
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC711e]

 
                            TITLE 25--INDIANS
 
                        CHAPTER 14--MISCELLANEOUS
 
     SUBCHAPTER XXX-A--SILETZ INDIAN TRIBE: RESTORATION OF FEDERAL 
                               SUPERVISION
 
Sec. 711e. Reservation


(a) Establishment

    Any reservation for the tribe shall be established by an Act of 
Congress enacted after November 18, 1977.

(b) Plan; negotiation with tribe; approval by tribal officials; 
        submittal to Congress

    Inasmuch as the reservation of the tribe has been terminated, the 
Secretary shall negotiate with the tribe, or with representatives of the 
tribe chosen by the tribe, concerning the establishment of a reservation 
for the tribe and shall, in accordance with subsections (c) and (d) of 
this section and within two years after November 18, 1977, develop a 
plan for the establishment of a reservation for the tribe. Upon approval 
of such plan by the tribal officials elected under the tribal 
constitution and bylaws adopted pursuant to section 711d of this title, 
the Secretary shall submit such plan, in the form of proposed 
legislation, to the Congress.

(c) Notification and consultation

    To assure that legitimate State and local interests are not 
prejudiced by the creation of a reservation for the tribe, the 
Secretary, in developing a plan under subsection (b) of this section for 
the establishment of a reservation, shall notify and consult with all 
appropriate officials of the State of Oregon, all appropriate local 
governmental officials in the State of Oregon and any other interested 
parties. Such consultation shall include the following subjects:
        (1) the size and location of the reservation;
        (2) the effect the establishment of the reservation would have 
    on State and local tax revenues;
        (3) the criminal and civil jurisdiction of the State of Oregon 
    with respect to the reservation and persons on the reservation;
        (4) hunting, fishing, and trapping rights of the tribe and 
    members of the tribe, on the reservation;
        (5) the provision of State and local services to the reservation 
    and to the tribe and members of the tribe on the reservation; and
        (6) the provision of Federal services to the reservation and to 
    the tribe and members of the tribe and the provision of services by 
    the tribe to members of the tribe.

(d) Provisions of plan

    Any plan developed under this section for the establishment of a 
reservation for the tribe shall provide that--
        (1) any real property transferred by the tribe or members of the 
    tribe to the Secretary shall be taken in the name of the United 
    States in trust for the benefit of the tribe and shall be the 
    reservation for the tribe;
        (2) the establishment of such a reservation will not grant or 
    restore to the tribe or any member of the tribe any hunting, 
    fishing, or trapping right of any nature, including any indirect or 
    procedural right or advantage, on such reservation;
        (3) the Secretary shall not accept any real property in trust 
    for the benefit of the tribe or its members unless such real 
    property is located within Lincoln County, State of Oregon;
        (4) any real property taken in trust by the Secretary for the 
    benefit of the tribe or its members shall be subject to all rights 
    existing at the time such property is taken in trust, including 
    liens, outstanding Federal, State, and local taxes, mortgages, 
    outstanding indebtedness of any kind, easements, and all other 
    obligations, and shall be subject to foreclosure and sale in 
    accordance with the laws of the State of Oregon;
        (5) the transfer of any real property to the Secretary in trust 
    for the benefit of the tribe or its members shall be exempt from all 
    Federal, State, and local taxation, and all such real property 
    shall, as of the date of such transfer, be exempt from Federal, 
    State, and local taxation; and
        (6) the State of Oregon shall have civil and criminal 
    jurisdiction with respect to the reservation and persons on the 
    reservation in accordance with section 1360 of title 28 and section 
    1162 of title 18.

(e) Statement

    The Secretary shall append to the plan a detailed statement 
describing the manner in which the notification and consultation 
prescribed by subsection (c) of this section was carried out and shall 
include any written comments with respect to the establishment of a 
reservation for the tribe submitted to the Secretary by State and local 
officials and other interested parties in the course of such 
consultation.

(Pub. L. 95-195, Sec. 7, Nov. 18, 1977, 91 Stat. 1418.)


     Authority To Erect Permanent Improvements on Land Acquired for 
             Confederated Tribes of Siletz Indians of Oregon

    Pub. L. 97-38, Aug. 14, 1981, 95 Stat. 938, provided: ``That, 
notwithstanding any other provision of law or regulation, the Attorney 
General shall approve any deed or other instrument which--
        ``(1) conveys to the United States the land described in section 
    2 of the Act entitled `An Act to establish a reservation for the 
    Confederated Tribes of Siletz Indians of Oregon', approved September 
    4, 1980 (94 Stat. 1073) [set out below], and
        ``(2) incorporates by reference the terms of the agreement 
    entered into on September 18, 1980, by the city of Siletz, Oregon, 
    the Confederated Tribes of Siletz Indians of Oregon, and the United 
    States of America.
The Secretary of the Interior or the Confederated Tribes of Siletz 
Indians of Oregon may erect permanent improvements, improvements of a 
substantial value, or any other improvements authorized by law on such 
land after such land is conveyed to the United States.''


 Establishment of Reservation for Confederated Tribes of Siletz Indians 
                                of Oregon

    Pub. L. 96-340, Sept. 4, 1980, 94 Stat. 1072, as amended by Pub. L. 
103-435, Sec. 3, Nov. 2, 1994, 108 Stat. 4567; Pub. L. 105-256, Sec. 7, 
Oct. 14, 1998, 112 Stat. 1897, established a reservation for the 
Confederated Tribes of Siletz Indians of Oregon, particularly 
describing, subject to all valid liens, rights-of-way, agreements, 
licenses, permits, and easements as of Sept. 4, 1980, the parcel of 
land, consisting of approximately 3,630 acres in the State of Oregon as 
well as other parcels of land to be conveyed to the Secretary of the 
Interior, to be held in trust for the Confederated Tribes of Siletz 
Indians of Oregon, with all parcels of land subject to the provisions of 
section 461 et seq. of this title and the right of the Secretary of the 
Interior to establish, without compensation to such tribes, reasonable 
rights-of-way and easements to provide access to other Federal lands, no 
new or additional hunting, fishing, or trapping rights beyond the rights 
declared in the final judgment of the United States District Court in 
the action entitled Confederated Tribes of Siletz Indians of Oregon 
against State of Oregon, entered on May 2, 1980, be deemed, granted, or 
restored to the tribe or any member of the tribe, and civil and criminal 
jurisdiction, in accordance with section 1360 of Title 28, Judiciary and 
Judicial Procedure, and section 1162 of Title 18, Crimes and Criminal 
Procedure, to reside with the State of Oregon with respect to the 
reservation and any individual on the reservation.
