II 112th CONGRESS 1st Session S. 908 IN THE SENATE OF THE UNITED STATES May 5, 2011 Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To provide for the addition of certain real property to the reservation of the Siletz Tribe in the State of Oregon.
1.
Treatment of certain property of the Siletz tribe of the State of Oregon
Section 7 of the Siletz Tribe Indian Restoration Act (25 U.S.C. 711e) is amended by adding at the end the following: (f)
Treatment of certain property
(1)
In general
The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1855 Siletz Coast Reservation established by Executive Order dated November 9, 1855, comprised of land within the political boundaries of Benton, Douglas, Lane, Lincoln, Tillamook, and Yamhill Counties in the State of Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the tribe. (2)
Treatment as part of reservation
Subject to paragraph (3), all real property that is taken into trust under paragraph (1) shall— (A)be considered and evaluated as an on-reservation acquisition under part 151.10 of title 25, Code of Federal Regulations (or successor regulations); and (B)become part of the reservation of the tribe. (3)
Approval of county governments
(A)
Definition of County
In this paragraph, the term County means the following counties in the State of Oregon: (i)Benton County. (ii)Douglas County. (iii)Lane County. (iv)Lincoln County. (v)Tillamook County. (vi)Yamhill County. (B)
Notification to Secretary
(i)
Opt-in
(I)
In general
Subject to clause (iii), any real property taken into trust under this subsection shall be considered and evaluated as an on-reservation acquisition under part 151.10 of title 25, Code of Federal Regulations (or successor regulations), if the Board of County Commissioners or other appropriate County executive of the County in which the real property is located submits to the Secretary written approval of that consideration and evaluation in the form of a resolution or other appropriate governing document. (II)
Action by Secretary
If a Board of County Commissioners or other appropriate County executive submits written approval to the Secretary under subclause (I), the Secretary shall consider and evaluate in accordance with subclause (I) any real property taken into trust in that County under this subsection by not later than 30 days after the date on which the Secretary receives the written approval. (ii)
Other acquisitions
If a Board of County Commissioners or other appropriate County executive does not submit written approval to the Secretary under subclause (I), any real property taken into trust in that County under this subsection shall be considered and evaluated under the appropriate provisions of part 151 of title 25, Code of Federal Regulations (or successor regulations), as determined by the Secretary. (iii)
Opt-out
(I)
In general
A Board of County Commissioners or other appropriate County executive that submits written approval to the Secretary under clause (i)(I) may revoke that approval by submitting to the Secretary written documentation of the revocation in the form of a resolution or other appropriate governing document for— (aa)any real property taken into trust in that County under this subsection; or (bb)a specific transaction in which real property is taken into trust in that County under this subsection. (II)
No retroactivity
Any revocation submitted under subclause (I) shall apply only to real property that is taken into trust on or after the date on which the Secretary receives the revocation. (III)
Action by Secretary
(aa)
In general
If a Board of County Commissioners or other appropriate County executive submits a revocation to the Secretary under subclause (I)(aa), the Secretary shall consider and evaluate any real property taken into trust in that County under the appropriate provisions of part 151 of title 25, Code of Federal Regulations (or successor regulations), as determined by the Secretary, by not later than 30 days after the date on which the Secretary receives the revocation. (bb)
Specific transactions
If a Board of County Commissioners or other appropriate County executive submits a revocation to the Secretary under subclause (I)(bb), the Secretary shall consider and evaluate that specific transaction in which real property is taken into trust in that County under this subsection under the appropriate provisions of part 151 of title 25, Code of Federal Regulations (or successor regulations), as determined by the Secretary, beginning on the date on which the Secretary receives the revocation. (4)
Prohibition on gaming
Any real property taken into trust under paragraph (1) shall not be eligible, or used, for any gaming activity carried out under the Indian Gaming Regulatory Act (25 U.S.C.A. 2701 et seq.). .