[House Report 113-367]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-367
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TO PROVIDE FOR THE ADDITION OF CERTAIN REAL PROPERTY TO THE RESERVATION
OF THE SILETZ TRIBE IN THE STATE OF OREGON
_______
February 28, 2014.--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. 931]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 931) to provide for the addition of certain real
property to the reservation of the Siletz Tribe in the State of
Oregon, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. PURPOSE; CLARIFICATION.
(a) Purpose.--The purpose of this Act is to facilitate fee-to-trust
applications for the Siletz Tribe within the geographic area specified
in the amendment made by this Act.
(b) Clarification.--Except as specifically provided otherwise by this
Act or the amendment made by this Act, nothing in this Act or the
amendment made by this Act, shall prioritize for any purpose the claims
of any federally-recognized Indian tribe over the claims of any other
federally-recognized Indian tribe.
SEC. 2. TREATMENT OF CERTAIN PROPERTY OF THE SILETZ TRIBE OF THE STATE
OF OREGON.
Section 7 of the Siletz Tribe Indian Restoration Act (25 U.S.C. 711e)
is amended by adding at the end the following:
``(f) Treatment of Certain Property.--
``(1) In general.--
``(A) Title.--The Secretary may accept title to any
additional number of acres of real property located
within the boundaries of the original 1855 Siletz Coast
Reservation established by Executive Order dated
November 9, 1855, comprised of land within the
political boundaries of Benton, Douglas, Lane, Lincoln,
Tillamook, and Yamhill Counties in the State of Oregon,
if that real property is conveyed or otherwise
transferred to the United States by or on behalf of the
tribe.
``(B) Trust.--Land to which title is accepted by the
Secretary under this paragraph shall be held in trust
by the United States for the benefit of the tribe.
``(2) Treatment as part of reservation.--All real property
that is taken into trust under paragraph (1) shall--
``(A) be considered and evaluated as an on-
reservation acquisition under part 151.10 of title 25,
Code of Federal Regulations (or successor regulations);
and
``(B) become part of the reservation of the tribe.
``(3) Prohibition on gaming.--Any real property taken into
trust under paragraph (1) shall not be eligible, or used, for
any gaming activity carried out under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.).''.
Purpose of the Bill
The purpose of H.R. 931 is to provide for the addition of
certain real property to the reservation of the Siletz Tribe in
the State of Oregon.
Background and Need for Legislation
The Confederated Tribes of Siletz Indians comprise a number
of bands of Oregon Indians who were located to a 1.1 million-
acre reservation set aside by Executive Order of President
Franklin Pierce in 1855. In 1954, federal supervision over the
Siletz 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 1977, Congress enacted a bill to restore the
Confederated Tribes of Siletz Indians of Oregon (Public Law 95-
195). The Act established a process for the tribe to organize,
and 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 1980, Congress established a reservation for the Siletz
under Public Law 96-340, consisting of 3,630 acres as well as a
parcel known as Government Hill that was conveyed by the city
of Siletz. The lands are mostly timberlands. Over the years,
the tribe has increased its land holdings to more than 15,000
acres, mostly in Lincoln and Douglas Counties, Oregon. The
tribe owns a casino, resort, and a number of other businesses.
H.R. 931 eases the process for the Siletz Indian Tribe to
apply for trust land within the original boundaries of the
former 1855 Siletz Coast Reservation, which encompassed a large
area on the coast of Oregon within the counties of Benton,
Douglas, Lane, Lincoln, Tillamook, and Yamhill. The bill
prohibits gaming on land acquired in trust under this bill.
Committee Action
H.R. 931 was introduced on February 28, 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. Congressman Peter DeFazio (D-OR) offered an amendment
designated .030 to the bill; the amendment was adopted by
unanimous consent. No further amendments were offered and the
bill, as amended, 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. 931--A bill to provide for the addition of certain real property
to the reservation of the Siletz Tribe in the state of Oregon
H.R. 931 would modify how the Secretary of the Interior
evaluates land to be taken into trust for the Confederated
Tribes of Siletz Indians of Oregon. Under current law, the
Department of the Interior has two separate processes for
evaluating potential trust land depending on whether the land
is located within or outside of the recognized boundaries of
the reservation. If the land is located outside of the
recognized boundaries, the process requires greater scrutiny.
The bill would require the Secretary to consider certain
property that is considered ``off-reservation'' under current
law as ``on-reservation.'' Under the legislation, all property
taken into trust would be considered part of the reservation.
Based on information provided by the Department of the
Interior, CBO estimates that implementing H.R. 931 would have
no significant impact on the federal budget because the cost of
processing trust land applications and the cost of
administering the tribes' trust lands would not change
significantly. Enacting H.R. 931 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
H.R. 931 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
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. 931 would have no significant
impact on the federal budget because the cost of processing
trust land applications and the cost of administering the
tribes' trust lands would not change significantly.
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 provide for the addition of
certain real property to the reservation of the Siletz Tribe in
the State of Oregon.
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 (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SILETZ TRIBE INDIAN RESTORATION ACT
* * * * * * *
Sec. 7. (a) Any reservation for the tribe shall be
established by an Act of Congress enacted after the enactment
of this Act.
(b) Inasmuch as the reservation of the tribe has been
terminated, the Secretary shall negotiate with the tribe, or
with representatives of the tribe chosen by the tribe,
concerning the establishment of a reservation for the tribe and
shall, in accordance with subsections (c) and (d) and within
two years after the date of enactment of this Act, develop a
plan for the establishment of a reservation for the tribe. Upon
approval of such plan by the tribal officials elected under the
tribal constitution and bylaws adopted pursuant to section 6,
the Secretary shall submit such plan, in the form of proposed
legislation, to the Congress.
(c) To assure that legitimate State and local interests are
not prejudiced by the creation of a reservation for the tribe,
the Secretary, in developing a plan under subsection (b) for
the establishment of a reservation, shall notify and consult
with all appropriate officials of the State of Oregon, all
appropriate local governmental officials in the State of Oregon
and any other interested parties. Such consultation shall
include the following subjects:
(1) the size and location of the reservation;
(2) the effect the establishment of the reservation
would have on State and local tax revenues;
(3) the criminal and civil jurisdiction of the State
of Oregon with respect to the reservation and persons
on the reservation;
(4) hunting, fishing, and trapping rights of the
tribe and members of the tribe, on the reservation;
(5) the provision of State and local services to the
reservation and to the tribe and members of the tribe
on the reservation; and
(6) the provision of Federal services to the
reservation and to the tribe and members of the tribe
and the provision of services by the tribe to members
of the tribe.
(d) Any plan developed under this section for the
establishment of a reservation for the tribe shall provide
that--
(1) any real property transferred by the tribe or
members of the tribe to the Secretary shall be taken in
the name of the United States in trust for the benefit
of the tribe and shall be the reservation for the
tribe;
(2) the establishment of such a reservation will not
grant or restore to the tribe or any member of the
tribe any hunting, fishing, or trapping right of any
nature, including any indirect or procedural right or
advantage, on such reservation;
(3) the Secretary shall not accept any real property
in trust for the benefit of the tribe or its members
unless such real property is located within Lincoln
County, State of Oregon;
(4) any real property taken in trust by the Secretary
for the benefit of the tribe or its members shall be
subject to all rights existing at the time such
property is taken in trust, including liens,
outstanding Federal, State, and local taxes, mortgages,
outstanding indebtedness of any kind, easements, and
all other obligations, and shall be subject to
foreclosure and sale in accordance with the laws of the
State of Oregon;
(5) the transfer of an real property to the Secretary
in trust for the benefit of the tribe or its members
shall be exempt from all Federal, State, and local
taxation, and all such real property shall, as of the
date of such transfer, be exempt from Federal, State,
and local taxation; and
(6) the State of Oregon shall have civil and criminal
jurisdiction with respect to the reservation and
persons on the reservation in accordance with section
1360 of title 28, United States Code, and section 1162
of title 18, United States Code.
(e) The Secretary shall append to the plan a detailed
statement describing the manner in which the notification and
consultation prescribed by subsection (c) was carried out and
shall include any written comments with respect to the
establishment of a reservation for the tribe submitted to the
Secretary by State and local officials and other interested
parties in the course of such consultation.
(f) Treatment of Certain Property.--
(1) In general.--
(A) Title.-- The Secretary may accept title
to any additional number of acres of real
property located within the boundaries of the
original 1855 Siletz Coast Reservation
established by Executive Order dated November
9, 1855, comprised of land within the political
boundaries of Benton, Douglas, Lane, Lincoln,
Tillamook, and Yamhill Counties in the State of
Oregon, if that real property is conveyed or
otherwise transferred to the United States by
or on behalf of the tribe.
(B) Trust.-- Land to which title is accepted
by the Secretary under this paragraph shall be
held in trust by the United States for the
benefit of the tribe.
(2) Treatment as part of reservation.-- All real
property that is taken into trust under paragraph (1)
shall--
(A) be considered and evaluated as an on-
reservation acquisition under part 151.10 of
title 25, Code of Federal Regulations (or
successor regulations); and
(B) become part of the reservation of the
tribe.
(3) Prohibition on gaming.-- Any real property taken
into trust under paragraph (1) shall not be eligible,
or used, for any gaming activity carried out under the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
* * * * * * *