I 

112TH CONGRESS 

2D SESSION H. R. 3878 

To authorize the Secretary of the Interior to hold in trust for the benefit 

of the nine federally recognized Indian tribes in Oregon the Chemawa 

Indian School land and improvements, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2012 

Mr. SCHRADER introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To authorize the Secretary of the Interior to hold in trust 

for the benefit of the nine federally recognized Indian 

tribes in Oregon the Chemawa Indian School land and 

improvements, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Chemawa Indian School Trust Transfer and Self-Deter6 mination Act of 2012’’. 

7 (b) FINDINGS.—Congress finds the following: 


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1 (1) The Chemawa Indian School, originally 

2 opened in Forest Grove, Oregon, in 1880, is the 

3 longest continuously operating off-reservation board4 ing school for Indian children in the United States. 

5 (2) Circa 1885, Chemawa Indian School stu6 dents and staff donated significant resources toward 

7 the purchase of the Salem, Oregon, school property 

8 and expressed a desire that the school lands and 

9 buildings belong to the Indians. 

10 (3) All the land purchased for the Chemawa In11 dian School was deeded directly to the Federal Gov12 ernment, has never been converted to trust status, 

13 and is not considered ‘‘Indian country’’ under title 

14 18, United States Code. 

15 (4) The land that comprises the Chemawa In16 dian School is now managed by the General Services 

17 Administration. 

18 (5) As much as one-third of the Chemawa In19 dian School property has been sold or transferred by 

20 the Federal Government for various purposes, with21 out direct benefit to the Chemawa students and 

22 without input from the Oregon tribes regarding 

23 whether such sales or transfers would affect the mis24 sion of the Chemawa Indian School or whether the 

25 property could be used for other Indian purposes. 


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1 (6) Consistent with principles of tribal self-de2 termination, decisions about the operation and fu3 ture of the Chemawa Indian school, lands, and pur4 poses should be under the control and authority of 

5 the Oregon tribes. 

6 (7) Resolutions supporting the transfer of the 

7 Chemawa Indian School into trust status for the 

8 benefit of the federally recognized Indian tribes in 

9 Oregon have been passed by the Confederated Tribes 

10 of the Warm Springs Reservation of Oregon, the 

11 Confederated Tribes of Siletz Indians of Oregon, the 

12 Confederated Tribes of the Umatilla Indian Reserva13 tion, the Coquille Indian Tribe, the Confederated 

14 Tribes of Coos, the Lower Umpqua and Siuslaw In15 dians, the Klamath Tribes, the Cow Creek Band of 

16 Umpqua Indians, the Burns Paiute Tribe, the 

17 Chemawa Indian School Board, the Affiliated Tribes 

18 of Northwest Indians, and the National Congress of 

19 American Indians. 

20 SEC. 2. CHEMAWA INDIAN SCHOOL AND CHEMAWA CEME21 TERY LAND HELD IN TRUST FOR BENEFIT OF 

22 OREGON TRIBES. 

23 (a) TRANSFER OF ADMINISTRATION AND AUTHOR24 IZATION TO HOLD IN TRUST.— 


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1 (1) TRANSFER OF ADMINISTRATIVE JURISDIC2 TION FROM THE GENERAL SERVICES ADMINISTRA3 TION.—The Administrator of the General Services 

4 Administration shall transfer to the Secretary, with5 out reimbursement, administrative jurisdiction over 

6 the land described in subsection (b). 

7 (2) HOLDING IN TRUST BY SECRETARY.—Upon 

8 completion of the transfer of administrative jurisdic9 tion under paragraph (1) and subject to any existing 

10 encumbrances, rights of way, restrictions, easements 

11 of record, or utility service agreements in effect on 

12 the date of the enactment of this Act with respect 

13 to the land described in subsection (b), the Secretary 

14 shall hold in trust for the benefit of the Oregon 

15 tribes the land described in subsection (b). 

16 (3) LIMITATION.—Nothing in this subsection 

17 shall be construed to prevent the future removal of 

18 the encumbrances referred to in paragraph (2). 

19 (b) LAND DESCRIPTION.— 

20 (1) IN GENERAL.—The land to be held in trust 

21 under subsection (a) is the land and improvements 

22 owned by the United States and occupied by the 

23 Chemawa Indian School in Salem, Oregon, including 

24 the cemeteries on such land, but excluding the ap25 proximately 1.4 acres comprising the former Indian 


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1 Health Service School Clinic that is located within 

2 the following sections: 

3 (A) Section 36 of township 6 south, range 

4 3 west. 

5 (B) Section 31 of township 6 south, range 

6 2 west. 

7 (C) Section 1 of township 7 south, range 

8 3 west. 

9 (D) Section 6 of township 7 south, range 

10 2 west. 

11 (2) SURVEY.— 

12 (A) IN GENERAL.—Not later than 90 days 

13 after the date of the enactment of this Act, the 

14 Secretary shall conduct a survey of the trust 

15 land. 

16 (B) ADJUSTMENT.—Upon completion of 

17 the survey conducted under subparagraph (A), 

18 the Secretary shall provide an opportunity for 

19 public notice and comment on the survey, in20 cluding comments on any survey revision or ad21 justment. After the revisions or adjustments 

22 have been completed, the Secretary shall pro23 vide notice to the Board of Trustees that the 

24 survey has been completed. 


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1 (C) AVAILABILITY OF SURVEY.—The Sec2 retary shall place a copy of the completed sur3 vey on file for public inspection at the appro4 priate office of the Secretary. The survey placed 

5 on file shall thereafter be the official survey and 

6 legal description of the Chemawa Indian School 

7 property and the Chemawa Cemetery property. 

8 (c) CONDITION.— 

9 (1) USE OF LAND.—As a condition of the Sec10 retary holding the trust land in trust, the Oregon 

11 tribes shall agree that such land shall be used— 

12 (A) in the case of land that is Chemawa 

13 Indian School property only for— 

14 (i) Indian educational purposes; 

15 (ii) the direct support of the edu16 cational programs and services carried out 

17 on such land and other activities that sup18 port Indian education carried out on such 

19 land; 

20 (iii) the cultural benefit of the Oregon 

21 tribes; and 

22 (iv) any other purpose authorized by 

23 the Board of Trustees and approved by the 

24 Secretary; and 


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1 (B) in the case of land that is Chemawa 

2 Cemetery property, only for cemetery purposes. 

3 (2) NONCOMPLIANCE.—If the Secretary deter4 mines that the trust land is not being used for the 

5 purposes described in paragraph (1), the Secretary 

6 may initiate any remedial action the Secretary deter7 mines is appropriate, including seeking injunctive re8 lief. 

9 (3) PROHIBITION ON GAMING.—As a condition 

10 of the Secretary holding the trust land in trust, the 

11 Oregon tribes shall agree that such land shall not be 

12 used to conduct gaming activities as a matter of 

13 claimed inherent authority or under the authority of 

14 any Federal law, including the Indian Gaming Regu15 latory Act (25 U.S.C. 2701 et seq.) or under any 

16 regulations thereunder promulgated by the Secretary 

17 or the National Indian Gaming Commission. 

18 SEC. 3. BOARD OF TRUSTEES. 

19 (a) ESTABLISHMENT.—Not later than 180 days after 

20 the date of the enactment of this Act, the Secretary shall 

21 establish a Chemawa Indian School Board of Trustees. 

22 (b) COMPOSITION.—The Board of Trustees shall be 

23 composed of nine trustees and two adjunct trustee advi24 sors appointed as follows: 


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1 (1) Each of the Oregon tribes shall appoint one 

2 trustee. 

3 (2) One adjunct trustee advisor shall be ap4 pointed by the Secretary to jointly represent Indian 

5 tribes from each of the following Bureau of Indian 

6 Affairs Regions: 

7 (A) The Alaska Region. 

8 (B) The Northwest Region. 

9 (C) The Pacific Region. 

10 (D) The Rocky Mountain Region. 

11 (E) The Great Plains Region. 

12 (F) The Midwest Region. 

13 (3) One adjunct trustee advisor shall be ap14 pointed by the Secretary to jointly represent tribes 

15 from the following Bureau of Indian Affairs Re16 gions: 

17 (A) The Western Region. 

18 (B) The Navajo Region. 

19 (C) The Southwest Region. 

20 (D) The Eastern Oklahoma Region. 

21 (E) The Southern Plains Region. 

22 (F) The Eastern Region. 

23 (c) TERMS.— 

24 (1) TRUSTEES.— 


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1 (A) IN GENERAL.—Each trustee shall be 

2 appointed for a term of six years except as pro3 vided in subparagraph (B). 

4 (B) TERMS OF INITIAL APPOINTEES.—As 

5 designated by the Oregon tribes at the time of 

6 appointment, of the trustees first appointed— 

7 (i) one trustee shall be appointed for 

8 a term of two years; 

9 (ii) two trustees shall be appointed for 

10 a term of three years; 

11 (iii) two trustees shall be appointed 

12 for a term of four years; 

13 (iv) two trustees shall be appointed 

14 for a term of five years; and 

15 (v) two trustees shall be appointed for 

16 a term of six years. 

17 (2) ADJUNCT TRUSTEE ADVISORS.— 

18 (A) IN GENERAL.—Each adjunct trustee 

19 advisor shall be appointed for a term of six 

20 years, except as provided in subparagraph (B). 

21 (B) TERMS OF INITIAL APPOINTEES.—As 

22 designated by the Secretary at the time of ap23 pointment, of the adjunct trustee advisors first 

24 appointed— 


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1 (i) one adjunct trustee advisor shall 

2 be appointed for a term of three years; and 

3 (ii) one adjunct trustee advisor shall 

4 be appointed for a term of six years. 

5 (d) QUORUMS AND VOTING.— 

6 (1) QUORUM.—Five trustees shall constitute a 

7 quorum to conduct the business of the Board of 

8 Trustees. 

9 (2) VOTING.— 

10 (A) VOTING RIGHTS.—Each trustee shall 

11 have one vote and an adjunct trustee advisor 

12 may not vote. 

13 (B) SUPER-MAJORITY REQUIRED.—Adop14 tion of any action by the Board of Trustees in15 volving a material change or decision with re16 spect to the use, protection, or development of 

17 any of the trust land, or a material change in 

18 the status of the educational institution oper19 ating on or activities conducted on such land 

20 shall require the affirmative votes of at least 

21 seven trustees voting in the majority. 

22 (e) DUTIES AND RESPONSIBILITIES.— 

23 (1) TRUSTEES.—Subject to any regulations 

24 that may be issued by the Secretary with respect to 

25 the trust land, the Board of Trustees shall— 


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1 (A) establish protocols and procedures for 

2 the organization and operation of the Board of 

3 Trustees; 

4 (B) during such time as the Secretary di5 rectly operates a school on such land, coordi6 nate with the Chemawa School Board regarding 

7 the organization and operation of such School 

8 Board; 

9 (C) serve as the beneficiary of such land 

10 regarding decisions made by the United States 

11 with respect to the management, use, protec12 tion, and development of such land; and 

13 (D) provide guidance and leadership relat14 ing to the long-term welfare of such land and 

15 the Indian educational and cultural functions 

16 conducted on such land. 

17 (2) ADJUNCT TRUSTEE ADVISORS.—Adjunct 

18 trustee advisors shall advise the Board of Trustees 

19 on how the use, operation, protection, or develop20 ment of the trust land affects the Chemawa Indian 

21 School students from the Bureau of Indian Affairs 

22 Regions the adjunct trustee advisors represent. 

23 (f) TERMINATION.—Section 14(a)(2)(B) of the Fed24 eral Advisory Committee Act (5 U.S.C. App.; relating to 


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1 the termination of advisory committees) shall not apply 

2 to the Board of Trustees. 

3 SEC. 4. OPERATION OF CHEMAWA INDIAN SCHOOL. 

4 (a) OPERATION BY THE SECRETARY.—The Secretary 

5 shall directly operate the Chemawa Indian School unless 

6 the Board of Trustees assumes operation of the school as 

7 described in subsection (b). 

8 (b) SELF-DETERMINATION CONTRACT OR SELF-GOV9 ERNANCE COMPACT WITH THE SECRETARY.—The Board 

10 of Trustees may assume operation of the Chemawa Indian 

11 School or use the trust land for any use specified in sec12 tion 2(c) if the Board of Trustees, acting with the ap13 proval of a super-majority of the Board of Trustees as 

14 provided in section 3(d)(2), enters into a self-determina15 tion contract or self-governance compact with the Sec16 retary under the Indian Self-Determination and Edu17 cation Assistance Act (25 U.S.C. 450b et seq.) with re18 spect to such assumption or use. 

19 (c) EDUCATIONAL ACTIVITIES.— 

20 (1) The Board of Trustees may undertake or 

21 authorize any educational activity on the trust land 

22 during the operation of the Chemawa Indian School 

23 by the Secretary if such activity does not interfere 

24 with such operation. 


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1 (2) If the Board of Trustees assumes the oper2 ation of the School under an Indian self-determina3 tion contract or self-governance compact as de4 scribed in subsection (b), the Board of Trustees may 

5 undertake or authorize any educational activity the 

6 Board of Trustees determines is appropriate. 

7 SEC. 5. USE OF THE CHEMAWA INDIAN SCHOOL LAND IF 

8 NOT NEEDED FOR EDUCATION PURPOSES. 

9 (a) IN GENERAL.—If the Secretary determines, after 

10 consultation with the Board of Trustees, that the portion 

11 of the trust land occupied by the Chemawa Indian School 

12 is no longer needed for Indian education purposes, the 

13 Secretary shall certify that the land is not needed for such 

14 purposes. 

15 (b) USE BY TRIBES.—Notwithstanding the condi16 tions on the use of the trust land specified in section 2(c), 

17 if the Secretary makes the certification under subsection 

18 (a), the Board of Trustees shall require that such land 

19 be used for the collective benefit of the Oregon tribes. 

20 SEC. 6. DEFINITIONS. 

21 In this Act: 

22 (1) BOARD OF TRUSTEES.—The term ‘‘Board 

23 of Trustees’’ means the Chemawa Indian School 

24 Board of Trustees established in section 3. 


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1 (2) OREGON TRIBES.—The term ‘‘Oregon 

2 tribes’’ means the following federally recognized In3 dian tribes in Oregon: 

4 (A) Burns Paiute Tribe. 

5 (B) Coquille Indian Tribe. 

6 (C) Confederated Tribes of Coos, Lower 

7 Umpqua, and Siuslaw Indians. 

8 (D) Confederated Tribes of the Grand 

9 Ronde Community of Oregon. 

10 (E) Confederated Tribes of Siletz Indians 

11 of Oregon. 

12 (F) Confederated Tribes of the Warm 

13 Springs Reservation of Oregon. 

14 (G) Confederated Tribes of the Umatilla 

15 Indian Reservation. 

16 (H) Cow Creek Band of Umpqua Tribe of 

17 Indians. 

18 (I) Klamath Tribes. 

19 (3) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (4) TRUST LAND.—The term ‘‘trust land’’ 

22 means the land described in section 2(b)(1). 

Æ 


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