[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 375 Enrolled Bill (ENR)]
S.375
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
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.
SEC. 2. WAIVER OF APPLICATION OF INDIAN SELF-DETERMINATION AND
EDUCATION ASSISTANCE ACT.
(a) Nonapplication of Law.--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) New Deed.--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) Prohibition on Gaming.--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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.