[Senate Report 118-113]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 251
                                                       
118th Congress }                                               {    Report
                                 SENATE
 1st Session   }                                               {  118-113

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A BILL TO AMEND THE GRAND RONDE RESERVATION ACT, AND FOR OTHER PURPOSES

                                _______
                                

               November 27, 2023.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 910]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill S. 910, a bill 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

    The purpose of S. 910 is to restore the ability of the 
Confederated Tribes of Grand Ronde to pursue certain land 
claims in the State of Oregon following the termination of that 
right in a 1994 amendment to the Grand Ronde Reservation Act 
(P.L. 100-425).

                               BACKGROUND

    The Grand Ronde Reservation was originally established by 
treaties entered into and ratified between 1853 and 1855, and 
by the Executive Order of June 30, 1857. In 1954, the Tribe's 
federal recognition was terminated by Congress\1\ and later 
restored in 1983 by the Grand Ronde Restoration Act.\2\ The 
Restoration Act reinstated the Tribes' Indian Reorganization 
Act charter, however, a separate act of Congress would be 
needed to reestablish a reservation.
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    \1\A bill to provide for the termination of Federal supervision 
over the property of certain tribes and bands of Indians located in 
western Oregon and the individual members thereof, and for other 
purposes, Pub. L. No. 83-588, 68 Stat. 724 (1954).
    \2\Public Law 98-165, 97 Stat. 1064 (1983).
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    Following the development of a reservation plan, Congress 
passed the Grand Ronde Reservation Act in 1988\3\ for the Tribe 
to establish a 9,811 acre reservation.\4\ Following enactment 
of this law, the U.S. Bureau of Land Management (BLM) detected 
a land survey error dating back to 1871, when Mr. David 
Thompson, U.S. Deputy Surveyor, incorrectly surveyed the 
eastern boundary of the Tribe's original reservation, leaving 
out 84 acres of unsurveyed land known as the ``Thompson 
Strip.'' Prior to discovery of the error, BLM treated the 84 
acres as Oregon & California Railroad Grant Lands and permitted 
the harvesting of timber from the land. Once informed of the 
land survey error, the Tribe found that the land was 
unmanageable due to its narrow boundaries, and that ownership 
interests were divided between several parties. The Tribe 
determined that a land exchange with BLM was the best course of 
compensation for the land survey error. The Tribe and BLM 
entered into a land claim settlement to transfer 240 acres of 
Oregon & California Railroad Grant Lands to the Tribe.\5\ This 
agreement was included in a 1994 amendment to the Grand Ronde 
Reservation Act that was passed in an Indian technical 
corrections bill and signed into law on November 2, 1994.\6\ 
The 1994 amendment relinquished all future land claims by the 
Grand Ronde Tribe in the State of Oregon, not just to the 
``Thompson Strip.''
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    \3\Pub. L. No. 100-425, 102 Stat. 1594 (1988).
    \4\Through subsequent amendments to the 1988 Act, the Tribe's 
reservation grew to 9,879 acres. In 1994, the Tribe's reservation 
further expanded to 10,120 acres through Public Law 103-435.
    \5\Federal Recognition of Indian Tribes: Hearing on H.R. 2549, H.R. 
4462 and H.R. 4709 Before the House Subcommittee on Native American 
Affairs of the House Committee on Natural Resources, 103 Cong. 104 
(1994) (Statement of Mark Mercier).
    \6\Pub. L. No. 103-435 (1994).
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                          NEED FOR LEGISLATION

    S. 910 amends a 1994 amendment to the Grand Ronde 
Reservation Act, which restricted the right of the Grande Ronde 
Tribe to pursue land claims in the State of Oregon. S. 910 
clarifies that the Tribe's land claims are extinguished only 
for the 84-acre ``Thompson Strip'' and not the entire state of 
Oregon.

                          SUMMARY OF THE BILL

    S. 910 amends the Grand Ronde Reservation Act to clarify 
that the Tribe only relinquished land claims within the 84 
acres known as the Thompson Strip, and provides limitations on 
the Tribe's ability to engage in class II or class III gaming.

                          LEGISLATIVE HISTORY

    On March 22, 2023, Senators Merkley (D-OR) and Wyden (D-OR) 
introduced S. 910, A bill to amend the Grand Ronde Reservation 
Act, and for other purposes. On the same day, the Senate 
referred the bill to the Committee on Indian Affairs. S. 910 is 
identical to S. 559 that was favorably reported, without 
amendment, by the Committee in the 117th Congress. On July 19, 
2023, the Committee met at a duly convened business meeting to 
consider S. 910. The Committee ordered S. 910 favorably 
reported without amendment.
    On March 22, 2023, Representatives Salinas (D-OR) Bonamici 
(D-OR), Blumenauer (D-OR), Hoyle (D-OR), and Chavez-DeRemer (D-
OR) introduced identical legislation, H.R. 1722, which was 
referred to the Committee on Natural Resources. Representative 
Bentz (R-OR) later joined as a cosponsor on March 30, 2023. On 
June 7, 2023, the House Committee on Natural Resources 
Subcommittee on Indian and Insular Affairs held a hearing on 
H.R. 1722. On July 26, 2023, the Committee favorably reported 
H.R. 1722 without amendment by a vote of 32-0. On November 3, 
2023, H.R. 1722 was placed on the Union Calendar. On November 
6, 2023, Representative Westerman (D-AR) successfully moved to 
suspend the rules and on November 8, 2023, H.R. 1722 passed the 
House by voice vote.
    117th Congress. On March 3, 2021, Senators Merkley (D-OR) 
and Wyden (D-OR) introduced S. 559, A bill to amend the Grand 
Ronde Reservation Act, and for other purposes. On the same day, 
the Senate referred the bill to the Committee on Indian 
Affairs. S. 559 was identical to its predecessor bill, S. 2716 
as amended, that passed the Senate in the 116th Congress. On 
March 10, 2021, at a duly convened business meeting, the 
Committee considered and ordered S. 559 to be reported 
favorably without amendment. On April 28, 2021, the Committee 
reported S. 559 favorably without an amendment and the bill was 
placed on the Senate Legislative Calendar. On May 26, 2021, the 
Senate passed S. 559 without amendment by voice vote. S. 559 
was received by the House of Representatives and held at the 
desk on May 28, 2021. On February 2, 2022, the bill was 
referred to the House Committee on Natural Resources. On April 
27, 2022, the Subcommittee for Indigenous Peoples of the United 
States held a hearing on S. 559. The House took no further 
action on S. 559 in the 117th Congress.
    On March 12, 2021, Representative Schrader (D-OR) Bonamici 
(D-OR), DeFazio (D-OR), and Blumenauer (D-OR) introduced 
identical legislation, H.R. 1891. On the same day, the bill was 
referred to the House Committee on Natural Resources. On May 
14, 2021, the bill was further referred to the House Committee 
on Natural Resources Subcommittee for Indigenous Peoples of the 
United States. The House took no further action on H.R. 4888 
during the 117th Congress.
    116th Congress. On October 28, 2019, Senators Merkley (D-
OR) and Wyden (D-OR) introduced S. 2716, A bill to amend the 
Grand Ronde Reservation Act, and for other purposes, which was 
referred the bill to the Committee on Indian Affairs. The 
Committee held a hearing on S. 2716 on June 24, 2020. On July 
29, 2020, the Committee met at a duly convened business meeting 
and ordered favorably reported S. 2716, with amendment offered 
by Senator Udall (D-NM) on behalf of Senator Merkley (D-OR). 
Senator Udall's amendment made technical corrections to S. 2716 
to align the bill with its House companion, H.R. 4888, by 
further clarifying that any lands obtained from a land claim 
settlement would not be eligible or used for gaming purposes 
under the Indian Gaming Regulatory Act. On December 15, 2020, 
the Committee favorably reported S. 2716, with amendment. On 
December 20, 2020, the Senate passed S. 2716 with amendment by 
unanimous consent. On December 21, 2020, S. 2716 was received 
by the House of Representatives and held at the desk. The House 
took no further action on S. 2716 prior to the conclusion of 
the 116th Congress.
    On October 28, 2019, Representatives Schrader (D-OR), 
Bonamici (D-OR), DeFazio (D-OR), and Blumenauer (D-OR), 
introduced H.R. 4888, A bill to amend the Grand Ronde 
Reservation Act, and for other purposes, a bill similar to S. 
2716. On the same day, the House referred H.R. 4888 to the 
House Committee on Natural Resources. On November 12, 2019, the 
bill was further referred to the House Committee on Natural 
Resources Subcommittee for Indigenous Peoples of the United 
States. The Subcommittee held a hearing on the H.R. 4888 on 
February 5, 2020. The House took no further action on H.R. 4888 
prior to the conclusion of the 116th Congress.

       SECTION-BY-SECTION ANALYSIS OF S. 910 AS ORDERED REPORTED

Section 1--Grand Ronde Reservation Act amendments

    This section amends section 1(d) of the Grand Ronde 
Reservation Act by striking ``lands within the State of 
Oregon'' and inserting ``the 84 acres known as the Thompson 
Strip''. The section also redesignates paragraphs and inserts a 
paragraph 2 which provides for a prohibition of Class II or 
Class III gaming (as these terms are defined by section 4 of 
the Indian Gaming Regulatory Act) on any lands obtained as part 
of a land claim settlement for the Tribe.

Section 2--Treaty rights of federally recognized tribes

    This section provides that nothing in this Act, or an 
amendment made by this Act, shall be construed to enlarge, 
confirm, adjudicate, affect, or modify any treaty right of an 
Indian tribe (as defined by section 4 of the Indian Self-
Determination and Education Assistance Act).

                   COST AND BUDGETARY CONSIDERATIONS



    S. 910 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. S. 910 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.
    S. 910 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.
    On September 22, 2023, CBO transmitted a cost estimate for 
H.R. 1722, the Grand Ronde Reservation Act Amendment of 2023, 
as ordered reported by the House Committee on Natural Resources 
on July 26, 2023. The two bills are similar, and CBO's 
estimates of their budgetary effects are the same.
    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.

               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. 910 will 
have minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 910.

                        CHANGES IN EXISTING LAW

    On February 9, 2023, the Committee unanimously approved a 
motion to waive subsection 12 of rule XXVI of the Standing 
Rules of the Senate. In the opinion of the Committee, it is 
necessary to dispense with subsection 12 of rule XXVI of the 
Standing Rules of the Senate to expedite the business of the 
Senate.