[Congressional Record Volume 160, Number 131 (Monday, September 15, 2014)]
[House]
[Page H7485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 GUN LAKE TRUST LAND REAFFIRMATION ACT

  Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules 
and pass the bill (S. 1603) to reaffirm that certain land has been 
taken into trust for the benefit of the Match-E-Be-Nash-She-Wish Band 
of Pottawatami Indians, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1603

       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 ``Gun Lake Trust Land 
     Reaffirmation Act''.

     SEC. 2. REAFFIRMATION OF INDIAN TRUST LAND.

       (a) In General.--The land taken into trust by the United 
     States for the benefit of the Match-E-Be-Nash-She-Wish Band 
     of Pottawatomi Indians and described in the final Notice of 
     Determination of the Department of the Interior (70 Fed. Reg. 
     25596 (May 13, 2005)) is reaffirmed as trust land, and the 
     actions of the Secretary of the Interior in taking that land 
     into trust are ratified and confirmed.
       (b) No Claims.--Notwithstanding any other provision of law, 
     an action (including an action pending in a Federal court as 
     of the date of enactment of this Act) relating to the land 
     described in subsection (a) shall not be filed or maintained 
     in a Federal court and shall be promptly dismissed.
       (c) Retention of Future Rights.--Nothing in this Act alters 
     or diminishes the right of the Match-E-Be-Nash-She-Wish Band 
     of Pottawatomi Indians from seeking to have any additional 
     land taken into trust by the United States for the benefit of 
     the Band.

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


                             General Leave

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, S. 1603 ratifies a decision of the Secretary of the 
Interior to acquire land and place it in trust for the Gun Lake Tribe 
of Michigan.
  The 147-acre parcel of land, often called the Bradley Property, is 
located south of the city of Grand Rapids and within the district of 
our colleague from Michigan, the chairman of the Energy and Commerce 
Committee, Mr. Upton, who does support this legislation.
  The Bradley Property is the site of a casino operated by the Gun Lake 
Tribe pursuant to the Indian Gaming Regulatory Act of 1988. The Bradley 
Property must be held in Federal trust for the tribe to operate its 
casino.
  This bill is necessary to confirm the trust status of the Gun Lake 
Tribe's land because the United States Supreme Court ruling holding in 
Carcieri v. Salazar casts doubt on the lawfulness of the Secretary's 
acquisition of the trust property.
  The Gun Lake Tribe was recognized in 1999, but the Secretary acquired 
land for the tribe pursuant to the Indian Reorganization Act of 1934. 
This act was intended to benefit tribes recognized and under Federal 
jurisdiction in 1934.
  Mr. Speaker, the bill passed the Senate by unanimous consent, and the 
Department of the Interior supports the bill. I urge passage of S. 
1603, and I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield myself as much time as I may 
consume.
  (Mr. GRIJALVA asked and was given permission to revise and extend his 
remarks.)
  Mr. GRIJALVA. Mr. Speaker, since the Supreme Court's decision in 
2009, the Carcieri decision, the status of Indian lands across the 
country have been undermined, and there has been an uptick in frivolous 
suits against tribal lands. One such lawsuit, the Patchak case, has put 
a Michigan tribe's trust land, upon which its casino supports 
approximately 1,000 much-needed jobs was constructed, very much in 
jeopardy.
  S. 1603, the Gun Lake Trust Land Reaffirmation Act, simply affirms 
that the land taken into trust for the Gun Lake Tribe in Michigan is 
Indian land and is rightfully held in trust by the United States for 
the tribe's benefit. The bill passed the Senate by unanimous consent, 
and it passed House committee markup without event.
  Mr. Speaker, I fully support this legislation, as does the tribe, the 
entire Michigan delegation, and the administration, and I look forward 
to its passing the House and being signed into law.
  I am glad this bill has passed through the legislative process so 
quickly. That said, I think unless and until we have a Carcieri-fix 
legislation enacted, these types of piecemeal bills will become 
routinely needed to protect tribal lands that are rightfully held in 
trust.
  I call upon all of my colleagues in this body and in the Senate to 
work together to obtain that fix.
  With that, Mr. Speaker, we have no further speakers, and I yield back 
the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I urge adoption of this 
legislation, and I yield back the balance of my time.
  Mr. UPTON. Mr. Speaker, I rise in strong support of the Gun Lake 
Trust Land Reaffirmation Act, a bipartisan bill that will preserve 
1,000 jobs in Michigan's 6th district. I would like to thank Chairman 
Doc Hastings for allowing this piece of legislation to move forward 
through the Natural Resources Committee.
  This bill is really quite simple. It merely reaffirms the U.S. 
Department of Interior's action of taking this land into trust for the 
Gun Lake Tribe and prevents any future frivolous legal action on this 
matter.
  On these lands, the Tribe opened a gaming and entertainment facility 
that has created over 1,000 jobs. For a small community, really for any 
community, 1,000 new jobs is an incredible feat. The local government 
and schools also benefit from the facility's revenues. This is quite 
the advantage in a time when municipalities are slashing services due 
to deficits. Reaffirmation of this land into trust has the utmost 
support of our local law enforcement, elected officials, and business 
leaders.
  The Gun Lake Trust Land Reaffirmation Act is a good thing for the 
folks in my district and it is just the right thing to do. I urge you 
to help pass legislation that will allow jobs to flourish and provide 
resources for our schools and communities.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Hastings) that the House suspend the 
rules and pass the bill, S. 1603.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. HASTINGS of Washington. 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, further 
proceedings on this motion will be postponed.

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