[Congressional Record Volume 159, Number 29 (Thursday, February 28, 2013)]
[Senate]
[Pages S1013-S1014]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 402. A bill to provide for the addition of certain real property 
to the reservation of the Siletz Tribe in the State of Oregon; to the 
Committee on Indian Affairs.
  Mr. WYDEN. Mr. President, today I rise to introduce a bill that will 
address a cumbersome and time consuming process in place under existing 
law within the Bureau of Indian Affairs. This piece of legislation will 
streamline the land acquisition process for the Confederated Tribes of 
Siletz Indians. The current process for taking land into trust is 
simply not working, and I believe there are changes that need to be 
made in the existing process. I am pleased to be joined by Senator 
Merkley in this effort. I want to note that I introduced similar 
legislation last Congress that was stalled at the Committee level due 
to certain language in that bill--language that, at the time, we 
thought was needed but found later was unnecessary and was preventing 
the bill from moving forward. In the bill I am introducing today, I 
took that language out to resolve the needs of the various stakeholders 
and to ensure the bill has a chance to pass the Committee and be signed 
into law.
  The original Siletz Coastal Treaty Reservation, established by the 
Executive Order on November 9, 1855, was diminished and then eliminated 
by the Federal Government's allotment and termination policies. Tribal 
members and the tribal government have worked to rebuild the Siletz 
community since the Western Oregon Termination Act of August 1954 
stripped the Siletz people of Federal tribal recognition. Since then 
the tribe has been struggling to rebuild its land base. This 
legislation would work to facilitate the tribe's land into trust 
process within the original Siletz coast reservation to overcome 
chronic agency delays in processing applications. Instead of having two 
cumbersome processes to bring each piece of former reservation land 
back into the reservation after purchase, one to bring the land into 
trust and another to make it reservation land, my legislation would 
allow the tribe to combine the process.
  In this case, because the original reservation was disassembled, and 
the tribe terminated and provided a very small land base upon 
restoration, virtually every tract of land the tribe seeks to place 
into trust today is considered by the Bureau of Indian Affairs,

[[Page S1014]]

BIA, pursuant to off-reservation fee-to-trust procedures. Off-
reservation requests would mean that, according the regulations, the 
``. . . secretary gives greater scrutiny to the tribe's justification 
of anticipated benefits. . .''
  By applying the on-reservation fee-to-trust criteria for lands within 
the Siletz Tribe's original reservation, this legislation allows the 
Tribe to take land into trust that will ultimately provide for vital 
tribal programs such as housing, government administration, and jobs--
for both tribal and county residents. In addition, the bill emphasizes 
the importance and the intent of the Indian Reorganization Act of 
1934--which allows the Secretary of Interior, in his or her discretion, 
to take land into trust for the benefit of an Indian tribe or of 
individual Indians. Essentially, reversing the loss of tribal lands and 
restoring some of the tribe's original land base by allowing the Tribe 
to take land into trust under the same provisions as other Indian 
tribes within their reservations.
  This bill underscores the importance of economic stability and self-
determination for the Confederated Tribes of Siletz Indians and its 
members. Due to failed Termination Era policies, Oregon Tribal 
communities suffer some of the greatest hurdles, whether it is health 
care, education, or crime on reservations. This bill would alleviate 
much of the cost and much needed resources associated with the 
bureaucratic hoops the tribe has had to jump through for years--which 
mean a significant savings of time and resources.
  The Siletz Tribe has approached all the involved counties and has 
developed great communication and working relationships with them. This 
legislation establishes and confirms a positive and beneficial 
partnership between the Federal Government, Siletz Tribe and local 
counties Lincoln, Lane, Tillamook, Yamhill, Benton, and Douglas.
  That is why I am introducing this legislation. The process remains 
cumbersome and costly and I recognize the need for more action. It is 
always great to see tribes and local counties work together to come up 
with proactive solutions for their communities to tackle challenging 
economic conditions.
  I want to express my thanks to all the citizens and community and 
tribal leaders who have worked to build their communities. They 
represent the pioneering spirit and vision that defines my state.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 402

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

     SECTION 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.--
       ``(A) Title.--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.
       ``(B) Trust.--Land to which title is accepted by the 
     Secretary under this paragraph shall be held in trust by the 
     United States for the benefit of the tribe.
       ``(2) Treatment as part of reservation.--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) 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. 2701 et seq.).''.
                                 ______