[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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