[House Report 114-563]
[From the U.S. Government Publishing Office]


114th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                       {     114-563

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

 
TO PROVIDE FOR THE ADDITION OF CERTAIN REAL PROPERTY TO THE RESERVATION 
               OF THE SILETZ TRIBE IN THE STATE OF OREGON

                                _______
                                

  May 11, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 3211]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3211) 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 without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 3211 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 in 1855 (Executive Order No. 152 
(November 9, 1855)).
    In 1954, federal supervision over the Siletz Indians was 
terminated by an Act of Congress (25 U.S.C. Sec. 691 et seq.). 
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, Siletz Indian 
Tribe Restoration Act). 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 
Indians, consisting of 3,630 acres as well as a parcel known as 
Government Hill that was conveyed by the city of Siletz (Public 
Law 96-340; 94 Stat. 1072). 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 which operate on their tribal lands.
    H.R. 3211 eases the process for the Siletz 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. It is not 
Congress's intent to place gaming prohibitions on lands already 
held in trust for the benefit of the Siletz Tribe within the 
former 1855 Siletz Coast Reservation.

                            Committee Action

    H.R. 3211 was introduced on July 23, 2015, 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, Insular and Alaska Native Affairs. On March 15, 
2016, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent. No 
amendments were offered, and the bill was ordered favorably 
reported to the House of Representatives by unanimous consent 
on March 16, 2016.

            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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 29, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3211, a bill to 
provide for the addition of certain real property to the 
reservation of the Siletz Tribe in the State of Oregon.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 3211--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. 3211 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 (DOT) 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. 
For the purpose of evaluating the land to be taken into trust, 
the bill would require the Secretary to treat ``off-
reservation'' property as if it were ``on-reservation'' 
property. That change would simplify the process of taking such 
property into trust. Under the legislation, all property taken 
into trust would be considered part of the reservation.
    Based on information from DOI, CBO estimates that 
implementing H.R. 3211 would have no significant effect on the 
federal budget. We estimate that any change in the department's 
administrative costs under the bill, which would be subject to 
appropriation, would not exceed $500,000 in any year.
    Enacting H.R. 3211 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 3211 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    H.R. 3211 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On December 22, 2015, CBO transmitted a cost estimate for 
S. 817, similar legislation, as ordered reported by the Senate 
Committee on Indian Affairs on November 18, 2015. H.R. 3211 and 
S. 817 are similar, and the CBO cost estimates are the same.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, 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. The Congressional 
Budget Office estimates that implementing this bill ``would 
have no significant effect 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 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):

          SECTION 7 OF THE SILETZ INDIAN TRIBE 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 Taxation, 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 tllr 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.).

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