109TH CONGRESS

2D SESSION S. 3687

AN ACT

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 ES

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 ES

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 ES

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 Or-
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S 3687 ES

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).

Passed the Senate November 13, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 3687

AN ACT

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