[House Report 114-563]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-563
======================================================================
TO PROVIDE FOR THE ADDITION OF CERTAIN REAL PROPERTY TO THE RESERVATION
OF THE SILETZ TRIBE IN THE STATE OF OREGON
_______
May 11, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 3211]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3211) to provide for the addition of certain
real property to the reservation of the Siletz Tribe in the
State of Oregon, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 3211 is to provide for the addition of
certain real property to the reservation of the Siletz Tribe in
the State of Oregon.
Background and Need for Legislation
The Confederated Tribes of Siletz Indians comprise a number
of bands of Oregon Indians who were located to a 1.1 million-
acre reservation set aside in 1855 (Executive Order No. 152
(November 9, 1855)).
In 1954, federal supervision over the Siletz Indians was
terminated by an Act of Congress (25 U.S.C. Sec. 691 et seq.).
This occurred in the context of the ``Termination Era'' when
Congress determined that its policy of recognizing tribes,
holding their lands in a federal trust, and supervising their
affairs made Indians wards of the government and thereby
restricted their freedom to use their lands.
After a number of tribes in various parts of the United
States were terminated by Congress, Indian people objected to
the policy, arguing that they were not fully consulted or
informed as to its consequences.
Over the years, Congress has restored a number of the
terminated tribes to recognized tribal status. In 1977,
Congress enacted a bill to restore the Confederated Tribes of
Siletz Indians of Oregon (Public Law 95-195, Siletz Indian
Tribe Restoration Act). The Act established a process for the
Tribe to organize, and further required the Department of the
Interior and the Tribe to develop a plan for creating a
reservation, but required any reservation to be established
through an Act of Congress.
In 1980, Congress established a reservation for the Siletz
Indians, consisting of 3,630 acres as well as a parcel known as
Government Hill that was conveyed by the city of Siletz (Public
Law 96-340; 94 Stat. 1072). The lands are mostly timberlands.
Over the years, the Tribe has increased its land holdings to
more than 15,000 acres, mostly in Lincoln and Douglas Counties,
Oregon. The Tribe owns a casino, resort, and a number of other
businesses which operate on their tribal lands.
H.R. 3211 eases the process for the Siletz Tribe to apply
for trust land within the original boundaries of the former
1855 Siletz Coast Reservation, which encompassed a large area
on the coast of Oregon within the counties of Benton, Douglas,
Lane, Lincoln, Tillamook, and Yamhill. The bill prohibits
gaming on land acquired in trust under this bill. It is not
Congress's intent to place gaming prohibitions on lands already
held in trust for the benefit of the Siletz Tribe within the
former 1855 Siletz Coast Reservation.
Committee Action
H.R. 3211 was introduced on July 23, 2015, by Congressman
Kurt Schrader (D-OR). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Indian, Insular and Alaska Native Affairs. On March 15,
2016, the Natural Resources Committee met to consider the bill.
The Subcommittee was discharged by unanimous consent. No
amendments were offered, and the bill was ordered favorably
reported to the House of Representatives by unanimous consent
on March 16, 2016.
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.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 29, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3211, a bill to
provide for the addition of certain real property to the
reservation of the Siletz Tribe in the State of Oregon.
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.
H.R. 3211--A bill to provide for the addition of certain real property
to the reservation of the Siletz Tribe in the State of Oregon
H.R. 3211 would modify how the Secretary of the Interior
evaluates land to be taken into trust for the Confederated
Tribes of Siletz Indians of Oregon. Under current law, the
Department of the Interior (DOT) has two separate processes for
evaluating potential trust land depending on whether the land
is located within or outside of the recognized boundaries of
the reservation. If the land is located outside of the
recognized boundaries, the process requires greater scrutiny.
For the purpose of evaluating the land to be taken into trust,
the bill would require the Secretary to treat ``off-
reservation'' property as if it were ``on-reservation''
property. That change would simplify the process of taking such
property into trust. Under the legislation, all property taken
into trust would be considered part of the reservation.
Based on information from DOI, CBO estimates that
implementing H.R. 3211 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 H.R. 3211 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 3211 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 3211 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On December 22, 2015, CBO transmitted a cost estimate for
S. 817, similar legislation, as ordered reported by the Senate
Committee on Indian Affairs on November 18, 2015. H.R. 3211 and
S. 817 are similar, and the CBO cost estimates are the same.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by Theresa Gullo, Assistant Director
for Budget Analysis.
2. Section 308(a) of 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. The Congressional
Budget Office estimates that implementing this bill ``would
have no significant effect on the federal budget.''
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide for the addition of
certain real property to the reservation of the Siletz Tribe in
the State of Oregon.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SECTION 7 OF THE SILETZ INDIAN TRIBE RESTORATION ACT
Sec. 7. (a) Any reservation for the tribe shall be
established by an Act of Congress enacted after the enactment
of this Act.
(b) Inasmuch as the reservation of the tribe has been
terminated, the Secretary shall negotiate with the tribe, or
with representatives of the tribe chosen by the tribe,
concerning the establishment of a reservation for the tribe and
shall, in accordance with subsections (c) and (d) and within
two years after the date of enactment of this Act, develop a
plan for the establishment of a reservation for the tribe. Upon
approval of such plan by the tribal officials elected under the
tribal constitution and bylaws adopted pursuant to section 6,
the Secretary shall submit such plan, in the form of proposed
legislation, to the Congress.
(c) To assure that legitimate State and local interests are
not prejudiced by the creation of a reservation for the tribe,
the Secretary, in developing a plan under subsection (b) for
the establishment of a reservation, shall notify and consult
with all appropriate officials of the State of Oregon, all
appropriate local governmental officials in the State of Oregon
and any other interested parties. Such consultation shall
include the following subjects:
(1) the size and location of the reservation;
(2) the effect the establishment of the reservation
would have on State and local tax revenues;
(3) the criminal and civil jurisdiction of the State
of Oregon with respect to the reservation and persons
on the reservation;
(4) hunting, fishing, and trapping rights of the
tribe and members of the tribe, on the reservation;
(5) the provision of State and local services to the
reservation and to the tribe and members of the tribe
on the reservation; and
(6) the provision of Federal services to the
reservation and to the tribe and members of the tribe
and the provision of services by the tribe to members
of the tribe.
(d) Any plan developed under this section for the
establishment of a reservation for the tribe shall provide
that--
(1) any real property transferred by the tribe or
members of the tribe to the Secretary shall be taken in
the name of the United States in trust for the benefit
of the tribe and shall be the reservation for the
tribe;
(2) the establishment of such a reservation will not
grant or restore to the tribe or any member of the
tribe any hunting, fishing, or trapping right of any
nature, including any indirect or procedural right or
advantage, on such reservation;
(3) the Secretary shall not accept any real property
in trust for the benefit of the tribe or its members
unless such real property is located within Lincoln
County, State of Oregon;
(4) any real property taken in trust by the Secretary
for the benefit of the tribe or its members shall be
subject to all rights existing at the time such
property is taken in trust, including liens,
outstanding Federal, State, and local taxes, mortgages,
outstanding indebtedness of any kind, easements, and
all other obligations, and shall be subject to
foreclosure and sale in accordance with the laws of the
State of Oregon;
(5) the transfer of an real property to the Secretary
in trust Taxation, for the benefit of the tribe or its
members shall be exempt from all Federal, State, and
local taxation, and all such real property shall, as of
the date of such transfer, be exempt from Federal,
State, and local taxation; and
(6) the State of Oregon shall have civil and criminal
jurisdiction with respect to the reservation and
persons on the reservation in accordance with section
1360 of title 28, United States Code, and section 1162
of title 18, United States Code.
(e) The Secretary shall append to the plan a detailed
statement describing the manner in which the notification and
consultation prescribed by subsection (c) was carried out and
shall include any written comments with respect to the
establishment of a reservation for the tribe submitted to the
Secretary by State and local officials and other interested
parties in tllr course of such consultation.
(f) Treatment of Certain Property.--
(1) In general.--
(A) Title.--The Secretary may accept title to
any additional number of acres of real property
located within the boundaries of the original
1855 Siletz Coast Reservation established by
Executive order dated November 9, 1855,
comprised of land within the political
boundaries of Benton, Douglas, Lane, Lincoln,
Tillamook, and Yamhill Counties in the State of
Oregon, if that real property is conveyed or
otherwise transferred to the United States by
or on behalf of the tribe.
(B) Trust.--Land to which title is accepted
by the Secretary under this paragraph shall be
held in trust by the United States for the
benefit of the tribe.
(2) Treatment as part of reservation.--All real
property that is taken into trust under paragraph (1)
shall--
(A) be considered and evaluated as an on-
reservation acquisition under part 151.10 of
title 25, Code of Federal Regulations (or
successor regulations); and
(B) become part of the reservation of the
tribe.
(3) Prohibition on gaming.--Any real property taken
into trust under paragraph (1) shall not be eligible,
or used, for any gaming activity carried out under the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
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