II 

Calendar No. 642 

109TH CONGRESS 

2D SESSION S. 3687 

[Report No. 109–349] 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 19, 2006 

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

was read twice and referred to the Committee on Indian Affairs 

SEPTEMBER 26, 2006 

Reported by Mr. MCCAIN, without amendment 

A BILL 

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. 

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


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•S 3687 RS

1 SECTION 1. FINDINGS. 

2 With respect to the parcel of real property in Marion 

3 County, Oregon, deeded by the United States to the Con4 federated Tribes of Siletz Indians of Oregon and the Con5 federated Tribes of the Grand Ronde Community of Or6 egon by quitclaim deed dated June 18, 2002, and recorded 

7 in the public records of Marion County on June 19, 2002, 

8 Congress finds that— 

9 (1) the parcel of land described in the quitclaim 

10 deed, comprising approximately 19.86 acres of land 

11 originally used as part of the Chemawa Indian 

12 School, was transferred by the United States in 

13 1973 and 1974 to the State of Oregon for use for 

14 highway and associated road projects; 

15 (2) Interstate Route 5 and the Salem Parkway 

16 were completed, and in 1988 the Oregon Depart17 ment of Transportation deeded the remaining acre18 age of the parcel back to the United States; 

19 (3) the United States could no longer use the 

20 returned acreage for the administration of Indian af21 fairs, and determined it would be most appropriate 

22 to transfer the property to the Confederated Tribes 

23 of Siletz Indians of Oregon and the Confederated 

24 Tribes of the Grand Ronde Community of Oregon; 

25 (4) on request of the Confederated Tribes of 

26 Siletz Indians of Oregon and the Confederated 


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•S 3687 RS

1 Tribes of the Grand Ronde Community of Oregon, 

2 the United States transferred the parcel jointly to 

3 the Tribes for economic development and other pur4 poses under the Indian Self-Determination and Edu5 cation Assistance Act (25 U.S.C. 450 et seq.); 

6 (5) the transfer of the parcel was memorialized 

7 by the United States in 2 documents, including— 

8 (A) an agreement titled ‘‘Agreement for 

9 Transfer of Federally Owned Buildings, Im10 provements, Facilities and/or Land from the 

11 United States of America the [sic] Confed12 erated Tribes of the Grand Ronde Community 

13 of Oregon and the Confederated Tribes of Siletz 

14 Tribe [sic] of Oregon’’, dated June 21, 2001; 

15 and 

16 (B) a quitclaim deed dated June 18, 2002, 

17 and recorded in the public records of Marion 

18 County, Oregon, on June 19, 2002 (reel 1959, 

19 page 84); 

20 (6) use of the parcel by Tribes for economic de21 velopment purposes is consistent with the intent and 

22 language of the Indian Self-Determination and Edu23 cation Assistance Act (25 U.S.C. 450 et seq.) and 

24 other Federal Indian law— 


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•S 3687 RS

1 (A) to encourage tribal economic develop2 ment; and 

3 (B) to promote economic self-sufficiency 

4 for Indian tribes; 

5 (7) the United States does not desire the return 

6 of the parcel and does not intend under any cir7 cumstances to take action under the Indian Self-De8 termination and Education Assistance Act (25 

9 U.S.C. 450 et seq.) or any other legal authority to 

10 seek the return of the parcel; and 

11 (8) in reliance on this intent, the Tribes have 

12 committed over $2,500,000 to infrastructure im13 provements to the parcel, including roads and sewer 

14 and water systems, and have approved plans to fur15 ther develop the parcel for economic purposes, the 

16 realization of which is dependent on the ability of 

17 the Tribes to secure conventional financing. 

18 SEC. 2. WAIVER OF APPLICATION OF INDIAN SELF-DETER19 MINATION AND EDUCATION ASSISTANCE ACT. 

20 (a) NONAPPLICATION OF LAW.—Notwithstanding 

21 any other provision of law, the Indian Self-Determination 

22 and Education Assistance Act (25 U.S.C. 450 et seq.) 

23 shall not apply to the transfer of the parcel of real prop24 erty in Marion County, Oregon, deeded by the United 

25 States to the Confederated Tribes of Siletz Indians of OrVerDate Aug 31 2005 02:15 Sep 27, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3687.RS S3687

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•S 3687 RS

1 egon and the Confederated Tribes of the Grand Ronde 

2 Community of Oregon by quitclaim deed dated June 18, 

3 2002, and recorded in the public records of Marion County 

4 on June 19, 2002. 

5 (b) NEW DEED.—The Secretary of the Interior shall 

6 issue a new deed to the Tribes to the parcel described in 

7 subsection (a) that shall not include— 

8 (1) any restriction on the right to alienate the 

9 parcel; or 

10 (2) any reference to any provision of the Indian 

11 Self-Determination and Education Assistance Act 

12 (25 U.S.C. 450 et seq.). 

13 (c) PROHIBITION ON GAMING.—Class II gaming and 

14 class III gaming under the Indian Gaming Regulatory Act 

15 (25 U.S.C. 2701 et seq.) shall not be conducted on the 

16 parcel described in subsection (a). 


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Calendar No. 642 

109TH CONGRESS 

2D SESSION S. 3687 

[Report No. 109

–349] 

A BILL 

To waive application of the Indian Self-Determinaand for other purposes. States to 2 Indian tribes in the State of Oregon, parcel of real property transferred by the United tion and Education Assistance Act to a specific 

SEPTEMBER 26, 2006 

Reported without amendment 


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