[Congressional Record Volume 159, Number 170 (Tuesday, December 3, 2013)]
[House]
[Pages H7425-H7426]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 FOND DU LAC BAND OF LAKE SUPERIOR CHIPPEWA NON-INTERCOURSE ACT OF 2013

  Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2650) to allow the Fond du Lac Band of Lake Superior 
Chippewa in the State of Minnesota to lease or transfer certain land, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2650

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

     SECTION 1. CONGRESSIONAL APPROVAL OF CERTAIN LAND 
                   TRANSACTIONS.

       (a) In General.--Notwithstanding any other provision of law 
     (including regulations), and without further approval, 
     ratification, or authorization by the United States, the Fond 
     du Lac Band of Lake Superior Chippewa in the State of 
     Minnesota (referred to in this Act as the ``Band'') may 
     lease, sell, convey, warrant, or otherwise transfer all or 
     any portion of the interest of the Band in any real property 
     that is not held in trust by the United States for the 
     benefit of the Band.
       (b) No Effect on Trust Land.--Nothing in this Act--
       (1) authorizes the Band to lease, sell, convey, warrant, or 
     otherwise transfer all or any portion of any interest in any 
     real property that is held in trust by the United States for 
     the benefit of the Band; or
       (2) affects any Federal law (including regulations) 
     relating to leasing, selling, conveying, warranting, or 
     otherwise transferring any interest in the real property 
     described in paragraph (1).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. McClintock) and the gentleman from Arizona (Mr. 
Grijalva) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. McCLINTOCK. Mr. Speaker, this legislation would ensure that the 
Non-Intercourse Act, which limits legal transactions by tribes, does 
not interfere with the Fond du Lac Band of Lake Superior Chippewa 
tribe's ability to lease, buy, or sell fee land owned by the tribe. The 
bill also clearly states that it does not authorize the tribe to sell, 
transfer, lease, convey, or warrant all or any portion of land held in 
trust by the Federal Government. There is precedent for tribes to seek 
legislation in Congress to waive the Non-Intercourse Act for 
transactions of nontrust land because of an overabundance of caution by 
both tribal and nontribal parties.
  I would ask for adoption of the bill and reserve the balance of my 
time.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  The Fond Du Lac Band of Lake Superior Chippewa and the county of 
Carlton, Minnesota, have proposed a land exchange involving 1,451 acres 
of tribal fee land located outside the Band's reservation. Those lands 
would be exchanged for tax-forfeited State lands of equivalent value 
that are administered by Carlton County but located within the Band's 
reservation.
  H.R. 2650 would authorize the land exchange and would allow future 
land exchanges between the county and the Band which have been 
identified as candidates for similar land exchanges. I support H.R. 
2650 and urge its passage by the House today.
  Representative Nolan is to be commended for his leadership and 
persistence on behalf of his constituents and his district.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Minnesota (Mr. Nolan), the sponsor of the legislation.
  Mr. NOLAN. Mr. Speaker, I thank my distinguished colleague from 
Arizona, Congressman Grijalva, for his leadership on this committee and 
his management of this bill here, in particular.
  And thanks to all those who have worked together in a bipartisan 
manner to bring this important legislation to the floor of the House 
here today. In particular, I want to thank Natural Resources Committee 
Chairman Doc Hastings; former ranking member and now United States 
Senator Ed Markey; current Ranking Member Peter DeFazio; as well as my 
old friend Chairman Don Young, the chairman of the Natural Resources 
Subcommittee on Indian and Alaska Native Affairs; Ranking Member 
Colleen Hanabusa; and, of course, a thank you to Senator Al Franken of 
Minnesota, who shepherded the companion bill in the Senate.
  I also want to thank Karen Diver, the chairwoman of the Fond Du Lac 
Band, her colleagues on the Reservation Business Committee, as well as 
their natural resources management team of Reggie DeFoe, Steve Olson, 
and Jack Bassett. And, finally, a thank you to Gregory Bernu, the 
Carlton County land commissioner, and the entire Carlton County Board 
of Commissioners and their staff for their diligence and good faith in 
negotiating the agreement we are prepared to ratify today. And, of 
course, last, but not least, I thank my legislative staff assistant 
Will Mitchell.
  Mr. Speaker, this bill, H.R. 2650, provides the legally required 
approval by the Congress for an exchange of land between the Fond Du 
Lac Band and Carlton County in the Eighth Congressional District of 
Minnesota.

[[Page H7426]]

  By way of a brief background, Federal land allotment policies in the 
early 20th century played havoc with an 1854 treaty that set aside 
101,000 acres of reservation land exclusively for the Fond Du Lac Band.
  I would like to point out to my colleagues that as they enter the 
Chamber over here from the west front, there is a bust of Chief 
Buffalo, the great Chippewa chief from the Minnesota Territory who 
negotiated this treaty in 1854. He and fellow Band members got in a 
canoe; and they canoed, starting in Lake Superior, all the way through 
the Great Lakes out to New York City, and then took a train from there 
down to Washington to negotiate this treaty. And then, of course, they 
took the train back to New York and canoed all the way back through the 
St. Lawrence Seaway, the Great Lakes, and then back to the Chippewa 
Nation in the Minnesota Territory.
  As I enter this Chamber myself each day, I am reminded sometimes of 
the long, hard travel that is required to do the right thing 
representing our people, as I know all the Members of this Congress are 
committed to doing. So each day when I enter this Chamber, I say ``hi'' 
to Buffalo, and I recommend that each of my colleagues do the same.
  And I am not sure, but when I walked by Chief Buffalo today, I 
thought I saw a pleasant look of approval, if not a little nod, that 
the Congress was going to work here today to take care of this 
legislation, because, unfortunately, after that treaty was negotiated, 
homesteaders and others were wrongly permitted to settle on this tribal 
land, much of which was later forfeited to the county for nonpayment of 
taxes. The result today is a checkerboard of ownership that 
significantly limits both the Fond Du Lac Band and the county's ability 
to effectively use these lands that they control.
  Under this agreement, which meets all requirements of Minnesota law, 
the Fond Du Lac Band will transfer 1,451 acres of land they own outside 
the Fond du Lac reservation to Carlton County. In return, Carlton 
County will transfer approximately 3,200 acres of land of equal value, 
I must point out, that they now administer within the boundaries of the 
Fond du Lac reservation back to the Fond Du Lac Band.
  It is a sensible agreement that provides space for the Band to 
construct much-needed housing for its 6,700 members, as well as provide 
more area for hunting, gathering, and native activities. Additionally, 
the agreement provides Carlton County with valuable new timber and 
forestry resources.
  Lastly, Mr. Speaker, I would point out that H.R. 2650 is modeled on 
statutes that were passed in this body in 2000 and 2004, allowing the 
Lower Sioux Indian community in Minnesota and the Shakopee Mdewakanton 
Sioux community in Minnesota to accomplish similar transactions. It is 
also my understanding that passage of this bill will greatly help 
facilitate possible similar transactions between the Fond Du Lac Band 
and Carlton County in the future.
  Mr. Speaker, I respectfully ask my colleagues to approve this 
legislation; and, again, I thank all those who have worked to pass this 
legislation in a bipartisan effort.
  Mr. GRIJALVA. I yield back the balance of my time.
  Mr. McCLINTOCK. Mr. Speaker, I urge adoption of the legislation and 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. McClintock) that the House suspend the 
rules and pass the bill, H.R. 2650, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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