[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H9983-H9984]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    ALLOWING LEASE OR TRANSFER OF LAND OWNED BY COUSHATTA TRIBE OF 
                               LOUISIANA

  Mr. CALVERT. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 5398) to provide that land which is owned by the Coushatta 
Tribe of Louisiana but which is not held in trust by the United States 
for the Tribe may be leased or transferred by the Tribe without further 
approval by the United States.
  The Clerk read as follows:

                               H.R. 5398

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

     SECTION 1. APPROVAL NOT REQUIRED TO VALIDATE LAND 
                   TRANSACTIONS.

       (a) In General.--Notwithstanding any other provision of 
     law, without further approval, ratification, or authorization 
     by the United States, the Coushatta Tribe of Louisiana, may 
     lease, sell, convey, warrant, or otherwise transfer all or 
     any part of the Tribe's interest in any real property that is 
     not held in trust by the United States for the benefit of the 
     Tribe.
       (b) Trust Land Not Affected.--Nothing in this section is 
     intended or shall be construed to--
       (1) authorize the Coushatta Tribe of Louisiana to lease, 
     sell, convey, warrant, or otherwise transfer all or any part 
     of an interest in any real property that is held in trust by 
     the United States for the benefit of the Tribe; or
       (2) affect the operation of any law governing leasing, 
     selling, conveying, warranting, or otherwise transferring any 
     interest in such trust land.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Calvert) and the gentleman from New Mexico (Mr. Udall) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Calvert).
  Mr. CALVERT. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of H.R. 5398, legislation 
which will allow the Coushatta Tribe of Louisiana to sell, lease, or 
otherwise transfer its interest in any real property which is not held 
in trust by the United States. This bill is necessary because Federal 
law limits a tribe's authority to sell land which it owns, even though 
that land is not held in trust.
  I urge support for this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. UDALL of New Mexico. Madam Speaker, I yield myself such time as I 
may consume.
  (Mr. UDALL of New Mexico asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of New Mexico. Madam Speaker, first let me thank the 
gentleman from Louisiana (Mr. John) for his dedication and leadership 
on this legislation.
  This legislation would enable the Coushatta Tribe of Louisiana to 
transfer, sell, or lease fee lands without further approval of the 
United States. In addition to trust land held by the

[[Page H9984]]

United States for the benefit of the tribe, the tribe also owns land 
outside the reservation system. This land, owned in fee status, is 
subject to State and local laws and taxes. Recently, however, there has 
been confusion with regard to the authority of the Coushatta Tribe in 
using these fee lands.
  H.R. 5398 would help by alleviating this confusion over the tribe's 
authority regarding fee lands. This bill would not apply to lands held 
in trust by the United States, but would allow the tribe to pursue 
future economic development activities as it determines.
  This legislation is good, just policy; and I urge my colleagues to 
support it.
  Mr. JOHN. Madam Speaker, I rise today in support of H.R. 5398, which 
would provide that land, which is owned in fee by the Coushatta Indian 
Community in Louisiana and not held in trust by the United States, may 
be leased or transferred without further approval by the United States.
  Existing federal law provides that Indian tribes may not lease, sell 
or otherwise convey land which they may have title to unless the 
conveyances are approved by Congress. This prohibition, enacted into 
law in 1834 to prevent the unfair or improper disposition of Indian-
owned land, has been interpreted by the courts to apply even though the 
land was purchased by the tribes with their own money and even though 
the land is not held in trust by the federal government.
  In 1834, this process made perfect sense. Today, however, this 
process has proven to be a major detriment to economic development for 
the Coushatta Tribe. It puts the tribe at a distinct disadvantage, 
because the tribe finds that it cannot develop or use land which it has 
acquired to its full advantage. H.R. 5398 will allow the Coushatta 
Tribe to use the fee land it has purchased just like any other 
landowner, without having to come to Congress any time it wants to 
sell, lease, or even mortgage that land.
  In addition to the land owned by the tribe and held in trust by the 
U.S. Department of Interior, the Coushatta Tribe owns the fee land 
which is not held in trust. This fee land, while owned by the tribe, is 
subject to state and local laws and the tribe does not have the 
authority to conduct gaming activities on this land. As the Coushatta 
Tribe continues to work toward establishing long-term financial 
security for its members, they are finding it necessary to have the 
ability to establish business agreements with non-Indian partners using 
the fee land to pursue future economic development activities, 
including the development of golf courses, business parks, and 
recreation and convention centers.
  On February 29 of this year, this body granted the Lower Sioux Indian 
Community in Minnesota these same rights that I am seeking for the 
Coushatta Indian Community. Companion legislation, S. 2792, has been 
introduced in the U.S. Senate by Senator John Breaux of Louisiana. 
Locally, this legislation is supported by the Town of Elton and the 
Allen Parish Assessor.
  The Coushatta Tribe has made significant progress in recent years to 
eliminate poverty and reduce reliance on government programs. By 
passing H.R. 5398, this Congress will further empower the Coushatta 
Tribe to empower themselves.
  Madam Speaker, I thank the leadership for bringing this legislation 
to the floor today, and I encourage my colleagues to support H.R. 5398.
  Mr. UDALL of New Mexico. Madam Speaker, I yield back the balance of 
my time.
  Mr. CALVERT. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Calvert) that the House suspend the 
rules and pass the bill, H.R. 5398.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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