[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.