Additional materials supplied-Continued Troutman, Charles H., Compiler of Laws, Office of the Attorney General, Department of Law, Territory of Guam, Letter submitted for the record LEGISLATIVE HEARING ON H.R. 791, TO PROVIDE FOR THE EQUITABLE SETTLEMENT OF CERTAIN INDIAN LAND DISPUTES REGARDING LAND IN ILLINOIS; AND H.R. 521, TO AMEND THE ORGANIC ACT OF GUAM FOR THE PURPOSE OF AMENDING THE LOCAL JUDICIAL STRUCTURE OF GUAM. Wednesday, May 8, 2002 Committee on Resources The Committee met, pursuant to call, at 10:04_a.m., in room 1334, Longworth House Office Building, Hon. James Hansen (Chairman of the Committee) presiding. STATEMENT OF HON. JAMES HANSEN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF UTAH The CHAIRMAN. The Committee will come to order. Today's hearing is on two bills that address very different issues. The first is H.R. 791, which was introduced by Congressman Tim Johnson in response to the Miami Tribe's lawsuit against private landowners in Illinois. H.R. 791 seeks to extinguish all land claims in Illinois asserted by the Miami and Ottawa Tribes of Oklahoma and the Potawatomi Tribe of Kansas and provides the tribes with recourse to pursue their claims against the United States in the U.S. Court of Federal Claims. The CHAIRMAN. The second bill is H.R. 521, introduced by Congressman Underwood. This legislation attempts to amend the Organic Act of Guam to modify the internal structure of the Guam local court system. H.R. 521 has generated a great deal of controversy in Guam over whether U.S. Congress or the local Guam Government is in the best position to address the internal structure of the local courts. The CHAIRMAN. We appreciate the efforts of the witnesses in being here today and look forward to hearing from them this morning. I would like to express special thanks to Justice Carbullido and Judge Lamorena for literally traveling halfway around the world to be at this hearing. Before we begin with our first panel, I would like to mention that the administration, in lieu of presenting testimony today on H.R. 791 has submitted a letter for the record. I ask unanimous consent that following the testimony, the gentlemen from Illinois, Mr. Johnson and Mr. Shimkus, be allowed to sit on the dais and participate in the hearing. Is there objection? Hearing none, so ordered. I have a number of things to do today, and I have asked my good friend from Arizona, Mr. Hayworth, if he would take the gavel and conduct this meeting. He is also our expert on some of these areas and a very qualified individual. So with that said, Mr. Hayworth, thank you so much for being here, and thank all the witnesses. I will turn the gavel over to you, sir. [The prepared statement of Mr. Hansen follows:] Statement of The Honorable James V. Hansen, a Representative in Congress from the State of Utah Today's hearing is on two bills that address very different issues. The first is H.R. 791, which was introduced by Congressman Tim Johnson in response to the Miami Tribe's lawsuit against private landowners in Illinois. H.R. 791 seeks to extinguish all land claims in Illinois asserted by the Miami and Ottawa Tribes of Oklahoma and the Potawatomi Tribe of Kansas and provides the tribes with recourse to pursue their claims against the United States in the U.S. Court of Federal Claims. The Second bill is H.R. 521, introduced by Congressman Underwood. This legislation attempts to amend the Organic Act of Guam to modify the internal structure of the Guam local court system. H.R. 521 has generated a great deal of controversy in Guam over whether U.S. Congress or the local Guam Government is in the best position to address the internal structure of the local courts. We appreciate the efforts of the witnesses in being here today and look forward to hearing from them this morning. I would like to express special thanks to Justice Carbullido [Car-bo-lee-doe] and Judge Lamorena [La-mo-ren-a] for literally traveling half-way around the world to be at this hearing. Before we begin with our first panel I would like to mention that the Administration, in lieu of presenting testimony today on H.R. 791, has submitted a letter for the record. STATEMENT OF HON. J.D. HAYWORTH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ARIZONA Mr. HAYWORTH. [presiding] Mr. Chairman, we thank you. We will move forward to panel one, which currently includes two of our members. We also would make note that our other colleague from Illinois, Mr. Phelps, may join us, and we would certainly welcome his statements as well for the record. But the Chair would first call on our colleague from Illinois, the author of H.R. 791, the Honorable Timothy V. Johnson. Congressman Johnson, the Chair and the Committee are very happy to hear your testimony and welcome you to the Resources Committee, sir. And we would point out for the record that your statements would be put in the record in their entirety, and we thank you for your testimony today. That will be true for every witness who joins us. Thank you, sir, and welcome. STATEMENT OF THE HON. TIMOTHY V. JOHNSON, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS Mr. JOHNSON. Thank you, Mr. Chairman, for holding this important hearing regarding Indian land claims in Illinois. I also want to thank the Members of the House Resources Committee for their time and attention today. In the summer of 2000, 15 landowners in east-central Illinois received notice that the Miami Indian Tribe of Oklahoma was suing them. These 15 individuals from 15 separate counties were told that they were being sued because the Miami was claiming that some 2.6 million acres in east-central Illinois rightfully belonged to them under a treaty, the Treaty of Grouseland, signed in 1805. Illinois was granted statehood in 1818, a full 13 years after the Treaty of Grouseland was signed by the U.S. Government and the Miami Tribe. For this reason, I introduced H.R. 791. Basically, the legislation will waive sovereign immunity and says that if, in fact, there is a valid claim-and we do not make judgment on that-the claim is to be filed against the Federal Government and not against innocent landowners, 15 of whom have been specifically named; one of whom is over 100 years old and a good friend of mine in the Champaign County area, and a number of others over whom a cloud hangs on their title anytime land is transferred in this 2.6 million acre area. As I indicated, the Potawatomi and Ottawa Tribe have also made similar claims in Speaker Hastert's district, and that provision is included in this bill. There is a significant problem not only with the sword of Damocles, so to speak, hanging over the head of a number of landowners-all the landowners-in a wide, multicounty area, including part of the area that is in the current 19th District but obviously with the transference of land within that area. Whether or not there is a valid claim-and there is no question there have certainly been examples throughout history of wrongs committed on Native Americans-my constituents are innocent. This treaty was executed before Illinois was a state. They have done nothing wrong, and the whole essence of this bill is to say we want to provide justice for everyone, and we want to assure once and for all that people in 2.6 million acres do not have to live with the potential of losing their land. I believe that this is a just bill, a just approach, a shotgun approach-a rifle approach as opposed to a shotgun approach that is sometimes taken. There is counterpart legislation in the Senate. I have reason to believe that this ought to enjoy and has enjoyed widespread support, and I certainly appreciate, Mr. Chairman, yours and the other members of the Committee's consideration here, consideration of what I think is a very common sense bill. I appreciate it. [The prepared statement of Mr. Johnson follows:] Statement of The Honorable Timothy V. Johnson, a Representative in Congress from the State of Illinois Thank you Chairman Hansen, for holding this important hearing regarding Indian land claims in Illinois. I also want to thank the Members of the House Resources Committee for their time and attention today. |