[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.

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