[Senate Report 114-219]
[From the U.S. Government Publishing Office]


                                                   Calendar No. 380

114th Congress  }                                     { Report
                                 SENATE
 2d Session     }                                     { 114-219

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

                                _______
                                

                 March 2, 2016.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 817]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 817) 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, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                Purpose

    The purpose of S. 817 is to provide for the addition of 
certain real property to the reservation of the Siletz Tribe in 
the State of Oregon. The bill would facilitate fee-to-trust 
applications for the Siletz Tribe within the geographic area 
specified in the bill by amending the Siletz Tribe Indian 
Restoration Act\1\ (Act).
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    \1\25 U.S.C. Sec. 711e.
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                          Need For Legislation

    The bill, S. 817, eases the process for the Siletz Tribe to 
apply for trust land within the original boundaries of the 
former 1855 Siletz Coast Reservation,\2\ which encompasses 
parts of Benton, Douglas, Lane, Lincoln, Tillamook, and Yamhill 
counties in the State of Oregon.
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    \2\Executive Order Issued by Franklin Pierce (November 9, 1855).
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                               Background

    The Confederated Tribes of Siletz Indians of Oregon\3\ is a 
federally recognized Indian tribe. An approximately 1.1 
million-acre reservation was set aside for the Siletz Tribe in 
an Executive Order in 1855.\4\ However the federal trust 
relationship of the tribe and its members was terminated on 
August 13, 1954.\5\ In 1977, Congress restored federal 
recognition to the tribe\6\ and on March 2, 1980, a reservation 
was established for the tribe.\7\
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    \3\The tribe did not organize under Indian Reorganization Act (25 
U.S.C. 477).
    \4\Executive Order. 152 (November 9, 1855).
    \5\25 U.S.C. 691 et. seq.
    \6\Public Law 95-195.
    \7\Public Law 96-340; 94 Stat. 1072.
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                          Legislative History

    On March 19, 2015, Senators Wyden and Merkley introduced S. 
817. The Committee held a legislative hearing on the bill on 
October 7, 2015. On November 18, 2015, the Committee held a 
business meeting at which the bill passed by voice vote, and 
the Committee reported the bill favorably without amendment.
    An identical companion bill, H.R. 3211, was introduced by 
Representative Schrader on July 23, 2015 and was referred to 
the House Natural Resources Subcommittee on Indian, Insular and 
Alaska Native Affairs. No further action has been taken to 
date.

        Section-by-Section Analysis of Bill as Ordered Reported


Sec. 1. Purpose; clarification

    Section 1(a) states the purpose of the bill is to 
facilitate fee-to-trust applications for the Siletz tribe 
within the specified area described in the amendments made by 
Section 2.
    Section 1(b) clarifies that neither the bill nor any 
amendment made by the bill to the Act will prioritize the 
claims of a federally recognized Indian tribe over any other 
federally recognized Indian tribe.

Sec. 2. Treatment of certain property of the Siletz Tribe of the state 
        of Oregon

    Under the bill, the Secretary of the Interior will evaluate 
requests by the Siletz Tribe to take land into trust within the 
original boundaries of the 1855 Siletz Coast Reservation, as 
established by Executive Order dated November 9, 1855, which is 
located in Benton, Douglas, Lane, Lincoln, Tillamook, and 
Yamhill counties in the State of Oregon, as on-reservation 
trust acquisitions under 25 C.F.R. Sec. 151.10. If the land is 
placed into trust for the tribe, this section would require 
such land to become part of the tribe's reservation. This 
section also prohibits gaming as defined under the Indian 
Gaming Regulatory Act\8\ on land acquired into trust under this 
bill.
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    \8\25 U.S.C. 2701 et seq.
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                   Cost and Budgetary Considerations

    The following cost estimate, as provided by the 
Congressional Budget Office, dated December 22, 2015, was 
prepared for S. 817:

                                                 December 22, 2015.
Hon. John Barrasso,
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. 817, 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.

S. 817--A bill to provide for the addition of certain real property to 
        the reservation of the Siletz Tribe in the State of Oregon

    S. 817 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 (DOI) 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 from DOI, CBO estimates that 
implementing S. 817 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 S. 817 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 817 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2026.
    S. 817 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                        Executive Communications

    The Committee has received no communications from the 
Executive Branch regarding S. 817.

               Regulatory and Paperwork Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 817 will 
have a minimal impact on regulatory or paperwork requirements.

                 Changes in Existing Law (Cordon Rule)


         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, changes to existing law made by 
S. 817, as ordered reported, are shown as follows (new matter 
is printed in italic):

SILETZ TRIBE INDIAN RESTORATION ACT

           *       *       *       *       *       *       *


    (a) Establishment.--Any reservation for the tribe shall be 
established by an Act of Congress enacted after the enactment 
of this Act [enacted Nov. 18, 1977].
    (b) Plan; Negotiation With Tribe; Approval by Tribal 
Officials; Submittal to Congress.--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 
[enacted Nov. 18, 1977], 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 [25 USCS Sec. 711d], the 
Secretary shall submit such plan, in the form of proposed 
legislation, to the Congress.
    (c) Notification and Consultation.--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) Provisions of Plan.--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 any 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) Statement.--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.).

                                  [all]