[Congressional Record Volume 148, Number 126 (Tuesday, October 1, 2002)]
[House]
[Pages H6879-H6883]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS CLAIMS SETTLEMENT ACT
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3534) to provide for the settlement of certain land claims
of Cherokee, Choctaw, and Chickasaw Nations to the Arkansas Riverbed in
Oklahoma, as amended.
[[Page H6880]]
The Clerk read as follows:
H.R. 3534
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 ``Cherokee, Choctaw, and
Chickasaw Nations Claims Settlement Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It is the policy of the United States to promote tribal
self-determination and economic self-sufficiency and to
encourage the resolution of disputes over historical claims
through mutually agreed-to settlements between Indian Nations
and the United States.
(2) There are pending before the United States Court of
Federal Claims certain lawsuits against the United States
brought by the Cherokee, Choctaw, and Chickasaw Nations
seeking monetary damages for the alleged use and
mismanagement of tribal resources along the Arkansas River in
eastern Oklahoma.
(3) The Cherokee Nation, a federally recognized Indian
tribe with its present tribal headquarters south of
Tahlequah, Oklahoma, having adopted its most recent
constitution on June 26, 1976, and having entered into
various treaties with the United States, including but not
limited to the Treaty at Hopewell, executed on November 28,
1785 (7 Stat. 18), and the Treaty at Washington, D.C.,
executed on July 19, 1866 (14 Stat. 799), has maintained a
continuous government-to-government relationship with the
United States since the earliest years of the Union.
(4) The Choctaw Nation, a federally recognized Indian tribe
with its present tribal headquarters in Durant, Oklahoma,
having adopted its most recent constitution on July 9, 1983,
and having entered into various treaties with the United
States of America, including but not limited to the Treaty at
Hopewell, executed on January 3, 1786 (7 Stat. 21), and the
Treaty at Washington, D.C., executed on April 28, 1866 (7
Stat. 21), has maintained a continuous government-to-
government relationship with the United States since the
earliest years of the Union.
(5) The Chickasaw Nation, a federally recognized Indian
tribe with its present tribal headquarters in Ada, Oklahoma,
having adopted its most recent constitution on August 27,
1983, and having entered into various treaties with the
United States of America, including but not limited to the
Treaty at Hopewell, executed on January 10, 1786 (7 Stat.
24), and the Treaty at Washington, D.C., executed on April
28, 1866 (7 Stat. 21), has maintained a continuous
government-to-government relationship with the United States
since the earliest years of the Union.
(6) In the first half of the 19th century, the Cherokee,
Choctaw, and Chickasaw Nations were forcibly removed from
their homelands in the southeastern United States to lands
west of the Mississippi in the Indian Territory that were
ceded to them by the United States. From the ``Three Forks''
area near present day Muskogee, Oklahoma, downstream to the
point of confluence with the Canadian River, the Arkansas
River flowed entirely within the territory of the Cherokee
Nation. From that point of confluence downstream to the
Arkansas territorial line, the Arkansas River formed the
boundary between the Cherokee Nation on the left side of the
thread of the river and the Choctaw and Chickasaw Nations on
the right.
(7) Pursuant to the Act of April 30, 1906 (34 Stat. 137),
tribal property not allotted to individuals or otherwise
disposed of, including the bed and banks of the Arkansas
River, passed to the United States in trust for the use and
benefit of the respective Indian Nations in accordance with
their respective interests therein.
(8) For more than 60 years after Oklahoma statehood, the
Bureau of Indian Affairs believed that Oklahoma owned the
Riverbed from the Arkansas State line to Three Forks, and
therefore took no action to protect the Indian Nations'
Riverbed resources such as oil, gas, and Drybed Lands
suitable for grazing and agriculture.
(9) Third parties with property near the Arkansas River
began to occupy the 3 Indian Nations' Drybed Lands--lands
that were under water at the time of statehood but that are
now dry due to changes in the course of the river.
(10) In 1966, the 3 Indian Nations sued the State of
Oklahoma to recover their lands. In 1970, the Supreme Court
of the United States decided in the case of Choctaw Nation
vs. Oklahoma (396 U.S. 620), that the Indian Nations retained
title to their respective portions of the Riverbed along the
navigable reach of the river.
(11) In 1987, the Supreme Court of the United States in the
case of United States vs. Cherokee Nation (480 U.S. 700)
decided that the riverbed lands did not gain an exemption
from the Federal Government's navigational servitude and that
the Cherokee Nation had no right to compensation for damage
to its interest by exercise of the Government's servitude.
(12) In 1989, the Indian Nations filed lawsuits against the
United States in the United States Court of Federal Claims
(Case Nos. 218-89L and 630-89L), seeking damages for the
United States' use and mismanagement of tribal trust
resources along the Arkansas River. Those actions are still
pending.
(13) In 1997, the United States filed quiet title
litigation against individuals occupying some of the Indian
Nations' Drybed Lands. That action, filed in the United
States District Court for the Eastern District of Oklahoma,
was dismissed without prejudice on technical grounds.
(14) Much of the Indian Nations' Drybed Lands have been
occupied by a large number of adjacent landowners in
Oklahoma. Without Federal legislation, further litigation
against thousands of such landowners would be likely and any
final resolution of disputes would take many years and entail
great expense to the United States, the Indian Nations, and
the individuals and entities occupying the Drybed Lands and
would seriously impair long-term economic planning and
development for all parties.
(15) The Councils of the Cherokee and Choctaw Nations and
the Legislature of the Chickasaw Nation have each enacted
tribal resolutions which would, contingent upon the passage
of this Act and the satisfaction of its terms and in exchange
for the moneys appropriated hereunder--
(A) settle and forever release their respective claims
against the United States asserted by them in United States
Court of Federal Claims Case Nos. 218-89L and 630-89L; and
(B) forever disclaim any and all right, title, and interest
in and to the Disclaimed Drybed Lands, as set forth in those
enactments of the respective councils of the Indian Nations.
(16) The resolutions adopted by the respective Councils of
the Cherokee, Choctaw, and Chickasaw Nations each provide
that, contingent upon the passage of the settlement
legislation and satisfaction of its terms, each Indian Nation
agrees to dismiss, release, and forever discharge its claims
asserted against the United States in the United State Court
of Federal Claims, Case Nos. 218-89L and 630-89L, and to
forever disclaim any right, title, or interest of the Indian
Nation in the Disclaimed Drybed Lands, in exchange for the
funds appropriated and allocated to the Indian Nation under
the provisions of the settlement legislation, which funds the
Indian Nation agrees to accept in full satisfaction and
settlement of all claims against the United States for the
damages sought in the aforementioned claims asserted in the
United States Court of Federal Claims, and as full and fair
compensation for disclaiming its right, title, and interest
in the Disclaimed Drybed Lands.
(17) In those resolutions, each Indian Nation expressly
reserved all of its beneficial interest and title to all
other Riverbed lands, including minerals, as determined by
the Supreme Court in Choctaw Nation v. Oklahoma, 397 U.S. 620
(1970), and further reserved any and all right, title, or
interest that each Nation may have in an to the water flowing
in the Arkansas River and its tributaries.
SEC. 3. PURPOSES.
The purposes of this Act are to resolve all claims that
have been or could have been brought by the Cherokee,
Choctaw, and Chickasaw Nations against the United States, and
to confirm that the 3 Indian Nations are forever disclaiming
any right, title, or interest in the Disclaimed Drybed Lands,
which are contiguous to the channel of the Arkansas River as
of the date of the enactment of this Act in certain townships
in eastern Oklahoma.
SEC. 4. DEFINITIONS.
For the purposes of this Act, the following definitions
apply:
(1) Disclaimed drybed lands.--The term ``Disclaimed Drybed
Lands'' means all Drybed Lands along the Arkansas River that
are located in Township 10 North in Range 24 East, Townships
9 and 10 North in Range 25 East, Township 10 North in Range
26 East, and Townships 10 and 11 North in Range 27 East, in
the State Oklahoma.
(2) Drybed lands.--The term ``Drybed Lands'' means those
lands which, on the date of enactment of this Act, lie above
and contiguous to the mean high water mark of the Arkansas
River in the State of Oklahoma. The term ``Drybed Lands'' is
intended to have the same meaning as the term ``Upland Claim
Area'' as used by the Bureau of Land Management Cadastral
Survey Geographic Team in its preliminary survey of the
Arkansas River. The term ``Drybed Lands'' includes any lands
so identified in the ``Holway study.''
(3) Indian nation; indian nations.--The term ``Indian
Nation'' means the Cherokee Nation, Choctaw Nation, or
Chickasaw Nation, and the term ``Indian Nations'' means all 3
tribes collectively.
(4) Riverbed.--The term ``Riverbed'' means the Drybed Lands
and the Wetbed Lands and includes all minerals therein.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Wetbed lands.--The term ``Wetbed Lands'' means those
Riverbed lands which lie below the mean high water mark of
the Arkansas River in the State of Oklahoma as of the date of
the enactment of this Act, exclusive of the Drybed Lands. The
term Wetbed Land is intended to have the same meaning as the
term ``Present Channel Claim Areas'' as utilized by the
Bureau of Land Management Cadastral Survey Geographic Team in
its preliminary survey of the Arkansas River.
SEC. 5. SETTLEMENT AND CLAIMS; APPROPRIATIONS; ALLOCATION OF
FUNDS.
(a) Extinguishment of Claims.--Pursuant to their respective
tribal resolutions, and in exchange for the benefits
conferred under this Act, the Indian Nations shall, on the
date of enactment of this Act, enter into a consent decree
with the United States that waives, releases, and dismisses
all the claims
[[Page H6881]]
they have asserted or could have asserted in their cases
numbered 218-89L and 630-89L pending in the United States
Court of Federal Claims against the United States, including
but not limited to claims arising out of any and all of the
Indian Nations' interests in the Disclaimed Drybed Lands and
arising out of construction, maintenance and operation of the
McClellan-Kerr Navigation Way. The Indian Nations and the
United States shall lodge the consent decree with the Court
of Federal Claims within 30 days of the enactment of this
Act, and shall move for entry of the consent decree at such
time as all appropriations by Congress pursuant to the
authority of this Act have been made and deposited into the
appropriate tribal trust fund account of the Indian Nations
as described in section 6. Upon entry of the consent decree,
all the Indian Nations' claims and all their past, present,
and future right, title, and interest to the Disclaimed
Drybed Lands, shall be deemed extinguished. No claims may be
asserted in the future against the United States pursuant to
sections 1491, 1346(a)(2), or 1505 of title 28, United States
Code, for actions taken or failed to have been taken by the
United States for events occurring prior to the date of the
extinguishment of claims with respect to the Riverbed.
(b) Release of Tribal Claims to Certain Drybed Lands.--
(1) In general.--Upon the deposit of all funds authorized
for appropriation under subsection (c) for an Indian Nation
into the appropriate trust fund account described in section
6--
(A) all claims now existing or which may arise in the
future with respect to the Disclaimed Drybed lands and all
right, title, and interest that the Indian Nations and the
United States as trustee on behalf of the Indian Nation may
have to the Disclaimed Drybed Lands, shall be deemed
extinguished;
(B) any interest of the Indian Nations or the United States
as trustee on their behalf in the Disclaimed Drybed Lands
shall further be extinguished pursuant to the Trade and
Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, 1
Stat. 137), and all subsequent amendments thereto (as
codified at 25 U.S.C. 177);
(C) to the extent parties other than the Indian Nations
have transferred interests in the Disclaimed Drybed Lands in
violation of the Trade and Intercourse Act, Congress does
hereby approve and ratify such transfers of interests in the
Disclaimed Drybed Lands to the extent that such transfers
otherwise are valid under law; and
(D) the Secretary is authorized to execute an appropriate
document citing this Act, suitable for filing with the county
clerks, or such other county official as appropriate, of
those counties wherein the foregoing described lands are
located, disclaiming any tribal or Federal interest on behalf
of the Indian Nations in such Disclaimed Drybed Lands. The
Secretary is authorized to file with the counties a plat or
map of the disclaimed lands should the Secretary determine
that such filing will clarify the extent of lands disclaimed.
Such a plat or map may be filed regardless of whether the map
or plat has been previously approved for filing, whether or
not the map or plat has been filed, and regardless of whether
the map or plat constitutes a final determination by the
Secretary of the extent of the Indian Nations' original claim
to the Disclaimed Drybed Lands. The disclaimer filed by the
United States shall constitute a disclaimer of the Disclaimed
Drybed Lands for purposes of the Trade and Intercourse Act
(25 U.S.C. 177).
(2) Special provisions.--Notwithstanding any provision of
this Act--
(A) the Indian Nations do not relinquish any right, title,
or interest in any lands which constitute the Wetbed Lands
subject to the navigational servitude exercised by the United
States on the Wetbed Lands. By virtue of the exercise of the
navigational servitude, the United States shall not be liable
to the Indian Nations for any loss they may have related to
the minerals in the Wetbed Lands;
(B) no provision of this Act shall be construed to
extinguish or convey any water rights of the Indian Nations
in the Arkansas River or any other stream or the beneficial
interests or title of any of the Indian Nations in and to
lands held in trust by the United States on the date of
enactment of this Act which lie above or below the mean high
water mark of the Arkansas River, except for the Disclaimed
Drybed Lands; and
(C) the Indian Nations do not relinquish any right, title,
or interest in any lands or minerals of certain unallotted
tracts which are identified in the official records of the
Eastern Oklahoma Regional Office, Bureau of Indian Affairs.
The disclaimer to be filed by the Secretary of the Interior
under section 5(b)(1) of this Act shall reflect the legal
description of the unallotted tracts retained by the Nations.
(3) Setoff.--In the event the Court of Federal Claims does
not enter the consent decree as set forth in subsection (a),
the United States shall be entitled to setoff against any
claims of the Indian Nations as set forth in subsection (a),
any funds transferred to the Indian Nations pursuant to
section 6, and any interest accrued thereon up to the date of
setoff.
(4) Quiet title actions.--Notwithstanding any other
provision of law, neither the United States nor any
department of the United States nor the Indian Nations shall
be made parties to any quiet title lawsuit or other lawsuit
to determine ownership of or an interest in the Disclaimed
Drybed Lands initiated by any private person or private
entity after execution of the disclaimer set out in section
5(b)(1). The United States will have no obligation to
undertake any future quiet title actions or actions for the
recovery of lands or funds relating to any Drybed Lands
retained by the Indian Nation or Indian Nations under this
Act, including any lands which are Wetbed Lands on the date
of enactment of this Act, but which subsequently lie above
the mean high water mark of the Arkansas River and the
failure or declination to initiate any quiet title action or
to manage any such Drybed Lands shall not constitute a breach
of trust by the United States or be compensable to the Indian
Nation or Indian Nations in any manner.
(5) Land to be conveyed in fee.--To the extent that the
United States determines that it is able to effectively
maintain the McClellan-Kerr Navigation Way without retaining
title to lands above the high water mark of the Arkansas
River as of the date of enactment of this Act, said lands,
after being declared surplus, shall be conveyed in fee to the
Indian Nation within whose boundary the land is located. The
United States shall not be obligated to accept such property
in trust.
(c) Authorization for Settlement Appropriations.--There is
authorized to be appropriated an aggregate sum of $40,000,000
as follows:
(1) $10,000,000 for fiscal year 2004.
(2) $10,000,000 for fiscal year 2005.
(3) $10,000,000 for fiscal year 2006.
(4) $10,000,000 for fiscal year 2007.
(d) Allocation and Deposit of Funds.--After payment
pursuant to section 7, the remaining funds authorized for
appropriation under subsection (c) shall be allocated among
the Indian Nations as follows:
(1) 50 percent to be deposited into the trust fund account
established under section 6 for the Cherokee Nation.
(2) 37.5 percent to be deposited into the trust fund
account established under section 6 for the Choctaw Nation.
(3) 12.5 percent to be deposited into the trust fund
account established under section 6 for the Chickasaw Nation.
SEC. 6. TRIBAL TRUST FUNDS.
(a) Establishment, Purpose, and Management of Trust
Funds.--
(1) Establishment.--There are hereby established in the
United States Treasury 3 separate tribal trust fund accounts
for the benefit of each of the Indian Nations, respectively,
for the purpose of receiving all appropriations made pursuant
to section 5(c), and allocated pursuant to section 5(d).
(2) Availability of amounts in trust fund accounts.--
Amounts in the tribal trust fund accounts established by this
section shall be available to the Secretary for management
and investment on behalf of the Indian Nations and
distribution to the Indian Nations in accordance with this
Act. Funds made available from the tribal trust funds under
this section shall be available without fiscal year
limitation.
(b) Management of Funds.--
(1) Land acquisition.--
(A) Trust land status pursuant to regulations.--The funds
appropriated and allocated to the Indian Nations pursuant to
sections 5(c) and (d), and deposited into trust fund accounts
pursuant to section 6(a), together with any interest earned
thereon, may be used for the acquisition of land by the 3
Indian Nations. The Secretary may accept such lands into
trust for the beneficiary Indian Nation pursuant to the
authority provided in section 465 of title 25, United States
Code, and in accordance with the Secretary's trust land
acquisition regulations at part 151 of title 25, Code of
Federal Regulations, in effect at the time of the
acquisition, except for those acquisitions covered by
paragraph (1)(B).
(B) Required trust land status.--Any such trust land
acquisitions on behalf of the Cherokee Nation shall be
mandatory if the land proposed to be acquired is located
within Township 12 North, Range 21 East, in Sequoyah County,
Township 11 North, Range 18 East, in McIntosh County,
Townships 11 and 12 North, Range 19 East, or Township 12
North, Range 20 East, in Muskogee County, Oklahoma, and not
within the limits of any incorporated municipality as of
January 1, 2002, if--
(i) the land proposed to be acquired meets the Department
of the Interior's minimum environmental standards and
requirements for real estate acquisitions set forth in 602 DM
2.6, or any similar successor standards or requirements for
real estate acquisitions in effect on the date of
acquisition; and
(ii) the title to such land meets applicable Federal title
standards in effect on the date of the acquisition.
(C) Other expenditure of funds.--The Indian Nations may
elect to expend all or a portion of the funds deposited into
its trust account for any other purposes authorized under
paragraph (2).
(2) Investment of trust funds; no per capita payment.--
(A) No per capita payments.--No money received by the
Indian Nations hereunder may be used for any per capita
payment.
(B) Investment by secretary.--Except as provided in this
section and section 7, the principal of such funds deposited
into the accounts established hereunder and any interest
earned thereon shall be invested by the Secretary in
accordance with current laws and regulations for the
investing of tribal trust funds.
[[Page H6882]]
(C) Use of principal funds.--The principal amounts of said
funds and any amounts earned thereon shall be made available
to the Indian Nation for which the account was established
for expenditure for purposes which may include construction
or repair of health care facilities, law enforcement,
cultural or other educational activities, economic
development, social services, and land acquisition. Land
acquisition using such funds shall be subject to the
provisions of subsections (b) and (d).
(3) Disbursement of funds.--The Secretary shall disburse
the funds from a trust account established under this section
pursuant to a budget adopted by the Council or Legislature of
the Indian Nation setting forth the amount and an intended
use of such funds.
(4) Additional restriction on use of funds.--None of the
funds made available under this Act may be allocated or
otherwise assigned to authorized purposes of the Arkansas
River Multipurpose Project as authorized by the River and
Harbor Act of 1946, as amended by the Flood Control Act of
1948 and the Flood Control Act of 1950.
SEC. 7. ATTORNEY FEES.
(a) Payment.--At the time the funds are paid to the Indian
Nations, from funds authorized to be appropriated pursuant to
section 5(c), the Secretary shall pay to the Indian Nations'
attorneys those fees provided for in the individual tribal
attorney fee contracts as approved by the respective Indian
Nations.
(b) Limitations.--Notwithstanding subsection (a), the total
fees payable to attorneys under such contracts with an Indian
Nation shall not exceed 10 percent of that Indian Nation's
allocation of funds appropriated under section 5(c).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from Oklahoma (Mr. Carson) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Oklahoma (Mr. Watkins).
(Mr. WATKINS of Oklahoma asked and was given permission to revise and
extend his remarks.)
Mr. WATKINS of Oklahoma. Mr. Speaker, I thank the chairman for
yielding me time.
Mr. Speaker, I fully support H.R. 3534 and express my thanks to the
people.
Mr. Speaker, I rise today in support of the Cherokee, Choctaw, and
Chickasaw Nations Claims Settlement Act. I am happy to be an original
co-sponsor of H.R. 3534 and I thank Mr. Hansen, the gentleman from
Utah, Ranking Member Mr. Rahall, the gentleman from West Virginia, and
my colleague, Mr. Carson, the gentleman from Oklahoma, for their work
in bringing this legislation to the House Floor.
In 1970 the United States Supreme Court ruled the Tribes were the
true owners of the Arkansas Riverbed. After many attempts to settle
with the government for the mismanagement of the riverbed, the tribes
files lawsuits for damages in 1989. These lawsuits are still pending in
Federal Court and without this legislation as many as 1200 potential
future lawsuits will be filed.
The Arkansas Riverbed encompasses over 7,500 acres of the Indian
Nations' drybed lands that have been occupied and settled by a large
number of adjacent landowners in Oklahoma. Without a settlement,
further litigation against thousands of landowners would be likely. The
potential of these lawsuits and the time and increased expense to not
only the government and tribes, but also to the private citizens is in
my opinion a valid enough and strong enough reason to settle the
Arkansas Riverbed issue once and for all.
This legislation would bring a quick settlement to a claim the tribes
have had against the United States for over 30 years. It would end the
pending lawsuits between the Tribes and the United States. H.R. 3534
would allow for a multi-year payment totaling 40 Million to be divided
among the tribes. This amount represents a settlement agreement made by
the tribes and the Departments of Interior and Department of Justice.
Most of all, settling with the tribes would avoid thousands of future
lawsuits brought by the United States against individuals who currently
own drybed lands.
It is in the best interest of not only the tribes, but also the
United States to pass H.R. 3534 and I urge my colleagues to support
this legislation.
Mr. CARSON of Oklahoma. Mr. Speaker, I yield myself such time as I
may consume.
(Mr. CARSON of Oklahoma asked and was given permission to revise and
extend his remarks.)
Mr. CARSON of Oklahoma. Mr. Speaker, I would like to thank the
gentleman from Oklahoma (Mr. Watkins) for his great leadership on this
bill.
Mr. Speaker, I would like to thank the gentleman from Utah Mr. Hansen
and the gentleman from West Virginia Mr. Rahall for working on the
details of the bill, supporting it and bringing it to the Floor.
I would also like to take this opportunity to extend a special thank
you to my colleagues the gentleman from Oklahoma Mr. Watkins, the
gentleman from Oklahoma Mr. Sullivan, and the gentleman from Michigan
Mr. Kildee for their strong support and co-sponsorship of this
legislation.
I rise in strong support of H.R. 3534, the Cherokee, Chacotaw, and
Chickasaw Nations Claims Settlement Act. The dispute involving the
three tribes along the Arkansas River has been ongoing since 1907. This
settlement will lay to rest and compensate these three tribes for the
lands and resources that have been wrongfully taken from them, misused,
and left dormant. The leaders of the tribal nations--Principal Chief
Chad Smith of the Cherokee Nation, Governor Bill Anoatubby of the
Chickasaw Nation and Chief Gregory Pyle of the Choctaw Nation have all
communicated to me and the Resources Committee their unanimous support
for the legislation and the great need for settlement.
First, in order to understand the need for this legislation, you must
turn to the history of these tribal lands. In the 1830s, the Cherokee,
Choctaw, Chickasaw, Creek and Seminole Nations were forcibly removed to
Indian Territory, now known as Oklahoma, to occupy lands ceded to them
by the United States, through which the Arkansas River runs. In 1907,
due to an erroneous legal opinion, the Arkansas riverbed was conveyed
to the new State of Oklahoma. All navigable rivers of the United States
were deemed property of the State under the Equal Footing Doctrine.
However, the treaties of the three tribes came long before the Equal
Footing Doctrine. And, in 1970, in Choctaw Nation vs. Oklahoma, the
U.S. Supreme Court ruled in favor of the tribes and determined that the
tribes, indeed, were the rightful owners of the riverbed and not the
State of Oklahoma.
Nevertheless, from 1907 through 1970, the Bureau of Indian Affairs
acted on the assumption that Oklahoma owned the riverbed and,
therefore, took no action to protect tribal resources such as oil and
gas production, sand and gravel, grazing and croplands. The Government
itself constructed hydroelectric powerheads and other improvements in
the channel of the river on tribal lands, using sand and gravel
belonging to the three Indian Nations. Due to the Bureau's inaction,
individuals with property near the Arkansas River also began to occupy
the three Indian Nations' ``dry-bed'' lands--amounting to approximately
7,750 acres of land that was under water at the time of statehood but
that is now dry due to changes in the course of the river.
Enactment of H.R. 3534 will bring about clear and tangible benefits
to Indians and non-Indians. In exchange for $40 million dollars
provided to the Nations under this settlement legislation, the Indian
Nations agree to dismiss and release claims asserted against the United
States in the Court of Federal Claims. The Indian Nations also agree to
disclaim its right, title and interest in the 7,750 acres of disclaimed
drybed lands, thus eliminating the need for the Department of Justice
to bring hundreds of defendants into court due to their occupancy on
parts of the drybed lands. The Indian Nations reserve the beneficial
interest and title to all other Riverbed lands, including minerals, and
the right, title and interest that each Nation may have in any water
flowing in the Arkansas River and its tributaries. H.R. 3534 directs
that the $40 million dollars be disbursed in four annual installments
and deposited into a tribal trust fund for the Indian Nations. I would
like to make it clear that the funds appropriated into the tribal trust
funds are to be made available to the tribes as the funds are
appropriated. This will assist the Indian Nations in further economic
development in the region, benefiting Indian and non-Indian members of
these communities alike.
Since the Supreme Court decision of 1970, there has been little
disagreement that a settlement should be reached. Recent discussions
between Federal, State and tribal entities involved in this dispute
have been extremely productive and make the 107th Congress a most
appropriate time for settlement.
I urge my colleagues to support this legislation and bring closure to
an
[[Page H6883]]
issue that has plagued eastern Oklahoma for far too long.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. HANSEN. 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 Utah (Mr. Hansen) that the House suspend the rules and
pass the bill, H.R. 3534, 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.
A motion to reconsider was laid on the table.
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