[Senate Report 118-113]
[From the U.S. Government Publishing Office]
Calendar No. 251
118th Congress } { Report
SENATE
1st Session } { 118-113
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A BILL TO AMEND THE GRAND RONDE RESERVATION ACT, AND FOR OTHER PURPOSES
_______
November 27, 2023.--Ordered to be printed
_______
Mr. Schatz, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 910]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill S. 910, a bill to amend the Grand Ronde Reservation Act,
and for other purposes, having considered the same, reports
favorably thereon, without amendment, and recommends that the
bill do pass.
PURPOSE
The purpose of S. 910 is to restore the ability of the
Confederated Tribes of Grand Ronde to pursue certain land
claims in the State of Oregon following the termination of that
right in a 1994 amendment to the Grand Ronde Reservation Act
(P.L. 100-425).
BACKGROUND
The Grand Ronde Reservation was originally established by
treaties entered into and ratified between 1853 and 1855, and
by the Executive Order of June 30, 1857. In 1954, the Tribe's
federal recognition was terminated by Congress\1\ and later
restored in 1983 by the Grand Ronde Restoration Act.\2\ The
Restoration Act reinstated the Tribes' Indian Reorganization
Act charter, however, a separate act of Congress would be
needed to reestablish a reservation.
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\1\A bill to provide for the termination of Federal supervision
over the property of certain tribes and bands of Indians located in
western Oregon and the individual members thereof, and for other
purposes, Pub. L. No. 83-588, 68 Stat. 724 (1954).
\2\Public Law 98-165, 97 Stat. 1064 (1983).
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Following the development of a reservation plan, Congress
passed the Grand Ronde Reservation Act in 1988\3\ for the Tribe
to establish a 9,811 acre reservation.\4\ Following enactment
of this law, the U.S. Bureau of Land Management (BLM) detected
a land survey error dating back to 1871, when Mr. David
Thompson, U.S. Deputy Surveyor, incorrectly surveyed the
eastern boundary of the Tribe's original reservation, leaving
out 84 acres of unsurveyed land known as the ``Thompson
Strip.'' Prior to discovery of the error, BLM treated the 84
acres as Oregon & California Railroad Grant Lands and permitted
the harvesting of timber from the land. Once informed of the
land survey error, the Tribe found that the land was
unmanageable due to its narrow boundaries, and that ownership
interests were divided between several parties. The Tribe
determined that a land exchange with BLM was the best course of
compensation for the land survey error. The Tribe and BLM
entered into a land claim settlement to transfer 240 acres of
Oregon & California Railroad Grant Lands to the Tribe.\5\ This
agreement was included in a 1994 amendment to the Grand Ronde
Reservation Act that was passed in an Indian technical
corrections bill and signed into law on November 2, 1994.\6\
The 1994 amendment relinquished all future land claims by the
Grand Ronde Tribe in the State of Oregon, not just to the
``Thompson Strip.''
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\3\Pub. L. No. 100-425, 102 Stat. 1594 (1988).
\4\Through subsequent amendments to the 1988 Act, the Tribe's
reservation grew to 9,879 acres. In 1994, the Tribe's reservation
further expanded to 10,120 acres through Public Law 103-435.
\5\Federal Recognition of Indian Tribes: Hearing on H.R. 2549, H.R.
4462 and H.R. 4709 Before the House Subcommittee on Native American
Affairs of the House Committee on Natural Resources, 103 Cong. 104
(1994) (Statement of Mark Mercier).
\6\Pub. L. No. 103-435 (1994).
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NEED FOR LEGISLATION
S. 910 amends a 1994 amendment to the Grand Ronde
Reservation Act, which restricted the right of the Grande Ronde
Tribe to pursue land claims in the State of Oregon. S. 910
clarifies that the Tribe's land claims are extinguished only
for the 84-acre ``Thompson Strip'' and not the entire state of
Oregon.
SUMMARY OF THE BILL
S. 910 amends the Grand Ronde Reservation Act to clarify
that the Tribe only relinquished land claims within the 84
acres known as the Thompson Strip, and provides limitations on
the Tribe's ability to engage in class II or class III gaming.
LEGISLATIVE HISTORY
On March 22, 2023, Senators Merkley (D-OR) and Wyden (D-OR)
introduced S. 910, A bill to amend the Grand Ronde Reservation
Act, and for other purposes. On the same day, the Senate
referred the bill to the Committee on Indian Affairs. S. 910 is
identical to S. 559 that was favorably reported, without
amendment, by the Committee in the 117th Congress. On July 19,
2023, the Committee met at a duly convened business meeting to
consider S. 910. The Committee ordered S. 910 favorably
reported without amendment.
On March 22, 2023, Representatives Salinas (D-OR) Bonamici
(D-OR), Blumenauer (D-OR), Hoyle (D-OR), and Chavez-DeRemer (D-
OR) introduced identical legislation, H.R. 1722, which was
referred to the Committee on Natural Resources. Representative
Bentz (R-OR) later joined as a cosponsor on March 30, 2023. On
June 7, 2023, the House Committee on Natural Resources
Subcommittee on Indian and Insular Affairs held a hearing on
H.R. 1722. On July 26, 2023, the Committee favorably reported
H.R. 1722 without amendment by a vote of 32-0. On November 3,
2023, H.R. 1722 was placed on the Union Calendar. On November
6, 2023, Representative Westerman (D-AR) successfully moved to
suspend the rules and on November 8, 2023, H.R. 1722 passed the
House by voice vote.
117th Congress. On March 3, 2021, Senators Merkley (D-OR)
and Wyden (D-OR) introduced S. 559, A bill to amend the Grand
Ronde Reservation Act, and for other purposes. On the same day,
the Senate referred the bill to the Committee on Indian
Affairs. S. 559 was identical to its predecessor bill, S. 2716
as amended, that passed the Senate in the 116th Congress. On
March 10, 2021, at a duly convened business meeting, the
Committee considered and ordered S. 559 to be reported
favorably without amendment. On April 28, 2021, the Committee
reported S. 559 favorably without an amendment and the bill was
placed on the Senate Legislative Calendar. On May 26, 2021, the
Senate passed S. 559 without amendment by voice vote. S. 559
was received by the House of Representatives and held at the
desk on May 28, 2021. On February 2, 2022, the bill was
referred to the House Committee on Natural Resources. On April
27, 2022, the Subcommittee for Indigenous Peoples of the United
States held a hearing on S. 559. The House took no further
action on S. 559 in the 117th Congress.
On March 12, 2021, Representative Schrader (D-OR) Bonamici
(D-OR), DeFazio (D-OR), and Blumenauer (D-OR) introduced
identical legislation, H.R. 1891. On the same day, the bill was
referred to the House Committee on Natural Resources. On May
14, 2021, the bill was further referred to the House Committee
on Natural Resources Subcommittee for Indigenous Peoples of the
United States. The House took no further action on H.R. 4888
during the 117th Congress.
116th Congress. On October 28, 2019, Senators Merkley (D-
OR) and Wyden (D-OR) introduced S. 2716, A bill to amend the
Grand Ronde Reservation Act, and for other purposes, which was
referred the bill to the Committee on Indian Affairs. The
Committee held a hearing on S. 2716 on June 24, 2020. On July
29, 2020, the Committee met at a duly convened business meeting
and ordered favorably reported S. 2716, with amendment offered
by Senator Udall (D-NM) on behalf of Senator Merkley (D-OR).
Senator Udall's amendment made technical corrections to S. 2716
to align the bill with its House companion, H.R. 4888, by
further clarifying that any lands obtained from a land claim
settlement would not be eligible or used for gaming purposes
under the Indian Gaming Regulatory Act. On December 15, 2020,
the Committee favorably reported S. 2716, with amendment. On
December 20, 2020, the Senate passed S. 2716 with amendment by
unanimous consent. On December 21, 2020, S. 2716 was received
by the House of Representatives and held at the desk. The House
took no further action on S. 2716 prior to the conclusion of
the 116th Congress.
On October 28, 2019, Representatives Schrader (D-OR),
Bonamici (D-OR), DeFazio (D-OR), and Blumenauer (D-OR),
introduced H.R. 4888, A bill to amend the Grand Ronde
Reservation Act, and for other purposes, a bill similar to S.
2716. On the same day, the House referred H.R. 4888 to the
House Committee on Natural Resources. On November 12, 2019, the
bill was further referred to the House Committee on Natural
Resources Subcommittee for Indigenous Peoples of the United
States. The Subcommittee held a hearing on the H.R. 4888 on
February 5, 2020. The House took no further action on H.R. 4888
prior to the conclusion of the 116th Congress.
SECTION-BY-SECTION ANALYSIS OF S. 910 AS ORDERED REPORTED
Section 1--Grand Ronde Reservation Act amendments
This section amends section 1(d) of the Grand Ronde
Reservation Act by striking ``lands within the State of
Oregon'' and inserting ``the 84 acres known as the Thompson
Strip''. The section also redesignates paragraphs and inserts a
paragraph 2 which provides for a prohibition of Class II or
Class III gaming (as these terms are defined by section 4 of
the Indian Gaming Regulatory Act) on any lands obtained as part
of a land claim settlement for the Tribe.
Section 2--Treaty rights of federally recognized tribes
This section provides that nothing in this Act, or an
amendment made by this Act, shall be construed to enlarge,
confirm, adjudicate, affect, or modify any treaty right of an
Indian tribe (as defined by section 4 of the Indian Self-
Determination and Education Assistance Act).
COST AND BUDGETARY CONSIDERATIONS
S. 910 would revise the tribal land claims of the
Confederated Tribes of the Grand Ronde Community in Oregon that
were extinguished by the Grand Ronde Reservation Act. That act
authorized the Department of the Interior (DOI) to provide 240
acres of land to the tribes. In exchange, the tribes
relinquished their right to pursue claims to all other land
within the state. S. 910 would lower the amount of relinquished
land to a specific 84-acre parcel, which would allow the tribes
to acquire additional land in Oregon to which they have a valid
claim.
Using information from DOI, CBO estimates that the agency
would incur insignificant administrative costs to update
documents related to the affected land. Any spending would be
subject to the availability of appropriated funds.
S. 910 would impose an intergovernmental mandate--as
defined in the Unfunded Mandates Reform Act (UMRA)--on the
confederated tribes by prohibiting gaming on tribal land in
Oregon. That prohibition would apply to land obtained by the
tribe in a land claim settlement or purchased with funds from a
settlement. Because gaming on such land is currently allowed
under federal law, the proposed ban would be a mandate.
However, because gaming does not occur now on the tribal land
and the tribes have no plans to begin gaming activities on
those lands, the cost of the mandate would be small and below
the threshold established in UMRA ($99 million in 2023,
adjusted annually for inflation).
The bill contains no private-sector mandates as defined in
UMRA.
On September 22, 2023, CBO transmitted a cost estimate for
H.R. 1722, the Grand Ronde Reservation Act Amendment of 2023,
as ordered reported by the House Committee on Natural Resources
on July 26, 2023. The two bills are similar, and CBO's
estimates of their budgetary effects are the same.
The CBO staff contacts for this estimate are Julia Aman
(for federal costs) and Rachel Austin (for mandates). The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
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. 910 will
have minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 910.
CHANGES IN EXISTING LAW
On February 9, 2023, the Committee unanimously approved a
motion to waive subsection 12 of rule XXVI of the Standing
Rules of the Senate. In the opinion of the Committee, it is
necessary to dispense with subsection 12 of rule XXVI of the
Standing Rules of the Senate to expedite the business of the
Senate.