II 

109TH CONGRESS 

2D SESSION S. 3687 

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 

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, 

3 SECTION 1. FINDINGS. 

4 With respect to the parcel of real property in Marion 

5 County, Oregon, deeded by the United States to the Con6 federated Tribes of Siletz Indians of Oregon and the Con7 federated Tribes of the Grand Ronde Community of Or8 egon by quitclaim deed dated June 18, 2002, and recorded 


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

2 Congress finds that— 

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

4 deed, comprising approximately 19.86 acres of land 

5 originally used as part of the Chemawa Indian 

6 School, was transferred by the United States in 

7 1973 and 1974 to the State of Oregon for use for 

8 highway and associated road projects; 

9 (2) Interstate Route 5 and the Salem Parkway 

10 were completed, and in 1988 the Oregon Depart11 ment of Transportation deeded the remaining acre12 age of the parcel back to the United States; 

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

14 returned acreage for the administration of Indian af15 fairs, and determined it would be most appropriate 

16 to transfer the property to the Confederated Tribes 

17 of Siletz Indians of Oregon and the Confederated 

18 Tribes of the Grand Ronde Community of Oregon; 

19 (4) on request of the Confederated Tribes of 

20 Siletz Indians of Oregon and the Confederated 

21 Tribes of the Grand Ronde Community of Oregon, 

22 the United States transferred the parcel jointly to 

23 the Tribes for economic development and other pur24 poses under the Indian Self-Determination and Edu25 cation Assistance Act (25 U.S.C. 450 et seq.); 


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1 (5) the transfer of the parcel was memorialized 

2 by the United States in 2 documents, including— 

3 (A) an agreement titled ‘‘Agreement for 

4 Transfer of Federally Owned Buildings, Im5 provements, Facilities and/or Land from the 

6 United States of America the [sic] Confed7 erated Tribes of the Grand Ronde Community 

8 of Oregon and the Confederated Tribes of Siletz 

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

10 and 

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

12 and recorded in the public records of Marion 

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

14 page 84); 

15 (6) use of the parcel by Tribes for economic de16 velopment purposes is consistent with the intent and 

17 language of the Indian Self-Determination and Edu18 cation Assistance Act (25 U.S.C. 450 et seq.) and 

19 other Federal Indian law— 

20 (A) to encourage tribal economic develop21 ment; and 

22 (B) to promote economic self-sufficiency 

23 for Indian tribes; 

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

25 of the parcel and does not intend under any cirVerDate Aug 31 2005 04:23 Jul 20, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3687.IS S3687

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1 cumstances to take action under the Indian Self-De2 termination and Education Assistance Act (25 

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

4 seek the return of the parcel; and 

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

6 committed over $2,500,000 to infrastructure im7 provements to the parcel, including roads and sewer 

8 and water systems, and have approved plans to fur9 ther develop the parcel for economic purposes, the 

10 realization of which is dependent on the ability of 

11 the Tribes to secure conventional financing. 

12 SEC. 2. WAIVER OF APPLICATION OF INDIAN SELF-DETER13 MINATION AND EDUCATION ASSISTANCE ACT. 

14 (a) NONAPPLICATION OF LAW.—Notwithstanding 

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

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

17 shall not apply to the transfer of the parcel of real prop18 erty in Marion County, Oregon, deeded by the United 

19 States to the Confederated Tribes of Siletz Indians of Or20 egon and the Confederated Tribes of the Grand Ronde 

21 Community of Oregon by quitclaim deed dated June 18, 

22 2002, and recorded in the public records of Marion County 

23 on June 19, 2002. 


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

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

3 subsection (a) that shall not include— 

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

5 parcel; or 

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

7 Self-Determination and Education Assistance Act 

8 (25 U.S.C. 450 et seq.). 

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

10 class III gaming under the Indian Gaming Regulatory Act 

11 (25 U.S.C. 2701 et seq.) shall not be conducted on the 

12 parcel described in subsection (a). 

Æ 


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