[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 375 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 375
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24, 2007
Mr. Smith (for himself and Mr. Wyden) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
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.
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).
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