Nick Rahall

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, would you tell us how much time is left for all Members.

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

Mr. RAHALL. Mr. Speaker, I yield the gentleman 15 seconds.

Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume. Today, the Committee on Natural Resources is continuing our effort to bring justice to Indian country. Last year, the committee brought to the full House legislation to finally provide Federal recognition to the long suffering Lumbee Tribe in the State of North Carolina. We also brought to the floor legislation to grant Federal recognition to six Virginia tribes 400 years after the founding of the Jamestown settlement. These were the very tribes that greeted the English settlers when they landed on our shores. Today, we are considering legislation to end a 153-year odyssey involving two federally recognized tribes in the State of Michigan--the Bay Mills Indian Community and the Sault Ste. Marie Tribe of Chippewa Indians. This bill seeks to settle legitimate land claims of these two Indian tribes. I would note that the resolution of Indian land claims is something that is vested with the Congress, and Congress has taken this type of action on numerous occasions. No precedent is being set by these bills. The genesis of the pending legislation dates back to 1807 when the Chippewa ceded much of what is now the State of Michigan in a treaty with the Governor of the Michigan Territory. Subsequent treaties ensued in 1817, 1820, 1836, and in 1855. In the case of both the Bay Mills and the Sault Ste. Marie, the 1855 Treaty of Detroit set aside land, in what is now known as Charlotte Beach, for their exclusive use. However, shortly after the treaty was concluded, that very land was sold to non-Indian speculators. This is hardly the first time something like this was done to Native Americans, but it is another indictment in the long and sad chapter of their past treatment by those with wealth and power. At present, some 100 non-Indian landowners reside on the Charlotte Beach land, under a clouded title, due to the legitimate land claims filed by the Bay Mills and the Sault Ste. Marie. This makes it impossible for the residents of Charlotte Beach to receive title insurance--depressing land values and making it difficult to obtain mortgages, among other issues. The Interior Department has testified to the legitimacy of the land claims in question. Their legitimacy has also been recognized by two Governors of the State of Michigan--Republican John Engler and current Democratic Governor Jennifer Granholm. Indeed, Jennifer Granholm stated in a letter addressed to me: ``The Federal courts have held that both the Bay Mills Tribe and the Sault Ste. Marie Tribe trace their ancestry to the two Chippewa bands named in the deed to the disputed Charlotte Beach lands and that both tribes, accordingly, share in any potential claim based on those lands.'' To be clear then, that is what is at issue with the pending legislation--the settlement of these land claims. There is no administrative process available to accomplish this. It is something that is solely vested with the Congress. The pending measure would implement a settlement agreement entered into by the Governor of Michigan, the Bay Mills and the Sault, and in doing so, it would clear the land title cloud that has hung over the residents of the Charlotte Beach area. Under an agreement reached with the Bay Mills and with the Sault Ste. Marie Tribe, initially with Governor Engler and subsequently with Governor Granholm, the tribes would relinquish their land claims at Charlotte Beach, and instead, would be able to take into trust land at, in the case of the Bay Mills, Port Huron, Michigan, and in the case of the Sault Ste. Marie, either Flint, Monroe or Romulus, Michigan. Under this settlement agreement, gaming is authorized on the new reservation lands at Port Huron and at either Flint, Monroe or Romulus. However, in my view, the primary concern of Congress is the settlement of the land claims. What then occurs is a matter that is up to the State of Michigan, its political subdivisions, and the affected tribes. Finally, Mr. Speaker, I would note that all Representatives of the House of Representatives whose congressional districts contain either the lands where the existing land claims rest or the areas where the new reservation lands would be created support these two bills--the dean of our House, Chairman John Dingell; Representative Bart Stupak; Representative Dale Kildee, and Representative Candice Miller. I would also note that the municipalities involved support this settlement. I have set out the facts, Mr. Speaker, the historical record regarding these two tribes and their Charlotte Beach land claims. I do believe that the deliverance of justice is on the side of these two tribes and of the legislation we are considering today. I reserve the balance of my time.

Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 2176.

Mr. RAHALL. Mr. Speaker, I am very happy to yield 3 minutes to the distinguished member of our Committee on Natural Resources, a member of my class as well, and from the State of Michigan, Mr. Dale Kildee.

Mr. RAHALL. May I have the time that is left?

Mr. RAHALL. Mr. Speaker, who has the right to close?

Mr. RAHALL. Mr. Speaker, I'll be glad to yield to the distinguished dean of the House of Representatives--the gentleman from Michigan, a dear friend to all of us regardless of our position on this issue-- Chairman John Dingell, 5 minutes. (Mr. DINGELL asked and was given permission to revise and extend his remarks.)

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

Mr. RAHALL. Mr. Speaker, I insist on my point of order.

Mr. RAHALL. Mr. Speaker, I reserve a point of order.

Mr. RAHALL. Mr. Speaker, I plan to close with that time; so I reserve the balance of my time.

Mr. RAHALL. Mr. Speaker, pursuant to House Resolution 1298, I call up the bill (H.R. 2176) to provide for and approve the settlement of certain land claims of the Bay Mills Indian Community, and ask for its immediate consideration.

Mr. RAHALL. Mr. Speaker, as we conclude this debate, I would like to take this opportunity to implore the other body to act upon the Lumbee and the Virginia Tribe bills that this body had sent over for its consideration last year. The magnitude of injustice that has befallen these Indian people is almost beyond comprehension. To the matter at hand. One hundred fifty-three years ago, ladies and gentlemen, that is when these tribes were robbed of their land. The historic record shows they were swindled out of their promised land. This has been their version, their own version of the Trail of Tears. We must not continue to condone that. We have a higher calling in this body. This is a matter about rising above the petty differences, it's about making restitution and making the tribes involved whole, making the tribes involved whole, and as well clearing title to land where the good people of Charlotte Beach reside. So I would say to those of my colleagues with concerns over this measure, look into your souls. There, it is my hope, that you will find justice to this cause, to this land claim settlement. The pending legislation, I might add, is supported by the United Auto Workers, the International Union of Operating Engineers, and the International Union of Machinists. As I conclude, let me say again that it is time we move on so that we can address other issues of importance to Indian country, such as the Indian Health Care Improvement Act, reported out of the Committee on Natural Resources; self-governance issues; other land and economic development issues, such as with the Catawba in South Carolina. There are many other Indian tribes in Indian country around our country that have many injustices yet to be addressed by the Congress of the United States. We have to look into our souls and decide that it is time to move above these petty differences, to realize that it is incumbent upon us in the Congress to address these issues when others will not. So I implore my colleagues to support the pending legislation as well as ending many other injustices to our first Americans, our native Indians. I yield back the balance of my time.

Mr. RAHALL. Mr. Speaker, certainly after listening to the gentleman's diatribe, or whatever it was he was talking about, it's certainly not related to the pending legislation. Never once did I hear the word ``Indian.'' It's a further example of the petty politics the minority is trying to play with the serious problems confronting the American people. I insist on my point of order, and I raise a point of order that the motion to recommit contains nongermane instructions, in violation of clause 7 of rule XVI. The instructions in the motion to recommit address an unrelated matter to the pending legislation.

Mr. RAHALL. Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Missouri (Mr. Clay).

Mr. RAHALL. Mr. Speaker, I move to lay the appeal on the table.

Mr. RAHALL. Madam Speaker, on that I demand the yeas and nays.

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

Mr. RAHALL

Mr. RAHALL. Madam Speaker, I rise today in recognition of the 145th birthday of my home State, West Virginia. The most violent conflict in the history of our Nation, the Civil War, gave America a new definition of freedom, strengthened the role of the Federal Government, and ultimately reconciled our fractured Union. For West Virginians, the 1861-1865 conflict remains significant for another reason: Virginia was rendered in two, east and west, and a new State, West Virginia, was born. This June 20th marks the 145th birthday of the State of West Virginia. I ask all West Virginians--the hardest working, most hospitable, and most patriotic people in the United States--to join me in celebrating how far our State has come. West Virginians have long known their uniqueness and celebrated it. As the only State to be formed by seceding from its parent State, West Virginia blazed a trail of independence of mind and spirit in a country that was tearing itself apart. West Virginia is the only State to achieve Statehood by the proclamation of a President on the provision that West Virginia would support the gradual abolishment of slavery in its newly formed constitution. On June 20, 1863, West Virginia became the 35th State. On this West Virginia Day, I reflect upon the treasures of our State--truly one of the most beautiful in the Nation. With its majestic mountains, rolling hills, awesome gorges and rivers, picturesque towns, hospitable people, and a ``wild and wonderful'' atmosphere, I thank God for the opportunity to call it home. Many historic figures have lived and traveled through the Mountain State on their way to shaping the course of our Nation's history. Daniel Boone settled and lived in present day Kanawha County. Stonewall Jackson, the stalwart Civil War general, was born in Clarksburg and Pearl S. Buck--Pulitzer Prize and Nobel Prize winning author was born in Hillsboro, Pocahontas County. Many modern-day heroes and stars also hail from the hills of West Virginia. Jennifer Garner, who received a Golden Globe for her performances on ABC's hit television drama ``Alias,'' is a Charleston native. Chuck Yeager, who broke the sound barrier and has used his influence to promote scholarship and development opportunities for the State, was born in Myra. The mining town of Coalwood, in McDowell County is now world-renown as the home of Homer Hickam, best-selling author of Rocket Boys, upon which the award-winning 1999 motion picture ``October Sky'' was based. In addition to celebrities, both historical and modern, West Virginia's elected leaders have brought vision and opportunity to our State. Most notable, Senator Robert C. Byrd, the ``Big Daddy'' of West Virginia politics, is the longest serving Senator in history and has secured billions of dollars for the future of our State. He remains a force to be reckoned with in the Senate with his longevity and leadership. Home to an abundance of natural resources, West Virginia has helped feed and power our Nation. West Virginia's ``Coal Keeps the Lights On.'' Our agricultural industry provides dairy, poultry, and feed crops for our State and beyond. The lumber industry makes use of the bountiful forests that cover 75 percent of our beautiful terrain. Lastly the greatest gift and most precious resource our State has nurtured are West Virginians themselves--honest, hard-working people who are very the lifeblood of our State. Today West Virginians thank the Lord for our bountiful blessings, bound together in loyalty and love for our State as we remind ourselves that, yes--John Denver was right, West Virginia is truly almost Heaven. Happy Birthday West Virginia.

Mr. RAHALL

Mr. RAHALL. Madam Speaker, I rise today in support of H. Con. Res. 350, a resolution I introduced with the gentlelady from Guam, Ms. Bordallo, and the gentleman from Massachusetts, Mr. Delahunt, urging the U.S. delegation attending the International Whaling Commission meeting in Santiago, Chile, to take a leadership role in ensuring the protection of the world's great whales. I wish to thank Chairman Berman and Subcommittee Chairman Delahunt for their support of my resolution and for ensuring its timely consideration today. The American people care deeply about protecting whales, and the U.S. played a leading role in the adoption of the 1986 moratorium on commercial whaling by the IWC. Before the moratorium, whalers from many countries routinely exceeded quotas established by the IWC, and whale populations plummeted. Adoption of the moratorium and the end of the slaughter represented an historic milestone in the history of whale conservation, and many stocks have recovered. Despite this, whales still face many threats--from pollution, climate change, and even continued hunting. Norway officially objected to the moratorium when it was adopted and resumed commercial whaling in 1993. Japan and Iceland exploit loopholes in the Convention and continue to hunt whales under the guise of ``scientific whaling,'' despite the fact that the scientific committee of the IWC has decried the need for and condemned the quality of this science. At the same time, Japan is calling for the IWC to once again sanction commercial whaling in the form of ``coastal'' whaling, ``community'' whaling, or some other iteration of small-scale commercial whaling that will effectively eviscerate the moratorium, threatening to leave the IWC and resume larger-scale whaling operations unless their request is met. The issues of commercial whaling under the guise of scientific or community whaling will likely be debated at this year's IWC meeting, and many will claim that the future of the organization is in jeopardy. We must be very careful, however, that our efforts to fix what some people perceive as a broken institution, do not come at the expense of the very species that institution is intended to protect. H. Con. Res. 350 calls on the U.S. delegation to remain firmly opposed to commercial whaling in all its forms at the upcoming meeting of the IWC. The resolution urges the U.S. not only to oppose the unnecessary lethal taking of whales for scientific purposes, but also to reject proposals that would weaken or lift the moratorium by creating the new category of coastal or community whaling that is nothing more than commercial whaling in disguise. Now, it is more critical than ever that the U.S. maintain its leadership role in shaping global whale conservation policies through the IWC. The American people strongly oppose commercial whaling of any kind, and the Administration must not undo more than 20 years of whale conservation by yielding to a few nations who threaten to leave the IWC. In supporting this resolution, Congress recognizes the intrinsic value of these majestic animals, as well as the vital role whales play in the world's marine ecosystems. Conserving them for future generations requires us to uphold strong international agreements and maintain an unwavering commitment to protect these magnificent species from killing for commercial gain.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I submit the following letters for inclusion in the Record on the consideration of H.R. 5511, the Leadville Mine Drainage Tunnel Act of 2008. House of Representatives, Committee on Transportation and Infrastructure, Washington, DC, June 12, 2008. Hon. Nick Rahall, Chairman, Committee on Natural Resources, House of Representatives, Washington, DC. Dear Chairman Rahall: I write to you regarding H.R. 5511, a bill to direct the Secretary of the Interior to remedy problems caused by a collapsed drainage tunnel in Leadville, Colorado. H.R. 5511 contains provisions that fall within the jurisdiction of the Committee on Transportation and Infrastructure. I recognize and appreciate your desire to bring this legislation before the House in an expeditious manner and, accordingly, I will not seek a sequential referral of the bill. However, I agree to waive consideration of this bill with the mutual understanding that my decision to forego a sequential referral of the bill does not waive, reduce, or otherwise affect the jurisdiction of the Committee on Transportation and Infrastructure over H.R. 5511. Further, the Committee on Transportation and Infrastructure reserves the right to seek the appointment of conferees during any House-Senate conference convened on this legislation on provisions of the bill that are within the Committee's jurisdiction. I ask for your commitment to support any request by the Committee on Transportation and Infrastructure for the appointment of conferees on H.R. 5511 or similar legislation. Please place a copy of this letter and your response acknowledging the Committee on Transportation and Infrastructure's jurisdictional interest in the Committee Report on H.R. 5511 and in the Congressional Record during consideration of the measure on the House Floor. I look forward to working with you as we prepare to pass this important legislation. Sincerely, James L. Oberstar, M.C., Chairman.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, as Chairman of the Committee on Natural Resources, I would like to commend our colleague, Representative John Sarbanes, for his tireless efforts on behalf of the pending legislation. This bill is a simple, straightforward measure that would permanently authorize the highly successful Chesapeake Bay Gateways and Watertrails Network, which would otherwise expire at the end of this fiscal year. Over 10 million people each year visit one of the 156 gateway sites supported by this program. They come to kayak or canoe, hike or bike, picnic, hunt or fish or to watch wildlife. Others come to visit the Chesapeake's many maritime museums or to renew their acquaintance with turning points in our Nation's history at sites such as Fort McHenry and Yorktown Battlefield. Each of those visitors comes away with a strengthened awareness of the crucial role of the Chesapeake in our national story and as the ecological and economic heart of the mid-Atlantic. And that is the goal of the Gateway Network, to renew our connection with that great bay. The program is so successful that the National Park Service has heaped praise upon it, and the White House, in 2005, declared it to be a ``cooperative conservation success story.'' Congress originally authorized this program for 5 years, and renewed that short-term authorization in 2002. In 2004, a National Park Service special resource study concluded that a permanent commitment to the program would ensure its long-term viability and enhance the Chesapeake's status among America's national treasures. Anyone who saw the Washington Post article on Monday knows that the bay's oyster population is in trouble. That situation is both a symptom and one of the causes of the precarious health of the bay. Keeping people connected with and concerned about the Bay is vital to each step in restoring that great estuary--from its headwaters to its oysterbeds. The Gateways Network does just that. The program is a proven success, and should be permanently authorized. I commend the gentleman from Maryland, a valued member of the Natural Resources Committee, for his advocacy of this measure. I urge my colleagues to support H.R. 5540.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I rise in support of H.R. 3058, the Public Land Communities Transition Assistance Act. As the chairman of the Committee on Natural Resources, I do want to express my deep appreciation to the gentleman from Oregon, Peter DeFazio, for his strongly tenacious efforts and determined determination on behalf of this legislation. He has more than adequately explained the bill. My purpose is to stress the urgency of this body acting on the legislation. This legislation, commonly referred to as the ``county payments bill,'' was enacted in 2000 to provide stability in revenue sharing payments made to the States and counties containing Federal forest lands. This funding has been extremely important, critically so in many cases, in assisting schools and communities in rural counties across the country, including my home State of West Virginia. Yet the Congress has failed to reauthorize the program. This Congress, with a Democratic majority, is attempting to pick up the pieces of a program that was looking at being eliminated square in the eye. Last year we managed to pass a 1-year extension of county payments, but that is due to expire at the end of this month. So I cannot stress enough the urgency of today's vote. Critical funding for schools and county services across the country will evaporate if we do not act today. Indeed, the National Forest Counties and Schools Coalition estimates that about 7,000 teachers and other educational staff will be laid off as of June 30th when their contracts expire if this body does not act. That is something worth thinking about. Students in rural forest counties across this Nation will be deprived of almost 7,000 teachers and the other educational staff. Now, some have taken issue with the pay-for, the offset being used for this bill, which is a conservation of resources fee on a class of Federal oil and gas leases in the Gulf of Mexico that are unduly enjoying royalty relief by virtue of not having price thresholds. This is not a new proposal. This body has considered it before, and rightly so. My colleagues, to date the American people have been deprived of over $1 billion in Federal royalties as a result of this situation. That is over 1 billion with a ``B'' dollars, something worth thinking about. We now learn that in the future if this situation is not corrected, the American people will be fleeced to the tune of $4 billion and to a high of $14 billion.