115 STAT. 974 PUBLIC LAW 107–102—DEC. 27, 2001

Public Law 107–102

107th Congress

An Act

Regarding the use of the trust land and resources of the Confederated Tribes

of the Warm Springs Reservation of Oregon.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES.

The first section of the Act entitled ‘‘An Act to authorize the

leasing of restricted Indian lands for public, religious, educational,

residential, business, and other purposes requiring the grant of

long-term leases’’, approved August 9, 1955 (25 U.S.C. 415(a)),

is amended—

(1) by inserting ‘‘, the reservation of the Confederated

Tribes of the Warm Springs Reservation of Oregon,’’ after

‘‘Spanish Grant’’)’’; and

(2) by inserting ‘‘lands held in trust for the Confederated

Tribes of the Warm Springs Reservation of Oregon’’ before

‘‘, lands held in trust for the Cherokee Nation of Oklahoma’’.

SEC. 2. USE OF CERTAIN TRUST LANDS AND RESOURCES FOR ECONOMIC DEVELOPMENT.

(a) APPROVAL OF AGREEMENT.—The use of tribal lands,

resources, and other assets described in the document entitled

‘‘Long-Term Global Settlement and Compensation Agreement’’,

dated April 12, 2000 (hereafter referred to as the ‘‘GSA’’), entered

into by the Department of the Interior, the Confederated Tribes

of the Warm Springs Reservation of Oregon (in this section referred

to as the ‘‘Tribes’’), and the Portland General Electric Company,

and in the Included Agreements, as attached to the GSA on April

12, 2000, and delivered to the Department of the Interior on that

date, is approved and ratified. The authorization, execution, and

delivery of the GSA is approved. In this section, the GSA and

the Included Agreements are collectively referred to as the ‘‘Agreement’’. Any provision of Federal law which applies to tribal land,

resources, or other assets (including proceeds derived therefrom)

as a consequence of the Tribes’ status as a federally recognized

Indian tribe shall not—

(1) render the Agreement unenforceable or void against

the parties; or

(2) prevent or restrict the Tribes from pledging, encumbering, or using funds or other assets that may be paid to

or received by or on behalf of the Tribes in connection with

the Agreement.

(b) AUTHORITY OF SECRETARY.—

Dec. 27, 2001

[H.R. 483]

PUBLIC LAW 107–102—DEC. 27, 2001 115 STAT. 975

LEGISLATIVE HISTORY—H.R. 483:

HOUSE REPORTS: No. 107–257 (Comm. on Resources).

CONGRESSIONAL RECORD, Vol. 147 (2001):

Oct. 30, considered and passed House.

Dec. 13, considered and passed Senate.

Æ

(1) IN GENERAL.—Congress hereby deems that the Secretary

of the Interior had and has the authority— (A) to approve the Agreement; and

(B) to implement the provisions of the Agreement

under which the Secretary has obligations as a party

thereto.

(2) OTHER AGREEMENTS.—Any agreement approved by the

Secretary prior to or after the date of the enactment of this

Act under the authority used to approve the Agreement shall

not require Congressional approval or ratification to be valid

and binding on the parties thereto.

(c) RULES OF CONSTRUCTION.— (1) SCOPE OF SECTION.—This section shall be construed

as addressing only— (A) the validity and enforceability of the Agreement

with respect to provisions of Federal law referred to in

section 2(a) of this Act; and

(B) approval for provisions of the Agreement and

actions that are necessary to implement provisions of the

Agreement that the parties may be required to obtain

under Federal laws referred to in section 2(a) of this Act.

(2) AUTHORITY.—Nothing in this Act shall be construed

to imply that the Secretary of the Interior did not have the

authority under Federal law as in effect immediately before

the enactment of this Act to approve the use of tribal lands,

resources, or other assets in the manner described in the Agreement or in the implementation thereof.

SEC. 3. EFFECTIVE DATE.

This Act shall take effect as of April 12, 2000.

Approved December 27, 2001.

25 USC 415 note.