59–010 

Calendar No. 109 

110TH CONGRESS REPORT " ! 1st Session SENATE 110–44 

A BILL TO WAIVE APPLICATION OF THE INDIAN SELF-DETERMINATION 

AND EDUCATION ASSISTANCE ACT TO A SPECIFIC PARCEL OF REAL 

PROPERTY TRANSFERRED BY THE UNITED STATES TO 2 TRIBES IN THE 

STATE OF OREGON, AND FOR OTHER PURPOSES 

APRIL 10, 2007.—Ordered to be printed 

Mr. DORGAN, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 375] 

The Committee on Indian Affairs, to which was referred the bill, 

S. 375, a bill to waive application of the Indian Self-Determination 

and Education Assistance Act to a specific parcel of real property 

transferred by the United States to 2 Indian tribes in the State of 

Oregon, and for other purposes, having considered the same, reports favorably thereon and recommends that the bill do pass. 

PURPOSE

S. 375 would waive application of the Indian Self-Determination 

and Education Assistance Act to the transfer of a specific parcel of 

real property by the United States to the Confederated Tribes of 

Siletz Indians of Oregon and the Confederated Tribes of the Grand 

Ronde Community of Oregon; direct the Secretary of the Interior 

to issue a new deed that will not include any reversionary interest 

or restriction on the right to alienate the property; and prohibit 

gaming on the property. 

BACKGROUND

The parcel of real property at issue in S. 375 was historically 

used by the United States as part of the Chemawa Indian School 

campus in Keizer, Oregon. The parcel of real property was included 

in land transfers by the United States in 1973 and 1974 to the 

State of Oregon for use for highway and associated road projects. 

These road projects were completed, and in 1988 the Oregon Department of Transportation deeded the remaining acreage back to 

the United States. The United States, no longer having a use for 

the property, determined it would be most appropriate to transfer 


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the property to the Confederated Tribes of Siletz Indians of Oregon 

and the Confederated Tribes of the Grand Ronde Community of Oregon for economic development and other purposes under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 

450 et seq.). 

In 2002, the United States transferred approximately 19.86 acres 

of land formerly used for the Chemawa Indian School to the Confederated Tribes of Siletz Indians of Oregon and the Confederated 

Tribes of the Grand Ronde Community of Oregon. The land transfer to the tribes was executed via quitclaim deed and under the authority of the Indian Self-Determination and Education Assistance 

Act, which required the United States to include a reversionary 

clause in the deed whereby title to the parcel would revert back to 

the United States in certain circumstances. The deed was dated 

June 18, 2002, and recorded in the public records of Marion County, Oregon, on June 19, 2002. 

As indicated in a letter dated July 7, 2006, from the Acting 

Northwest Regional Director of the Bureau of Indian Affairs to the 

Honorable Delores Pigsley, Chairman of the Confederated Tribes of 

the Siletz Reservation, the United States intended for the tribes to 

freely and fully develop the property. The reversionary clause in 

the deed, however, has created financing difficulties for the tribes 

and prevented full development of the parcel of land. S. 375 is intended to eliminate the reversionary interest of the United States 

in the parcel so that the tribes may fully utilize the land for nongaming economic development purposes. 

The United States does not desire the return of the parcel of land 

and does not intend under any circumstances to take action to seek 

return of the property. In reliance on this intent, the tribes have 

committed over $2.5 million to infrastructure improvements to the 

parcel, and have approved plans to further develop the property for 

economic purposes, the realization of which is dependent on the 

ability of the tribes to secure conventional financing. The parcel of 

land is an integral component of a major commercial development 

advocated by the City of Keizer in Oregon, where the property is 

located. The tribal property development master plan includes development of a gas station, restaurants, retail space and flex office 

space. 

By waiving the application of the Indian Self-Determination and 

Education Assistance Act to the transfer of the property, S. 375 

will clear title to the parcel of land and allow the tribes to obtain 

conventional financing from commercial lending institutions and 

realize the full commercial potential of the property. S. 375 contains an express prohibition on using the property for gaming purposes. The waiving of the application of the Indian Self-Determination and Education Assistance Act applies only to the transfer of 

the property and is not intended to impede or prevent the two 

tribes from utilizing the property for any purposes under that Act. 

LEGISLATIVE HISTORY

S. 375 was introduced on January 24, 2007, by Senator Gordon 

Smith and Senator Ron Wyden, and was referred to the Committee 

on Indian Affairs. On February 8, 2007, S. 375 was unanimously 

passed out of the Committee and ordered to be reported without 

amendment. 


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COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

On February 8, 2007, the Committee, in an open business session, considered S. 375. By a unanimous voice vote, the Committee 

ordered the bill to be reported favorably to the full Senate with the 

recommendation that the bill do pass. 

SECTION BY SECTION ANALYSIS OF S. 375

Section 1. Findings 

Section 1 provides findings supporting the intent of the bill, including that the parcel of land described in the quitclaim deed is 

approximately 19.86 acres of land originally used as part of the 

Chemawa Indian School; that the United States does not desire the 

return of the parcel and does not intend under any circumstances 

to take action to seek return of the parcel; and that in reliance on 

this intent, the tribes have committed over $2.5 million to infrastructure improvements to the parcel, and have approved plans to 

further develop the parcel for economic purposes, the realization of 

which is dependent on the ability of the tribes to secure conventional financing. 

Section 2. Waiver of application of Indian Self-Determination and 

Education Assistance Act to the transfer of property 

Section 2(a) states that the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) shall not apply to the 

transfer of real property deeded by the United States to the Confederated Tribes of Siletz Indians of Oregon and the Confederated 

Tribes of the Grand Ronde Community of Oregon by quitclaim deed 

dated June 18, 2002. 

Section 2 (b) directs the Secretary of the Interior to issue a new 

deed that does not include any restriction on the right to alienate 

the parcel or any reference to any provision of the Indian Self-Determination and Education Assistance Act. 

Section 2(c) prohibits conducting Class II gaming and Class III 

gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 

et seq.) on the property. 

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office cost estimate for S. 375 is set 

forth below: 

FEBRUARY 20, 2007. 

Hon. BYRON L. DORGAN, 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. 375, a bill to waive application of the Indian Self-Determination and Education Assistance Act 

to a specific parcel of real property transferred by the United 

States to two Indian tribes in the state of Oregon, and for other 

purposes. 


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If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Daniel S. Hoople. 

Sincerely, 

PETER R. ORSZAG, 

Director. 

Enclosure. 

S. 375—A bill to waive application of the Indian Self-Determination 

and Education Assistance Act to a specific parcel of real property transferred by the United States to two Indian tribes in the 

state of Oregon, and for other purposes 

S. 375 would direct the Secretary of the Interior to issue a new 

deed to the Confederated Tribes of Siletz Indians and the Confederated Tribes of the Grand Ronde Community of Oregon, exempting approximately 20 acres of land currently owned by the tribes 

from provisions of the Indian Self-Determination and Education 

Assistance Act. CBO estimates that enacting S. 375 would have no 

significant impact on the federal budget. 

S. 375 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. Enacting this 

legislation would benefit the two tribes. 

In June 2002, the federal government transferred approximately 

20 acres of land to the Confederated Tribes of Siletz Indians and 

the Confederated Tribes of the Grand Ronde Community of Oregon. 

S. 375 would direct the Secretary to reissue a deed for the land 

that waives provisions of the Indian Self-Determination and Education Assistance Act related to the use of that property. Because 

the land in question is not currently owned or held in trust by the 

United States, CBO estimates that enacting the bill would have no 

significant effect on the federal budget. 

The CBO staff contact for this estimate is Daniel Hoople. This 

estimate was approved by Robert A. Sunshine, Assistant Director 

for Budget Analysis. 

REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires that each report accompanying a bill evaluate the regulatory and paperwork impact that would be incurred in carrying 

out the bill. The Committee has concluded that the regulatory and 

paperwork impacts of S. 375 should be minimal. 

EXECUTIVE COMMUNICATIONS

The Committee has not received official executive communications on S. 375. 

CHANGES IN EXISTING LAW

S. 375 will not make any changes to existing law. 

Æ 


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