[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3878 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 3878

  To authorize the Secretary of the Interior to hold in trust for the 
 benefit of the nine federally recognized Indian tribes in Oregon the 
  Chemawa Indian School land and improvements, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 2012

 Mr. Schrader introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of the Interior to hold in trust for the 
 benefit of the nine federally recognized Indian tribes in Oregon the 
  Chemawa Indian School land and improvements, 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. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Chemawa Indian 
School Trust Transfer and Self-Determination Act of 2012''.
    (b) Findings.--Congress finds the following:
            (1) The Chemawa Indian School, originally opened in Forest 
        Grove, Oregon, in 1880, is the longest continuously operating 
        off-reservation boarding school for Indian children in the 
        United States.
            (2) Circa 1885, Chemawa Indian School students and staff 
        donated significant resources toward the purchase of the Salem, 
        Oregon, school property and expressed a desire that the school 
        lands and buildings belong to the Indians.
            (3) All the land purchased for the Chemawa Indian School 
        was deeded directly to the Federal Government, has never been 
        converted to trust status, and is not considered ``Indian 
        country'' under title 18, United States Code.
            (4) The land that comprises the Chemawa Indian School is 
        now managed by the General Services Administration.
            (5) As much as one-third of the Chemawa Indian School 
        property has been sold or transferred by the Federal Government 
        for various purposes, without direct benefit to the Chemawa 
        students and without input from the Oregon tribes regarding 
        whether such sales or transfers would affect the mission of the 
        Chemawa Indian School or whether the property could be used for 
        other Indian purposes.
            (6) Consistent with principles of tribal self-
        determination, decisions about the operation and future of the 
        Chemawa Indian school, lands, and purposes should be under the 
        control and authority of the Oregon tribes.
            (7) Resolutions supporting the transfer of the Chemawa 
        Indian School into trust status for the benefit of the 
        federally recognized Indian tribes in Oregon have been passed 
        by the Confederated Tribes of the Warm Springs Reservation of 
        Oregon, the Confederated Tribes of Siletz Indians of Oregon, 
        the Confederated Tribes of the Umatilla Indian Reservation, the 
        Coquille Indian Tribe, the Confederated Tribes of Coos, the 
        Lower Umpqua and Siuslaw Indians, the Klamath Tribes, the Cow 
        Creek Band of Umpqua Indians, the Burns Paiute Tribe, the 
        Chemawa Indian School Board, the Affiliated Tribes of Northwest 
        Indians, and the National Congress of American Indians.

SEC. 2. CHEMAWA INDIAN SCHOOL AND CHEMAWA CEMETERY LAND HELD IN TRUST 
              FOR BENEFIT OF OREGON TRIBES.

    (a) Transfer of Administration and Authorization to Hold in 
Trust.--
            (1) Transfer of administrative jurisdiction from the 
        general services administration.--The Administrator of the 
        General Services Administration shall transfer to the 
        Secretary, without reimbursement, administrative jurisdiction 
        over the land described in subsection (b).
            (2) Holding in trust by secretary.--Upon completion of the 
        transfer of administrative jurisdiction under paragraph (1) and 
        subject to any existing encumbrances, rights of way, 
        restrictions, easements of record, or utility service 
        agreements in effect on the date of the enactment of this Act 
        with respect to the land described in subsection (b), the 
        Secretary shall hold in trust for the benefit of the Oregon 
        tribes the land described in subsection (b).
            (3) Limitation.--Nothing in this subsection shall be 
        construed to prevent the future removal of the encumbrances 
        referred to in paragraph (2).
    (b) Land Description.--
            (1) In general.--The land to be held in trust under 
        subsection (a) is the land and improvements owned by the United 
        States and occupied by the Chemawa Indian School in Salem, 
        Oregon, including the cemeteries on such land, but excluding 
        the approximately 1.4 acres comprising the former Indian Health 
        Service School Clinic that is located within the following 
        sections:
                    (A) Section 36 of township 6 south, range 3 west.
                    (B) Section 31 of township 6 south, range 2 west.
                    (C) Section 1 of township 7 south, range 3 west.
                    (D) Section 6 of township 7 south, range 2 west.
            (2) Survey.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, the Secretary shall 
                conduct a survey of the trust land.
                    (B) Adjustment.--Upon completion of the survey 
                conducted under subparagraph (A), the Secretary shall 
                provide an opportunity for public notice and comment on 
                the survey, including comments on any survey revision 
                or adjustment. After the revisions or adjustments have 
                been completed, the Secretary shall provide notice to 
                the Board of Trustees that the survey has been 
                completed.
                    (C) Availability of survey.--The Secretary shall 
                place a copy of the completed survey on file for public 
                inspection at the appropriate office of the Secretary. 
                The survey placed on file shall thereafter be the 
                official survey and legal description of the Chemawa 
                Indian School property and the Chemawa Cemetery 
                property.
    (c) Condition.--
            (1) Use of land.--As a condition of the Secretary holding 
        the trust land in trust, the Oregon tribes shall agree that 
        such land shall be used--
                    (A) in the case of land that is Chemawa Indian 
                School property only for--
                            (i) Indian educational purposes;
                            (ii) the direct support of the educational 
                        programs and services carried out on such land 
                        and other activities that support Indian 
                        education carried out on such land;
                            (iii) the cultural benefit of the Oregon 
                        tribes; and
                            (iv) any other purpose authorized by the 
                        Board of Trustees and approved by the 
                        Secretary; and
                    (B) in the case of land that is Chemawa Cemetery 
                property, only for cemetery purposes.
            (2) Noncompliance.--If the Secretary determines that the 
        trust land is not being used for the purposes described in 
        paragraph (1), the Secretary may initiate any remedial action 
        the Secretary determines is appropriate, including seeking 
        injunctive relief.
            (3) Prohibition on gaming.--As a condition of the Secretary 
        holding the trust land in trust, the Oregon tribes shall agree 
        that such land shall not be used to conduct gaming activities 
        as a matter of claimed inherent authority or under the 
        authority of any Federal law, including the Indian Gaming 
        Regulatory Act (25 U.S.C. 2701 et seq.) or under any 
        regulations thereunder promulgated by the Secretary or the 
        National Indian Gaming Commission.

SEC. 3. BOARD OF TRUSTEES.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall establish a Chemawa Indian 
School Board of Trustees.
    (b) Composition.--The Board of Trustees shall be composed of nine 
trustees and two adjunct trustee advisors appointed as follows:
            (1) Each of the Oregon tribes shall appoint one trustee.
            (2) One adjunct trustee advisor shall be appointed by the 
        Secretary to jointly represent Indian tribes from each of the 
        following Bureau of Indian Affairs Regions:
                    (A) The Alaska Region.
                    (B) The Northwest Region.
                    (C) The Pacific Region.
                    (D) The Rocky Mountain Region.
                    (E) The Great Plains Region.
                    (F) The Midwest Region.
            (3) One adjunct trustee advisor shall be appointed by the 
        Secretary to jointly represent tribes from the following Bureau 
        of Indian Affairs Regions:
                    (A) The Western Region.
                    (B) The Navajo Region.
                    (C) The Southwest Region.
                    (D) The Eastern Oklahoma Region.
                    (E) The Southern Plains Region.
                    (F) The Eastern Region.
    (c) Terms.--
            (1) Trustees.--
                    (A) In general.--Each trustee shall be appointed 
                for a term of six years except as provided in 
                subparagraph (B).
                    (B) Terms of initial appointees.--As designated by 
                the Oregon tribes at the time of appointment, of the 
                trustees first appointed--
                            (i) one trustee shall be appointed for a 
                        term of two years;
                            (ii) two trustees shall be appointed for a 
                        term of three years;
                            (iii) two trustees shall be appointed for a 
                        term of four years;
                            (iv) two trustees shall be appointed for a 
                        term of five years; and
                            (v) two trustees shall be appointed for a 
                        term of six years.
            (2) Adjunct trustee advisors.--
                    (A) In general.--Each adjunct trustee advisor shall 
                be appointed for a term of six years, except as 
                provided in subparagraph (B).
                    (B) Terms of initial appointees.--As designated by 
                the Secretary at the time of appointment, of the 
                adjunct trustee advisors first appointed--
                            (i) one adjunct trustee advisor shall be 
                        appointed for a term of three years; and
                            (ii) one adjunct trustee advisor shall be 
                        appointed for a term of six years.
    (d) Quorums and Voting.--
            (1) Quorum.--Five trustees shall constitute a quorum to 
        conduct the business of the Board of Trustees.
            (2) Voting.--
                    (A) Voting rights.--Each trustee shall have one 
                vote and an adjunct trustee advisor may not vote.
                    (B) Super-majority required.--Adoption of any 
                action by the Board of Trustees involving a material 
                change or decision with respect to the use, protection, 
                or development of any of the trust land, or a material 
                change in the status of the educational institution 
                operating on or activities conducted on such land shall 
                require the affirmative votes of at least seven 
                trustees voting in the majority.
    (e) Duties and Responsibilities.--
            (1) Trustees.--Subject to any regulations that may be 
        issued by the Secretary with respect to the trust land, the 
        Board of Trustees shall--
                    (A) establish protocols and procedures for the 
                organization and operation of the Board of Trustees;
                    (B) during such time as the Secretary directly 
                operates a school on such land, coordinate with the 
                Chemawa School Board regarding the organization and 
                operation of such School Board;
                    (C) serve as the beneficiary of such land regarding 
                decisions made by the United States with respect to the 
                management, use, protection, and development of such 
                land; and
                    (D) provide guidance and leadership relating to the 
                long-term welfare of such land and the Indian 
                educational and cultural functions conducted on such 
                land.
            (2) Adjunct trustee advisors.--Adjunct trustee advisors 
        shall advise the Board of Trustees on how the use, operation, 
        protection, or development of the trust land affects the 
        Chemawa Indian School students from the Bureau of Indian 
        Affairs Regions the adjunct trustee advisors represent.
    (f) Termination.--Section 14(a)(2)(B) of the Federal Advisory 
Committee Act (5 U.S.C. App.; relating to the termination of advisory 
committees) shall not apply to the Board of Trustees.

SEC. 4. OPERATION OF CHEMAWA INDIAN SCHOOL.

    (a) Operation by the Secretary.--The Secretary shall directly 
operate the Chemawa Indian School unless the Board of Trustees assumes 
operation of the school as described in subsection (b).
    (b) Self-Determination Contract or Self-Governance Compact With the 
Secretary.--The Board of Trustees may assume operation of the Chemawa 
Indian School or use the trust land for any use specified in section 
2(c) if the Board of Trustees, acting with the approval of a super-
majority of the Board of Trustees as provided in section 3(d)(2), 
enters into a self-determination contract or self-governance compact 
with the Secretary under the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b et seq.) with respect to such assumption 
or use.
    (c) Educational Activities.--
            (1) The Board of Trustees may undertake or authorize any 
        educational activity on the trust land during the operation of 
        the Chemawa Indian School by the Secretary if such activity 
        does not interfere with such operation.
            (2) If the Board of Trustees assumes the operation of the 
        School under an Indian self-determination contract or self-
        governance compact as described in subsection (b), the Board of 
        Trustees may undertake or authorize any educational activity 
        the Board of Trustees determines is appropriate.

SEC. 5. USE OF THE CHEMAWA INDIAN SCHOOL LAND IF NOT NEEDED FOR 
              EDUCATION PURPOSES.

    (a) In General.--If the Secretary determines, after consultation 
with the Board of Trustees, that the portion of the trust land occupied 
by the Chemawa Indian School is no longer needed for Indian education 
purposes, the Secretary shall certify that the land is not needed for 
such purposes.
    (b) Use by Tribes.--Notwithstanding the conditions on the use of 
the trust land specified in section 2(c), if the Secretary makes the 
certification under subsection (a), the Board of Trustees shall require 
that such land be used for the collective benefit of the Oregon tribes.

SEC. 6. DEFINITIONS.

    In this Act:
            (1)  Board of trustees.--The term ``Board of Trustees'' 
        means the Chemawa Indian School Board of Trustees established 
        in section 3.
            (2) Oregon tribes.--The term ``Oregon tribes'' means the 
        following federally recognized Indian tribes in Oregon:
                    (A) Burns Paiute Tribe.
                    (B) Coquille Indian Tribe.
                    (C) Confederated Tribes of Coos, Lower Umpqua, and 
                Siuslaw Indians.
                    (D) Confederated Tribes of the Grand Ronde 
                Community of Oregon.
                    (E) Confederated Tribes of Siletz Indians of 
                Oregon.
                    (F) Confederated Tribes of the Warm Springs 
                Reservation of Oregon.
                    (G) Confederated Tribes of the Umatilla Indian 
                Reservation.
                    (H) Cow Creek Band of Umpqua Tribe of Indians.
                    (I) Klamath Tribes.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Trust land.--The term ``trust land'' means the land 
        described in section 2(b)(1).
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