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February 29, 2000 CONGRESSIONAL RECORD—HOUSE 1631 very well administered. It has acquired County, Minnesota v. Leech Lake Band of GENERAL LEAVE this land and feels that, in order to re- Chippewa Indians. The brief observed that Mr. SHERWOOD. Madam Speaker, I move a cloud from title, this act of ‘‘[i]n recent times, Congress and the Executive ask unanimous consent that all Mem- Congress is necessary. Branch have assumed that the INA requires bers may have 5 legislative days within I would like to suggest to the sub- congressional approval of sales of all tribally which to revise and extend their re- committee that it consider legislation owned lands, whether or not those lands are marks and include extraneous material that deals with this type of situation within a reservation’’. [Brief of the United on H.R. 1749, S. 613, and H.R. 2484, the because I expect that the Lower Sioux States as Amicus Curiae, supporting Re- three bills just debated. community is not the only Native spondent, Case No. 97–174 (January, 1998), The SPEAKER pro tempore. Is there American group in the United States at 28 (footnote 13).] Congress repeatedly has objection to the request of the gen- that faces this type of obstacle, to the passed legislation allowing individual fee par- tleman from Pennsylvania? disposition of land, that it has pur- cels of tribal land to be sold. Congress has on There was no objection. chased which has not been in trust sta- several occasions in recent years adopted leg- tus which is off of its reservation area. islation similar to that which the Community f As we see here in the 21st century, we seeks. SPECIAL ORDERS For example, P.L. 86–505, § 1, 74 Stat. 199, have a number of Native American HERITAGE AND HORIZONS: THE authorizing the Navajo Tribe to dispose of its communities that are becoming more AFRICAN AMERICAN LEGACY prosperous. They are engaging in com- fee lands without federal approval; P.L. 101– 630, 104 Stat. 4531, authorizing the sale of a AND THE CHALLENGES OF THE merce. I think that it would certainly 21ST CENTURY facilitate the activities of these com- parcel of land owned in fee simple by the munities if, in these fairly well-defined Rumsey Indian Rancheria; P.L. 101–379, § 11, The SPEAKER pro tempore. Under situations where there is not a concern 104 Stat. 473, authorizing the Eastern Band of the Speaker’s announced policy of Jan- about any abuse in connection with the Cherokee Indians to convey a particular parcel uary 6, 1999, the gentlewoman from assets of the community, that they had of its fee land; P.L. 102–497, § 4, 106 Stat. Ohio (Mrs. JONES) is recognized for 60 the flexibility to, on their own, make 3255, authorizing the Mississippi Band of minutes as the designee of the minor- these transfers and not have the cloud Choctaw Indians to convey certain lands ity leader. on title that exists in situations such which it owned in fee. Mrs. JONES of Ohio. Madam Speak- as this one. The Supreme Court has never ruled that the er, it is always a great opportunity for I have worked with the community wording of the INA does not apply to fee me to have opportunity to address the in crafting this legislation, with the lands. In fact, in a case decided just last year, Congress in a special order, particu- administration, and also with the com- the Court made a point of saying that the larly when the gentlewoman from Mis- mittee and subcommittee staff. I would question is open: ‘‘This Court has never deter- souri (Mrs. EMERSON) is the Speaker like to express my appreciation to the mined whether the Indian Nonintercourse Act pro tempore. staff, members of both the committee . applies to land that has been rendered Our theme today is Heritage and Ho- and the subcommittee. alienable. Cass County v. Leech Lake rizons: The African American Legacy At the request of the Lower Sioux Indian Bank,’’ U.S., 118 S.Ct. 1904 (1998). The as- and the Challenges of the 21st Century. Community I have sponsored legislation that sumption has been, and still is, that the Act As we come to the close of the cele- would exempt land owned in fee by the Com- prevents the sale of fee land without congres- brated African American history munity from the effect of the Indian Noninter- sional approval. This is the legal position of month, it is a great opportunity for the course Act, 25 U.S.C. 177 (1994) (INA). In re- the United States, citing the amicus brief of Congressional Black Caucus to orga- cent years, the Community has acquired sev- the United States in the Cass County case. nize a special order to celebrate black eral parcels of property outside the boundaries And the Department of the Interior has taken history. I want to thank the gentleman of its Reservation. It is likely that not all of the position that it cannot not give the Lower from South Carolina (Chairman CLY- those parcels will not be needed for the devel- Sioux Community permission to sell fee land BURN) for designating me to organize opment which the Community contemplates. because Congress has not given the Depart- this special order. Therefore, the Community should have the ment that authority. I took up the mantle after my prede- Most importantly, purchasers assume that ability to dispose of any unneeded portions of cessor, the Congressman from the 11th the consent of Congress is required before fee land as and when appropriate purchasers Congressional District of Ohio, Con- tribal fee land can be sold. The effect of all may appear. At present it is unclear whether gressman Louis Stokes, who had this this is that the Lower Sioux Community is sty- responsibility for his 30 years in the INA prohibits such transactions absent an mied. The wording of the INA seems to say Act of Congress. It was this problem which Congress. that congressional permission is needed to The theme for this year’s Black His- prompted the Community to seek legislation sell fee land; the Justice Department acknowl- that will permit similar conveyances without re- tory Special Order is Heritage and Ho- edges that; the Department of the Interior ac- rizons: The African American Legacy sorting to the cumbersome and time-con- knowledges that; Congress has acknowledged and the Challenges of the 21st Century. suming legislative process each time an indi- that; and purchasers acknowledge that. This As we embark upon a new millen- vidual sale is agreed to. bill will solve that problem for the Lower Sioux nium, I believe it painful and powerful The terms of the INA does not distinguish Indian Community. This is a matter of fairness. between fee land and trust land. My bill states Mr. FALEOMAVAEGA. Madam that this theme allows us to pay trib- that ‘‘No conveyance of lands from any tribe of Speaker, I have no further speakers, ute to our past and allows us to make Indians shall be of any validity unless the and I yield back the balance of my plans for our future. The question is same be made by treaty or convention en- time. how do we plan for our future. One way tered into pursuant to the Constitution.’’ In the Mr. SHERWOOD. Madam Speaker, I is to plan for our future by giving trib- past, this has been interpreted to mean that yield back the balance of my time. ute to our past, learning the lessons of Congress must either give direct approval or The SPEAKER pro tempore (Mrs. our past and paying tribute to our suc- must establish the process for giving such ap- EMERSON). The question is on the mo- cesses as a people. proval. Although Congress has allowed the tion offered by the gentleman from I believe the past can serve as a blue- Secretary of the Interior to approve the con- Pennsylvania (Mr. SHERWOOD) that the print for future generations on how to veyance of lands owned in trust for tribes by House suspend the rules and pass the get things done. the United States, Congress has never set up bill, H.R. 2484. There are many events that have any process for approving the conveyance of The question was taken; and (two- shaped and defined the African Amer- fee lands. thirds having voted in favor thereof) ican experience in America today that The ‘‘clouding’’ effect of the INA is illustrated the rules were suspended and the bill never should be forgotten. What should in a discussion contained in a brief filed with was passed. never be forgotten is the sacrifice that the United States Supreme Court by the A motion to reconsider was laid on others have made to ensure future gen- United States Department of Justice, in Cass the table. erations’ success. VerDate May 21 2004 17:37 Aug 04, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR00\H29FE0.000 H29FE0 1632 CONGRESSIONAL RECORD—HOUSE February 29, 2000 For that reason, I have chosen to tory in 1967 when he was elected mayor Intelligence. In the 99th Congress, Rep- highlight my predecessor, the former of Cleveland, serving with distinction resentative Stokes was elected chair- Representative, Congressman Louis as the first black mayor of a major man of the Subcommittee on Program Stokes. He retired from Congress on American city. Carl Stokes also en- and Budget Authorization for the com- January 2, 1999. He currently serves as joyed a career as an award-winning mittee.

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