[House Report 113-168]
[From the U.S. Government Publishing Office]


113th Congress  }                                            {   Report
  1st Session   }       HOUSE OF REPRESENTATIVES             {  113-168
=======================================================================

 
AMENDING THE GRAND RONDE RESERVATION ACT TO MAKE TECHNICAL CORRECTIONS, 
                         AND FOR OTHER PURPOSES 

                                _______
                                

 July 22, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 841]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 841) to amend the Grand Ronde Reservation Act to 
make technical corrections, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 841 is to amend the Grand Ronde 
Reservation Act to make technical corrections.

                  Background and Need for Legislation

    The Confederated Tribes of the Grand Ronde Community of 
Oregon were among several tribes in Western Oregon that entered 
into treaties with the United States in the 1850s. In 1857, 
President James Buchanan issued an Executive Order to establish 
the Grand Ronde Reservation for a number of Oregon tribes. The 
reservation was more than 60,000 acres, and today the Grand 
Ronde is treated by the federal government as a single tribe 
for federal purposes such as the delivery of services and 
benefits.
    In 1954, federal supervision over Grand Ronde was 
terminated by an Act of Congress. This occurred in the context 
of the ``termination era'' when Congress determined that its 
policy of recognizing tribes, holding their lands in a federal 
trust, and supervising their affairs made Indians wards of the 
government and thereby restricted their freedom to use their 
lands.
    After a number of tribes in various parts of the United 
States were terminated by Congress, Indian people objected to 
the policy, arguing that they were not fully consulted or 
informed as to its consequences. Over the years, Congress has 
restored a number of the terminated tribes to recognized tribal 
status. In 1983, Congress enacted the Grand Ronde Restoration 
Act (Public Law 96-165) to extend recognition to the Grand 
Ronde Indians and establish a process for the tribal government 
to organize itself. The Act further required the Department of 
the Interior and the tribe to develop a plan for creating a 
reservation, but required any reservation to be established 
through an Act of Congress.
    In 1988, Congress enacted the Grand Ronde Reservation Act. 
This Act and subsequent Acts created a reservation for the 
tribe mostly within the boundaries of the former 1857 Grand 
Ronde Reservation in Polk and Yamhill counties. Today, the 
tribe has a total of 10,311 acres of trust land. According to 
the tribe, all but 259 acres of these lands are forested, and 
the tribe is actively engaged in timber management. The non-
forested trust parcels host tribal buildings and housing, a 
casino, and other infrastructure. To increase its trust land 
base within the boundaries of its former (terminated) 
reservation, Grand Ronde has been acquiring new lands which it 
then applies to put in trust through Interior's regulatory 
process.
    H.R. 841 eases the process for the Grand Ronde Tribe to 
apply for trust land within the original boundaries of its 
former 1857 reservation, which encompassed a 60,000-plus-acre 
area in Polk and Yamhill Counties, Oregon. The bill also deems 
property placed in trust for the tribe after 1988 to be part of 
the tribe's reservation. Finally, the bill places specific 
tracts of land totaling 288 acres in trust for the tribe in its 
former reservation.

                            Committee Action

    H.R. 841 was introduced on February 26, 2013, by 
Congressman Kurt Schrader (D-OR). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Indian and Alaska Native Affairs. On May 16, 
2013, the Subcommittee on Indian and Alaska Native Affairs held 
a hearing on the bill. On June 12, 2013, the Full Natural 
Resources Committee met to consider the bill. The Subcommittee 
on Indian and Alaska Native Affairs was discharged by unanimous 
consent. No amendments were offered and the bill was then 
adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of Rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 841--A bill to amend the Grand Ronde Reservation Act to make 
        technical corrections, and for other purposes

    H.R. 841 would authorize the Secretary of the Interior to 
take into trust 288 acres of property located within the 
boundaries of the original reservation of the Confederated 
Tribes of the Grand Ronde Community of Oregon. The bill also 
would modify the process that the Secretary uses to evaluate 
land to take into trust for the tribe. In addition, all 
property taken into trust by the Secretary within the 
boundaries of the tribe's original reservation after September 
9, 1988, would be considered part of that reservation.
    Based on information provided by the Department of the 
Interior, CBO estimates that implementing H.R. 841 would have 
no significant impact on the federal budget. CBO estimates that 
the legislation would not significantly affect the cost of 
processing applications to take land into trust or the cost of 
administering the tribes' trust lands. Enacting H.R. 841 would 
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
    H.R. 841 contains no intergovernmental or private-sector 
mandates as defined by the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. Based on 
information provided by the Department of the Interior, CBO 
estimates that implementing H.R. 841 would have no significant 
impact on the federal budget.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Grand Ronde Reservation 
Act to make technical corrections.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                    SECTION 1 OF PUBLIC LAW 100-425


 An Act To establish a reservation for the Confederated Tribes of the 
        Grand Ronde Community of Oregon, and for other purposes.

SECTION 1. ESTABLISHMENT OF RESERVATION.

  (a) Lands Held in Trust; Reservation.--
          (1) In general.--Subject to valid existing rights, 
        including (but not limited to) all valid liens, rights-
        of-way, reciprocal road rights-of-way agreements, 
        licenses, leases, permits, and easements existing on 
        the date of enactment of this Act, all right, title, 
        and interest of the United States in and to the land 
        described in subsection (c) is hereby held in trust for 
        the use and benefit of the Confederated Tribes of the 
        Grand Ronde Community of Oregon. Such land shall 
        constitute the reservation of the Confederated Tribes 
        of the Grand Ronde Community of Oregon and shall be 
        subject to the Act entitled ``An Act to conserve and 
        develop Indian lands and resources; to extend to 
        Indians the right to form business and other 
        organizations; to establish a credit system for 
        Indians; to grant certain rights of home rule to 
        Indians; to provide for vocational education for 
        Indians; and for other purposes'', approved June 18, 
        1934 (25 U.S.C. 461 et seq.).
          (2) Additional trust acquisitions.--
                  (A) In general.--The Secretary may accept 
                title to any additional number of acres of real 
                property located within the boundaries of the 
                original 1857 reservation of the Confederated 
                Tribes of the Grand Ronde Community of Oregon 
                established by Executive Order dated June 30, 
                1857, comprised of land within the political 
                boundaries of Polk and Yamhill Counties, 
                Oregon, if that real property is conveyed or 
                otherwise transferred to the United States by 
                or on behalf of the Tribe.
                  (B) Treatment of trust land.--All 
                applications to take land into trust within the 
                boundaries of the original 1857 reservation 
                shall be treated by the Secretary as an on-
                reservation trust acquisition.
                  (C) Reservation.--All real property taken 
                into trust within those boundaries at any time 
                after September 9, 1988, shall be part of the 
                reservation of the Tribe.
  (b) Treatment of Receipts From Reservation Lands.--Beginning 
on the date of enactment of this Act, all receipts from the 
lands described in subsection (c) shall accrue to the 
Confederated Tribes of the Grand Ronde Community of Oregon. 
This subsection shall not apply to receipts from timber on such 
lands which was removed before the date of enactment of this 
Act.
  (c) Lands Described.--The lands referred to [in subsection 
(a) are approximately 10,311.60] in subsection (a)(1) are 
approximately 11,274.19 acres of land located in Oregon and 
more particularly described as:
        Willamette Meridian, Oregon
        Township Range


      


                         South          West          Section              Subdivision                  Acres

                           4              8             36         SE\1/4\SE\1/4\                          40.00
                           4              7             31         Lots 1, 2, NE\1/4\,E\1/                320.89
                                                                    2\NW\1/4\
                           5              7              6         All                                    634.02
                           5              7              7         All                                    638.99
                           5              7             18         Lots 1&2, NE\1/4\,E\1/                 320.07
                                                                    2\NW\1/4\
                           5              8              1         SE\1/4\                                160.00
                           5              8              3         All                                    635.60
                           5              8              7         All                                    661.75
                           5              8              8         All                                    640.00
                           5              8              9         All                                    640.00
                           5              8             10         All                                    640.00
                           5              8             11         All                                    640.00
                           5              8             12         All                                    640.00
                           5              8             13         All                                    640.00
                           5              8             14         All                                    640.00
                           5              8             15         All                                    640.00
                           5              8             16         All                                    640.00
                           5              8             17         All                                    640.00
                           6              8              1         SW\1/4\SW\1/4\,W\1/2\SE\1/              53.78
                                                                    4\SW\1/4\
                           6              8              1         S\1/2\E\1/2\SE\1/4\SW\1/4\              10.03
                          [6              7              8         Tax lot 800                             5.55]
                           6              7        7, 8, 17, 18    Former tax lot 800,                      5.55
                                                                    located within the SE \1/
                                                                    4\ SE \1/4\ of Section 7;
                                                                    SW \1/4\ SW \1/4\ of
                                                                    Section 8; NW \1/4\ NW \1/
                                                                    4\ of Section 17; and NE
                                                                    \1/4\ NE \1/4\ of Section
                                                                    18
                           4              7             30         Lots 3, 4, SW\1/4\NE\1/4\,       [240] 241.06
                                                                    SE\1/4\NW\1/4\,E\1/2\SW\1/
                                                                    4\
                           6              8              1         N\1/2\SW\1/4\                           29.59
                           6              8             12         W\1/2\SW\1/4\NE\1/4\, SE\1/             21.70
                                                                    4\SW\1/4\NE\1/4\NW\1/4\,
                                                                    N\1/2\SE\1/4\NW\1/4\, N\1/
                                                                    2\SW\1/4\SW\1/4\SE\1/4\
                           6              8             13         W\1/2\E\1/2\NW\1/4\NW\1/4\               5.31
                           6              7              7         E\1/2\E\1/2\                            57.60
                           6              7              8         SW\1/4\SW\1/4\NW\1/4\, W\1/             22.46
                                                                    2\SW\1/4\
                           6              7             17         NW\1/4\NW\1/4\, N\1/2\SW\1/             10.84
                                                                    4\NW\1/4\
                           6              7             18         E\1/2\NE\1/4\                           43.42
                                                                              [Total                  10,311.60]
                           6              8              1         W \1/2\ SE \1/4\ SE \1/4\                20.6
                           6              8              1         N \1/2\ SW \1/4\ SE \1/4\               19.99
                           6              8              1         SE \1/4\ NE \1/4\                        9.99
                           6              8              1         NE \1/4\ SW \1/4\                       10.46
                           6              8              1         NE \1/4\ SW \1/4\, NW \1/               12.99
                                                                    4\ SW \1/4\
                           6              7              6         SW \1/4\ NW \1/4\                       37.99
                           6              7              5         SE \1/4\ SW \1/4\                       24.87
                           6              7            5, 8        SW \1/4\ SE \1/4\ of                    109.9
                                                                    Section 5; and NE \1/4\
                                                                    NE \1/4\, NW \1/4\ NE \1/
                                                                    4\, NE \1/4\ NW \1/4\ of
                                                                    Section 8
                           6              8              1         NW \1/4\ SE \1/4\                       31.32
                           6              8              1         NE \1/4\ SW \1/4\                        8.89
                           6              8              1         SW \1/4\ NE \1/4\, NW \1/                78.4
                                                                    4\ NE \1/4\
                           6              7            8, 17       SW \1/4\ SW \1/4\ of                    14.33
                                                                    Section 8; and NE \1/4\
                                                                    NW \1/4\, NW \1/4\ NW \1/
                                                                    4\ of Section 17
                           6              7             17         NW\1/4\ NW \1/4\                         6.68
                           6              8             12         SW \1/4\ NE\1/4\                         8.19
                           6              8              1         SE \1/4\ SW \1/4\                         2.0
                           6              8              1         SW \1/4\ SW \1/4\                        5.05
                           6              8             12         SE \1/4\, SW \1/4\                       50.8
                           6              7           17, 18       SW \1/4\, NW \1/4\ of                  136.83
                                                                    Section 17; and SE \1/4\,
                                                                    NE \1/4\ of Section 18
                           6              8              1         SW \1/4\ SE \1/4\                       20.08
                           6              7              5         NE \1/4\ SE \1/4\, SE \1/               97.38
                                                                    4\ SE \1/4\, E \1/2\ SE
                                                                    \1/4\ SW \1/4\
                           4              7             31         SE \1/4\                               159.60
                           6              7             17         NW \1/4\ NW \1/4\                        3.14
                           6              8             12         NW \1/4\ SE \1/4\                        1.10
                           6              7              8         SW \1/4\ SW \1/4\                        0.92
                           6              8             12         NE \1/4\ NW \1/4\                        1.99
                           6              7              7         NW \1/4\ NW \1/4\ of
                                                                    Section 7; and
                           6              8             12         S \1/2\ NE \1/4\, E \1/2\               86.48
                                                                    NE \1/4\ NE \1/4\ of
                                                                    Section 12
                           6              8             12         NE \1/4\ NW \1/4\                        1.56
                                                                                     Total             11,274.19


  (d) Claims Extinguished; Liability.--
          (1) Claims extinguished.--All claims to lands within 
        the State of Oregon based upon recognized title to the 
        Grand Ronde Indian Reservation established by the 
        Executive order of June 30, 1857, pursuant to treaties 
        with the Kalapuya, Molalla, and other tribes, or any 
        part thereof by the Confederated Tribes of the Grand 
        Ronde Community of Oregon, or any predecessor or 
        successor in interest, are hereby extinguished, and any 
        transfers pursuant to the Act of April 28, 1904 (Chap. 
        1820; 33 Stat. 567) or other statute of the United 
        States, by, from, or on behalf of the Confederated 
        Tribes of the Grand Ronde Community of Oregon, or any 
        predecessor or successor interest, shall be deemed to 
        have been made in accordance with the Constitution and 
        all laws of the United States that are specifically 
        applicable to transfers of lands or natural resources 
        from, by, or on behalf of any Indian, Indian nation, or 
        tribe of Indians (including, but not limited to, the 
        Act of July 22, 1790, commonly known as the ``Trade and 
        Intercourse Act of 1790'' (1 Stat. 137, chapter 33, 
        section 4)).
          (2) Liability.--The Tribe shall assume responsibility 
        for lost revenues, if any, to any county because of the 
        transfer of revested Oregon and California Railroad 
        grant lands in section 30, Township 4 South, Range 7 
        West.

                                  
