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ant to subsection (h) for Federal administration of
such appropriations pursuant to this title.
(6) The Bureau of Reclamation is authorized to
provide by grant to the Working Group not more
than 5 percent of funds appropriated pursuant to
subsection (h) of this title for not more than 50 per-
cent of administrative costs relating to the imple-
mentation of this title.
(7) The Federal agencies with authority and re-
sponsibility in the Deschutes River Basin shall pro-
vide technical assistance to the Working Group and
shall designate representatives to serve as members
of the Working Group.
(8) All funding recommendations developed by
the Working Group shall be based on a consensus of
the Working Group members.
(c) PUBLIC NOTICE
AND PARTICIPATION.—The
Working Group shall conduct all meetings subject to ap-
plicable open meeting and public participation laws. The
chartering requirements of 5 U.S.C. App 2 ss 1–15 are
hereby deemed to have been met by this section.
(d) PRIORITIES.—The Working Group shall give
priority to voluntary market-based economic incentives
for ecosystem restoration including, but not limited to,
water leases and purchases; land leases and purchases;
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tradable discharge permits; and acquisition of timber,
grazing, and land development rights to implement plans,
programs, measures, and projects.
(e) TERMS
AND VACANCIES.—Members of the
Working Group representing governmental agencies or
entities shall be named by the represented government
agency. Members of the Working Group representing pri-
vate interests shall be named in accordance with the arti-
cles of incorporation and bylaws of the Working Group.
Representatives from Federal agencies will serve for
terms of 3 years. Vacancies which occur for any reason
after the date of enactment of this title shall be filled in
accordance with this title.
(f) ADDITIONAL PROJECTS.—Where existing au-
thority and appropriations permit, Federal agencies may
contribute to the implementation of projects rec-
ommended by the Working Group and approved by the
Secretary.
(g) RIGHTS, DUTIES AND AUTHORITIES UNAF-
FECTED.—The Working Group will supplement, rather
than replace, existing efforts to manage the natural re-
sources of the Deschutes Basin. Nothing in this title af-
fects any legal right, duty or authority of any person or
agency, including any member of the working group.
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(h) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this title
$1,000,000 for each of fiscal years 1997 through 2001.
TITLE IV—MOUNT HOOD
CORRIDOR
SEC. 401. LAND EXCHANGE.
(a) AUTHORIZATION.—Notwithstanding any other
law, if Longview Fibre Company (referred to in this sec-
tion as ‘‘Longview’’) offers and conveys title that is ac-
ceptable to the United States to some or all of the land
described in subsection (b), the Secretary of the Interior
(referred to in this section as the ‘‘Secretary’’) shall con-
vey to Longview title to some or all of the land described
in subsection (c), as necessary to satisfy the requirements
of subsection (d).
(b) LAND TO BE OFFERED BY LONGVIEW.—The
land referred to in subsection (a) as the land to be of-
fered by Longview are those lands depicted on the map
entitled ‘‘Mt. Hood Corridor Land Exchange Map’’,
dated July 18, 1996.
(c) LAND
TO
BE
CONVEYED
BY
THE
SEC-
RETARY.—The land referred to in subsection (a) as the
land to be conveyed by the Secretary are those lands de-
picted on the map entitled ‘‘Mt. Hood Corridor Land Ex-
change Map’’, dated July 18, 1996.
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(d) EQUAL VALUE.—The land and interests in
land exchanged under this section shall be of equal mar-
ket value as determined by nationally recognized ap-
praisal standards, including, to the extent appropriate,
the Uniform Standards for Federal Land Acquisition, the
Uniform Standards of Professional Appraisal Practice, or
shall be equalized by way of payment of cash pursuant
to the provisions of section 206(d) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1716(d)), and other applicable law.
(e) REDESIGNATION OF LAND TO MAINTAIN REV-
ENUE FLOW.—So as to maintain the current flow of rev-
enue from land subject to the Act entitled ‘‘An Act relat-
ing to the revested Oregon and California Railroad and
reconveyed Coos Bay Wagon Road grant land situated in
the State of Oregon’’, approved August 28, 1937 (43
U.S.C. 1181a et seq.), the Secretary may redesignate
public domain land located in and west of Range 9 East,
Willamette Meridian, Oregon, as land subject to that Act.
(f) TIMETABLE.—The exchange directed by this
section shall be consummated not later than 1 year after
the date of enactment of this title.
(g) WITHDRAWAL OF LANDS.—All lands managed
by the Department of the Interior, Bureau of Land Man-
agement, located in Townships 2 and 3 South, Ranges 6
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and 7 East, Willamette Meridian, which can be seen from
the right-of-way of U.S. Highway 26 (in this section,
such lands are referred to as the ‘‘Mt. Hood Corridor
Lands’’), shall be managed primarily for the protection
or enhancement of scenic qualities. Management prescrip-
tions for other resource values associated with these
lands shall be planned and conducted for purposes other
than timber harvest, so as not to impair the scenic quali-
ties of the area.
(h) TIMBER CUTTING.—Timber cutting may be
conducted on Mt. Hood Corridor Lands following a re-
source-damaging catastrophic event. Such cutting may
only be conducted to achieve the following resource man-
agement objectives, in compliance with the current land
use plans—
(1) to maintain safe conditions for the visiting
public;
(2) to control the continued spread of forest
fire;
(3) for activities related to administration of
the Mt. Hood Corridor Lands; or
(4) for removal of hazard trees along trails and
roadways.
(i) ROAD CLOSURE.—The forest road gate located
on Forest Service Road 2503, located in T. 2 S., R. 6
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E., sec. 14, shall remain closed and locked to protect re-
sources and prevent illegal dumping and vandalism. Ac-
cess to this road shall be limited to—
(1) Federal and State officers and employees
acting in an official capacity;
(2) employees and contractors conducting au-
thorized activities associated with the telecommuni-
cation sites located in T. 2 S., R. 6 E., sec. 14; and
(3) the general public for recreational purposes,
except that all motorized vehicles will be prohibited.
(j) NEPA EXEMPTION.—The National Environ-
mental Policy Act of 1969 (P.L. 91–190) shall not apply
to this section for one year after the date of enactment
of this title.
(k) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.
TITLE V—COQUILLE TRIBAL
FOREST
SEC. 501. CREATION OF THE COQUILLE FOREST.
(a) The Coquille Restoration Act (P.L. 101–42) is
amended by inserting at the end of section 5 the follow-
ing:
‘‘(d) CREATION OF THE COQUILLE FOREST.—
‘‘(1) DEFINITIONS.—In this subsection:
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‘‘(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 ap-
plicable State and Federal forestry and environ-
mental protection laws, and subject to critical habi-
tat designations under the Endangered Species Act,
and subject to the standards and guidelines of Fed-
eral 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 In-
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dian Trust lands and shall distribute revenues in ac-
cord 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 for-
eign nations that apply to unprocessed logs har-
vested 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 prac-
tices, 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-Deter-
mination Act (25 U.S.C. 450 et seq.), enter into a
binding Indian self-determination agreement (agree-
ment) with the Coquille Indian Tribe. Such agree-
ment may provide for the tribe to carry out all or
a portion of the forest management for the Coquille
Forest.
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‘‘(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 re-
scind 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 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
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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 es-
tablishing a coordinated management framework.
Further, provisions set forth in the MOA shall be
consistent with federal trust responsibility require-
ments applicable to Indian trust lands and para-
graph (5) of this subsection.
‘‘(8) PUBLIC
ACCESS.—The Coquille Forest
shall remain open to public access for purposes of
hunting, fishing, recreation and transportation, ex-
cept 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 nat-
ural resources, cultural resources or environmental
quality: Provided, That the State of Oregon’s agree-
ment shall not be required when immediate action is
necessary to protect archaeological resources.
‘‘(9) JURISDICTION.—
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‘‘(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 sub-
section, 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 capri-
cious, 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 in-
clude damages.
‘‘(10) STATE REGULATORY AND CIVIL JURIS-
DICTION.—In addition to the jurisdiction described
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in paragraph 7 of this subsection, the State of Or-
egon may exercise exclusive regulatory civil jurisdic-
tion, including but not limited to adoption and en-
forcement of administrative rules and orders, over
the following subjects:
‘‘(A) management, allocation and adminis-
tration of fish and wildlife resources, including
but not limited to establishment and enforce-
ment of hunting and fishing seasons, bag limits,
limits on equipment and methods, issuance of
permits and licenses, and approval or dis-
approval of hatcheries, game farms, and other
breeding facilities: Provided, That nothing here-
in shall be construed to permit the State of Or-
egon 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, in-
cluding equipment and registration require-
ments, and protection of the public’s right to
use the waterways for purposes of boating or
other navigation;
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‘‘(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 reclama-
tion activities, and exploration and drilling for
oil and gas deposits;
‘‘(G) regulation of water quality, air qual-
ity (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 safe-
ty standards, including standards for the pro-
tection of workers, well construction and codes
governing the construction of bridges, buildings,
and other structures.
‘‘(11) 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 Or-
egon is regulating the foregoing areas pursuant
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to a delegated Federal authority or a Federal
program, nothing in this subsection shall be
construed to enlarge or diminish the State’s au-
thority under such law.
‘‘(C) Where both the State of Oregon and
the United States are regulating, nothing here-
in shall be construed to alter their respective
authorities.
‘‘(D) To the extent that Federal law au-
thorizes the Coquille Indian Tribe to assume
regulatory authority over an area, nothing here-
in 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 au-
thority to enforce its laws addressing the sub-
jects listed in subparagraph 10 of this sub-
section 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 gen-
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eral 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 it agreed
upon.
‘‘(12) In the event of a conflict between Federal
and State law under this subsection, Federal law
shall control.’’.
TITLE VI—BULL RUN
WATERSHED PROTECTION
SEC. 601. The first sentence of section 2(a) of
Public Law 95–200 is amended after ‘‘referred to in this
subsection (a)’’ by striking ‘‘2(b)’’ and inserting in lieu
thereof ‘‘2(c)’’.
SEC. 602. The first sentence of section 2(b) of
Public Law 95–200 is amended after ‘‘the policy set
forth in subsection (a)’’ by inserting ‘‘and (b)’’.
SEC. 603. Section 2(b) of Public Law 95–200 is
redesignated as ‘‘2(c)’’.
SEC. 604 (a) Public Law 95–200 is amended by
adding a new subsection 2(b) immediately after sub-
section 2(a), as follows:
‘‘(b) TIMBER CUTTING.—
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(1) IN GENERAL.—Subject to paragraph (2),
the Secretary of Agriculture shall prohibit the cut-
ting of trees in that part of the unit consisting of
the hydrographic boundary of the Bull Run River
Drainage, including certain lands within the unit
and located below the headworks of the city of Port-
land, Oregon’s water storage and delivery project,
and as depicted in a map dated July 22, 1996 and
entitled ‘‘Bull Run River Drainage’’.
(2) PERMITTED CUTTING.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary of Agriculture shall
prohibit the cutting of trees in the area de-
scribed in paragraph (1).
(B) PERMITTED
CUTTING.—Subject to
subparagraph (C), the Secretary may only allow
the cutting of trees in the area described in
paragraph (1)—
(i) for the protection or enhancement
of water quality in the area described in
paragraph (1); or
(ii) for the protection, enhancement,
or maintenance of water quantity available
from the area described in paragraph (1);
or
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(iii) for the construction, expansion,
protection or maintenance of municipal
water supply facilities; or
(iv) for the construction, expansion,
protection or maintenance of facilities for
the transmission of energy through and
over the unit or previously authorized hy-
droelectric 
facilities 
or 
hydroelectric
projects associated with municipal water
supply facilities.
(C) SALVAGE
SALES.—The Secretary of
Agriculture may not authorize a salvage sale in
the area described in paragraph (1).’’
(b) Redesignate subsequent subsections of Public
Law 95–200 accordingly.
SEC. 605. REPORT TO CONGRESS.
(a) The Secretary of Agriculture shall, in con-
sultation with the city of Portland and other affected
parties, undertake a study of that part of the Little
Sandy Watershed that is within the unit (hereinafter re-
ferred to as the ‘‘study area’’), as depicted on the map
described in section 604 of this title.
(b) The study referred to in (a) shall determine—
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(1) the impact of management activities within
the study area on the quality of drinking water pro-
vided to the Portland Metropolitan area;
(2) the identify and location of certain ecologi-
cal features within the study area, including late
successional forest characteristics, aquatic and ter-
restrial wildlife habitat, significant hydrological val-
ues, or other outstanding natural features; and
(3) the location and extent of any significant
cultural or other values within the study area.
(c) The study referred to in subsection (a) shall
include both legislative and regulatory recommendations
to Congress on the future management of the study area.
In formulating such recommendations, the Secretary
shall consult with the city of Portland and other affected
parties.
(d) To the greatest extent possible, the Secretary
shall use existing data and processes to carry out this
study and report.
(e) The study referred to in subsection (a) shall
be submitted to the Senate Committees on Energy and
Natural Resources and Agriculture and the House Com-
mittees on Resources and Agriculture not later than one
year from the date of enactment of this section.