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U.S. Code as of:
01/19/04
Section 715c. 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) [25 U.S.C. 461 et seq.].
(b) Lands to be part of 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 Coquille Forest
(1) Definitions
In this subsection:
(A) the (!1) term "Coquille Forest" means certain lands in
Coos County, Oregon, comprising approximately 5,400 acres, as
generally depicted on the map entitled "Coquille Forest
Proposal", dated July 8, 1996.
(B) the (!1) term "Secretary" means the Secretary of the
Interior.
(C) the (!1) term "the Tribe" means the Coquille Tribe of
Coos County, Oregon.
(2) Map
The map described in subparagraph (d)(1)(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 September 30, 1996, until two years after September 30,
1996, 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,(!2)
(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 September 30, 1996, the Secretary shall
take the lands identified under subparagraph (d)(1)(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 subchapter, 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 (!3) Interior, acting through the Assistant
Secretary for Indian Affairs, shall manage the Coquille Forest
under applicable State and Federal forestry and environmental
protection laws, and subject to critical habitat designations
under the Endangered Species Act [16 U.S.C. 1531 et seq.], 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 (!4) lands and shall distribute revenues in accord 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 foreign Nations (!4) that apply to unprocessed logs
harvested 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 practices, with sales being awarded to the highest
responsible bidder.
(6) Indian Self-Determination Act agreement
No sooner than two years after September 30, 1996, the
Secretary may, upon a satisfactory showing of management
competence and pursuant to the Indian Self-Determination Act [25
U.S.C. 450f 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.(!5)
(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.(!5)
(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
objectives and establishing a coordinated management framework.
Further, provisions set forth in the MOA shall be consistent with
federal (!6) 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 (!6) or federal (!6)
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; (!7) Provided, That the State
of Oregon's agreement shall not be required when immediate action
is necessary to protect archaeological resources.
(9) Jurisdiction
(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.
(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 include damages.
(10) State regulatory and civil jurisdiction
In addition to the jurisdiction described in paragraph 7 (!5)
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, bag limits,
limits on equipment and methods, issuance of permits and
licenses, and approval or disapproval of hatcheries, game
farms, and other breeding facilities; (!7) 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.
(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 (!8) 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 (!9)
authority to do so under such law.
(E) Unless and except to the extent that the tribe (!9) 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 (!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 the
exercise of tribal civil regulatory jurisdiction over activities
on the Coquille Forest lands, the tribe (!9) may exercise such
jurisdiction as its (!11) agreed upon.
(12) Conflict between laws
In the event of a conflict between Federal and State law under
this subsection, Federal law shall control.
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