59–010 

1 25 U.S.C. § 711e. 

2 Executive Order Issued by Franklin Pierce (November 9, 1855). 

Calendar No. 380 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–219 

PROVIDING FOR THE ADDITION OF CERTAIN REAL PROPERTY TO THE RESERVATION OF THE SILETZ TRIBE IN 

THE STATE OF OREGON 

MARCH 2, 2016.—Ordered to be printed 

Mr. BARRASSO, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 817] 

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

(S. 817) to provide for the addition of certain real property to the 

reservation of the Siletz Tribe in the State of Oregon, having considered the same, reports favorably thereon without amendment 

and recommends that the bill do pass. 

PURPOSE

The purpose of S. 817 is to provide for the addition of certain real 

property to the reservation of the Siletz Tribe in the State of Oregon. The bill would facilitate fee-to-trust applications for the Siletz 

Tribe within the geographic area specified in the bill by amending 

the Siletz Tribe Indian Restoration Act 1 (Act). 

NEED FOR LEGISLATION

The bill, S. 817, eases the process for the Siletz Tribe to apply 

for trust land within the original boundaries of the former 1855 

Siletz Coast Reservation,2 which encompasses parts of Benton, 

Douglas, Lane, Lincoln, Tillamook, and Yamhill counties in the 

State of Oregon. 


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3The tribe did not organize under Indian Reorganization Act (25 U.S.C. 477). 

4 Executive Order. 152 (November 9, 1855). 

5 25 U.S.C. 691 et. seq. 

6Public Law 95–195. 

7Public Law 96–340; 94 Stat. 1072. 

8 25 U.S.C. 2701 et seq. 

BACKGROUND

The Confederated Tribes of Siletz Indians of Oregon 3 is a federally recognized Indian tribe. An approximately 1.1 million-acre reservation was set aside for the Siletz Tribe in an Executive Order 

in 1855.4 However the federal trust relationship of the tribe and its 

members was terminated on August 13, 1954.5 In 1977, Congress 

restored federal recognition to the tribe 6 and on March 2, 1980, a 

reservation was established for the tribe.7

LEGISLATIVE HISTORY

On March 19, 2015, Senators Wyden and Merkley introduced S. 

817. The Committee held a legislative hearing on the bill on October 7, 2015. On November 18, 2015, the Committee held a business 

meeting at which the bill passed by voice vote, and the Committee 

reported the bill favorably without amendment. 

An identical companion bill, H.R. 3211, was introduced by Representative Schrader on July 23, 2015 and was referred to the 

House Natural Resources Subcommittee on Indian, Insular and 

Alaska Native Affairs. No further action has been taken to date. 

SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Sec. 1. Purpose; clarification 

Section 1(a) states the purpose of the bill is to facilitate fee-totrust applications for the Siletz tribe within the specified area described in the amendments made by Section 2. 

Section 1(b) clarifies that neither the bill nor any amendment 

made by the bill to the Act will prioritize the claims of a federally 

recognized Indian tribe over any other federally recognized Indian 

tribe. 

Sec. 2. Treatment of certain property of the Siletz Tribe of the state 

of Oregon 

Under the bill, the Secretary of the Interior will evaluate requests by the Siletz Tribe to take land into trust within the original boundaries of the 1855 Siletz Coast Reservation, as established 

by Executive Order dated November 9, 1855, which is located in 

Benton, Douglas, Lane, Lincoln, Tillamook, and Yamhill counties in 

the State of Oregon, as on-reservation trust acquisitions under 25 

C.F.R. § 151.10. If the land is placed into trust for the tribe, this 

section would require such land to become part of the tribe’s reservation. This section also prohibits gaming as defined under the 

Indian Gaming Regulatory Act 8 on land acquired into trust under 

this bill. 

COST AND BUDGETARY CONSIDERATIONS

The following cost estimate, as provided by the Congressional 

Budget Office, dated December 22, 2015, was prepared for S. 817: 


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DECEMBER 22, 2015. 

Hon. JOHN BARRASSO, 

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. 817, a bill to provide for the 

addition of certain real property to the reservation of the Siletz 

Tribe in the State of Oregon. 

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

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 817—A bill to provide for the addition of certain real property 

to the reservation of the Siletz Tribe in the State of Oregon 

S. 817 would modify how the Secretary of the Interior evaluates 

land to be taken into trust for the Confederated Tribes of Siletz Indians of Oregon. Under current law, the Department of the Interior 

(DOI) has two separate processes for evaluating potential trust 

land depending on whether the land is located within or outside of 

the recognized boundaries of the reservation. If the land is located 

outside of the recognized boundaries, the process requires greater 

scrutiny. The bill would require the Secretary to consider certain 

property that is considered ‘‘off-reservation’’ under current law as 

‘‘on-reservation.’’ Under the legislation, all property taken into 

trust would be considered part of the reservation. 

Based on information from DOI, CBO estimates that implementing S. 817 would have no significant effect on the federal 

budget. We estimate that any change in the department’s administrative costs under the bill, which would be subject to appropriation, would not exceed $500,000 in any year. 

Enacting S. 817 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting S. 817 would not increase net direct spending or onbudget deficits in any of the four consecutive 10-year periods beginning in 2026. 

S. 817 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Megan Carroll. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the Executive Branch regarding S. 817. 

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. 817 will have a minimal impact on regulatory or paperwork requirements. 


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CHANGES IN EXISTING LAW (CORDON RULE) 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, changes to existing law made by S. 817, as ordered reported, are shown as follows (new matter is printed in 

italic): 

SILETZ TRIBE INDIAN RESTORATION ACT 

* * * * * * * 

(a) ESTABLISHMENT.—Any reservation for the tribe shall be established by an Act of Congress enacted after the enactment of this 

Act [enacted Nov. 18, 1977]. 

(b) PLAN; NEGOTIATION WITH TRIBE; APPROVAL BY TRIBAL OFFICIALS; SUBMITTAL TO CONGRESS.—Inasmuch as the reservation of 

the tribe has been terminated, the Secretary shall negotiate with 

the tribe, or with representatives of the tribe chosen by the tribe, 

concerning the establishment of a reservation for the tribe and 

shall, in accordance with subsections (c) and (d) and within two 

years after the date of enactment of this Act [enacted Nov. 18, 

1977], develop a plan for the establishment of a reservation for the 

tribe. Upon approval of such plan by the tribal officials elected 

under the tribal constitution and bylaws adopted pursuant to section 6 [25 USCS § 711d], the Secretary shall submit such plan, in 

the form of proposed legislation, to the Congress. 

(c) NOTIFICATION AND CONSULTATION.—To assure that legitimate 

State and local interests are not prejudiced by the creation of a reservation for the tribe, the Secretary, in developing a plan under 

subsection (b) for the establishment of a reservation, shall notify 

and consult with all appropriate officials of the State of Oregon, all 

appropriate local governmental officials in the State of Oregon and 

any other interested parties. Such consultation shall include the 

following subjects: 

(1) the size and location of the reservation; 

(2) the effect the establishment of the reservation would 

have on State and local tax revenues; 

(3) the criminal and civil jurisdiction of the State of Oregon 

with respect to the reservation and persons on the reservation; 

(4) hunting, fishing, and trapping rights of the tribe and 

members of the tribe, on the reservation; 

(5) the provision of State and local services to the reservation 

and to the tribe and members of the tribe on the reservation; 

and 

(6) the provision of Federal services to the reservation and 

to the tribe and members of the tribe and the provision of services by the tribe to members of the tribe. 

(d) PROVISIONS OF PLAN.—Any plan developed under this section 

for the establishment of a reservation for the tribe shall provide 

that— 

(1) any real property transferred by the tribe or members of 

the tribe to the Secretary shall be taken in the name of the 

United States in trust for the benefit of the tribe and shall be 

the reservation for the tribe; 


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(2) the establishment of such a reservation will not grant or 

restore to the tribe or any member of the tribe any hunting, 

fishing, or trapping right of any nature, including any indirect 

or procedural right or advantage, on such reservation; 

(3) the Secretary shall not accept any real property in trust 

for the benefit of the tribe or its members unless such real 

property is located within Lincoln County, State of Oregon; 

(4) any real property taken in trust by the Secretary for the 

benefit of the tribe or its members shall be subject to all rights 

existing at the time such property is taken in trust, including 

liens, outstanding Federal, State, and local taxes, mortgages, 

outstanding indebtedness of any kind, easements, and all other 

obligations, and shall be subject to foreclosure and sale in accordance with the laws of the State of Oregon; 

(5) the transfer of any real property to the Secretary in trust 

for the benefit of the tribe or its members shall be exempt from 

all Federal, State, and local taxation, and all such real property shall, as of the date of such transfer, be exempt from Federal, State, and local taxation; and 

(6) the State of Oregon shall have civil and criminal jurisdiction with respect to the reservation and persons on the reservation in accordance with section 1360 of title 28, United 

States Code, and section 1162 of title 18, United States Code. 

(e) STATEMENT.—The Secretary shall append to the plan a detailed statement describing the manner in which the notification 

and consultation prescribed by subsection (c) was carried out and 

shall include any written comments with respect to the establishment of a reservation for the tribe submitted to the Secretary by 

State and local officials and other interested parties in the course 

of such consultation. 

(f) TREATMENT OF CERTAIN PROPERTY— 

(1) IN GENERAL.— 

(A) TITLE.—The Secretary may accept title to any additional number of acres of real property located within the 

boundaries of the original 1855 Siletz Coast Reservation established by Executive order dated November 9, 1855, comprised of land within the political boundaries of Benton, 

Douglas, Lane, Lincoln, Tillamook, and Yamhill Counties 

in the State of Oregon, if that real property is conveyed or 

otherwise transferred to the United States by or on behalf 

of the tribe. 

(B) TRUST.—Land to which title is accepted by the Secretary under this paragraph shall be held in trust by the 

United States for the benefit of the tribe. 

(2) TREATMENT AS PART OF RESERVATION.—All real property 

that is taken into trust under paragraph (1) shall— 

(A) be considered and evaluated as an on-reservation acquisition under part 151.10 of title 25, Code of Federal 

Regulations (or successor regulations); and 

(B) become part of the reservation of the tribe. 

(3) PROHIBITION ON GAMING.—Any real property taken into 

trust under paragraph (1) shall not be eligible, or used, for any 


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gaming activity carried out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). 

Æ 


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