Northwest tribes used to need an act of Congress to develop property bought privately.
But now a bill to eliminate that arduous process sits on President Donald Trump's desk awaiting his signature. The measure would allow five Oregon tribes to lease, finance and sell property as any other company or person in the U.S.
Tribal land falls into two categories. Trust land, including reservations, is the most commonly known. The federal government is the trustee of those lands through the Bureau of Indian Affairs.
But tribes are also sovereign nations and can buy, develop and sell land outside the reservation, which is not controlled by the federal government. To do that, the tribes often run into the Indian Non-Intercourse Act, an unfortunately named law that requires tribes to obtain federal approval to purchase, sell, convey, warrant or lease lands they own privately.
That can be an expensive and time-consuming process for both the tribal officials who must lobby their lawmakers and navigate the legal and political process, as well as the sellers, buyers and financing companies the tribes work with.
Rob Greene, an attorney for the Confederated Tribes of Grand Ronde, said such issues have the power to stall or derail developments.
The hold-up can come when the initial sale is being processed. A seller or financier might see that they are doing business with a tribe and conclude that the Bureau of Indian Affairs needs to sign off. But when the bureau says it is not involved, progress can come to a standstill as the tribes and private companies figure out where to turn.
Greene said the Grand Ronde hasn't run into this problem, but the tribe has purchased land off its reservation and is looking for development opportunities.
"We saw this does happen, and we wanted to avoid that because we are involved in off-reservation projects and it's better to deal with it today than when you're trying to close a transaction," Greene said.
In Coos County, the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians did run into problems.
"This bill advances the potential for economic development for tribes in Oregon by strengthening our self-sufficiency and self-determination and ensuring the equality of tribes to buy and sell fee lands like other Americans," said Chief Warren Brainard of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians.
Members of Oregon's congressional delegation helped push the bill, including Sens. Ron Wyden and Jeff Merkley, both Democrats; Republican Rep. Greg Walden; and Rep. Peter DeFazio, a Democrat. It carves out exemptions to current federal law for the Grand Ronde and Coos, Lower Umpqua and Siuslaw; Confederated Tribes of Siletz Indians of Oregon; Confederated Tribes of Warm Springs; and the Cow Creek Band of Umpqua Tribe of Indians.
"Throughout our nation's history, our terrible federal Indian policy has decimated tribes not only through displacement, but through economic discrimination as well," DeFazio said. "I'm proud to help right a historic wrong by exempting the Coos from its unnecessary restrictions."
-- Molly Harbarger
mharbarger@oregonian.com
503-294-5923
@MollyHarbarger