[Congressional Record (Bound Edition), Volume 149 (2003), Part 16]
[House]
[Pages 22661-22667]
[From the U.S. Government Publishing Office, www.gpo.gov]




       EASTERN BAND OF CHEROKEE INDIANS LAND EXCHANGE ACT OF 2002

  Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1409) to provide for a Federal land exchange for the 
environmental, educational, and cultural benefit of the American public 
and the Eastern Band of Cherokee Indians, and for other purposes.
  The Clerk read as follows:

                               H.R. 1409

       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 ``Eastern Band of Cherokee 
     Indians Land Exchange Act of 2002''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) Since time immemorial, the ancestors of the Eastern 
     Band of Cherokee Indians have lived in the Great Smoky 
     Mountains of North Carolina. The Eastern Band's ancestral 
     homeland includes substantial parts of seven eastern States 
     and the land that now constitutes the Great Smoky Mountains 
     National Park.
       (2) The Eastern Band has proposed a land exchange with the 
     National Park Service and has spent over $1,500,000 for 
     studies to thoroughly inventory the environmental and 
     cultural resources of the proposed land exchange parcels.
       (3) Such land exchange would benefit the American public by 
     enabling the National Park Service to acquire the Yellow Face 
     tract, comprising 218 acres of land adjacent to the Blue 
     Ridge Parkway.
       (4) Acquisition of the Yellow Face tract for protection by 
     the National Park Service would serve the public interest by 
     preserving important views for Blue Ridge Parkway visitors, 
     preserving habitat for endangered species and threatened 
     species including the northern flying squirrel and the rock 
     gnome lichen, preserving valuable high altitude wetland 
     seeps, and preserving the property from rapidly advancing 
     residential development.
       (5) The proposed land exchange would also benefit the 
     Eastern Band by allowing it to acquire the Ravensford tract, 
     comprising 143 acres adjacent to the Tribe's trust territory 
     in Cherokee, North Carolina, and currently within the Great 
     Smoky Mountains National Park and Blue Ridge Parkway. The 
     Ravensford tract is part of the Tribe's ancestral homeland as 
     evidenced by archaeological finds dating back no less than 
     6,000 years.
       (6) The Eastern Band has a critical need to replace the 
     current Cherokee Elementary School, which was built by the 
     Department of the Interior over 40 years ago with a capacity 
     of 480 students. The school now hosts 794 students in 
     dilapidated buildings and mobile classrooms at a dangerous 
     highway intersection in downtown Cherokee, North Carolina.
       (7) The Eastern Band ultimately intends to build a new 
     three-school campus to serve as an environmental, cultural, 
     and educational ``village,'' where Cherokee language and 
     culture can be taught alongside the standard curriculum.
       (8) The land exchange and construction of this educational 
     village will benefit the American public by preserving 
     Cherokee traditions and fostering a vibrant, modern, and 
     well-educated Indian nation.
       (9) The land exchange will also reunify tribal reservation 
     lands now separated between the Big Cove Community and the 
     balance of the Qualla Boundary, reestablishing the 
     territorial integrity of the Eastern Band.
       (10) The Ravensford tract contains no threatened species or 
     endangered species listed pursuant to the Endangered Species 
     Act of 1973. The 218-acre Yellow Face tract has a number of 
     listed threatened species and endangered species and a higher 
     appraised value than the 143-acre Ravensford tract.
       (11) The American public will benefit from the Eastern 
     Band's commitment to mitigate any impacts on natural and 
     cultural resources on the Ravensford tract, by among other 
     things reducing the requested acreage from 168 to 143 acres.
       (12) The Congress and the Department of the Interior have 
     approved land exchanges in the past when the benefits to the 
     public and requesting party are clear, as they are in this 
     case.
       (b) Purposes.--The purposes of this Act are the following:
       (1) To acquire the Yellow Face tract for protection by the 
     National Park Service, in order to preserve the Waterrock 
     Knob area's spectacular views, endangered species and high 
     altitude wetland seeps from encroachment by housing 
     development, for the benefit and enjoyment of the American 
     public.
       (2) To transfer the Ravensford tract, to be held in trust 
     by the United States for the benefit of the Eastern Band of 
     Cherokee Indians, in order to provide for an education 
     facility that promotes the cultural integrity of the Eastern 
     Band and to reunify two Cherokee communities that were 
     historically contiguous, while mitigating any impacts on 
     natural and cultural resources on the tract.
       (3) To promote cooperative activities and partnerships 
     between the Eastern band and the National Park Service within 
     the Eastern Band's ancestral homelands.

     SEC. 3. LAND EXCHANGE.

       (a) In General.--The Secretary of the Interior 
     (``Secretary'') shall exchange the Ravensford tract, 
     currently in the Great Smoky Mountains National Park and the 
     Blue Ridge Parkway, for the Yellow Face tract adjacent to the 
     Waterrock Knob Visitor Center on the Blue Ridge Parkway.
       (b) Treatment of Exchanged Lands.--Effective upon receipt 
     by the Secretary of a deed or deeds satisfactory to the 
     Secretary for the lands comprising the Yellow Face tract (as 
     described in subsection (c)) to the United States, all right, 
     title, and interest of the United States in and to the 
     Ravensford tract (as described in subsection (d)), including 
     all improvements and appurtenances, are declared to be held 
     in trust by the United States for the benefit of the Eastern 
     Band of Cherokee Indians as part of the Cherokee Indian 
     Reservation.
       (c) Yellow Face Tract.--The Yellow Face tract shall contain 
     Parcels 88 and 89 of the Hornbuckle Tract, Yellow Face 
     Section, Qualla Township, Jackson County, North Carolina, 
     which consist altogether of approximately 218 acres and are 
     depicted as the ``Yellow Face Tract'' on the map entitled 
     ``Land Exchange Between the National Park Service and the 
     Eastern Band of Cherokee Indians,'' numbered 133/80020A, and 
     dated November 2002. The map shall be on file and available 
     for public inspection in the appropriate offices of the 
     National Park Service and the Bureau of Indian Affairs. Upon 
     completion of the land exchange, the Secretary shall adjust 
     the boundary of the Blue Ridge Parkway to include such lands 
     and shall manage the lands as part of the parkway.
       (d) Ravensford Tract.--The lands declared by subsection (b) 
     to be held in trust for the Eastern Band of Cherokee Indians 
     shall consist of approximately 143 acres depicted as the 
     ``Ravensford Tract'' on the map identified in subsection (c). 
     Upon completion

[[Page 22662]]

     of the land exchange, the Secretary shall adjust the 
     boundaries of Great Smoky Mountains National Park and the 
     Blue Ridge Parkway to exclude such lands.
       (e) Legal Descriptions.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary of the Interior 
     shall file a legal description of the areas described in 
     subsections (c) and (d) with the Committee on Resources of 
     the House of Representatives and the Committee on Indian 
     Affairs and the Committee on Energy and Natural Resources of 
     the Senate. Such legal descriptions shall have the same force 
     and effect as if the information contained in the description 
     were included in those subsections except that the Secretary 
     may correct clerical and typographical errors in such legal 
     descriptions. The legal descriptions shall be on file and 
     available for public inspection in the offices of the 
     National Park Service and the Bureau of Indian Affairs.

     SEC. 4. IMPLEMENTATION PROCESS.

       (a) Government-to-Government Agreements.--In order to 
     fulfill the purposes of this Act and to establish cooperative 
     partnerships for purposes of this Act the Director of the 
     National Park Service and the Eastern Band of Cherokee 
     Indians shall enter into government-to-government 
     consultations and shall develop protocols to review planned 
     construction on the Ravensford tract. The Director of the 
     National Park Service is authorized to enter into cooperative 
     agreements with the Eastern Band for the purpose of providing 
     training, management, protection, preservation, and 
     interpretation of the natural and cultural resources on the 
     Ravensford tract.
       (b) Construction Standards.--Recognizing the mutual 
     interests and responsibilities of the Eastern Band of 
     Cherokee Indians and the National Park Service for the 
     conservation and protection of the resources on the 
     Ravensford tract, the National Park Service and the Eastern 
     Band shall develop mutually agreed upon standards for size, 
     impact, and design of construction consistent with the 
     purposes of this Act on the Ravensford tract. The standards 
     shall be consistent with the Eastern Band's need to develop 
     educational facilities and support infrastructure adequate 
     for current and future generations and shall otherwise 
     minimize or mitigate any adverse impacts on natural or 
     cultural resources. The standards shall be based on 
     recognized best practices for environmental sustainability 
     and shall be reviewed periodically and revised as necessary. 
     Development of the tract shall be limited to a road and 
     utility corridor, an educational campus, and the 
     infrastructure necessary to support such development. No new 
     structures shall be constructed on the part of the Ravensford 
     tract depicted as the ``No New Construction'' area on the map 
     referred to in Section 3(c), which is generally the area 
     north of the point where Big Cove Road crosses the Raven Fork 
     River. All development on the Ravensford tract shall be 
     conducted in a manner consistent with this section and such 
     development standards.

     SEC. 5. GAMING PROHIBITION.

       Gaming as defined and regulated by the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.) shall be prohibited 
     on the Ravensford tract.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Renzi) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Renzi).
  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1409 provides a land exchange between the National 
Park Service and the Eastern Band of Cherokee Indians whose reservation 
is located in western North Carolina. The bill is sponsored by the 
tribe's Congressman, the gentleman from North Carolina (Mr. Taylor). 
The bill was the subject of a full Committee on Resources hearing on 
June 18, 2003, and was ordered reported on a unanimous voice vote.
  The purpose of the land exchange is to enable the construction of a 
new school, which is necessary to replace the overcrowded, outdated and 
unsafe school that the Cherokee students are presently forced to 
attend.
  Under the legislation, the Eastern Band will give the American public 
218 acres of high-value, pristine land along the Blue Ridge Parkway. 
This land has high habitat value for several endangered species. 
Because this land is private property, it would otherwise be open to 
future development. Instead, it will be made part of the National Park 
System.
  In return, only 143 acres of lower-value land in the Great Smoky 
Mountains National Park, called the Ravensford tract, will be placed in 
a trust for the Tribe. This property is adjacent to the Cherokee 
Reservation and is part of the Tribe's ancestral land area.
  On this site, a new educational campus emphasizing traditional 
Cherokee values, including the preservation of the natural environment, 
would be constructed. The bill upholds a strict set of construction 
standards to minimize environmental impact.
  In short, this is an education bill, an education bill for Native 
American youth on the Eastern Cherokee Reservation. The Tribe is 
setting an example that ought to be followed by local, State and Tribal 
governments who care about providing America's youth with a high-
quality learning environment.
  During the committee hearing on H.R. 1409, we heard from Cherokee 
student Cory Blankenship, who traveled to Washington, D.C. and spoke on 
the need for this land exchange. He said, ``In the last decade, over 
3.5 million acres of land nationwide have been placed under the 
protection of the National Park Service. We are asking only for 143 
acres to help us build our school and preserve our culture.''
  The Eastern Band has already spent over $1.5 million to carefully 
evaluate this proposal. The Ravensford Tract was determined to be the 
ideal site for a new Cherokee school. The terrain is flat, accessible, 
and located away from the dangerous intersection where the existing 
school is situated. In the past, this site was used as a site of a 
lumber mill, and it is now nowhere near the pristine state that the 
other tract that is being offered for it is.
  More important, the Eastern Cherokee people have a moral claim to the 
Ravensford Tract. In the 1940s, the parcel in question was supposed to 
be conveyed to the Cherokee as part of a deal in which the Indians gave 
up land so that the government could build the Blue Ridge Parkway 
through their Reservation, but Congress deleted this parcel after the 
deal was agreed to. Therefore, in addition to this being a bill about 
building a new school for the Tribe's children, we need to uphold our 
end of the bargain made in good faith with sovereign Indian Nations.
  It is hard to believe that some could oppose this legislation. The 
Eastern Band is a Tribe of Native Americans who were barely able to 
avoid the Trail of Tears. Yet there are some groups that want to deny 
them an opportunity to build a new school for their children.
  We have an obligation to pass this bill. The vote on H.R. 1409 is 
simple: Let us support an Indian Tribe that wants to educate its 
children and preserve its culture.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 1409, which would provide for a land exchange for a 
school for the Eastern Band of the Cherokee Tribe which everyone would 
otherwise support, however, is in the middle of the most visited 
National Park and cannot be, by any stretch of the imagination, 
considered a noncontroversial bill. It, therefore, does not belong on 
the suspension calendar. In addition to this, its appearance on the 
floor is premature, given that the National Park Service has not 
completed its environmental impact statement and that a further study 
on alternative sites is also not finished.
  I do support the need for a school for the Eastern Band of the 
Cherokee Tribe, but with so many unanswered questions and the 
importance of the site in question, as well as the bad precedent that I 
think it sets, I regrettably must ask my colleagues to vote no on this 
measure on suspension today.
  Mr. Speaker, I yield 5 minutes to the gentleman from New Jersey (Mr. 
Pallone).
  Mr. PALLONE. Mr. Speaker, let me indicate my strong support for this 
legislation. It is an important piece of legislation that I think 
deserves bipartisan support.
  The bill, as we know, seeks to secure land for Native Americans so 
they can provide desperately needed educational facilities to their 
young people. I believe that investing in education and Native American 
youth is something we can all agree upon.

[[Page 22663]]

  Specifically, the bill would direct the Secretary of the Interior to 
exchange approximately 143 acres, and I stress 143 acres, of land now 
under the control of the National Park Service for approximately 218 
acres of land controlled by the Eastern Band of Cherokee Tribe.
  I would point out, and I know my colleague from Arizona mentioned 
part of this, in my opinion the National Park Service is actually 
benefiting from this land exchange because effectively they are getting 
more land. They are getting 218 acres, as opposed to having to give 
back to the Cherokee Nation 143 acres of land.
  In addition to that, the land that the National Park Service is 
getting is pristine. One could argue, it is actually better, and in a 
more pristine state, than the land that they are giving to the Cherokee 
Nation. As was mentioned by my colleague from Arizona, the land that 
the Park Service would obtain actually has two endangered species, 
where there is no indication that the land that the Cherokee Nation is 
going to receive has any endangered species.
  In addition to the fact that there is more land going to the Park 
Service, also the appraiser, and it was an independent appraiser who 
has done this type of appraisal for the Park Service before, indicated 
that the land that the Park Service is going to get is worth more and 
has a higher appraised value than the land that the Cherokee Nation is 
actually going to receive. So from an environmental point of view, as 
well as from a cost point of view, the Park Service is actually 
benefiting from the exchange. I want to stress that.
  If approved, the bill would provide the Tribe with the flat land 
necessary to build badly needed schools, as well as to add pristine 
land, as I said, to the National Park Service.
  There is an educational crisis now on the Eastern Cherokee 
Reservation. There is only one Cherokee elementary school, and it is in 
extremely poor condition. It was built almost 40 years ago by the 
Interior Department. It was designed for only 480 students.

                              {time}  1500

  Today, over 700 students are housed in a dilapidated building that is 
run down and in dire need of repair. But most important, because of the 
school's location on a main road and its proximity to other buildings, 
the current facility cannot be expanded. The tribe needs this 
additional land to expand the school because they cannot physically do 
it now, and this road, this highway, is very congested. We heard 
testimony in the committee about the potential danger to the students 
from the existing facility, and that is why we need to have the land 
exchange.
  There are a number of reasons. I am just trying to make the case, Mr. 
Speaker, if I can, that there are a number of reasons why this should 
be done and why this bill should be passed today.
  Mr. Speaker, for too long Indian country has suffered from high 
unemployment and poverty. The only way to improve the lives of Indian 
children is to ensure that they receive the best education possible. I 
believe that one of the best ways to achieve this is to give students 
the best conditions for learning. I believe strongly that passage of 
this bill will help the Cherokee children achieve this goal. I do not 
really see any downside to the bill, and I urge my colleagues to 
support this bill and pass it today.
  Mr. RENZI. Mr. Speaker, I want to thank the gentleman from New Jersey 
for his stalwart advocacy on behalf of Native Americans, particularly 
in the East.
  Mr. Speaker, I yield 5 minutes to the gentleman from North Carolina 
(Mr. Jones).
  Mr. JONES of North Carolina. Mr. Speaker, I thank the gentleman from 
Arizona for yielding me this time, and I thank my good friend, the 
gentleman from New Jersey (Mr. Pallone) for his comments. He well 
stated the case for this land transfer.
  Mr. Speaker, I think many times that we all, no matter which side we 
are on, Democrat or Republican, we want to do what we think is right 
for the people of this country, as well as the environment. And as the 
gentleman from New Jersey said, my friend, and the gentleman from 
Arizona previously, this is a win-win for the Park Service and the 
taxpayers. Very seldom do we have debates on the floor where we can 
have both parties coming together and saying that this is a win for the 
taxpayer and this is a win for the Park Service.
  I want to just share with my colleagues, I have three or four 
photographs I would like to show. I have had the pleasure of getting to 
know these wonderful people from the Cherokee Tribe in Cherokee, North 
Carolina, the home of the gentleman from North Carolina (Mr. Taylor), 
who wanted to be here today, but is running late because of his flight. 
These are the people that I think, and the gentleman from Michigan (Mr. 
Kildee) can speak to this better than I when he speaks in a few 
minutes, that of all of the people in this country that have been 
neglected, it has to be the Indians. I have never met such nice people, 
and meek and easy-going, intelligent people.
  As was said by the gentleman from Arizona, the young student from 
Cherokee High School that came down and testified before the committee, 
I had an opportunity to meet with Cory and some of his classmates in my 
office in the Cannon Building. They were saying to me, Congressman, it 
does not make any sense about this land transfer. We have tried to 
transfer this land for 3 or 4 years now, and nothing has ever come of 
it. And it is time that our kids, our children, K through 12, have a 
better environment to learn.
  This photograph, Mr. Speaker, to my left is a gym wall that is 
cracked and pushing inward. I will hold this up. This, in itself, shows 
us that the buildings are in a terrible situation. This is just one of 
three or four photographs I would like to show.
  Mr. Speaker, this is a photograph, it says, high school, major cracks 
in walls. This is just a regular classroom, and we can see the major 
cracks that have already developed in this building. As the gentleman 
from New Jersey (Mr. Pallone) said, this school is over 40 years old, 
40 years old. All we are asking for today is a land swap. The Indians, 
by God, have given the Federal Government more than they have ever 
received from the Federal Government. That is a known history of this 
country. But in this case, this is a swap that is to the benefit of the 
environment and to the Park Service. But there again, I want to show 
this to the Members on the House Floor today, this is a major 
structural problem that the high school has in Cherokee, North 
Carolina.
  Mr. Speaker, this is another, if you will, crack at the school that I 
want everyone to see. I imagine anyone that is watching today can see 
that fairly well. But to my friends on the Democratic side, that is 
just another example of just how deplorable this school is and why this 
land swap needs to take place. Again, this land swap is supported by 
the majority on both sides.
  We all know about trailers. The Cherokee Indians are spending a lot 
of their time in trailers, but we know that is true outside of the 
Cherokee Tribe. That is one of the problems that we as a Nation need to 
address as it relates to other schools. But, Mr. Speaker, this actually 
comes down to the fact that these school buildings are structurally 
unsafe and have been condemned. I am not sure if the gentleman from New 
Jersey (Mr. Pallone), my friend, might have said that, but I want to 
reaffirm if he did say it, these buildings have been condemned. So this 
is the only opportunity and option that these students have.
  The Cherokee leadership has been for 4 and 5 years coming here to 
Washington, meeting with the gentleman from North Carolina (Mr. Taylor) 
and the two Senators from North Carolina, just asking the Interior 
Department to just transfer this land, to swap it. And we, the American 
Government, get a better deal when it comes to the cost and the price 
of the land.
  As the gentleman from New Jersey (Mr. Pallone) said, and I will close 
in just a second, that 218 acres of pristine

[[Page 22664]]

land that contains two endangered species, that is now owned by the 
Cherokees, will be transferred to the Federal Government. In turn, the 
Federal Government will transfer 143 acres of nonpristine land and has 
no endangered species on that land.
  So, Mr. Speaker, I see this as a win.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield 5 minutes to the gentleman 
from Michigan (Mr. Kildee), a senior member of the Committee on 
Resources.
  Mr. KILDEE. Mr. Speaker, I thank the gentlewoman for yielding me this 
time.
  I rise in strong support of H.R. 1409, a bipartisan land exchange 
bill, which will allow the Eastern Band of Cherokee to build new 
schools for their children.
  This bill passed out of the Committee on Resources on July 15, 2003, 
by a voice vote. During the markup, several Members from both sides of 
the aisle expressed strong support for the bill to move forward.
  I am aware of the environmental concerns that the gentleman from West 
Virginia has raised about this bill. I am a strong supporter for the 
National Environmental Policy Act, NEPA. I am a strong supporter of 
that process, and I do not believe that passage of this bill 
circumvents that process. The public comment period on the land 
exchange ended last month, and the National Park Service will complete 
review of this environmental impact statement regardless of this 
legislation.
  In addition, in its draft environmental impact statement, the Park 
Service determined that the exchange will have no impairment on the 
experience of visitors to the Great Smoky Mountains and determined 
there will be no impairment to the biodiversity based on mitigation 
efforts. The Park Service will receive pristine land that it selects, 
which will result in a net increase of national parklands.
  Mr. Speaker, the Eastern Cherokee face an educational crisis of 
having condemned, overcrowded classrooms we would not house criminals 
in. I have traveled throughout this country, and I have seen schools 
that are horrible, and these buildings are not fit for human 
habitation.
  The tribes' mountainous reservation has no more available flatland 
suitable for building new schools. This is the kind of environment 
which many of our Indian children have been forced to learn in. This is 
unacceptable. Through this legislation, we can help the Eastern Band of 
Cherokee move forward with its commitment to educate its children.
  In my years of elected office, Mr. Speaker, I have enjoyed the 
support of the environmental community. I have one of the highest 
environmental records in this Congress because of my commitment to 
protecting our Nation's precious resources. That is something of which 
I am very proud. I know that some of my environmental friends have 
concerns about this legislation and feel that no land should ever be 
exchanged for the National Park Service, but in this instance I must 
disagree. The Park Service will get more land and will get better land, 
and the land of their choosing. I believe that this bill is consistent 
with proenvironmental principles and with Indian sovereignty.
  Congress is the one that makes this decision. Article I, Section 8, 
all of which we have taken an oath to uphold, says the Congress shall 
have power to regulate commerce with foreign nations, and among the 
sovereign States, and with the Indian tribes. This Cherokee Nation, 
this sovereign nation, all they want is some land to educate their 
children. The Park Service has selected more land, land of their 
choosing in exchange. I urge the passage of this bill.
  Mr. Speaker, I rise in strong support of H.R. 1409. a bipartisan land 
exchange bill which will allow the Eastern Band of Cherokee to build 
new schools for their children.
  This bill passed out of the Resources Committee on July 15, 2003, by 
voice vote.
  During the markup several members from both sides of the aisle 
expressed strong support for the bill to move forward.
  I am aware of the environmental concerns that the gentleman from West 
Virginia has raised about this bill.
  I am a strong supporter of the National Environmental Policy Act 
(NEPA) process and do not believe that passage of this bill circumvents 
that process.
  The public comment period on the land exchange ended last month. And 
the National Park Service (Park Service) will complete review the 
environmental impact statement (EIS) regardless of this legislation.
  In addition, in it draft EIS, the Park Service determined that the 
exchange will have no impairment on the experience of visitors to the 
Great Smokey Mountains and determined there will no impairment to the 
biodiversity based on mitigation efforts.
  The Park Service will receive pristine land that it selected which 
will result in a net increase of national park lands.
  Mr. Speaker, the Eastern Cherokee face an educational crisis of 
having condemned, overcrowded classrooms we would not house criminals 
in.
  The tribe's mountainous reservation has no more available flat land 
suitable for building new schools.
  This is the kind of environment in which many of our Indian children 
have been forced to learn.
  That is unacceptable. Through this legislation we can help the 
Eastern Band of Cherokee move forward with its commitment to educate 
its children.
  In my years of elected office, I have enjoyed the support of the 
environmental community for my commitment to protecting our nation's 
precious resources. That is something for which I am very proud.
  I know that some of my environmental friends have concerns with this 
legislation and feel that no land should ever be exchanged from the 
National Park Service.
  But in this instance, I must disagree. I believe that this bill is 
consistent with pro-environmental principles, and with Indian 
Sovereignty--two principles dear to me.
  I urge my colleagues to vote ``yes'' on this bill.
  Mr. RENZI. Mr. Speaker, I thank the gentleman from Michigan, and I 
yield 3 minutes to the gentleman from California (Mr. BACA).
  Mr. BACA. Mr. Speaker, I rise today in strong support of H.R. 1409, 
the Eastern Band of Cherokee Indians Land Exchange. This land exchange 
is urgent for the Eastern Band community because it would allow them to 
build a new K-through-12 complex in Cherokee, North Carolina, that they 
desperately need.
  We owe it to our children. We owe it to each one of us to make sure 
that every child has an opportunity to learn, to be in a safe 
environment. So when we look at where these tribes are and the kids 
are, they are in overcrowded classrooms right now. How can our children 
learn in an overcrowded classroom? We cannot even have wiring. We say 
leave no child behind, and our President has said leave no child 
behind. The only way we can do that is if we build new schools, 
modernize schools so we are able to put the kind of technology that we 
need to make sure that our children are able to meet the 21st century 
in computer and technology, and that they are in a safe environment.
  When you are in a safe climate and a safe environment, it adds to 
your attitude and you behavior in the classrooms. You feel good about 
yourself; your self-esteem is built. Well, if we do not allow for this 
land exchange, how can we then say that we are building for our future? 
How can we say that every child, regardless of whether you are in a 
sovereign country or in another country, that you do not deserve the 
right to learn, that you do not deserve the right to be in that kind of 
environment? We owe that to every one of our children.
  Let me tell my colleagues, we should all be proud of this kind of 
legislation that has come before us, because it has given someone an 
opportunity to build the kind of schools that our children need; an 
opportunity to allow them to grow and to develop; an opportunity for 
them to be proud not only of themselves, but of the school that they 
are doing to. When we saw the photos earlier. It is very difficult to 
be proud to be in that kind of environment, to say that I am in a 
classroom where there are potholes that are there, when we see that 
there are faucets that are not working, water that is not flowing. 
Well, it is difficult. And then when we begin to compete and bring 
other individuals to compete in our schools, we want to stand up and 
say we are proud

[[Page 22665]]

of this school. We are proud of this school. And we should allow them 
to build that school.
  They are overcrowded, as I stated. They have 800 students right now, 
and they are putting them into a 400 classroom capacity at this point. 
We must not forget the rights and the needs of the Americans, and that 
is our first Americans. This tribe that survived the Trail of Tears in 
the 1830s, this is a tribe that was promised this land, that was 
promised this land. This tribe was promised this land many years ago. 
This tribe deserves better than what they have been given.
  Native Americans, including Eastern Band Cherokee Indians, are 
working hard to become self-sufficient, and we must offer them our 
help. This proposal is a perfect example of that. I am proud of the 
tribe's efforts to improve educational, cultural, and economic 
development in their communities. I support this bill. I applaud the 
efforts of the Eastern Band. I urge all of my colleagues to do the 
same.

                              {time}  1515

  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
  I want to thank the gentleman from California for his passion and 
fighting spirit on behalf of the Native Americans nationwide.
  Mr. Speaker, I have no other speakers; and I reserve the balance of 
my time.
  Mrs. CHRISTENSEN. Mr. Speaker, may I inquire how much time we have 
remaining.
  The SPEAKER pro tempore (Mr. Culberson). The gentlewoman from the 
Virgin Islands (Mrs. Christensen) has 11\1/2\ minutes remaining, and 
the gentleman from Arizona (Mr. Renzi) has 8 minutes remaining in this 
debate.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield 5 minutes to the gentleman 
from Oklahoma (Mr. Carson).
  Mr. CARSON of Oklahoma. Mr. Speaker, I thank the gentlewoman for 
yielding me the time.
  I am a proud cosponsor of H.R. 1409, the Eastern Band of Cherokee 
Indians Land Exchange Act, and I rise in strong support of that bill.
  This particular bill has personal and professional interest to me as 
my father was a long-time housing agent on the Eastern Band of 
Cherokee's reservation, and I spent several years of my youth in the 
beautiful Smoky Mountains.
  The Great Smoky Mountains, which are very beautiful, offer a rich 
cultural heritage to the Eastern Band of Cherokees; but sadly, they 
provide little in the way of developmental land. This legislation 
today, as other speakers have said, is necessary to provide for the 
educational and cultural benefits of the Eastern Band of Cherokees by 
enabling the tribe to construct three new school facilities: one 
elementary, one middle school, and one high school.
  The current facilities, as the pictures we have seen show, are 
greatly in need of replacement. The Cherokee Elementary School, to take 
one example, was built by the Department of the Interior over 40 years 
ago with the capacity to hold 480 students. Today, this facility holds 
approximately 800 students. To accommodate all of the students, the 
school has been forced to add temporary facilities. In addition, the 
main school and temporary facilities are located at a dangerous highway 
intersection in downtown Cherokee, North Carolina.
  Today, the tribe offers the National Park Service, in exchange for 
the 143-acre Ravensford Tract, 218 acres of highly desirable, pristine 
land. The building of this new facility will enable the Eastern Band of 
Cherokees to teach Cherokee language and culture so as to foster and 
preserve tribal practices for future generations.
  I can think of no better use for a tract of land than the 
construction of a complex to further the educational and cultural 
pursuits of Eastern Band children and to replace the current 
overcrowded and aging schools. After all, the key to a brighter future 
for Indian country runs through the classroom door.
  I believe the Federal Government must actively assist the tribe in 
this endeavor, and I respectfully urge my colleagues to vote in support 
of the Eastern Band of Cherokee Indian Land Exchange Act.
  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
  I want to take this moment to thank the gentleman from Oklahoma, 
particularly for his personal knowledge, the firsthand experiences that 
he shared, and the fact that he has actually lived right in the same 
area where we are discussing and debating here today.
  Mr. Speaker, again, I have no speakers, and I reserve the balance of 
my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I might 
consume.
  Mr. Speaker, native people, both Native Americans as well as people 
of different ethnicities, have been displaced during the settlement of 
most of the U.S. This is a sad, but true, chapter in our history. I 
would say, though, that if we are serious about returning lands to 
native people, and we should be, then let us look at developing a 
nationwide, consistent policy. We cannot start carving up our national 
parks piece by piece, case by case. This does a disservice to the 
parks, the tribes, and the American people.
  Mr. Speaker, it has been said that environmental groups support the 
exchange. In fact, most, if not all, are against this exchange but are 
willing to work with the tribe on a suitable alternative site. We 
recognize that the condition of the school is poor and should be 
unacceptable; but as I recall from the hearing, there was $8 million 
there for years that had never been used to repair the schools in all 
of this time.
  Those of us who object do not object on the basis of need. The 
tribe's children and all of this country's children need, deserve, and 
should have good, safe, well-equipped and well-staffed schools. We want 
the Eastern Band of Cherokees to have the educational complex that they 
should have. The question that remains is where is that facility best 
placed.
  Even, Mr. Speaker, the Subcommittee on Interior and Related Agencies 
of the Committee on Appropriations of this body, chaired by the 
gentleman from North Carolina (Mr. Taylor), just 2 months ago called 
for a study before this exchange should be decided on because of the 
yet-unanswered questions. We should honor this and do the land exchange 
in the right way.
  Therefore, I join the gentleman from West Virginia (Mr. Rahall), the 
ranking member, in opposition to the passage of this bill on the 
suspension calendar.
  Mr. Speaker, I yield back the balance of my time.
  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
  In closing, I just state simply that the Eastern Band of Cherokees 
has spent 3\1/2\ years, $1.5 million to study this, to thoroughly 
research, to provide one of the cleanest and fairest land exchanges we 
have seen in this House in many years. I would ask that the colleagues 
who spoke on both sides please help influence the other colleagues in 
their own parties to vote in favor of this legislation, to not any 
longer delay the education of these children, to not obstruct any 
longer the possibility that they can have a bright future and a brand 
new school.
  Mr. FALEOMAVAEGA. Mr. Speaker, today I rise in support of H.R. 1409, 
the Eastern Band of Cherokee Indians Land Exchange Act of 2003. This 
legislation would allow for an exchange of 143 acres of public lands 
for 218 acres of private lands between the Eastern Band and the 
National Park Service. These lands are needed to build suitable 
educational facilities for the children of the Eastern Band of 
Cherokees.
  Mr. Speaker, the Cherokee people have endured many hardships at the 
hands of the United States. The Eastern band people today are 
descendants of those who escaped or survived the Trail of Tears in the 
1830's. But lost culture, stolen lands, and broken promises did not end 
there. In the 1940's, the United States promised to convey the very 
land in question to the Cherokee to replace Reservation lands taken 
from the Tribe to build the Blue Ridge Parkway. However, despite 
negotiating an agreement, the transfer never materialized.
  Today, the Eastern Cherokee Reservation is located on mountainous 
terrain that is unsuitable for construction and this is why H.R.

[[Page 22666]]

1409 is necessary. H.R. 1409 would provide the Eastern Band with flat 
land that is necessary for the construction of new school facilities. 
There are nearly 800 elementary aged children who attend classes in a 
building constructed to hold 480 and the building is located at the 
intersection of two federal highways. The Cherokee High School has also 
reached its maximum capacity and parts of it have been declared 
condemned and unfit for educational purposes.
  Mr. Speaker, I believe it is our duty to correct this deplorable 
situation. The children and the youth of the Eastern Band of Cherokee 
deserve better. They deserve to attend school in a safe and conducive 
environment and I urge my colleagues to support this important 
legislation.
  Mr. RAHALL. Mr. Speaker, I ask unanimous consent to revise and extend 
my remarks. I yield myself such time as I may consume.
  In the time that I have had the honor to serve as the ranking member 
on the Resources Committee, I have never had to come to the floor to 
oppose a bill reported by the committee being considered under 
suspension of the rules.
  Indeed, under former Chairman Jim Hansen, and during this Congress, 
under Chairman Richard Pombo, we have instilled a greater degree of 
bipartisanship when conducting committee business.
  I realize some may not want to hear that.
  Those who manipulate this body's schedule seeking to make political 
points--even if they last for a nano-second or do not even register in 
the public's mind--by overt partisanship maneuvers, no, they do not 
want to hear that.
  The fact of the matter is that Chairman Pombo has been fair in his 
dealings with all Members. He has been extremely fair with me. So I do 
not believe that it was through his will that H.R. 1409 is being 
considered under suspension today.
  This bill has been placed on the suspension calendar over my 
objection. It is a controversial measure and should be considered under 
regular order, with opportunities for Members to offer amendments and a 
full and open debate.
  I suspect that some in the majority are eager to push this bill 
because they hope to make Democrats in the House choose between our 
friends in the Native American community and our passion for our 
National Parks. This is a false choice and we refuse to make it.
  The condition of the facilities found on many Indian reservations is 
unacceptable. Far too often, Native Americans are forced to endure 
housing, medical facilities and educational facilities that many 
Americans would find shocking. However, carving out large chunks from 
the middle of our national parks, as H.R. 1409 would have us do, is not 
the solution to this problem.
  H.R. 1409 purports to deal with the Eastern Band, but of course a 
lack of quality educational opportunities is a problem that plagues 
Native Americans across the land. We are eager to work with the 
chairman of the Interior Appropriations Subcommittee--for whom I have a 
great deal of respect--to devise a solution to this problem that might 
help all Native American children. And we must find solutions that do 
not destroy our National Parks.
  What the pending bill does is carve out a huge chunk of land from the 
heart of the Great Smokey Mountains National Park valued at more than 
$3 million and trades it to the Eastern Band for land 30 miles away, 
not even within the park's boundaries, valued at $600,000. The bill is 
an attempt to shortchange the administrative process that is currently 
underway.
  The National Park Service and a coalition of nonprofit environmental 
organizations are examining this proposed exchange as we speak. The NPS 
is putting the finishing touches on an Environmental Impact Statement 
that will address the obvious impacts this planned construction will 
have on the Park's resources, as well as the possibility of building 
the schools elsewhere.
  The nonprofit groups have also publicly pledged to work with the 
Tribe to find an alternative site.
  Once we have gathered all the facts, we could move forward with 
carefully crafted legislation if necessary to resolve the educational 
needs of the children of the Eastern Band without impacting a national 
treasure. And yet we are moving full steam ahead with this legislation, 
cutting off the NEPA process and abandoning any attempt at compromise.
  This is particularly ironic given that language was included in the 
House-passed Interior Appropriations bill requiring further study of 
this proposal. Apparently, as recently as July, the supporters of this 
legislation felt that this proposed exchange raised concerns serious 
enough to warrant further study. To ram it through the House 2 months 
later is unwise and unwarranted.
  I would raise one additional issue. It is passing strange that 
tomorrow the Resources Committee is scheduled to consider another bill 
concerning lands Indians lay claim to, but in that case, the proposed 
solution is to pay them off rather than cede them the land. Why the 
difference in approaches?
  Simply put, the land in question in that case is rich in gold. It is 
valuable to the mining industry. Yet, the claims by the Western 
Shoshone to this land is well established.
  I have to wonder whether the inconsistent approach between these two 
bills is related to the fact that the land taken from the Western 
Shoshone is known to be extremely valuable to mining companies, while 
in the case of H.R. 1409, the land in question is in a National Park.
  To the Eastern Bank of the Cherokee, I understand that your history 
is one of broken treaties and stolen lands. It is the story of a great 
Indian nation hunted by the U.S. Cavalry, split at the seams, and 
forced either to escape to the mountains or to trudge along on a death 
march to a strange land.
  The Eastern Band were able to escape the Trail of Tears and live in 
the mountains of North Carolina. They stayed together and rebuilt their 
nation.
  I have nothing but respect for the Eastern Band, however, I must 
object to the consideration of H.R. 1409 under the suspension of the 
rules. If the administrative process underway is to be trammeled upon, 
I say to the proponents of this bill, at least bring it up under 
regular order.
  I urge my colleagues to defeat this measure on suspension.
  Mr. UDALL of Colorado. Mr. Speaker, I must object to the manner in 
which the House is taking up this bill, and cannot support the motion 
to suspend the normal rules that otherwise would apply to its 
consideration.
  The bill would authorize an exchange of land between the Federal 
Government and an Indian tribe. The purpose of the exchange is to 
provide the tribe with land appropriate for building much-needed new 
schools. The land that would go to the tribe is now part of a national 
park, while the land that the government would receive is a park 
inholding.
  The Resources Committee's hearing on the measure left me with no 
doubt about the tribe's need for those new schools--and of course that 
means that a suitable site is necessary.
  But the hearing also made clear that the specific details of this 
bill, and the exchange it would mandate, are controversial and that the 
legislation is opposed strongly by a variety of people, both in North 
Carolina and here in Washington, DC.
  Therefore, I think the House should consider the bill under 
procedures that would allow for more extensive debate and for the 
possibility of amendments--rather than through a motion to suspend the 
rules, which severely limits debate and does not allow for any 
amendments to be offered. Motions to suspend the rules should be used 
only for less controversial measures.
  Accordingly, I will vote against the motion in this instance, and 
urge the leadership of the House to allow the House to consider H.R. 
1409 under normal procedures.
  Mr. BLUMENAUER. Mr. Speaker, I voted in favor of H.R. 1409, which 
would provide for an exchange of land with the Eastern Band of the 
Cherokee Nations. There had been some concerns raised by environmental 
interests, but evidence about the environmental merits of the exchange 
are mixed, and opinions are not unanimous.
  Furthermore, the basic issue for me must be equitable treatment for 
Native Americans. This is an area where the relationship between the 
Federal Government and the Cherokee Nation is shameful. The history of 
this land includes the infamous Trail of Tears, and more recently, when 
the land was involved in a land exchange for building the Blue Ridge 
Parkway, a promise that was never fulfilled.
  In cases like this where items are controversial, I give heavy weight 
to treating Native Americans fairly and whenever possible, to correct 
past injustices. This appears to meet that fundamental criterion and 
therefore I support it.
  Mr. RENZI. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Renzi) that the House suspend the rules and 
pass the bill, H.R. 1409.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mrs. CHRISTENSEN. Mr. Speaker, on that I demand the yeas and nays.

[[Page 22667]]

  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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