[Congressional Record (Bound Edition), Volume 152 (2006), Part 11]
[House]
[Pages 14552-14554]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        TRAIL OF TEARS STUDY ACT

  Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3085) to amend the National Trails System Act to update the 
feasibility and suitability study originally prepared for the Trail of 
Tears National Historic Trail and provide for the inclusion of new 
trail segments, land components, and campgrounds associated with that 
trail, and for other purposes, as amended.
  The Clerk read as follows

                               H.R. 3085

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

[[Page 14553]]



     SECTION 1. REVISION OF FEASIBILITY AND SUITABILITY STUDY OF 
                   TRAIL OF TEARS NATIONAL HISTORIC TRAIL.

       Section 5(a)(16) of the National Trails System Act (16 
     U.S.C. 1244(a)(16)) is amended--
       (1) in subparagraph (B), by striking ``subsections'' and 
     inserting ``sections''; and
       (2) by adding at the end the following new subparagraph:
       ``(C) Not later than 6 months after the date of the 
     enactment of this Act, the Secretary of the Interior shall 
     complete the remaining criteria and submit to Congress a 
     study regarding the feasibility and suitability of 
     designating, as additional components of the Trail of Tears 
     National Historic Trail, the following routes and land 
     components by which the Cherokee Nation was removed to 
     Oklahoma:
       ``(i) The Benge and Bell routes.
       ``(ii) The land components of the designated water routes 
     in Alabama, Arkansas, Oklahoma, and Tennessee.
       ``(iii) The routes from the collection forts in Alabama, 
     Georgia, North Carolina, and Tennessee to the emigration 
     depots.
       ``(iv) The related campgrounds located along the routes and 
     land components described in clauses (i) through (iii).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Renzi) and the gentleman from West Virginia (Mr. Rahall) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. RENZI. 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 Arizona?
  There was no objection.
  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 3085, introduced by Congressman Zack Wamp of Tennessee and 
amended by the House Resources Committee, would amend the National 
Trails System Act to update the feasibility and suitability study 
originally prepared for the Trail of Tears in 1987 to provide for the 
inclusion of new trail segments, land components, and campgrounds 
associated with the trail, particularly the Bell and Benge segments.
  As my colleagues are aware, the Trail of Tears National Historic 
Trail encompasses the primary water route and northern land route used 
during the forced removal of the Cherokee Nation from its homelands in 
the Southeast United States to Indian Territory, which is present-day 
Oklahoma.
  I urge adoption of this bill
  Mr. Speaker, I reserve the balance of my time.
  Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the majority has already explained the purpose of H.R. 
3085 which was introduced by our colleague from Tennessee, Mr. Zack 
Wamp.
  There is wide support for a trail study and designation by members of 
the Cherokee Nation and others interested in the history of the forced 
removal of Native Americans from portions of the Eastern U.S. It is our 
hope that the study of these additional trail segments will help to 
develop the most appropriate means to preserve and interpret this 
important aspect of our American History.
  Mr. Speaker, we support H.R. 3085 and I have no objection to adoption 
of the legislation by the House today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RENZI. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Tennessee, Mr. Zack Wamp, the author of the bill.
  Mr. WAMP. Mr. Speaker, I want to thank both gentlemen, the gentleman 
from Arizona and the gentleman from West Virginia, certainly the 
chairman of the full committee, Mr. Pombo, the subcommittee chairman, 
the ranking member of the subcommittee as well, and everyone who has 
worked on this bill. I am very proud to be the lead sponsor of H.R. 
3085. I think it is a very important issue for the Congress to take up, 
and I urge all of my colleagues to vote for it.
  H.R. 3085, the Trail of Tears Study Act, is cosponsored by 20 of my 
colleagues, all from districts and States in which the additional 
components are located. I would also like to add that S. 1970, the 
Senate companion bill, is sponsored by Senator Tom Coburn and 
cosponsored by the majority leader, Bill Frist, and Senator Lamar 
Alexander.
  As a consequence of the Indian Removal Act of 1830, a detachment led 
by John Benge traveled 734 miles starting at Fort Payne, Alabama, and 
continuing through Tennessee, Kentucky, Missouri, Arkansas and 
Oklahoma.
  The treaty party group, led by John A. Bell, traveled 765 miles, 
starting at Charleston, Tennessee, traveling through 10 counties in 
Tennessee, passing through Arkansas, and on to Oklahoma. Also included 
are 29 forts and immigration depots located near Fort Payne, Alabama; 
Ross's Landing, present-day Chattanooga; and Fort Cass, present-day 
Charleston, Tennessee, where the Cherokee initially were taken after 
being rounded up from their homes.
  Consequently, the intent of H.R. 3085 is to study an expansion of the 
current Trail of Tears National Historic Trail, which Congress 
designated in 1987, to include these additional documented components 
into the National Trails System Act.
  The proposed additions have been documented by the National Park 
Service historians, military journals and newspaper accounts. The bill 
directs the Secretary of the Interior to complete within 6 months the 
remaining criteria necessary to determine the designation of additional 
routes to the Trail of Tears National Historic Trail.
  Even today, many interpretation activities along the Trail of Tears 
seek to remember the historic routes taken by the Benge detachment and 
the Bell Treaty party as we are considering inclusion in the National 
Trails System.
  I want to be very clear that it is my intent that this legislation 
respect private property rights absolutely. I believe the National Park 
Service has demonstrated strong partnerships geared toward respecting 
the private property of citizens and administration of the current 
Trail of Tears National Historic Trail and will continue to do so upon 
the addition of these routes.
  The designation and interpretation of the sites and trails associated 
with the Cherokee removal will enhance public understanding of American 
history. Our greatness as a Nation is our ability to look at our own 
history objectively and in proper perspective, being mindful of the 
errors of the past in order not to repeat them.
  Through this legislation, we will honor the historic footsteps taken 
by the Cherokee, document their courage, and highlight their character 
as a great tribe of strong people.
  Finally, because of historical significance, H.R. 3085 enjoys broad 
support not only within Congress, but also with the Cherokee Nation, 
the Eastern Band of Cherokee and associated trail organizations such as 
the Trail of Tears Association. This legislation is a wonderful example 
of how Congress can better understand a national event through 
commemoration of the Cherokee story.
  I believe the Secretary of Interior will find that the additional 
routes meet the historical significance, suitability, and feasibility 
required by the National Park Service for designation as part of the 
Trail of Tears National Historic Trail.
  On June 29 of last year, I introduced H.R. 3085 at a press conference 
with Principal Chief of the Cherokee Nation Chadwick Smith, the Vice 
Chief of the Eastern Band of Cherokee Nation Larry Blythe, the Trail of 
Tears Association, and many of the original cosponsors like Congressmen 
Charles Taylor, Jimmy Duncan, Tom Cole, Marion Berry and Lincoln Davis.
  I would like to thank Rob Howarth and the entire National Park 
Service staff, the staff of the House Resources Committee and the 
subcommittee, and my legislative director, Melissa Chapman, for a job 
very well done.
  I would also like to say anecdotally, in east Tennessee we are 
claiming the Trail of Tears as part of our heritage, as part of our 
strength. On the Tennessee River, we have the Moccasin Bend National 
Archeological District now being implemented by the National Park 
Service. We have the passage at Ross's Landing, which is an 
extraordinary waterfall leading down to the Tennessee River, which in 
Cherokee art tells the story of the Trail of

[[Page 14554]]

Tears. Up river at Blythe Ferry we have the Cherokee Memorial Park 
under construction, where 8,000 Cherokee all crossed the Tennessee 
River at the same time, and now the Trail of Tears Documentation Act. 
So we are very grateful for the cooperation and participation we have 
had.
  Mr. Speaker, I urge passage
  Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
  Mr. BERRY. Mr. Speaker, I am so pleased that the U.S. House of 
Representatives is considering H.R. 3085, the Trail of Tears 
Documentation Act, which I introduced last year with my friend, 
Representative Zach Wamp. This important legislation has 20 cosponsors 
from 8 different states and works to preserve an important chapter of 
our history so others can learn from our past.
  The lessons that lie along the Trail of Tears are more than a chapter 
in a history book. They are the lessons that teach future generations 
to celebrate diversity rather than to push it into the farthest corners 
of our country. Only by experiencing this tragedy can we begin to 
understand why so many Native Americans died along this trail.
  The Trail of Tears Documentation Act would encourage the Secretary of 
the Interior to complete the National Historic Trail of Tears from 
North Carolina to Oklahoma. The proposed routes include two trails in 
Arkansas where close to 2,000 Cherokee traveled after the U.S. 
government forced them to find new land in Indian Territory. The Bell 
route heads up the Arkansas River from Tennessee through Little Rock 
and Fort Smith, and the Benge route extends west from Randolph County 
to Washington County.
  Our legislation asks the Secretary of the Interior to conduct a 
feasibility study of the additional trail segments, emigration depot, 
and land components currently missing along the historic trail. Once 
complete, individuals will be able to travel the entire length of the 
trail and experience interpretations of that period in American 
history.
  It is unacceptable that such a critical part of our history remains a 
patchwork of missing pieces. As Americans, we need to capture this part 
of history so we never forget the stories of families torn apart at the 
hands of our country. By preserving this trail, we will give our 
children and grandchildren the opportunity to experience this tragedy 
firsthand and develop a better understanding of what happened to Native 
Americans in this country.
  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. 3085, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. RENZI. 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 and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

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