Grand Ronde Restoration Act
PL 98-165 (H.R.3885), enacted 11/22/1983

97 STAT. 1064 
PUBLIC LAW 98-165—NOV. 22, 1983 
Public Law 98-165 
98th Congress 
An Act 
Nov. 22, 19ad 
-PQ provide for the restoration of Federal recognition to the Confederated Tribes of the 
[H.R. 3885] 
Grand Ronde Community of Oregon, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Grand Ronde 
United States of America in Congress assembled, 
Restoration Act. 
SHORT TITLE 
25 use 713 note. 
SECTION 1. This Act may be cited as the "Grand Ronde Restora-
tion Act". 
DEFINITIONS 
SEC. 2. For the purposes of this Act— 
25 use 713. 
(1) the term "tribe" means the Confederated Tribes of the 
Grand Ronde Community of Oregon considered as one tribe in 
accordance with section 3; 
(2) the term "Secretary" means the Secretary of the Interior 
or his designated representative; 
(3) the term "Interim Council" means the council which is 
established under, and the members of which are elected pursu-
ant to, section 5; 
(4) the term "tribal governing body" means the governing 
body which is established under, and the members of which are 
elected pursuant to, the tribal constitution and bylaws adopted 
in accordance with section 6; and 
(5) the term "member", when used with respect to the tribe, 
means an individual enrolled on the membership roll of the 
tribe in accordance with section 7. 
CONSIDERATION OF THE CONFEDERATED TRIBES OF THE GRAND RONDE 
COMMUNITY AS ONE TRIBE 
25 use 713a. 
SEC. 3. The Confederated Tribes of the Grand Ronde Community 
of Oregon shall be considered as one tribal unit for purposes of 
Federal recognition and eligibility for Federal benefits under section 
4, the establishment of tribal self-government under sections 5 and 
6, the compilation of a tribal membership roll under section 7, and 
the establishment of a tribal reservation under section 8. 
RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES 
25 use 713b. 
SEC. 4. (a) FEDERAL RECOGNITION.—Notwithstanding any provision 
of the Act approved August 13, 1954 (25 U.S.C. 691 et seq.) or any 
other law. Federal recognition is extended to the Confederated 
Tribes of the Grand Ronde Community of Oregon and the corporate 
charter of such tribe issued pursuant to section 17 of the Act 
approved June 18, 1934 (25 U.S.C. 477) and ratified by the tribe on 
August 22, 1936, is reinstated. Except as otherwise provided in this 
Act, all laws and regulations of the United States of general 
PUBLIC LAW 98-165—NOV. 22, 1983 
97 STAT. 1065 
application to Indians or nations, tribes, or bands of Indians which 
are not inconsistent with any specific provision of this Act shall be 
applicable to the tribe. 
(b) RESTORATION OF RIGHTS AND PRIVILEGES.—Except as provided 
in subsection (d), all rights and privileges of the tribe and the 
members of the tribe under any Federal treaty, Executive order, 
agreement, or statute, or under any other Federal authority, which 
may have been diminished or lost under the Act approved August 
13, 1954 (25 U.S.C. 691 et seq.) are restored, and the provisions of 
such Act shall be inapplicable to the tribe and to members of the 
tribe after the date of enactment of this Act. 
(c) FEDERAL SERVICES AND BENEFITS.—Notwithstanding any other 
provision of law, the tribe and its members shall be eligible, on and 
after the date of the enactment of this Act, for all Federal services 
and benefits furnished to federally recognized Indian tribes without 
regard to the existence of a reservation for the tribe. In the case of 
Federal services available to members of federally recognized Indian 
tribes residing on or near a reservation, members of the tribe 
residing in the following counties of the State of Oregon shall be 
deemed to be residing on or near a reservation: 
(1) Washington County. 
(2) Marion County. 
(3) Yamhill County. 
(4) Polk County. 
(5) Tillamook County. 
(6) Multnomah County. 
Any member residing in any such county shall continue to be 
eligible to receive any such Federal service notwithstanding the 
establishment of any reservation for the tribe in accordance with 
any plan prepared pursuant to section 8. 
(d) No HUNTING, FISHING OR TRAPPING RIGHTS RESTORED.—No 
hunting, fishing, or trapping rights of any nature of the tribe or of 
any member, including any indirect or procedural right or advan-
tage over individuals who are not members, are granted or restored 
under this Act. 
(e) EFFECT ON PROPERTY RIGHTS AND OTHER OBLIGATIONS.—Except 
as otherwise specifically provided in this Act, no provision contained 
in this Act shall alter any property right or obligation, any contrac-
tual right or obligation, or any obligation for taxes already levied. 
INTERIM COUNCIL 
SEC. 5. (a) ESTABUSHMENT.—There is established an Interim Coun- 25 USC 7i3c. 
cil of the tribe which shall be composed of nine members. The 
Interim Council shall represent the tribe and its members in the 
implementation of this Act and shall be the governing body of the 
tribe until the tribal governing body established in accordance with 
section 6 first convenes. 
(b) NOMINATION AND ELECTION OF INTERIM COUNCIL MEMBERS.—(1) 
Within forty-five days after the date of the enactment of this Act, 
the Secretary shall announce the date of a general council meeting 
of the tribe to nominate candidates for election to the Interim 
Council. Such general council meeting shall be held within fifteen 
days of such announcement. 
(2) Within forty-five days after such general council meeting, the 
Secretary shall hold an election by secret ballot to elect the mem-
bers of the Interim Council from among the members nominated in 
97 STAT. 1066 
PUBLIC LAW 98-165—NOV. 22, 1983 
Election, 
results. 
Meeting and 
election, 
notification. 
Meeting and 
election, 
notification. 
such general council meeting. Absentee and write-in balloting shall 
be permitted. 
(3) The Secretary shall approve the results of the Interim Council 
election conducted pursuant to this section if he is satisfied that the 
requirements of this section relating to the nomination and the 
election processes have been met. If he is not satisfied, he shall call 
for another general council meeting to be held within sixty days 
after such election to nominate candidates for election to the 
Interim Council and shall hold another election within forty-five 
days of such meeting. 
(4) The Secretary shall take any action necessary to ensure that 
each member described in section 7(d) of this Act is given notice of 
the time, place, and purpose of each meeting and election held 
pursuant to this subsection at least ten days before such general 
meeting or election. 
(c) AUTHORITY AND CAPACITY; TERMINATION.—(1) The Interim 
Council shall have no powers other than those given it under this 
Act. 
(2) With respect to any Federal service or benefit for which the 
tribe or any member is eligible, the Interim Council shall have full 
authority and capacity to receive grants and to enter into contracts. 
(3XA) Except as provided in subparagraph (B), the Interim Council 
and such Council's authority and capacity under this section shall 
cease to exist on the date the tribal governing body first convenes. 
(B) With respect to any contractual right established and any 
obligation entered into by the Interim Council, such Council shall 
have the authority and capacity to bind the tribal governing body, 
as the successor in interest to the Interim Council, for a period of 
not more than six months beginning on the date such tribal govern-
ing body first convenes. 
(d) VACANCY ON INTERIM COUNCIL.—Within thirty days after a 
vacancy occurs on the Interim Council and subject to the approval of 
the Secretary, the Interim Council shall hold a general council 
meeting to nominate a candidate for election to fill such vacancy 
and shall hold such election. The Interim Council shall provide 
notice of the time, place, and purpose of such meeting and election 
to members described in section 7(d) of this Act at least ten days 
before each such general meeting or election. 
TRIBAL CONSTITUTION AND BYLAWS; TRIBAL GOVERNING BODY 
25 use 713d. 
SEC. 6. (a) ADOPTION OF PROPOSED CONSTITUTION AND BYLAWS; 
ELECTION: TIME AND PROCEDURE.—(1) The Interim Council shall be 
responsible for preparing the tribal constitution and bylaws which 
shall provide for, at a minimum, the establishment of a tribal 
governing body and tribal membership qualifications. Such proposed 
constitution and bylaws shall be adopted by the Interim Council no 
later than six months after the date of the enactment of this Act. 
Election. 
(2) Upon the adoption of the proposed tribal constitution and 
bylaws by the Interim Council, the Council shall request the Secre-
tary, in writing, to schedule an election to approve or disapprove the 
adoption of such constitution and bylaws. The Secretary shall con-
duct an election by secret ballot in accordance with section 16 of the 
Act approved June 18,1934 (25 U.S.C. 476). 
(b) NOTICE AND CONSULTATION.—Not less than thirty days before 
any election scheduled pursuant to subsection (a), a copy of the 
proposed tribal constitution and bylaws, as adopted by the Interim 
PUBLIC LAW 98-165—NOV. 22, 1983 
97 STAT. 1067 
Council, along with a brief and impartial description of the proposed 
constitution and bylaws shall be sent to each member eligible to 
participate in such election under section 7(d). The members of the 
Interim Council may freely consult with members of the tribe 
concerning the text and description of the constitution and bylaws, 
except that such consultation may not be carried on within fifty feet 
of the polling places on the date of such election. 
(c) MAJORITY VOTE FOR ADOPTION; PROCEDURE IN EVENT OF FAIL-
URE To ADOPT PROPOSED CONSTITUTION.—(1) In any election held 
pursuant to subsection (a) of this section, a vote of a majority of 
those actually voting shall be necessary and sufficient for the 
approval of the adoption of the tribal constitution and bylaws. 
(2) If in any such election such majority does not approve the 
adoption of the proposed tribal constitution and bylaws, the Interim 
Council shall be responsible for preparing another tribal constitu-
tion and other bylaws in the same manner provided in this section 
for the first proposed constitution and bylaws. Such new proposed 
constitution and bylaws shall be adopted by the Interim Council no 
later than six months after the date of the election in which the first 
proposed constitution and bylaws failed of adoption. An election on 
the question of the adoption of the new proposal of the Interim 
Council shall be conducted in the same manner provided in subsec-
tion (aX2) for the election on the first proposed constitution and 
bylaws. 
(d) ELECTION OF TRIBAL GOVERNING BODY.—Not later than one 
hundred and twenty days after the tribe approves the adoption of 
the tribal constitution and bylaws and subject to the approval of the 
Secretary, the Interim Council shall conduct an election, by secret 
ballot, to elect the tribal governing body established under such 
constitution and bylaws. Notwithstanding any provision of the tribal 
constitution and bylaws, absentee and write-in balloting shall be 
permitted in an election under this subsection. 
MEMBERSHIP ROLLS; VOTING RIGHTS OF MEMBER 
SEC. 7. (a) MEMBERSHIP ROLL ESTABUSHED AND OPENED.—The 25USC7i3e. 
membership roll of the tribe is established and open. 
Ot)) CRITERIA GTOVERNING EUGIBILITY.—(1) Until the first election of 
the tribal governing body is held pursuant to section 6(d), any living 
individual may be enrolled on the membership roll of the tribe if— 
(A) that individual's name was listed on the final membership 
roll of the tribe published on April 6, 1956, in volume 2(), 
number 101, Federal Register, pages 3636 through 3642; 
20 FR 3636-3642. 
(B) that individual was entitled to be on the membership roll 
of the tribe on August 13,1954, but was not listed; or 
(C) that individual is a descendant of an individual, living or 
dead, described in subparagraph (A) or (B) and possesses at least 
one-fourth degree of blood of members of the tribe, living or 
dead, or individuals who are or would have been eligible to be 
members under this paragraph. 
(2) After the first election of the tribal governing body is held 
pursuant to section 6(d), the provisions of the constitution and 
bylaws adopted in accordance with section 6(a) shall govern mem-
bership in the tribe. 
(c) PROCEDURES FOR VERIFICATION OF EUGIBIUTY.—(1) Before the 
election of the members of the Interim Council is held pursuant to 
section 5(b), verification of (A) descendancy, for purposes of enroll-
97 STAT. 1068 
PUBLIC LAW 98-165—NOV. 22, 1983 
Name exclusion, 
appeal. 
Publication in 
Federal 
Register. 
ment, and (B) age, for purposes of voting rights under subsection (d), 
shall be made upon oath before the Secretary whose determination 
thereon shall be final. 
(2) After the election of the members of the Interim Council is 
held pursuant to section 5(b), but before the first election of the 
members of the tribal governing body is held pursuant to section 
6(d), the verification of descendancy and age shall be made upon 
oath before the Interim Council, or its authorized representative. An 
individual may appeal the exclusion of his name from the member-
ship roll of the tribe to the Secretary, who shall make a final 
determination of each such appeal within ninety days after such an 
appeal has been filed with him. The determination of the Secretary 
with respect to such an appeal shall be final. 
(3) After the first election of the members of the tribal governing 
body is held pursuant to section 6(d), the provisions of the constitu-
tion and bylaws adopted in accordance with section 6(a) shall govern 
the verification of any requirements for membership in the tribe. 
The Interim Council and the Secretary shall deliver their records 
and files and any other material relating to the enrollment of tribal 
members to such tribal governing body. 
(4) Not less than sixty days before the election under section 6(a), 
the Secretary shall publish in the Federal Register a certified copy 
of the membership roll of the tribe as of the date of such publication. 
Such membership roll shall include the names of all individuals who 
were enrolled by the Secretary, either directly under paragraph (1) 
or pursuant to an appeal under paragraph (2), and by the Interim 
Council under paragraph (2). 
(d) VOTING RIGHTS OF MEMBER.—Each member who is eighteen 
years of age or older shall be eligible to attend, participate in, and 
vote at each general council meeting. Each such member may 
nominate candidates for any office, run for any office, and vote in 
any election of members to the Interim Council and to such other 
tribal governing body as may be established under the constitution 
and bylaws adopted in accordance with section 6. 
25 u s e 713f. 
Plan submittal 
to congressional 
committees. 
ESTABUSHMENT OF TRIBAL RESERVATION 
SEC. 8. (a) PLAN FOR ESTABLISHMENT OF RESERVATION.—(1) Any 
reservation for the tribe shall be established by an Act of Congress 
enacted after the enactment of this Act. 
(2) The Secretary shall enter into negotiations with the tribal 
governing body with respect to establishing a reservation for the 
tribe and, in accordance with this section and within two years of 
the date of the enactment of this Act, develop a plan for the 
establishment of such a reservation. Upon the approval of such plan 
by the tribal governing body (and after consultation with interested 
parties pursuant to subsection (b)), the Secretary shall submit such 
plan to the Clerk of the House of Representatives and the Secretary 
of the Senate for distribution to the committees of the respective 
Houses of the Congress with jurisdiction over the subject matter. 
(b) CONSULTATION WITH STATE AND LOCAL OFFICIALS REQUIRED.— 
To assure that legitimate State and local interests are not preju-
diced by the proposed enlargement of the reservation, the Secretary 
shall notify and consult all appropriate officials of the State of 
Oregon, all appropriate local governmental officials in the State of 
Oregon, and any other interested party in developing any plan 
under subsection (a). The Secretary shall provide complete informa-
PUBLIC LAW 98-165—NOV. 22, 1983 
97 STAT. 1069 
tion on the proposed plan to such officials and interested parties, 
including the restrictions on such proposed plan imposed by subsec-
tion (c). During any consultation by the Secretary under this subsec- Information 
tion, the Secretary shall provide such information as he may comments^ 
possess, and shall request comments and additional information, on 
the following subjects: 
(1) The size and location of the proposed reservation. 
(2) The anticipated effect of the establishment of the proposed 
reservation on State and local expenditures and tax revenues. 
(3) The extent of any State or local service to the tribe, the 
reservation of the tribe, or members after the establishment of 
the proposed reservation. 
(4) The extent of Federal services to be provided in the future 
to the tribe, the reservation of the tribe, or members. 
(5) The extent of service to be provided in the future by the 
tribe to members residing on or off the reservation. 
(c) RESTRICTIONS ON PLAN.—Any plan developed by the Secretary 
under subsection (a) shall provide that— 
(1) any real property transferred by the tribe or any member 
to the Secretary shall be taken and held in the name of the 
United States for the benefit of the tribe and shall be a part of 
the reservation of the tribe; 
(2) the establishment of the reservation shall not grant or 
restore to the tribe or any member any hunting, fishing, or 
trapping right of any kind on such reservation, including any 
indirect or procedural right or advantage over individuals who 
are not members of the tribe; 
(3) the Secretary shall not accept any real property in trust 
for the benefit of the tribe or its members which is not located 
within the political boundaries of Polk, Yamhill, or Tillamook 
County, Oregon; 
(4) any real property taken in trust by the Secretary pursuant 
to such plan shall be subject to— 
(A) all legal rights and interests in such land existing at 
the time of the acquisition of such land by the Secretary, 
including any lien, mortgage, or previously levied and out-
standing State or local tax, and 
(B) foreclosure or sale in accordance with the laws of the 
State of Oregon pursuant to the terms of any valid obliga-
tion in existence at the time of the acquisition of such land 
by the Secretary; 
(5) any real property transferred pursuant to such plan shall 
be exempt from Federal, State, and local taxation of any kind; 
(6) the State of Oregon shall exercise criminal and civil 
jurisdiction over the reservation, and over the individuals on 
the reservation, in accordance with section 1162 of title 18, 
United States Code, and section 1360 of title 28, United States 
Code, respectively; and 
(7) any Federal real property transferred for the benefit of the 
tribe, pursuant to any reservation plan developed under section 
8(a) of this Act, shall come only from available public lands 
administered under the Federal Land Policy and Meinagement 
Act of 1976 (43 U.S.C. 1701), and from lands held in trust by the 
United States for the tribe or for individual Indians. 
(d) APPENDIX TO PLAN SUBMITTED TO THE CONGRESS.—The Secre-
tary shall append to the plan submitted to the Congress under 
subsection (a) a detailed statement— 
97 STAT. 1070 
PUBLIC LAW 98-165—NOV. 22, 1983 
(1) describing the manner in which the Secretary notified all 
interested parties in accordance with subsection (b); 
(2) naming each individual and official consulted in accord-
ance with subsection (b); 
(3) summarizing the testimony received by the Secretary 
pursuant to any such consultation; and 
(4) including any written comments or reports submitted to 
the Secretary by any party named in paragraph (2). 
REGULATIONS 
25 use 713g. 
SEC. 9. The Secretary may promulgate such regulations as may be 
necessary to carry out the provisions of this Act. 
Approved November 22, 1983. 
LEGISLATIVE HISTORY—H.R. 3885: 
HOUSE REPORT No. 98-464 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 129 (1983): 
Nov. 7, considered and passed House. 
Nov. 11, considered and passed Senate.