[Congressional Record Volume 147, Number 147 (Tuesday, October 30, 2001)]
[House]
[Pages H7379-H7380]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




USE OF TRUST LAND AND RESOURCES OF CONFEDERATED TRIBES OF WARM SPRINGS 
                         RESERVATION OF OREGON

  Mr. WALDEN of Oregon. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 483) regarding the use of the trust land and 
resources of the Confederated Tribes of the Warm Springs Reservation of 
Oregon, as amended.
  The Clerk read as follows:

                                H.R. 483

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES.

       The first section of the Act entitled ``An Act to authorize 
     the leasing of restricted Indian lands for public, religious, 
     educational, residential, business, and other purposes 
     requiring the grant of long-term leases'', approved August 9, 
     1955 (25 U.S.C. 415(a)), is amended--
       (1) by inserting ``, the reservation of the Confederated 
     Tribes of the Warm Springs Reservation of Oregon,'' after 
     ``Spanish Grant'')''; and
       (2) by inserting ``lands held in trust for the Confederated 
     Tribes of the Warm Springs Reservation of Oregon'' before ``, 
     lands held in trust for the Cherokee Nation of Oklahoma''.

     SEC. 2. USE OF CERTAIN TRUST LANDS AND RESOURCES FOR ECONOMIC 
                   DEVELOPMENT.

       (a) Approval of Agreement.--The use of tribal lands, 
     resources, and other assets described in the document 
     entitled ``Long-Term Global Settlement and Compensation 
     Agreement'', dated April 12, 2000 (hereafter referred to as 
     the ``GSA''), entered into by the Department of the Interior, 
     the Confederated Tribes of the Warm Springs Reservation of 
     Oregon (in this section referred to as the ``Tribes''), and 
     the Portland General Electric Company, and in the Included 
     Agreements, as attached to the GSA on April 12, 2000, and 
     delivered to the Department of the Interior on that date, is 
     approved and ratified. The authorization, execution, and 
     delivery of the GSA is approved. In this section, the GSA and 
     the Included Agreements are collectively referred to as the 
     ``Agreement''. Any provision of Federal law which applies to 
     tribal land, resources, or other assets (including proceeds 
     derived therefrom) as a consequence of the Tribes' status as 
     a federally recognized Indian tribe shall not--
       (1) render the Agreement unenforceable or void against the 
     parties; or
       (2) prevent or restrict the Tribes from pledging, 
     encumbering, or using funds or other assets that may be paid 
     to or received by or on behalf of the Tribes in connection 
     with the Agreement.
       (b) Authority of Secretary.--
       (1) In general.--Congress hereby deems that the Secretary 
     of the Interior had and has the authority--
       (A) to approve the Agreement; and
       (B) to implement the provisions of the Agreement under 
     which the Secretary has obligations as a party thereto.
       (2) Other agreements.--Any agreement approved by the 
     Secretary prior to or after the date of the enactment of this 
     Act under the authority used to approve the Agreement shall 
     not require Congressional approval or ratification to be 
     valid and binding on the parties thereto.
       (c) Rules of Construction.--
       (1) Scope of section.--This section shall be construed as 
     addressing only--
       (A) the validity and enforceability of the Agreement with 
     respect to provisions of Federal law referred to in section 
     2(a) of this Act; and
       (B) approval for provisions of the Agreement and actions 
     that are necessary to implement provisions of the Agreement 
     that the parties may be required to obtain under Federal laws 
     referred to in section 2(a) of this Act.
       (2) Authority.--Nothing in this Act shall be construed to 
     imply that the Secretary of the Interior did not have the 
     authority under Federal law as in effect immediately before 
     the enactment of this Act to approve the use of tribal lands, 
     resources, or other assets in the manner described in the 
     Agreement or in the implementation thereof.

     SEC. 3. EFFECTIVE DATE.

       This Act shall take effect as of April 12, 2000.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. Walden) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Oregon (Mr. Walden).
  Mr. WALDEN of Oregon. Mr. Speaker, on April 12 of 2000, the Warm 
Springs Tribe, Portland General Electric Company, and the Department of 
the Interior as the Tribe's trustee entered into an agreement for the 
Tribe to buy one-third or more of the 440-megawatt Pelton Hydroelectric 
Project on Oregon's Deschutes River. About one-third of that project is 
on the Warm Springs Tribal trust land.
  The Tribe plans to use bonds to finance the $30 million initial one-
third acquisition of the project. A Federal law requires that any 
encumbrance of Indian trust resources be approved by the Interior 
Secretary. Interior asserts its current authorities are sufficient to 
authorize that approval for the Warm Springs trust resources. However, 
bond counsel asserts current authority is not express enough to allow 
for an unqualified opinion needed to issue those bonds. The Tribe and 
PGE also believe more express authority will help secure their 
agreement.
  H.R. 483 addresses this situation by providing express approval 
specifically for the Pelton agreement so the bonds can be issued and 
the agreement is more secure. At the same time, it provides that this 
single case instance of approval is not to diminish Interior's existing 
authority to approve similar agreements.
  The bill also authorizes Warm Springs trust land leases of up to 99 
years at the Secretary's discretion.
  Mr. Speaker, I hope that the House can unanimously support this piece 
of legislation. It is cosponsored by the entire Oregon delegation, and 
it will provide a needed economic development for the Warm Springs 
Tribes.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, this legislation will permit the Confederated Tribes of 
the Warm Springs Reservation of Oregon to enter into various leases 
concerning their trust lands for up to 99 years.
  Over the years, and at the specific request of the affected Indian 
tribe, we have passed numerous similar bills in order to give Indian 
tribes more flexibility to develop trust lands for the benefit of their 
members. What is different about this bill, however, is that we are 
also giving Congressional approval to a settlement and business 
agreement entered into among the Tribe, the Department of the Interior, 
and the Portland General Electric Company. The agreement benefits all 
parties and will help bring needed economic development to the 
reservation.
  Similar agreements between Indian tribes and private companies occur 
upon the approval of the Secretary of the Interior. While I support the 
passage of this bill today, it is important to stress that in doing so 
we are not questioning the Secretary's authority over such matters nor 
the validity of agreements bearing her approval.
  With that, Mr. Speaker, I urge my colleagues to support the passage 
of H.R. 483.

                              {time}  1600

  Mr. WALDEN of Oregon. Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Speaker, I thank the gentlewoman from yielding me 
this time.
  Mr. Speaker, I rise to join my colleague from eastern Oregon in 
support of this legislation, and I am pleased to cosponsor it along 
with the gentleman.
  Mr. Speaker, we have a special obligation as Members of this assembly 
to be sensitive to the needs of Native Americans. Sadly, the history of 
the United States brings no great credit to the Government or this 
body, and there have been many lost opportunities. I rise in support of 
H.R. 483 because it is one way to seize an opportunity and do the right 
thing.
  H.R. 483 gives the Warm Springs Tribe the same control over their 
sovereign lands that other governments already enjoy. This act will 
allow the Warm Springs Tribal Government to lease its own land in the 
same manner that the Cherokee Nation and State and local jurisdictions 
have for years.
  Certainly the Confederated Tribes of the Warm Springs Reservation in 
Oregon have shown that they have earned this right. They are located on 
the largest land holding in our State. They have a long history of 
excellent official relationships with State and Federal authorities in 
Oregon. They operate

[[Page H7380]]

their own tribal courts, health system, educational facilities, and law 
enforcement agencies. They have been leaders in economic development 
initiatives of which this provision would enable another chapter to 
move forward.
  I have been pleased to work with the tribe in times past. I think it 
is high time for us to allow the tribe to express similar leadership 
that they have over their own land. The second provision approves the 
agreement by the tribes with General Electric to regulate projects on 
its land. As has been pointed out, this has been a long time in the 
making. It was approved a year and a half ago, and its time for 
Congress to add its seal of approval. I strongly urge my colleagues to 
vote for passage of H.R. 483.
  Mrs. CHRISTENSEN. Mr. Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  Mr. WALDEN of Oregon. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, in closing, I thank the gentleman from Oregon (Mr. 
Blumenauer) for his kind comments and his generous support of this 
legislation and express my appreciation to the tribes and to Jefferson 
County and to Portland General Electric for their continuous work as we 
have wordsmithed this bill, probably more than any other bill I have 
been around, to make it conform to the needs of all of the parties 
involved. They have been quite patient and helpful in this process. I 
urge passage of this bill.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Petri). The question is on the motion 
offered by the gentleman from Oregon (Mr. Walden) that the House 
suspend the rules and pass the bill, H.R. 483, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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