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Congressional Record—House H3816 H3816 CONGRESSIONAL RECORD — HOUSE May 15, 2019 speak on this important issue. I urge of the aisle to work on stand-alone leg- good faith consultation’’ with local govern- all Members to vote ‘‘no’’ on H.R. 375. islation that would codify some of the ments. While saying the Gosar amendment Send it back to get consultation, at process. went too far, Mr. Huffman expressed a will- least, put in. I agree with the gentleman’s state- ingness to ‘‘continue collaborating on this issue’’ to ‘‘come up with something that Mr. GRIJALVA. Mr. Speaker, I yield ment about veto abilities. Any provi- would at least codify that good faith con- such time as he may consume to the sion which would give counties or local sultation part of a better process.’’ gentleman from Massachusetts (Mr. governments veto power over trust Bringing the bill to the Floor this Wednes- KENNEDY). land decisions is, frankly, a nonstarter. day is not a sign that such collaboration is Mr. KENNEDY. Mr. Speaker, I thank Local input is vital to these decisions being taken seriously by Democrat Leader- the chairman for his assistance, for his and should be taken into account. How- ship nor is it a pragmatic approach to resolv- leadership on this important issue, and ever, Tribal consultation is solely the ing Carcieri for the benefit of Indian Country. for the time. responsibility of the Federal Govern- The fee-to-trust system is broken because Mr. Speaker, this debate has been 10 of a provision of a 1934 law that has not been ment, as is any final decision on trans- updated since that law’s enactment. Real- years in the making for Indian Coun- ferring land into trust. istically, H.R. 375 offers an opportunity try. A decade ago, a Supreme Court And I think because of the national through which to fix it. Moving forward ruling created unnecessary confusion implications of the question of trust without reasonable consultation safeguards in the interpretation and application of land and the role that communities, on BIA’s authority will undermine successful the Indian Reorganization Act of 1934. i.e., counties and municipalities, would resolution of Carcieri. This bill, H.R. 375, would clarify the play, I think there is a need to some- It was our hope that after debate on the ensuing confusion. Among other how accommodate a level of Tribal bill during markup you’d allow Messrs. things, it would ensure the IRA applies Huffman and Gosar, and other interested consultation, because they are going to Members (on and off the Committee), an op- to all Native American Tribes recog- be the most affected party by any deci- portunity to explore solutions with H.R. 375’s nized by the Federal Government, re- sion that is made. sponsor, Mr. Tom Cole. We need to work on gardless of their date of recognition. With that said, I do commit, Mr. a compromise bill that solves the underlying For the last 10 years, the unnecessary Speaker, to looking at any proposal on issues and can become law. confusion has caused uncertainty for the issue and to work moving forward Sincerely, Tribes seeking recognition and recog- if it is to the betterment of all the ROB BISHOP, nized lands, has halted economic devel- stakeholders and I would assist the leg- Ranking Member. opment projects on Tribal lands, and islation in its final passage. Mr. BISHOP of Utah. Mr. Speaker, I has resulted in costly and protracted Mr. BISHOP of Utah. Mr. Speaker, yield back the balance of my time. litigation. reclaiming my time, I appreciate the Mr. GRIJALVA. Mr. Speaker, for 10 Members and staff on both sides of gentleman’s commitment and I appre- years, the Carcieri decision has caused the aisle deserve significant recogni- ciate the comments that he will be anxiety and confusion in Indian Coun- tion for getting us to where we are there. try, creating dangerous legal ambigu- today. But, in particular, Chairman There is this bigger question that ities related to Indian trust lands. GRIJALVA, Representative MCCOLLUM, needs to be answered. Where we draw Today, we can finally end all that. and Representative COLE have been ex- the line is a matter that still needs We can remove the ambiguity and un- traordinary. I thank them for their in- some kind of discussion, I recognize certainty, and finally offer Tribal na- credible leadership on Tribal issues, that. tions peace of mind that their lands are and their perseverance in pursuing a Mr. Speaker, I include in the RECORD protected. clean Carcieri fix. a brilliant letter from me to Chairman Mr. Speaker, I urge swift passage of I am honored to have the opportunity GRIJALVA on this particular issue.’ H.R. 375, and I yield back the balance to speak on this. I urge my colleagues HOUSE OF REPRESENTATIVES, of my time. to support this important legislation. COMMITTEE ON NATURAL RESOURCES, The SPEAKER pro tempore (Mr. Mr. BISHOP of Utah. Mr. Speaker, I Washington, DC, May 6, 2019. RUIZ). The question is on the motion yield myself such time as I may con- Hon. RAU´ L GRIJALVA, offered by the gentleman from Arizona sume to engage in a colloquy with the Chairman, Committee on Natural Resources, (Mr. GRIJALVA) that the House suspend Washington, DC. gentleman from Arizona (Mr. GRI- the rules and pass the bill, H.R. 375. DEAR MR. CHAIRMAN: It is frustrating that The question was taken. JALVA). the Democrat Leadership has scheduled H.R. If we, indeed, are going to be serious 375, legislation to reverse Carcieri v. Salazar, The SPEAKER pro tempore. In the about a legislative solution to Carcieri, under suspension one week after the com- opinion of the Chair, two-thirds being then we need to work out some kind of mittee markup of the bill. It disregards what in the affirmative, the ayes have it. compromise that could pass both I believe was a bipartisan agreement to work Mr. GOSAR. Mr. Speaker, on that I Houses of Congress and be signed by on an amendment to the bill to improve con- demand the yeas and nays. the President. sultation between the Bureau of Indian Af- The yeas and nays were ordered. I have been encouraged by the debate fairs (BIA) and states and counties to miti- The SPEAKER pro tempore. Pursu- not only on the floor here, but also in gate the impacts of taking land in trust in ant to clause 8 of rule XX, further pro- their jurisdictions. The Carcieri decision cre- our committee, regarding the need to ated vast uncertainty over the fee-to-trust ceedings on this motion will be post- consult with affected parties before process for tribes and impacted stakeholders. poned. land is taken into trust. I voted for H.R. 375 in committee as a display f Mr. Speaker, I ask Mr. GRIJALVA of my support for resolving Carcieri. My sup- whether he will commit to work with port for the bill’s advancement is contingent MASHPEE WAMPANOAG TRIBE us on this type of legislation to solve upon the inclusion of reasonable safeguards RESERVATION REAFFIRMATION this underlying problem as this bill on BIA’s powers. ACT moves forward? During markup on H.R. 375, Messrs. Mr. GRIJALVA. Mr. Speaker, pursu- Huffman and Gosar discussed a mutual, bi- ant to House Resolution 377, I call up Mr. GRIJALVA. Will the gentleman partisan desire to respond to long-standing yield? state and local concerns. The California the bill (H.R. 312) to reaffirm the Mash- Mr. BISHOP of Utah. I yield to the State Association of Counties (CSAC), in a pee Wampanoag Tribe reservation, and gentleman from Arizona. letter submitted for the markup record, reit- for other purposes, and ask for its im- Mr. GRIJALVA. Mr. Speaker, when a erated the counties’ ‘‘longstanding, valid mediate consideration in the House. Tribe applies to have land taken into concerns’’ they have with a fee-to-trust proc- The Clerk read the title of the bill. trust through the Department of the ess conducted under a ‘‘fundamentally The SPEAKER pro tempore. Pursu- Interior, local concerns are already flawed regulatory framework’’ and they also ant to House Resolution 377, the strongly considered, even more so when submitted proposals to resolve these prob- amendment in the nature of a sub- lems. I can attest that many counties in the land is located away from existing Utah share these same concerns. stitute recommended by the Com- reservation lands. Mr. Huffman explained that he found him- mittee on Natural Resources, printed However, I do recognize there is a de- self in partial agreement with CSAC’s posi- in the bill, is adopted, and the bill, as sire from some Members on both sides tion, and that there should be ‘‘meaningful amended, is considered read. VerDate Sep 11 2014 05:26 May 16, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K15MY7.035 H15MYPT1 May 15, 2019 CONGRESSIONAL RECORD — HOUSE H3817 The text of the bill, as amended, is as their own. They fought long and hard make up for that shortfall? By uti- follows: over the years to reestablish both their lizing their land for economic develop- H.R. 312 Tribe and their land base. ment, including gaming. Be it enacted by the Senate and House of Rep- The Tribe first petitioned the Federal Economic development on Tribal resentatives of the United States of America in Government for recognition in 1978. Fi- lands is vital to the prosperity of a Congress assembled, nally, after 30 years, the Bush adminis- Tribe and the ultimate goal of self-de- SECTION 1.
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