CHEROKEE, CHOCTAW, AND CHICKASAW NATIONS OF OKLAHOMA CLAIMS ACT OF 1992 WEDNESDAY, APRIL 1, 1992 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON ADMINISTRATIVE LAW AND GOVERNMENTAL RELATIONS, Washington, DC. The subcommittee met, pursuant to other business, at 12:12 a.m., in room 2359, Rayburn House Office Building, Hon. Barney Frank (chairman of the subcommittee) presiding. Present: Representatives Barney Frank, Romano L. Mazzoli, Jack Reed, George W. Gekas, and Steven Schiff. Also present: Representatives Howard L. Berman and Mike Synar. Staff present: David A. Naimon, assistant counsel; Roy Dye, legislative specialist; Cynthia Blackston, chief clerk; and Raymond V. Smietanka, minority counsel. Mr. FRANK. We will now call up the hearing on the bill sponsored by Mr. Synar, H.R. 4209. [The bill, H.R. 4209, follows:] (1) I 102D CONGRESS 2D SESSION H. R. 4209 To amend the Act entitled "An Act conferring jurisdiction on certain courts of the United States to hear and render judgment in connection with certain claims of the Cherokee Nation of Oklahoma", approved December 23, 1982. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 7, 1992 Mr. SYNAR (for himself, Mr. BREWSTER, Mr. EDWARDS of Oklahoma, Mr. ENGLISH, Mr. INHOFE, and Mr. MCCURDY) introduced the following bill; which was referred jointly to the Committees on Interior and Insular Affairs and the Judiciary A BILL To amend the Act entitled "An Act conferring jurisdiction on certain courts of the United States to hear and render judgment in connection with certain claims of the Cherokee Nation of Oklahoma", approved December 23, 1982. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Cherokee, Choctaw, 5 and Chickasaw Nations of Oklahoma Claims Act of 6 1992". 2 1 SEC. 2. AUTHORIZATION. 2 The Act entitled "An Act conferring jurisdiction on 3 certain courts of the United States to hear and render 4 judgment in connection with certain claims of the Chero5 kee Nation of Oklahoma", approved December 23, 1982, 6 (Public Law 97-385) is amended (1) in subsection (a) (A) by striking "and" the second place it appears; (B) by striking "jurisdiction is hereby conferred" through "Arkansas River Navigation System", and inserting in lieu thereof the following: "the navigational easement of the United States, and the decisions in United States against Cherokee Nation of Oklahoma, 480 U.S. 700 (1987), and Cherokee Nation of Okla homa against United States, 937 F2d 1539 (10th Cir. 1991), the Secretary of the Treasury shall pay, out of money in the Treasury not otherwise appropriated, to the Choctaw, Chickasaw, and Cherokee Nations, respectively, such sums as shall be determined in valuation proceedings brought in the United States Claims Court or the United States District Court for the Eastern District of Oklahoma for damages resulting from the use and occupation by the •HR 4209 IH 3 United States of that portion of the bed and banks of the Arkansas River owned by each such respective Nation pursuant to treaties with the United States as confirmed by the decision in Choctaw Nation against Oklahoma, 397 U.S. 620 (1970)"; (C) by striking "Cherokee domain" and inserting in lieu thereof the following: "each such Nation's respective domain"; (D) by striking "consent of said Cherokee Nation" and inserting in lieu thereof the following: "consent of such Nation"; (E) by striking "and also on any claim which the Cherokee Nation of Oklahoma" and inserting in lieu thereof the following: "and also on any claim which each such Nation"; (F) by striking "Cherokee Nation tribal lands" and inserting in lieu thereof the fol lowing: "such Nation's tribal lands"; (G) by striking "said Cherokee Nation of Oklahoma therefor" and inserting in lieu there of the following: "such Nation therefor"; (H) by striking "being held by said Cherokee Nation" and inserting in lieu thereof the following: "being held by such Nation"; •HR 4209 IH |