[Congressional Record Volume 152, Number 127 (Monday, November 13, 2006)]
[Senate]
[Page S10885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        WAIVING APPLICATION OF THE INDIAN SELF-DETERMINATION AND
                        EDUCATION ASSISTANCE ACT

  Mr. FRIST. I ask unanimous consent the Senate proceed to the 
immediate consideration of Calendar No. 642, S. 3687.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3687) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. I ask unanimous consent that the bill be read a third time 
and passed, the motion to reconsider be laid on the table with no 
intervening action or debate, and any statements be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3687) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 3687

       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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