`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3687 Reported in Senate (RS)]







                                                       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.

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

SECTION 1. FINDINGS.

    With respect to the parcel of real property in Marion County, 
Oregon, 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, and recorded 
in the public records of Marion County on June 19, 2002, Congress finds 
that--
            (1) the parcel of land described in the quitclaim deed, 
        comprising approximately 19.86 acres of land originally used as 
        part of the Chemawa Indian School, was transferred by the 
        United States in 1973 and 1974 to the State of Oregon for use 
        for highway and associated road projects;
            (2) Interstate Route 5 and the Salem Parkway were 
        completed, and in 1988 the Oregon Department of Transportation 
        deeded the remaining acreage of the parcel back to the United 
        States;
            (3) the United States could no longer use the returned 
        acreage for the administration of Indian affairs, and 
        determined it would be most appropriate to transfer the 
        property to the Confederated Tribes of Siletz Indians of Oregon 
        and the Confederated Tribes of the Grand Ronde Community of 
        Oregon;
            (4) on request of the Confederated Tribes of Siletz Indians 
        of Oregon and the Confederated Tribes of the Grand Ronde 
        Community of Oregon, the United States transferred the parcel 
        jointly to the Tribes for economic development and other 
        purposes under the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450 et seq.);
            (5) the transfer of the parcel was memorialized by the 
        United States in 2 documents, including--
                    (A) an agreement titled ``Agreement for Transfer of 
                Federally Owned Buildings, Improvements, Facilities 
                and/or Land from the United States of America the [sic] 
                Confederated Tribes of the Grand Ronde Community of 
                Oregon and the Confederated Tribes of Siletz Tribe 
                [sic] of Oregon'', dated June 21, 2001; and
                    (B) a quitclaim deed dated June 18, 2002, and 
                recorded in the public records of Marion County, 
                Oregon, on June 19, 2002 (reel 1959, page 84);
            (6) use of the parcel by Tribes for economic development 
        purposes is consistent with the intent and language of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450 et seq.) and other Federal Indian law--
                    (A) to encourage tribal economic development; and
                    (B) to promote economic self-sufficiency for Indian 
                tribes;
            (7) the United States does not desire the return of the 
        parcel and does not intend under any circumstances to take 
        action under the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450 et seq.) or any other legal 
        authority to seek the return of the parcel; and
            (8) in reliance on this intent, the Tribes have committed 
        over $2,500,000 to infrastructure improvements to the parcel, 
        including roads and sewer and water systems, and have approved 
        plans to further develop the parcel for economic purposes, the 
        realization of which is dependent on the ability of the Tribes 
        to secure conventional financing.

SEC. 2. WAIVER OF APPLICATION OF INDIAN SELF-DETERMINATION AND 
              EDUCATION ASSISTANCE ACT.

    (a) Nonapplication of Law.--Notwithstanding any other provision of 
law, the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.) shall not apply to the transfer of the parcel of 
real property in Marion County, Oregon, 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, and recorded in the public records of Marion 
County on June 19, 2002.
    (b) New Deed.--The Secretary of the Interior shall issue a new deed 
to the Tribes to the parcel described in subsection (a) that shall not 
include--
            (1) any restriction on the right to alienate the parcel; or
            (2) any reference to any provision of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450 et 
        seq.).
    (c) Prohibition on Gaming.--Class II gaming and class III gaming 
under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall 
not be conducted on the parcel described in subsection (a).
                                                       Calendar No. 642

109th CONGRESS

  2d Session

                                S. 3687

                          [Report No. 109-349]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 26, 2006

                       Reported without amendment`