Raúl Grijalva

Mr. GRIJALVA

Mr. GRIJALVA. Mr. Speaker, for 10 years, the Carcieri decision has caused anxiety and confusion in Indian Country, creating dangerous legal ambiguities related to Indian trust lands. Today, we can finally end all that. We can remove the ambiguity and uncertainty, and finally offer Tribal nations peace of mind that their lands are protected. Mr. Speaker, I urge swift passage of H.R. 375, and I yield back the balance of my time.

Mr. GRIJALVA. Mr. Speaker, I yield as much time as he may consume to the gentleman from Arizona (Mr. Gallego), my colleague and chair of the Subcommittee for Indigenous Peoples of the United States.

Mr. GRIJALVA. Will the gentleman yield?

Mr. GRIJALVA. Mr. Speaker, when a Tribe applies to have land taken into trust through the Department of the Interior, local concerns are already strongly considered, even more so when the land is located away from existing reservation lands. However, I do recognize there is a desire from some Members on both sides of the aisle to work on stand-alone legislation that would codify some of the process. I agree with the gentleman's statement about veto abilities. Any provision which would give counties or local governments veto power over trust land decisions is, frankly, a nonstarter. Local input is vital to these decisions and should be taken into account. However, Tribal consultation is solely the responsibility of the Federal Government, as is any final decision on transferring land into trust. And I think because of the national implications of the question of trust land and the role that communities, i.e., counties and municipalities, would play, I think there is a need to somehow accommodate a level of Tribal consultation, because they are going to be the most affected party by any decision that is made. With that said, I do commit, Mr. Speaker, to looking at any proposal on the issue and to work moving forward if it is to the betterment of all the stakeholders and I would assist the legislation in its final passage.

Mr. GRIJALVA

Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to insert extraneous material on H.R. 312.

Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume. Upholding the establishment of Tribal homelands should be, and is, one of the most important actions that this Congress can take. It is not just about tax-exempt status or economic development, both of which are vitally important to Tribal communities. It is also about the construction of schools, housing, clinics, elder care facilities, things that are extremely vital to the quality of life and well-being of Tribal members. It is also about recognizing a Tribe's historical, cultural, and spiritual connection. It is not about protecting a market share. It is not about the tweets from the President. It is not about the scare tactics and hysteria of off-reservation gaming that is constantly used in trying to fight the self-determination and the ability of Tribes to take care of themselves. And it is about identity. I want to just follow up on the gentlewoman from Kansas' comment. To ensure Tribal sovereignty and self-governance, land is critical to the connection of people to their land. And the real-world decisions that we are making have real consequences. To strip people of their land is to strip them of their identity, to strip them of their self-governance and their self-determination. It is a sad state that, nearly 400 years later, the Mashpee still have to fight for land that is rightfully theirs. But we can remedy that today. I want to thank our colleagues Mr. Keating and Mr. Kennedy, as well as the entire Massachusetts delegation, for spearheading this effort to save the Mashpee's land, preserve their way of life, and reestablish and not allow a precedent to stand where trust land that was given is taken away. This is an important piece of legislation with implications across Indian Country. Mr. Speaker, I urge the swift adoption of H.R. 312, and I yield back the remainder of my time.

Mr. GRIJALVA. Mr. Speaker, I reserve the balance of my time to close.

Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 312, the Mashpee Wampanoag Tribe Reservation Reaffirmation Act, will reaffirm the trust status of Mashpee's Tribal land and protect the Tribe from further attacks on its land and its sovereignty. The Mashpee relationship with the Federal Government is one of the oldest in the United States. In fact, their ancestors are the ones who welcomed the pilgrims who landed at Plymouth Rock, as well as the people who aided those pilgrims through hard times in 1621, in what we now refer to as the ``First Thanksgiving.'' Like many Tribes, the Mashpee were intentionally and systematically rendered landless, through no fault of their own. They fought long and hard over the years to reestablish both their Tribe and their land base. The Tribe first petitioned the Federal Government for recognition in 1978. Finally, after 30 years, the Bush administration extended formal recognition to the Tribe in 2007. However, they still remained landless. This was remedied in 2015, when the Department of the Interior took approximately 320 acres into trust to serve as the Tribe's reservation lands. The two parcels that compose the 320 acres are both within the Tribe's historic and ancestral homelands. The Tribe constructed a government center on the land, which includes their schools, courtrooms and multipurpose room, as well as a medical clinic facility. And they broke ground on a gaming facility that would eventually bring in much-needed revenue for Tribal operations and programs. However, in 2016, a group of Taunton residents, backed by an out-of- state commercial gaming company, filed a Carcieri suit in federal court to challenge the Department of the Interior's action. Initially, the executive branch defended the decision to create the Mashpee reservation. However, in May 2017, the Department of Justice, under the Trump administration, inexplicably withdrew from the litigation and is no longer defending the status of the Tribe's land. Then, in September 2018, the Department of the Interior issued its first Carcieri decision in which it refused to reaffirm its own authority to confirm the status of the Tribe's lands into trust. The effect of this decision cannot be overstated. For the first time in this century, a Tribe was stripped of its sovereign rights to its land. It would mark the first time since the dark days of the termination era that the United States acted to disestablish an Indian reservation and render a Tribe landless. These attacks on the reservation and on the Tribe's very status have been devastating. The legal uncertainty that has been imposed by these events is forcing the Tribe to borrow thousands of dollars every day just to keep its government running, resulting in devastating cuts to essential services, and massive layoffs of Tribal members. This is completely unacceptable. We cannot idly stand by as Tribal people are once again harmed by yet another action by the Federal Government. Let's be honest, the Federal Government has done a terrible job of living up to its moral and legal obligations to Indian Country. Housing, education, healthcare, and basic needs often go unmet in Tribal lands. These are not extras or handouts to Tribal people. It is part of a trust responsibility, enshrined in numerous treaties, court rulings, and laws. But the needs still need to be met, despite the Federal Government's failings. So how do Tribes attempt to make up for that shortfall? By utilizing their land for economic development, including gaming. Economic development on Tribal lands is vital to the prosperity of a Tribe and the ultimate goal of self-determination and self-reliance. We have seen it numerous times across the Nation: Tribes using those dollars to fund their programs, construct housing and health clinics, and take care of the needs of their people. The Mashpee Tribe should not be hindered from economic development on their land solely because the State of Rhode Island wants to protect its own State-run gaming interest. H.R. 312 is widely supported in Indian Country, with letters of support from over 50 individual Tribes and pan-Tribal organizations. Additionally, the bill has strong support, including from the cities of Taunton and Mashpee, the Chambers of Commerce of both cities, the State of Massachusetts, numerous Members of the Massachusetts State House and State Senate, the Mayflower Society, and many local businesses and business leaders. Passage of H.R. 312 will protect the Mashpee Tribe's reservation lands and make clear that the Tribe is entitled to be treated the same way as other federally recognized Tribes. Mr. Speaker, I urge its adoption, and I reserve the balance of my time.

Mr. GRIJALVA. Mr. Speaker, I reserve the balance of my time.

Mr. GRIJALVA

Mr. GRIJALVA. Mr. Speaker, as another one from Arizona, let me close by thanking the ranking member and also noting that 2026 is around the corner. The work that was being done today with this drought contingency plan is a very important door into what needs to be done in the future, the cooperation, the collaboration, and the urgency going forward. As Mr. Schweikert said, the job is not complete yet. There is much still to do. I hope that the stakeholders and everyone involved in getting the plan to this point continue, with earnestness and with purpose, to address the issue of water availability in the Southwest. As our areas become more and more arid, understand that this is not an infinite resource we have in water. It is a finite resource, and we need to treat it that way. Mr. Speaker, I urge my colleagues to support the legislation, and I yield back the balance of my time.

Mr. GRIJALVA. Mr. Speaker, I reserve the balance of my time.

Mr. GRIJALVA. Mr. Speaker, I yield 2 minutes to the gentleman from Utah (Mr. McAdams).

Mr. GRIJALVA. Mr. Speaker, I yield an additional 30 seconds to the gentlewoman from California.

Mr. GRIJALVA. Mr. Speaker, let me also thank the ranking member, Mr. Bishop, and his staff for helping expedite the process, and for their input throughout this process. Mr. Speaker, I yield 2 minutes to the gentlewoman from California (Mrs. Napolitano) for her comments.

Mr. GRIJALVA. Mr. Speaker, I yield 2 minutes to the gentleman from Arizona (Mr. Stanton).

Mr. GRIJALVA. Mr. Speaker, I yield 2 minutes to the gentleman from Arizona (Mr. O'Halleran).

Mr. GRIJALVA. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous materials on the measure under consideration.

Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 2030 will direct the Secretary of the Interior to immediately execute the drought contingency plan agreements. The drought contingency plan agreements will allow us to immediately respond to the historic drought conditions in the Colorado River Basin. These conditions pose a threat to the water supply of 40 million people, and 5.5 million acres of farmland. This legislation directs the Secretary of the Interior to immediately execute the drought contingency plan agreements since the actions to be undertaken are within the analyses and range of effects reviewed in existing environmental documents. These environmental documents include: Number 1, a 2007 final EIS on Colorado River Interim Guidelines for Lower Basin Shortages and Coordinated Operations for Lakes Powell and Mead. Number 2, existing ESA documents for the Colorado River Storage Project Act initial storage unit reservoirs. Additional environmental compliance is only applicable should further Federal actions be undertaken that are outside the range of effects analyzed in the previously mentioned environmental documents. Mr. Speaker, that essentially means that the drought contingency plan agreements fit within the framework of existing environmental compliance. This compliance allows the Secretary of the Interior to immediately sign the drought contingency plan agreements. This immediate action is essential to preserving the water supply for millions of people in the American Southwest. Before closing, I would also like to thank the many people who worked for years to develop and finalize the DCP. In particular, I want to highlight the contributions of the Colorado River Indian Tribes, and Gila River Indian Community. Without their contributions, DCP simply would not be possible. I also want to thank the seven basin States and others who worked with me and my staff to finalize DCP and enable the legislation over the past several weeks. I am glad that we were able to work together to develop legislation that has earned broad, bipartisan support here in Congress, and with affected stakeholders. I reserve the balance of my time.

Mr. GRIJALVA. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2030) to direct the Secretary of the Interior to execute and carry out agreements concerning Colorado River Drought Contingency Management and Operations, and for other purposes.

Mr. GRIJALVA

Mr. GRIJALVA. Madam Speaker, I ask unanimous consent that Representatives Mark Amodei of Nevada, Scott Tipton of Colorado, Ken Buck of Colorado, Torres Small of New Mexico, and Susie Lee of Nevada be removed as cosponsors of H.R. 1904.

Mr. GRIJALVA

Mr. GRIJALVA. Madam Chair, the underlying bill will provide a historic extension of Tribal jurisdiction and ensure that more Native people receive the proper legal protections against people who commit violence toward them. Unfortunately, during the historic passage of the 2013 Violence Against Women reauthorization, the Saginaw Chippewa Tribe quickly realized the cost of implementing this important provision was pricey. Cost concerns about implementing Tribal jurisdiction are generally related to incarceration, healthcare, and jury selection. Further, a National Congress of American Indians report found that there are multiple implementation costs related to incarceration, healthcare, code development, law enforcement, and prosecutors. This hinders some Tribes from implementing the most important provisions related to the Violence Against Women Act. Unlike States, Tribes do not have the ability to tax for the costs related to implementing these important provisions that protect its people. With the support of Representative Kildee, who represents the area of the Saginaw Chippewa Tribe, the amendment I am offering will help alleviate the costs Tribes will incur due to the expanded criminal jurisdiction provision. This amendment would authorize the Department of Justice to reimburse Tribes that incur costs related to arrest, indigent defense services, and rehabilitation services. Further, this amendment provides language allowing DOJ to award grants to improve their law enforcement, detention and correctional facilities, culturally appropriate services, and criminal code development. I urge my colleagues to protect Indian Country from violence and support this amendment that will ease the costs incurred by Tribes for implementing this historic bill. Madam Chair, I reserve the balance of my time.

Mr. GRIJALVA. Madam Chair, I ask unanimous consent that my amendment be modified in the form that I have placed at the desk.

Mr. GRIJALVA. Madam Chair, I have an amendment at the desk.

Mr. GRIJALVA. Madam Chair, I have no other speakers. I yield back the balance of my time.

Mr. GRIJALVA. Madam Chair, as we have heard over and over today, and justifiably so, the reauthorization of the Violence Against Women Act is critical for women across this country. This bill will ensure the safety of women, especially Native American women. My amendment will expand the definition of domestic violence to include violence against or witnessed by a child or elder, as defined by Tribal law. This important amendment will allow Tribes to ensure that perpetrators acting violently toward or near children or elders receive consequences for their actions. The Tulalip Tribe is one of the first Tribes to implement the Special Domestic Violence Criminal Jurisdiction from the 2013 Violence Against Women Act reauthorization. They immediately experienced the implications of not having this protection for children and elders in their jurisdiction. Of the 30 cases they received in Tribal court, 20 involved children and/or elders. Although the violence impacted the child or the elder, the Tribal court was not able to prosecute. When the jurisdiction moved to the State, it did not prosecute the remaining 20 cases in State court. Justice was not served for the children and/or the elders experiencing violence. In 2010, the Attorney General's report on American Indian and Alaska Native children exposed to violence included the recommendation that Congress should restore the inherent authority of American Indian and Alaska Native Tribes to assert jurisdiction over persons who commit crimes against American Indian and Alaska Native children. This amendment is a step toward guaranteeing that Congress keeps American Indian and Alaska Native children and elders safe. By passing this amendment, Congress will restore the inherent authority for the Tulalip Tribe and others to fully secure the safety of Tribal children and elders throughout Indian Country. I urge my colleagues to protect Native children and elders by supporting this amendment. Madam Chair, I reserve the balance of my time.