[DOCID: f:sr044.110]
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Calendar No. 109
110th Congress Report
1st Session
SENATE
110-44
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A BILL TO WAIVE APPLICATION OF THE INDIAN SELF-DETERMINATION AND
EDUCATION ASSISTANCE ACT TO A SPECIFIC PARCEL OF REAL PROPERTY
TRANSFERRED BY THE UNITED STATES TO 2 TRIBES IN THE STATE OF OREGON,
AND FOR OTHER PURPOSES
_______
April 10, 2007.--Ordered to be printed
_______
Mr. Dorgan, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 375]
The Committee on Indian Affairs, to which was referred the
bill, S. 375, a bill to waive application of the Indian Self-
Determination and Education Assistance Act to a specific parcel
of real property transferred by the United States to 2 Indian
tribes in the State of Oregon, and for other purposes, having
considered the same, reports favorably thereon and recommends
that the bill do pass.
PURPOSE
S. 375 would waive application of the Indian Self-
Determination and Education Assistance Act to the transfer of a
specific parcel of real property by the United States to the
Confederated Tribes of Siletz Indians of Oregon and the
Confederated Tribes of the Grand Ronde Community of Oregon;
direct the Secretary of the Interior to issue a new deed that
will not include any reversionary interest or restriction on
the right to alienate the property; and prohibit gaming on the
property.
BACKGROUND
The parcel of real property at issue in S. 375 was
historically used by the United States as part of the Chemawa
Indian School campus in Keizer, Oregon. The parcel of real
property was included in land transfers by the United States in
1973 and 1974 to the State of Oregon for use for highway and
associated road projects. These road projects were completed,
and in 1988 the Oregon Department of Transportation deeded the
remaining acreage back to the United States. The United States,
no longer having a use for the property, determined it would be
most appropriate to transfer the property to the Confederated
Tribes of Siletz Indians of Oregon and the Confederated Tribes
of the Grand Ronde Community of Oregon for economic development
and other purposes under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
In 2002, the United States transferred approximately 19.86
acres of land formerly used for the Chemawa Indian School to
the Confederated Tribes of Siletz Indians of Oregon and the
Confederated Tribes of the Grand Ronde Community of Oregon. The
land transfer to the tribes was executed via quitclaim deed and
under the authority of the Indian Self-Determination and
Education Assistance Act, which required the United States to
include a reversionary clause in the deed whereby title to the
parcel would revert back to the United States in certain
circumstances. The deed was dated June 18, 2002, and recorded
in the public records of Marion County, Oregon, on June 19,
2002.
As indicated in a letter dated July 7, 2006, from the
Acting Northwest Regional Director of the Bureau of Indian
Affairs to the Honorable Delores Pigsley, Chairman of the
Confederated Tribes of the Siletz Reservation, the United
States intended for the tribes to freely and fully develop the
property. The reversionary clause in the deed, however, has
created financing difficulties for the tribes and prevented
full development of the parcel of land. S. 375 is intended to
eliminate the reversionary interest of the United States in the
parcel so that the tribes may fully utilize the land for non-
gaming economic development purposes.
The United States does not desire the return of the parcel
of land and does not intend under any circumstances to take
action to seek return of the property. In reliance on this
intent, the tribes have committed over $2.5 million to
infrastructure improvements to the parcel, and have approved
plans to further develop the property for economic purposes,
the realization of which is dependent on the ability of the
tribes to secure conventional financing. The parcel of land is
an integral component of a major commercial development
advocated by the City of Keizer in Oregon, where the property
is located. The tribal property development master plan
includes development of a gas station, restaurants, retail
space and flex office space.
By waiving the application of the Indian Self-Determination
and Education Assistance Act to the transfer of the property,
S. 375 will clear title to the parcel of land and allow the
tribes to obtain conventional financing from commercial lending
institutions and realize the full commercial potential of the
property. S. 375 contains an express prohibition on using the
property for gaming purposes. The waiving of the application of
the Indian Self-Determination and Education Assistance Act
applies only to the transfer of the property and is not
intended to impede or prevent the two tribes from utilizing the
property for any purposes under that Act.
LEGISLATIVE HISTORY
S. 375 was introduced on January 24, 2007, by Senator
Gordon Smith and Senator Ron Wyden, and was referred to the
Committee on Indian Affairs. On February 8, 2007, S. 375 was
unanimously passed out of the Committee and ordered to be
reported without amendment.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTE
On February 8, 2007, the Committee, in an open business
session, considered S. 375. By a unanimous voice vote, the
Committee ordered the bill to be reported favorably to the full
Senate with the recommendation that the bill do pass.
SECTION BY SECTION ANALYSIS OF S. 375
Section 1. Findings
Section 1 provides findings supporting the intent of the
bill, including that the parcel of land described in the
quitclaim deed is approximately 19.86 acres of land originally
used as part of the Chemawa Indian School; that the United
States does not desire the return of the parcel and does not
intend under any circumstances to take action to seek return of
the parcel; and that in reliance on this intent, the tribes
have committed over $2.5 million to infrastructure improvements
to the parcel, and have approved plans to further develop the
parcel for economic purposes, the realization of which is
dependent on the ability of the tribes to secure conventional
financing.
Section 2. Waiver of application of Indian Self-Determination and
Education Assistance Act to the transfer of property
Section 2(a) states that the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) shall not
apply to the transfer of real property deeded by the United
States to the Confederated Tribes of Siletz Indians of Oregon
and the Confederated Tribes of the Grand Ronde Community of
Oregon by quitclaim deed dated June 18, 2002.
Section 2 (b) directs the Secretary of the Interior to
issue a new deed that does not include any restriction on the
right to alienate the parcel or any reference to any provision
of the Indian Self-Determination and Education Assistance Act.
Section 2(c) prohibits conducting Class II gaming and Class
III gaming under the Indian Gaming Regulatory Act (25 U.S.C.
2701 et seq.) on the property.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office cost estimate for S. 375 is
set forth below:
February 20, 2007.
Hon. Byron L. Dorgan,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 375, a bill to waive
application of the Indian Self-Determination and Education
Assistance Act to a specific parcel of real property
transferred by the United States to two Indian tribes in the
state of Oregon, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Daniel S.
Hoople.
Sincerely,
Peter R. Orszag,
Director.
Enclosure.
S. 375--A bill to waive application of the Indian Self-Determination
and Education Assistance Act to a specific parcel of real
property transferred by the United States to two Indian tribes
in the state of Oregon, and for other purposes
S. 375 would direct the Secretary of the Interior to issue
a new deed to the Confederated Tribes of Siletz Indians and the
Confederated Tribes of the Grand Ronde Community of Oregon,
exempting approximately 20 acres of land currently owned by the
tribes from provisions of the Indian Self-Determination and
Education Assistance Act. CBO estimates that enacting S. 375
would have no significant impact on the federal budget.
S. 375 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Enacting this legislation would benefit the two tribes.
In June 2002, the federal government transferred
approximately 20 acres of land to the Confederated Tribes of
Siletz Indians and the Confederated Tribes of the Grand Ronde
Community of Oregon. S. 375 would direct the Secretary to
reissue a deed for the land that waives provisions of the
Indian Self-Determination and Education Assistance Act related
to the use of that property. Because the land in question is
not currently owned or held in trust by the United States, CBO
estimates that enacting the bill would have no significant
effect on the federal budget.
The CBO staff contact for this estimate is Daniel Hoople.
This estimate was approved by Robert A. Sunshine, Assistant
Director for Budget Analysis.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill evaluate
the regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee has concluded that the
regulatory and paperwork impacts of S. 375 should be minimal.
EXECUTIVE COMMUNICATIONS
The Committee has not received official executive
communications on S. 375.
CHANGES IN EXISTING LAW
S. 375 will not make any changes to existing law.
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