[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[House]
[Pages H6039-H6041]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    CATAWBA INDIAN NATION LANDS ACT

  Ms. LEGER FERNANDEZ. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 1619) to clarify the status of gaming conducted by 
the Catawba Indian Nation, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1619

       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 ``Catawba Indian Nation Lands 
     Act''.

     SEC. 2. APPLICATION OF CURRENT LAW.

       (a) Lands in South Carolina.--Section 14 of the Catawba 
     Indian Tribe of South Carolina Claims Settlement Act of 1993 
     (Public Law 103-116) shall only apply to gaming conducted by 
     the Catawba Indian Nation on lands located in South Carolina.
       (b) Lands in States Other Than South Carolina.--Gaming 
     conducted by the Catawba Indian Nation on lands located in 
     States other than South Carolina shall be subject to the 
     Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and 
     sections 1166 through 1168 of title 18, United States Code.

     SEC. 3. REAFFIRMATION OF STATUS AND ACTIONS.

       (a) Ratification of Trust Status.--The action taken by the 
     Secretary on July 10, 2020, to place approximately 17 acres 
     of land located in Cleveland County, North Carolina, into 
     trust for the benefit of the Catawba Indian Nation is hereby 
     ratified and confirmed as if that action had been taken under 
     a Federal law specifically authorizing or directing that 
     action.
       (b) Administration.--The land placed into trust for the 
     benefit of the Catawba Indian Nation by the Secretary on July 
     10, 2020, shall--
       (1) be a part of the Catawba Reservation and administered 
     in accordance with the laws and regulations generally 
     applicable to land held in trust by the United States for an 
     Indian Tribe; and
       (2) be deemed to have been acquired and taken into trust as 
     part of the restoration of lands for an Indian tribe that is 
     restored to Federal recognition pursuant to section 
     20(b)(1)(B)(iii) of the Indian Gaming Regulatory Act (25 
     U.S.C. 2719(b)(1)(B)(iii)).
       (c) Rules of Construction.--Nothing in this Act shall--
       (1) enlarge, impair, or otherwise affect any right or claim 
     of the Catawba Indian Nation to any land or interest in land 
     in existence before the date of the enactment of this Act;
       (2) affect any water right of the Catawba Indian Nation in 
     existence before the date of the enactment of this Act;
       (3) terminate or limit any access in any way to any right-
     of-way or right-of-use issued, granted, or permitted before 
     the date of the enactment of this Act; or
       (4) alter or diminish the right of the Catawba Indian 
     Nation to seek to have additional land taken into trust by 
     the United States for the benefit of the Catawba Indian 
     Nation.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New Mexico (Ms. Leger Fernandez) and the gentleman from Arkansas (Mr. 
Westerman) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New Mexico.


                             General Leave

  Ms. LEGER FERNANDEZ. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the measure under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New Mexico?
  There was no objection.
  Ms. LEGER FERNANDEZ. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, today is the first day of the month that is dedicated 
to Native American heritage. As we all know, the United States' 
historic treatment of our indigenous governments and peoples is fraught 
with genocide, displacement, termination, and attempts to eliminate 
Native American culture, language, and identity.
  But as a Nation, we have also taken actions to remedy and to build 
back from that sad history. In 1934, Congress recognized that 
termination was the wrong policy and passed the Indian Reorganization 
Act, which recognized Tribal governments and placed most remaining 
Tribal land into trust. In 1975, we passed the Indian Self-
Determination Act, which allowed Tribes to reassert their sovereignty 
and jurisdiction over their own lands and programs intended to benefit 
them, but the work is far from done.
  Through bipartisan legislation we are debating today, and many other 
legislative initiatives we will undertake this 117th Congress, we are 
furthering Tribal recognition and reacquisition of Tribal homelands. We 
are strengthening the consultation requirements to provide better 
healthcare to the 70 percent of Native Americans living in urban areas. 
In the infrastructure bill and Build Back Better Act, we will have 
historic levels of funding for programs that meet the trust 
responsibilities owed to Native Americans, promised to them as the 
United States entered into treaties and took over their historic lands.
  Our work today declares that it is not enough to just acknowledge 
Native American heritage, we must also pass the legislation that 
protects that heritage and strengthens Tribal sovereignty and self-
determination.
  Madam Speaker, I want to thank Majority Leader Hoyer for scheduling 
these bills to be heard today as we begin Native American Heritage 
month. I especially want to thank Chairman Grijalva and Ranking Member 
Westerman for moving the bills through the Natural Resources Committee.
  Madam Speaker, I wish to thank the sponsors of the bills and the 
committee staff who dedicate themselves to getting things done on 
behalf of the indigenous peoples of our country.
  Madam Speaker, I will turn to H.R. 1619. The Catawba Indian Nation 
Lands Act, introduced by Representative Clyburn of South Carolina, will 
ratify and confirm the Department of the Interior's decision to take 
into trust 17 acres of land in Cleveland County, North Carolina, for 
the benefit of the Catawba Indian Nation.
  The Catawba Indian Nation is the only Federally-recognized Tribe in 
South Carolina, and its approximately 3,400 members reside primarily in 
the Catawba River Valley. The current Catawba Reservation is made up of 
multiple parcels of land in South Carolina, totaling about 700 acres.
  To improve the Tribal economy and meet the needs of Tribal members, 
the Catawba Nation petitioned the Department of the Interior to place 
approximately 17 acres of land, known as the Kings Mountain site, into 
trust in Cleveland County, North Carolina, for gaming and other 
purposes.
  On March 12, 2020, the Department of the Interior accepted the 
Catawba Indian Nation's request to transfer the land into trust. The 
Department's decision derived from the terms of the Catawba Indian 
Tribe of South Carolina Land Claims Settlement Act of 1993, which ended 
the Nation's fight against the State of South Carolina in its assertion 
of aboriginal land claims.
  The Act not only restored the Federal trust relationship between the 
Nation and the Federal Government, but it also contained various 
provisions about the trust acquisition of land by the Secretary of the 
Interior, the use of such land for gaming, and the applicability of the 
Indian Gaming Regulatory Act.

[[Page H6040]]

  Following the announcement of the Department of the Interior's 
decision, the Eastern Band of Cherokee Indians filed a suit against it 
to block the Nation's plans to construct a casino complex at the Kings 
Mountain site.
  Among other assertions, the Eastern Band of Cherokee Indians claims 
that the project will encroach upon its aboriginal territory. However, 
the historical records demonstrate the Kings Mountain site is within 
the aboriginal and historical lands of the Catawba Nation.
  H.R. 1619 will thus reaffirm the Department of the Interior's 
recognition of Catawba Indian Nation's historical and ancestral ties to 
the lands in Kings Mountain and the Catawba Nation's right to conduct 
gaming operations on those lands under the terms of the Indian Gaming 
Regulatory Act.
  The legislation will provide much-needed economic development 
opportunities to the Nation and the surrounding local communities.
  Madam Speaker, I want to thank Mr. Clyburn for championing this 
bipartisan legislation, and I urge its quick adoption. I reserve the 
balance of my time.
  Mr. WESTERMAN. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H.R. 1619 would ratify and reaffirm a March 2020 
decision by the Department of the Interior to place 17 acres of the 
land located in Kings Mountain, North Carolina, into trust for the 
Catawba Indian Nation.
  In 1980, the Catawba Tribe filed a land claim for former Tribal land 
in South Carolina, but the agreement they entered with the State failed 
to provide a clear understanding as to where the Tribe may have lands 
held in trust, what process is required, or whether the Indian Gaming 
Regulatory Act applies to the Catawba Nation.

  By 1993, the Tribe and the State of South Carolina entered into an 
agreement to settle the lawsuit, and the South Carolina legislature 
enacted a law ratifying that agreement.
  That same year, Congress ratified the settlement agreement by passing 
the Catawba Indian Tribe of South Carolina Land Claims Settlement Act 
and extinguished any other potential claims of the Catawba.
  In exchange, the Catawba received $50 million, the restoration of 
their status as a Federally-recognized Tribe, and a streamlined process 
for restoring its land base in South Carolina.
  But confusion about the Tribe's land continued as it submitted an 
application with the Department of the Interior to place land in 
Cleveland County, North Carolina, acquired into trust to develop a 
casino.
  Even after the Department of the Interior approved the Catawba's 
trust application, determining that the Tribe met the restored lands 
exemption under the Indian Gaming Regulatory Act, there were still 
ambiguities that led to a challenge in court.
  Madam Speaker, I hope that this bill will finally resolve the 
remaining issues and give the Catawba Tribe certainty about its land 
and the ways it can use it.
  Madam Speaker, I reserve the balance of my time.
  Ms. LEGER FERNANDEZ. Madam Speaker, I yield 5 minutes to the 
gentleman from South Carolina (Mr. Clyburn).
  Mr. CLYBURN. Madam Speaker, I rise today to call upon this august 
body for a favorable vote on H.R. 1619. That is a very interesting 
number for this legislation. This legislation is known as the Catawba 
Indian Nation Lands Act.
  The Catawba Indian Nation Lands Act clarifies that the Catawba Indian 
Nation is subject to the well-established rules and regulations of the 
Indian Gaming Regulatory Act on their modern and ancestral lands in the 
State of North Carolina.
  This legislation will clarify the Tribe's 1993 Land Claims Settlement 
Act and reaffirm recent action taken by the Department of the Interior 
to take land into trust for the Tribe.
  Most importantly, this bipartisan legislation is a very significant 
step toward rectifying historic injustices that have been perpetrated 
against the Catawba Indian Nation.
  Like, in many other instances of current effects of historical 
inequities, the Catawba Nation experiences high unemployment and 
poverty rates causing many of its citizens to rely upon Federal and 
State governments for basic social services.
  The enactment of this legislation is critical to helping the Catawba 
Indian Nation secure economic self-sufficiency as Congress originally 
intended when it passed the Indian Gaming Regulatory Act of 1988.
  Madam Speaker, I respectfully ask my colleagues for a favorable vote 
on this Act.
  Mr. WESTERMAN. Madam Speaker, I yield such time as he may consume to 
the gentleman from South Carolina (Mr. Timmons).
  Mr. TIMMONS. Madam Speaker, I rise today in strong support of H.R. 
1619, the Catawba Indian Nation Lands Act. I was proud to partner with 
the majority whip, Mr. Clyburn, and several other of my colleagues from 
North and South Carolina in introducing this legislation.
  This bill is straightforward. It would simply codify action taken by 
President Trump's Department of the Interior last year, granting 17 
acres of the Catawba Indian Nation's ancestral lands into trust for the 
Tribe.
  This action by the Interior Department has been held up needlessly in 
the Federal court system, although the only decisions so far have been 
held in favor of the Catawbas. This bill would cut short that process 
and confirm the ability for the Catawba Indian Nation to move forward 
with their plans for this piece of land which, I would note again, is 
most certainly within the borders of their ancestral homelands.
  This piece of land will be critical in providing economic opportunity 
for a community that suffers from above-average unemployment and 
poverty rates. This will enable self-sufficiency and reduce the need 
for members of the Catawba population to rely on Federal and State 
governments for basic social services.
  This step has been many years in the making, and I am glad to have 
played a small part in getting it done. I would also like to thank our 
partners in the Senate, Senators Graham, Tillis, and Burr for 
spearheading this effort in their body. Hopefully, we can get this 
important piece of legislation to the President's desk in short order.
  Madam Speaker, in closing, I would like to ask my colleagues to join 
me in support of this bill. It is bipartisan, it is common sense, and 
it will very much help the 3,400 members of the Catawba Nation in North 
and South Carolina live more prosperous lives.
  Mr. WESTERMAN. Madam Speaker, I yield back the balance of my time.
  Ms. LEGER FERNANDEZ. Madam Speaker, I yield 2 minutes to the 
gentleman from North Carolina (Mr. Butterfield).
  Mr. BUTTERFIELD. Madam Speaker, let me first thank Congresswoman 
Leger Fernandez for her friendship and leadership, and thank her for 
yielding time to me this afternoon.
  Madam Speaker, I rise in support of H.R. 1619, the Catawba Indian 
Nation Lands Act.
  A few moments ago, Congressman Clyburn made reference to the fact 
that 1619 was a very significant number. What he was referring to, 
Madam Speaker, was that it was the year 1619 that the first slaves 
arrived in America--the first African slaves, I might say, arrived in 
America.

                              {time}  1615

  It is very interesting that this bill bears that number, but I am in 
full support of this legislation.
  Madam Speaker, this is good, bipartisan legislation. You can see that 
it has support on both sides of the aisle. It will ratify actions taken 
by the Department of the Interior that placed 17 acres of land in North 
Carolina that are within the Catawba's service area, as defined by 
Congress in 1993, that land was placed into trust for the benefit of 
the Tribe.
  This bill would enable the Catawba Indian Nation to secure economic 
self-sufficiency as envisioned by Congress in passing the Indian Gaming 
Regulatory Act of 1987. It will generate millions of dollars in 
economic development and create thousands of jobs in North Carolina, 
where few jobs currently exist.
  That, Madam Speaker, is why I have such a deep interest in this 
legislation, because of the economic impact.
  The Catawba Nation has already signed an agreement. I need to make

[[Page H6041]]

sure the record is clear about that. The Catawba Nation has already 
signed an agreement with our Governor, Governor Roy Cooper, and they 
have the support of the local community.
  Madam Speaker, I respectfully urge my colleagues to vote ``yes'' on 
this important legislation.
  Ms. LEGER FERNANDEZ. Madam Speaker, I yield myself the balance of my 
time.
  Madam Speaker, I think that we have heard today about the importance 
of how we are, in essence, making history by undoing a little bit of 
the unfortunate history of the United States. This small parcel of 
land, which will be taken into trust, will yield significant benefits 
for the Tribe.
  I do appreciate the fact that, like all the legislation we are 
considering today, it is bipartisan and that all of those who are 
supporting it recognize the benefits that it will bring to the Catawba 
Nation.
  Madam Speaker, I urge my colleagues to support the legislation, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New Mexico (Ms. Leger Fernandez) that the House 
suspend the rules and pass the bill, H.R. 1619.
  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. ROY. Madam Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

                          ____________________