[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.).''.
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