[House Report 110-274]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-274
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TO AUTHORIZE THE COQUILLE INDIAN TRIBE OF THE STATE OF OREGON TO CONVEY
LAND AND INTERESTS IN LAND OWNED BY THE TRIBE
_______
July 30, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 2863]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 2863) to authorize the Coquille Indian Tribe of the
State of Oregon to convey land and interests in land owned by
the Tribe, 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. LAND AND INTERESTS OF COQUILLE INDIAN TRIBE, OREGON.
(a) In General.--Subject to subsections (b), (c), and (d)
notwithstanding any other provision of law (including regulations), the
Coquille Indian Tribe of the State of Oregon (including any agent or
instrumentality of the Tribe) (referred to in this section as the
``Tribe''), may transfer, lease, encumber, or otherwise convey, without
further authorization or approval, all or any part of the Tribe's
interest in any real property that is not held in trust by the United
States for the benefit of the Tribe.
(b) Nonapplicability to Certain Conveyances.--Subsection (a) shall
not apply with respect to any transfer, encumbrance, lease, or other
conveyance of any land or interest in land of the Tribe that occurred
before January 1, 2007.
(c) Effect of Section.--Nothing in this section is intended to
authorize the Tribe to transfer, lease, encumber, or otherwise convey,
any lands, or any interest in any lands, that are held in trust by the
United States for the benefit of the Tribe.
(d) Liability.--The United States shall not be held liable to any
party (including the Tribe or any agent or instrumentality of the
Tribe) for any term of, or any loss resulting from the term of any
transfer, lease, encumbrance, or conveyance of land made pursuant to
this Act unless the United States or an agent or instrumentality of the
United States is a party to the transaction or the United States would
be liable pursuant to any other provision of law. This subsection shall
not apply to land transferred or conveyed by the Tribe to the United
States to be held in trust for the benefit of the Tribe.
PURPOSE OF THE BILL
The purpose of H.R. 2863 is to authorize the Coquille
Indian Tribe of the State of Oregon to convey land and
interests in land owned by the Tribe.
BACKGROUND AND NEED FOR LEGISLATION
The Coquille Indian Tribe is located near the eastern shore
of Coos Bay in southwest Oregon. The Tribe's land base consists
of approximately 6,400 acres of trust land and 200 acres of fee
land located in Coos, Curry, Lane, Douglas, and Jackson
Counties.
In 1992, the Tribe established the Coquille Economic
Development Corporation (CEDCO) to engage in economic
development ventures on behalf of the Tribe. One of CEDCO's
projects is the development of the 55-acre KoKwel Wharf
project. It will include a warehouse-style store, which will be
surrounded by more than 150,000 square feet of retail shops,
restaurants, and entertainment venues as well as a bay-front
walkway that will connect to the City of North Bend's urban
renewal project. The estimated cost of the project is
approximately $50 million. The project is supported by the
Coquille Tribe, the City of North Bend, and other local
government and business leaders.
Home Depot, the proposed anchor tenant, is planning a $17
million investment and a 130,000 square foot facility as part
of the project. But CEDCO and Home Depot's efforts are impeded
by the Non-Intercourse Act. Home Depot will not agree to sign a
commercial lease without Congressional approval. Rather than
amend the Non-Intercourse Act, this bill authorizes the Tribe
to convey land and interests in land thereby allowing the Tribe
to lease property to Home Depot and other potential tenants.
Because the land will continue to be held in fee, gaming may
not be conducted on this land.
Non-Intercourse Act (25 U.S.C. Sec. 177)
Originally enacted in 1790, the Non-Intercourse Act
reserves to the United States the exclusive right to acquire
Indian lands. The Act was intended to protect Indian tribes by
preventing the loss of their lands, except by treaty. It does
so by preventing the transfer, sale, lease, or other conveyance
of land owned by an Indian tribe to third parties without
federal approval. This prohibition applies to both trust and
fee lands, regardless of the source of money used to obtain the
lands. Finally, the Department of the Interior does not have
the authority to administratively waive the Non-Intercourse
Act.
Legislative history
H.R. 2863 was introduced by Representative DeFazio (D-OR)
on June 26, 2007 and was referred to the House Committee on
Natural Resources. A Senate companion bill, S.1286, was
introduced by Senator Smith (R-OR) on May 3, 2007 and referred
to the Senate Committee on Indian Affairs.
COMMITTEE ACTION
H.R. 2863 was introduced on June 26, 2007 by Representative
DeFazio (D-OR). The bill was referred to the Committee on
Natural Resources. On July 11, 2007, the full Natural Resources
Committee held a hearing on H.R. 2863, at which the Department
of the Interior testified in support of the measure with some
recommended changes. On July 18, 2007, the full Committee met
to consider the bill. Representative DeFazio (D-OR) offered an
amendment to incorporate the changes suggested by the
Department of the Interior. It clarifies that trust lands may
not be transferred, leased, encumbered, or otherwise conveyed
pursuant to this Act. The amendment also provides that the
federal government will not be liable for transactions between
the Tribe and third parties, unless otherwise liable under
another provision of law. It was adopted by unanimous consent.
The bill, as amended, was then ordered favorably reported to
the House of Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Land and interests of Coquille Indian Tribe, Oregon
Section 1 provides that the Tribe may transfer, lease,
encumber, or otherwise convey land, or any interest in land,
not held in trust by the United States for the benefit of the
Tribe. This Act does not apply to any transfer, encumbrance,
lease, or other conveyance of any land or interest in land of
the Tribe that occurred before January 1, 2007. Lastly, this
section provides that the United States will not be responsible
for losses resulting from transactions made pursuant to this
Act between the Tribe and third parties, unless otherwise
liable under another provision of law. The limitation on
liability also does not apply to any lands transferred by the
Tribe to the United States to be held in trust for the benefit
of the Tribe.
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.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. 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. 2863--A bill to authorize the Coquille Indian Tribe of the state
of Oregon to convey land and interests in land owned by the
tribe
H.R. 2863 would authorize the Coquille Indian Tribe to
lease or convey, without the approval of the Secretary of the
Interior, any land or interest in land owned by the Tribe and
not held in trust by the Untied States. Based on information
from the Bureau of Indian Affairs, CBO estimates that
implementing this bill would have no significant effect on the
federal budget.
The tribe purchased about 50 acres of land in North Bend,
Oregon, to lease or sell the property for retail development.
Currently, the Non-Intercourse Act prohibits the conveyance of
an interest in land from an Indian tribe without approval by
the Secretary. However, because of a dispute in the federal
courts, it is not clear whether the land specified under the
bill would be subject to this prohibition.
H.R. 2863 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The staff contact for this estimate is Leigh Angres. The
estimate was approved by Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 2863 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.