[Congressional Record (Bound Edition), Volume 155 (2009), Part 17]
[House]
[Pages 22996-22997]
[From the U.S. Government Publishing Office, www.gpo.gov]




 EXEMPTING FROM CERTAIN PROHIBITIONS SHIPMENTS OF EXPLOSIVES TO INDIAN 
                                 TRIBES

  Mr. SCHIFF. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1333) to amend chapter 40 of title 18, United States Code, 
to exempt the transportation, shipment, receipt, or importation of 
explosive materials for delivery to a federally recognized Indian tribe 
or an agency of such a tribe from various Federal criminal prohibitions 
relating to explosives, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1333

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

     SECTION 1. EXEMPTION OF THE TRANSPORTATION, SHIPMENT, 
                   RECEIPT, OR IMPORTATION OF EXPLOSIVE MATERIALS 
                   FOR DELIVERY TO A FEDERALLY RECOGNIZED INDIAN 
                   TRIBE OR AN AGENCY OF SUCH A TRIBE FROM VARIOUS 
                   FEDERAL CRIMINAL PROHIBITIONS RELATING TO 
                   EXPLOSIVES.

       (a) In General.--Section 845(a)(3) of title 18, United 
     States Code, is amended by striking ``to any agency of the 
     United States or to any State or any political subdivision 
     thereof'' and inserting ``to any agency of the United States, 
     to any State or any political subdivision thereof, or to any 
     federally recognized Indian tribe or agency thereof''.
       (b) Indian Tribe Defined.--Section 841 of such title is 
     amended by adding at the end the following:
       ``(t) `Indian tribe' has the meaning given the term in 
     section 102 of the Federally Recognized Indian Tribe List Act 
     of 1994 (25 U.S.C. 479a).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Schiff) and the gentleman from Texas (Mr. Poe) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. SCHIFF. Mr. Speaker, I ask unanimous consent that all Members 
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. SCHIFF. I yield myself such time as I may consume.
  H.R. 1333 addresses the gap in the law governing the transportation 
of explosive materials by giving federally recognized Indian tribes the 
same status already given Federal, State and local governments. In 
2002, Congress passed the Safe Explosives Act, which prohibits the 
transportation, shipment, receipt and importation of explosive 
materials without specific Federal permits or licenses.
  The act exempts Federal, State and local governments from this 
requirement, but due to an oversight, the exemption does not cover 
federally recognized Indian tribes and their agencies. This bill 
corrects that oversight. Fireworks can play an integral role in the 
religious and cultural ceremonies of many Indian tribes. This bill will 
facilitate those religious and cultural practices without compromising 
safety. This act does not exempt Indian tribes from complying with safe 
storage requirements. Like State agencies, tribes still will be 
required to comply with Federal explosives storage regulations.
  H.R. 1333 enjoys bipartisan support. I thank the gentleman from 
Arizona, Mr. Raul Grijalva, for bringing this oversight to the 
attention of the House and for his hard work on this bill.
  I urge my colleagues to support this important legislation, and I 
reserve the balance of my time.
  Mr. POE of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 1333 makes a simple technical correction to Federal 
law regulating the transportation and shipment of explosives to provide 
federally recognized Indian tribes the same exemption as Federal, State 
and local governments. Under current law the Federal, State, and local 
governments are exempt from permitting requirements for the purchase or 
shipment of explosive materials, including commercial fireworks.
  Indian tribes, however, are not afforded the same exemption under our 
law. Fireworks have been a part of the practices of the Pascua Yaqui 
Tribe and the Colorado River Indian Tribes of Arizona for many years. 
Some of these practices involve cultural and religious beliefs that are 
very important to the Pascua Yaqui Tribe, for example.
  However, these practices in recent years have been inhibited by the 
requirements of the Safe Explosive Act of 2002, called the SEA Act. The 
Safe Explosives Act significantly expanded the Federal explosive laws 
to include requirements that a license or permit be obtained in order 
to receive explosives. The SEA Act established background checks and 
expanded the categories of persons prohibited from possessing 
explosives. H.R. 1333 ensures that Indian tribes across the country 
will be able to carry on their same cultural and religious practices 
that they enjoyed with fireworks celebrations prior to the enactment of 
the permitting requirements.
  It's important to protect the rituals of Native Americans and afford 
Indian tribes the same treatment under the

[[Page 22997]]

law as Federal, State, and local governments currently enjoy.
  So I urge my colleagues to support this legislation, and I reserve 
the balance of my time.
  Mr. SCHIFF. Mr. Speaker, I have no further speakers and will reserve 
the balance of my time.
  Mr. POE of Texas. I yield back the balance of my time.
  Mr. SCHIFF. Mr. Speaker, I want to thank my colleague from Arizona, 
Mr. Grijalva, for his leadership on this issue and urge passage of the 
bill.
  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. Schiff) that the House suspend the rules 
and pass the bill, H.R. 1333, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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