[House Report 118-265]
[From the U.S. Government Publishing Office]


118th Congress   }                                       {     Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                       {    118-265

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



 
             GRAND RONDE RESERVATION ACT AMENDMENT OF 2023

                                _______
                                

November 3, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1722]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1722) to amend the Grand Ronde Reservation Act, 
and for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                       Purpose of the Legislation

    The purpose of H.R. 1722 is to amend the Grand Ronde 
Reservation Act, and for other purposes.

                  Background and Need for Legislation

    H.R. 1722 would amend the Grand Ronde Reservation Act to 
reflect that the Grand Ronde tribe's extinguishment of land 
claims against the United States only applies to an 84-acre 
parcel of land, known as the Thompson Strip. The bill would 
also add a gaming prohibition for any future land awarded as 
part of a land claims settlement and prohibits the use of money 
received as part of a land claim settlement to purchase land 
for gaming purposes pursuant to the Indian Gaming Regulatory 
Act.\1\
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    \1\25 U.S.C. 2701 et seq.
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    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.\2\ In 1857, 
President James Buchanan established the Grand Ronde 
Reservation.\3\ At the time, the reservation was more than 
60,000 acres. Today, the Grand Ronde are treated by the federal 
government as a single tribe for federal purposes such as the 
delivery of services and benefits.
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    \2\``Treaties'' Confederated Tribes of Grand Ronde. https://
www.grandronde.org/history-culture/history/treaties/.
    \3\Executive Order Issued by James Buchanan (June 30, 1857).
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    In 1988, Congress enacted the Grand Ronde Reservation 
Act.\4\ 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, Oregon.\5\ 
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.\6\
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    \4\Pub. L. No. 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.
    \5\``Confederated tribes of the Grand Ronde'', Tiller's Guide to 
Indian Country, Edited and Compiled by Veronica E. Velarde Tiller 
(2015).
    \6\Id.
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    On October 31, 1988, the Bureau of Land Management (BLM) 
discovered that several surveying errors had been made along 
the southeast boundary of the Tribe's reservation. On the 
realization of the error, the BLM contacted the tribe to 
correct the situation. In 1994, the tribe and BLM agreed to a 
land transfer, which Congress included as part of a larger 
Indian technical corrections bill.\7\
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    \7\P.L. 103-435; 25 U.S.C. 713f note, subsection d.
---------------------------------------------------------------------------
    While the tribe received compensatory lands under this law, 
it was determined that the ``extinguishment of claims'' phrase 
used in the bill included all, and potential future, land 
claims within the entire State of Oregon. The tribe contends 
that this was done in error and not intended to bar it from 
other potential land claims. H.R. 1722 would amend current law 
to reflect that the tribe is only barred from bringing a future 
land claim on the 84-acre Thompson Strip parcel.

                            Committee Action

    H.R. 1722 was introduced on March 22, 2023, by Rep. Andrea 
Salinas (D-OR). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Indian and Insular Affairs. On June 7, 2023, the 
Subcommittee on Indian and Insular Affairs held a hearing on 
the bill. On July 26, 2023, the Committee on Natural Resources 
met to consider the bill. The Subcommittee on Indian and 
Insular Affairs was discharged from further consideration of 
H.R. 1722 by unanimous consent. The bill was then ordered 
favorably reported to the House of Representatives by a roll 
call vote of 32 yeas to 0 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Indian and Insular Affairs held 
on June 7, 2023.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the Act as the 
``Grand Ronde Reservation Act Amendment of 2023.''

Section 2. Grand Ronde Reservation Act amendment

    Section 2 amends the Grand Ronde Reservation Act\8\ by 
striking ``lands within the state of Oregon'' and inserting 
``the 84 acres known as the Thompson Strip'' and includes a 
gaming prohibition on lands received as part of any future land 
claim settlement and prohibits the use of money received as 
part of a land claim settlement to purchase land for gaming 
purposes.
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    \8\See supra note 4.
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Section 3. Treaty rights of federally recognized tribes

    Section 3 provides that the Act shall not be construed to 
modify any treaty right of any Indian tribe.

            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 and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 1722 would revise the tribal land claims of the 
Confederated Tribes of the Grand Ronde Community in Oregon that 
were extinguished by the Grand Ronde Reservation Act. That act 
authorized the Department of the Interior (DOI) to provide 240 
acres of land to the tribes. In exchange, the tribes 
relinquished their right to pursue claims to all other land 
within the state. H.R. 1722 would lower the amount of 
relinquished land to a specific 84-acre parcel, which would 
allow the tribes to acquire additional land in Oregon to which 
they have a valid claim.
    Using information from DOI, CBO estimates that the agency 
would incur insignificant administrative costs to update 
documents related to the affected land. Any spending would be 
subject to the availability of appropriated funds.
    H.R. 1722 would impose an intergovernmental mandate--as 
defined in the Unfunded Mandates Reform Act (UMRA)--on the 
confederated tribes by prohibiting gaming on tribal land in 
Oregon. That prohibition would apply to land obtained by the 
tribe in a land claim settlement or purchased with funds from a 
settlement. Because gaming on such land is currently allowed 
under federal law, the proposed ban would be a mandate. 
However, because gaming does not occur now on the tribal land 
and the tribes have no plans to begin gaming activities on 
those lands, the cost of the mandate would be small and below 
the threshold established in UMRA ($99 million in 2023, 
adjusted annually for inflation).
    The bill contains no private-sector mandates as defined in 
UMRA.
    The CBO staff contacts for this estimate are Julia Aman 
(for federal costs) and Rachel Austin (for mandates). The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    2. 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, and for other purposes.

                           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.

                 Unfunded Mandates Reform Act Statement

    According to the Congressional Budget Office (CBO), H.R. 
1722 would impose an intergovernmental mandate, as defined in 
the Unfunded Mandates Reform Act (UMRA), on the confederated 
tribes by prohibiting gaming on tribal land in Oregon. The cost 
of the mandate, according to CBO, would be small and below the 
established threshold ($99 million in 2023, adjusted annually 
for inflation). The bill contains no private-sector mandates as 
defined in UMRA.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    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.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                Preemption of State, Local or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         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 italics, and existing law in which no 
change is proposed is shown in roman):

                           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 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'').
          (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)(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
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\,             320.07
                                E\1/2\ NW\1/4\
5                 8   1        SE\1/4\                             160
5                 8   3        All                              635.60
5                 8   7        All                              661.75
5                 8   8        All                                 640
5                 8   9        All                                 640
5                 8   10       All                                 640
5                 8   11       All                                 640
 



 
 South      West      Section        Subdivision             Acres
 
5                 8   12       All                                 640
5                 8   13       All                                 640
5                 8   14       All                                 640
5                 8   15       All                                 640
5                 8   16       All                                 640
5                 8   17       All                                 640
6                 8   1        SW\1/4\ SW\1/4\, W\1/2\           53.78
                                SE\1/4\ SW\1/4\
6                 8   1        S\1/2\ E\1/2\ SE\1/4\             10.03
                                SW\1/4\
6                 7   7, 8,    Former tax lot 800,                5.55
                       17, 18   located within the
                                SE\1/4\ SE\1/4\ of
                                sec. 7; SW\1/4\ SW\1/
                                4\ of sec. 8; NW\1/4\
                                NW\1/4\ of sec. 17;
                                and NE\1/4\ NE\1/4\ of
                                sec. 18
4                 7   30       Lots 3,4, SW\1/4\ NE\1/          241.06
                                4\, 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\,           21.70
                                SE\1/4\ 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\              5.31
                                NW\1/4\
6                 7   7        E\1/2\ E\1/2\                     57.60
6                 7   8        SW\1/4\ SW\1/4\ NW\1/             22.46
                                4\, W\1/2\ SW\1/4\
6                 7   17       NW\1/4\ NW\1/4\, N\1/2\           10.84
                                SW\1/4\ NW\1/4\
6                 7   18       E\1/2\ NE\1/4\                    43.42
 



 
 South      West      Section        Subdivision             Acres
 
6                 8   1         W1/2 SE1/4 SE1/4                  20.6
6                 8   1        N1/2 SW1/4 SE1/4                  19.99
6                 8   1        SE1/4 NE1/4                        9.99
6                 8   1        NE1/4 SW1/4                       10.46
6                 8   1        NE1/4 SW1/4, NW1/4 SW1/           12.99
                                4
6                 7   6        SW1/4 NW1/4                       37.39
6                 7   5        SE1/4 SW1/4                       24.87
6                 7   5, 8     SW1/4 SE1/4 of sec. 5;            109.9
                                and NE1/4 NE1/4, NW1/4
                                NE1/4, NE1/4 NW1/4 of
                                sec. 8
6                 8   1         NW1/4 SE1/4                      31.32
6                 8   1         NE1/4 SW1/4                       8.89
6                 8   1        SW1/4 NE1/4, NW1/4 NE1/            78.4
                                4
6                 7   8, 17    SW1/4 SW1/4 of sec. 8;            14.33
                                and NE1/4 NW1/4, NW1/4
                                NW1/4 of sec. 17
6                 7   17       NW1/4 NW1/4                        6.68
6                 8   12       SW1/4 NE1/4                        8.19
6                 8   1        SE1/4 SW1/4                         2.0
6                 8   1        SW1/4 SW1/4                        5.05
6                 8   12       SE1/4, SW1/4                      54.64
6                 7   17, 18   SW1/4, NW1/4 of sec.             136.83
                                17; and SE1/4, NE1/4
                                of sec. 18
6                 8   1        SW1/4 SE1/4                       20.08
6                 7   5        NE1/4 SE1/4, SE1/4 SE1/           97.38
                                4, E1/2 SE1/4 SW1/4
4                 7   31       SE1/4                            159.60
 



 
 South      West      Section        Subdivision             Acres
 
6                 7   17       NW1/4 NW1/4                        3.14
6                 8   12       NW1/4 SE1/4                        1.10
6                 7   8        SW1/4 SW1/4                        0.92
6                 8   12       NE1/4 NW1/4                        1.99
6              7, 8   7, 12    NW1/4 NW1/4 of sec. 7;            86.48
                                and S\1/2\ NE\1/4\ E\1/
                                2\ NE\1/4\ NE\1/4\ of
                                sec. 12
6                 8   12       NE1/4 NW1/4                        1.56
6               7,8   6,1      W1/2 SW1/4 SW1/4 of               35.82
                                sec. 6; and E\1/2\
                                SE\1/4\ SE\1/4\ of
                                sec. 1
6                 7   5        E1/2 NW1/4 SE1/4                  19.88
6                 8   12       NW1/4 NE1/4                        0.29
6                 8   1        SE1/4 SW1/4                         2.5
6                 7   8        NE1/4 NW1/4                        7.16
6                 8   1        SE1/4 SW1/4                         5.5
6                 8   1        SE1/4 NW1/4                        1.34
 



                                                                   Total........................       11,349
 

  (d) Claims Extinguished; Liability.--
          (1) Claims extinguished.--All claims to [lands within 
        the State of Oregon] the 84 acres known as the Thompson 
        Strip 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) Gaming prohibition.--Any real property obtained 
        by the Tribes as part of a land claim settlement 
        approved by the United States, including any real 
        property purchased with funds granted as part of any 
        land claim settlement, shall not be eligible, or used, 
        for any class II gaming or class III gaming under the 
        Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 
        (as those terms are defined in section 4 of that Act 
        (25 U.S.C. 2703)).
          [(2)] (3) 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.

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