[Senate Report 114-230]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 403

114th Congress}                                          { Report
                                 SENATE
 2d Session   }                                          { 114-230

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

                                _______
                                

                 March 16, 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. 818]

    The Senate Committee on Indian Affairs, to which was 
referred the bill (S. 818) to amend the Grande Ronde 
Reservation Act to make technical corrections, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.

                                Purpose

    The purpose of S. 818 is to amend the Grand Ronde 
Reservation Act to make technical corrections.

                          Need for Legislation

    This bill, S. 818, would amend an Act to establish a 
reservation for the Confederated Tribes of the Grand Ronde 
Community of Oregon (Pub. L. No. 100-425). The bill, S. 818, 
would authorize the Secretary of the Interior to place in trust 
real property located within the boundaries of the original 
1857 reservation of the Confederated Tribes of the Grand Ronde 
Community of Oregon (Tribe) if the real property is conveyed or 
otherwise transferred to the United States by or on behalf of 
the Tribe. The bill would provide that the Secretary will treat 
all applications to take such land into trust as an on-
reservation trust acquisition. The bill would provide that land 
taken into trust within those boundaries after September 9, 
1988, are to be considered part of the Tribe's reservation.

                               Background

    The Confederated Tribes of the Grand Ronde Community of 
Oregon\1\ is a federally recognized Indian tribe. On June 30, 
1857, a reservation of approximately 60,000 acres, was set 
aside by President James Buchanan in an Executive Order.\2\ 
However, the Federal supervision over the trust and restricted 
property of the Tribe was terminated on August 13, 1954 (25 
U.S.C. 691 et. seq.).
---------------------------------------------------------------------------
    \1\The Tribe had a corporate charter approved on June 18, 1934 
under the Indian Reorganization Act (25 U.S.C. Sec. 477), which was 
ratified on August 22, 1936.
    \2\Executive Order Issued by James Buchanan (June 30, 1857).
---------------------------------------------------------------------------
    On November 22, 1983, federal recognition was restored to 
the Confederated Tribes of the Grand Ronde Community of 
Oregon.\3\ On September 9, 1988, Congress created a reservation 
for the Tribe.\4\
---------------------------------------------------------------------------
    \3\25 U.S.C. Sec. 713b, Public Law 98-165, 97 Stat. 1064. This Act 
is known as the ``Grand Ronde Restoration Act'' which authorized the 
re-establishment of a reservation for the Tribe after November 22, 
1983, subject to a set of conditions. See 25 U.S.C. Sec. 713f, Pub. L. 
No. 98-165, 97 Stat. 1068.
    \4\Public Law 100-425, 102 Stat. 1594., as amended by Pub. L. No. 
100-581, Pub. L. No. 101-301, Pub. L. No. 102-497, Pub. L. No. 103-263, 
Pub. L. No. 103-435, and Pub. L. No. 105-256.
---------------------------------------------------------------------------

                          Legislative History

    On March 19, 2015, Senator Wyden and Senator Merkley 
introduced S. 818. The Committee held a legislative hearing on 
the bill on October 7, 2015, at which the Bureau of Indian 
Affairs Deputy Director Mike Smith testified in support of S. 
818. On November 18, 2015, the Committee held a business 
meeting, at which the bill, as amended, was passed by voice 
vote. The amendment made technical corrections by fixing a 
citation and incorporating the full table of land held in trust 
for the Tribe.
    An identical companion bill, H.R. 3212, was introduced by 
Representative Schrader on July 23, 2015. The bill was referred 
to the House Natural Resources Subcommittee on Indian, Insular 
and Alaska Native Affairs. No further action has been taken on 
this bill to date.

        Section-by-Section Analysis of Bill as Ordered Reported


Section 1--Additional land for Grand Ronde Reservation

    Section 1 authorizes the Secretary of the Interior to place 
into trust real property located within the boundaries of the 
original 1857 reservation of the Confederated Tribes of the 
Grand Ronde Community of Oregon and in Polk and Yamhill 
Counties, if the real property is conveyed or otherwise 
transferred to the United States by, or on behalf of the Tribe.
    The bill would provide that the Secretary will treat all 
applications to take such land into trust as on-reservation 
trust acquisitions. The bill provides for a prohibition on 
class II and class III gaming as defined under the Indian 
Gaming Regulatory Act\5\ on real property taken into trust 
within the boundaries of the original 1857 reservation of the 
Tribe that is within Polk and Yamhill Counties, except for any 
real property within two miles of the gaming facility in 
existence on the date of enactment located on State Highway 18 
in the Grand Ronde community, Oregon.
---------------------------------------------------------------------------
    \5\Section 4 in 25 U.S.C. Sec. 2703, as those terms are defined.
---------------------------------------------------------------------------
    The bill would provide that land taken into trust within 
those boundaries after September 9, 1988, are to be considered 
part of the Tribe's reservation.

                   Cost and Budgetary Considerations

    The following cost estimate, as provided by the 
Congressional Budget Office, dated December 22, 2015, was 
prepared for S. 818:

                                                 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. 818, a bill to amend 
the Grand Ronde Reservation Act to make technical corrections, 
and for other purposes.
    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. 818-- A bill to amend the Grand Ronde Reservation Act to make 
        technical corrections

    S. 818 would authorize the Secretary of the Interior to 
take into trust certain real property located within the 
boundaries of the original reservation of the Confederated 
Tribes of the Grand Ronde Community of Oregon. The bill would 
modify the process that the Secretary uses to evaluate such 
property and specify that any lands taken into trust on behalf 
of that tribe after September 9, 1988, would be considered part 
of its reservation.
    Based on information from the Department of the Interior, 
CBO estimates that implementing S. 818 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. 818 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 818 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2026.
    S. 818 contains no intergovernmental or private-sector 
mandates as defined in 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 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. 818.

               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. 818 will 
have a minimal impact on regulatory or paperwork requirements.

         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. 818, as ordered reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets and new 
matter is printed in italic):

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

           *       *       *       *       *       *       *



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

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. ESTABLISHMENT OF RESERVATION.

    (a) Lands Held in Trust; Reservation.--[Subject to valid 
existing rights, including (but not limited to) all]
          (1) In general.--Subject to valid existing rights, 
        including 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 (referred to in this Act as the 
        `Tribes'). [Such land]
          (2) Treatment.--The land referred to in paragraph (1) 
        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.).
          (3) Additional trust acquisitions.--
                  (A) In general.--The Secretary may accept 
                title in and to any additional real property 
                located within the boundaries of the original 
                1857 reservation of the Tribes (as established 
                by the Executive order dated June 30, 1857, and 
                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 Tribes.
                  (B) Treatment of trust land.--
                          (i) In general.--An application to 
                        take land into trust within the 
                        boundaries of the original 1857 
                        reservation of the Tribes shall be 
                        treated by the Secretary as an on-
                        reservation trust acquisition.
                          (ii) Gaming.--
                                  (I) In general.--Except as 
                                provided in subclause (II), 
                                real property taken into trust 
                                pursuant to this paragraph 
                                shall not be eligible, or used, 
                                for any class II gaming or 
                                class III gaming (as those 
                                terms are defined in section 4 
                                of the Indian Gaming Regulatory 
                                Act (25 U.S.C. 2703)).
                                  (II) Exception.--Subclause 
                                (I) shall not apply to any real 
                                property located within 2 miles 
                                of the gaming facility in 
                                existence on the date of 
                                enactment of this paragraph 
                                located on State Highway 18 in 
                                the Grand Ronde community, 
                                Oregon.
                  (C) Reservation.--All real property taken 
                into trust within the boundaries described in 
                subparagraph (A) at any time after September 9, 
                1988, shall be considered to be a part of the 
                reservation of the Tribes.
    (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 the 
approximately 11,349.92 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\1/2\NW\1/4\                 320.89
                                5       7           6   All                                               634.02
                                5       7           7   All                                               638.99
                                5       7          18   Lots 1 & 2, NE\1/4\, E\1/2\NW\1/4\                320.07
                                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\1/4\SW\1/4\               53.78
                                6       8           1   S\1/2\E\1/2\SE\1/4\SW\1/4\                         10.03
                                6       7   7, 8, 17,   Former tax lot 800, located 18 within               5.55
                                                   18    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\, SE\1/                  241.06
                                                         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\1/4\SW\1/                21.70
                                                         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\1/2\SW\1/4\               22.46
                                6       7          17   NW\1/4\NW\1/4\, N\1/2\SW\1/4\NW\1/4\               10.84
                                6       7          18   E\1/2\NE\1/4\                                      43.42
                                                                                                     [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\1/4\SW\1/4\                     12.99
                                6       7           6   SW\1/4\NW\1/4\                                     37.39
                                6       7           5   SE\1/4\SW\1/4\                                     24.87
                                6       7        5, 8   SW\1/4\SE\1/4\ of Section 5; and NE\1/             109.9
                                                         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\1/4\NE\1/4\                      78.4
                                6       7       8, 17   SW\1/4\SW\1/4\ of Section 8; and NE\1/             14.33
                                                         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\                                   54.64
                                6       7      17, 18   SW\1/4\, NW\1/4\ of Section 17; and               136.83
                                                         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\1/4\SE\1/4\, E\1/               97.38
                                                         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, 8       7, 12   NW\1/4\NW\1/4\ of Section 7; and S\1/              86.48
                                                         2\NE\1/4\, E\1/2\NE\1/4\NE\1/4\ of
                                                         Section 12
                                6       8          12   NE\1/4\NW\1/4\                                      1.56
                                6    7, 8        6, 1   W\1/2\SW\1/4\SW\1/4\ of Section 6;                 35.82
                                                         and E\1/2\SE\1/4\SE\1/4\ of Section
                                                         1
                                6       7           5   E\1/2\NW\1/4\SE\1/4\                               19.88
                                6       8          12   NW\1/4\NE\1/4\                                      0.29
                                6       8           1   SE\1/4\SW\1/4\                                       2.5
                                6       7           8   NE\1/4\NW\1/4\                                      7.16
                                6       8           1   SE\1/4\SW\1/4\                                       5.5
                                6       8           1   SE\1/4\NW\1/4\                                      1.34
                                                                        Total                          11,349.92
 

                                  [all]