Coquille Restoration Act
PL 101-42 (H.R.881), enacted 06/28/1989

PUBLIC LAW 101-42—JUNE 28, 1989 
103 STAT. 91 
Public Law 101-42 
101st Congress 
An Act 
To provide for restoration of the Federal trust relationship with, and assistance to, 
the Coquille Tribe of Indians and the individual members consisting of the Coquille 
Tribe of Indians, and for other purposes. 
June 28, 1989 
[H.R. 881] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Coquille 
_ 
Restoration Act. 
SECTION 1. SHORT TITLE. 
25 USC 715 note. 
This Act may be cited as the "Coquille Restoration Act". 
SEC. 2. DEFINITIONS. 
25 USC 715. 
For the purposes of this Act— 
(1) "Tribe" means the Coquille Indian Tribe consisting of the 
Upper Coquille and the Lower Coquille Tribes of Indians; 
(2) "Secretary" means the Secretary of the Interior or his 
designated representative; 
(3) "Interim Council" means the governing body of the 
Coquille Tribe which serves pursuant to section 8 of this Act; 
(4) "Member" means those persons eligible for enrollment 
under section 7 of this Act and after the adoption of a tribal 
constitution, those persons added to the roll pursuant to such 
constitution; 
(5) "service area" means the area composed of Coos, Curry, 
Douglas, Jackson, and Lane Counties in the State of Oregon; 
(6) "State" means the State of Oregon; and 
(7) "Reservation" means those lands subsequently acquired 
and held in trust by the Secretary for the benefit of the Tribe. 
SEC. 3. RESTORATION 
OF 
FEDERAL 
RECOGNITION, 
RIGHTS, 
AND 
25 USC 715a. 
PRIVILEGES. 
(a) FEDERAL RECOGNITION.—Notwithstanding any provision of law. 
Federal recognition is hereby extended to the Coquille Indian Tribe. 
Except as otherwise provided herein, all laws and regulations of 
general application to Indians or nations, tribes, or bands of Indians 
that are not inconsistent with any specific provision of this Act shall 
be applicable to the Tribe and its Members. 
(b) RESTORATION OF RIGHTS AND PRIVILEGES.—Except as provided 
in subsection (d) of this section, all rights and privileges of this Tribe 
and of its Members under any Federal treaty. Executive order, 
Eigreement or statute or under any other authority, which were 
diminished or lost under the Act of August 13, 1954 (68 Stat. 724), 
are hereby restored and provisions of said Act shall be inapplicable 
to the Tribe and its Members after the date of enactment of this Act. 
(c) FEDERAL SERVICES AND BENEFITS.—Notwithstanding any other 
provision of law and without regard to the existence of a reserva-
tion, the Tribe and its Members shall be eligible, on and after the 
date of enactment of this Act, for all Federal services and benefits 
furnished to federally recognized Indian tribes or their members. In 
the case of Federal services available to members of federally recog-
103 STAT. 92 
PUBLIC LAW 101-42—JUNE 28, 1989 
nized tribes residing on a reservation, Members of the Tribe in the 
Tribe's service area shall be deemed to be residing on a reservation. 
Not\yithstanding any other provision of law, the Tribe shall be 
considered an Indian tribe for the purpose of the Indian Tribal 
Government Tax Status Act (26 U.S.C. 7871). 
(d) HUNTING, FISHING, TRAPPING, AND WATER RIGHTS.—Nothing in 
this Act shall expand, reduce, or affect in any manner any hunting, 
fishing, trapping, gathering, or water right of the Tribe and its 
Members. 
(e) INDIAN REORGANIZATION ACT APPLICABILITY.—The Act of June 
18, 1934 (48 Stat. 984), as amended, shall be applicable to the Tribe 
and its Members. 
(f) CERTAIN RIGHTS NOT ALTERED.—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 levied. 
25 use 715b. 
SEC. 4. ECONOMIC DEVELOPMENT. 
(a) PLAN FOR ECONOMIC DEVELOPMENT.—The Secretary shall— 
(1) enter into negotiations with the governing body of the 
Tribe with respect to establishing a plan for economic develop-
ment for this Tribe; 
(2) in accordance with this section and not later than two 
years after the adoption of a tribal constitution as provided in 
section 9, develop such a plan; and 
(3) upon the approval of such plan by the governing body of 
the Tribe, submit such plan to the Congress. 
Real property. 
(b) RESTRICTIONS To BE CONTAINED IN PLAN.—Any proposed trans-
fer of real property contained in the plan developed by the Secretary 
under subsection (a) shall be consistent with the requirements of 
section 5 of this Act. 
25 use 715c. 
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 Sec-
retary 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. 
25 use 715d. 
SEC. 6. CRIMINAL AND CIVIL JURISDICTION. 
The State shall exercise criminal and civil jurisdiction within the 
boundaries of the reservation, in accordance with section 1162 of 
title 18, United States Code, and section 1360 of title 28, United 
States Code, respectively. Retrocession of such jurisdiction may be 
obtained pursuant to section 403 of the Act of April 11, 1968 
(82 Stat. 77). 
PUBLIC LAW 101-42—JUNE 28, 1989 
103 STAT. 93 
SEC. 7. MEMBERSHIP ROLLS. 
25 USC 715e. 
(a) COMPILATION OF TRIBAL MEMBERSHIP ROLL.—Within one year 
of the enactment of this Act, the Secretary shall compile a roll of the 
Coquille Indian Tribe. 
(b) CRITERIA FOR ENROLLMENTS.—(1) Until a tribal constitution is 
adopted, a person shall be placed on the membership roll if the 
individual is living, is not an enrolled member of another federally 
recognized tribe, is of Coquille ancestry, possesses at least one-eighth 
or more of Indian blood quantum and if— 
(A) that individual's name was listed on the Coquille roll 
compiled and approved by the Bureau of Indian Affairs on 
August 29,1960; 
(B) that individual was not listed on but met the requirements 
that had to be met to be listed on the Coquille roll compiled and 
approved by the Bureau of Indian Affairs on August 29,1960; or 
(C) that individual is a lineal descendant of an individual, 
living or dead, identified by subparagraph (A) or (B). 
(2) After adoption of a tribal constitution, said constitution shall 
govern membership in the Tribe: Provided, That in addition to 
meeting any other criteria imposed in such tribal constitution, any 
person added to the roll has to be of Coquille Indian ancestry and 
cannot be a member of another federally recognized Indian tribe. 
(c) CONCLUSIVE PROOF OF COQUILLE ANCESTRY AND DEGREE OF 
INDIAN BLOOD QUANTUM.—For the purpose of subsection O
t
»
) of this 
section, the Secretary shall accept any available evidence establish-
ing Coquille ancestry and the required amount of Indian blood 
quantum. However, the Secretary shall accept as conclusive evi-
dence of Coquille ancestry information contained in the Coquille roll 
compiled by the Bureau of Indian Affairs on August 29,1960, and as 
conclusive evidence of Indian blood quantum the information con-
tained in the January 1, 1940, census roll of nonreservation Indians 
of the Grand Ronde-Siletz Agency. 
SEC. 8. INTERIM GOVERNMENT. 
25 USC 715f. 
Until a new tribal constitution and bylaws are adopted and 
become effective under section 9 of this Act, the Tribe's governing 
body shall be an Interim Council. The initial membership of the 
Interim Council shall consist of the members of the Tribal Council of 
the Coquille Tribe on the date of enactment of this Act, and the 
Interim Council shall continue to operate in the manner prescribed 
for the Tribal Council under the tribal bylaws adopted on April 23, 
1979. Any new members filling vacancies on the Interim Council 
must meet the criteria for enrollment in section 7(b) of this Act and 
be elected in the same manner as are Tribal Council members under 
the April 23,1979, bylaws. 
SEC. 9. TRIBAL CONSTITUTION. 
25 USC 715g. 
(a) ELECTION; TIME AND PROCEDURE.—Upon the completion of the 
tribal membership roll and upon the written request of the Interim 
Council, the Secretary shall conduct, by secret ballot, an election for 
the purpose of adopting a constitution for the Tribe. Absentee 
balloting shall be permitted regardless of voter residence. In every 
other regard, the election shall be held according to section 16 of the 
Act of June 18,1934 (48 Stat. 984), as amended. 
103 STAT. 94 
PUBLIC LAW 101-42—JUNE 28, 1989 
(b) ELECTION OF TRIBAL OFFICIALS; PROCEDURES.—Not later than 
one hundred and twenty days after the Tribe adopts a constitution 
and bylaws, the Secretary shall conduct an election by secret ballot 
for the purpose of electing tribal officials as provided in the tribal 
constitution. Said election shall be conducted according to the proce-
dures stated in paragraph (a) of this section except to the extent that 
said procedures conflict with the tribal constitution. 
Approved June 28, 1989. 
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LEGISLATIVE HISTORY—H.R. 881: 
HOUSE REPORTS: No. 101-61 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 101-50 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
May 23, considered and passed House. 
June 14, considered and passed Senate.