1.With respect to the parcel of real property
in Marion County, Oregon, 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, and recorded
in the public records of Marion County on June 19, 2002, Congress finds
that—
(1)the parcel of land
described in the quitclaim deed, 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;
(2)Interstate Route
5 and the Salem Parkway were completed, and in 1988 the Oregon Department of
Transportation deeded the remaining acreage of the parcel back to the United
States;
(3)the United States
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;
(4)on
request of the Confederated Tribes of Siletz Indians of Oregon and the
Confederated Tribes of the Grand Ronde Community of Oregon, the United States
transferred the parcel jointly to the Tribes for economic development and other
purposes under the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.);
(5)the transfer of
the parcel was memorialized by the United States in 2 documents,
including—
(A)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
(B)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);
(6)use of the parcel by Tribes for economic
development purposes is consistent with the intent and language of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) and
other Federal Indian law—
(A)to encourage tribal economic development;
and
(B)to promote economic self-sufficiency for
Indian tribes;
(7)the United States does not desire the
return of the parcel and does not intend under any circumstances to take action
under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450
et seq.) or any other legal authority to seek the return of the parcel;
and
(8)in reliance on this intent, the Tribes have
committed over $2,500,000 to infrastructure improvements to the parcel,
including roads and sewer and water systems, 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.
2.Waiver of
application of Indian Self-Determination and Education Assistance Act
(a)Notwithstanding any other provision of law, the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) shall
not apply to the transfer of the parcel of real property in Marion County,
Oregon, 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, and recorded in the public
records of Marion County on June 19, 2002.
(b)The Secretary of the Interior shall issue a new deed to the
Tribes to the parcel described in subsection (a) that shall not include—
(1)any restriction
on the right to alienate the parcel; or
(2)any reference to
any provision of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
(c)Class II gaming and class III gaming under the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be conducted on the
parcel described in subsection (a).
September 26, 2006
Reported without amendment