Providing for the Equitable Settlement of Certain Indian Land Disputes Regarding Land in Illinois, and for Other Purposes

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Bruce Westerman, AR

Republican
“I want the House to quickly pass this bill about land claims for an Indian tribe in Illinois.”
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Mr. Speaker, I move to suspend the rules and pass the bill (S. 550) to provide for the equitable settlement of certain Indian land disputes regarding land in Illinois, and for other purposes. The Clerk read the title of the bill. The text of the bill is as follows:

Bruce Westerman, AR

Republican
“I want the House to pass this bill. The bill allows the Miami Tribe to ask the government for money for past land problems. The bill does not allow the tribe to get land back or sue landowners. The tribe has one year to ask for money. Then they can't ask about this land again. I want my colleagues to support this bill.”
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Mr. Speaker, I yield myself such time as I may consume. S. 550, introduced by then-Senator Mullin and championed by Chairman Cole in this Chamber provides a narrow pathway for the Miami Tribe of Oklahoma to bring its treaty-based land claim related to certain lands in Illinois before the U.S. Court of Federal Claims. Now located in Oklahoma, the Tribe was originally based in the Great Lakes and Midwest region. The 1805 Treaty of Grouseland recognized the Miami Tribe's title to lands in the Wabash River watershed and ensured that the U.S. would not purchase portions of that territory without Tribal consent. In the decades that followed, additional treaties and Federal policies led to the large-scale cessions of the Tribe's land, including their historic homelands in Illinois. These lands are central to this legislation, as they were later patented to non-Native settlers without properly extinguishing Tribal title. This forms the basis of the Tribe's treaty-based claim. Congress enacted the Indian Claims Commission Act of 1946, which established the Indian Claims Commission, or ICC, to provide a forum for Tribes seeking monetary compensation for claims against the U.S. that predated August 13, 1946. The ICC did not restore land. Rather, it awarded monetary damages based on the land's value at the time of the taking. At the time of the ICC, the Miami Tribe preferred the return of the land in Illinois over cash awards. The Indian Claims Commission Act of 1946 required all claims to be filed within 5 years of enactment and barred late claims from being filed. The ICC ceased operations in 1978, and the U.S. Court of Federal Claims assumed all remaining matters. This legislation provides a narrow jurisdictional pathway for the Miami Tribe to bring its treaty-based land claim before the U.S. Court of Federal Claims within 1 year of the enactment of this legislation. This legislation only authorizes monetary relief against the U.S. and precludes any equitable relief or recovery against private landowners. Finally, this legislation extinguishes the Tribe's remaining land and title claims to the specified Illinois lands. Mr. Speaker, I thank Chairman Cole for being a long-time champion of this legislation. Mr. Speaker, I urge my colleagues to support this bill, and I reserve the balance of my time.

Sarah Elfreth, MD

Democrat

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“I want the House to pass this bill. The bill allows the Miami Tribe to ask the government for money for past land problems. The bill does not allow the tribe to get land back or sue landowners. The tribe has one year to ask for money. Then they can't ask about this land again. I want my colleagues to support this bill.”
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Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, S. 550 would provide the U.S. Court of Federal Claims with jurisdiction over the Miami Tribe of Oklahoma's land claim in east central Illinois. Prior to being forcibly removed from their homeland, the Miami Tribe resided in the Great Lakes region. In 1805, the Miami Tribe, the Eel River Band, and the Wea signed the Treaty of Grouseland with the United States. The 1805 treaty provided that land south of the Great Lakes in the Wabash River watershed were not ceded and the United States would not purchase lands without the consent of the signatories. However, the United States later violated this treaty when lands were placed into the public domain and parcels were transferred to settlers without extinguishing the Tribe's title to the land. This has resulted in difficulties and confusion with the current landowners as the Miami Tribe maintains a claim to the title. S. 550 would allow the Tribe 1 year to bring their claim before the U.S. Court of Federal Claims and would extinguish any other of the Tribe's claims to the land. The bill provides the Tribe with a path forward to get their day in court but does not dictate an ultimate outcome. Mr. Speaker, I urge support for this legislation, and I reserve the balance of my time.

Tom Cole, OK

Republican
“I want to thank my colleagues for helping with this bill. It's been a long wait for the Miami Tribe. The bill fixes a very old mistake. The government took land without permission a long time ago. The tribe still has a rightful claim. This bill gives the tribe their day in court. It ends all other claims. It helps the tribe. It helps landowners in Illinois have certainty. I'm a tribal member. I'm glad to help another tribe. I want this bill to pass.”
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Mr. Speaker, I thank my very good friend, Chairman Westerman, for yielding me the time and for bringing this important piece of legislation to the floor. I also thank Congresswoman Betty McCollum of Minnesota for her collaboration, and Secretary Markwayne Mullin for his work on this legislation during his time in the Senate. I rise today, Mr. Speaker, in strong support of S. 550, the companion legislation to my bill, H.R. 2827. The Miami Tribe of Oklahoma have been waiting more than 10 years for this legislation to pass, and today is finally that day. Mr. Speaker, that would not be possible without Chairman Westerman's help and support, and I am very appreciative. Resolving this land claim will remedy a mistake made by the Federal Government roughly two centuries ago. In 1805, the Miami Tribe, Eel River Band, and Wea, signed the Treaty of Grouseland, which, under Article IV, reserved all lands within the Wabash River watershed and land located west of the Wabash River, which is in present-day Illinois. From 1805 to 1840, the United States transferred 2.6 million acres of this land to non-Native settlers without having acquired title from the Tribes. As a result, title to that land is still held by the Miami Tribe's superior claim to title, and the Tribe never consented to that land being purchased. S. 550 will allow the Miami Tribe to have their rightful day in court and extinguish all claims to this land in Illinois. This straightforward, bipartisan piece of legislation will not only provide finality for the Miami Tribe, but also certainty to the landowners and farmers in Illinois who have been living on this land for generations. As a Tribal member myself, it is an honor to help a fellow Tribal nation and be a voice here in Washington. Today is a testament of Congress upholding its trust and treaty responsibility, and I would like to thank Chairman Westerman again for his support. Chairman Hurd, Ranking Member Huffman, and Ranking Member Leger Fernandez were also instrumental, and I appreciate the efforts of their staff and their support and efforts on this important piece of legislation. Mr. Speaker, I urge the passage of S. 550.

Sarah Elfreth, MD

Democrat
“I want to thank Chairman Cole for his work. This bill has support from both parties. I want this bill to pass.”
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Mr. Speaker, I, too, would like to thank Chairman Cole for his dedication to this bill and seeing it through. Mr. Speaker, I urge support for this bipartisan piece of legislation, and I yield back the balance of my time.

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