Tribes oppose treaty termination bill

FROM THE ARCHIVE

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THURSDAY, MAY 9, 2002

A bill to extinguish all treaty rights in the state of Illinois drew opposition from tribal leaders and Democrats at a Congressional hearing on Wednesday.

Representatives of two tribes whose claims would be forever terminated called the measure premature and asked the House Resources Committee not to approve it. Citing an 11th-hour memorandum drafted by a Clinton administration official, they said a 1,280-acre reservation established by an 1829 treaty still exists.

"We want to buy the land back," said Gary Mitchell, vice chairman of the Prairie Band Potawatomi Nation of Kansas.

Larry Angelo, second chief of the Ottawa Tribe of Oklahoma, said the only solution was to honor the treaty or pay "millions of dollars" in compensation. "This particular bill in its present form is not beneficial or helpful," he asserted.

Chiming in were Democrat members of the panel who questioned the wisdom of the measure. "I think this Congress should be extremely reluctant to do anything that sets aside treaties," said Rep. Dale Kildee (D-Mich.), the co-chair of the Congressional Native American Caucus.

Frank Pallone (D-N.J.) charged that there was "little or not consultation" with the affected tribes. "I think it is an affront to tribal sovereignty," he said.

The measure's sponsor, Rep. Tim Johnson (R-Ill.), defended his proposal and said it was drafted "as narrowly as possible" to avoid setting a precedent nationwide. But the primary target of his bill -- the Miami Nation of Oklahoma, which last year withdrew a 2.6-million-acre claim amid controversy -- didn't provide testimony in person.

Gary Brazill, the tribe's legal counsel, was present at the hearing but instead submitted written comments for the record. That didn't stop bill co-sponsor Rep. John Shimkus (R-Ill.) from criticizing the tribe's legal tactics.

"These claims have been made for the sole purpose of establishing a casino and not for any true reparations for their tribe," he said.

No action was taken on the bill yesterday and, other than the Illinois contingent, no Republicans spoke at length on its provisions or asked questions of the tribal leaders. The exception was Native caucus co-chair Rep. J.D. Hayworth (R-Ariz.), who didn't state his views, but essentially apologized to the Ottawa Tribe for an "historic theme of racism toward American Indians" Angelo said he felt during talks with the state of Illinois.

"The message received from the Illinois representative was, 'We got rid of the damn Indians over one hundred years ago and we are not going to have them back,'" Angelo said.

Get the Bill:
To provide for the equitable settlement of certain Indian land disputes regarding land in Illinois (H.R.791)

Related Documents:
Written Testimony (5/8)

Relevant Links:
Prairie Band Potawatomi Nation - http://www.pbpindiantribe.com
The Miami Nation - http://www.miamination.com