[Congressional Record (Bound Edition), Volume 153 (2007), Part 15]
[House]
[Pages 21310-21311]
[From the U.S. Government Publishing Office, www.gpo.gov]




             COQUILLE INDIAN TRIBE, OREGON LAND CONVEYANCE

  Mrs. CHRISTENSEN. Mr. Speaker, I ask unanimous consent for the 
immediate consideration in the House of the bill (H.R. 2863) to 
authorize the Coquille Indian Tribe of the State of Oregon to convey 
land and interests in land owned by the Tribe.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the Virgin Islands?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 2863

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

     SECTION 1. LAND AND INTERESTS OF COQUILLE INDIAN TRIBE, 
                   OREGON.

       (a) In General.--Subject to subsections (b) and (c), 
     notwithstanding any other provision

[[Page 21311]]

     of law (including regulations), the Coquille Indian Tribe of 
     the State of Oregon (including any agent or instrumentality 
     of the Tribe) (referred to in this section as the ``Tribe''), 
     may transfer, lease, encumber, or otherwise convey, without 
     further authorization or approval, any land (including fee 
     simple land) or interest in land owned by the Tribe.
       (b) Nonapplicability to Certain Conveyances.--Subsection 
     (a) shall not apply with respect to any transfer, 
     encumbrance, lease, or other conveyance of any land or 
     interest in land of the Tribe that occurred before January 1, 
     2007.
       (c) Effect of Section.--Nothing in this section invalidates 
     or otherwise alters or affects any restriction on alienation 
     applicable to land held in trust by the United States for the 
     benefit of the Tribe or any member of the Tribe.


                          Committee Amendment

  The SPEAKER pro tempore. The Clerk will report the committee 
amendment.
  The Clerk read as follows:

       Committee amendment:
       Strike out all after the enacting clause and insert:

                               H.R. 2863

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

     SECTION 1. LAND AND INTERESTS OF COQUILLE INDIAN TRIBE, 
                   OREGON.

       (a) In General.--Subject to subsections (b) and (c), 
     notwithstanding any other provision of law (including 
     regulations), the Coquille Indian Tribe of the State of 
     Oregon (including any agent or instrumentality of the Tribe) 
     (referred to in this section as the ``Tribe''), may transfer, 
     lease, encumber, or otherwise convey, without further 
     authorization or approval, any land (including fee simple 
     land) or interest in land owned by the Tribe.
       (b) Nonapplicability to Certain Conveyances.--Subsection 
     (a) shall not apply with respect to any transfer, 
     encumbrance, lease, or other conveyance of any land or 
     interest in land of the Tribe that occurred before January 1, 
     2007.
       (c) Effect of Section.--Nothing in this section invalidates 
     or otherwise alters or affects any restriction on alienation 
     applicable to land held in trust by the United States for the 
     benefit of the Tribe or any member of the Tribe.
       (d) Liability.--The United States shall not be held liable 
     to any (including the Tribe or any agent or instrumentality 
     of the Tribe) for any term of, or any loss resulting from the 
     term of any transfer, lease, encumbrance, or conveyance of 
     land made pursuant to this Act unless the United States or an 
     agent or instrumentality of the United States is a party to 
     the transaction or the United States would be liable pursuant 
     to any other provision of law. This subsection shall not 
     apply to land transferred or conveyed by the Tribe to the 
     United States to be held, in trust for the benefit of the 
     Tribe.
  Mrs. CHRISTENSEN (during the reading). Mr. Speaker, I ask unanimous 
consent that the committee amendment be considered as read and printed 
in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the Virgin Islands?
  There was no objection.
  The committee amendment was agreed to.
  Mrs. CHRISTENSEN. Mr. Speaker, in 1790, the Non-Intercourse Act was 
enacted reserving the right to acquire land, or an interest in land, 
owned by an Indian tribe in the United States. It was intended to 
prevent third parties from taking advantage of Indians by prohibiting 
the lease, transfer, encumbrance or conveyance of lands from an Indian 
tribe without Federal approval.
  Our colleague, Representative Peter DeFazio, introduced the pending 
measure to exempt the conveyance of non-trust lands made by a Tribe 
located in Oregon. In this particular case, the law is preventing this 
Tribe from fully engaging in non-gaming economic development on fee 
land because Federal approval is required for leases between the Tribe 
and third parties.
  I urge my colleagues to support this measure.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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