I
103D CONGRESS
2D SESSION
H. R. 4119
To declare that certain public domain lands are held in trust for the
Confederated Tribes of Siletz Indians of Oregon, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 23, 1994
Mr. KOPETSKI introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To declare that certain public domain lands are held in
trust for the Confederated Tribes of Siletz Indians of
Oregon, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Tribe’’ means the Confederated
Tribes of Siletz Indians of Oregon.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 2. ADDITION TO RESERVATION.
(a) TRUST STATUS.—All right, title, and interest of
the United States in and to the surface and mineral es-
tates of certain lands located in Lincoln County, Oregon,
that are public domain lands other than—
(1) National Forest lands,
(2) the lands of the Oregon and California Rail-
road, and
(3) the Yaquina Head Outstanding Natural
Area,
are held in trust by the United States for the benefit of
the Tribe.
(b) RESERVATION.—Lands held in trust under sub-
section (a) shall be part of the reservation of the Confed-
erated Tribes of Siletz Indians of Oregon.
(c) LEGAL DESCRIPTION.—The Secretary shall pub-
lish in the Federal Register a legal description of the lands
that are held in trust under subsection (a).
SEC. 3. MANAGEMENT OF RESOURCES.
(a) GENERAL AUTHORIZATION.—(1) Notwithstand-
ing the Act of September 4, 1980 (94 Stat. 1072; 25
U.S.C. 711e note); sections 2116 and 2118 of the Revised
Statutes (25 U.S.C. 177, 180); the Act of February 16,
1889 (25 Stat. 673; 25 U.S.C. 196); sections 5, 7, and
8 of the Act of June 25, 1910 (36 Stat. 857; 25 U.S.C.
202, 407, 406); section 6 of the Act of June 18, 1934
(48 Stat. 986; 25 U.S.C. 466); or any other provision of
law, the Tribe is authorized to—
(A) manage, harvest, remove, sell, or otherwise
alienate any timber, any interests in timber, or any
other surface or subsurface resources on any lands
held by, or in trust for, the Tribe; and
(B) perform any other activities on such lands
incidental to the activities described in subparagraph
(A), including forest presale activities and road con-
struction and maintenance.
(2) Notwithstanding any other provision of law—
(A) the United States shall not be responsible
for the care or management of any lands for which
the Tribe has assumed responsibility under para-
graph (1); and
(B) the United States shall not be liable for any
action or omission of the Tribe that arises in connec-
tion with the activities the Tribe is authorized to
conduct under paragraph (1).
(b) ELECTION TO ASSUME RESPONSIBILITY.—The
Tribe may make an election to assume responsibility under
subsection (a)(1) for the care and management of lands
held by, or in trust for, the Tribe.
(c) OREGON FOREST PRACTICES ACT.—(1) If the or-
dinances of the Tribe do not include an ordinance that
is substantially in accord with the Oregon Forest Practices
Act (Or. Rev. Stat. 527.610, et seq.) and the rules promul-
gated under such Act, as determined by the Secretary in
consultation with the Oregon State Forester, the Tribe
shall enforce such Act and rules with respect to lands held
by, or in trust for, the Tribe as though such Act and rules
were ordinances of the Tribe. The Secretary shall publish
in the Federal Register any ordinance of the Tribe that
is substantially in accord with such Act and rules and any
amendments.
(2)(A) Notwithstanding the sovereign immunity of
the Tribe, the State of Oregon or any person who is dam-
aged by any action or omission of the Tribe that con-
stitutes a violation of—
(i) an ordinance of the Tribe that is substan-
tially in accord with the Oregon Forest Practices Act
and the rules promulgated under such Act, or
(ii) if such an ordinance is not in effect, the Or-
egon Forest Practices Act or any rule promulgated
under such Act made applicable to the Tribe by
paragraph (1),
may bring a civil action in the tribal court of the Tribe
to compel compliance, to seek compensation for such dam-
ages, or to obtain both compliance and compensation.
known as the Snyder Act, or under the authority of any
other law which authorizes funds to be appropriated for
tribal timber management, an amount that equals or ex-
ceeds the amount of funds the Tribe would have received
for such fiscal years for carrying out such activities under
a contract entered into with the Secretary for such fiscal
year under the Indian Self-Determination Act if the Tribe
had not assumed responsibility for such activities under
subsection (a)(1).
(2) If the Tribe receives funds under paragraph (1)
for any fiscal year—
(A) the Tribe shall submit to the Secretary a
report which provides an accounting of how the
funds were expended, and
(B) the Comptroller General of the United
States is authorized to conduct, at the discretion of
the Comptroller General, an audit of the Tribe with
respect to the expenditure of such funds.
SEC. 4. PROCEEDS FROM RESOURCES.
(a) PAYABLE TO TRIBE.—Notwithstanding any other
provision of law, the proceeds from the sale of timber on,
or the sale of any other surface or subsurface resource
of, lands held by, or in trust for, the Tribe that occur after
the date of enactment of this Act (including sales occur-
ring after such date under a contract that was entered
into by the United States prior to the date of enactment
of this Act) shall be paid to the Tribe.
(b) TREATMENT.—None of the proceeds described in
subsection (a) that are paid to the Tribe shall be subject
to Federal or State income taxes or be considered as in-
come or resources of the members of the Tribe in deter-
mining eligibility for, or the amount of assistance under,
the Social Security Act or any other program assisted by
the Federal Government.
SEC. 5. PAYMENTS IN LIEU OF TAXES.
In order to offset the loss of revenue caused by the
other provisions of this Act, the Tribe shall pay the County
of Lincoln, Oregon, for the 25-year period beginning on
the date of enactment of this Act, 1.5 percent of the net
revenues from timber harvested from the lands that are
declared to be held in trust for the Tribe under section
2(a).
SEC. 6. CONSTRUCTION OF THIS ACT.
Nothing in this Act, and no actions taken by reason
of this Act shall—
(1) affect any rights any person (other than the
United States) has on the day before the date of en-
actment of this Act in the lands that are declared
to be held in trust for the Tribe under section 2(a);
(2) be construed to authorize the taxation of
timber on such lands or of any interest in, or re-
sources located on, such lands;
(3) be construed to authorize the alienation of
any such interest of the Tribe in any real property
other than timber or other surface or subsurface re-
sources or such lands;
(4) affect the responsibility of the United States
to protect the lands held in trust for the benefit of
the Tribe, and lands otherwise subject to restrictions
imposed by the United States on alienation, from
taxation and from alienation of any interest in such
lands, other than in the timber, surface resources, or
subsurface resources on such lands;
(5) preclude the Secretary from approving
under part 151 of title 25 of the Code of Federal
Regulations applications for trust status for any ad-
ditional lands acquired by the Tribe;
(6) except as provided in section 3(b) and para-
graph (7), affect the regulatory authority of the
Tribe over lands held by, or in trust for the Tribe;
(7) grant or restore any hunting, fishing, or
trapping rights of any nature, including any indirect
or procedural right or advantage to the Tribe or any
member of the Tribe; or
(8) diminish any hunting, fishing, or trapping
rights that existed before the date of enactment of
this Act.
SEC. 7. PUBLIC ACCESS.
The Tribe may restrict access to the lands that are
declared to be held in trust for the Tribe under section
2(a) to the extent that the Secretary is allowed to impose
or enforce restrictions on access to public domain lands
under Federal law.
SEC. 8. PRODUCTION OF WOOD PRODUCTS IN UNITED
STATES.
(a) MANDATORY OFFERING OF 50 PERCENT OF AN-
NUAL SALES.—The Tribe shall offer not less than 50 per-
cent of the total sales volume for each year of timber har-
vested from the lands declared to be held in trust for the
Tribe under section 2(a) for sale to United States entities
that agree to use the timber purchased for production in
the United States of wood products.
(b) APPLICATION OF SECTION.—Nothing in this Act
may be construed to impose any restrictions on the export
of timber harvested from, or other surface or subsurface
resources removed from, any lands held by, or in trust
for, the Tribe other than the lands declared to be held
in trust for the Tribe under section 2(a).
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