<DOC> [108 Senate Hearings] [From the U.S. Government Printing Office via GPO Access] [DOCID: f:93040.wais] S. Hrg. 108-522 THE COOS, LOWER UMPQUA, AND SIUSLAW RESTORATION AMENDMENTS ACT ======================================================================= HEARING BEFORE THE COMMITTEE ON INDIAN AFFAIRS UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS SECOND SESSION ON S. 868 TO AMEND THE COOS, LOWER UMPQUA, AND SIUSLAW RESTORATION ACT TO PROVIDE FOR THE CULTURAL RESTORATION AND ECONOMIC SELF-SUFFICIENCY OF THE CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS OF OREGON ---------- MARCH 30, 2004 WASHINGTON, DC THE COOS, LOWER UMPQUA, AND SIUSLAW RESTORATION AMENDMENTS ACT U.S. GOVERNMENT PRINTING OFFICE 93-040 WASHINGTON : DC ____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512ÿ091800 Fax: (202) 512ÿ092250 Mail: Stop SSOP, Washington, DC 20402ÿ090001 S. Hrg. 108-522 THE COOS, LOWER UMPQUA, AND SIUSLAW RESTORATION AMENDMENTS ACT ======================================================================= HEARING BEFORE THE COMMITTEE ON INDIAN AFFAIRS UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS SECOND SESSION ON S. 868 TO AMEND THE COOS, LOWER UMPQUA, AND SIUSLAW RESTORATION ACT TO PROVIDE FOR THE CULTURAL RESTORATION AND ECONOMIC SELF-SUFFICIENCY OF THE CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND SIUSLAW INDIANS OF OREGON __________ MARCH 30, 2004 WASHINGTON, DC COMMITTEE ON INDIAN AFFAIRS BEN NIGHTHORSE CAMPBELL, Colorado, Chairman DANIEL K. INOUYE, Hawaii, Vice Chairman JOHN McCAIN, Arizona, KENT CONRAD, North Dakota PETE V. DOMENICI, New Mexico HARRY REID, Nevada CRAIG THOMAS, Wyoming DANIEL K. AKAKA, Hawaii ORRIN G. HATCH, Utah BYRON L. DORGAN, North Dakota JAMES M. INHOFE, Oklahoma TIM JOHNSON, South Dakota GORDON SMITH, Oregon MARIA CANTWELL, Washington LISA MURKOWSKI, Alaska Paul Moorehead, Majority Staff Director/Chief Counsel Patricia M. Zell, Minority Staff Director/Chief Counsel (ii) C O N T E N T S ---------- Page S. 868, text of.................................................. 3 Statements: Hoiles, Cheryl, vice chairman, tribal council, Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians, Coos Bay, OR.................................................... 25 Rey, Mark, Under Secretary, Natural Resources and Environment, USDA.......................................... 23 Smith. Hon. Gordon, U.S. Senator from Oregon................. 1 Smith, George, tribal forester............................... 25 Somday, Francis, executive officer........................... 25 Wakeland, Peter, Director of Natural Resources, The Confederated Tribes of Grand Ronde, Grand Ronde, OR........ 31 Ward, Jay, conservation director, Oregon Natural Resources Council, Portland, OR...................................... 34 Appendix Prepared statements: Gordon, John C., chairman, Interforest LLC................... 41 Hall, Tex, president, National Congress of American Indians (with resolution).......................................... 54 Hoiles, Cheryl............................................... 58 Rey, Mark.................................................... 45 Wakeland, Peter.............................................. 46 Ward, Jay (with attachment).................................. 48 Additional material submitted for the record: Letters in support of the forest restoration plan for the Coos, Lower Umpqua, and Siuslaw Indian..................... 79 THE COOS, LOWER UMPQUA, AND SIUSLAW RESTORATION AMENDMENTS ACT OF 2003 ---------- TUESDAY, MARCH 30, 2004 U.S. Senate, Committee on Indian Affairs, Washington, DC. The committee met, pursuant to other business, at 9:52 a.m. in room 485, Senate Russell Building, Hon. Gordon Smith (acting chairman of the committee) presiding. Present: Senator Smith. STATEMENT OF HON. GORDON SMITH, U.S. SENATOR FROM OREGON Senator Smith. Gentlemen, if I can have you all take your places, today the committee is considering S. 868, The Coos, Lower Umpqua, and Siuslaw Restoration Amendments Act of 2003. This legislation would effectively establish a land base for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. Many years ago when the tribes first approached me I told them I could only support a proposal that met with broad local support and that was a net positive for tribal members and for Oregon, as a whole. S. 868 is the result of years of discussions with the tribes, the Oregon Congressional Delegation, local communities, and environmentalists. That cooperation is reflected in a well-balanced plan that embraces the ecological needs of the forests and the struggling local economy. The forest area that is being considered in my legislation lies within the Siuslaw National Forest. Under the Clinton northwest forest plan, the Siuslaw is largely set aside in late successional reserves, LSR's. Timber management in these areas can only be used to accelerate the development of old growth characteristics for spotted owl habitat. Since most of the forest was heavily logged in the past, it is now so choked with second-generation timber stands that it is incompatible with wildlife needs. Both environmental groups and the forest products industry have advocated extensive thinning projects on the Siuslaw National Forest to create productive wildlife habitat and timber for local economies. New stewardship contracting authorities allowed the Forest Service to move forward on a small number of thinning projects in the Siuslaw. Even the Oregon Natural Resources Council, which is represented in today's panel, has recently stated that, ``We do see the need for work to move these forests ahead.'' But that work is not moving forward with any noticeable speed. The Siuslaw National Forest has identified 300,000 acres in need of thinning, yet only about 2,000 acres are being treated per year based on current staffing levels. Thus, it will take the Forest Service 150 years to meet its management objectives for the Siuslaw National Forest. Certainly that is not nearly fast enough for a State that's burning more spotted owl habitat than it is growing. This legislation offers a change in course. The tribes propose doing precisely what the Forest Service wants to do, but is limited by procedural analysis and funding shortfalls. By allowing the tribes to manage a small portion of the Siuslaw National Forest, thinning projects would be accelerated. Not only would this help meet the needs of threatened species, but would provide revenue for the tribe for social services and jobs for the local economy. Very rarely do I find common ground between the Federal Government, loggers, environmentalists, and the tribes. Through their patience and perseverance, the tribes have accomplished more on that front than I thought possible. They've gained support from their local elected officials. They've gained support from some environmental groups and from the forest products industry, and now they are looking for support from their Federal Government. If the Federal Government is serious about tribal self- determination and honest about their record of tribal forest management, then I believe that this proposal can gain traction. To that extent, I hope today's hearing will bring us all closer to doing what is right for the tribes and for the land. [Text of S. 868 follows:] <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> Senator Smith. Now I'd like to invite USDA Under Secretary Mark Rey to make a statement. Good to have you here, Mark. STATEMENT OF MARK REY, UNDER SECRETARY, NATURAL RESOURCES AND ENVIRONMENT, USDA Mr. Rey. Thank you, Senator Smith. Thank you for the opportunity to present the Department's views on S. 868, the Coos, Lower Umpqua, and Siuslaw Restoration Amendments Act of 2003. The Department supports the general goals of cultural restoration and the economic benefits that S. 868 would provide; however, we have some concerns about several aspects of the bill--in particular, the land transfer from the Siuslaw National Forest of the magnitude envisioned in the bill. We'd like to have further discussions with you, with the delegation, the tribe, and the committee on the complex issues presented by the bill and potential alternative approaches to achieve the stated goals of the legislation. Under the provisions of S. 868, land would be managed to the extent practicable to achieve management and restoration goals established for nearby or adjacent Federal lands; however, because management would no longer be subject to the National Forest Management Act, that's not guaranteed. The proposed transfer could fragment relatively contiguous watersheds and could reduce the Forest Service's flexibility for management of the remaining acreage of the Siuslaw National Forest. Additionally, there's some irony in the timing of this particular proposal relative to the progress that the Administration and the forest are making in bringing the Siuslaw into more active management. We are accelerating the rate of thinning in the late successional reserves and have issued a long-term stewardship contract as authorized by an act of Congress just roughly 1 year ago in the area that would be conveyed to the tribe under the terms of the legislation. So one of the things that we'd like to work with you to make sure is that that accelerating rate of progress in active management isn't delayed or disrupted if we are going to convey the land involved to the tribe and out of Forest Service ownership. We are mindful of the potential benefits this bill would provide to the people of the Confederated Tribes. At the same time, we'd like to look at alternatives to achieve those benefits with different measures than those provided for in the legislation, and we'd like to continue discussions with the committee, with you, and the tribe to explore options of that sort. With that, I'd be happy to submit the balance of my testimony for the record and answer any questions that you've got. Senator Smith. Thank you, Mark. [Prepared statement of Mr. Rey appears in appendix.] Senator Smith. What I hear you saying is that the Administration has questions, is not opposed, but willing to work with us on this. Mr. Rey. That's correct. Senator Smith. And as I understand your concerns, they're primarily about how you reconcile the forest health initiative and the ongoing thinning, which, as I understand, may provide funding for about 40 percent of the restoration of that forest, how to reconcile that with also transferring it to the tribe. Mr. Rey. Correct. And also the question of how to effectuate the transfer of management on the ground from the Forest Service to the tribe and what, if any, the Forest Service's continuing role could or should be in carrying out some of the management activities that have already been initiated since it's not apparent on the face of it, at least in our discussions, albeit limited discussions so far with the tribe, that they could pick up tomorrow what we have underway today if, in fact, we concluded a conveyance to that extent. So it may be that one option is to look to making the tribe a partner in management concomitant with the conveyance or independent of it, depending on how we want to proceed. Another option might be to convey the land but have the Forest Service continue under contract to perform the functions that they already have underway to make sure that those functions aren't disrupted. I'm not saying those are necessarily better alternatives to a simple conveyance, but they are things that we'd like to explore with you and with the tribe a little bit further as we go forward. Senator Smith. Mark, as you know better than anyone, President Clinton's northwest forest plan promised harvest of a billion board feet per year, and that is not likely to be accomplished without an aggressive thinning program. I assume that this occurring on the Siuslaw would actually be very helpful to the Forest Service in achieving President Clinton's objective. Mr. Rey. No question about that. Again, the irony here is that just late last week we announced two amendments to the northwest forest plan that we think are critical to achieving President Bush's commitment to redeem the promise that the previous Administration made about sustainable harvest levels off the Clinton forest plan, so to some extent we think we're poised to do that work now. That doesn't speak one way or another to our responsibilities to the tribe in terms of giving them a reservation in recognition of their tribal rights, but there is an irony in the sense that just at the time that the Forest Service has finally been given the tools to get the job done we are essentially looking at alternatives to take the job away from them. Senator Smith. Can you speak to firsthand knowledge of its condition in meeting the objectives of providing habitat for spotted owls? Mr. Rey. There are spotted owls on the forest, but the Siuslaw is by and large a second growth forest. There is relatively little--in fact, very little--old growth remaining. It is a second growth forest. Much of it is in a condition where thinning is necessary, either to increase growth rates, if timber production is a goal on a particular acreage, or, in the case of late successional reserves, which have been developed within the forest to begin to get those areas to resemble late successional characteristics. Without that thinning, then they won't become better spotted owl habitat than they currently are, which is largely marginal. Senator Smith. So it really is a convergence of actually harvesting to help spotted owls? Mr. Rey. In this case, yes. Senator Smith. I wish that were more widely understood, because I've seen this forest, as well, and I've seen the tangle of second growth characteristics, which is so dense and so thick that all that's being prepared there is a huge fire, and having little to do with a healthy environment where old growth can thrive and spotted owls can live. Mr. Rey. Right. And in the case of this particular system, that would likely be a stand replacement fire. Senator Smith. In your testimony you warn of the precedent this legislation would set for other proposals to transfer large tracts of national forest system land to tribes. Is there an acreage level that your Department would feel more comfortable with? Mr. Rey. Well, I think there's some fluidity in these proposals. In the ones that Congress has most recently enacted, the acreage amounts for the Grand Ronde and the Coquille Tribe have been substantially less. Now, in those case there weren't management prescriptions attached to the conveyance. In this case the management prescriptions involve a somewhat less intense management across what would therefore be justified as a larger landscape. I don't know that there's a magic acreage number. I think what we'd be more interested in looking at is: In the course of making sure that the progress that's already being made isn't disrupted, is there a better way to build the relationship between the tribe and the Forest Service during the conveyance so that we don't see a disruption in the progress that is being made. Senator Smith. Mr. Rey, thank you very much for your service, the Forest Service, and for being here today and speaking to this legislation. Mr. Rey. We look forward to working with you as the legislation progresses through the Congressional process. Senator Smith. Thank you. I always look forward to working with you, and I think there is a community of interest here that can be served for the tribes, for the environment, for the economy of Oregon, and for spotted owls. Thank you very much. Mr. Rey. Thanks. Senator Smith. We'll call forward Cheryl Hoile. Welcome. Thank you all for being here. Cheryl, we look forward to your testimony. STATEMENT OF CHERYL HOILE, VICE CHAIR, TRIBAL COUNCIL, CONFEDERATED TRIBES OF THE COOS, LOWER UMPQUA AND SIUSLAW INDIANS, COOS BAY, OR, ACCOMPANIED BY FRANCIS SOMDAY, EXECUTIVE OFFICER TO THE TRIBE; AND GEORGE SMITH, TRIBAL FORESTER Ms. Hoile. My name is Cheryl Hoiles. I'm vice chairman of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians and a Siuslaw tribal member. Supporting this testimony today is the entire tribal council. On behalf of the 761 tribal members, we thank you for holding this hearing on S. 868. We have been waiting and working for many years to regain a portion of our homelands. We are the only tribe in Oregon that has never received any land or compensation for the unjust taking of our lands 150 years ago. S. 868, introduced by Senator Gordon Smith, will right this wrong. We urge the committee to look favorably on this bill and move it through the Senate quickly. The Confederated Tribes would like to thank Senator Smith for his strong leadership and advocacy on behalf of the tribes and tribal issues. You are truly our friend. I would like to enter my written testimony into the record, along with several attachments. Included in these attachments is written testimony by Dr. John Gordon. Senator Smith. They will be received and included in the record. Ms. Hoile. Thank you. I see Dr. Gordon had testified on behalf of IFMAT today. The Confederated Tribes would like to thank Dr. Gordon for his support and guidance on this endeavor. Our history is checkered with sadness and broken promises. Our people inhabited the land along the Oregon coast on the Coos River, Lower Umpqua River, and Siuslaw Watersheds. Much of this area is now within the Siuslaw National Forest. In 1855 we signed the Empire Treaty with the Federal Government, which would have compensated us for our land and allowed us to live on a small portion of it. The treaty was read twice on the U.S. Senate floor and then somehow lost. Instead of honoring the provisions of the treaty, the U.S. Government marched our ancestors to the Coast Reservation and held them for 19 years between 1856 and 1875. Administration of this portion of the reservation was handled through the Umpqua and Alsea Subagencies. The Alsea Subagency was closed by act of Congress in March 1875. The lands restored to public domain included two units of the coast reservation. The law required consent of the tribes living in the unit. The minutes of the conference held at Yachats on June 17, 1875, confirm that none of the Coos, Lower Umpqua, Siuslaw, or Alsea concurred with the closure of the agency and opening the units to the Euro-American settlement. The action proceed without tribal consent. Our land was taken from us and offered for pioneer settlement. By the time our tribal members were freed, one-half had died and our land was inhabited. Between 1917 and 1956, the Confederated Tribes were irregularly provided Federal services by the superintendent of the Chemawa Indian School and the agent of the Siletz-Grand Ronde agency. In 1940, Louis J. Simpson and William G. Robertson donated to the United States a tract of 6.1 acres in Empire, OR, for the benefit of the local tribes. In 1941 an Indian division of the Civilian Conservation Corps built a tribal hall for the Confederated Tribes, and it is still in use today. In 1954, by Presidential order, although opposed by the Confederated Tribes, our tribal status was terminated. My grandfather, who was chairman at the time, had to find the strength to inform our people. The next several decades were difficult ones for our members. Lack of education and economic opportunities and racism by some of our white neighbors took its toll. In 1984, led by the efforts of Senator Mark Hatfield, Congress restored our tribe to Federal recognition. No financial compensation or land was granted to us at that time. Efforts to regain even a portion of our homelands has always been in the forefront of our efforts, and with restoration they heightened. In the development of this proposal, we have worked with tribal membership to establish goals and criteria for the tribal land use. The lands must be located in the ancestral territory of the tribes. The land characteristics and existing resource conditions must represent, as closely as possible, what was found in aboriginal forests. The land and the resources must be culturally significant to the tribes. The land and the resources must contribute to the economic self- sufficiency of the tribes. We also believe that restoration of our tribal homelands must not negatively impact the existing public rights and uses of the land. A provision of the tribe's restoration act provides for establishment of a reservation so long as it is at no cost to the Federal Government. Compliance with this provision requires the tribal land base be restored from lands which the Federal Government already owns. The 62,865 acres proposed for transfer are from the lands of the Siuslaw National Forest to be held in trust for our tribal members, are within the boundaries of our ancestral homeland and will meet all of our goals and criteria. These lands contain the highest degree of culturally significant areas of any land between the Siuslaw and Umpqua Rivers. The portions of the Siuslaw East and the Siuslaw West Tracts which border the Siuslaw River have a concentration of old village sites. There are also prior Indian allotments, both along the river and in the interior of these tracts. The waterfall areas of Sweet Creek and Beaver Creek in the Siuslaw East Tract and Kentucky Falls on the North Fork of the Smith River in the Lakes Tract have spiritual significance to the tribes. The testimony that we have submitted for the record provides detailed information regarding these sites and their significance to the Confederated Tribes. Placing these lands in trust for the tribes will allow us to protect and utilize these sites for cultural restoration. The majority of these sites are in protected riparian areas or other areas with rugged, inoperable terrain, and cultural restoration objectives for the selected tracts will have minimal, if any, impact on potential economic activities. The lands designated in the bill are part of the Oregon Coast Mountain Range. They are characterized by steep slopes and many streams. The mild, wet climate and fertile soils provide some of the best forest growing conditions in the world. The landscape includes highly productive Douglas-fir forest, superb habitat for a variety of fish and wildlife, including the bald eagle, marbled murrelet, northern spotted owl, coho salmon, and pacific lamprey. These species are candidates for listing or are listed as threatened under the Endangered Species Act. Our management will focus on restoring late successional forests and watersheds. This tribal management direction is consistent with existing goals for management of adjacent Siuslaw National Forest lands. Timber will be harvested by thinning to restore habitat and enhance cultural values on thousands of acres of conifer plantations. Thinning will also reduce the risk of catastrophic fire. Additional resources will be dedicated to watershed restoration projects. In general, state-of-the-art science and adaptive learning approach will be employed in the management of all tribal lands. The land proposed for transfer will also help us to achieve our economic needs, as well. It is important to note, while this moves us in the direction of self-sufficiency, it does not, in and of itself, meet all of our financial needs. We anticipate that we will net approximately $1.1 million annually from these lands. Revenue-generating activities are either underway or in the planning stage, and in combination with timber harvest, non-timber forest products, ecotourism activities, watershed restoration, and habitat restoration activities, we hope to meet our overall current budget needs of $8 million. Moneys gained from the forest will help provide health and dental care to our members, low income housing, meet the needs of our elders, and provide scholarships for our youth. We anticipate that jobs generated from the transfer of these lands in ecotourism, watershed restoration, and forest management will help break the cycle of unemployment and poverty among our tribal members. The members of the Confederated Tribes consider themselves not only Native Americans but also, Americans. We are proud of our heritage and we are proud to live and work in our local communities. Because we view ourselves as good neighbors, we undertook an extensive public outreach program to both explain our efforts to regain a small portion of our homeland and to assure our neighbors that our activities on these lands would benefit the greater community. We have held over 250 meetings with all the possible stakeholders since 1997. These meetings were focused on reviewing various land proposals, seeking input, and as a result ultimately modifying our request. We held eight open house and community meetings throughout the areas, as well. We have met with the general public, adjacent land owners, watershed councils, recreation interests, local elected officials, Northwest tribes, national tribal organizations, environmental and economic groups, and timber interests, just to name a few. We have compiled letters of support, which I have asked, along with other documents, to be included in the record. Included in this compendium of documents are letters from the Affiliated Tribes of the Northwest, the National Congress of American Indians, the cities of North Bend and Coos Bay and Douglas, Lane and Coos County Commissioners, and letters from every State legislator in the area, local environmental organizations, and local and regional timber associations. We are not a wealthy tribe, and this effort has strained our resources. For 7 years we have worked continuously with the members of the Oregon Delegation to develop this land restoration proposal. We have made significant accommodations to address the concerns that have been raised by the elected officials. We are hopeful that the support of the full delegation will be forthcoming as this bill moves forward. During the public process, we have addressed the concerns we have heard and we believe that we have gained the trust of the public. We have committed--and it is reflected in the bill--that public access will be maintained for hunting, fishing, recreation, and transportation. The lands will be managed to protect endangered species and managed consistent with current adjacent Federal land strategies. There will be no gaming on these lands. Export of unprocessed logs from these lands is prohibited. Timber from these lands will be equally available to all domestic processors through a competitive bid process. The tribes will not construct and operate a sawmill on these lands. County revenues will not be affected when the land is transferred. In addition, we have had subsequent meetings with a number of environmental organizations and would be willing to have greater detail on management strategies included in the bill as well as a greater and specific role for public input prior to the final action on management activities. In conclusion, Mr. Chairman and members of the committee, we ask that you move swiftly on this legislation and restore a very small but very significant portion of our homeland. We have been working long and hard, but we cannot proceed without your active support on the passage of this legislation. Joining me today are Francis Somday, our tribal administrator, and George Smith, our forest management consultant. They will be assisting me with answering any questions you may have. Thank you. [Prepared statement of Ms. Hoile appears in appendix.] Senator Smith. Thank you very much, Cheryl. As one who has worked with the tribe for years now to try to get to this point and to success, I have come to realize that the emotion that we heard in your voice has very little to do with the economics of this but a great deal to do with the emotional dignity that comes with this restoration. Can you speak to that a little more? Ms. Hoiles. I'll try. This land is very important to us culturally and spiritually. It means a lot to us. It is going to give us the opportunity for future economic opportunities for us through educating our young, being able to provide services for our elders, and just feel the pride of having our own lands. Senator Smith. I share that hope and that pride and what that would do for the tribe. I am privileged to sit in the Senate seat of Mark Hatfield and to continue on with his work on behalf of the tribe. I'm most anxious to see this succeed. For the record, others have criticized this proposal that I've introduced. They will point out that other western Oregon tribes have had less than 10,000 acres restored to them, and yet in this bill I've proposed 63,000 acres. How would you answer? If you were me, how would you answer that criticism? Ms. Hoiles. Well, we are three tribes. Our original lands were 1.6 million. This is just 5 percent of that original land. Senator Smith. That's a good answer. You know the co- authors of the northwest forest plan. One of them is Jerry Franklin. He's considered one of the leading experts on old growth forests. I wonder if you can, for the record, describe what your interaction has been with Jerry Franklin. Ms. Hoiles. Well, I am aware that we have had interaction with him, but George would really be able to address that question. Mr. Smith. Mr. Chairman, Dr. Franklin was part of the original project team that put this proposal together, and his involvement was primarily a focus to ensure that our management strategy for the plan complied with the goals and was consistent with the northwest forest plan, and particularly late successional management. Dr. Franklin's contributions are cited in the front part of the plan. Senator Smith. All right. I want to publicly thank the tribes for the way they have included the local community. When we first started talking about this, I sensed a tremendous amount of local resistance to this proposal, and I think that the way that you have reached out to allay fears of local officials, local folks who also are trying to make a living, and included them in terms of how this would benefit the entire community is truly being reflected in the amount of support that there is from all segments of society on the south coast, and I truly am grateful for that. Can you speak for the record--you have a little bit--about how you think that this will affect the public in the wider Coos area. Ms. Hoiles. Well, the effect it will have directly on the public will be minimal and transparent. They will still be able to access for fishing, hunting, hiking, biking. It would be no different than any other regulation that the Federal Government had placed on it if we need to rope off for bad roads or whatever. If we identify culturally or spiritually sensitive area, then we would go through the process. Senator Smith. Right. Ms. Hoiles. So it would be minimal. Mr. Smith. I might add, Senator, in support of the local communities, the employment that would be generated from accelerating the thinning operations on these parcels of land would certainly create additional jobs and employment and revenue for the communities, and also the tribe has access to funds to do restoration work on these lands, and that would also support local communities. Senator Smith. and in your restoration, you clearly are cutting timber, but you are doing so with a view to protecting endangered species? Mr. Smith. That is correct, Mr. Chairman. The thinning program that the tribe would be carrying out under its management strategy is consistent with what the Forest Service is now doing and the kind of activity that Under Secretary Rey described. I guess the biggest difference is that the tribe-- this would be the only land that they would have, the 60,000 acres, and your comments focused on the fact that there's 300,000 acres out there to thin, so the tribe would be launching an accelerated program to get this thinning done. Senator Smith. Have you given any thought to Secretary Rey's comments of how this transition would be managed? And do you feel like that could be--the concerns of the Department of Agriculture, could they be satisfied in a transition from one to the tribe? Mr. Smith. I certainly do. The tribe has an excellent relationship with the Siuslaw National Forest, and we have worked very closely initially with Jim Furnish and now with Gloria Brown, who is the current forest supervisor. We have a memorandum of agreement now in place for the Siuslaw National Forest that would lead into a smooth transition of management. Senator Smith. Thank you. Any closing comments you may want to make? [No response.] Senator Smith. With that, we thank our second panel. Ms. Hoiles. Thank you. Senator Smith. We sure appreciate your testimony. We call forward our third panel, which will consist of Peter Wakeland and Jay Ward. Peter, welcome. You can lead off the third panel. STATEMENT OF PETER WAKELAND, DIRECTOR OF NATURAL RESOURCES, THE CONFEDERATED TRIBES OF GRAND RONDE, GRAND RONDE, OR Mr. Wakeland. Thank you very much, Senator. I'd like to thank the chairman and the committee, particularly you, Senator Smith, for inviting me to testify before you today regarding the legislation to provide the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw with a tribal forest. I'm the natural resources manager for the Confederated Tribes of Grand Ronde and I am a Grand Ronde tribal member. I am also a veteran staffer of the U.S. Senate, having worked on American Indian issues, chemical weapons, demilitarization, and Social Security reform. Like the Coos, my tribe went through a long legislative process to have land restored to us for cultural, ecological, and economic uses. I hope that the experience that the Grand Ronde went through and the quality of land management since then will be relevant to policymakers in the current people. Like the Coos, Congress terminated the Government's relationship with the Grand Ronde Tribes in 1954, and what was left of the original 69,000 acre reservation was gone entirely. In 1988, with the support of Senator Hatfield and this committee, the tribes were provided 9,811 acres of our original reservation. In 1994, an additional 241 acres were added. While lawsuits and procedural paralysis have crippled neighboring Federal lands, the Grand Ronde has been able to meet the promise of President Clinton's northwest forest plan to protect the environment and produce a sustainable level of timber. Timber harvested from our reservation feeds local mills, which in turn creates jobs and supports local economies. Because of this, the tribes play an important role in the lives of tribal and community members. In just the last decade, the tribe completed numerous stream enhancement projects--projects that have created high-quality habitats and opened up over 20 miles of spawning and rearing reaches of reservation streams. In 1995, we began seeing coho salmon returning to the reservation. Tribal forest stewardship has been so effective that we have entered into a stewardship agreement with the Forest Service and the BLM to help manage 10,000 acres of their land, to help find creative ways of carrying out the northwest forest plan. The Grand Ronde has only been able to achieve this level of success because we have the flexibility that the Forest Service and BLM do not. Like the proposal for the Coos tribal forest, the Grand Ronde tribal forest is managed under the National Indian Forest Resources Management Act in cooperation with the Bureau of Indian Affairs [BIA]. Contrary to claims that the BIA commits egregious malfeasance in its timber management, the Grand Ronde have maintained a successful partnership with the BIA, and I would discourage any categorical depictions of Indian forest management, especially in light of the previous hearing on IFMAT II. Fortunately, the Grand Ronde is not saddled with managing under the northwest forest plan, yet our forest is healthy and provides a wide range of habitats. Because of all the litigation associated with the northwest forest plan, it is my opinion that it has proven to be a dismal failure and has had detrimental effects on the overall health of western forests, including landscape level loss of spotted owl habitat to catastrophic fire. Consider, too, that catastrophic fires also alarmingly degrade fisheries habitats, and while the lands at issue before you lie in the coast range where fire incidents are less frequent, we know that western forests do, in fact, burn, and lack of sound management increases the likelihood that they will. Because of our success in managing our lands, I pose that tribal forest management is perhaps more responsive to the needs of the land. Returning land to Indian tribes, whether small in acreage or large, is truly a matter between the Federal Government and the tribes with which they are working, a government-to-government process. We are all aware that there are concerns on all sides whenever Federal lands are at issue, and while the Coos have done an outstanding job of garnering support, this particular process really must strive clear of being driven solely by popularity. Opponents of the bill before this committee may assert that their claim to the land supersedes the claim of Indian people, and this creates a dilemma for our elected leaders. Opponents may also present arguments against the transfer of land to the tribes and explain how devastating the transfer would be to the environment, particularly to spotted owl and anadromous fish, but this claim ignores the successes of the Grand Ronde that has faced the same management challenges, the same endangered species, and the same general geographic area. The Coos Forest plan is based on restoring late successional habitat for the spotted owl, which is precisely what the environmental community has been advocating for the Siuslaw National Forest, yet many in their community still have strong objection to this legislation. So what, I ask, is truly at the heart of their opposition to tribal control of ancestral lands? Perhaps they simply don't want to see any timber harvested for any reason for any people. Perhaps they would be satisfied to see the Coos, Lower Umpqua, and Siuslaw remain landless and without an economy. At the end of the day, I suggest that at least a portion of their opposition lies in control. If they cannot control the decisions the tribe makes, then they oppose the plan, and no doubt they will present a number of arguments, but I submit that their arguments are speculative and emotional in nature, aimed at raising fears, not grounded in fact. The Coos, Lower Umpqua, and Siuslaw Tribes are the only federally recognized tribes in Oregon that do not have any land to call their own. It would be just to return to them a portion of their ancestral lands, and equally just in allowing them to write their own plan, a plan that would balance the needs of the tribes with the protection and enhancement of tribal forest assets. I implore you not to ignore these tribes' right to have lands restored to them. Supporting the bill is the right course of action, and time will prove, as it has with the Grand Ronde, that it was the best decision. The tribes' needs will be satisfied and the environment will be made more resilient, healthy, and well functioning. My thanks to you again for the privilege of speaking before you today. I will be happy to answer questions. Senator Smith. Thank you, Peter. [Prepared statement of Mr. Wakeland appears in appendix.] Senator Smith. Peter, your lands, the Grand Ronde, they border much of the Forest Service land, do they not? Mr. Wakeland. That's correct, they do. Senator Smith. Any subjective opinion as to condition of those lands versus the Federal lands? Mr. Wakeland. I think it has already been touched on a number of times today. The Siuslaw National Forest by and large truly is a forest of second growth Douglas fir, and over the past couple of decades there has been a tremendous lack of management, in my opinion. These forest lands are at the point now where we may see a stand replacement catastrophic fire if we don't do something, and we've seen it all across the west in other similar stands. If you don't manage, you're going to have a problem. Siuslaw is there. Senator Smith. Do the Grand Ronde care about the wildlife and fish in that forest? Mr. Wakeland. Absolutely. Absolutely. You know, the waters that we inherit in our reservation start on the eastern slopes of the Siuslaw National Forest and run into the reservation, so absolutely we care. Senator Smith. And your lands would also border these proposed in the Siuslaw National Forest, and I'm wondering if your working relationship with the Forest Service would be something of a model for the Coos Tribe as they ramp up their stewardship. Mr. Wakeland. I think so. I think we have been successful to this point in working with the stewardship agreement with the Forest Service, so I absolutely would think that would be a benefit. Senator Smith. Did you hear similar concerns expressed about the Grand Ronde taking over these lands that you're now hearing about the proposal for the Coos? Mr. Wakeland. There was absolute concern when the conveyance of our lands was at issue, especially with the timber industry. They were very, very concerned that if the Grand Ronde took over the land that the timber harvest would be affected or that there would be exporting of timber. That didn't--we don't export. There is a timber harvest, but it is at a sustainable level with all kinds of environmental concerns taken into account, and I think that the environmental community has been pleased with the way we have managed the forest. Senator Smith. So, as you have experienced it in the Grand Ronde, the local officials, the public, the environmental community, even the timber community, and if the fish and wildlife could talk, everybody is happy with what you're doing? Mr. Wakeland. Absolutely. You know, we just got done writing our next 10-year management plan, and we were definitely expecting to receive a lot more comment than we did, but apparently we have been doing a good enough job that people were comfortable with that, and our next 10 years is down on paper and we are ready to go. Senator Smith. Thank you very much, Peter. Mr. Wakeland. Thank you. Senator Smith. Jay Ward, we're glad to have you here and we welcome your testimony. STATEMENT OF JAY WARD, CONSERVATION DIRECTOR, OREGON NATURAL RESOURCES COUNCIL, PORTLAND, OR Mr. Ward. Good morning, Senator Smith, esteemed members of the Grand Ronde, Coos, Lower Umpqua, and Siuslaw Tribes. I, too, wish to thank you for the opportunity to appear before you today and address you on S. 868. With my presence here today, I am also representing the Oregon Coalition for the Public Lands. It is a diverse group of constituents in Oregon who are interested in the protection and preservation of Oregon's public forests, wilderness, refuges, parks, deserts, and grasslands, as well as the rights of all citizens to sustainably use and enjoy these lands. While my gratitude to you, Mr. Chairman, is certainly genuine, I will admit to having conflicting feelings regarding the remedy proposed in S. 868. As you, yourself, pointed out on the floor of the Senate last year, our Government's treatment of the people of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw is nothing any of us should be proud of. There can be no argument that, due to the shortsighted and often racist attitudes of many of Oregon's early settlers, the Coos, Lower Umpqua, and Siuslaw peoples were forced from the ancestral homelands, confined in abysmal conditions, and subjected to numerous wrongs during the ensuing 150 years. We commend you for your recognition of these historical wrongs that have been perpetrated upon the people of the Coos, Lower Umpqua, and Siuslaw. Furthermore, we applaud you and your staff for the efforts you've expended in formulating a plan to address those wrongs. Mr. Chairman, we agree with you that these wrongs are deserving of redress; however, we must disagree with the proposed solution, and therefore respectfully oppose S. 868 as currently worded. As you've heard, the forests the Confederated Tribes seek to acquire constitute much of the Federal lands in the coast range between the Umpqua and Siuslaw Rivers, is some of the most productive forest land in the western United States, and represents vital habitat for Pacific salmon, spotted owls, marbled murrelets, and hundreds of other species associated with mature and old growth forests. Ten roadless areas suitable for wilderness protection are located within these public forests, and approximately 25,000 acres of old growth grace the landscape. As a national forest, the Siuslaw is also recovering from over 50 years of well-meaning but misguided forestry practices. Thankfully, since the application of the landmark 1994 northwest forest plan, the employees and partners of the Siuslaw National Forest have been working toward that vision. Under the able leadership of forest supervisors Jim Furnish and Gloria Brown, the Siuslaw has become a national leader in meeting a multitude of management goals. In fact, last June Chief Bosworth honored the Siuslaw National Forest staff and personnel with the triple crown of forest management awards. These awards illustrate the excellent work that the current staff are doing to recreate a healthier Siuslaw National Forest. In fact, Oregon Natural Resources Council staff has been working with the Siuslaw National Forest personnel to plan and implement restorative projects, as you pointed out in your remarks earlier. We have been able to establish and maintain this relationship because both we and the Forest Service understand that crucial Federal environmental laws such as the National Forest Management Act are a backstop to any deviation from the restorative vision currently being articulated by the Siuslaw National Forest personnel. America's Siuslaw National Forest belongs, we feel, to all Americans, whether by Native Americans, native-born Americans, or naturalized citizens, these public lands are appreciated for their scenic beauty, recreational opportunities, and their invaluable ecological role in conserving wildlife. Currently, all Americans have the right to visit, traverse, hunt, fish in, and enjoy these national forests; however, once lands pass out of the national forest system there will be no unalterable rights of access to these forests. A change in leadership could suspend access to particular forests and citizens would be compelled to enter into expensive mediation and may or may not have legal standing to challenge that suspension. Indeed, it is because of potential loss of access and possible changes to existing game management policies that the Oregon Hunters Association joined the Oregon Coalition for Public Lands. S. 868 would transfer over 62,000 acres of timber worth billions of dollars to be held in trust by the BIA for the use and benefit of approximately 760 tribal members. The most recent such transfer was the transfer of 5,400 acres of Federal forest to the 695 members of the Coquille Tribe in 1996. Should S. 868 become law, what would be the response of other tribes with smaller holdings, such as the Coquille, Cow Creek, and Siletz, who have, as I stated, remarkably less acreage. While the Forest Service is an agency with imperfect history, it is charged by Congress to manage public lands with conservation values as part of its mandate. The BIA has no such mandate. It is the responsibility of the Forest Service to sustain diversity, health, and productivity of the Nation's forests and grasslands. It is the responsibility of the BIA to develop forest land and lease assets on the land to the economic benefit of American Indians and Alaska Natives. Application of landmark environmental laws like the National Forest Management Act will be lost if these public forests are no longer managed by the Forest Service on behalf of all Americans. In conclusion, Mr. Chairman, the American people deserve an open public discussion of alternate means to right these historical wrongs. Creating a tribal homeland for the 760 members of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw may be a part of a just and equitable solution. The first step has already been taken. The Government has recognized the injustice. As a second step, we respectfully suggest that Congress appoint a commission to determine the extent to which the Coos, Lower Umpqua, and Siuslaw people have been wronged, and that said commission identify a range of alternatives to correct that injustice, and those alternatives could include statutory co-management relationship, acknowledging the tribes' historic ties to the lands, while maintaining the protective sweep of Federal environmental safeguards. Or, if the commission sees fit to restore lands to the tribes, it could suggest legislation and provide funds to the tribes to purchase private forest lands, large tracts of which are within the tribes' ancestral homelands. Senator Smith, we support the efforts of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw to become economically self sufficient. At the same time, we oppose legislation which would turn over the Siuslaw National Forest lands to the BIA and limit or move landmark environmental laws that currently benefit all Americans. Given the egregious treatment of the tribes by both Government and non-governmental bodies, we are eager to work together to arrive at an equitable solution. Thank you for the opportunity to present our views. I would be pleased to answer any questions you have. Senator Smith. Thank you, Jay. [Prepared statement of Mr. Ward appears in appendix.] Senator Smith. If we took the suggestion of ONRC and we established this commission to determine if wrongs had been committed and what remedies might be due these three tribes, would a remedy be a management contract or some land? And if so, how much land? Mr. Ward. Senator, I think the amount of land is probably best determined by such a commission. I think we would be supportive of a proposal of this scale were it not to come from national forest lands. As far as the co-management relationship goes, that would seem to me it could be pretty flexible, could involve hiring preferences of tribal members to do some of the restoration work that is currently be produced by the Siuslaw National Forest personnel. Senator Smith. You'd probably agree with me though that a management contract doesn't give you the same sense of ownership as fee simple? Mr. Ward. I would, sir. Senator Smith. And I'm sure you can appreciate the emotional need and the emotional tie the tribes have to this land. Mr. Ward. I do. I can tell you, on a personal level this is one of the more challenging conflicts within our organization right now. We have had productive and friendly relationships with a number of northwest tribes working to restore ecological functions to our ecosystems, so this is a tough one for us. Senator Smith. Peter, for the record, how long ago were the Grand Ronde lands conveyed back to the tribe? Mr. Wakeland. It happened back in 1988. Senator Smith. And do you recall, Jay, what the position of ONRC was to that? Mr. Ward. I don't. Although I lived in Oregon during that time, I was actually not an ONRC affiliate. Senator Smith. I've received letters of support for this bill from the Pacific Rivers Council, Cascadia Wildlands Project, and from other environmental organizations who are supportive of this conveyance and confident in the tribes' management of it. Do they have a different view of forest management than the ONRC? Mr. Ward. I would say we probably agree on general forest management principles, but I wouldn't care to speak to them as to their motivations on why they would consider backing the bill. I would suggest that at some level this is a leap of faith, and some people are more interested and willing to make that leap than others. Senator Smith. You've stated in your testimony that ``as a national forest, the Siuslaw is also recovering from over 50 years of well-meaning but misguided forestry practices.'' You've also noticed that they're giving out awards for these practices. How do you reconcile those positions? Mr. Ward. Well, I would say that the awards that have been given out in the last year are not the same I spoke of in the previous 50 years. I think since Mr. Furnish has been the supervisor and Ms. Brown after him, the work that they are doing and that our staff has been involved with is probably among the best of any national forest in the country. Senator Smith. And I think, in fairness to our Forest Service employees, I would agree they are doing a good job now. But I don't think you are maintaining that these are productive forest lands on Siuslaw at this point. Mr. Ward. I think they are quite productive. We might be talking about producing different things. Senator Smith. Okay. All right. Right now Native Americans manage 18 million acres of forest land in this country. Do your objections to tribal timber management apply to all those lands, or just to these lands? Mr. Ward. Well, as these are currently national forest lands, I think it applies mainly to these lands. I think if the tribes--for instance, the Warm Spring tribes that manage their land I believe are currently certified by the Forest Stewardship Council as doing ecologically restorative and productive work, but I wouldn't care to comment on tribal management for other tribes that I'm not familiar with. Senator Smith. Pete, you heard Jay say you've got to take a leap of faith here. Did you have to get environmental groups to take a leap of faith with the Grand Ronde transfer? Mr. Wakeland. I think that there probably definitely was that leap of faith at the time, and over the last 15 years tribal forest management has evolved. We are doing things now that we just think are just good for the land and for wildlife, not at the behest of anybody telling us we had to, but because that's the way we feel that tribal lands should be managed. So I would probably say that the leap of faith probably paid off. Senator Smith. I would, too. I think the proof is in the forest, and that's why, frankly, a lot of the leap of faith for me is not a big leap, because I think the Native American peoples in their bones feel stewardship that, frankly, is of more value than law, and I think their conduct is up here and the law is right here. That's what underpins my support of this is I think public ownership is overblown often. It is important, but I think private ownership where peoples, and especially native tribes have a piece of the rock, the results are fabulous for people and species of all kinds. Jay, would your organization feel differently about S. 868 if it were amended to provide for an alternative process for public involvement--in other words, appeals--than is currently provided for under BIA forestry regulations? Mr. Ward. We would consider that to be an improvement, certainly, Senator. I think if the bill were amended in that manner but yet still transferred the title out of National Forest Service, U.S. Forest Service, Department of Agriculture hands and into Interior and trust or BIA we would still oppose that. Senator Smith. You'd still oppose? Mr. Ward. Yes. Senator Smith. Yours was transferred in that way, was it not, Pete? Mr. Wakeland. Yes; it was, Senator. Senator Smith. Jay, do you support thinning of LSR's as an alternative to harvesting of old growth? Mr. Ward. We believe that thinning, whether it be in matrix lands or LSR's, if done properly--and properly is certainly something that is up for debate right now--but careful, variable density thinning is defensible. We think LSR's are probably the last place to start, and there are a lot of plantations that are out there in the matrix that would be a better place, but in the long term we could certainly envision something of that nature. Senator Smith. Is there anything about the way the tribes are thinning now that bothers the ONRC? Mr. Ward. Well, to be candid, the Coos, Lower Umpqua, and Siuslaw Tribes, to the best of my knowledge, are not thinning right now, simply because they're---- Senator Smith. But, for example, next door in the Grand Ronde? Mr. Ward. I will plead ignorance to the condition of the land of the Grand Ronde. I will say that thinning at the Siuslaw National Forest is doing right now and some of range or districts on the Willamette has been pretty productive and ecologically defensible. Senator Smith. Your testimony references roadless areas within the acreage proposed in my legislation. Since there are no inventoried roadless areas within the area, do you have a definition that's different than the Forest Service? Mr. Ward. We do. The Forest Service has in the past a 5,000-acre minimum threshold on it. We've put 1,000 acres, which is about a 1\1/2\-square, so we would consider a 1\1/2\- mile roadless--or 1,000-acre roadless area to be worthy of wilderness protection, whether the Forest Service may be less eager to do so. Senator Smith. Thank you. Any other questions? [No response.] Senator Smith. Thank you, Jay, for being here. And thank you, Peter, for the example you have set in the Grand Ronde Tribes. We appreciate that. And I simply want to express to the Coos and Lower Umpqua and Siuslaw Tribes that this is a work in progress. It is a work making great progress. This hearing is a good step forward, and I look forward to the day when we can be around a presidential desk when this can occur and the tribal members are crying tears of joy instead of tears of shame. I say that both because I have that hope for these tribes, but also because I believe that the leap of faith that is being asked of us is not a very big one, and I think that the benefit will be a very great one to the tribe, to the environment, and to the local community and to the State of Oregon. With that, we are adjourned. [Whereupon, at 10:50 a.m., the committee was adjourned, to reconvene at the call of the Chair.] ======================================================================= A P P E N D I X ---------- Additional Material Submitted for the Record ======================================================================= Prepared Statement of John C. Gordon, Chairman, Interforest LLC Summary Tribes, the local communities and the country will be well served by the designation of lands described in S. 868 as the Coos Tribal Forest for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. Active management for biodiversity, watershed protection, and timber and non-timber forest products of the kind proposed by the tribes is the highest and best use of these lands. Indian tribes have a strong record of land stewardship in the face of great difficulties. The tribes live with the consequences of their forest management decisions in ways that few other groups do. All values, including cultural and spiritual ones, are thus incorporated into management plans and actions. The establishment of tribal management of lands held in trust by the U.S. Government is a unique way to achieve integrated land management that benefits all parties efficiently. Like management on all other categories of forest ownership, the quality of forest stewardship on Indian lands varies from reservation to reservation. Some Indian lands are models of ecosystem management, while other tribal forests have experienced lower quality management in the past, due to mistaken policies, scarce resources, or poor alignment between tribal and Federal management goals. Recent reports [IFMAT II and I] indicate that tribal management of forestlands is improving and is often innovative. The National Indian Forest Resources Management Act is one of the most recent and most modem Federal laws concerning forest management. Uniquely, this law provides for independent review of management on Indian forestlands at 10-year intervals. It allows tribes to balance all forest values in management and encourages landscape scale management through cooperation with adjacent landowners. S. 868 will be a significant positive step in insuring sustainable management of the tribal and U.S. forest estate. Background and Qualifications I am John C. Gordon, chairman of Interforest LLC, a sustainable forestry consulting firm active in creating forest management strategies and plans, and in doing forest certification. I am also Pinchot Professor of Forestry and Environmental Studies Emeritus and former Dean of the Yale School of Forestry and Environmental Studies. Earlier, I was head of the Department of Forest Science at the College of Forestry, Oregon State University, Professor of Forestry at Iowa State University and a scientist with the USDA Forest Service. I have chaired and served with numerous national committees and panels, including the Seventh American Forest Congress, the Scientific Panel on Late-Successional Forest Ecosystems, Research and Resource Management in the National Park System, and three National Research Council/ National Academy reports. I have chaired both of the Indian Forest Resource Management Teams [IFMAT I and II] reporting under the National Indian Forest Management Act, helped develop forest management strategies for the Coquille Tribe and the Klamath Tribes, and have lectured widely and testified before Congress on Indian forestry. Indians as Forest Managers Indians have lived intimately with forests in North America for thousands of years. However, modem forest management by Indians, using their concepts of nature and cultural views, is just emerging as tribes regain the power to set goals and manage their forests to achieve them. The recent emergence has little to do with Indian views of forests or their capability for managing them. Rather it is a consequence of two centuries of experimentation by the U.S. Government on how to deal with tribal people. The making and breaking of treaties, the movement of tribes to new and common locations, the establishment and disestablishment of reservations, the allotment of forests to individuals, and the management of Indian forests by Federal agencies all have shaped the Indian forests of the early 21st century. Those tribes, who retained some of their original land base or got some other land, are now beginning, through the process of self-determination, to reassert Indian goals and management for their forests. Tribes whose land was entirely taken seek to reestablish some portion of their homeland and to begin to manage it as Indian land. This process of reassertion of tribal management has had exciting results where it has gone forward. Despite a documented shortage of resources compared to all other ownership categories, much innovative and effective management is now occurring on tribal lands. This is partly because Indian forests are different from public and industrial forests, in that they are the homelands of the tribe with strong cultural and spiritual significance to the tribal members. It is also because the Indian people live with the environmental and economic consequences of their forest management decisions more intimately than most other people in the U.S. [IFMAT- 1993]. The forests of the Menominee in Wisconsin were among the first forests in North America to be certified as sustainably managed by the Forest Stewardship Council principles. Other tribes have since been so certified, and a recent pre-certification review found that a high fraction of the tribes reviewed was ready to proceed to certification. Other reservations, notably the Colville, Yakima, and Warm Springs are working effectively and in a balanced way to solve the fire and forest health problems endemic to the American West. Some of the most highly developed uneven-aged management anywhere is found on Indian forestlands [IFMAT-1993]. Thus, many Indian forests are places of experimentation and innovation and serve as some of the first examples of the modem concept of adaptive management. It is true that some Indian lands have not had the best quality of management (as have some lands in all other categories of ownership) in the past, due to mistaken policies, scarce resources, or poor alignment between tribal and management goals. Recent reports [IFMAT II and I] indicate that tribal management of forestlands is improving rapidly and is on the whole effective. To quote from IFMAT II: ``There has been substantial progress toward sustainability in Indian forests since the time of IFMAT I. . . . Progress has been made in responding to forest health problems, in implementing innovative silviculture, and forest certification. The improvement in tribal forest management planning and implementation has been substantial. On the whole, the management of Indian forests is different and better than it was 10 years ago, largely through the efforts of tribal organizations and dedicated BIA staff.'' Thus, while achieving substantial improvements in habitat and ecosystem characteristics, the harvest of timber on Indian lands has been maintained at a sustainable level over the past decade [IFMAT II]. The National Indian Forest Resources Management Act is one of the most recent and most modem Federal laws concerning forest management. Uniquely, this law provides for independent review of management on Indian forestlands at 10-year intervals. It allows and encourages Tribes to set goals and to balance all forest values in management. It encourages landscape scale management through cooperation with adjacent landowners. Thus, there is strong evidence that the Confederated Tribes will well and sustainably manage lands restored to them under S. 868. The trust Relationship Title to Indian lands is held by the United States in trust for the beneficial use of the Indian owners. Direct management of Indian forests until the early 1970's was done by the Federal agency regarded as the principal trustee [Bureau of Indian Affairs]. The Indian Self- Determination Act passed by the Congress in 1972 provided the authority and impetus for tribes to have a much larger role in the management of Indian forests. Today, the majority of Indian forests are managed directly by Tribal Governments with the United States providing Federal oversight, and the number of Indian forests so managed is increasing rapidly through a process called ``compacting''. IFMAT II: ``Tribal organizations are increasingly participating in the management of their forests through tribal, rather than BIA, forest and natural resource management organizations. The gap between the visions that Indians express for their forests and the way, in terms of direction, they are managed is narrowing due to greater tribal participation in forest management and greater alignment between tribal and BIA approaches to management. Direct tribal management has enabled tribes to emphasize their specific goals in setting management direction for Indian forests and this has fostered an integrative, holistic approach recognizing a multiplicity of use and values. For most Indian forests, tribally focused management has resulted in increased consideration of cultural and spiritual values in planning and implementing forest management strategies. It has also resulted in a greater alignment between the expressed wishes of tribal members and management objectives and practices [IFMAT II]. In general, this alignment has produced a careful balance between economic and ecological values sought by Tribes. Extreme management options tend to be excluded. Proposed Management of the Coos Tribal Forest Lands to be re-designated as Coos Tribal Forest are 62,865 acres of Federal lands located in the Oregon Coast Range adjacent to the Pacific Ocean. Coast Range forests are characterized by steep slopes and are heavily dissected by streams, but the mild, wet climate and deep, fertile soils provide some of the best forest growing conditions in the world. The landscape of the proposed Coos Tribal Forest includes highly productive Douglas-fir forests that provide superb habitat for a variety of fish and wildlife including the bald eagle, marbled murrelet, northern spotted owl and Coho salmon, all federally listed as threatened or endangered. Commercial logging and road building began on these lands in the early 1900's and peaked over a 20-year period between the 1950's and the 1970's. The high level of timber harvesting and harsh logging practices (including sidecast road building, large clearcuts, and hot slash bums) caused significant erosion and degradation of wildlife and fish habitat. Today, the lands of the proposed Coos Tribal Forest include 20,000 acres of young conifer plantations created by past clearcut logging and replanting. These are quite homogenous, largely single tree species plantations that can be restored to higher diversity and better wildlife and fish habitat by thinning (partial cutting intended to concentrate growth on fewer stems and thus shorten the time needed to produce large trees). The stands of larger trees thus created are better habitat for the threatened species. Murrelets nest in larger trees and northern spotted owls both nest and hunt most effectively in stands of larger trees. Also, some of the larger trees along streams fall in and across the steam course, and provide the pool and run structure important to Coho salmon spawning and rearing habitat. Thus, the plantations already established provide a ready opportunity for management both for timber and for habitat improvement. This alignment provides one of the important bases for management strategy proposed for the Coos Tribal Forest (see below). Tribal Forest Management Goals and Objectives Tribal goals for the Coos Tribal Forest are threefold. The overarching goal is to restore tribal culture by reconnecting tribal people to their ancestral homelands and to protect sites and resources that are significant components of tribal culture. The second goal is to restore the health of ancestral watersheds by blending, Native American values with the latest scientific methods for ecosystem restoration and sustainable forest management. The third goal is to contribute to tribal self-sufficiency and to provide economic benefits to local communities through jobs and revenues generated from watershed restoration work, eco-tourism development and sustainable harvest and use of forest products. Tribal forest management will focus on restoring late-successional forests (more mature forests that are presumed similar to those that arise in nature) that are consistent with the existing goals for management of adjacent Siuslaw NF lands. Timber will be harvested by thinning (see above) to restore habitat and enhance cultural values on thousands of acres of conifer plantations. This, along with adjacent areas of NF will create a landscape devoted to large trees and improved habitat. Thinning will also reduce the risk of catastrophic fires. Variable density thinning, in which the clumped nature of trees arising naturally from seed is mimicked, will be used to restore stand spatial complexity, a variety of habitat values, and to promote the development of forest floor, canopy gap and other species significant to tribal culture. In general, state-of-the-art\1\ science and an adaptive, learning approach will be employed in the management of all tribal lands. --------------------------------------------------------------------------- \1\ Science Update. Restoring Complexity: Second-Growth Forests and Habitat Diversity. PNW Research Station, May 2002. --------------------------------------------------------------------------- Under provisions of S. 868, a special fund is established for watershed restoration activities. The establishment of this special account is a unique requirement for the Coos Tribal Forest and attests to the tribes' commitment to restore the health of their ancestral watersheds. S. 868 also will establish Special Management Areas [SMA's] for existing old-growth stands and areas with unique scenic and wild land values such as the existing Kentucky Falls Special Interest Area and the Beaver Creek and Sweet Creek Falls and stream corridors. These SMA's will be managed as undeveloped areas in accordance with existing Federal standards and guidelines of the Siuslaw NF Plan. Tribal management direction for the SMA's will provide an added layer of protection for tribal cultural sites and resources. The Coos Tribal Forest will comply with Federal environmental laws including the Endangered Species Act. Benefits to Local Governments These will include greater local control and decisionmaking to better align management with local goals, greater management flexibility to accommodate new knowledge or changed conditions, increased local economic activity, and greater cultural enrichment and diversity. Tribal governments are located in communities within or near their land holdings and exercise local control and decisionmaking over management of their lands. Land management policies and actions are developed and implemented at the local level with greater opportunity to be sensitive to needs and concerns of communities and citizens of the area. This ``grass roots'' tribal management is vastly different from the Washington, DC directed management occurring on Federal lands. This ``top down'' Federal management process provides only restricted and highly variable opportunity for local participation in decisionmaking and has rarely been sufficiently responsive to needs and concerns of local communities in the eyes of those communities. Tribes have more flexibility in managing their lands within the framework of applicable Federal laws. Local tribal control enables streamlined decisionmaking, while the Federal agencies are burdened by multiple layers of bureaucracy, endless review and ultimate decisionmaking at the top level of the organization. Indian forestlands are managed under the National Indian Forest Resources Management Act [NIFRMA--P.L. 101-630, Nov. 1990), a modern forest management statute. This Federal statute provides tribes with a high degree of flexibility in setting management direction and implementing forest practices on Indian lands, while constraining management to sustainable practices that are monitored as part of the Trust responsibility of the U.S. Government. The management guidelines in NIFRMA allow tribes to achieve balance in meeting the needs of forest health and providing economic benefits to tribal governments and local communities. These guidelines also enable and encourage Tribes to coordinate management of their lands with adjacent landowners, government and private, to meet common landscape goals. The activities of tribal governments and their business ventures provide direct benefits to local and regional economies. Tribal forestlands provide a stable economic base for support of tribal government programs and development funds for business enterprises. Funds for operation of tribal programs and revenues generated by tribal businesses are largely spent and invested in local communities. Lands restored to the Confederated Tribes from the Siuslaw National Forest will provide revenue and job opportunities from at least three uses: <bullet> sustainable harvest and use of timber and non-timber forest products, <bullet> recreation and eco-tourism activities, and <bullet> watershed restoration and salmon recovery work. Both tribal and non-tribal governments and citizens will benefit from these land-use and restoration activities. A specific example is the tribes' plan to reestablish its Blue Earth Products business enterprise at a location near the proposed restored lands in western Douglas or Lane County. This business fills a market niche for food and floral products that reflect Oregon's coastal Indian culture. Many of the products or ingredients will be gathered from the tribes' restored forestlands. The gathering of raw materials, product processing and packaging, and sales will generate new revenue and job opportunities for this economically depressed area of the Oregon coast. The spiritual values, beliefs and cultural traditions of Indian people are embodied in a special relationship to the earth and the natural world. Reestablishment of a portion of the tribes' ancestral homelands is vital to restoration of tribal culture. It will enable current tribal members to reconnect spiritually and physically to the land their ancestors inhabited for centuries and which shaped their culture. The tribes' cultural and recreational use of the restored lands will include an Interpretive Center where the Tribes' history and culture will be shared with citizens of the local area and tourists visiting the Oregon coast. Opportunities for cultural enrichment and fostering understanding of cultural diversity is a special benefit offered to an area with tribal land holdings and the presence of Indian people. Concluding Remarks Tribes, the local communities and the country will be well served by the establishment of the forest areas designated by S. 868 as the Coos Tribal Forest for the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians. Active management for biodiversity, watershed protection, and timber and non-timber forest products of the kind proposed by the tribes is the highest and best use of these lands based on their biological and physical characteristics and their cultural and land use histories. Besides being fair treatment of current Tribal members, restoration will recognize an important reality: healthy forests managed by those who live in and around them provide enduring benefits to the larger society, that is, to all of us. Literature Consulted Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. 2002. Reservation Plan and Forest Land Restoration Proposal. (Revised June 2002). 25 pp. The Second Indian Forest Management Assessment Team (IFMAT II). 2003. An Assessment of Indian Forests and Forest Management in the United States. Executive Summary. Intertribal Timber Council, Portland, OR. 22 pp. The First Indian Forest Management Assessment Team (IFMAT I). 1993. An Assessment of Indian Forests and Forest Management in the United States. Intertribal Timber Council, Portland, OR. 89 pp. Science Update. Restoring Complexity: Second-Growth Forests and Habitat Diversity. PNW Research Station, May 2002. ______ Prepared Statement of Mark Rey, Under Secretary, Natural Resources and Environment, Department of Agriculture Mr. Chairman, thank you for this opportunity to present the Department's views on S. 868, the Coos, Lower Umpqua, and Siuslaw Restoration Amendments Act of 2003. I am Mark Rey, Under Secretary, Natural Resources and Environment. While the Department agrees with the general goals of cultural restoration and economic benefits that S. 868 would provide, we have some concerns about aspects of the bill and could not support it as introduced. In particular, the Department would not support a land transfer from the Siuslaw National Forest of the magnitude envisioned in this bill. We would like to have further discussion with the committee on the complex issues presented by the bill and potential alternative approaches to achieve the stated goals. S. 868 would transfer approximately 62,865 acres of land from the Siuslaw National Forest to be held in trust by the Bureau of Indian Affairs [BIA] for the long-term use and benefit of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians [the ``Confederated Tribes''] as the Coos Tribal Forest. The transfer would be subject to valid existing rights, the continued enforcement of State laws, with continuation of public access. Under S. 868, the Coos Tribal Forest would be managed in accordance with the National Indian Forest Resources Management Act, retain all endangered species critical habitat designations, and be managed consistently with management and restoration goals of Federal land in the area. Revenue from the sale of forest products would be distributed for the benefit of tribal members, would continue to be subject to payments to counties, and for the first 15 years, 20 percent of revenues would be dedicated to a watershed restoration account. The bill calls for a land exchange program for the first years following transfer, and directs the Forest Service to provide assistance in the development of a Forest management plan and transition of management operations for the Forest. The Forest Service manages the national forest system lands and resources entrusted to its care for the benefit of the general public, while respecting the special trust relationship of the United States with Indian tribes. Tribes have been culturally tied to the land and its resources for thousands of years. The Forest Service and tribes share many common values and interests that can contribute toward the common goal of resource stewardship. Federal law and policy provide for government to government relationships with Indian tribes that respect tribal sovereignty and honor tribal interests. The Forest Service is taking measures to improve relationships with all Indian tribes, including new policy direction regarding consultation, access to sites and products of traditional and cultural interest, repatriation of funerary objects, and emphasis on contracting, grant, and research opportunities. We have consulted with the Confederated Tribes over the past several years in land management matters. We anticipate that our relationship with the Confederated Tribes will continue in the spirit of mutual trust that has already been established. The Siuslaw National Forest is actively managing the lands being considered in S. 868, and has made considerable investments to improve resource conditions in the proposed transfer area. The lands are part of the Northwest Forest Plan, which guides the management of 24 million acres of Federal lands, including all or parts of 17 National Forests. Most (93 percent) of the lands considered in the bill are classified as Late Successional Reserves [LSR's] under the Plan. These lands are managed through thinning treatments to achieve and maintain a functional, interacting, late-successional and old growth forest ecosystem. To achieve the goals of habitat enhancement and movement toward old growth conditions, the Siuslaw National Forest awarded and sold commercial thinning products on 1,039 acres in 2003 and is planning the sale of additional commercial thinning products on 1,770 acres within the area considered for transfer. Two-thirds of the area is within the Siuslaw Basin Stewardship Restoration Pilot, which provides the Forest with authority to test new approaches of resource management to work with local communities and benefit the land. About 12 million board feet of timber will be offered in 2004 under this pilot. The remaining 7 percent of the proposed transfer lands are classified under the Northwest Forest Plan as Matrix, most of it in riparian reserve. While Matrix includes non-forested areas, most timber harvest would be conducted in that portion of the matrix with suitable forest lands. The timber stands within the area include 19,806 acres of plantations and 42,758 acres of natural stands in various age classes, 8,400 acres of which is mature conifer. In recent years, the Forest Service has purchased over 2,000 acres of land in the lower reaches of riparian areas that provide critical connectivity to salmon spawning habitat. The Siuslaw National Forest has been investing in stream restoration to improve this habitat over the past several years. The area includes six trailheads, with 12 miles of hiking trails, and more currently under construction. One trail leads to the scenic twin waterfalls at Kentucky Falls and another leads to the very popular Sweet Creek Falls. The Forest maintains nearly 200 miles of roads in the area. A variety of cultural resources are found there, including sites of former homesteads, ranger stations, lookout sites, the Sunset Wagon Road, and other historic resources. The proposed bill would transfer approximately 10 percent of lands from the Siuslaw National Forest to create the Coos Tribal Forest. The proposal is unusual in that it limits the Confederated Tribe's autonomy in managing the new forest by including provisions relating to law enforcement, regulations, and public access, among others. Land would be managed, to the extent practicable, to achieve management and restoration goals established for nearby or adjacent Federal land. However, because management would no longer be subject to the National Forest Management Act, this is not guaranteed. The proposed transfer would fragment relatively contiguous watersheds and would significantly reduce the Forest Service's flexibility for management of the Siuslaw National Forest. There is another issue of concern to us, of which this bill is only one small part-that is the precedent it would set for additional proposals for large land transfers from other National Forests to other tribes, where there may be limited offsetting circumstances that warrant such actions. While the Department would not support the transfer of such a large amount of land from the National Forest System, in a case such as this, and without offsetting national benefits, we are mindful of the potential benefits this bill would provide to the people of the Confederated Tribes. We would like to continue discussions with the committee, Senator Smith, and the Confederated Tribes to explore options to the proposed bill. I will be pleased to answer any questions that the committee may have. ______ Prepared Statement of Peter M. Wakeland, Natural Resources Manager, Confederated Tribes of the Grand Ronde I would like to thank the chairman and the committee, particularly Senator Smith, for inviting me to testify before you today regarding legislation to provide the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw with a Tribal Forest. I am the Natural Resources Manager for the Confederated Tribes of the Grand Ronde, and I am a Grand Ronde tribal member. Our tribal members are the descendants of 5 tribes and more than 20 bands of Indian people including the Nehalem, Tillamook, Nestuca, Salmon River, Rogue River, Molalla, Kalapuya, Umpqua, and Chasta. I am also a veteran staffer of the U.S. Senate, having worked on American Indian issues, chemical weapons demilitarization, and social security reform. Like the Coos, my tribes went through a long legislative process to have land restored to us for cultural, ecological and economic uses. I hope that the experience the Grand Ronde went through, and the quality of our land management since then, will be relevant to policymakers in the current proposal. More importantly, I want to dispel the myths and misconceptions about Tribal forest management that a few continue to harbor. Like the Coos, Congress terminated the U.S. Government's relationship with the Grand Ronde Tribes in 1954, and what was left of the original 69,000 acre reservation was gone entirely. The Grand Ronde Tribes were stripped of their reservation lands, but not of their spirit. In 1983, our status as a tribe was restored by the Government. This opened the door for regaining a portion of the land that had been taken from us. In 1988, with the support of U.S. Senator Mark O. Hatfield and this committee, the tribes were provided 9,811 acres of our original reservation. In 1994, an additional 241 acres were added to the reservation. It is meaningful in the context of this hearing to point out that in the 15 years since our forest was restored to us, the Grand Ronde have exceeded the expectations of environmentalists, local communities, and the forest products industry. While lawsuits and procedural paralysis have crippled neighboring Federal lands, the Grand Ronde has been able to meet the promise of President Clinton's Northwest Forest Plan--to protect the environment and to produce a sustainable level of timber harvest. Timber harvested from our reservation feeds local mills, which in turn creates jobs and supports local economies. Because of this, the tribes play an important role in the lives of tribal and community members. And while the Grand Ronde has reason to be proud of our timber harvest and the manner in which we extract timber resources, we are equally proud of the manner in which we protect and enhance our non- timber assets. In just the last decade, the tribes have completed numerous stream enhancement projects--projects that have created high quality habitats and opened up over 20 miles of spawning and rearing reaches of reservation streams. In 1995, we began seeing Coho salmon returning to the reservation. Tribal forest stewardship has been so effective that we have entered into an MOU with the Forest Service and BLM to help manage 10,000 acres of their land to help find creative ways of carrying out the Northwest Forest Plan. The Grand Ronde has only been able to achieve this level of success because we have flexibility that the Forest Service and BLM do not. Like the proposal for the Coos Tribal Forest, the Grand Ronde Tribal Forest is managed under the National Indian Forest Resources Management Act, in cooperation with the Bureau of Indian Affairs [BIA]. Contrary to claims that the BIA commits ``egregious malfeasance'' in its timber management, the Grand Ronde has maintained a successful partnership with the BIA and I would discourage any categorical depictions of Indian forest management--especially in light of the previous hearing on IFMAT II. Fortunately, the Grand Ronde is not saddled with managing our forest under the Northwest Forest Plan, yet our forest is healthy, and provides a wide range of habitats. Because of all of the litigation associated with the Northwest Forest Plan, it has proven to be a dismal failure, and has had detrimental affects on the overall health of western forests--including the landscape level loss of spotted owl habitat to catastrophic wildfire. Consider too, that catastrophic fires also alarmingly degrade fisheries habitats. And while the lands at issue before you lie in the coast range where fire incidents are less frequent, we know that western forests do in fact bum, and that lack of sound management increases the likelihood that they will. Because of our successes in managing our forest lands, I posit that tribal forest management is more responsive to the needs of the land. Returning land to Indian tribes, whether small in acres or large, is truly a matter between the Federal Government and the tribes with which they are working--a government-to-government process. We are-all aware that there are concerns on, all sides whenever Federal lands are at issue, but this particular process must strive to steer clear of being driven by popularity. Opponents of the bill before the committee may assert that their claim to the lands supersedes the claim of Indian people, and this creates a dilemma for our elected leaders. Opponents may also present arguments against the transfer of lands to the tribes, and explain how devastating the transfer would be to the environment, particularly to the spotted owl and anadromous fish. But this claim ignores the success of the Grand Ronde that has faced the same management challenges? the same endangered species in the same geographic area. The Coos Forest Plan is based on restoring late successional habitat for the spotted owl, which is precisely what the environmental community has been advocating for the Siuslaw National Forest--yet many in their community still have strong objection to this legislation. So what, I ask, is truly at the heart of their opposition to tribal control of ancestral lands? Perhaps they simply do not want to see timber harvested for any reason, for any people. Perhaps they would be satisfied to see the Coos, Lower Umpqua, Siuslaw remain landless, and without an economy. At the end of the day, I suggest that at least a portion of their opposition lies in ``control.'' If they cannot control the decisions that tribes make, then they oppose the plan. And no doubt, they will present a number of arguments, but I submit that their arguments are speculative and emotional in nature, aimed at raising fears, not grounded in fact. The Coos, Lower Umpqua, Siuslaw Tribes are the only federally recognized tribe in Oregon that do not have any land to call their own. It would be just to return to them a portion of their ancestral lands, and equally just in allowing them to write their own plan--a plan that would balance the needs of the tribes with the protection and enhancement of tribal forest assets. Finally, if the restoration of reservation lands fails to happen, then what is the alternative for the Coos, Lower Umpqua, Siuslaw people? I implore you not to ignore their right to have lands restored to them. Should you support the bill before you, your decision will not be popular among those opposed to it. However, supporting it is the only right course of action, and time will prove, as it has with the Grand Ronde, that it was the best decision. The tribes' needs will be satisfied, and the environment will be made more resilient, healthy, and well functioning. My thanks to you again, for the privilege of speaking before you today. ______ Prepared Statement of Jay Ward, Conservation Director, Oregon Natural Resources Council Oregon Natural Resources Council's 6,000 members are dedicated to preserving Oregon's wildlife, wildlands, and waters as an enduring legacy. With my presence here today, Oregon Natural Resources Council is also representing the Oregon Coalition for Public Lands, a multi-party citizens alliance that has come together to maintain public access and title to Federal lands including but not limited to Bureau of Land Management Lands, National Forest and National Park lands. The Oregon Coalition for Public Lands is also interested in developing alternative solutions to the numerous injustices suffered by the people of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw. Mr. Chairman, members of the committee, esteemed members of the Grand Ronde, Coos, Lower Umpqua, and Siuslaw tribes. I wish to thank you for the opportunity to address you today on S. 868, the Coos, Lower Umpqua, and Siuslaw Restoration Amendments Act Of 2003. We are grateful for the opportunity to present our concerns with the bill and to answer any questions you may have. While my gratitude to you Mr. Chairman is genuine, I will admit to having ambiguous feelings about testifying in opposition to S. 868. As you yourself pointed out on the floor of the Senate last year, our Government's treatment of the people of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw is nothing any of us should be proud of. There can be no argument that due to the short-sighted and sometimes racist attitudes of many of Oregon's early immigrants, the Coos, Lower Umpqua, and Siuslaw peoples were forced from their ancestral lands, confined in abysmal conditions and subjected to numerous wrongs in the ensuing 150 years. We agree with you Senator Smith that these wrongs are deserving of redress. However, we must disagree with the proposed solution and oppose S. 868. The forests of the Oregon Coast Range are largely under private industrial forest ownership. Because these private lands are so aggressively managed, the survival of several threatened and endangered species including coho salmon, spotted owls and marbled murrelets depends on strong conservation of the Siuslaw National Forest lands. The forests the Confederated Tribes seek to acquire constitute most of the Federal lands in the Coast Range between the Umpqua River and Siuslaw Rivers. This is some of the most productive forestland in the western United States and represents vital habitat for Pacific salmon, spotted owls, marbled murrelets, and hundreds of other species associated with mature and old-growth forests. Ten roadless areas suitable for wilderness designation are located within these public forests. Approximately 25,000 acres of old growth grace the landscape. Waterfalls abound. Pure water supports winter steelhead, chum, fall chinook, and coho here. As a National Forest, the Siuslaw is also recovering from over 50 years of well-meaning but misguided forestry practices. Plagued by hundreds of miles of substandard roads, and thousands of acres of single-aged, single species tree plantations, the Siuslaw is in need of proven recovery methodologies. These could include road removal, stream restoration to benefit threatened and endangered salmon and steelhead, careful application of variable-density thinning in previously logged plantations to recreate multi-storied forests and careful management of invasive species to restore the biodiversity of a coastal temperate rainforest. Many of these activities are promised by the tribes, but unfortunately citizens' ability to influence these activities will be greatly diminished. Fortunately many of these actions are already taking place. Since the application of the landmark 1994 Northwest Forest Plan, the employees and partners of the Siuslaw National Forest have been working toward just that vision. Under the able leadership of Forest Supervisors Jim Furnish and Gloria Brown, the Siuslaw has become a national leader in meeting a multitude of management goals. In fact, last June, Chief Bosworth honored the Siuslaw National Forest with the ``triple crown'' of forest management awards. These awards, the ``Breaking Gridlock'', ``Natural Resource Stewardship'' and ``Rise to the Future'' awards highlight the excellent work that current staff are doing to recreate a healthier Siuslaw National Forest for the next millennia. In fact, ONRC staff has been working with Siuslaw National Forest personnel to plan and implement restorative projects. We've been able to establish and maintain this productive relationship because both we and the Forest Service know that crucial Federal environmental laws such as the National Forest Management Act and Federal Land Policy and Management Act are backstops to any deviation from the restorative vision currently being articulated by the Siuslaw National Forest personnel. America's Siuslaw National Forest belongs to all Americans. Whether by Native Americans, native-born Americans or naturalized citizens, these public lands are appreciated for their scenic beauty, recreational opportunities and their invaluable ecological role in conserving wildlife. Currently all Americans have the right to visit, traverse, hunt and fish in and enjoy their National Forests except under very specific circumstances related to fire, safety, or other life threatening conditions . Once lands pass out of the National Forest system, there will be no unalterable rights of access to these forests. A change in tribal leadership could suspend or abrogate access to particular forests and citizens would be compelled to enter into mediation and then may or may not have legal standing to challenge that suspension. Indeed, it is because of this potential loss of access and possible changes to existing game management policies that the Oregon Hunters Association joined the coalition. S. 868 would transfer huge acreage of the Siuslaw National Forest lands to the Confederated Tribes. Over 62,000 acres of timber, worth billions of dollars, would be transferred to and held in trust by the Bureau of Indian Affairs [BIA] for the use and benefit of approximately 700 tribal members. The only previous transfer in Oregon's recent history was the transfer of 5,400 acres of Federal forests to the 695 members of the Coquille Tribe in 1996. Should S. 868 become law, what will be the response of the Coquille, Cow Creek, and Siletz Tribes, who have considerably less acreage? It is our opinion that this transfer would open a Pandora's Box of claims and counter claims which this committee could take decades to settle. In fact, it is arguable that the Confederated Tribes of the Siletz, whose homelands stretched from Tillamook to Northern California have conflicting ancestral claims to these lands. Giving public lands to Native American Tribes is consistent with the wishes of some officials and industry groups to divest public resources and dismantle landmark environmental laws and policies. As citizen-owners of the National Forests, all Americans can now participate in the management of their forests, comment on National Forest operations and utilize all branches of government to ensure that the National Forests are managed in accordance with longstanding environmental safeguards. These rights would be undermined by this transfer of lands. While the Forest Service is an agency with an imperfect history, it is charged by Congress to manage public lands with conservation values as part of its mandate. The BIA has no such mandate. It is the responsibility of the Forest Service to ``sustain the health, diversity, and productivity of the Nation's forests and grasslands to meet the needs of present and future generations.'' Under the National Indian Forest Resources Management Act, is the responsibility of the BIA to ``develop forest land and lease assets on this land'' for the economic benefit of American Indians and Alaska Natives. Application of landmark environmental laws like the National Forest Management Act and Federal Land Policy and Management Act will be limited or lost if these public forests are no longer managed by the Forest Service and Bureau of Land Management on behalf of all Americans. Conservationists' recent experience with other tribal forest land acquisitions shows that the public can lose a lot in these transfers. For example, in 1997 Congress granted the 817 members of Oregon's Coquille Tribe the ``Coquille Forest''. It consisted of public land that had previously been managed by Coos-Bay BLM. The ``Coquille Forest Act'' (P.L. 104-208) established the ``Coquille Forest'' and provided that it would be managed under applicable State and Federal forestry and environmental protection laws, and subject to the Northwest Forest Plan. In November 1998, the Coquille Tribe released the Resource Management Plan (RMP) for the Coquille Forest. The Coquille Forest RMP states the forest will be harvested sustainably, and with sophisticated methodology and estimated a sustainable harvest would be 2 million board feet (mmbf) annually. But the first timber sale proposed in the Coquille Forest, called the Chu- aw Clau-she Timber Sale proposed to award 16.6 mmbf over a 2-year period. While this timber sale was enjoined over its likely harm to threatened Coho salmon, the Coquille Tribe continued clearcutting old growth trees in violation of the Endangered Species Act and a standing court order. Only after the sale had been partially logged and the court issued a temporary restraining order did the BIA and the Coquille Tribes halt the illegal logging. As of last week, the Coquille Tribe has again submitted court documents to renew the logging in the Chu-aw Clau-she Timber Sale. (see attachment: Illegal logging in Coquille Tribal Forest) While the Coos, Lower Umpqua, and Siuslaw Tribes assert that they intend to maintain existing environmental laws and policies, at my last reading, legislative text does not appear to guarantee this assertion. Indeed, the timber industry and certain local leaders appear to support this proposal only because loopholes could remove land from management under the Northwest Forest Plan and facilitate the cutting of old growth trees, while prohibiting tribes from building their own mill or exporting logs. In S. 868, the tribes have not even established through legislative language that they would manage the forest in accordance with standards and guidelines of the Northwest Forest Plan. Given that these protections are being systematically removed by the administration and may not be in place at the time of transfer, it is likely that management practices will be controversial. Since the BIA holds these lands in trust for sovereign governments, citizen attempts to modify management decisions will be much more difficult than attempts to modify decisions about public lands. This is one reason that public lands should remain in public hands and should be managed under existing environmental laws. This legislation will undercut the 1994 Northwest Forest Plan [NWFP]. The Siuslaw National Forest is one of the National Forests covered by this plan. The NWFP is the Federal Government's attempt to provide a framework of sustainable forest management. Because of the clearcut state of surrounding private forests, most of the Siuslaw National Forest is sheltered in a system of Late Successional Reserves, Riparian Reserves and in Tier 1 Key Watersheds. Removal of these lands from the protections of the NWFP will jeopardize the reserve system as well as the viability of terrestrial and aquatic species. While much of this National Forest is currently managed to protect endangered species like Coho salmon, spotted owl, and marbled murrelet, adjacent State and private lands are granted exemptions from many constraints imposed by the NWFP. The transfer of over 62,000 acres to the Coos, Lower Umpqua, and Siuslaw Tribes and the removal of these lands from the NWFP framework will seriously undermine the NWFP and several related efforts, including Habitat Conservation Plans for the Elliot State Forest and Weyerhaeuser's Millicoma Tree Farm, the Oregon Plan for Salmon and Watersheds, and future recovery plans for listed species. Habitat Conservation Plans [HCP's] that currently provide certainty and accountability to state and private land managers may be thrown out and millions of dollars of taxpayers' moneys will have been wasted. The proposal would transfer Siuslaw National Forest lands from the Forest Service to the BIA. As I'm certain you are aware Senator Smith, the BIA is an agency currently embroiled in a massive mismanagement scandal resulting from its failure to track the royalty receipts for trustees. The agency's malfeasance is so egregious that the Department of the Interior websites are currently under court order and the Secretary of the Interior was declared in contempt of court for her agency's lack of fiscal responsibility. As the BIA has been such a poor steward of both native peoples' money and land, giving this agency responsibility for over 62,000 acres of National Forest land is an untenable gamble with precious resources. One of the first rules of business is to avoid investing in a declining market. While the Coos, Lower Umpqua, and Siuslaw people state an interest in managing the forest for ecological restoration, they also seek to become economically self-sufficient through these activities. It is unlikely that they can achieve both goals given current market conditions. Timber prices in the Northwest are at historical lows and competition from foreign suppliers is at an all time high. Through decades of overcutting, our forest ``accounts'' are already tragically overdrawn. We support economic self-sufficiency for native peoples but we strongly oppose using publicly owned forests as a blank check in an attempt to right past wrongs. In conclusion Senator Smith, the American people deserve an open, public discussion of alternate means to right these historical wrongs. Creating a tribal homeland for the 700 members of the Confederated Tribes may be a part of a just and equitable solution. We would suggest that Congress appoint a commission to determine the extent to which the Coos Lower Umpqua, and Siuslaw people have been wronged, quantify that harm and provide those funds to the tribes to purchase private forest lands, large tracts of which were also of their ancestral lands. (See attachment Siuslaw ownerships map) It may be that the land base needed to maintain cultural identity and the best economic future for the Confederated Tribes are separate issues. Indeed, the future prosperity of most Oregonians is based in a move away from extractive uses of our lands and toward technological creativity and service and recreational economies. Federal appropriations could support tribal investment in stable and profitable business enterprises. We support the efforts of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw to become economically self-sufficient. At the same time, we strongly oppose legislation which would turn over Siuslaw National Forest lands to the BIA and limit or remove landmark environmental laws that currently benefit all Americans. As citizens interested in the condition of public lands, we urge you to abandon this legislation and ask that you work to identify and fund good alternatives that maintain the national forest lands in public hands. Given the egregious treatment of the tribes by both Government and non-governmental bodies, we are eager to work together to arrive at an equitable solution. Thank you for the opportunity to present our views. I would be pleased to answer any questions you may have. Oregon Coalition for Public Lands Purpose Statement: The Oregon Coalition for Public Lands is a diverse group of conservation, recreational, and other organizations which are dedicated to the protection and preservation of Oregon's public forests, wilderness, refuges, parks, deserts, and grasslands, as well as the rights of all citizens to sustainably use and enjoy these lands and have a significant voice in their proper management. The Oregon Coalition for Public Lands will work to ensure that all the state's public lands shall be retained for responsible recreational uses such as hunting, hiking, fishing, birding, backpacking, boating, horseback-riding, sight-seeing, nature-appreciation, skiing, photography, and camping, and also for the long-term benefit and enjoyment of present and future generations. Oregon's public lands should be managed to maintain recreational resources, abundant fish and wildlife populations, functioning ecosystems, biological diversity, and watershed integrity. The Oregon Coalition of Public Lands will work with other institutions and individuals committed to promoting alternatives that will obviate any perceived need to forfeit, sell, or diminish Oregon's public lands legacy for any reason. Members of the Oregon Coalition of Public Lands: <bullet> Coast Range Association <bullet> Friends of the Columbia Gorge <bullet> Oregon Natural Resources Council <bullet> Oregon Hunters Association <bullet> Oregon State Public Interest Research Group <bullet> McKenzie Guardians <bullet> Salem Audubon Society <bullet> Siskiyou Regional Education Project <bullet> Soda Mountain Preservation Council <bullet> Umpqua Watersheds [GRAPHIC] [TIFF OMITTED] T3040.001 [GRAPHIC] [TIFF OMITTED] T3040.002 [GRAPHIC] [TIFF OMITTED] T3040.003 [GRAPHIC] [TIFF OMITTED] T3040.004 [GRAPHIC] [TIFF OMITTED] T3040.005 [GRAPHIC] [TIFF OMITTED] T3040.006 [GRAPHIC] [TIFF OMITTED] T3040.007 [GRAPHIC] [TIFF OMITTED] T3040.008 [GRAPHIC] [TIFF OMITTED] T3040.009 [GRAPHIC] [TIFF OMITTED] T3040.010 [GRAPHIC] [TIFF OMITTED] T3040.011 [GRAPHIC] [TIFF OMITTED] T3040.012 [GRAPHIC] [TIFF OMITTED] T3040.013 [GRAPHIC] [TIFF OMITTED] T3040.014 [GRAPHIC] [TIFF OMITTED] T3040.015 [GRAPHIC] [TIFF OMITTED] T3040.016 [GRAPHIC] 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