II 

112TH CONGRESS 

1ST SESSION S. 908 

To provide for the addition of certain real property to the reservation of 

the Siletz Tribe in the State of Oregon. 

IN THE SENATE OF THE UNITED STATES 

MAY 5, 2011 

Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To provide for the addition of certain real property to the 

reservation of the Siletz Tribe in the State of Oregon. 

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

3 SECTION 1. TREATMENT OF CERTAIN PROPERTY OF THE 

4 SILETZ TRIBE OF THE STATE OF OREGON. 

5 Section 7 of the Siletz Tribe Indian Restoration Act 

6 (25 U.S.C. 711e) is amended by adding at the end the 

7 following: 

8 ‘‘(f) TREATMENT OF CERTAIN PROPERTY.— 

9 ‘‘(1) IN GENERAL.—The Secretary may accept 

10 title to any additional number of acres of real propVerDate Mar 15 2010 02:22 May 06, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S908.IS S908

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1 erty located within the boundaries of the original 

2 1855 Siletz Coast Reservation established by Execu3 tive Order dated November 9, 1855, comprised of 

4 land within the political boundaries of Benton, 

5 Douglas, Lane, Lincoln, Tillamook, and Yamhill 

6 Counties in the State of Oregon, if that real prop7 erty is conveyed or otherwise transferred to the 

8 United States by or on behalf of the tribe. 

9 ‘‘(2) TREATMENT AS PART OF RESERVATION.— 

10 Subject to paragraph (3), all real property that is 

11 taken into trust under paragraph (1) shall— 

12 ‘‘(A) be considered and evaluated as an on13 reservation acquisition under part 151.10 of 

14 title 25, Code of Federal Regulations (or suc15 cessor regulations); and 

16 ‘‘(B) become part of the reservation of the 

17 tribe. 

18 ‘‘(3) APPROVAL OF COUNTY GOVERNMENTS.— 

19 ‘‘(A) DEFINITION OF COUNTY.—In this 

20 paragraph, the term ‘County’ means the fol21 lowing counties in the State of Oregon: 

22 ‘‘(i) Benton County. 

23 ‘‘(ii) Douglas County. 

24 ‘‘(iii) Lane County. 

25 ‘‘(iv) Lincoln County. 


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1 ‘‘(v) Tillamook County. 

2 ‘‘(vi) Yamhill County. 

3 ‘‘(B) NOTIFICATION TO SECRETARY.— 

4 ‘‘(i) OPT-IN.— 

5 ‘‘(I) IN GENERAL.—Subject to 

6 clause (iii), any real property taken 

7 into trust under this subsection shall 

8 be considered and evaluated as an on9 reservation acquisition under part 

10 151.10 of title 25, Code of Federal 

11 Regulations (or successor regulations), 

12 if the Board of County Commissioners 

13 or other appropriate County executive 

14 of the County in which the real prop15 erty is located submits to the Sec16 retary written approval of that consid17 eration and evaluation in the form of 

18 a resolution or other appropriate gov19 erning document. 

20 ‘‘(II) ACTION BY SECRETARY.—If 

21 a Board of County Commissioners or 

22 other appropriate County executive 

23 submits written approval to the Sec24 retary under subclause (I), the Sec25 retary shall consider and evaluate in 


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1 accordance with subclause (I) any real 

2 property taken into trust in that 

3 County under this subsection by not 

4 later than 30 days after the date on 

5 which the Secretary receives the writ6 ten approval. 

7 ‘‘(ii) OTHER ACQUISITIONS.—If a 

8 Board of County Commissioners or other 

9 appropriate County executive does not sub10 mit written approval to the Secretary 

11 under subclause (I), any real property 

12 taken into trust in that County under this 

13 subsection shall be considered and evalu14 ated under the appropriate provisions of 

15 part 151 of title 25, Code of Federal Regu16 lations (or successor regulations), as deter17 mined by the Secretary. 

18 ‘‘(iii) OPT-OUT.— 

19 ‘‘(I) IN GENERAL.—A Board of 

20 County Commissioners or other ap21 propriate County executive that sub22 mits written approval to the Secretary 

23 under clause (i)(I) may revoke that 

24 approval by submitting to the Sec25 retary written documentation of the 


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1 revocation in the form of a resolution 

2 or other appropriate governing docu3 ment for— 

4 ‘‘(aa) any real property 

5 taken into trust in that County 

6 under this subsection; or 

7 ‘‘(bb) a specific transaction 

8 in which real property is taken 

9 into trust in that County under 

10 this subsection. 

11 ‘‘(II) NO RETROACTIVITY.—Any 

12 revocation submitted under subclause 

13 (I) shall apply only to real property 

14 that is taken into trust on or after the 

15 date on which the Secretary receives 

16 the revocation. 

17 ‘‘(III) ACTION BY SECRETARY.— 

18 ‘‘(aa) IN GENERAL.—If a 

19 Board of County Commissioners 

20 or other appropriate County ex21 ecutive submits a revocation to 

22 the Secretary under subclause 

23 (I)(aa), the Secretary shall con24 sider and evaluate any real prop25 erty taken into trust in that 


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1 County under the appropriate 

2 provisions of part 151 of title 25, 

3 Code of Federal Regulations (or 

4 successor regulations), as deter5 mined by the Secretary, by not 

6 later than 30 days after the date 

7 on which the Secretary receives 

8 the revocation. 

9 ‘‘(bb) SPECIFIC TRANS10 ACTIONS.—If a Board of County 

11 Commissioners or other appro12 priate County executive submits 

13 a revocation to the Secretary 

14 under subclause (I)(bb), the Sec15 retary shall consider and evaluate 

16 that specific transaction in which 

17 real property is taken into trust 

18 in that County under this sub19 section under the appropriate 

20 provisions of part 151 of title 25, 

21 Code of Federal Regulations (or 

22 successor regulations), as deter23 mined by the Secretary, begin24 ning on the date on which the 

25 Secretary receives the revocation. 


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1 ‘‘(4) PROHIBITION ON GAMING.—Any real prop2 erty taken into trust under paragraph (1) shall not 

3 be eligible, or used, for any gaming activity carried 

4 out under the Indian Gaming Regulatory Act (25 

5 U.S.C.A. 2701 et seq.).’’. 

Æ 


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