S-5440-119
Read twice and referred to the Committee on Indian Affairs.
Sponsored by Jeff Merkley (D-OR)
What it does
The bill would move administration of about 18,628 acres of federal land from the Agriculture Department to the Interior Department and would place the land in trust for the Confederated Tribes of the Grand Ronde Community of Oregon as part of its reservation. The transfer is subject to valid existing rights, and the trust status would take effect the day after the Interior Secretary records an access agreement with the Tribes. The bill would bar class II and class III gaming on the land, apply federal log-export rules, exempt the land from certain federal land use planning laws, and keep it open to the public for hunting, fishing, and recreation, though the Tribes may restrict access for safety, administration, wildlife management, or emergencies.
Who benefits
The Confederated Tribes of the Grand Ronde, which would gain trust land, timber and subsurface interests, and management control within their reservation. Tribal members who may gain economic, cultural, and self-governance opportunities. Hunters, anglers, and recreational users, who would keep public access under the bill's terms. Local communities that may benefit from continued access rights and defined forest management rules.
Who is hurt
The Forest Service, which would lose management of the acreage. Timber operators and local governments that rely on federal timber sales or federal land status, and that may see changes in harvest availability or revenue. Recreational users, who could face closures because the Tribes may restrict access for stated reasons. Federal taxpayers bear Interior administrative and survey costs. Neighbors and interest groups who lose the federal planning and public-process requirements that would no longer apply.
Supporters argue
Supporters argue the transfer returns part of the Tribes' historic homeland to tribal stewardship and supports self-governance in managing forests adjacent to the existing reservation. They contend the bill's safeguards address common concerns, since it bars gaming, keeps federal log-export limits, requires forest management under federal and tribal law, and preserves public hunting, fishing, and recreation access.
Opponents argue
Opponents argue the transfer removes a large block of national forest land from federal management and from federal planning requirements, reducing public input on its future use. They contend the Tribes' authority to restrict public access, the loss of federal timber and recreation programs, and uncertain effects on local timber economies and county revenues warrant more review and stronger guarantees.
Constitutional context
Congress has authority over federal property under the Property Clause (Art. IV, §3, cl. 2) and over Indian affairs under the Indian Commerce Clause (Art. I, §8, cl. 3). United States v. Sioux Nation (1980) recognized broad congressional power over tribal lands. Land held in trust raises no clear constitutional problem.
Checks and balances
Congress directly decides the transfer, shifting authority from the Agriculture Department to the Interior Department and the Tribes; checks include the Senate Indian Affairs Committee review, Interior's survey and agreement duties, and continued application of federal forest and log-export laws.
Historical precedent
Congress has previously placed federal land into trust for Oregon tribes by statute, such as the Grand Ronde Reservation Act of 1988 and the Cow Creek and Coquille land legislation, often with gaming limits.