[Congressional Record (Bound Edition), Volume 153 (2007), Part 15]
[House]
[Pages 21312-21313]
[From the U.S. Government Publishing Office, www.gpo.gov]




    WAIVING APPLICATION OF INDIAN SELF-DETERMINATION AND EDUCATION 
  ASSISTANCE ACT TO PROPERTY TRANSFERRED TO CERTAIN INDIAN TRIBES IN 
                                 OREGON

  Mrs. CHRISTENSEN. Mr. Speaker, I ask unanimous consent for the 
immediate consideration in the House of the Senate bill (S. 375) 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.
  The Clerk read the title of the Senate 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 Senate bill, as follows:

                                 S. 375

       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

[[Page 21313]]

     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).

  Mrs. CHRISTENSEN. Mr. Speaker, the Indian Self-Determination and 
Education Assistance Act has frequently been hailed as one of the most 
important pieces of Federal Indian legislation. Despite the success of 
this law, in this instance, the law is impeding two Tribes located in 
Oregon and their efforts to engage in non-gaming economic development.
  In this case, the Secretary of the Interior transferred approximately 
20 acres of land to these tribes via a quitclaim deed. But because it 
was transferred pursuant to the Indian Self-Determination Act, it 
contains a reversionary clause. This clause requires the land to revert 
back to the United States if the land is not used for economic 
development purposes. Although the Tribes intend to use the land for 
economic development purposes, they are unable to obtain conventional 
financing because of the reversionary clause.
  Senator Smith of Oregon introduced S. 375 to address this issue and 
our colleague Representative Darlene Hooley is the sponsor of an 
identical measure in this body. The legislation simply directs the 
Secretary of the Interior to reissue a quitclaim deed that is not 
subject to the Indian Self-Determination Act.
  I urge my colleagues to support this measure.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________