[Congressional Record Volume 143, Number 91 (Wednesday, June 25, 1997)]
[Extensions of Remarks]
[Pages E1321-E1322]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               FORT RENO

                                 ______
                                 

                       HON. ENI F.H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                        Wednesday, June 25, 1997

  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today to introuce legislation 
to resolve a long-standing land dispute between the United States and 
the Cheyenne and Arapaho Tribes of Oklahoma.This land, known as Fort 
Teno, was used as a military reserve and was later transferrred to the 
Department of Agriculture. Currently, this Department has a small 
research station there.
  The Fort Reno land were part of the original Cheyenne-Arapaho 
reservation created by Executive order in 1869. The lands were removed 
from the reservation, again by Executive order, in 1883. It was the 
understanding of the tribes that these land would be returned to the 
when the military no longer needed the lands, but this provision is not 
clearly documented.
  Congress later transferred portions of the land to the Departments of 
Agriculture and Justice, and these departments continue to use the land 
to the exclusion of the Indians. Several attempts have been made in the 
House to return the land to the tribes, but no bill has ever been 
enacted into law.
  A 1975 statute states Federal land located within original Indian 
territory which becomes excess to the needs of the agency maintaining 
jurisdiction over the land should be returned to the tribe whose 
reservation originally included the land. By operation of this statute, 
the lands should have been returned to the tribes 2 years ago.
  While legal arguments can be made that the tribes have been 
compensated for this land in a prior land settlement, I am not 
persuaded that these two tribes have been treated fairly in their 
dealings with the U.S. Government, and urge my colleagues to support 
this legislation so that we may provide a final, equitable resolution 
to this dispute.
  Mr. Speaker, a copy of the bill and a brief section by section 
analysis follows.

                                H.R. --

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

     SECTION 1. FINDINGS.

       The Congress finds the following:
       (1) The original Cheyenne-Arapaho Indian Reservation in 
     western Oklahoma, which included the land known as the Fort 
     Reno Military Reservation, was established by the Medicine 
     Lodge Creek Treaty of 1867 and reaffirmed by Executive order 
     in 1869.
       (2) The Fort Reno Military Reservation lands include sites 
     used by the Tribe for the Sun Dance and other religious and 
     cultural purposes, burial sites, and medicine gathering 
     areas.

     SEC. 2. LAND TAKEN INTO TRUST.

       (a) In General., The land described in subsection (b) is 
     hereby taken into trust for the Cheyenne-Arapaho Tribes of 
     Oklahoma.
       (b) Land Described. The land taken into trust pursuant to 
     subsection (a) is that land in Canadian County, Oklahoma, 
     described as follows:
       (1) All of sections 1, 2, 3, and 4, Township 12 North, 
     Range 8 West, Indian Meridian.
       (2) Those portions of sections 25 and 26 lying south of the 
     North Canadian River, Township 13 North, Range 8 West, Indian 
     Meridian.
       (3) That portion of section 26 lying west of the North 
     Canadian River, Township 13 North, Range 8 West, Indian 
     Meridian.
       (4) All of sections 27, 28, 33, 34, 35, and 36, Township 13 
     North, Range 8 West, Indian Meridian.

     SEC. 3. USE OF PORTION OF LAND BY BUREAU OF PRISONS.

       The Secretary, with the consent of and on terms agreeable 
     to the Business Committee of the Tribe, may lease to the 
     United States for use by the Bureau of Prisons of the 
     Department of Justice in connection with the Federal 
     Reformatory at El Reno, Oklahoma, all or part of the land 
     described as the south half of section 1 and the south half 
     of section 2, Township 12 North, Range 8 West, Indian 
     Meridian.

     SEC. 4. PRIOR EASEMENTS, LICENSES, PERMITS, AND COMMITMENTS.

       (a) Nonrevocable; Time-limited.--(1) A nonrevocable 
     easement, license, permit, or commitment with respect to the 
     lands described in section 2 shall continue in effect for the 
     period for which it was granted or made if such nonrevocable 
     easement, license, permit, or commitment was granted or 
     made--
       (A) on or before the date of the enactment of this Act;
       (B) by the Secretary of War or by the Secretary of 
     Agriculture; and
       (C) for a specified, limited period of time.
       (2) An easement, license, permit, or commitment described 
     in paragraph (1) may be renewed by the Secretary upon such 
     terms and conditions as the Secretary considers advisable.
       (b) Revocable; indefinite duration.--An easement, license, 
     permit, or commitment which exists on the date of the 
     enactment of this Act with respect to the lands described in 
     section 2 may be continued or renewed by the Secretary if--
       (1) the easement, license, permit, or commitment is 
     revocable or of indefinite duration, and
       (2) the Secretary considers such continuance or renewal to 
     be in the public interest.
       (c) Use of Land by Bureau of Prisons.--(1) In the case of 
     lands described in paragraph (2), the Secretary may continue 
     or renew an easement, right-of-way, or permit to land, only 
     if such easement, right-of-way, or permit is--
       (A) in effect on the date of the enactment of this Act;
       (B) limited to use or maintenance of water lines, roads to 
     and from the sewage disposal plant, or sewage effluent lakes 
     from the sewage disposal plant located on the land;

[[Page E1322]]

       (C) granted for use by Bureau of Prisons of the Department 
     of Justice; and
       (D) useful to the Bureau of Prisons for purposes of 
     maintaining the sewage disposal plant located on the land.
       (2) The land referred to in paragraph (1) is that land 
     described in section 2 that is located in--
       (A) section 1, Township 12 North, Range 8 West, Indian 
     Meridian; and
       (B) the southeast quarter of section 36, Township 13 North, 
     Range 8 West, Indian Meridian.

     SEC. 5. BUILDINGS AND OTHER IMPROVEMENTS.

       The Secretary may--
       (1) make any Federally owned buildings, improvements, or 
     facilities (including any personal property used in 
     connection with such buildings, improvements, or facilities) 
     located on the land described in section 2 available to the 
     Tribe for their use; and
       (2) convey any Federal owned buildings, improvements, or 
     facilities (including any personal property used in 
     connection with such buildings, improvements, or facilities) 
     located on the land described in section 2 to the Tribe in 
     accordance with the Act entitled ``An Act to authorize the 
     Secretary of the Interior to convey to Indian tribes certain 
     federally owned buildings, improvements, or facilities on 
     tribal lands or on lands reserved for Indian administration'' 
     approved August 6, 1956 (25 U.S.C. 443a).

     SEC. 6. ELIGIBILITY FOR FEDERAL SERVICES AND BENEFITS.

       For the purposes of the eligibility for and delivery of all 
     services and benefits provided to Indians because of their 
     status as federally recognized, those members of the Tribe 
     residing in Canadian County, Oklahoma, shall be deemed to be 
     resident on or near an Indian reservation.

     SEC. 7. EFFECT ON TREATIES.

       No provision of this Act shall be construed to constitute 
     an amendment, modification, or interpretation of any treaty 
     to which the Tribe or any other Indian tribe is a party nor 
     to any right secured to the Tribe or any other Indian tribe 
     by any treaty.

     SEC. 8. DEFINITIONS.

       For purposes of this Act:
       (1) The term ``Secretary'' means the Secretary of the 
     Interior.
       (2) The term ``Tribe'' means the Cheyenne-Arapaho Tribes of 
     Oklahoma.


     
                                                                    ____
                      Section by Section Analysis

       Section 1: Describes the lands originally part of the Fort 
     Reno reserve to be transferred from the Department of 
     Agriculture to the Department of the Interior in trust for 
     the tribes.
       Section 2: In addition to the land retained by the Bureau 
     of Prisons, this section authorizes use by the Bureau of 
     Prisons of part of the transferred lands, subject to the 
     approval of the tribes.
       Section 3: Authorizes the continuation of current 
     easements, licenses, permits and other current uses by the 
     Bureau of Prisons for as long as the current uses continue.
       Section 4: Authorizes, but does not require, that ownership 
     of the buildings currently located on the lands may be 
     transferred to the tribes.
       Section 5: Recognizes members of the tribes who live near 
     the tribal reservation as eligible for tribal benefits.
       Section 6: Specifies that this legislation will not be 
     construed as amending any treaty between the United States 
     and any federally-recognized Indian tribe.
       Section 7: Defines the term ``Secretary'' and ``Tribe'' 
     with respect to the subject legislation.

     

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