[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[Congressional Record: October 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
CONCURRING IN SENATE AMENDMENT TO H.R. 734, EXTENDING FEDERAL BENEFITS, 
      SERVICES, AND ASSISTANCE TO PASCUA YAQUI INDIANS OF ARIZONA

  Mr. RICHARDSON. Mr. Speaker, I move to suspend the rules and concur 
in the Senate amendment to the bill (H.R. 734) to amend the act 
entitled ``An act to provide for the extension of certain Federal 
benefits, services, and assistance to the Pascua Yaqui Indians of 
Arizona, and for other purposes.
  The Clerk read as follows:

       Senate amendment: Page 3, after line 2, insert:

     SEC. 2. STUDY.

       The Act entitled ``An act to provide for the extension of 
     certain Federal benefits, services, and assistance to the 
     Pascua Yaqui Indians of Arizona, and for other purposes'' (25 
     U.S.C. 1300f et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 4. STUDY.

       ``(a) In General.--The Secretary of the Interior shall 
     conduct one or more studies to determine--
       ``(1) whether the lands held in trust on the date of 
     enactment of this section by the United States for the Pascua 
     Yaqui Tribe are adequate for the needs of the tribe for the 
     foreseeable future;
       ``(2) if such lands are not adequate--
       ``(A) whether suitable additional lands are available for 
     acquisition by exchange or purchase; and
       ``(B) the cost and location of the suitable additional 
     lands;
       ``(3) whether the Pascua Yaqui Tribe has sufficient water 
     rights and allocations to meet the needs of the tribe for the 
     foreseeable future;
       ``(4) if such water rights and allocations are not 
     adequate--
       ``(A) whether additional water can be acquired: and
       ``(B) the potential sources and associated costs of such 
     additional water;
       ``(5) whether the Bureau of Indian Affairs and the Indian 
     Health Service have limited funding to the Pascua Yaqui Tribe 
     based on a determination of the tribal enrollment in 1978, 
     rather than the current enrollment;
       ``(6) if funding has been based on 1978 enrollment, how the 
     funding levels can be adjusted to ensure that the Pascua 
     Yaqui Tribe receives a fair and equitable portion of Bureau 
     of Indian Affairs and Indian Health Service funding;
       ``(7) the genealogy of the Pascua Yaqui Tribe; and
       ``(8) the economic development opportunities available to 
     the tribe as a result of the North American Free Trade 
     Agreement.
       ``(b) Tribal Participation.--The Secretary shall provide 
     for the participation of members of the Pascua Yaqui tribe to 
     carry out subsection (a).
       ``(c) Report.--Not later than 2 years after the date on 
     which funds are made available to carry out this section, the 
     Secretary of the Interior shall submit a report to Congress 
     that contains the results of each study conducted pursuant to 
     subsection (a).
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Mexico [Mr. Richardson] will be recognized for 20 minutes, and the 
gentleman from Wyoming [Mr. Thomas] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from New Mexico [Mr. Richardson].


                             general leave

  Mr. RICHARDSON. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks on 
the Senate amendment to H.R. 734 presently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Mexico?
  There was no objection.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, in Public Law 103-263 the Congress clarified that the 
Department of Interior is not to make distinctions among tribes. 
Specifically, the Department is not to categorize certain tribes as 
``historic'' and others as ``created.''
  This issue was brought to the committee's attention by the Pascua 
Yaqui Tribe in Arizona. Today, we pass a bill for the Pascua Yaqui 
which reaffirms their specific status as a historic tribe and extends 
their enrollment date for membership. In addition we are concurring in 
a Senate amendment which provides that the Secretary is to conduct 
studies of the tribe's land base, water rights, and service delivery, 
as well as, the tribe's economic development opportunities as a result 
of NAFTA.
  Mr. Speaker, we agree with the Senate amendment and urge our 
colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMAS of Wyoming. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 734, a bill to clarify the 
status of the Pascua Yaqui Indians of Arizona.
  We discussed this issue in detail when the House passed H.R. 734 last 
year, and the gentleman from New Mexico [Mr. Richardson] has adequately 
explained the provisions of the bill, so I will be brief.
  I disagree with the opinion of the BIA solicitor, and with the BIA's 
convoluted created versus historic dichotomy, which underlie this case 
and which we effectively overturned when S. 1654 was enacted into law 
in May of this year.
  Given the plenary authority of Congress over all facets of Indian 
affairs, it seems to me that on those rare occasions when we 
legislatively recognize a tribe--as we did with the Pascua Yaqui--we 
mean that acknowledgement to be full recognition unless we explicitly 
provide otherwise. I hope that the Solicitor's Office at the BIA will 
keep that in mind in the future.
  Mr. Speaker, I have no requests for time, and I yield back the 
remainder of my time.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, once again this issue is one that allows us to do the 
right thing in several instances.
  First, it allows us to correct the distinction amongst tribes. The 
Department of the Interior should not categorize certain tribes as 
historic and others as created. What we are doing here is righting a 
wrong that was caused to the Pascua Yaqui Tribe in Arizona.
  The gentleman from Arizona [Mr. Pastor] was the initial member of the 
delegation who brought this to our attention, and it was supported by 
the gentlewoman from Arizona [Ms. English] of our subcommittee and the 
minority members both from the House and Senate.

                              {time}  1340

  So what we are doing today is passing a bill for the Pascua Yaqui 
which basically reaffirms their basic status as native Americans, as a 
historic tribe, and what it also does is extends their enrollment date 
for membership. We are also concurring basically in a constructive 
suggestion by the other body, by the Senate, which provides that the 
Secretary is to conduct studies of the tribe's land base, water rights, 
and service delivery as well as the tribe's economic development 
opportunities as a result of the North American Free Trade Agreement.
  Mr. Speaker, the State of Arizona has probably been one of the most 
active beneficiaries of the North American Free Trade Agreement. Their 
trade has expanded enormously because of NAFTA, and it has to be 
extremely clear that the Native Americans of Arizona also partake in 
this outstanding benefit. This is why I think individuals like the 
gentleman from Arizona [Mr. Pastor] and the gentleman from Arizona [Mr. 
Kolbe], who, of course, was enormously active in this Pascua Yaqui 
issue, were pushing this legislation; Senator McCain and Senator 
DeConcini also were active in ensuring that this Senate amendment 
improved the bill.
  Mr. Speaker, I yield 4 minutes to the gentleman from Arizona [Mr. 
Pastor].
  Mr. PASTOR. Mr. Speaker, I want to first thank the distinguished 
chairman of the subcommittee on Native American Affairs for his efforts 
on behalf of this bill and his tireless support for Native American 
peoples throughout this Nation. My gratitude also extends to the 
ranking member, Mr. Thomas, for his longtime support of this measure 
and other issues of importance to the American Indian peoples.
  An eloquent and compelling case has already been made on behalf of 
this bill when the House passed the measure by voice vote on August 1 
of this year. The Senate amendments to the bill merely call for the 
Secretary of the Interior to conduct a number of important studies to 
determine the land, water, and health needs of the Pascua Yaqui Tribe. 
In addition, the amendments call for studies on this historic tribe's 
genealogy and the potential for economic development on the tribal 
reservation as a result of the passage of the North American Free Trade 
Agreement.
  Mr. Speaker, the powers of self-governance which Indian Tribes 
exercise is derived from their inherent sovereignty and not from a 
bureaucratic decree or delegation of authority from the Federal 
Government. Congress has recognized the Pascua Yaqui Tribe thereby 
acknowledging this inherent sovereignty. It is unfortunate that we must 
spend time and energy to further clarify what should have been readily 
apparent--tribal recognition is an acknowledgement of the intrinsic 
sovereignty of a people and affords such people the full powers of 
self-governance under the law.
  I will not take up any more of the Chamber's time other than to urge 
my colleagues to help right a wrong and establish the Pascua Yaqui 
Tribe as an historic tribe. With this vote, the years of injustice to 
which the Pascua Yaqui people have been subjected will finally come to 
an end.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the gentleman from Arizona [Mr. Pastor] needs to be 
thoroughly commended for this legislation which he brought to the 
attention of our subcommittee. He spearheaded this effort, and now he 
sees justice being rendered, and, Mr. Speaker, our hats are off to him 
and again to the gentleman from Wyoming, who has been enormously 
helpful on all of our native American bills.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Mexico [Mr. Richardson] that the House suspend the 
rules and concur in the Senate amendment to the bill, H.R. 734.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

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