[Senate Report 109-349]
[From the U.S. Government Publishing Office]





                                                       Calendar No. 642
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-349

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  WAIVING APPLICATION OF THE INDIAN SELF-DETERMINATION AND EDUCATION 
  ASSISTANCE ACT TO A SPECIFIC PARCEL OF REAL PROPERTY BY THE UNITED 
STATES TO 2 INDIAN TRIBES IN THE STATE OF OREGON AND FOR OTHER PURPOSES

                                _______
                                

               September 26, 2006.--Ordered to be printed

                                _______
                                

    Mr. McCain, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 3687]

    The Committee on Indian Affairs, to which was referred the 
bill, S. 3687, to waive application of the Indian Self-
Determination and Education Assistance Act to a specific parcel 
of real property by the United States to 2 Indian tribes in the 
State of Oregon and for other purposes, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                PURPOSE

    S. 3687 will waive application of the Indian Self-
Determination and Education Assistance Act, Pub. L. 93-638, to 
a specific parcel of real property transferred by the United 
States to the Confederated Tribes of Siletz Indians of Oregon 
and the Confederated Tribes of Grand Ronde Community of Oregon. 
It further directs the Secretary of the Interior to issue a new 
deed that will not include a reversionary clause, and will 
prohibit gaming on the property.

                               BACKGROUND

    In 2002, the United States transferred approximately 19.86 
acres of land in Keizer, Oregon to the Confederated Tribes of 
Siletz Indians of Oregon and the Confederated Tribes of Grand 
Ronde Community of Oregon (hereafter the ``Tribes''). Transfer 
of the property was made under the authority of the Indian 
Self-Determination and Education Assistance Act, Pub. L. 93-638 
(the ``Act''). Pursuant to the Act the United States is 
required to retain a right of reversion in the quitclaim deed 
transferring the property. Unfortunately, due to that right of 
reversion, the property cannot be used as collateral to finance 
development of the property.
    The parcel of land described in the quitclaim deed is 
approximately 19.86 acres of land originally used as part of 
the Chemawa Indian School. The land was transferred by the 
United States in 1973 and 1974 to the State of Oregon for use 
in highway and associated road projects. Interstate Highway 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. The United States, in 
turn, on request of the Tribes, transferred the parcel jointly 
to the Tribes for economic development and other purposes under 
the Act. The quitclaim deed dated June 18, 2002, was recorded 
in the public records of Marion County, Oregon, on June 19, 
2002.
    The United States does not desire the return of the parcel 
and does not intend under any circumstances to take action to 
seek return of the parcel. In reliance on this intent, the 
Tribes have committed over $2.5 million to infrastructure 
improvements to the parcel, 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. The property is an integral component 
of a major commercial development advocated by the City of 
Keizer. The Tribal property development master plan, approved 
by the City, includes development of a gas station, 
restaurants, retail space and flex office space.
    By waiving the residual application of the Act, S. 3687 
will clear title to the property and allow the Tribes to obtain 
financing to realize the full commercial potential of the 
property. S. 3687 contains an express prohibition on using the 
property for gaming purposes.

                          LEGISLATIVE HISTORY

    S. 3687 was introduced on July 19, 2006, by Senator Smith 
and Senator Wyden, and was referred to the Committee on Indian 
Affairs. On September 14, 2006, S. 3687 was unanimously passed 
out of the Committee and ordered reported without amendment.

            COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

    On September 14, 2006, the Committee, in an open business 
session, considered S. 3687. By a unanimous voice vote, the 
Committee ordered the bill reported favorably to the full 
Senate with the recommendation that the bill do pass.

                 SECTION-BY-SECTION ANALYSIS OF S. 3687

Section 1. Findings

    Section 1 provides findings supporting the intent of the 
bill, including: that the parcel of land described in the 
quitclaim deed is approximately 19.86 acres of land originally 
used as part of the Chemawa Indian School; that the United 
States does not desire the return of the parcel and does not 
intend under any circumstances to take action to seek return of 
the parcel; and that in reliance on this intent, the Tribes 
have committed over $2.5 million to infrastructure improvements 
to the parcel, 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.

Section 2. Waiver of application of Indian Self-Determination and 
        Education Assistance Act

    Section 2(a), notwithstanding any other provision of law, 
waives the application of Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.) for the 
transfer of the parcel of real property deeded by the United 
States to the Confederated Tribes of Siletz Indians of Oregon 
and the Confederated Tribes of Grand Ronde Community of Oregon 
by quitclaim deed dated June 18, 2002.
    Section 2(b) directs the Secretary of the Interior to issue 
a new deed that does not include any restriction on the right 
to alienate the parcel or any reference to any provision of the 
Indian Self-Determination and Education Assistance Act.
    Section 2(c) prohibits Class II gaming and Class III gaming 
under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 
from being conducted on the 19.86 acres of land.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office cost estimate for S. 3687 
is set forth below:

S. 3687--A bill 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 two Indian tribes 
        in the state of Oregon, and for other purposes

    S. 3687 would direct the Secretary of the Interior to issue 
a new deed to the Confederated Tribes of Siletz Indians and the 
Confederated Tribes of the Grand Ronde Community of Oregon, 
exempting approximately 20 acres of land currently owned by the 
tribes from provisions of the Indian Self-Determination and 
Education Assistance Act. CBO estimates that enacting S. 3687 
would have no significant impact on the federal budget.
    S. 3687 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
Enacting this legislation would benefit the two tribes.
    In June 2002, the federal government transferred 
approximately 20 acres of land to the Confederated Tribes of 
Siletz Indians and the Confederated Tribes of the Grand Ronde 
Community of Oregon. S. 3687 would direct the Secretary to 
reissue a deed for the land that waives provisions of the 
Indian Self-Determination and Education Assistance Act related 
to use of that property. Because the land in question is not 
currently owned or held in trust by the United States, CBO 
estimates that enacting the bill would have no significant 
effect on the federal budget.
    The CBO staff contact for this estimate is Daniel Hoople. 
This estimate was approved by Robert A. Sunshine, Assistant 
Director for Budget Analysis.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires that each report accompanying a bill evaluate 
the regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee has concluded that the 
regulatory and paperwork impacts of S. 3687 will be de minimis.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no official executive 
communications on S. 3687.

                        CHANGES IN EXISTING LAW

    S. 3687 will not make changes to existing law.

                                  
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