Pub.L. 107-103 To amend title 38, United States Code, to modify and improve authorities ...

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Public Law 107-102
107th Congress

                                 An Act


 
 Regarding the use of the trust land and resources of the Confederated 
   Tribes of the Warm Springs Reservation of Oregon. <<NOTE: Dec. 27, 
                          2001 -  [H.R. 483]>> 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES.

    The first section of the Act entitled ``An Act to authorize the 
leasing of restricted Indian lands for public, religious, educational, 
residential, business, and other purposes requiring the grant of long-
term leases'', approved August 9, 1955 (25 U.S.C. 415(a)), is amended--
            (1) by inserting ``, the reservation of the Confederated 
        Tribes of the Warm Springs Reservation of Oregon,'' after 
        ``Spanish Grant'')''; and
            (2) by inserting ``lands held in trust for the Confederated 
        Tribes of the Warm Springs Reservation of Oregon'' before ``, 
        lands held in trust for the Cherokee Nation of Oklahoma''.

SEC. 2. USE OF CERTAIN TRUST LANDS AND RESOURCES FOR ECONOMIC 
            DEVELOPMENT.

    (a) Approval of Agreement.--The use of tribal lands, resources, and 
other assets described in the document entitled ``Long-Term Global 
Settlement and Compensation Agreement'', dated April 12, 2000 (hereafter 
referred to as the ``GSA''), entered into by the Department of the 
Interior, the Confederated Tribes of the Warm Springs Reservation of 
Oregon (in this section referred to as the ``Tribes''), and the Portland 
General Electric Company, and in the Included Agreements, as attached to 
the GSA on April 12, 2000, and delivered to the Department of the 
Interior on that date, is approved and ratified. The authorization, 
execution, and delivery of the GSA is approved. In this section, the GSA 
and the Included Agreements are collectively referred to as the 
``Agreement''. Any provision of Federal law which applies to tribal 
land, resources, or other assets (including proceeds derived therefrom) 
as a consequence of the Tribes' status as a federally recognized Indian 
tribe shall not--
            (1) render the Agreement unenforceable or void against the 
        parties; or
            (2) prevent or restrict the Tribes from pledging, 
        encumbering, or using funds or other assets that may be paid to 
        or received by or on behalf of the Tribes in connection with the 
        Agreement.

    (b) Authority of Secretary.--
            (1) In general.--Congress hereby deems that the Secretary of 
        the Interior had and has the authority--
                    (A) to approve the Agreement; and
                    (B) to implement the provisions of the Agreement 
                under which the Secretary has obligations as a party 
                thereto.
            (2) Other agreements.--Any agreement approved by the 
        Secretary prior to or after the date of the enactment of this 
        Act under the authority used to approve the Agreement shall not 
        require Congressional approval or ratification to be valid and 
        binding on the parties thereto.

    (c) Rules of Construction.--
            (1) Scope of section.--This section shall be construed as 
        addressing only--
                    (A) the validity and enforceability of the Agreement 
                with respect to provisions of Federal law referred to in 
                section 2(a) of this Act; and
                    (B) approval for provisions of the Agreement and 
                actions that are necessary to implement provisions of 
                the Agreement that the parties may be required to obtain 
                under Federal laws referred to in section 2(a) of this 
                Act.
            (2) Authority.--Nothing in this Act shall be construed to 
        imply that the Secretary of the Interior did not have the 
        authority under Federal law as in effect immediately before the 
        enactment of this Act to approve the use of tribal lands, 
        resources, or other assets in the manner described in the 
        Agreement or in the implementation thereof.

SEC. 3. EFFECTIVE DATE. <<NOTE: 25 USC 415 note.>> 

    This Act shall take effect as of April 12, 2000.

    Approved December 27, 2001.

LEGISLATIVE HISTORY--H.R. 483:
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HOUSE REPORTS: No. 107-257 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 147 (2001):
            Oct. 30, considered and passed House.
            Dec. 13, considered and passed Senate.

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