59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–276 

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 

JULY 30, 2007.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany S. 375] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (S. 375) 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, report 

favorably thereon without amendment and recommend that the bill 

do pass. 

PURPOSE OF THE BILL

The purpose of S. 375 is to waive application of the Indian SelfDetermination 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. 

BACKGROUND AND NEED FOR LEGISLATION

The parcel at issue was originally part of the Chemawa Indian 

School campus in Keizer, Oregon. In 1973 and 1974, the United 

States transferred land, including this parcel, to the State of Oregon for highway and associated road projects. In 1988, upon the 

completion of Interstate Route 5 and Salem Parkway, the State 

deeded the remaining acreage of the parcel back to the United 

States. Because the United States had no use for the returned 

acreage for the administration of Indian affairs, the Department of 

the Interior transferred the property to the Tribes for economic development and other purposes. 


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The land transfer was executed via quitclaim deed to the tribes 

pursuant to the ISDEAA, which requires the United States to include a reversionary clause in the deed. This clause states that title 

to the parcel will revert back to the United States if the land is 

not used for economic development purposes. On July 7, 2006, the 

Acting Northwest Regional Director of the Bureau of Indian Affairs 

informed the Confederated Tribes of the Siletz Reservation that the 

United States intended for the tribes to freely and fully develop the 

property. Although the Tribes intend to use the land for economic 

development purposes, the reversionary clause has created financing difficulties. 

The land is an integral component of a major commercial development project in Keizer, Oregon. The property development plan 

includes a gas station, restaurants, retail space and flex office 

space. By waiving the application of the ISDEAA to the transfer of 

the property, S. 375 will clear title to the land and allow the tribes 

to obtain conventional financing from commercial lending institutions and to realize the full commercial potential of the property. 

Additionally, because S. 375 directs the Secretary to issue a new 

quitclaim deed that is exempt from the ISDEAA, there will be no 

reversionary clause. Consequently, the Tribes will be able to fully 

utilize the land for non-gaming economic development purposes. 

The land will remain in fee status and all applicable taxes and regulations will apply. 

Indian Self-Determination and Education Assistance Act (25 U.S.C. 

§ 450 et seq.) 

Enacted in 1975, the ISDEAA authorizes Indian tribes and tribal 

organizations to contract or compact for the operation of federal 

programs within the Department of the Interior and the Indian 

Health Service. It also authorizes the Secretary of the Interior to 

transfer excess property to an Indian tribe in connection with an 

ISDEAA contract, but the property must revert back to the Secretary if the contract is terminated or the property is not used in 

accordance with the ISDEAA (25 U.S.C. 450j(f)). The Secretary 

does not have the authority to waive application of the reversionary 

clause. Here, the Tribes do not wish to terminate the ISDEAA contract and they intend to use the property in a manner consistent 

with the ISDEAA contract. 

Indian Gaming Regulatory Act (25 U.S.C. § 2701 et seq.) 

Generally, the Indian Gaming Regulatory Act (IGRA) prohibits 

gaming on land acquired after October 17, 1988. Even then, the 

land must be placed into trust to qualify as ‘‘Indian lands’’ for purposes of the IGRA. Here, the Tribes do not intend to conduct gaming and the land is held in fee simple, not trust status. Moreover, 

gaming is explicitly prohibited on the lands at issue. 

Legislative history 

In the 109th Congress, Representative Hooley (D–OR) introduced 

H.R. 5394, which was referred to the House Committee on Resources. On May 24, 2006, the Committee requested executive comment but the Department of the Interior did not provide it. This 

Congress, Representatives Hooley, Blumenauer (D–OR), DeFazio 

(D–OR), and Wu (D–OR) introduced H.R. 679 on January 24, 2007. 


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S. 375 was introduced in the Senate on January 24, 2007 by Senators Smith (R–OR) and Wyden (D–OR). It was referred to the 

Committee on Indian Affairs, which unanimously ordered the bill 

to be reported without amendment on February 8, 2007. On May 

22, 2007, the Senate passed S. 375 without amendment by unanimous consent. On May 23, 2007, S. 375 was referred to the House 

Committee on Natural Resources. 

COMMITTEE ACTION

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

Smith (R–OR) and Senator Ron Wyden (D–OR). The bill was referred to the Committee on Natural Resources on May 22, 2007. 

The bill was then forwarded to the full Committee. A hearing was 

held on July 11, 2007, at which the Department of the Interior testified in support of this measure. On July 18, 2007, the full Natural 

Resources Committee met to consider the bill. No amendments 

were offered and the bill was then ordered favorably reported to 

the House of Representatives by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Findings 

Section 1 sets forth findings supporting the intent of the bill, including that the parcel of land in the quitclaim deed is approximately 19.86 acres of land originally part of the Chemawa Indian 

School; that the United States does not desire the return of the 

parcel and does not intend under any circumstance 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. 

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

Education Assistance Act 

Section 2 provides that the Indian Self-Determination and Education Assistance Act does not apply to the transfer of the parcel 

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. The Secretary of the Interior is directed 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 SelfDetermination and Education Assistance Act. Class II and Class III 

Gaming pursuant to the Indian Gaming Regulatory Act (25 U.S.C. 

2701 et seq.) may not be conducted on the property. 

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. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 


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COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

S. 375—An act 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 Siletz and Grand Ronde Indian tribes 

in Oregon. 

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 legislation would 

have no significant effect on the federal budget. 

On February 20, 2007, CBO transmitted a cost estimate for S. 

375, as ordered reported by the Senate Committee on Indian Affairs on February 8, 2007. The two versions of the legislation are 

similar, and our cost estimates are identical. 


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

estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

EARMARK STATEMENT

S. 375 does not contain any congressional earmarks, limited tax 

benefits, or limited tariff benefits as defined in clause 9(d), 9(e) or 

9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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