H.R. 3878 (112th): Chemawa Indian School Trust Transfer and Self-Determination Act of 2012

112th Congress, 2011–2013. Text as of Feb 01, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 3878

IN THE HOUSE OF REPRESENTATIVES

February 1, 2012

introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To authorize the Secretary of the Interior to hold in trust for the benefit of the nine federally recognized Indian tribes in Oregon the Chemawa Indian School land and improvements, and for other purposes.

1.

Short title; findings

(a)

Short title

This Act may be cited as the Chemawa Indian School Trust Transfer and Self-Determination Act of 2012.

(b)

Findings

Congress finds the following:

(1)

The Chemawa Indian School, originally opened in Forest Grove, Oregon, in 1880, is the longest continuously operating off-reservation boarding school for Indian children in the United States.

(2)

Circa 1885, Chemawa Indian School students and staff donated significant resources toward the purchase of the Salem, Oregon, school property and expressed a desire that the school lands and buildings belong to the Indians.

(3)

All the land purchased for the Chemawa Indian School was deeded directly to the Federal Government, has never been converted to trust status, and is not considered Indian country under title 18, United States Code.

(4)

The land that comprises the Chemawa Indian School is now managed by the General Services Administration.

(5)

As much as one-third of the Chemawa Indian School property has been sold or transferred by the Federal Government for various purposes, without direct benefit to the Chemawa students and without input from the Oregon tribes regarding whether such sales or transfers would affect the mission of the Chemawa Indian School or whether the property could be used for other Indian purposes.

(6)

Consistent with principles of tribal self-determination, decisions about the operation and future of the Chemawa Indian school, lands, and purposes should be under the control and authority of the Oregon tribes.

(7)

Resolutions supporting the transfer of the Chemawa Indian School into trust status for the benefit of the federally recognized Indian tribes in Oregon have been passed by the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes of Siletz Indians of Oregon, the Confederated Tribes of the Umatilla Indian Reservation, the Coquille Indian Tribe, the Confederated Tribes of Coos, the Lower Umpqua and Siuslaw Indians, the Klamath Tribes, the Cow Creek Band of Umpqua Indians, the Burns Paiute Tribe, the Chemawa Indian School Board, the Affiliated Tribes of Northwest Indians, and the National Congress of American Indians.

2.

Chemawa Indian School and Chemawa Cemetery land held in trust for benefit of Oregon tribes

(a)

Transfer of administration and authorization to hold in trust

(1)

Transfer of administrative jurisdiction from the General Services Administration

The Administrator of the General Services Administration shall transfer to the Secretary, without reimbursement, administrative jurisdiction over the land described in subsection (b).

(2)

Holding in trust by Secretary

Upon completion of the transfer of administrative jurisdiction under paragraph (1) and subject to any existing encumbrances, rights of way, restrictions, easements of record, or utility service agreements in effect on the date of the enactment of this Act with respect to the land described in subsection (b), the Secretary shall hold in trust for the benefit of the Oregon tribes the land described in subsection (b).

(3)

Limitation

Nothing in this subsection shall be construed to prevent the future removal of the encumbrances referred to in paragraph (2).

(b)

Land description

(1)

In general

The land to be held in trust under subsection (a) is the land and improvements owned by the United States and occupied by the Chemawa Indian School in Salem, Oregon, including the cemeteries on such land, but excluding the approximately 1.4 acres comprising the former Indian Health Service School Clinic that is located within the following sections:

(A)

Section 36 of township 6 south, range 3 west.

(B)

Section 31 of township 6 south, range 2 west.

(C)

Section 1 of township 7 south, range 3 west.

(D)

Section 6 of township 7 south, range 2 west.

(2)

Survey

(A)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary shall conduct a survey of the trust land.

(B)

Adjustment

Upon completion of the survey conducted under subparagraph (A), the Secretary shall provide an opportunity for public notice and comment on the survey, including comments on any survey revision or adjustment. After the revisions or adjustments have been completed, the Secretary shall provide notice to the Board of Trustees that the survey has been completed.

(C)

Availability of survey

The Secretary shall place a copy of the completed survey on file for public inspection at the appropriate office of the Secretary. The survey placed on file shall thereafter be the official survey and legal description of the Chemawa Indian School property and the Chemawa Cemetery property.

(c)

Condition

(1)

Use of land

As a condition of the Secretary holding the trust land in trust, the Oregon tribes shall agree that such land shall be used—

(A)

in the case of land that is Chemawa Indian School property only for—

(i)

Indian educational purposes;

(ii)

the direct support of the educational programs and services carried out on such land and other activities that support Indian education carried out on such land;

(iii)

the cultural benefit of the Oregon tribes; and

(iv)

any other purpose authorized by the Board of Trustees and approved by the Secretary; and

(B)

in the case of land that is Chemawa Cemetery property, only for cemetery purposes.

(2)

Noncompliance

If the Secretary determines that the trust land is not being used for the purposes described in paragraph (1), the Secretary may initiate any remedial action the Secretary determines is appropriate, including seeking injunctive relief.

(3)

Prohibition on gaming

As a condition of the Secretary holding the trust land in trust, the Oregon tribes shall agree that such land shall not be used to conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission.

3.

Board of Trustees

(a)

Establishment

Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a Chemawa Indian School Board of Trustees.

(b)

Composition

The Board of Trustees shall be composed of nine trustees and two adjunct trustee advisors appointed as follows:

(1)

Each of the Oregon tribes shall appoint one trustee.

(2)

One adjunct trustee advisor shall be appointed by the Secretary to jointly represent Indian tribes from each of the following Bureau of Indian Affairs Regions:

(A)

The Alaska Region.

(B)

The Northwest Region.

(C)

The Pacific Region.

(D)

The Rocky Mountain Region.

(E)

The Great Plains Region.

(F)

The Midwest Region.

(3)

One adjunct trustee advisor shall be appointed by the Secretary to jointly represent tribes from the following Bureau of Indian Affairs Regions:

(A)

The Western Region.

(B)

The Navajo Region.

(C)

The Southwest Region.

(D)

The Eastern Oklahoma Region.

(E)

The Southern Plains Region.

(F)

The Eastern Region.

(c)

Terms

(1)

Trustees

(A)

In general

Each trustee shall be appointed for a term of six years except as provided in subparagraph (B).

(B)

Terms of initial appointees

As designated by the Oregon tribes at the time of appointment, of the trustees first appointed—

(i)

one trustee shall be appointed for a term of two years;

(ii)

two trustees shall be appointed for a term of three years;

(iii)

two trustees shall be appointed for a term of four years;

(iv)

two trustees shall be appointed for a term of five years; and

(v)

two trustees shall be appointed for a term of six years.

(2)

Adjunct trustee advisors

(A)

In general

Each adjunct trustee advisor shall be appointed for a term of six years, except as provided in subparagraph (B).

(B)

Terms of initial appointees

As designated by the Secretary at the time of appointment, of the adjunct trustee advisors first appointed—

(i)

one adjunct trustee advisor shall be appointed for a term of three years; and

(ii)

one adjunct trustee advisor shall be appointed for a term of six years.

(d)

Quorums and voting

(1)

Quorum

Five trustees shall constitute a quorum to conduct the business of the Board of Trustees.

(2)

Voting

(A)

Voting rights

Each trustee shall have one vote and an adjunct trustee advisor may not vote.

(B)

Super-majority required

Adoption of any action by the Board of Trustees involving a material change or decision with respect to the use, protection, or development of any of the trust land, or a material change in the status of the educational institution operating on or activities conducted on such land shall require the affirmative votes of at least seven trustees voting in the majority.

(e)

Duties and responsibilities

(1)

Trustees

Subject to any regulations that may be issued by the Secretary with respect to the trust land, the Board of Trustees shall—

(A)

establish protocols and procedures for the organization and operation of the Board of Trustees;

(B)

during such time as the Secretary directly operates a school on such land, coordinate with the Chemawa School Board regarding the organization and operation of such School Board;

(C)

serve as the beneficiary of such land regarding decisions made by the United States with respect to the management, use, protection, and development of such land; and

(D)

provide guidance and leadership relating to the long-term welfare of such land and the Indian educational and cultural functions conducted on such land.

(2)

Adjunct trustee advisors

Adjunct trustee advisors shall advise the Board of Trustees on how the use, operation, protection, or development of the trust land affects the Chemawa Indian School students from the Bureau of Indian Affairs Regions the adjunct trustee advisors represent.

(f)

Termination

Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Board of Trustees.

4.

Operation of Chemawa Indian School

(a)

Operation by the Secretary

The Secretary shall directly operate the Chemawa Indian School unless the Board of Trustees assumes operation of the school as described in subsection (b).

(b)

Self-Determination contract or self-Governance compact with the Secretary

The Board of Trustees may assume operation of the Chemawa Indian School or use the trust land for any use specified in section 2(c) if the Board of Trustees, acting with the approval of a super-majority of the Board of Trustees as provided in section 3(d)(2), enters into a self-determination contract or self-governance compact with the Secretary under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.) with respect to such assumption or use.

(c)

Educational activities

(1)

The Board of Trustees may undertake or authorize any educational activity on the trust land during the operation of the Chemawa Indian School by the Secretary if such activity does not interfere with such operation.

(2)

If the Board of Trustees assumes the operation of the School under an Indian self-determination contract or self-governance compact as described in subsection (b), the Board of Trustees may undertake or authorize any educational activity the Board of Trustees determines is appropriate.

5.

Use of the Chemawa Indian school land if not needed for education purposes

(a)

In general

If the Secretary determines, after consultation with the Board of Trustees, that the portion of the trust land occupied by the Chemawa Indian School is no longer needed for Indian education purposes, the Secretary shall certify that the land is not needed for such purposes.

(b)

Use by tribes

Notwithstanding the conditions on the use of the trust land specified in section 2(c), if the Secretary makes the certification under subsection (a), the Board of Trustees shall require that such land be used for the collective benefit of the Oregon tribes.

6.

Definitions

In this Act:

(1)

Board of Trustees

The term Board of Trustees means the Chemawa Indian School Board of Trustees established in section 3.

(2)

Oregon tribes

The term Oregon tribes means the following federally recognized Indian tribes in Oregon:

(A)

Burns Paiute Tribe.

(B)

Coquille Indian Tribe.

(C)

Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians.

(D)

Confederated Tribes of the Grand Ronde Community of Oregon.

(E)

Confederated Tribes of Siletz Indians of Oregon.

(F)

Confederated Tribes of the Warm Springs Reservation of Oregon.

(G)

Confederated Tribes of the Umatilla Indian Reservation.

(H)

Cow Creek Band of Umpqua Tribe of Indians.

(I)

Klamath Tribes.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

(4)

Trust land

The term trust land means the land described in section 2(b)(1).