[Congressional Record Volume 153, Number 152 (Tuesday, October 9, 2007)]
[Extensions of Remarks]
[Page E2095]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTRODUCTION OF THE LAND-IN-TRUST PUBLIC HEARING ACT

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                          HON. JOHN M. McHUGH

                              of new york

                    in the house of representatives

                        Tuesday, October 9, 2007

  Mr. McHUGH. Madam Speaker, I rise today to introduce the Land-In-
Trust Public Hearing Act, which would require the Secretary of the U.S. 
Department of the Interior to conduct at least one public hearing in 
the surrounding community before taking land into trust for an Indian 
tribe.
  In April 2005, the Oneida Indian Nation (OIN) applied to the U.S. 
Department of the Interior's Bureau of Indian Affairs (BIA) to have 
17,310 acres in Central New York taken into trust. These lands are 
located in Madison and Oneida counties, which I represent together with 
the gentleman from New York, Mr. Arcuri. In fact, I originally 
introduced similar legislation in the 109th Congress as H.R. 4634 with 
Mr. Arcuri's predecessor, Mr. Boehlert.
  The land-in-trust process is complex and time-consuming. Moreover, 
its potential impacts on regulatory jurisdiction, property taxes, and 
special assessments are immense. However, current regulations do not 
require that the Department of the Interior conduct a public hearing in 
the area that would be most impacted by the loss of the jurisdiction 
over the land in question.
  This is unfortunate, particularly given the potential consequences of 
a decision to take land into trust. Thus, very simply, this bill is 
designed to ensure that the hard-working men and women of areas, like 
my constituents in Madison and Oneida counties that are the subject to 
land-in-trust applications have an opportunity and forum to directly 
and personally provide their comments. It also would require the 
Department of the Interior to consider the input and statements 
received at that hearing in its decision-making process. While 
providing such an opportunity would certainly further the interests of 
justice and equity, it also would enhance the quality of the 
Department's decisions on land-in-trust applications.

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