[House Report 110-276]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-276
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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
_______
July 30, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany S. 375]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (S. 375) 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, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of S. 375 is 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 two
Indian tribes in the State of Oregon, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The parcel at issue was originally part of the Chemawa
Indian School campus in Keizer, Oregon. In 1973 and 1974, the
United States transferred land, including this parcel, to the
State of Oregon for highway and associated road projects. In
1988, upon the completion of Interstate Route 5 and Salem
Parkway, the State deeded the remaining acreage of the parcel
back to the United States. Because the United States had no use
for the returned acreage for the administration of Indian
affairs, the Department of the Interior transferred the
property to the Tribes for economic development and other
purposes.
The land transfer was executed via quitclaim deed to the
tribes pursuant to the ISDEAA, which requires the United States
to include a reversionary clause in the deed. This clause
states that title to the parcel will revert back to the United
States if the land is not used for economic development
purposes. On July 7, 2006, the Acting Northwest Regional
Director of the Bureau of Indian Affairs informed the
Confederated Tribes of the Siletz Reservation that the United
States intended for the tribes to freely and fully develop the
property. Although the Tribes intend to use the land for
economic development purposes, the reversionary clause has
created financing difficulties.
The land is an integral component of a major commercial
development project in Keizer, Oregon. The property development
plan includes a gas station, restaurants, retail space and flex
office space. By waiving the application of the ISDEAA to the
transfer of the property, S. 375 will clear title to the land
and allow the tribes to obtain conventional financing from
commercial lending institutions and to realize the full
commercial potential of the property. Additionally, because S.
375 directs the Secretary to issue a new quitclaim deed that is
exempt from the ISDEAA, there will be no reversionary clause.
Consequently, the Tribes will be able to fully utilize the land
for non-gaming economic development purposes. The land will
remain in fee status and all applicable taxes and regulations
will apply.
Indian Self-Determination and Education Assistance Act (25 U.S.C.
Sec. 450 et seq.)
Enacted in 1975, the ISDEAA authorizes Indian tribes and
tribal organizations to contract or compact for the operation
of federal programs within the Department of the Interior and
the Indian Health Service. It also authorizes the Secretary of
the Interior to transfer excess property to an Indian tribe in
connection with an ISDEAA contract, but the property must
revert back to the Secretary if the contract is terminated or
the property is not used in accordance with the ISDEAA (25
U.S.C. 450j(f)). The Secretary does not have the authority to
waive application of the reversionary clause. Here, the Tribes
do not wish to terminate the ISDEAA contract and they intend to
use the property in a manner consistent with the ISDEAA
contract.
Indian Gaming Regulatory Act (25 U.S.C. Sec. 2701 et seq.)
Generally, the Indian Gaming Regulatory Act (IGRA)
prohibits gaming on land acquired after October 17, 1988. Even
then, the land must be placed into trust to qualify as ``Indian
lands'' for purposes of the IGRA. Here, the Tribes do not
intend to conduct gaming and the land is held in fee simple,
not trust status. Moreover, gaming is explicitly prohibited on
the lands at issue.
Legislative history
In the 109th Congress, Representative Hooley (D-OR)
introduced H.R. 5394, which was referred to the House Committee
on Resources. On May 24, 2006, the Committee requested
executive comment but the Department of the Interior did not
provide it. This Congress, Representatives Hooley, Blumenauer
(D-OR), DeFazio (D-OR), and Wu (D-OR) introduced H.R. 679 on
January 24, 2007. S. 375 was introduced in the Senate on
January 24, 2007 by Senators Smith (R-OR) and Wyden (D-OR). It
was referred to the Committee on Indian Affairs, which
unanimously ordered the bill to be reported without amendment
on February 8, 2007. On May 22, 2007, the Senate passed S. 375
without amendment by unanimous consent. On May 23, 2007, S. 375
was referred to the House Committee on Natural Resources.
COMMITTEE ACTION
S. 375 was introduced on January 24, 2007 by Senator Gordon
Smith (R-OR) and Senator Ron Wyden (D-OR). The bill was
referred to the Committee on Natural Resources on May 22, 2007.
The bill was then forwarded to the full Committee. A hearing
was held on July 11, 2007, at which the Department of the
Interior testified in support of this measure. On July 18,
2007, the full Natural Resources Committee met to consider the
bill. No amendments were offered and the bill was then ordered
favorably reported to the House of Representatives by unanimous
consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Findings
Section 1 sets forth findings supporting the intent of the
bill, including that the parcel of land in the quitclaim deed
is approximately 19.86 acres of land originally part of the
Chemawa Indian School; that the United States does not desire
the return of the parcel and does not intend under any
circumstance to take action to seek return of the parcel; and
that in reliance on this intent, the Tribes have committed over
$2.5 million to infrastructure improvements to the parcel.
Section 2. Waiver of application of Indian Self-Determination and
Education Assistance Act
Section 2 provides that the Indian Self-Determination and
Education Assistance Act does not apply to the transfer of the
parcel of real property deeded by the United States to the
ConfederatedTribes of Siletz Indians of Oregon and the
Confederated Tribes of the Grand Ronde Community of Oregon by quitclaim
deed dated June 18, 2002. The Secretary of the Interior is directed to
issue a new deed that does not include any restriction on the right to
alienate the parcel or any reference to any provision of the Indian
Self-Determination and Education Assistance Act. Class II and Class III
Gaming pursuant to the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.) may not be conducted on the property.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
S. 375--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 two Indian tribes
in the state of Oregon, and for other purposes
S. 375 would direct the Secretary of the Interior to issue
a new deed to the Confederated Tribes of Siletz Indians and the
Confederated Tribes of the Grand Ronde Community of Oregon,
exempting approximately 20 acres of land currently owned by the
tribes from provisions of the Indian Self-Determination and
Education Assistance Act. CBO estimates that enacting S. 375
would have no significant impact on the federal budget.
S. 375 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Enacting this legislation would benefit the Siletz and Grand
Ronde Indian tribes in Oregon.
In June 2002, the federal government transferred
approximately 20 acres of land to the Confederated Tribes of
Siletz Indians and the Confederated Tribes of the Grand Ronde
Community of Oregon. S. 375 would direct the Secretary to
reissue a deed for the land that waives provisions of the
Indian Self-Determination and Education Assistance Act related
to the use of that property. Because the land in question is
not currently owned or held in trust by the United States, CBO
estimates that enacting the legislation would have no
significant effect on the federal budget.
On February 20, 2007, CBO transmitted a cost estimate for
S. 375, as ordered reported by the Senate Committee on Indian
Affairs on February 8, 2007. The two versions of the
legislation are similar, and our cost estimates are identical.
The CBO staff contact for this estimate is Daniel Hoople.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
S. 375 does not contain any congressional earmarks, limited
tax benefits, or limited tariff benefits as defined in clause
9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.