[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[House]
[Pages H8469-H8470]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
KICKAPOO TRIBE OF OKLAHOMA FEDERAL INDIAN SERVICES RESTORATION ACT OF
1998
Mr. GILCHREST. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2314) to restore Federal Indian services to members of the
Kickapoo Tribe of Oklahoma residing in Maverick County, Texas, to
clarify United States citizenship status of such members, to provide
trust land for the benefit of the Tribe, and for other purposes, as
amended.
The Clerk read as follows:
H.R. 2314
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kickapoo Tribe of Oklahoma
Federal Indian Services Restoration Act of 1998''.
SEC. 2. RESTORATION OF FEDERAL INDIAN SERVICES.
(a) In General.--Notwithstanding any other provision of
law, the members of the Kickapoo Tribe of Oklahoma residing
in Maverick County, Texas, shall be eligible for all Federal
services and benefits furnished to members of federally-
recognized tribes without regard to the existence of a
reservation for the Kickapoo Tribe of Oklahoma in Maverick
County, Texas. In the case of Federal services available to
members of federally-recognized tribes residing on or near a
reservation, the members of the Kickapoo Tribe of Oklahoma
residing in Maverick County, Texas, shall be deemed to be
residing on or near a reservation.
(b) Cooperation With the Mexican Government.--In providing
services pursuant to subsection (a), the Secretary of the
Interior (referred to hereafter in this Act as the
``Secretary'') and the head of each department and agency
shall consult and cooperate with appropriate officials or
agencies of the Mexican Government to the greatest extent
possible to ensure that such services meet the special
tricultural needs of the members of the Kickapoo Tribe of
Oklahoma residing in Texas. Such consultation and cooperation
may include joint funding agreements between such agency or
department of the United States and the appropriate agencies
and officials of the Mexican Government.
(c) Disclaimer on New Appropriations.--(1) Nothing in this
section shall be interpreted to--
(A) constitute an independent authorization for the
appropriation of funds for benefit of the Kickapoo Tribe of
Oklahoma, or
(B) result in the diminution of funding to any other
federally recognized Indian tribe.
(2) The Secretary shall, upon request of the Kickapoo Tribe
of Oklahoma and subject to the availability of
appropriations, provide technical assistance to prevent
duplication of services for members of any federally
recognized tribe in Maverick County, Texas.
SEC. 3. LAND ACQUISITION.
(a) 45 Acres.--Pursuant to section 5 of the Act of June 18,
1934 (25 U.S.C. 465), the Secretary may accept at least 45
acres of land held in fee by the Kickapoo Tribe of Oklahoma
in Maverick County, Texas, to be held in trust for the
benefit of the Kickapoo Tribe of Oklahoma.
(b) Additional Land.--Pursuant to land acquisition
authority under the Act of June 18, 1934 (25 U.S.C. 461 et
seq.), the Secretary may accept in trust for the benefit of
the Kickapoo Tribe of Oklahoma any additional land in
Maverick County, Texas, acquired by the Kickapoo Tribe of
Oklahoma.
(c) No Limitation of Authority.--Nothing in this section
shall be construed as limiting the authority of the Secretary
under section 5 of the Act of June 18, 1934 (48 Stat. 985).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Maryland (Mr. Gilchrest) and the gentleman from California (Mr.
Miller), each will control 20 minutes.
The Chair recognizes the gentleman from Maryland (Mr. Gilchrest).
(Mr. GILCHREST asked and was given permission to revise and extend
his remarks.)
Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may
consume.
H.R. 2314, the proposed Kickapoo Tribe of Oklahoma Federal Indian
Services Restoration Act of 1998 would restore Federal Indian services
to members of the Kickapoo Tribe of Oklahoma who reside in Texas.
Mr. Speaker, I include the following letters for the Record:
U.S. House of Representatives,
Committee on Resources,
Washington, DC, September 18, 1998.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2314, a bill to provide certain benefits to the Kickapoo
Tribe of Oklahoma. I understand that the Committee on the
Judiciary, which has Rule X jurisdiction over section 3 of
H.R. 2314 providing certain immigration benefits to the
tribe, requires more time to address properly the issues
raised by that section.
However, I understand that the Committee on the Judiciary
will not object if the Committee on Resources proceeds to the
Floor with the bill with an amendment to strike section 3.
This arrangement is acceptable to the Committee on Resources
and the author of the bill and we will act accordingly.
Thank you for your cooperation and that of your staff,
especially Daniel Freeman and Jim Wilon, in this effort.
Sincerely,
Don Young,
Chairman.
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, September 11, 1998.
Re H.R. 2314--Kickapoo Tribe of Oklahoma.
Hon. Don Young,
Chairman, Committee on Resources,
Washington, DC.
Dear Chairman Young: I understand that the Committee on
Resources wishes to proceed expeditiously to the floor with
H.R. 2314, a bill to provide certain benefits to the Kickapoo
Tribe of Oklahoma. The Committee on the Judiciary has
jurisdiction over Section 3 of the bill, which would provide
certain immigration benefits to the tribe.
A number of important immigration issues are raised by
Section 3 of the bill, and the Judiciary Committee has been
working toward a global legislative solution of those issues
for the Kickapoo Tribe and many other similarly situated
Indian tribes. To that end, the Committee requested relevant
information from the Justice Department's Office of Tribal
Justice, the Immigration and Naturalization Service, and the
Bureau of Indian Affairs on February 11, 1998. Unfortunately,
much of the requested information has still not been
provided, so the Committee is not yet prepared to craft an
optimal legislative solution.
However, the Judiciary Committee would have no objection if
the Resources Committee proceeded to the floor, on the
suspension calendar, with a manager's amendment to H.R. 2314
with the Section 3 immigration provisions removed. Please let
me know if this is acceptable.
Sincerely,
Henry J. Hyde,
Chairman.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Oklahoma (Mr. Watkins) for an explanation of the bill.
Mr. WATKINS. Mr. Speaker, I rise to support and ask my colleagues on
both sides to support this. I believe it has bipartisan bill support
and understands the administration supports it.
In fact, H.R. 2314 rectifies disputes that have arisen over housing,
medical and other social services for Kickapoos that are residing in
Texas down in Maverick County. This will allow the services to be
provided in many areas, and it is very much needed. These disputes have
been discussed for a number of years.
The proposed legislation has been agreed upon by all parties
involved. I know I have worked with several of them. I would just like
to encourage the Members to support this bill under suspensions at this
time.
Mr. MILLER of California. Mr. Speaker, I yield 2 minutes to the
gentleman from American Samoa (Mr. Faleomavaega).
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, this is a bill which points out how
differences in cultures make it difficult to legislate on a national
level.
The Kickapoo tribe is a noted tribe which inhabited lands in the
States of Oklahoma, Texas and Mexico. This free lifestyle has led to
questions concerning the citizenship of tribal members and the
eligibility of tribal members for Federal and State health, housing and
social welfare programs.
[[Page H8470]]
While I question the necessity of having members of the Kickapoo
tribe of Oklahoma who reside in Texas apply for U.S. citizenship, it
seems to me there could have been a more expedient way to handle this
issue.
I strongly support the efforts being made to clarify the citizenship
issue and the eligibility of these Native American Indians for Federal
and State benefits. I also support the authorization for the Department
of the Interior to take into trust 25 acres of land in Maverick County,
Texas for the Kickapoo tribe.
This is the third of three American Indian bills being considered by
the House today, and again I want to thank the gentleman from Alaska
(Mr. Young) of our committee and the senior Democratic member, the
gentleman from California (Mr. MILLER) for their efforts in bringing
this legislation to the floor. I urge my colleagues to support this
bill.
I thank the gentleman from Oklahoma for his sponsorship of this
legislation.
(Mr. MILLER of California asked and was given permission to revise
and extend his remarks.)
Mr. MILLER of California. Mr. Speaker, I yield myself such time as I
may consume.
As the gentleman from American Samoa has noted and the gentleman from
Oklahoma, this restores the provision of BIA and IHS services to
members of the Kickapoo tribe in Oklahoma. This bill has strong
bipartisan support. I urge its passage.
Mr. Speaker, this bill as has already been noted, restores the
provision of BIA and IHS services to members of the Kickapoo Tribe of
Oklahoma, a largely migratory band of Indians, who often reside for
part of the year in Maverick County, Texas.
Although Congress took steps in 1983 to ensure that all Kickapoos
living in Texas would be eligible for federal services, there was
internal political friction among the Kickapoos residing in Texas that
resulted in the formation of the federally-recognized Kickapoo
Traditional Tribe of Texas in 1989.
Some of the Texas Kickapoos, namely those who refused to acknowledge
the leadership of the Traditional Tribe, chose instead to remain
affiliated with the Kickapoo Tribe of Oklahoma.
The problem that we are addressing today is how to ensure that the
Kickapoos in Texas who remain affiliated with the Oklahoma Tribe retain
the full rights and benefits of the trust relationship with the United
States. In other words, we want to ensure that they receive appropriate
IHS and BIA services, even when they are residing in Texas.
The trick, of course, is to make sure that we don't diminish the
limited resources of the Traditional Tribe of Texas. If there are Texas
Kickapoos who chose to remain affiliated with the Oklahoma Kickapoos,
then the costs of such services should be charged to the Oklahoma
Kickapoos. That is why I am pleased that we are adding today a
provision that clarifies that nothing in the bill will result in a
diminishing of services to the Traditional Tribe or count as an
independent authorization of funds for the Oklahoma Kickapoos.
I understand that the Traditional Tribe of Texas has concerns about
the trust status acquisition of lands for the Oklahoma Kickapoos so
close to their own reservation, and again I am pleased that we are
making a change today that clarifies that the Secretary is not mandated
to take a 45-acre parcel of land into trust for the Oklahoma Kickapoos.
Leaving the Secretary with discretionary authority will insure that the
Traditional Tribe is appropriately consulted in the land acquisition
process.
Mr. Speaker, I yield back the balance of my time.
Mr. GILCHREST. Mr. Speaker, I have no further requests for time, and
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Maryland (Mr. Gilchrest) that the House suspend the
rules and pass the bill, H.R. 2314, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``To restore Federal
Indian services to members of the Kickapoo Tribe of Oklahoma residing
in Maverick County, Texas, to provide trust land for the benefit of the
Tribe, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________