[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Pages S173-S174]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE:
  S. 60. A bill to provide relief to the Pottawatomi Nation in Canada 
for settlement of certain claims against the United States; to the 
Committee on the Judiciary.
  Mr. INOUYE. Mr. President, nearly 16 years ago I stood before you to 
introduce a bill ``to provide an opportunity for the Pottawatomi Nation 
in Canada to have the merits of their claims against the United States 
determined by the United States Court of Federal Claims.''
  That bill was introduced as Senate Resolution 223, which referred the 
Pottawatomi's claim to the Chief Judge of the U.S. Court of Federal 
Claims and required the Chief Judge to report back to the Senate and 
provide sufficient findings of fact and conclusions of law to enable 
the Congress to determine whether the claim of the Pottawatomi Nation 
in Canada is legal or equitable in nature, and the amount of damages, 
if any, which may be legally or equitably due from the United States.
  Over a decade ago, the Chief Judge of the Court of Federal Claims 
reported back that the Pottawatomi Nation in Canada has a legitimate 
and credible legal claim. Thereafter, by settlement stipulation, the 
United States has taken the position that it would be ``fair, just and 
equitable'' to settle the claims of the
  ottawatomi Nation in Canada for the sum of $1,830,000. This 
settlement amount was reached by the parties after seven years of 
extensive, fact-intensive litigation. Independently, the court 
concluded that the settlement amount is ``not a gratuity'' and that the 
``settlement was predicated on a credible legal claim.'' Pottawatomi 
Nation in Canada, et al. v. United States, Cong. Ref. 94-1037X at 28, 
Ct. Fed. Cl., September 15, 2000, Report of Hearing Officer.
  The bill I introduce today is to authorize the appropriation of those 
funds that the United States has concluded would be ``fair, just and 
equitable'' to satisfy this legal claim. If enacted, this bill will 
finally achieve a measure of justice for a tribal nation that has for 
far too long been denied.
  For the information of our colleagues, this is the historical 
background that informs the underlying legal claim of the Canadian 
Pottawatomi.
  The members of the Pottawatomi Nation in Canada are one of the 
descendant groups--successors-in-interest--of the historical 
Pottawatomi Nation and their claim originates in the latter part of the 
18th century. The historical Pottawatomi Nation was aboriginal to the 
United States. They occupied and possessed a vast expanse in what is 
now the States of Ohio, Michigan, Indiana, Illinois, and Wisconsin. 
From 1795 to 1833, the United States annexed most of the traditional 
land of the Pottawatomi Nation through a series of treaties of 
cession--many of these cessions were made under extreme duress and the 
threat of military action. In exchange, the Pottawatomi were repeatedly 
made promises that the remainder of their lands would be secure and, in 
addition, that the United States would pay certain annuities to the 
Pottawatomi.
  In 1829, the United States formally adopted a Federal the policy of 
removal; an effort to remove all Indian tribes from their traditional 
lands east of the Mississippi River to the west. As part of that 
effort, the government increasingly pressured the Pottawatomi to cede 
the remainder of their traditional lands, some five million acres in 
and around the city of Chicago, and remove their nation west. For 
years, the Pottawatomi steadfastly refused to cede the remainder of 
their tribal territory. Then in 1833, the United States, pressed by 
settlers seeking more land, sent a Treaty Commission to the Pottawatomi 
with orders to extract a cession of the remaining lands. The Treaty 
Commissioners spent 2 weeks using extraordinarily coercive tactics--
including threats of war--in an attempt to get the Pottawatomi to agree 
to cede their territory. Finally, those Pottawatomi who were present 
relented and on September 26, 1933, they ceded their remaining tribal 
estate through what would be known as the Treaty of Chicago. Seventy-
seven members of the Pottawatomi Nation signed the Treaty of Chicago. 
Members of the ``Wisconsin Band'' were not present and did not assent 
to the cession.
  In exchange for their land, the Treaty of Chicago provided that the 
United States would give to the Pottawatomi 5 million acres of 
comparable land in what is now Missouri. The Pottawatomi were familiar 
with the Missouri land, aware that it was similar to their homeland. 
However, the Senate refused to ratify that negotiated agreement and 
unilaterally switched the land to five million acres in Iowa. The 
Treaty Commissioners were sent back to acquire Pottawatomi assent to 
the Iowa land. All but seven of the original 77 signatories refused to 
accept the change even with promises that if they were dissatisfied 
``justice would be done.''
  Nevertheless, the Treaty of Chicago was ratified as amended by the 
Senate in 1834. Subsequently, the Pottawatomi sent a delegation to 
evaluate the land in Iowa. The delegation reported back that the land 
was ``not fit for snakes to live on.''
  While some Pottawatomi moved westward, many of the Pottawatomi, 
particularly the Wisconsin Band, whose leaders never agreed to the 
Treaty, refused to do so. By 1836, the United States began to 
forcefully remove Pottawatomi who remained in the east with devastating 
consequences. As is true with many other American Indian tribes, the 
forced removal westward came at great human cost. Many of the 
Pottawatomi were forcefully removed

[[Page S174]]

by mercenaries who were paid on a per capita basis government contract. 
Over one-half of the Indians removed by these means died en route. 
Those who reached Iowa were almost immediately removed further to 
inhospitable parts of Kansas against their will and without their 
consent.
  After learning of these conditions, many of the Pottawatomi, 
including most of the Wisconsin Band, vigorously resisted forced 
removal. To avoid Federal troops and mercenaries, much of the Wisconsin 
Band ultimately found it necessary to flee to Canada. They were often 
pursued to the border by government troops, government-paid mercenaries 
or both. Official files of the Canadian and United States governments 
disclose that many Pottawatomi were forced to leave their homes without 
their horses or any of their possessions other than the clothes on 
their backs.
  By the late 1830s, the government refused payment of annuities to any 
Pottawatomi groups that had not removed west. In the 1860s, members of 
the Wisconsin Band--those still in their traditional territory and 
those forced to flee to Canada--petitioned Congress for the payment of 
their treaty annuities promised under the Treaty of Chicago and all 
other cession treaties. By the Act of June 25, 1864, 13 Stat. 172, 
Congress declared that the Wisconsin Band did not forfeit their 
annuities by not removing and directed that the share of the 
Pottawatomi Indians who had refused to relocate to the west should be 
retained for their use in the United States Treasury. H.R. Rep. No. 
470, 64th Cong., p. 5, as quoted on page 3 of memo dated October 7, 
1949. Nevertheless, much of the money was never paid to the Wisconsin 
Band.
  In 1903, the Wisconsin Band--most of whom now resided in three areas, 
the States of Michigan and Wisconsin and the Province of Ontario--
petitioned the Senate once again to pay them their fair portion of 
annuities as required by the law and treaties, Sen. Doc. No. 185, 57th 
Cong., 2d Sess. By the act of June 21, 1906, 34 Stat. 380, Congress 
directed the Secretary of the Interior to investigate claims made by 
the Wisconsin Band and establish a roll of the Wisconsin Band 
Pottawatomi that still remained in the east. In addition, Congress 
ordered the Secretary to determine ``the [Wisconsin Bands] 
proportionate shares of the annuities, trust funds, and other moneys 
paid to or expended for the tribe to which they belong in which the 
claimant Indians have not shared, [and] the amount of such monies 
retained in the Treasury of the United States to the credit of the 
clamant Indians as directed the provision of the Act of June 25, 
1864.''
  In order to carry out the 1906 Act, the Secretary of Interior 
directed Dr. W.M. Wooster to conduct an enumeration of Wisconsin Band 
Pottawatomi in both the United States and Canada. Dr. Wooster 
documented 2,007 Wisconsin Pottawatomi: 457 in Wisconsin and Michigan 
and 1,550 in Canada. He also concluded that the proportionate share of 
annuities for the Pottawatomi in Wisconsin and Michigan was $477,339 
and that the proportionate share of annuities due the Pottawatomi 
Nation in Canada was $1,517,226. Congress thereafter enacted a series 
of appropriation Acts from June 30, 1913 to May 29, 1928 to satisfy 
most of the money owed to those Wisconsin Band Pottawatomi residing in 
the United States. However, the Wisconsin Band Pottawatomi who resided 
in Canada were never paid their share of the tribal funds.
  Since that time, the Pottawatomi Nation in Canada has diligently and 
continuously sought to enforce their treaty rights, although until this 
Congressional reference, they had never been provided their day in 
court. In 1910, the United States and Great Britain entered into an 
agreement for the purpose of dealing with claims between both 
countries, including claims of Indian tribes within their respective 
jurisdictions, by creating the Pecuniary Claims Tribunal. From 1910 to 
1938, the Pottawatomi Nation in Canada diligently sought to have their 
claim heard in this international forum. Overlooked for more pressing 
international matters of the period, including the intervention of 
World War I, the Pottawatomi then came to the U.S. Congress for redress 
of their claim.
  In 1946, the Congress waived its sovereign immunity and established 
the Indian Claims Commission for the purpose of granting tribes their 
long-delayed day in court. The Indian Claims Commission Act, ICCA, 
granted the Commission jurisdiction over claims such as the type 
involved here. In 1948, the Wisconsin Band Pottawatomi from both sides 
of the border brought suit together in the Indian Claims Commission for 
recovery of damages. Hannahville Indian Community v. U.S., No. 28 (Ind. 
Cl. Comm. Filed May 4, 1948). Unfortunately, the Indian Claims 
Commission dismissed Pottawatomi Nation in Canada's part of the claim 
ruling that the Commission had no jurisdiction to consider claims of 
Indians living outside territorial limits of the United States. 
Hannahville Indian Community v. U.S., 115 Ct. Cl. 823, 1950. The claim 
of the Wisconsin Band residing in the United States that was filed in 
the Indian Claims Commission was finally decided in favor of the 
Wisconsin Band by the U.S. Claims Court in 1983. Hannahville Indian 
Community v. United States, 4 Ct. Cl. 445, 1983. The Court of Claims 
concluded that the Wisconsin Band was owed a member's proportionate 
share of unpaid annuities from 1838 through 1907 due under various 
treaties, including the Treaty of Chicago and entered judgment for the 
American Wisconsin Band Pottawatomi for any monies not paid. Still the 
Pottawatomi Nation in Canada was excluded because of the jurisdictional 
limits of the ICCA.
  Undaunted, the Pottawatomi Nation in Canada came to the Senate, and 
after careful consideration, we finally gave them their long-awaited 
day in court through the Congressional reference process. The court has 
now reported back to us that their claim is meritorious and that the 
payment that this bill would make constitutes a ``fair, just and 
equitable'' resolution to this claim.
  The Pottawatomi Nation in Canada has sought justice for over 150 
years. They have done all that we asked in order to establish their 
claim. Now it is time for us to finally live up to the promise our 
government made so many years ago. It will not correct all the wrongs 
of the past, but it is a demonstration that this government is willing 
to admit when it has left an unfulfilled obligation, and that the 
United States is willing to do what we can to see that justice, so long 
delayed, is not now denied.
  Finally, I would just note that the claim of the Pottawatomi Nation 
in Canada is supported through specific resolutions by the National 
Congress of American Indians, the oldest, largest and most-
representative tribal organization here in the United States, the 
Assembly of First Nations, which includes all recognized tribal 
entities in Canada, and each and every of the Pottawatomi tribal groups 
that remain in the United States today.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 60

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

     SECTION 1. SETTLEMENT OF CERTAIN CLAIMS.

       (a) Authorization for Payment.--Notwithstanding any other 
     provision of law, subject to subsection (b), the Secretary of 
     the Treasury shall pay to the Pottawatomi Nation in Canada 
     $1,830,000 from amounts appropriated under section 1304 of 
     title 31, United States Code.
       (b) Payment in Accordance With Stipulation for 
     Recommendation of Settlement.--The payment under subsection 
     (a) shall--
       (1) be made in accordance with the terms and conditions of 
     the Stipulation for Recommendation of Settlement dated May 
     22, 2000, entered into between the Pottawatomi Nation in 
     Canada and the United States (referred to in this section as 
     the ``Stipulation for Recommendation of Settlement''); and
       (2) be included in the report of the Chief Judge of the 
     United States Court of Federal Claims regarding Congressional 
     Reference No. 94-1037X, submitted to the Senate on January 4, 
     2001, in accordance with sections 1492 and 2509 of title 28, 
     United States Code.
       (c) Full Satisfaction of Claims.--The payment under 
     subsection (a) shall be in full satisfaction of all claims of 
     the Pottawatomi Nation in Canada against the United States 
     that are referred to or described in the Stipulation for 
     Recommendation of Settlement.
       (d) Nonapplicability.--Notwithstanding any other provision 
     of law, the Indian Tribal Judgment Funds Use or Distribution 
     Act (25 U.S.C. 1401 et seq.) does not apply to the payment 
     under subsection (a).
                                 ______