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Congressional Record—House H522 H522 CONGRESSIONAL RECORD Ð HOUSE February 29, 2000 because I expect that the Lower Sioux passed legislation allowing individual fee par- There was no objection. community is not the only Native cels of tribal land to be sold. Congress has on f American group in the United States several occasions in recent years adopted leg- SPECIAL ORDERS that faces this type of obstacle to the islation similar to that which the Community disposition of land that it has pur- seeks. HERITAGE AND HORIZONS: THE chased which has not been in trust sta- For example, P.L. 86±505, § 1, 74 Stat. 199, AFRICAN AMERICAN LEGACY tus which is off of its reservation area. authorizing the Navajo Tribe to dispose of its AND THE CHALLENGES OF THE As we see here in the 21st century, we fee lands without federal approval; P.L. 101± 21ST CENTURY have a number of Native American 630, 104 Stat. 4531, authorizing the sale of a The SPEAKER pro tempore. Under communities that are becoming more parcel of land owned in fee simple by the the Speaker's announced policy of Jan- prosperous. They are engaging in com- Rumsey Indian Rancheria; P.L. 101±379, § 11, uary 6, 1999, the gentlewoman from merce. I think that it would certainly 104 Stat. 473, authorizing the Eastern Band of Ohio (Mrs. JONES) is recognized for 60 facilitate the activities of these com- Cherokee Indians to convey a particular parcel minutes as the designee of the minor- munities if, in these fairly well-defined of its fee land; P.L. 102±497, § 4, 106 Stat. ity leader. situations where there is not a concern 3255, authorizing the Mississippi Band of Mrs. JONES of Ohio. Madam Speak- about any abuse in connection with the Choctaw Indians to convey certain lands er, it is always a great opportunity for assets of the community, that they had which it owned in fee. me to have opportunity to address the the flexibility to, on their own, make The Supreme Court has never ruled that the Congress in a special order, particu- these transfers and not have the cloud wording of the INA does not apply to fee larly when the gentlewoman from Mis- on title that exists in situations such lands. In fact, in a case decided just last year, souri (Mrs. EMERSON) is the Speaker as this one. the Court made a point of saying that the pro tempore. I have worked with the community question is open: ``This Court has never deter- Our theme today is Heritage and Ho- in crafting this legislation, with the mined whether the Indian Nonintercourse Act rizons: The African American Legacy administration, and also with the com- . applies to land that has been rendered and the Challenges of the 21st Century. mittee and subcommittee staff. I would alienable. Cass County v. Leech Lake As we come to the close of the cele- like to express my appreciation to the Bank,'' U.S., 118 S.Ct. 1904 (1998). The as- brated African American history staff, members of both the committee sumption has been, and still is, that the Act month, it is a great opportunity for the and the subcommittee. prevents the sale of fee land without congres- Congressional Black Caucus to orga- At the request of the Lower Sioux Indian sional approval. This is the legal position of nize a special order to celebrate black Community I have sponsored legislation that the United States, citing the amicus brief of history. I want to thank the gentleman would exempt land owned in fee by the Com- the United States in the Cass County case. from South Carolina (Chairman CLY- munity from the effect of the Indian Noninter- And the Department of the Interior has taken BURN) for designating me to organize course Act, 25 U.S.C. 177 (1994) (INA). In re- the position that it cannot not give the Lower this special order. cent years, the Community has acquired sev- Sioux Community permission to sell fee land I took up the mantle after my prede- eral parcels of property outside the boundaries because Congress has not given the Depart- cessor, the Congressman from the 11th of its Reservation. It is likely that not all of ment that authority. Congressional District of Ohio, Con- those parcels will not be needed for the devel- Most importantly, purchasers assume that gressman Louis Stokes, who had this opment which the Community contemplates. the consent of Congress is required before responsibility for his 30 years in Therefore, the Community should have the tribal fee land can be sold. The effect of all Congress. ability to dispose of any unneeded portions of this is that the Lower Sioux Community is sty- The theme for this year's Black His- fee land as and when appropriate purchasers mied. The wording of the INA seems to say tory Special Order is Heritage and Ho- may appear. At present it is unclear whether that congressional permission is needed to rizons: The African American Legacy the INA prohibits such transactions absent an sell fee land; the Justice Department acknowl- and the Challenges of the 21st Century. As we embark upon a new millen- Act of Congress. It was this problem which edges that; the Department of the Interior ac- nium, I believe it painful and powerful prompted the Community to seek legislation knowledges that; Congress has acknowledged that; and purchasers acknowledge that. This that this theme allows us to pay trib- that will permit similar conveyances without re- ute to our past and allows us to make sorting to the cumbersome and time-con- bill will solve that problem for the Lower Sioux Indian Community. This is a matter of fairness. plans for our future. The question is suming legislative process each time an indi- Mr. FALEOMAVAEGA. Madam how do we plan for our future. One way vidual sale is agreed to. Speaker, I have no further speakers, is to plan for our future by giving trib- The terms of the INA does not distinguish and I yield back the balance of my ute to our past, learning the lessons of between fee land and trust land. My bill states time. our past and paying tribute to our suc- that ``No conveyance of lands from any tribe of Mr. SHERWOOD. Madam Speaker, I cesses as a people. Indians shall be of any validity unless the yield back the balance of my time. I believe the past can serve as a blue- same be made by treaty or convention en- The SPEAKER pro tempore (Mrs. print for future generations on how to tered into pursuant to the Constitution.'' In the EMERSON). The question is on the mo- get things done. past, this has been interpreted to mean that tion offered by the gentleman from There are many events that have Congress must either give direct approval or Pennsylvania (Mr. SHERWOOD) that the shaped and defined the African Amer- must establish the process for giving such ap- House suspend the rules and pass the ican experience in America today that proval. Although Congress has allowed the bill, H.R. 2484. never should be forgotten. What should Secretary of the Interior to approve the con- The question was taken; and (two- never be forgotten is the sacrifice that veyance of lands owned in trust for tribes by thirds having voted in favor thereof) others have made to ensure future gen- the United States, Congress has never set up the rules were suspended and the bill erations' success. any process for approving the conveyance of was passed. For that reason, I have chosen to fee lands. A motion to reconsider was laid on highlight my predecessor, the former The ``clouding'' effect of the INA is illustrated the table. Representative, Congressman Louis in a discussion contained in a brief filed with f Stokes. He retired from Congress on the United States Supreme Court by the January 2, 1999. He currently serves as United States Department of Justice, in Cass GENERAL LEAVE senior counsel at Squire, Sanders and County, Minnesota v. Leech Lake Band of Mr. SHERWOOD. Madam Speaker, I Dempsey, a worldwide law firm based Chippewa Indians. The brief observed that ask unanimous consent that all Mem- in Washington, D.C. He is also a mem- ``[i]n recent times, Congress and the Executive bers may have 5 legislative days within ber of the faculty at Case-Western Re- Branch have assumed that the INA requires which to revise and extend their re- serve University in Cleveland, Ohio, congressional approval of sales of all tribally marks and include extraneous material where he is a senior visiting scholar at owned lands, whether or not those lands are on H.R. 1749, S. 613, and H.R. 2484, the the Mandel School of Applied Social within a reservation''. [Brief of the United three bills just debated. Sciences. States as Amicus Curiae, supporting Re- The SPEAKER pro tempore. Is there On November 6, 1968, Louis Stokes spondent, Case No. 97±174 (January, 1998), objection to the request of the gen- was elected to the United States Con- at 28 (footnote 13).] Congress repeatedly has tleman from Pennsylvania? gress on his first bid for public office. VerDate 16-FEB-2000 05:41 Mar 01, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K29FE7.024 pfrm12 PsN: H29PT1 February 29, 2000 CONGRESSIONAL RECORD Ð HOUSE H523 By virtue of his election, he became Let us talk a little bit about Con- the House Committee on Appropria- the first African American Member of gressman Louis Stokes' congressional tions Subcommittee on VA, HUD and Congress from the State of Ohio.
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