[Congressional Record (Bound Edition), Volume 152 (2006), Part 17]
[House]
[Pages 21825-21826]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        TRAIL OF TEARS STUDY ACT

  Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and concur 
in the Senate amendment to 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.
  The Clerk read as follows:

       Senate amendment:
       On page 3, strike lines 1 through 3 and insert the 
     following:
       ``(iv) The related campgrounds located along the routes and 
     land components described in clauses (i) through (iii).
       ``(D) No additional funds are authorized to be appropriated 
     to carry out subparagraph (C). The Secretary may accept 
     donations for the Trail from private, nonprofit, or tribal 
     organizations.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentlewoman from South Dakota (Ms. 
Herseth) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. RADANOVICH. 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 California?
  There was no objection.
  Mr. RADANOVICH. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 3085, introduced by Congressman Zach Wamp of 
Tennessee and amended by the Senate, would amend the National Trails 
System Act to update a feasibility study originally prepared for the 
Trail of Tears in 1987.
  This new study would examine new trail segments, land components and 
campgrounds associated with the trail, particularly 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.
  Mr. Speaker, I urge adoption of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. HERSETH. 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, 
Representative Zach Wamp. H.R. 3085 passed the Senate this past July 
and has been returned to us with an amendment from the Senate.
  Mr. Speaker, while the amendment made to H.R. 3085 is, in our view, 
unnecessary, the overall bill is a good one and we have no objection to 
the adoption of the legislation by the House today.

                              {time}  1415

  Mr. Speaker, I reserve the balance of my time.
  Mr. RADANOVICH. Mr. Speaker, I yield 4 minutes to the gentleman from 
Tennessee (Mr. Wamp).
  Mr. WAMP. Mr. Speaker, I just want to thank Chairman Pombo, Chairman 
Radanovich, Ranking Member Herseth, all of the staffs involved for 
their work through the Resources Committee and subcommittees on this 
bill. I would also like to thank my Senate cosponsors, Senator Coburn, 
Senator Frist, and majority leader Senator Alexander for their 
involvement as well. I am very proud to be the lead sponsor of H.R. 
3085. Completing the story of the Cherokee removal is an important 
issue for Congress to address. I urge all of my colleagues to vote for 
it.
  I understand we are going to have a recorded vote on this. We are 
under suspensions, and I am going to need the votes. I am going to ask 
everyone to come and vote for this.
  It has been 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, was sponsored by 
Coburn, Frist, and 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, 
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 Arkansas, 
collectively passing through 10 counties in Tennessee eventually.
  Also included are 29 forts and the emigration depots located near 
Fort Payne, Alabama; Ross' Landing, present-day Chattanooga, Tennessee; 
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 
in the National Trails System Act. The proposed additions have been 
documented by 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.

[[Page 21826]]

  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 towards respecting 
the private property of citizens in its administering of the current 
Trail of Tears National Historic Trail and will continue to do so upon 
the addition of the 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 to not repeat them. Through this 
legislation we will honor the historic footsteps taken by the Cherokee 
and celebrate our future as we remember the past.
  Finally, because of historical significance, H.R. 3085 enjoys broad 
support not only within Congress but also within the Cherokee Nation, 
Eastern Band of Cherokee and associated trail organizations such as the 
Trail of Tears Association. The legislation is a wonderful example of 
how we can better understand a national event through commemoration of 
the Cherokees' story.
  I want to thank principle chief of the Cherokee Nation, Chad Smith; 
principle chief of the Eastern Band of the Cherokee Nation, Michell 
Hicks; and everyone at the National and State Trail of Tears 
Associations, especially Dr. Duane King and Jack Baker.
  In closing, Mr. Speaker, let me say that basically in the last 20 
years, we have been missing a big piece of the Trail of Tears. It was 
enacted by statute 20 years ago, but it was very incomplete. Two major 
trails were never added, and now that we have that documentation, it is 
important for history, it is important for the Cherokee Nation, it is 
important for the future of our country to understand what happened and 
where this happened, where we forcibly removed thousands upon thousands 
of Cherokee and forced them to their new land in Oklahoma, many dying 
along the way.
  It is a tragic story, but it is one that cannot be swept under the 
rug. The Cherokee are a proud people, and I am very proud of the 
Cherokee blood in my veins, and I urge all of my colleagues to join me 
today in honoring the Cherokee Nation in this great story of Native 
Americans who were forced from their homeland but have survived and are 
even stronger today because of the challenges they have been through 
and to make this wrong right in the history of America.
  Ms. HERSETH. Mr. Speaker, I would just like to congratulate the 
gentleman from Tennessee for his hard work on this important 
legislation and for his statement on the floor today, and I yield back 
the balance of my time.
  Mr. RADANOVICH. Mr. Speaker, I have no other speakers, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Radanovich) that the House suspend the 
rules and concur in the Senate amendment to the bill, H.R. 3085.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those voting have responded in the affirmative.
  Mr. RADANOVICH. 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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