[Senate Report 110-44]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 109
110th Congress                                                   Report
 1st Session
                                 SENATE
                                                                 110-44

======================================================================

 
   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 2 TRIBES IN THE STATE OF OREGON, 
                         AND FOR OTHER PURPOSES

                                _______
                                

                April  10, 2007.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 375]

    The Committee on Indian Affairs, to which was referred the 
bill, S. 375, 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 2 Indian 
tribes in the State of Oregon, and for other purposes, having 
considered the same, reports favorably thereon and recommends 
that the bill do pass.

                                PURPOSE

    S. 375 would waive application of the Indian Self-
Determination and Education Assistance Act to the transfer of a 
specific parcel of real property by the United States to the 
Confederated Tribes of Siletz Indians of Oregon and the 
Confederated Tribes of the Grand Ronde Community of Oregon; 
direct the Secretary of the Interior to issue a new deed that 
will not include any reversionary interest or restriction on 
the right to alienate the property; and prohibit gaming on the 
property.

                               BACKGROUND

    The parcel of real property at issue in S. 375 was 
historically used by the United States as part of the Chemawa 
Indian School campus in Keizer, Oregon. The parcel of real 
property was included in land transfers by the United States in 
1973 and 1974 to the State of Oregon for use for highway and 
associated road projects. These road projects were completed, 
and in 1988 the Oregon Department of Transportation deeded the 
remaining acreage back to the United States. The United States, 
no longer having a use for the property, 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 for economic development 
and other purposes under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.).
    In 2002, the United States transferred approximately 19.86 
acres of land formerly used for the Chemawa Indian School to 
the Confederated Tribes of Siletz Indians of Oregon and the 
Confederated Tribes of the Grand Ronde Community of Oregon. The 
land transfer to the tribes was executed via quitclaim deed and 
under the authority of the Indian Self-Determination and 
Education Assistance Act, which required the United States to 
include a reversionary clause in the deed whereby title to the 
parcel would revert back to the United States in certain 
circumstances. The deed was dated June 18, 2002, and recorded 
in the public records of Marion County, Oregon, on June 19, 
2002.
    As indicated in a letter dated July 7, 2006, from the 
Acting Northwest Regional Director of the Bureau of Indian 
Affairs to the Honorable Delores Pigsley, Chairman of the 
Confederated Tribes of the Siletz Reservation, the United 
States intended for the tribes to freely and fully develop the 
property. The reversionary clause in the deed, however, has 
created financing difficulties for the tribes and prevented 
full development of the parcel of land. S. 375 is intended to 
eliminate the reversionary interest of the United States in the 
parcel so that the tribes may fully utilize the land for non-
gaming economic development purposes.
    The United States does not desire the return of the parcel 
of land and does not intend under any circumstances to take 
action to seek return of the property. 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 property for economic purposes, 
the realization of which is dependent on the ability of the 
tribes to secure conventional financing. The parcel of land is 
an integral component of a major commercial development 
advocated by the City of Keizer in Oregon, where the property 
is located. The tribal property development master plan 
includes development of a gas station, restaurants, retail 
space and flex office space.
    By waiving the application of the Indian Self-Determination 
and Education Assistance Act to the transfer of the property, 
S. 375 will clear title to the parcel of land and allow the 
tribes to obtain conventional financing from commercial lending 
institutions and realize the full commercial potential of the 
property. S. 375 contains an express prohibition on using the 
property for gaming purposes. The waiving of the application of 
the Indian Self-Determination and Education Assistance Act 
applies only to the transfer of the property and is not 
intended to impede or prevent the two tribes from utilizing the 
property for any purposes under that Act.

                          LEGISLATIVE HISTORY

    S. 375 was introduced on January 24, 2007, by Senator 
Gordon Smith and Senator Ron Wyden, and was referred to the 
Committee on Indian Affairs. On February 8, 2007, S. 375 was 
unanimously passed out of the Committee and ordered to be 
reported without amendment.

            COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

    On February 8, 2007, the Committee, in an open business 
session, considered S. 375. By a unanimous voice vote, the 
Committee ordered the bill to be reported favorably to the full 
Senate with the recommendation that the bill do pass.

                 SECTION BY SECTION ANALYSIS OF S. 375

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 to the transfer of property

    Section 2(a) states that the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.) shall not 
apply to the transfer of real property 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.
    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 conducting Class II gaming and Class 
III gaming under the Indian Gaming Regulatory Act (25 U.S.C. 
2701 et seq.) on the property.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office cost estimate for S. 375 is 
set forth below:

                                                 February 20, 2007.
Hon. Byron L. Dorgan,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 375, 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Daniel S. 
Hoople.
            Sincerely,
                                           Peter R. Orszag,
                                                          Director.
    Enclosure.

S. 375--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. 375 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. 375 
would have no significant impact on the federal budget.
    S. 375 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. 375 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 the 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. 375 should be minimal.

                        EXECUTIVE COMMUNICATIONS

    The Committee has not received official executive 
communications on S. 375.

                        CHANGES IN EXISTING LAW

    S. 375 will not make any changes to existing law.

                                  
