§ 715c. — Transfer of land to be held in trust.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC715c]
TITLE 25--INDIANS
CHAPTER 14--MISCELLANEOUS
SUBCHAPTER XXX-E--COQUILLE INDIAN TRIBE OF OREGON: RESTORATION OF
FEDERAL SUPERVISION
Sec. 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.
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\1\ So in original. Probably should be capitalized.
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(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\
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\2\ So in original. The comma probably should not appear.
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(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.
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\3\ So in original. Probably should be followed by ``the''.
\4\ So in original. Probably should not be capitalized.
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(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\
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\5\ So in original. Probably should be paragraph ``(7)''.
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(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.
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\6\ So in original. Probably should be capitalized.
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(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.
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\7\ So in original. The semicolon probably should be a colon.
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(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.
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\8\ So in original. Probably should be ``extent''.
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(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.
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\9\ So in original. Probably should be capitalized.
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(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.
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\10\ So in original. Probably should be ``paragraph (10)''.
\11\ So in original. Probably should be ``is''.
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(12) Conflict between laws
In the event of a conflict between Federal and State law under
this subsection, Federal law shall control.
(Pub. L. 101-42, Sec. 5, June 28, 1989, 103 Stat. 92; Pub. L. 104-208,
div. B, title V, Sec. 501, Sept. 30, 1996, 110 Stat. 3009-537.)
References in Text
Act of June 18, 1934, referred to in subsec. (a), popularly known as
the Indian Reorganization Act, is classified generally to subchapter V
(Sec. 461 et seq.) of this chapter. For complete classification of this
Act to the Code, see Short Title note set out under section 461 of this
title and Tables.
The O&C Act, referred to in subsec. (d)(4)(C), is act Aug. 28, 1937,
ch. 876, 50 Stat. 874, as amended, which is classified generally to
subchapter V (Sec. 1181a et seq.) of chapter 28 of Title 43, Public
Lands. For complete classification of this Act to the Code, see Tables.
The Endangered Species Act, referred to in subsec. (d)(5), probably
means the Endangered Species Act of 1973, Pub. L. 93-205, Dec. 28, 1973,
87 Stat. 884, as amended, which is classified generally to chapter 35
(Sec. 1531 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set out
under section 1531 of Title 16 and Tables.
Public Law 101-630, 25 U.S.C. 3107, referred to in subsec. (d)(5),
is probably a reference to section 308 of Pub. L. 101-630, which is
classified to section 3107 of this title.
The Indian Self-Determination Act, referred to in subsec. (d)(6), is
title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended,
which is classified principally to part A (Sec. 450f et seq.) of
subchapter II of chapter 14 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 450
of this title and Tables.
Amendments
1996--Subsec. (d). Pub. L. 104-208 added subsec. (d).
Section Referred to in Other Sections
This section is referred to in section 715b of this title.
