H. Rept. 113-367 - 113th Congress (2013-2014)

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House Report 113-367 - TO PROVIDE FOR THE ADDITION OF CERTAIN REAL PROPERTY TO THE RESERVATION OF THE SILETZ TRIBE IN THE STATE OF OREGON

[House Report 113-367]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-367

======================================================================

 
TO PROVIDE FOR THE ADDITION OF CERTAIN REAL PROPERTY TO THE RESERVATION 
               OF THE SILETZ TRIBE IN THE STATE OF OREGON

                                _______
                                

 February 28, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 931]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 931) 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 
with an amendment and recommend that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. PURPOSE; CLARIFICATION.

  (a) Purpose.--The purpose of this Act is to facilitate fee-to-trust 
applications for the Siletz Tribe within the geographic area specified 
in the amendment made by this Act.
  (b) Clarification.--Except as specifically provided otherwise by this 
Act or the amendment made by this Act, nothing in this Act or the 
amendment made by this Act, shall prioritize for any purpose the claims 
of any federally-recognized Indian tribe over the claims of any other 
federally-recognized Indian tribe.

SEC. 2. TREATMENT OF CERTAIN PROPERTY OF THE SILETZ TRIBE OF THE STATE 
                    OF OREGON.

  Section 7 of the Siletz Tribe Indian Restoration Act (25 U.S.C. 711e) 
is amended by adding at the end the following:
  ``(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.).''.

                          Purpose of the Bill

    The purpose of H.R. 931 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 by Executive Order of President 
Franklin Pierce in 1855. In 1954, federal supervision over the 
Siletz was terminated by an Act of Congress. 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). 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 
under Public Law 96-340, consisting of 3,630 acres as well as a 
parcel known as Government Hill that was conveyed by the city 
of Siletz. 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.
    H.R. 931 eases the process for the Siletz Indian 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.

                            Committee Action

    H.R. 931 was introduced on February 28, 2013, 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 and Alaska Native Affairs. On May 16, 
2013, the Subcommittee on Indian and Alaska Native Affairs held 
a hearing on the bill. On June 12, 2013, the Full Natural 
Resources Committee met to consider the bill. The Subcommittee 
on Indian and Alaska Native Affairs was discharged by unanimous 
consent. Congressman Peter DeFazio (D-OR) offered an amendment 
designated .030 to the bill; the amendment was adopted by 
unanimous consent. No further amendments were offered and the 
bill, as amended, was then adopted and ordered favorably 
reported to the House of Representatives by unanimous consent.

            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:

H.R. 931--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. 931 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 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. 
The bill would require the Secretary to consider certain 
property that is considered ``off-reservation'' under current 
law as ``on-reservation.'' Under the legislation, all property 
taken into trust would be considered part of the reservation.
    Based on information provided by the Department of the 
Interior, CBO estimates that implementing H.R. 931 would have 
no significant impact on the federal budget because the cost of 
processing trust land applications and the cost of 
administering the tribes' trust lands would not change 
significantly. Enacting H.R. 931 would not affect direct 
spending or revenues; therefore, pay-as-you-go procedures do 
not apply.
    H.R. 931 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
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. Based on 
information provided by the Department of the Interior, CBO 
estimates that implementing H.R. 931 would have no significant 
impact on the federal budget because the cost of processing 
trust land applications and the cost of administering the 
tribes' trust lands would not change significantly.
    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):

SILETZ TRIBE INDIAN 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 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 the 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.).

           *       *       *       *       *       *       *