Coos, Lower Umpqua and Siuslaw Restoration Act
PL 98-481 (H.R.5540), enacted 10/17/1984

98 STAT. 2250 
PUBLIC LAW 98-481—OCT. 17, 1984 
Public Law 98-481 
98th Congress 
An Act 
Oct. 17, 1984 
[H.R. 5540] 
Coos, Lower 
Umpqua, and 
Siuslaw 
Restoration Act. 
25 u s e 714 note. 
25 u s e 714. 
To provide for restoration of Federal recognition to the Confederated Tribes of Coos, 
Lower Umpqua, and Siuslaw Indians, to institute for such Tribe those Federal 
services provided to Indians who are recognized by the Federal Government and 
who receive such services because of Federal trust responsibility, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE 
SECTION 1. That this Act may be cited as the "Coos, Lower 
Umpqua, and Siuslaw Restoration Act", 
DEFINITIONS 
SEC. 2. For the purposes of this Act— 
(1) "Tribe 
means the Confederated Tribes of Coos, Lower 
Umpqua, and Siuslaw Indians; 
(2) "Secretary" means the Secretary of the Interior or his 
authorized representative; 
(3) "Interim Council" means the tribal council of the Confed-
erated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, 
which serves pursuant to section 5 of this Act; and 
(4) "member" used with respect to the Tribe means a person 
enrolled on the membership roll of the Tribe provided for in 
section 4 of this Act. 
E X T E N S I O N O F F E D E R A L R E C O G N I T I O N , RIGHTS, AND PRIVILEGES 
25 use 714a. 
SEC. 3. (a) FEDERAL RECOGNITION.—Federal recognition is hereby 
extended to the Tribe, and its members shall be eligible for all 
Federal services and benefits furnished to federally recognized 
tribes. Notwithstanding any provision to the contrary in any law 
establishing such services and benefits, eligibility of the Tribe and 
its members for such Federal services and benefits shall become 
effective upon passage of this Act without regard to the existence of 
a reservation for the Tribe or the residence of the members of the 
Tribe on a reservation for such members who reside in the following 
counties of Oregon: Coos, Lane, Lincoln, Douglas, and Curry. 
(b) RESTORATION OF RIGHTS AND PRIVILEGES.—Except as provided 
in subscription (c) of this section, all rights and privileges of the 
Tribe and of members of the Tribe under any Federal treaty. 
Executive order, agreement or statute, or under any other author-
ity, which were diminished or lost under the Act of August 13, 1954 
(25 U.S.C. 691, et seq.), are hereby restored and the provisions of that 
Act are inapplicable to the Tribe and to members of the Tribe upon 
passage of this Act. 
(c) HUNTING, FISHING, OR TRAPPING RIGHTS NOT GRANTED OR 
RESTORED.—This Act shall not grant or restore any hunting, fishing. 
PUBLIC LAW 98-481—OCT. 17, 1984 
98 STAT. 2251 
or trapping right of any nature, including any indirect or procedural 
right or advantage, to any member of the Tribe, nor shall any 
presumption be created by this Act as to the existence or non-
existence of such rights. 
(d) EFFECT ON PROPERTY RIGHTS AND OTHER OBUGATIONS.—Except 
as specifically provided in this Act, nothing in this Act shall alter 
any property right or obligation, any contractual right or obligation, 
or any obligation for taxes already levied. 
MEMBERSHIP ROLLS 
SEC. 4. (a) OPENING; DUTY OF INTERIM COUNCIL AND TRIBAL OFFI- 
25 use 7i4b. 
CIALS.—The membership roll is declared open. The Interim Council 
and tribal officials under the Tribe's constitution and bylaws shall 
take such measures as will insure the continuing accuracy of the 
membership roll. 
(b) CRITERIA FOR ENROLLMENT.— 
(1) Until a tribal constitution and bylaws are adopted, a 
person shall be a member of the Tribe and his name shall be 
placed on the membership roll if the individual is living and if— 
(a) that individual's name was listed on the Tribe's 
Census Roll of 1940; 
(b) that individual was entitled to be listed on the Tribe's 
Census Roll of January 1, 1940 but was not so listed. Any 
person placed on the membership roll must be listed on the 
January 1, 1940 Census Roll of the Grand Ronde-Siletz 
Indian Agency of nonreservation Indians as Coos, Lower 
Umpqua, or Siuslaw, be a descendant of such a person, or 
be a descendant of public domain allotee of Western Oregon 
who was a member of one of these three tribes. 
(c) that individual is a direct lineal descendant of an 
individual, living or dead, identified by subparagraph (a) or 
(b); and 
(d) that individual or the lineal ancestor through whom 
he qualifies for membership under subparagraph (c) has 
never been an enrolled member of, or qualified for the 
payment of any money for the taking of land or otherwise 
through, any other Indian tribe, either federally recog-
nized or acknowledged or not federally recognized or 
acknowledged. 
(2) Until a tribal constitution and bylaws are adopted, a 
person shall be eligible for membership if the individual is 
living and meets the criteria established in subsections (b)(lXa), 
(b) and (c) of this section. Such individual may submit an 
application for enrollment to the Interim Council for consider-
ation and decision and the Interim Council shall place on the 
roll the name of all individuals who submitted an application 
and are meeting the criteria established under subsections 
(bXlXa), (b) and (c) of this section: Provided, That the Interim 
Council may reject the application of any person who is found to 
be a member or who is claiming membership in another Indian 
tribe. Nothing in this Act shall bar unsuccessful applicants for 
enrollment before the Interim Council from submitting an ap-
plication for enrollment to the Tribe after the adoption of a 
tribal constitution and bylaws. 
(3) After the adoption of a tribal constitution and bylaws, 
those documents shall govern membership in the Tribe. 
98 STAT. 2252 
PUBLIC LAW 98-481—OCT. 17, 1984 
(c) VERIFICATION OF ELIGIBILITY FOR ENROLLMENT; APPEAL; 
FINALITY OF DETERMINATION; POSSESSION OF ENROLLMENT RECORDS 
AND MATERIALS.— 
(1) Prior to any election pursuant to section 6 of this Act, the 
Interim Council shall verify by tribal resolution the eligibility 
for enrollment and age of each member listed on the Tribe's 
membership roll, which resolution shall be forwarded to the 
Secretary. 
(2) With regard to the exclusion of any name from the tribal 
membership roll, any member may appeal to the Secretary, who 
shall make a final determination of each such appeal within 
ninety days after an appeal has been filed with him. The 
determination of the Secretary with respect to such an appeal 
shall be final. 
(d) FRANCHISEMENT.—A member who is eighteen years of age or 
older is entitled and eligible to be given notice of, attend, participate 
in, and vote at, general council meetings and to nominate candidates 
for, to run for any office in, and to vote in elections of members to 
the interim council and to other tribal councils. 
INTERIM COUNCIL 
25 use 714c. 
SEC. 5. Until such time as a new tribal constitution and bylaws are 
adopted in accordance with section 6 of this Act, the Tribe shall be 
governed by an Interirri Council, the membership of which shall 
consist of the members of the current council of the Confederated 
Tribes of Coos, Lower Umpqua, and Siuslaw Indians, Incorporated 
or such new members as may be elected in accordance with election 
procedures followed by the tribal corporate body prior to the enact-
ment of this Act. 
TRIBAL CONSTITUTION AND BYLAWS 
25 use 7i4d. 
SEC. 6. (a) ELECTION; TIME AND PROCEDURE.—Upon the written 
request of the Interim Council, the Secretary shall conduct an 
election by secret ballot, pursuant to section 16 of the Act of June 
18, 1934 (25 U.S.C. 476), for the purpose of adopting a constitution 
and bylaws for the Tribe. The election shall be held after such 
written request and within sixty days after the Secretary has pub-
lished in appropriate local media a certification copy of the Tribe's 
membership roll. 
(b) PREELECTION DISTRIBUTION OF PROPOSED CONSTITUTION AND 
BYLAWS AND BRIEF IMPARTIAL DESCRIPTION; CONSULTATION BY 
INTERIM COUNCIL WITH MEMBERS OF TRIBE.—The Interim Council 
shall draft and distribute to each member described in section 4(d) of 
this Act, no later than thirty days before the election under subsec-
tion (a) of this section, a copy of the proposed constitution and 
bylaws of the Tribe, as proposed by the Interim Council, along with 
a brief, impartial description of the constitution and bylaws. The 
members of the Interim Council may freely consult with members of 
the Tribe, outside legal counsel and other consultants concerning 
the text and description of the constitution and bylaws, except that 
such consultation may not be carried on within fifty feet of the 
polling places on the date of the election. 
(c) MAJORITY VOTE NECESSARY FOR ADOPTION OF CONSTITUTION AND 
BYLAWS.—In any election held pursuant to subsection (a) of this 
section, the vote of a majority of those actually voting shall be 
PUBLIC LAW 98-481—OCT. 17, 1984 
98 STAT. 2253 
necessary and sufficient for the adoption of a tribal constitution and 
bylaws: Provided, That the total vote cast shall not be less than 
thirty percent of those entitled to vote. 
(d) ELECTION OF TRIBAL OFFICIALS PROVIDED FOR IN CONSTITUTION 
AND BYLAWS; BALLOT REQUIREMENTS.—Not later than one hundred 
and twenty days after the tribe adopts a constitution and bylaws, 
the Interim Council shall conduct an election by secret ballot for the 
purpose of electing the individuals who will serve as tribal officials 
as provided in the tribal constitution and bylaws. For the purpose of 
this election and notwithstanding any provision in the tribal consti-
tution and bylaws to the contrary, absentee balloting shall be 
permitted. 
RESERVATION 
SEC. 7. (a) ESTABLISHMENT.—A reservation shall be established by 
25 USC 7i4e. 
this Act at no cost to the Federal Government. 
(b) LEGAL DESCRIPTION.—So long as the lands are offered to the 
Federal Government free of purchase cost, the Secretary shall 
accept the following lands in trust for the tribe as a reservation: 
(1) In Coos County, Oregon, a parcel containing 1.02 acres and 
described as parcel 3200 of section 106B of township 25 south, 
range 12 west, Willamette meridian. 
(2) In Coos County, Oregon, a parcel described as lots 10-18, 
block 13, Empire Commercial tracts K73 2K 81, A. N. Foley 
Donation Land Claim Numbered 38, section 20 of township 25 
south, range 13 west, Willamette meridian. The Secretary shall 
not accept this parcel into trust until the date that is 1 year 
after enactment of this Act. If before the end of the ninety day 
period, a person or entity other than the tribe files a lawsuit in 
a court of competent jurisdiction claiming an interest in such 
parcel or portion thereof, the Secretary shall not accept the 
parcel into trust until the final adjudication of this lawsuit. 
Nothing in this Act shall be construed to the prejudice of any 
parties to such lawsuit or be construed to prevent a court of 
competent jurisdiction from partitioning such parcel in the 
adjudication of such lawsuit. Notwithstanding any other provi-
sion of law, the United States District Court for the District of 
Courts, U.S. 
Oregon shall be deemed to have jurisdiction over any lawsuit 
filed to determine the rights to the above described parcel of 
land. 
(3) In Curry County, Oregon, a parcel described as the south-
east quarter of the southeast quarter of the southwest quarter 
of section 11 of township 32 south, range 15 west, Willamette 
meridian. 
98 STAT. 2254 
PUBLIC LAW 98-481—OCT. 17, 1984 
(c) The State of Oregon shall exercise criminal and civil jurisdic-
tion over the reservation, and over the individuals on the reserva-
tion, in accordance with section 1162 of title 18, United States Code, 
and section 1360 of title 28, United States Code, respectively. 
REGULATIONS 
25 use 7i4f. 
SEC. 8. The Secretary may promulgate such regulations as may be 
necessary to carry out the provisions of this Act. 
Approved October 17, 1984. 
LEGISLATIVE HISTORY—H.R. 5540: 
HOUSE REPORT No. 98-904 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Aug. 6, considered and passed House. 
Sept. 28, considered and passed Senate, amended. 
Oct. 2, House concurred in Senate amendment.