[Congressional Record Volume 142, Number 73 (Wednesday, May 22, 1996)]
[House]
[Pages H5388-H5389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                PRAIRIE ISLAND INDIAN CHARTER REVOCATION

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent for 
the immediate consideration in the House of the bill (H.R. 3068) to 
accept the request of the Prairie Island Indian Community to revoke 
their charter of incorporation issued under the Indian Reorganization 
Act.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  Mr. KILDEE. Reserving the right to object, Mr. Speaker, and I will 
not object, I yield to the gentleman from Washington [Mr. Hastings] to 
enable him to explain the legislation.
  Mr. HASTINGS of Washington. Mr. Speaker, the purpose of H.R. 3068, 
authored by the gentleman from Minnesota [Mr. Gutknecht], is to accept 
the request of the Prairie Island Indian Community to revoke their 
charter of incorporation issued under the Indian Reorganization Act. 
The Federal charter of incorporation for the community contained a 
provision which requires that it can only be revoked by an act of 
Congress.
  The revocation was requested by the community because the community 
has never used it in the management of its enterprises, finding it to 
be outdated, ineffective, and cumbersome. Instead, the community relies 
on provisions in its constitution.
  A similar revocation relating to the Minnesota Chippewa Tribe was 
included in Public Law 104-109. I ask for the Members' support for this 
noncontroversial measure.
  Mr. GUTKNECHT. Mr. Speaker, will the gentleman yield?
  Mr. KILDEE. Further reserving the right to object, I yield to the 
gentleman from Minnesota.
  (Mr. GUTKNECHT asked and was given permission to revise and extend 
his remarks.)
  Mr. GUTKNECHT. Mr. Speaker, today I am pleased to offer H.R. 3068, a 
bill to repeal the corporate charter of the Prairie Island Dakota 
Community in Welch, MN.
  The tribe contacted me last June requesting revocation of their 1934 
charter. By law, revoking this 62-year-old document can only be done by 
an act of Congress.
  In its entire tribal government history, the Prairie Island Community 
has never used its corporate charter in the management of its 
enterprises. Additionally, with this outdated and paternalistic 
charter, the tribe is restricted from doing many of the things 
necessary to carry out business activities.
  For example, the community cannot sell or mortgage property, lease 
land for more than 10 years, or contract for work without approval from 
the Interior Department.
  This legislation acknowledges that the people of Prairie Island know 
best how to handle their business. It is another example of this 
Congress sending control back to local communities, and I am proud to 
be a part of that process.
  My colleagues, I and the good people of the Prairie Island Community 
would appreciate your support for this important legislation.
  Mr. KILDEE. Mr. Speaker, further under my reservation of objection, 
like many tribes, the Prairie Island Community has realized the many 
shortcomings of the BIA's 1930's policy of encouraging tribes to 
incorporate under the Indian Reorganization Act. I think that it is a 
good thing that we are finally beginning to shed some of the 
paternalistic vestiges of those times. I hope that we keep this in mind 
as we deal with future legislation affecting Indian tribes.
  Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 3068

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page H5389]]

     SECTION 1. REVOCATION OF CHARTER OF INCORPORATION OF THE 
                   PRAIRIE ISLAND INDIAN COMMUNITY UNDER THE 
                   INDIAN REORGANIZATION ACT.

       The request of the Prairie Island Indian Community to 
     surrender the charter of incorporation issued to that 
     Community on July 23, 1937, pursuant to section 17 of the Act 
     of June 18, 1934, commonly known as the ``Indian 
     Reorganization Act'' (25 U.S.C. 477) is hereby accepted and 
     that charter of incorporation is hereby revoked.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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