NORTH BEND - Officials from the Coquille Economic Development Corp. and one chain store breathed a sigh of relief Monday when President Bush signed a bill flattening an obstacle to their plans for a retail center.

Introduced by Rep. Peter DeFazio, D-Ore., H.R. 2863 creates an exception to the 200-year-old Indian Nonintercourse Act, which prevents tribes from entering into land deals without the federal government as a party. Through the bill's passage, CEDCO, the business arm of the Coquille Indian Tribe, will be able to lease land to Home Depot and begin construction on the Ko Kwel Wharf project.

A 50.5-acre mixed-retail and entertainment development, shopping center will be located north of The Mill Casino-Hotel on the North Bend waterfront, with Home Depot serving as the cornerstone and focal point.

Sen. Gordon Smith, R-Ore., introduced a similar bill, S.B. 1286, in to the U.S. Senate on May 3, but DeFazio's measure beat his to the finish line.

“Doing any kind of project is a lot of hard work, but when you literally have to get an act of Congress to get it going, it just makes it that much more difficult,” said Brady Scott, CEDCO's chief executive officer. “To set out eight months ago to clear this hurdle and to be able to come through like this - like I said, we couldn't be more pleased.”

CEDCO and Home Depot officials have almost completed negotiations and will soon execute a lease agreement, Scott said. While he was not sure when construction would begin on the store and development, he said planners may wait until the area has dried out after what will likely be a wet winter.

“There is no doubt in my mind that this will happen and become part of our project,” Scott said.

Although his bill was signed, DeFazio said more should be done to overturn the antiquated law, and plans to get Congress to review the Indian Nonintercourse Act more generally so other tribes won't run into similar roadblocks.

“It's astonishing that the tribe couldn't have gone forward with this project, with tremendous community support, something that makes so much sense for the tribe, so much sense for the community in terms of economic development and opportunity and redevelopment of an eyesore, without an act of Congress,” DeFazio said. “But I'm pleased that we're able to get it done. I'm pleased that the project can go forward without any legal clouds hanging over it.”

Brian Cannard, the real estate manager for Home Depot's Northwest Division, said with the passage of the bill the chain and CEDCO are just about ready to start construction. Without the exception, a lease agreement between the two parties might not have been legal. Details such as completing a final design for a traffic signal for the development and railroad track improvements are still being worked out, he said.

“... If everyone works cooperatively, we should be able to get there,” Cannard said.