[Congressional Record Volume 149, Number 131 (Tuesday, September 23, 2003)]
[House]
[Pages H8416-H8421]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EASTERN BAND OF CHEROKEE INDIANS LAND EXCHANGE ACT OF 2002
Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1409) to provide for a Federal land exchange for the
environmental, educational, and cultural benefit of the American public
and the Eastern Band of Cherokee Indians, and for other purposes.
The Clerk read as follows:
H.R. 1409
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 ``Eastern Band of Cherokee
Indians Land Exchange Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Since time immemorial, the ancestors of the Eastern
Band of Cherokee Indians have lived in the Great Smoky
Mountains of North Carolina. The Eastern Band's ancestral
homeland includes substantial parts of seven eastern States
and the land that now constitutes the Great Smoky Mountains
National Park.
(2) The Eastern Band has proposed a land exchange with the
National Park Service and has spent over $1,500,000 for
studies to thoroughly inventory the environmental and
cultural resources of the proposed land exchange parcels.
(3) Such land exchange would benefit the American public by
enabling the National Park Service to acquire the Yellow Face
tract, comprising 218 acres of land adjacent to the Blue
Ridge Parkway.
(4) Acquisition of the Yellow Face tract for protection by
the National Park Service would serve the public interest by
preserving important views for Blue Ridge Parkway visitors,
preserving habitat for endangered species and threatened
species including the northern flying squirrel and the rock
gnome lichen, preserving valuable high altitude wetland
seeps, and preserving the property from rapidly advancing
residential development.
(5) The proposed land exchange would also benefit the
Eastern Band by allowing it to acquire the Ravensford tract,
comprising 143 acres adjacent to the Tribe's trust territory
in Cherokee, North Carolina, and currently within the Great
Smoky Mountains National Park and Blue Ridge Parkway. The
Ravensford tract is part of the Tribe's ancestral homeland as
evidenced by archaeological finds dating back no less than
6,000 years.
(6) The Eastern Band has a critical need to replace the
current Cherokee Elementary School, which was built by the
Department of the Interior over 40 years ago with a capacity
of 480 students. The school now hosts 794 students in
dilapidated buildings and mobile classrooms at a dangerous
highway intersection in downtown Cherokee, North Carolina.
(7) The Eastern Band ultimately intends to build a new
three-school campus to serve as an environmental, cultural,
and educational ``village,'' where Cherokee language and
culture can be taught alongside the standard curriculum.
(8) The land exchange and construction of this educational
village will benefit the American public by preserving
Cherokee traditions and fostering a vibrant, modern, and
well-educated Indian nation.
(9) The land exchange will also reunify tribal reservation
lands now separated between the Big Cove Community and the
balance of the Qualla Boundary, reestablishing the
territorial integrity of the Eastern Band.
(10) The Ravensford tract contains no threatened species or
endangered species listed pursuant to the Endangered Species
Act of 1973. The 218-acre Yellow Face tract has a number of
listed threatened species and endangered species and a higher
appraised value than the 143-acre Ravensford tract.
(11) The American public will benefit from the Eastern
Band's commitment to mitigate any impacts on natural and
cultural resources on the Ravensford tract, by among other
things reducing the requested acreage from 168 to 143 acres.
(12) The Congress and the Department of the Interior have
approved land exchanges in the past when the benefits to the
public and requesting party are clear, as they are in this
case.
(b) Purposes.--The purposes of this Act are the following:
(1) To acquire the Yellow Face tract for protection by the
National Park Service, in order to preserve the Waterrock
Knob area's spectacular views, endangered species and high
altitude wetland seeps from encroachment by housing
development, for the benefit and enjoyment of the American
public.
(2) To transfer the Ravensford tract, to be held in trust
by the United States for the benefit of the Eastern Band of
Cherokee Indians, in order to provide for an education
facility that promotes the cultural integrity of the Eastern
Band and to reunify two Cherokee communities that were
historically contiguous, while mitigating any impacts on
natural and cultural resources on the tract.
(3) To promote cooperative activities and partnerships
between the Eastern band and the National Park Service within
the Eastern Band's ancestral homelands.
SEC. 3. LAND EXCHANGE.
(a) In General.--The Secretary of the Interior
(``Secretary'') shall exchange the Ravensford tract,
currently in the Great Smoky Mountains National Park and the
Blue Ridge Parkway, for the Yellow Face tract adjacent to the
Waterrock Knob Visitor Center on the Blue Ridge Parkway.
(b) Treatment of Exchanged Lands.--Effective upon receipt
by the Secretary of a deed or deeds satisfactory to the
Secretary for the lands comprising the Yellow Face tract (as
described in subsection (c)) to the United States, all right,
title, and interest of the United States in and to the
Ravensford tract (as described in subsection (d)), including
all improvements and appurtenances, are declared to be held
in trust by the United States for the benefit of the Eastern
Band of Cherokee Indians as part of the Cherokee Indian
Reservation.
(c) Yellow Face Tract.--The Yellow Face tract shall contain
Parcels 88 and 89 of the Hornbuckle Tract, Yellow Face
Section, Qualla Township, Jackson County, North Carolina,
which consist altogether of approximately 218 acres and are
depicted as the ``Yellow Face Tract'' on the map entitled
``Land Exchange Between the National Park Service and the
Eastern Band of Cherokee Indians,'' numbered 133/80020A, and
dated November 2002. The map shall be on file and available
for public inspection in the appropriate offices of the
National Park Service and the Bureau of Indian Affairs. Upon
completion of the land exchange, the Secretary shall adjust
the boundary of the Blue Ridge Parkway to include such lands
and shall manage the lands as part of the parkway.
(d) Ravensford Tract.--The lands declared by subsection (b)
to be held in trust for the Eastern Band of Cherokee Indians
shall consist of approximately 143 acres depicted as the
``Ravensford Tract'' on the map identified in subsection (c).
Upon completion of the land exchange, the Secretary shall
adjust the boundaries of Great Smoky Mountains National Park
and the Blue Ridge Parkway to exclude such lands.
(e) Legal Descriptions.--Not later than 1 year after the
date of enactment of this Act, the Secretary of the Interior
shall file a legal description of the areas described in
subsections (c) and (d) with the Committee on Resources of
the House of Representatives and the Committee on Indian
Affairs and the Committee on Energy and Natural Resources of
the Senate. Such legal descriptions shall have the same force
and effect as if the information contained in the description
were included in those subsections except that the Secretary
may correct clerical and typographical errors in such legal
descriptions. The legal descriptions shall be on file and
available for public inspection in the offices of the
National Park Service and the Bureau of Indian Affairs.
SEC. 4. IMPLEMENTATION PROCESS.
(a) Government-to-Government Agreements.--In order to
fulfill the purposes of this Act and to establish cooperative
partnerships for purposes of this Act the Director of the
National Park Service and the Eastern Band of Cherokee
Indians shall enter into government-to-government
consultations and shall develop protocols to review planned
construction on the Ravensford tract. The Director of the
National Park Service is authorized to enter into cooperative
agreements with the Eastern Band for the purpose of providing
training, management, protection, preservation, and
interpretation of the natural and cultural resources on the
Ravensford tract.
(b) Construction Standards.--Recognizing the mutual
interests and responsibilities of the Eastern Band of
Cherokee Indians and the National Park Service for the
conservation and protection of the resources on the
Ravensford tract, the National Park Service and the Eastern
Band shall develop mutually agreed upon standards for size,
impact, and design of construction consistent
[[Page H8417]]
with the purposes of this Act on the Ravensford tract. The
standards shall be consistent with the Eastern Band's need to
develop educational facilities and support infrastructure
adequate for current and future generations and shall
otherwise minimize or mitigate any adverse impacts on natural
or cultural resources. The standards shall be based on
recognized best practices for environmental sustainability
and shall be reviewed periodically and revised as necessary.
Development of the tract shall be limited to a road and
utility corridor, an educational campus, and the
infrastructure necessary to support such development. No new
structures shall be constructed on the part of the Ravensford
tract depicted as the ``No New Construction'' area on the map
referred to in Section 3(c), which is generally the area
north of the point where Big Cove Road crosses the Raven Fork
River. All development on the Ravensford tract shall be
conducted in a manner consistent with this section and such
development standards.
SEC. 5. GAMING PROHIBITION.
Gaming as defined and regulated by the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) shall be prohibited
on the Ravensford tract.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Renzi) and the gentlewoman from the Virgin Islands (Mrs.
Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Renzi).
Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 1409 provides a land exchange between the National
Park Service and the Eastern Band of Cherokee Indians whose reservation
is located in western North Carolina. The bill is sponsored by the
tribe's Congressman, the gentleman from North Carolina (Mr. Taylor).
The bill was the subject of a full Committee on Resources hearing on
June 18, 2003, and was ordered reported on a unanimous voice vote.
The purpose of the land exchange is to enable the construction of a
new school, which is necessary to replace the overcrowded, outdated and
unsafe school that the Cherokee students are presently forced to
attend.
Under the legislation, the Eastern Band will give the American public
218 acres of high-value, pristine land along the Blue Ridge Parkway.
This land has high habitat value for several endangered species.
Because this land is private property, it would otherwise be open to
future development. Instead, it will be made part of the National Park
System.
In return, only 143 acres of lower-value land in the Great Smoky
Mountains National Park, called the Ravensford tract, will be placed in
a trust for the Tribe. This property is adjacent to the Cherokee
Reservation and is part of the Tribe's ancestral land area.
On this site, a new educational campus emphasizing traditional
Cherokee values, including the preservation of the natural environment,
would be constructed. The bill upholds a strict set of construction
standards to minimize environmental impact.
In short, this is an education bill, an education bill for Native
American youth on the Eastern Cherokee Reservation. The Tribe is
setting an example that ought to be followed by local, State and Tribal
governments who care about providing America's youth with a high-
quality learning environment.
During the committee hearing on H.R. 1409, we heard from Cherokee
student Cory Blankenship, who traveled to Washington, D.C. and spoke on
the need for this land exchange. He said, ``In the last decade, over
3.5 million acres of land nationwide have been placed under the
protection of the National Park Service. We are asking only for 143
acres to help us build our school and preserve our culture.''
The Eastern Band has already spent over $1.5 million to carefully
evaluate this proposal. The Ravensford Tract was determined to be the
ideal site for a new Cherokee school. The terrain is flat, accessible,
and located away from the dangerous intersection where the existing
school is situated. In the past, this site was used as a site of a
lumber mill, and it is now nowhere near the pristine state that the
other tract that is being offered for it is.
More important, the Eastern Cherokee people have a moral claim to the
Ravensford Tract. In the 1940s, the parcel in question was supposed to
be conveyed to the Cherokee as part of a deal in which the Indians gave
up land so that the government could build the Blue Ridge Parkway
through their Reservation, but Congress deleted this parcel after the
deal was agreed to. Therefore, in addition to this being a bill about
building a new school for the Tribe's children, we need to uphold our
end of the bargain made in good faith with sovereign Indian Nations.
It is hard to believe that some could oppose this legislation. The
Eastern Band is a Tribe of Native Americans who were barely able to
avoid the Trail of Tears. Yet there are some groups that want to deny
them an opportunity to build a new school for their children.
We have an obligation to pass this bill. The vote on H.R. 1409 is
simple: Let us support an Indian Tribe that wants to educate its
children and preserve its culture.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
(Mrs. CHRISTENSEN asked and was given permission to revise and extend
her remarks.)
Mrs. CHRISTENSEN. Mr. Speaker, H.R. 1409, which would provide for a
land exchange for a school for the Eastern Band of the Cherokee Tribe
which everyone would otherwise support, however, is in the middle of
the most visited National Park and cannot be, by any stretch of the
imagination, considered a noncontroversial bill. It, therefore, does
not belong on the suspension calendar. In addition to this, its
appearance on the floor is premature, given that the National Park
Service has not completed its environmental impact statement and that a
further study on alternative sites is also not finished.
I do support the need for a school for the Eastern Band of the
Cherokee Tribe, but with so many unanswered questions and the
importance of the site in question, as well as the bad precedent that I
think it sets, I regrettably must ask my colleagues to vote no on this
measure on suspension today.
Mr. Speaker, I yield 5 minutes to the gentleman from New Jersey (Mr.
Pallone).
Mr. PALLONE. Mr. Speaker, let me indicate my strong support for this
legislation. It is an important piece of legislation that I think
deserves bipartisan support.
The bill, as we know, seeks to secure land for Native Americans so
they can provide desperately needed educational facilities to their
young people. I believe that investing in education and Native American
youth is something we can all agree upon.
Specifically, the bill would direct the Secretary of the Interior to
exchange approximately 143 acres, and I stress 143 acres, of land now
under the control of the National Park Service for approximately 218
acres of land controlled by the Eastern Band of Cherokee Tribe.
I would point out, and I know my colleague from Arizona mentioned
part of this, in my opinion the National Park Service is actually
benefiting from this land exchange because effectively they are getting
more land. They are getting 218 acres, as opposed to having to give
back to the Cherokee Nation 143 acres of land.
In addition to that, the land that the National Park Service is
getting is pristine. One could argue, it is actually better, and in a
more pristine state, than the land that they are giving to the Cherokee
Nation. As was mentioned by my colleague from Arizona, the land that
the Park Service would obtain actually has two endangered species,
where there is no indication that the land that the Cherokee Nation is
going to receive has any endangered species.
In addition to the fact that there is more land going to the Park
Service, also the appraiser, and it was an independent appraiser who
has done this type of appraisal for the Park Service before, indicated
that the land that the Park Service is going to get is worth more and
has a higher appraised value than the land that the Cherokee Nation is
actually going to receive. So from an environmental point of view, as
well as from a cost point of view, the Park Service is actually
benefiting from the exchange. I want to stress that.
If approved, the bill would provide the Tribe with the flat land
necessary to build badly needed schools, as well as to add pristine
land, as I said, to the National Park Service.
[[Page H8418]]
There is an educational crisis now on the Eastern Cherokee
Reservation. There is only one Cherokee elementary school, and it is in
extremely poor condition. It was built almost 40 years ago by the
Interior Department. It was designed for only 480 students.
{time} 1500
Today, over 700 students are housed in a dilapidated building that is
run down and in dire need of repair. But most important, because of the
school's location on a main road and its proximity to other buildings,
the current facility cannot be expanded. The tribe needs this
additional land to expand the school because they cannot physically do
it now, and this road, this highway, is very congested. We heard
testimony in the committee about the potential danger to the students
from the existing facility, and that is why we need to have the land
exchange.
There are a number of reasons. I am just trying to make the case, Mr.
Speaker, if I can, that there are a number of reasons why this should
be done and why this bill should be passed today.
Mr. Speaker, for too long Indian country has suffered from high
unemployment and poverty. The only way to improve the lives of Indian
children is to ensure that they receive the best education possible. I
believe that one of the best ways to achieve this is to give students
the best conditions for learning. I believe strongly that passage of
this bill will help the Cherokee children achieve this goal. I do not
really see any downside to the bill, and I urge my colleagues to
support this bill and pass it today.
Mr. RENZI. Mr. Speaker, I want to thank the gentleman from New Jersey
for his stalwart advocacy on behalf of Native Americans, particularly
in the East.
Mr. Speaker, I yield 5 minutes to the gentleman from North Carolina
(Mr. Jones).
Mr. JONES of North Carolina. Mr. Speaker, I thank the gentleman from
Arizona for yielding me this time, and I thank my good friend, the
gentleman from New Jersey (Mr. Pallone) for his comments. He well
stated the case for this land transfer.
Mr. Speaker, I think many times that we all, no matter which side we
are on, Democrat or Republican, we want to do what we think is right
for the people of this country, as well as the environment. And as the
gentleman from New Jersey said, my friend, and the gentleman from
Arizona previously, this is a win-win for the Park Service and the
taxpayers. Very seldom do we have debates on the floor where we can
have both parties coming together and saying that this is a win for the
taxpayer and this is a win for the Park Service.
I want to just share with my colleagues, I have three or four
photographs I would like to show. I have had the pleasure of getting to
know these wonderful people from the Cherokee Tribe in Cherokee, North
Carolina, the home of the gentleman from North Carolina (Mr. Taylor),
who wanted to be here today, but is running late because of his flight.
These are the people that I think, and the gentleman from Michigan (Mr.
Kildee) can speak to this better than I when he speaks in a few
minutes, that of all of the people in this country that have been
neglected, it has to be the Indians. I have never met such nice people,
and meek and easy-going, intelligent people.
As was said by the gentleman from Arizona, the young student from
Cherokee High School that came down and testified before the committee,
I had an opportunity to meet with Cory and some of his classmates in my
office in the Cannon Building. They were saying to me, Congressman, it
does not make any sense about this land transfer. We have tried to
transfer this land for 3 or 4 years now, and nothing has ever come of
it. And it is time that our kids, our children, K through 12, have a
better environment to learn.
This photograph, Mr. Speaker, to my left is a gym wall that is
cracked and pushing inward. I will hold this up. This, in itself, shows
us that the buildings are in a terrible situation. This is just one of
three or four photographs I would like to show.
Mr. Speaker, this is a photograph, it says, high school, major cracks
in walls. This is just a regular classroom, and we can see the major
cracks that have already developed in this building. As the gentleman
from New Jersey (Mr. Pallone) said, this school is over 40 years old,
40 years old. All we are asking for today is a land swap. The Indians,
by God, have given the Federal Government more than they have ever
received from the Federal Government. That is a known history of this
country. But in this case, this is a swap that is to the benefit of the
environment and to the Park Service. But there again, I want to show
this to the Members on the House Floor today, this is a major
structural problem that the high school has in Cherokee, North
Carolina.
Mr. Speaker, this is another, if you will, crack at the school that I
want everyone to see. I imagine anyone that is watching today can see
that fairly well. But to my friends on the Democratic side, that is
just another example of just how deplorable this school is and why this
land swap needs to take place. Again, this land swap is supported by
the majority on both sides.
We all know about trailers. The Cherokee Indians are spending a lot
of their time in trailers, but we know that is true outside of the
Cherokee Tribe. That is one of the problems that we as a Nation need to
address as it relates to other schools. But, Mr. Speaker, this actually
comes down to the fact that these school buildings are structurally
unsafe and have been condemned. I am not sure if the gentleman from New
Jersey (Mr. Pallone), my friend, might have said that, but I want to
reaffirm if he did say it, these buildings have been condemned. So this
is the only opportunity and option that these students have.
The Cherokee leadership has been for 4 and 5 years coming here to
Washington, meeting with the gentleman from North Carolina (Mr. Taylor)
and the two Senators from North Carolina, just asking the Interior
Department to just transfer this land, to swap it. And we, the American
Government, get a better deal when it comes to the cost and the price
of the land.
As the gentleman from New Jersey (Mr. Pallone) said, and I will close
in just a second, that 218 acres of pristine land that contains two
endangered species, that is now owned by the Cherokees, will be
transferred to the Federal Government. In turn, the Federal Government
will transfer 143 acres of nonpristine land and has no endangered
species on that land.
So, Mr. Speaker, I see this as a win.
Mrs. CHRISTENSEN. Mr. Speaker, I yield 5 minutes to the gentleman
from Michigan (Mr. Kildee), a senior member of the Committee on
Resources.
Mr. KILDEE. Mr. Speaker, I thank the gentlewoman for yielding me this
time.
I rise in strong support of H.R. 1409, a bipartisan land exchange
bill, which will allow the Eastern Band of Cherokee to build new
schools for their children.
This bill passed out of the Committee on Resources on July 15, 2003,
by a voice vote. During the markup, several Members from both sides of
the aisle expressed strong support for the bill to move forward.
I am aware of the environmental concerns that the gentleman from West
Virginia has raised about this bill. I am a strong supporter for the
National Environmental Policy Act, NEPA. I am a strong supporter of
that process, and I do not believe that passage of this bill
circumvents that process. The public comment period on the land
exchange ended last month, and the National Park Service will complete
review of this environmental impact statement regardless of this
legislation.
In addition, in its draft environmental impact statement, the Park
Service determined that the exchange will have no impairment on the
experience of visitors to the Great Smoky Mountains and determined
there will be no impairment to the biodiversity based on mitigation
efforts. The Park Service will receive pristine land that it selects,
which will result in a net increase of national parklands.
Mr. Speaker, the Eastern Cherokee face an educational crisis of
having condemned, overcrowded classrooms we would not house criminals
in. I have traveled throughout this country, and I have seen schools
that are horrible, and these buildings are not fit for human
habitation.
The tribes' mountainous reservation has no more available flatland
suitable
[[Page H8419]]
for building new schools. This is the kind of environment which many of
our Indian children have been forced to learn in. This is unacceptable.
Through this legislation, we can help the Eastern Band of Cherokee move
forward with its commitment to educate its children.
In my years of elected office, Mr. Speaker, I have enjoyed the
support of the environmental community. I have one of the highest
environmental records in this Congress because of my commitment to
protecting our Nation's precious resources. That is something of which
I am very proud. I know that some of my environmental friends have
concerns about this legislation and feel that no land should ever be
exchanged for the National Park Service, but in this instance I must
disagree. The Park Service will get more land and will get better land,
and the land of their choosing. I believe that this bill is consistent
with proenvironmental principles and with Indian sovereignty.
Congress is the one that makes this decision. Article I, Section 8,
all of which we have taken an oath to uphold, says the Congress shall
have power to regulate commerce with foreign nations, and among the
sovereign States, and with the Indian tribes. This Cherokee Nation,
this sovereign nation, all they want is some land to educate their
children. The Park Service has selected more land, land of their
choosing in exchange. I urge the passage of this bill.
Mr. Speaker, I rise in strong support of H.R. 1409. a bipartisan land
exchange bill which will allow the Eastern Band of Cherokee to build
new schools for their children.
This bill passed out of the Resources Committee on July 15, 2003, by
voice vote.
During the markup several members from both sides of the aisle
expressed strong support for the bill to move forward.
I am aware of the environmental concerns that the gentleman from West
Virginia has raised about this bill.
I am a strong supporter of the National Environmental Policy Act
(NEPA) process and do not believe that passage of this bill circumvents
that process.
The public comment period on the land exchange ended last month. And
the National Park Service (Park Service) will complete review the
environmental impact statement (EIS) regardless of this legislation.
In addition, in it draft EIS, the Park Service determined that the
exchange will have no impairment on the experience of visitors to the
Great Smokey Mountains and determined there will no impairment to the
biodiversity based on mitigation efforts.
The Park Service will receive pristine land that it selected which
will result in a net increase of national park lands.
Mr. Speaker, the Eastern Cherokee face an educational crisis of
having condemned, overcrowded classrooms we would not house criminals
in.
The tribe's mountainous reservation has no more available flat land
suitable for building new schools.
This is the kind of environment in which many of our Indian children
have been forced to learn.
That is unacceptable. Through this legislation we can help the
Eastern Band of Cherokee move forward with its commitment to educate
its children.
In my years of elected office, I have enjoyed the support of the
environmental community for my commitment to protecting our nation's
precious resources. That is something for which I am very proud.
I know that some of my environmental friends have concerns with this
legislation and feel that no land should ever be exchanged from the
National Park Service.
But in this instance, I must disagree. I believe that this bill is
consistent with pro-environmental principles, and with Indian
Sovereignty--two principles dear to me.
I urge my colleagues to vote ``yes'' on this bill.
Mr. RENZI. Mr. Speaker, I thank the gentleman from Michigan, and I
yield 3 minutes to the gentleman from California (Mr. BACA).
(Mr. BACA asked and was given permission to revise and extend his
remarks.)
Mr. BACA. Mr. Speaker, I rise today in strong support of H.R. 1409,
the Eastern Band of Cherokee Indians Land Exchange. This land exchange
is urgent for the Eastern Band community because it would allow them to
build a new K-through-12 complex in Cherokee, North Carolina, that they
desperately need.
We owe it to our children. We owe it to each one of us to make sure
that every child has an opportunity to learn, to be in a safe
environment. So when we look at where these tribes are and the kids
are, they are in overcrowded classrooms right now. How can our children
learn in an overcrowded classroom? We cannot even have wiring. We say
leave no child behind, and our President has said leave no child
behind. The only way we can do that is if we build new schools,
modernize schools so we are able to put the kind of technology that we
need to make sure that our children are able to meet the 21st century
in computer and technology, and that they are in a safe environment.
When you are in a safe climate and a safe environment, it adds to
your attitude and you behavior in the classrooms. You feel good about
yourself; your self-esteem is built. Well, if we do not allow for this
land exchange, how can we then say that we are building for our future?
How can we say that every child, regardless of whether you are in a
sovereign country or in another country, that you do not deserve the
right to learn, that you do not deserve the right to be in that kind of
environment? We owe that to every one of our children.
Let me tell my colleagues, we should all be proud of this kind of
legislation that has come before us, because it has given someone an
opportunity to build the kind of schools that our children need; an
opportunity to allow them to grow and to develop; an opportunity for
them to be proud not only of themselves, but of the school that they
are doing to. When we saw the photos earlier. It is very difficult to
be proud to be in that kind of environment, to say that I am in a
classroom where there are potholes that are there, when we see that
there are faucets that are not working, water that is not flowing.
Well, it is difficult. And then when we begin to compete and bring
other individuals to compete in our schools, we want to stand up and
say we are proud of this school. We are proud of this school. And we
should allow them to build that school.
They are overcrowded, as I stated. They have 800 students right now,
and they are putting them into a 400 classroom capacity at this point.
We must not forget the rights and the needs of the Americans, and that
is our first Americans. This tribe that survived the Trail of Tears in
the 1830s, this is a tribe that was promised this land, that was
promised this land. This tribe was promised this land many years ago.
This tribe deserves better than what they have been given.
Native Americans, including Eastern Band Cherokee Indians, are
working hard to become self-sufficient, and we must offer them our
help. This proposal is a perfect example of that. I am proud of the
tribe's efforts to improve educational, cultural, and economic
development in their communities. I support this bill. I applaud the
efforts of the Eastern Band. I urge all of my colleagues to do the
same.
{time} 1515
Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
I want to thank the gentleman from California for his passion and
fighting spirit on behalf of the Native Americans nationwide.
Mr. Speaker, I have no other speakers; and I reserve the balance of
my time.
Mrs. CHRISTENSEN. Mr. Speaker, may I inquire how much time we have
remaining.
The SPEAKER pro tempore (Mr. Culberson). The gentlewoman from the
Virgin Islands (Mrs. Christensen) has 11\1/2\ minutes remaining, and
the gentleman from Arizona (Mr. Renzi) has 8 minutes remaining in this
debate.
Mrs. CHRISTENSEN. Mr. Speaker, I yield 5 minutes to the gentleman
from Oklahoma (Mr. Carson).
(Mr. CARSON of Oklahoma asked and was given permission to revise and
extend his remarks.)
Mr. CARSON of Oklahoma. Mr. Speaker, I thank the gentlewoman for
yielding me the time.
I am a proud cosponsor of H.R. 1409, the Eastern Band of Cherokee
Indians Land Exchange Act, and I rise in strong support of that bill.
This particular bill has personal and professional interest to me as
my father was a long-time housing agent on the Eastern Band of
Cherokee's reservation, and I spent several years of my youth in the
beautiful Smoky Mountains.
[[Page H8420]]
The Great Smoky Mountains, which are very beautiful, offer a rich
cultural heritage to the Eastern Band of Cherokees; but sadly, they
provide little in the way of developmental land. This legislation
today, as other speakers have said, is necessary to provide for the
educational and cultural benefits of the Eastern Band of Cherokees by
enabling the tribe to construct three new school facilities: one
elementary, one middle school, and one high school.
The current facilities, as the pictures we have seen show, are
greatly in need of replacement. The Cherokee Elementary School, to take
one example, was built by the Department of the Interior over 40 years
ago with the capacity to hold 480 students. Today, this facility holds
approximately 800 students. To accommodate all of the students, the
school has been forced to add temporary facilities. In addition, the
main school and temporary facilities are located at a dangerous highway
intersection in downtown Cherokee, North Carolina.
Today, the tribe offers the National Park Service, in exchange for
the 143-acre Ravensford Tract, 218 acres of highly desirable, pristine
land. The building of this new facility will enable the Eastern Band of
Cherokees to teach Cherokee language and culture so as to foster and
preserve tribal practices for future generations.
I can think of no better use for a tract of land than the
construction of a complex to further the educational and cultural
pursuits of Eastern Band children and to replace the current
overcrowded and aging schools. After all, the key to a brighter future
for Indian country runs through the classroom door.
I believe the Federal Government must actively assist the tribe in
this endeavor, and I respectfully urge my colleagues to vote in support
of the Eastern Band of Cherokee Indian Land Exchange Act.
Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
I want to take this moment to thank the gentleman from Oklahoma,
particularly for his personal knowledge, the firsthand experiences that
he shared, and the fact that he has actually lived right in the same
area where we are discussing and debating here today.
Mr. Speaker, again, I have no speakers, and I reserve the balance of
my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I might
consume.
Mr. Speaker, native people, both Native Americans as well as people
of different ethnicities, have been displaced during the settlement of
most of the U.S. This is a sad, but true, chapter in our history. I
would say, though, that if we are serious about returning lands to
native people, and we should be, then let us look at developing a
nationwide, consistent policy. We cannot start carving up our national
parks piece by piece, case by case. This does a disservice to the
parks, the tribes, and the American people.
Mr. Speaker, it has been said that environmental groups support the
exchange. In fact, most, if not all, are against this exchange but are
willing to work with the tribe on a suitable alternative site. We
recognize that the condition of the school is poor and should be
unacceptable; but as I recall from the hearing, there was $8 million
there for years that had never been used to repair the schools in all
of this time.
Those of us who object do not object on the basis of need. The
tribe's children and all of this country's children need, deserve, and
should have good, safe, well-equipped and well-staffed schools. We want
the Eastern Band of Cherokees to have the educational complex that they
should have. The question that remains is where is that facility best
placed.
Even, Mr. Speaker, the Subcommittee on Interior and Related Agencies
of the Committee on Appropriations of this body, chaired by the
gentleman from North Carolina (Mr. Taylor), just 2 months ago called
for a study before this exchange should be decided on because of the
yet-unanswered questions. We should honor this and do the land exchange
in the right way.
Therefore, I join the gentleman from West Virginia (Mr. Rahall), the
ranking member, in opposition to the passage of this bill on the
suspension calendar.
Mr. Speaker, I yield back the balance of my time.
Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
In closing, I just state simply that the Eastern Band of Cherokees
has spent 3\1/2\ years, $1.5 million to study this, to thoroughly
research, to provide one of the cleanest and fairest land exchanges we
have seen in this House in many years. I would ask that the colleagues
who spoke on both sides please help influence the other colleagues in
their own parties to vote in favor of this legislation, to not any
longer delay the education of these children, to not obstruct any
longer the possibility that they can have a bright future and a brand
new school.
Mr. FALEOMAVAEGA. Mr. Speaker, today I rise in support of H.R. 1409,
the Eastern Band of Cherokee Indians Land Exchange Act of 2003. This
legislation would allow for an exchange of 143 acres of public lands
for 218 acres of private lands between the Eastern Band and the
National Park Service. These lands are needed to build suitable
educational facilities for the children of the Eastern Band of
Cherokees.
Mr. Speaker, the Cherokee people have endured many hardships at the
hands of the United States. The Eastern band people today are
descendants of those who escaped or survived the Trail of Tears in the
1830's. But lost culture, stolen lands, and broken promises did not end
there. In the 1940's, the United States promised to convey the very
land in question to the Cherokee to replace Reservation lands taken
from the Tribe to build the Blue Ridge Parkway. However, despite
negotiating an agreement, the transfer never materialized.
Today, the Eastern Cherokee Reservation is located on mountainous
terrain that is unsuitable for construction and this is why H.R. 1409
is necessary. H.R. 1409 would provide the Eastern Band with flat land
that is necessary for the construction of new school facilities. There
are nearly 800 elementary aged children who attend classes in a
building constructed to hold 480 and the building is located at the
intersection of two federal highways. The Cherokee High School has also
reached its maximum capacity and parts of it have been declared
condemned and unfit for educational purposes.
Mr. Speaker, I believe it is our duty to correct this deplorable
situation. The children and the youth of the Eastern Band of Cherokee
deserve better. They deserve to attend school in a safe and conducive
environment and I urge my colleagues to support this important
legislation.
Mr. RAHALL. Mr. Speaker, I ask unanimous consent to revise and extend
my remarks. I yield myself such time as I may consume.
In the time that I have had the honor to serve as the ranking member
on the Resources Committee, I have never had to come to the floor to
oppose a bill reported by the committee being considered under
suspension of the rules.
Indeed, under former Chairman Jim Hansen, and during this Congress,
under Chairman Richard Pombo, we have instilled a greater degree of
bipartisanship when conducting committee business.
I realize some may not want to hear that.
Those who manipulate this body's schedule seeking to make political
points--even if they last for a nano-second or do not even register in
the public's mind--by overt partisanship maneuvers, no, they do not
want to hear that.
The fact of the matter is that Chairman Pombo has been fair in his
dealings with all Members. He has been extremely fair with me. So I do
not believe that it was through his will that H.R. 1409 is being
considered under suspension today.
This bill has been placed on the suspension calendar over my
objection. It is a controversial measure and should be considered under
regular order, with opportunities for Members to offer amendments and a
full and open debate.
I suspect that some in the majority are eager to push this bill
because they hope to make Democrats in the House choose between our
friends in the Native American community and our passion for our
National Parks. This is a false choice and we refuse to make it.
The condition of the facilities found on many Indian reservations is
unacceptable. Far too often, Native Americans are forced to endure
housing, medical facilities and educational facilities that many
Americans would find shocking. However, carving out large chunks from
the middle of our national parks, as H.R. 1409 would have us do, is not
the solution to this problem.
H.R. 1409 purports to deal with the Eastern Band, but of course a
lack of quality educational opportunities is a problem that plagues
Native Americans across the land. We are eager to work with the
chairman of the
[[Page H8421]]
Interior Appropriations Subcommittee--for whom I have a great deal of
respect--to devise a solution to this problem that might help all
Native American children. And we must find solutions that do not
destroy our National Parks.
What the pending bill does is carve out a huge chunk of land from the
heart of the Great Smokey Mountains National Park valued at more than
$3 million and trades it to the Eastern Band for land 30 miles away,
not even within the park's boundaries, valued at $600,000. The bill is
an attempt to shortchange the administrative process that is currently
underway.
The National Park Service and a coalition of nonprofit environmental
organizations are examining this proposed exchange as we speak. The NPS
is putting the finishing touches on an Environmental Impact Statement
that will address the obvious impacts this planned construction will
have on the Park's resources, as well as the possibility of building
the schools elsewhere.
The nonprofit groups have also publicly pledged to work with the
Tribe to find an alternative site.
Once we have gathered all the facts, we could move forward with
carefully crafted legislation if necessary to resolve the educational
needs of the children of the Eastern Band without impacting a national
treasure. And yet we are moving full steam ahead with this legislation,
cutting off the NEPA process and abandoning any attempt at compromise.
This is particularly ironic given that language was included in the
House-passed Interior Appropriations bill requiring further study of
this proposal. Apparently, as recently as July, the supporters of this
legislation felt that this proposed exchange raised concerns serious
enough to warrant further study. To ram it through the House 2 months
later is unwise and unwarranted.
I would raise one additional issue. It is passing strange that
tomorrow the Resources Committee is scheduled to consider another bill
concerning lands Indians lay claim to, but in that case, the proposed
solution is to pay them off rather than cede them the land. Why the
difference in approaches?
Simply put, the land in question in that case is rich in gold. It is
valuable to the mining industry. Yet, the claims by the Western
Shoshone to this land is well established.
I have to wonder whether the inconsistent approach between these two
bills is related to the fact that the land taken from the Western
Shoshone is known to be extremely valuable to mining companies, while
in the case of H.R. 1409, the land in question is in a National Park.
To the Eastern Bank of the Cherokee, I understand that your history
is one of broken treaties and stolen lands. It is the story of a great
Indian nation hunted by the U.S. Cavalry, split at the seams, and
forced either to escape to the mountains or to trudge along on a death
march to a strange land.
The Eastern Band were able to escape the Trail of Tears and live in
the mountains of North Carolina. They stayed together and rebuilt their
nation.
I have nothing but respect for the Eastern Band, however, I must
object to the consideration of H.R. 1409 under the suspension of the
rules. If the administrative process underway is to be trammeled upon,
I say to the proponents of this bill, at least bring it up under
regular order.
I urge my colleagues to defeat this measure on suspension.
Mr. UDALL of Colorado. Mr. Speaker, I must object to the manner in
which the House is taking up this bill, and cannot support the motion
to suspend the normal rules that otherwise would apply to its
consideration.
The bill would authorize an exchange of land between the Federal
Government and an Indian tribe. The purpose of the exchange is to
provide the tribe with land appropriate for building much-needed new
schools. The land that would go to the tribe is now part of a national
park, while the land that the government would receive is a park
inholding.
The Resources Committee's hearing on the measure left me with no
doubt about the tribe's need for those new schools--and of course that
means that a suitable site is necessary.
But the hearing also made clear that the specific details of this
bill, and the exchange it would mandate, are controversial and that the
legislation is opposed strongly by a variety of people, both in North
Carolina and here in Washington, DC.
Therefore, I think the House should consider the bill under
procedures that would allow for more extensive debate and for the
possibility of amendments--rather than through a motion to suspend the
rules, which severely limits debate and does not allow for any
amendments to be offered. Motions to suspend the rules should be used
only for less controversial measures.
Accordingly, I will vote against the motion in this instance, and
urge the leadership of the House to allow the House to consider H.R.
1409 under normal procedures.
Mr. BLUMENAUER. Mr. Speaker, I voted in favor of H.R. 1409, which
would provide for an exchange of land with the Eastern Band of the
Cherokee Nations. There had been some concerns raised by environmental
interests, but evidence about the environmental merits of the exchange
are mixed, and opinions are not unanimous.
Furthermore, the basic issue for me must be equitable treatment for
Native Americans. This is an area where the relationship between the
Federal Government and the Cherokee Nation is shameful. The history of
this land includes the infamous Trail of Tears, and more recently, when
the land was involved in a land exchange for building the Blue Ridge
Parkway, a promise that was never fulfilled.
In cases like this where items are controversial, I give heavy weight
to treating Native Americans fairly and whenever possible, to correct
past injustices. This appears to meet that fundamental criterion and
therefore I support it.
Mr. RENZI. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Renzi) that the House suspend the rules and
pass the bill, H.R. 1409.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mrs. CHRISTENSEN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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