[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5394 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5394

  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 Oregon, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2006

   Ms. Hooley (for herself, Mr. DeFazio, Mr. Blumenauer, and Mr. Wu) 
 introduced the following bill; which was referred to the Committee on 
                               Resources

_______________________________________________________________________

                                 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 Oregon, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Regarding that parcel of real property in Marion County, Oregon, 
deeded by the United States of America 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, and recorded 
in the public records of Marion County on June 19, 2002, the Congress 
finds as follows:
            (1) The parcel of land described in the Quitclaim Deed 
        dated June 18, 2002, comprising approximately 19.86 acres of 
        land originally used as part of the Chemawa Indian School, was 
        transferred by the United States in 1973 and 1974 to the State 
        of Oregon for use for highway and associated road projects. I-5 
        and the Salem Parkway were completed and in 1988 the Oregon 
        Department of Transportation deeded the remaining acreage back 
        to the Federal Government.
            (2) The Federal Government found it could no longer use the 
        returned acreage for the administration of Indian affairs, and 
        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;
            (3) The United States transferred the property jointly to 
        the Confederated Tribes of Siletz Indians of Oregon and the 
        Confederated Tribes of the Grand Ronde Community of Oregon, for 
        economic development or other purposes, pursuant to the 
        authority of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450 et seq.). The Siletz and Grand 
        Ronde Tribes requested that the transfer take place.
            (4) Transfer of the real property was memorialized by the 
        United States in 2 separate documents, an agreement titled 
        ``Agreement for Transfer of Federally Owned Buildings, 
        Improvements, Facilities and/or Land from the United States of 
        America the [sic] Confederated Tribes of the Grand Ronde 
        Community of Oregon and the Confederated Tribes of Siletz Tribe 
        [sic] of Oregon,'' dated June 21, 2001, and a Quitclaim Deed, 
        dated June 18, 2002 and recorded in the public records of 
        Marion County, Oregon, on June 19, 2002, Reel 1959, Page 84.
            (5) Use of the real property by the two federally 
        recognized Indian tribes for economic development purposes is 
        consistent with the intent and language of the Indian Self-
        Determination and Education Assistance Act and other Federal 
        Indian statutes to encourage tribal economic development and to 
        promote economic self-sufficiency for Indian tribes.
            (6) The United States does not desire the return of the 
        property to the Federal Government, and does not intend under 
        any circumstances to take action under the Indian Self-
        Determination and Education Assistance Act or other legal 
        authority to seek the return of the property. In reliance upon 
        this intent, the two Indian tribes have committed over 
        $2,500,000 to infrastructure improvements to the property, 
        including roads and sewer and water systems, and have approved 
        plans to further develop this property for economic 
        development, the realization of which is dependent upon the 
        Indian tribes' ability to secure conventional financing.

SEC. 2. WAIVER OF APPLICATION OF THE INDIAN SELF DETERMINATION AND 
              EDUCATION ASSISTANCE ACT TO PROPERTY TRANSFERRED BY THE 
              UNITED STATES TO THE SILETZ AND GRAND RONDE TRIBES.

    (a) Nonapplication of Law.--Notwithstanding any other provision of 
law, application of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the transfer 
of the real property identified in the Quitclaim Deed dated June 18, 
2002, from the United States of America to the Confederated Tribes of 
Siletz Indians of Oregon and the Confederated Tribes of the Grand Ronde 
Community of Oregon, and recorded in the public records of Marion 
County, Oregon, on June 19, 2002 at Reel 1959, Page 84.
    (b) New Deed.--The Secretary of Interior shall issue a new deed 
with regard to the real property described in subsection (a) without 
any restriction on the right to alienate the property and in which all 
references to the Indian Self-Determination and Education Assistance 
Act and provisions of that Act shall be omitted.
    (c) No Gaming.--Class II and Class III gaming under the Indian 
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) may not be conducted on 
the real property described in this section.
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