[House Report 113-168]
[From the U.S. Government Publishing Office]
113th Congress } { Report
1st Session } HOUSE OF REPRESENTATIVES { 113-168
=======================================================================
AMENDING THE GRAND RONDE RESERVATION ACT TO MAKE TECHNICAL CORRECTIONS,
AND FOR OTHER PURPOSES
_______
July 22, 2013.--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. 841]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 841) to amend the Grand Ronde Reservation Act to
make technical corrections, 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 H.R. 841 is to amend the Grand Ronde
Reservation Act to make technical corrections.
Background and Need for Legislation
The Confederated Tribes of the Grand Ronde Community of
Oregon were among several tribes in Western Oregon that entered
into treaties with the United States in the 1850s. In 1857,
President James Buchanan issued an Executive Order to establish
the Grand Ronde Reservation for a number of Oregon tribes. The
reservation was more than 60,000 acres, and today the Grand
Ronde is treated by the federal government as a single tribe
for federal purposes such as the delivery of services and
benefits.
In 1954, federal supervision over Grand Ronde 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 1983, Congress enacted the Grand Ronde Restoration
Act (Public Law 96-165) to extend recognition to the Grand
Ronde Indians and establish a process for the tribal government
to organize itself. The Act 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 1988, Congress enacted the Grand Ronde Reservation Act.
This Act and subsequent Acts created a reservation for the
tribe mostly within the boundaries of the former 1857 Grand
Ronde Reservation in Polk and Yamhill counties. Today, the
tribe has a total of 10,311 acres of trust land. According to
the tribe, all but 259 acres of these lands are forested, and
the tribe is actively engaged in timber management. The non-
forested trust parcels host tribal buildings and housing, a
casino, and other infrastructure. To increase its trust land
base within the boundaries of its former (terminated)
reservation, Grand Ronde has been acquiring new lands which it
then applies to put in trust through Interior's regulatory
process.
H.R. 841 eases the process for the Grand Ronde Tribe to
apply for trust land within the original boundaries of its
former 1857 reservation, which encompassed a 60,000-plus-acre
area in Polk and Yamhill Counties, Oregon. The bill also deems
property placed in trust for the tribe after 1988 to be part of
the tribe's reservation. Finally, the bill places specific
tracts of land totaling 288 acres in trust for the tribe in its
former reservation.
Committee Action
H.R. 841 was introduced on February 26, 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. No amendments were offered and the bill 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. 841--A bill to amend the Grand Ronde Reservation Act to make
technical corrections, and for other purposes
H.R. 841 would authorize the Secretary of the Interior to
take into trust 288 acres of property located within the
boundaries of the original reservation of the Confederated
Tribes of the Grand Ronde Community of Oregon. The bill also
would modify the process that the Secretary uses to evaluate
land to take into trust for the tribe. In addition, all
property taken into trust by the Secretary within the
boundaries of the tribe's original reservation after September
9, 1988, would be considered part of that reservation.
Based on information provided by the Department of the
Interior, CBO estimates that implementing H.R. 841 would have
no significant impact on the federal budget. CBO estimates that
the legislation would not significantly affect the cost of
processing applications to take land into trust or the cost of
administering the tribes' trust lands. Enacting H.R. 841 would
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
H.R. 841 contains no intergovernmental or private-sector
mandates as defined by 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 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. 841 would have no significant
impact 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 amend the Grand Ronde Reservation
Act to make technical corrections.
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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 1 OF PUBLIC LAW 100-425
An Act To establish a reservation for the Confederated Tribes of the
Grand Ronde Community of Oregon, and for other purposes.
SECTION 1. ESTABLISHMENT OF RESERVATION.
(a) Lands Held in Trust; Reservation.--
(1) In general.--Subject to valid existing rights,
including (but not limited to) 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. Such land 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.).
(2) Additional trust acquisitions.--
(A) In general.--The Secretary may accept
title to any additional number of acres of real
property located within the boundaries of the
original 1857 reservation of the Confederated
Tribes of the Grand Ronde Community of Oregon
established by Executive Order dated June 30,
1857, 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 Tribe.
(B) Treatment of trust land.--All
applications to take land into trust within the
boundaries of the original 1857 reservation
shall be treated by the Secretary as an on-
reservation trust acquisition.
(C) Reservation.--All real property taken
into trust within those boundaries at any time
after September 9, 1988, shall be part of the
reservation of the Tribe.
(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
approximately 11,274.19 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/ 320.89
2\NW\1/4\
5 7 6 All 634.02
5 7 7 All 638.99
5 7 18 Lots 1&2, NE\1/4\,E\1/ 320.07
2\NW\1/4\
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/ 53.78
4\SW\1/4\
6 8 1 S\1/2\E\1/2\SE\1/4\SW\1/4\ 10.03
[6 7 8 Tax lot 800 5.55]
6 7 7, 8, 17, 18 Former tax lot 800, 5.55
located within 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\, [240] 241.06
SE\1/4\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/ 21.70
4\SW\1/4\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/ 22.46
2\SW\1/4\
6 7 17 NW\1/4\NW\1/4\, N\1/2\SW\1/ 10.84
4\NW\1/4\
6 7 18 E\1/2\NE\1/4\ 43.42
[Total 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/ 12.99
4\ SW \1/4\
6 7 6 SW \1/4\ NW \1/4\ 37.99
6 7 5 SE \1/4\ SW \1/4\ 24.87
6 7 5, 8 SW \1/4\ SE \1/4\ of 109.9
Section 5; and NE \1/4\
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/ 78.4
4\ NE \1/4\
6 7 8, 17 SW \1/4\ SW \1/4\ of 14.33
Section 8; and NE \1/4\
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\ 50.8
6 7 17, 18 SW \1/4\, NW \1/4\ of 136.83
Section 17; and 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/ 97.38
4\ SE \1/4\, E \1/2\ 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 7 NW \1/4\ NW \1/4\ of
Section 7; and
6 8 12 S \1/2\ NE \1/4\, E \1/2\ 86.48
NE \1/4\ NE \1/4\ of
Section 12
6 8 12 NE \1/4\ NW \1/4\ 1.56
Total 11,274.19
(d) Claims Extinguished; Liability.--
(1) Claims extinguished.--All claims to lands within
the State of Oregon based upon recognized title to the
Grand Ronde Indian Reservation established by the
Executive order of June 30, 1857, pursuant to treaties
with the Kalapuya, Molalla, and other tribes, or any
part thereof by the Confederated Tribes of the Grand
Ronde Community of Oregon, or any predecessor or
successor in interest, are hereby extinguished, and any
transfers pursuant to the Act of April 28, 1904 (Chap.
1820; 33 Stat. 567) or other statute of the United
States, by, from, or on behalf of the Confederated
Tribes of the Grand Ronde Community of Oregon, or any
predecessor or successor interest, shall be deemed to
have been made in accordance with the Constitution and
all laws of the United States that are specifically
applicable to transfers of lands or natural resources
from, by, or on behalf of any Indian, Indian nation, or
tribe of Indians (including, but not limited to, the
Act of July 22, 1790, commonly known as the ``Trade and
Intercourse Act of 1790'' (1 Stat. 137, chapter 33,
section 4)).
(2) Liability.--The Tribe shall assume responsibility
for lost revenues, if any, to any county because of the
transfer of revested Oregon and California Railroad
grant lands in section 30, Township 4 South, Range 7
West.