Page 287 TITLE 25—INDIANS § 712

reservation for the tribe, the Secretary, in developing a plan under subsection (b) of this section for the establishment of a reservation, shall

notify and consult with all appropriate officials

of the State of Oregon, all appropriate local governmental officials in the State of Oregon and

any other interested parties. Such consultation

shall include the following subjects:

(1) the size and location of the reservation;

(2) the effect the establishment of the reservation would have on State and local tax

revenues;

(3) the criminal and civil jurisdiction of the

State of Oregon with respect to the reservation and persons on the reservation;

(4) hunting, fishing, and trapping rights of

the tribe and members of the tribe, on the reservation;

(5) the provision of State and local services

to the reservation and to the tribe and members of the tribe on the reservation; and

(6) the provision of Federal services to the

reservation and to the tribe and members of

the tribe and the provision of services by the

tribe to members of the tribe.

(d) Provisions of plan

Any plan developed under this section for the

establishment of a reservation for the tribe shall

provide that—

(1) any real property transferred by the tribe

or members of the tribe to the Secretary shall

be taken in the name of the United States in

trust for the benefit of the tribe and shall be

the reservation for the tribe;

(2) the establishment of such a reservation

will not grant or restore to the tribe or any

member of the tribe any hunting, fishing, or

trapping right of any nature, including any indirect or procedural right or advantage, on

such reservation;

(3) the Secretary shall not accept any real

property in trust for the benefit of the tribe or

its members unless such real property is located within Lincoln County, State of Oregon;

(4) any real property taken in trust by the

Secretary for the benefit of the tribe or its

members shall be subject to all rights existing

at the time such property is taken in trust, including liens, outstanding Federal, State, and

local taxes, mortgages, outstanding indebtedness of any kind, easements, and all other obligations, and shall be subject to foreclosure

and sale in accordance with the laws of the

State of Oregon;

(5) the transfer of any real property to the

Secretary in trust for the benefit of the tribe

or its members shall be exempt from all Federal, State, and local taxation, and all such

real property shall, as of the date of such

transfer, be exempt from Federal, State, and

local taxation; and

(6) the State of Oregon shall have civil and

criminal jurisdiction with respect to the reservation and persons on the reservation in accordance with section 1360 of title 28 and section 1162 of title 18.

(e) Statement

The Secretary shall append to the plan a detailed statement describing the manner in which

the notification and consultation prescribed by

subsection (c) of this section was carried out and

shall include any written comments with respect to the establishment of a reservation for

the tribe submitted to the Secretary by State

and local officials and other interested parties

in the course of such consultation.

(Pub. L. 95–195, §7, Nov. 18, 1977, 91 Stat. 1418.)

AUTHORITY TO ERECT PERMANENT IMPROVEMENTS ON

LAND ACQUIRED FOR CONFEDERATED TRIBES OF

SILETZ INDIANS OF OREGON

Pub. L. 97–38, Aug. 14, 1981, 95 Stat. 938, provided:

‘‘That, notwithstanding any other provision of law or

regulation, the Attorney General shall approve any

deed or other instrument which—

‘‘(1) conveys to the United States the land described

in section 2 of the Act entitled ‘An Act to establish

a reservation for the Confederated Tribes of Siletz Indians of Oregon’, approved September 4, 1980 (94 Stat.

1073) [set out below], and

‘‘(2) incorporates by reference the terms of the

agreement entered into on September 18, 1980, by the

city of Siletz, Oregon, the Confederated Tribes of

Siletz Indians of Oregon, and the United States of

America.

The Secretary of the Interior or the Confederated

Tribes of Siletz Indians of Oregon may erect permanent

improvements, improvements of a substantial value, or

any other improvements authorized by law on such

land after such land is conveyed to the United States.’’

ESTABLISHMENT OF RESERVATION FOR CONFEDERATED

TRIBES OF SILETZ INDIANS OF OREGON

Pub. L. 96–340, Sept. 4, 1980, 94 Stat. 1072, as amended

by Pub. L. 103–435, §3, Nov. 2, 1994, 108 Stat. 4567, established a reservation for the Confederated Tribes of

Siletz Indians of Oregon, particularly describing, subject to all valid liens, rights-of-way, agreements, licenses, permits, and easements as of Sept. 4, 1980, the

parcel of land, consisting of approximately 3,630 acres

in the State of Oregon as well as other parcels of land

to be conveyed to the Secretary of the Interior, to be

held in trust for the Confederated Tribes of Siletz Indians of Oregon, with all parcels of land subject to the

provisions of section 461 et seq. of this title and the

right of the Secretary of the Interior to establish, without compensation to such tribes, reasonable rights-ofway and easements to provide access to other Federal

lands, no new or additional hunting, fishing, or trapping rights beyond the rights declared in the final judgment of the United States District Court in the action

entitled Confederated Tribes of Siletz Indians of Oregon

against State of Oregon, entered on May 2, 1980, be

deemed, granted, or restored to the tribe or any member of the tribe, and civil and criminal jurisdiction, in

accordance with section 1360 of Title 28, Judiciary and

Judicial Procedure, and section 1162 of Title 18, Crimes

and Criminal Procedure, to reside with the State of Oregon with respect to the reservation and any individual

on the reservation.

§ 711f. Rules and regulations

The Secretary may make such rules and regulations as are necessary to carry out the purposes of this subchapter.

(Pub. L. 95–195, §8, Nov. 18, 1977, 91 Stat. 1419.)

SUBCHAPTER XXX–B—COW CREEK BAND

OF UMPQUA TRIBE OF OREGON

§ 712. Definitions

For the purposes of this subchapter—

(1) the term ‘‘tribe’’ means the Cow Creek

Band of Umpqua Tribe of Indians; and

(2) the term ‘‘member’’, when used with respect to the tribe, means a person enrolled on