[Senate Report 114-230]
[From the U.S. Government Publishing Office]
Calendar No. 403
114th Congress} { Report
SENATE
2d Session } { 114-230
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AMENDING THE GRAND RONDE RESERVATION ACT TO MAKE TECHNICAL CORRECTIONS,
AND FOR OTHER PURPOSES
_______
March 16, 2016.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 818]
The Senate Committee on Indian Affairs, to which was
referred the bill (S. 818) to amend the Grande Ronde
Reservation Act to make technical corrections, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill, as amended, do
pass.
Purpose
The purpose of S. 818 is to amend the Grand Ronde
Reservation Act to make technical corrections.
Need for Legislation
This bill, S. 818, would amend an Act to establish a
reservation for the Confederated Tribes of the Grand Ronde
Community of Oregon (Pub. L. No. 100-425). The bill, S. 818,
would authorize the Secretary of the Interior to place in trust
real property located within the boundaries of the original
1857 reservation of the Confederated Tribes of the Grand Ronde
Community of Oregon (Tribe) if the real property is conveyed or
otherwise transferred to the United States by or on behalf of
the Tribe. The bill would provide that the Secretary will treat
all applications to take such land into trust as an on-
reservation trust acquisition. The bill would provide that land
taken into trust within those boundaries after September 9,
1988, are to be considered part of the Tribe's reservation.
Background
The Confederated Tribes of the Grand Ronde Community of
Oregon\1\ is a federally recognized Indian tribe. On June 30,
1857, a reservation of approximately 60,000 acres, was set
aside by President James Buchanan in an Executive Order.\2\
However, the Federal supervision over the trust and restricted
property of the Tribe was terminated on August 13, 1954 (25
U.S.C. 691 et. seq.).
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\1\The Tribe had a corporate charter approved on June 18, 1934
under the Indian Reorganization Act (25 U.S.C. Sec. 477), which was
ratified on August 22, 1936.
\2\Executive Order Issued by James Buchanan (June 30, 1857).
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On November 22, 1983, federal recognition was restored to
the Confederated Tribes of the Grand Ronde Community of
Oregon.\3\ On September 9, 1988, Congress created a reservation
for the Tribe.\4\
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\3\25 U.S.C. Sec. 713b, Public Law 98-165, 97 Stat. 1064. This Act
is known as the ``Grand Ronde Restoration Act'' which authorized the
re-establishment of a reservation for the Tribe after November 22,
1983, subject to a set of conditions. See 25 U.S.C. Sec. 713f, Pub. L.
No. 98-165, 97 Stat. 1068.
\4\Public Law 100-425, 102 Stat. 1594., as amended by Pub. L. No.
100-581, Pub. L. No. 101-301, Pub. L. No. 102-497, Pub. L. No. 103-263,
Pub. L. No. 103-435, and Pub. L. No. 105-256.
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Legislative History
On March 19, 2015, Senator Wyden and Senator Merkley
introduced S. 818. The Committee held a legislative hearing on
the bill on October 7, 2015, at which the Bureau of Indian
Affairs Deputy Director Mike Smith testified in support of S.
818. On November 18, 2015, the Committee held a business
meeting, at which the bill, as amended, was passed by voice
vote. The amendment made technical corrections by fixing a
citation and incorporating the full table of land held in trust
for the Tribe.
An identical companion bill, H.R. 3212, was introduced by
Representative Schrader on July 23, 2015. The bill was referred
to the House Natural Resources Subcommittee on Indian, Insular
and Alaska Native Affairs. No further action has been taken on
this bill to date.
Section-by-Section Analysis of Bill as Ordered Reported
Section 1--Additional land for Grand Ronde Reservation
Section 1 authorizes the Secretary of the Interior to place
into trust real property located within the boundaries of the
original 1857 reservation of the Confederated Tribes of the
Grand Ronde Community of Oregon and in Polk and Yamhill
Counties, if the real property is conveyed or otherwise
transferred to the United States by, or on behalf of the Tribe.
The bill would provide that the Secretary will treat all
applications to take such land into trust as on-reservation
trust acquisitions. The bill provides for a prohibition on
class II and class III gaming as defined under the Indian
Gaming Regulatory Act\5\ on real property taken into trust
within the boundaries of the original 1857 reservation of the
Tribe that is within Polk and Yamhill Counties, except for any
real property within two miles of the gaming facility in
existence on the date of enactment located on State Highway 18
in the Grand Ronde community, Oregon.
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\5\Section 4 in 25 U.S.C. Sec. 2703, as those terms are defined.
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The bill would provide that land taken into trust within
those boundaries after September 9, 1988, are to be considered
part of the Tribe's reservation.
Cost and Budgetary Considerations
The following cost estimate, as provided by the
Congressional Budget Office, dated December 22, 2015, was
prepared for S. 818:
December 22, 2015.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 818, a bill to amend
the Grand Ronde Reservation Act to make technical corrections,
and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall.
Enclosure.
S. 818-- A bill to amend the Grand Ronde Reservation Act to make
technical corrections
S. 818 would authorize the Secretary of the Interior to
take into trust certain real property located within the
boundaries of the original reservation of the Confederated
Tribes of the Grand Ronde Community of Oregon. The bill would
modify the process that the Secretary uses to evaluate such
property and specify that any lands taken into trust on behalf
of that tribe after September 9, 1988, would be considered part
of its reservation.
Based on information from the Department of the Interior,
CBO estimates that implementing S. 818 would have no
significant effect on the federal budget. We estimate that any
change in the department's administrative costs under the bill,
which would be subject to appropriation, would not exceed
$500,000 in any year.
Enacting S. 818 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 818 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2026.
S. 818 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Executive Communications
The Committee has received no communications from the
Executive Branch regarding S. 818.
Regulatory and Paperwork Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 818 will
have a minimal impact on regulatory or paperwork requirements.
Changes in Existing Law Made by the Bill, as Reported
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes to existing law made by
S. 818, as ordered reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets and new
matter is printed in italic):
TO AMEND THE GRAND RONDE RESERVATION ACT TO MAKE TECHNICAL CORRECTIONS,
AND FOR OTHER PURPOSES
* * * * * * *
An Act To establish a reservation for the Confederated Tribes of the
Grand Ronde Community 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. ESTABLISHMENT OF RESERVATION.
(a) Lands Held in Trust; Reservation.--[Subject to valid
existing rights, including (but not limited to) all]
(1) In general.--Subject to valid existing rights,
including all valid liens, rights-of-way, reciprocal
road rights-of-way agreements, licenses, leases,
permits, and easements existing on the date of
enactment of this Act, all right, title, and interest
of the United States in and to the land described in
subsection (c) is hereby held in trust for the use and
benefit of the Confederated Tribes of the Grand Ronde
Community of Oregon (referred to in this Act as the
`Tribes'). [Such land]
(2) Treatment.--The land referred to in paragraph (1)
shall constitute the reservation of the Confederated
Tribes of the Grand Ronde Community of Oregon and shall
be subject to the Act entitled ``An Act to conserve and
develop Indian lands and resources; to extend to
Indians the right to form business and other
organizations; to establish a credit system for
Indians; to grant certain rights of home rule to
Indians; to provide for vocational education for
Indians; and for other purposes'', approved June 18,
1934 ( 25 U.S.C. 461 et seq.).
(3) Additional trust acquisitions.--
(A) In general.--The Secretary may accept
title in and to any additional real property
located within the boundaries of the original
1857 reservation of the Tribes (as established
by the Executive order dated June 30, 1857, and
comprised of land within the political
boundaries of Polk and Yamhill Counties,
Oregon), if that real property is conveyed or
otherwise transferred to the United States by,
or on behalf of, the Tribes.
(B) Treatment of trust land.--
(i) In general.--An application to
take land into trust within the
boundaries of the original 1857
reservation of the Tribes shall be
treated by the Secretary as an on-
reservation trust acquisition.
(ii) Gaming.--
(I) In general.--Except as
provided in subclause (II),
real property taken into trust
pursuant to this paragraph
shall not be eligible, or used,
for any class II gaming or
class III gaming (as those
terms are defined in section 4
of the Indian Gaming Regulatory
Act (25 U.S.C. 2703)).
(II) Exception.--Subclause
(I) shall not apply to any real
property located within 2 miles
of the gaming facility in
existence on the date of
enactment of this paragraph
located on State Highway 18 in
the Grand Ronde community,
Oregon.
(C) Reservation.--All real property taken
into trust within the boundaries described in
subparagraph (A) at any time after September 9,
1988, shall be considered to be a part of the
reservation of the Tribes.
(b) Treatment of Receipts From Reservation Lands.--
Beginning on the date of enactment of this Act, all receipts
from the lands described in subsection (c) shall accrue to the
Confederated Tribes of the Grand Ronde Community of Oregon.
This subsection shall not apply to receipts from timber on such
lands which was removed before the date of enactment of this
Act.
(c) Lands Described.--The lands referred to [in subsection
(a) are approximately 10,311.60] in subsection (a)(1) are the
approximately 11,349.92 acres of land located in Oregon and
more particularly described as:
Willamette Meridian, Oregon
Township Range
South West Section Subdivision Acres
4 8 36 SE\1/4\SE\1/4\ 40.00
4 7 31 Lots 1, 2, NE\1/4\, E\1/2\NW\1/4\ 320.89
5 7 6 All 634.02
5 7 7 All 638.99
5 7 18 Lots 1 & 2, NE\1/4\, E\1/2\NW\1/4\ 320.07
5 8 1 SE\1/4\ 160.00
5 8 3 All 635.60
5 8 7 All 661.75
5 8 8 All 640.00
5 8 9 All 640.00
5 8 10 All 640.00
5 8 11 All 640.00
5 8 12 All 640.00
5 8 13 All 640.00
5 8 14 All 640.00
5 8 15 All 640.00
5 8 16 All 640.00
5 8 17 All 640.00
6 8 1 SW\1/4\SW\1/4\, W\1/2\SE\1/4\SW\1/4\ 53.78
6 8 1 S\1/2\E\1/2\SE\1/4\SW\1/4\ 10.03
6 7 7, 8, 17, Former tax lot 800, located 18 within 5.55
18 the SE\1/4\SE\1/4\ of Section 7;
SW\1/4\SW\1/4\ of Section 8; NW\1/
4\NW\1/4\ of Section 17; and NE\1/
4\NE\1/4\ of Section 18
4 7 30 Lots 3, 4, SW\1/4\NE\1/4\, SE\1/ 241.06
4\NW\1/4\, E\1/2\SW\1/4\
6 8 1 N\1/2\SW\1/4\ 29.59
6 8 12 W\1/2\ SW\1/4\NE\1/4\, SE\1/4\SW\1/ 21.70
4\NE\1/4\NW\1/4\, N\1/2\SE\1/4\NW\1/
4\, N\1/2\SW\1/4\SW\1/4\SE\1/4\
6 8 13 W\1/2\E\1/2\NW\1/4\NW\1/4\ 5.31
6 7 7 E\1/2\E\1/2\ 57.60
6 7 8 SW\1/4\SW\1/4\NW\1/4\, W\1/2\SW\1/4\ 22.46
6 7 17 NW\1/4\NW\1/4\, N\1/2\SW\1/4\NW\1/4\ 10.84
6 7 18 E\1/2\NE\1/4\ 43.42
[10,311.60]
6 8 1 W\1/2\SE\1/4\SE\1/4\ 20.6
6 8 1 N\1/2\SW\1/4\SE\1/4\ 19.99
6 8 1 SE\1/4\NE\1/4\ 9.99
6 8 1 NE\1/4\SW\1/4\ 10.46
6 8 1 NE\1/4\SW\1/4\, NW\1/4\SW\1/4\ 12.99
6 7 6 SW\1/4\NW\1/4\ 37.39
6 7 5 SE\1/4\SW\1/4\ 24.87
6 7 5, 8 SW\1/4\SE\1/4\ of Section 5; and NE\1/ 109.9
4\NE\1/4\, NW\1/4\NE\1/4\, NE\1/
4\NW\1/4\ of Section 8
6 8 1 NW\1/4\SE\1/4\ 31.32
6 8 1 NE\1/4\SW\1/4\ 8.89
6 8 1 SW\1/4\NE\1/4\, NW\1/4\NE\1/4\ 78.4
6 7 8, 17 SW\1/4\SW\1/4\ of Section 8; and NE\1/ 14.33
4\NW\1/4\, NW\1/4\NW\1/4\ of Section
17
6 7 17 NW\1/4\NW\1/4\ 6.68
6 8 12 SW\1/4\NE\1/4\ 8.19
6 8 1 SE\1/4\SW\1/4\ 2.0
6 8 1 SW\1/4\SW\1/4\ 5.05
6 8 12 SE\1/4\, SW\1/4\ 54.64
6 7 17, 18 SW\1/4\, NW\1/4\ of Section 17; and 136.83
SE\1/4\, NE\1/4\ of Section 18
6 8 1 SW\1/4\SE\1/4\ 20.08
6 7 5 NE\1/4\SE\1/4\, SE\1/4\SE\1/4\, E\1/ 97.38
2\SE\1/4\SW\1/4\
4 7 31 SE\1/4\ 159.60
6 7 17 NW\1/4\NW\1/4\ 3.14
6 8 12 NW\1/4\SE\1/4\ 1.10
6 7 8 SW\1/4\SW\1/4\ 0.92
6 8 12 NE\1/4\NW\1/4\ 1.99
6 7, 8 7, 12 NW\1/4\NW\1/4\ of Section 7; and S\1/ 86.48
2\NE\1/4\, E\1/2\NE\1/4\NE\1/4\ of
Section 12
6 8 12 NE\1/4\NW\1/4\ 1.56
6 7, 8 6, 1 W\1/2\SW\1/4\SW\1/4\ of Section 6; 35.82
and E\1/2\SE\1/4\SE\1/4\ of Section
1
6 7 5 E\1/2\NW\1/4\SE\1/4\ 19.88
6 8 12 NW\1/4\NE\1/4\ 0.29
6 8 1 SE\1/4\SW\1/4\ 2.5
6 7 8 NE\1/4\NW\1/4\ 7.16
6 8 1 SE\1/4\SW\1/4\ 5.5
6 8 1 SE\1/4\NW\1/4\ 1.34
Total 11,349.92
[all]