertised, offered, and awarded 
                        according to competitive bidding 
                        practices, with sales being awarded to 
                        the highest responsible bidder.
          (6) Indian self determination act agreement.--No 
        sooner than two years after the date of enactment of 
        this subsection, the Secretary may, upon a satisfactory 
        showing of management competence and pursuant to the 
        Indian Self-Determination Act (25 U.S.C. 450 et seq.), 
        enter into a binding Indian self-determination 
        agreement (agreement) with the Coquille Indian Tribe. 
        Such agreement may provide for the tribe to carry out 
        all or a portion of the forest management for the 
        Coquille Forest.
                  (A) Prior to entering such an agreement, and 
                as acondition of maintaining such an agreement, 
                the Secretary must find that the Coquille Tribe 
                has entered into a binding memorandum of 
                agreement (MOA) with the State of Oregon, as 
                required under paragraph 7.
                  (B) The authority of the Secretary to rescind 
                the Indian self-determination agreement shall 
                not be encumbered.
                          (i) The Secretary shall rescind the 
                        agreement upon a demonstration that the 
                        tribe and the State of Oregon are no 
                        longer engaged in a memorandum of 
                        agreement as required under paragraph 
                        7.
                          (ii) The Secretary may rescind the 
                        agreement ona showing that the Tribe 
                        has managed the Coquille Forest in a 
                        manner inconsistent with this 
                        subsection, or the Tribe is no longer 
                        managing, or capable of managing, the 
                        Coquille Forest in a manner consistent 
                        with this subsection.
          (7) Memorandum of agreement.--The Coquille Tribe 
        shall enter into a memorandum of agreement (MOA) with 
        the State of Oregon relating to the establishment and 
        management of the Coquille Forest. The MOA shall 
        include, but not be limited to, the terms and 
        conditions for managing the Coquille Forest in a manner 
        consistent with paragraph (5) of this subsection, 
        preserving public access, advancing jointly-held 
        resource management goals, achieving tribal restoration 
        objectives and establishing a coordinated management 
        framework. Further, provisions set forth in the MOA 
        shall be consistent with federal trust responsibility 
        requirements applicable to Indian trust lands and 
        paragraph (5) of this subsection.
          (8) Public Access.--The Coquille Forest shall remain 
        open to public access for purposes of hunting, fishing, 
        recreation and transportation, except when closure is 
        required by state or federal law, or when the Coquille 
        Indian Tribe and the State of Oregon agree in writing 
        that restrictions on access are necessary or 
        appropriate to prevent harm to natural resources, 
        cultural resources or environmental quality; 
        Provided,That the State of Oregon's agreement shall not 
        be required when immediate action is necessary to 
        protect archaeological resources.
          [(9) Jurisdiction.--
                  [(A) The United States District Court for the 
                District of Oregon shall have jurisdiction over 
                actions against the Secretary arising out of 
                claims that this subsection has been violated. 
                Consistent with existing precedents on standing 
                to sue, any affected citizen may bring suit 
                against the Secretary for violations of this 
                subsection, except that suit may not be brought 
                against the Secretary for claims that the MOA 
                has been violated. The Court has the authority 
                to hold unlawful and set aside actions pursuant 
                to this subsection that are arbitrary and 
                capricious, an abuse of discretion, or 
                otherwise an abuse of law.
                  [(B) The United States District Court for the 
                District of Oregon shall have jurisdiction over 
                actions between the State of Oregon and the 
                Tribe arising out of claims of breach of the 
                MOA.
                  [(C) Unless otherwise provided for by law, 
                remedies available under this subsection shall 
                be limited to equitable relief and shall not 
                include damages.]
          [(10)] (9) State regulatory and civil jurisdiction.--
        In addition to the jurisdiction described in paragraph 
        7 of this subsection, the State of Oregon may exercise 
        exclusive regulatory civil jurisdiction, including but 
        not limited to adoption and enforcement of 
        administrative rules and orders, over the following 
        subjects:
                  (A) management, allocation and administration 
                of fish and wildlife resources, including but 
                not limited to establishment and enforcement of 
                hunting and fishing seasons, bag limits, limits 
                on equipment and methods, issuance of permits 
                and licenses, and approval or disapproval of 
                hatcheries, game farms, and other breeding 
                facilities; Provided,That nothing herein shall 
                be construed to permit the State of Oregon to 
                manage fish or wildlife habitat on Coquille 
                Forest lands;
                  (B) allocation and administration of water 
                rights, appropriation of water and use of 
                water;
                  (C) regulation of boating activities, 
                including equipment and registration 
                requirements, and protection of thepublic's 
                right to use the waterways for purposes of 
                boatingor other navigation;
                  (D) fills and removals from waters of the 
                State, as defined in Oregon law;
                  (E) protection and management of the State's 
                proprietary interests in the beds and banks of 
                navigable waterways;
                  (F) regulation of mining, mine reclamation 
                activities, and exploration and drilling for 
                oil and gas deposits;
                  (G) regulation of water quality, air quality 
                (including smoke management), solid and 
                hazardous waste, and remediation of releases of 
                hazardous substances;
                  (H) regulation of the use of herbicides and 
                pesticides; and
                  (I) enforcement of public health and safety 
                standards, including standards for the 
                protection of workers, well construction and 
                codes governing the construction of bridges, 
                buildings, and other structures.
          [(11)] (10) Savings clause, state authority.--
                  (A) Nothing in this subsection shall be 
                construed to grant tribal authority over 
                private or State-owned lands.
                  (B) To the extend that the State of Oregon is 
                regulating the foregoing areas pursuant to a 
                delegated Federal authority or a Federal 
                program, nothing in this subsection shall be 
                construed to enlarge or diminish the State's 
                authority under such law.
                  (C) Where both the State of Oregon and the 
                United States are regulating, nothing herein 
                shall be construed to alter their respective 
                authorities.
                  (D) To the extent that Federal law authorizes 
                the Coquille Indian Tribe to assume regulatory 
                authority over an area, nothing herein shall be 
                construed to enlarge or diminish the tribe's 
                authority to do so under such law.
                  (E) Unless and except to the extent that the 
                tribe has assumed jurisdiction over the 
                Coquille Forest pursuant to Federal law, or 
                otherwise with the consent of the State, the 
                State of Oregon shall have jurisdiction and 
                authority to enforce its laws addressing the 
                subjects listed in subparagraph 10 of this 
                subsection on the Coquille Forest against the 
                Coquille Indian Tribe, its members and all 
                other persons and entities, in the same manner 
                and with the same remedies and protections and 
                appeal rights as otherwise provided by general 
                Oregon law. Where the State of Oregon and 
                Coquille Indian Tribe agree regarding the 
                exercise of tribal civil regulatory 
                jurisdiction over activities on the Coquille 
                Forest lands, the tribe may exercise such 
                jurisdiction as its agreed upon.
          [(12)] (11) In the event of a conflict between 
        Federal and State law under this subsection, Federal 
        law shall control.

           *       *       *       *       *       *       *

                                  [all]
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