49–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–254 

WESTERN OREGON TRIBAL FAIRNESS ACT 

SEPTEMBER 8, 2015.—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. 2791] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 2791) to require that certain Federal lands be held in 

trust by the United States for the benefit of certain Indian tribes 

in 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. 2791 is to require certain Federal lands be 

held in trust by the United States for the benefit of certain Indian 

tribes in Oregon. 

BACKGROUND AND NEED FOR LEGISLATION

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 


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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 the termination era, the Tribe continued 

to stay in its homelands. In 1982, federal recognition of the Tribe 

was restored by Congress by Public Law 97–391. By 1984 it 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 from the endowment 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. 2791 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 this section 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 is currently part of the Oregon 

& California (O&C) railroad land grant, 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 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. Coquille Forest Fairness 

The Coquille Indian Tribe is located in Coos Bay/North Bend, Oregon, on the 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. 

Federal policies targeting the Coquille and other Oregon tribes 

continued to have 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 the Western Oregon Indian Termination Act of 1954. 

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 reVerDate Sep 11 2014 22:30 Sep 14, 2015 Jkt 049006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR254.XXX HR254

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quired by the Self-Sufficiency Plan (5,410 acres). These lands are 

referred to as the ‘‘Coquille Forest’’. 

The Coquille Restoration Act additionally provides that 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, 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. 

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 5,140 acres to 

3,401 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 

directly impact 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 II of H.R. 2791 would require Interior to manage the 

Coquille Forest in accordance with laws pertaining to the management of Indian trust land. 

Without H.R. 2791, the Tribe must continue to manage its timber on an uneven playing field relative to other tribes, and the 

Tribe could expect reduced timber harvest from an already depressed level. 

Title III. 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. 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 


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1Tiller’s Guide to Indian Country, compiled by Veronica E. Valarde Tiller, 2005, at 885. 

2 Id. 

Interior. These six acres, which constituted the Tribes’ reservation, 

are located approximately 100 miles southwest of Eugene, Oregon.1

In 1954 the Tribes, along with several other tribes in Oregon, 

were terminated pursuant to Public Law 588, 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.2 H.R. 2791 would provide that seven tracts of land currently managed by the Bureau of Land Management, totaling 

14,804 acres, be held in trust on behalf of the Confederated Tribes 

of the Coos, Lower Umpqua, and Siuslaw Indians. 

The parcels transferred pursuant to H.R. 2791 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. 

H.R. 2791 combines the text of three other bills introduced in the 

114th Congress, H.R. 1436, H.R. 1437 and H.R. 1438. In the 113th 

Congress, nearly identical portions of H.R. 2791 also passed the 

House of Representatives as part of H.R. 1526, Restoring Healthy 

Forests for Healthy Communities Act, as well as in H.R. 5701. 

COMMITTEE ACTION

H.R. 2791 was introduced on June 16, 2015, 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 July 8, 2015, the Natural Resources Committee met to consider the bill. The Subcommittees 

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 July 9, 2015. 

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 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carVerDate Sep 11 2014 22:30 Sep 14, 2015 Jkt 049006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR254.XXX HR254

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rying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 2791—Western Oregon Tribal Fairness Act 

H.R. 2791 would convey federal lands in the state of Oregon to 

local Native American tribes. The legislation would transfer nearly 

18,000 acres of federal land to the Cow Creek Band of Umpaqua 

Tribe of Indians and more than 14,000 acres of federal land to the 

Confederated Tribes of Coos, Lower Umpaqua, and Siuslaw Indians. H.R. 2791 also would amend how the federal government manages forest land held in trust for the benefit of the Coquille Tribe 

of Coos County, Oregon. 

CBO estimates that implementing the legislation would have no 

significant effect on spending subject to appropriation. Enacting 

H.R. 2791 would affect direct spending; therefore, pay-as-you-go 

procedures apply. Under current law, the specified lands generate 

receipts to the Treasury from the sale of timber. Therefore, by conveying the land to the tribes, the bill would reduce offsetting receipts, which are treated as reductions in direct spending. However, based on information from federal agencies, CBO estimates 

that the forgone receipts would be insignificant for each year and 

less than $500,000 over the 2016–2025 period. 

H.R. 2791 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

benefit the tribes. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or 

tax expenditures. The Congressional Budget Office has indicated 

that the bill ’’would have no significant effect on spending subject 

to appropriation’’; however, the bill could affect offsetting receipts, 

but any foregone receipts ‘‘would be insignificant for each year and 

less than $500,000 over the 2016–2025 period.’’ 

3. 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 require certain Federal lands be held in trust by 

the United States for the benefit of certain Indian tribes in 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. 


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COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

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 lands in 

Coos County, Oregon, comprising approximately 5,400 


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acres, 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 Bureau of 

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 lands 

in 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 forVerDate Sep 11 2014 22:30 Sep 14, 2015 Jkt 049006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\HR254.XXX HR254

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estry 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 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 a condition 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. 


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(ii) The Secretary may rescind the agreement on a 

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 objective sand 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. 

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, 


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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. 

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 

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tivities 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 


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