[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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