[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
              RECOGNITION OF ALASKAN NATIVE INDIAN TRIBES

  Mr. BREAUX. Mr. President, I ask unanimous consent the Senate proceed 
to the immediate consideration of H.R. 4180, a bill related to 
recognition of Alaska native Indian native tribes just received from 
the House.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 4180) to provide for the annual publication of 
     a list of Federally recognized Indian tribes and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.


                    Amendment Nos. 2646, 2647, 2648

  Mr. BREAUX. Mr. President I send three amendments to the desk and ask 
unanimous consent they be considered en bloc, agreed to en bloc, and 
the motions to reconsider be laid upon the table en bloc; also I send a 
title amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Louisiana [Mr. Breaux], for Mr. Stevens, 
     proposes an amendment numbered 2646; for Mr. Inouye, an 
     amendment numbered 2647; and for Mr. Akaka, an amendment 
     numbered 2648, as follows:


                           amendment no. 2646

(Purpose: to authorize appropriations for interest or earnings on trust 
   funds created for the benefit of Alaska Indian, Aleuts, or Eskimo 
                                people)

       At the appropriate place in the bill, add the following new 
     section:

     SEC.  . AUTHORIZATION FOR INTEREST ON TRUST FUNDS.

       (a) In General.--There are authorized to be appropriated 
     funds necessary to pay interest or earnings on any trust fund 
     administered by the Secretary of the Interior for the benefit 
     of Alaska Indian, Aleut or Eskimo people.
       (b) Deposit in Trust Fund.--Upon appropriation, the 
     Secretary shall deposit in the appropriate trust fund such 
     interest or earnings that have or should have accumulated 
     during the period since any such trust fund was established.
       (c) Interest or Earnings.--Interest or earnings for each 
     such trust fund shall be determined in accordance with 
     section 9702 of title 31, United States Code.
       (d) Interest Accrued.--Nothing in this section shall 
     diminish any interest or earnings that have otherwise accrued 
     on any trust funds administered by the Secretary for the 
     benefit of Alaska Indian, Aleut or Eskimo people.


                           amendment no. 2647

  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')


                           amendment no. 2648

       Strike title I, and redesignate titles II and III as titles 
     I and II, respectively.



       After title II, as so redesignated, insert the following 
     new titles:
                        TITLE III--MISCELLANEOUS

     SEC. 301. EDUCATIONAL ASSISTANCE.

       Notwithstanding any deadline established under section 
     5(a)(2) of the Act of September 30, 1950 (64 Stat. 1100, 
     chapter 1124), the Secretary of Education shall accept, as if 
     timely received, applications from the Window Rock, Arizona, 
     local educational agency for funding under section 3 of such 
     Act for fiscal years 1994 and 1995.

     SEC. 302. PUEBLO DE TAOS.

       (a) Transfer.--The parcel of land described in subsection 
     (b) is hereby transferred without consideration to the 
     Secretary of the Interior to be held in trust for the Pueblo 
     de Taos. Such parcel shall be a part of the Pueblo de Taos 
     Reservation and shall be managed in accordance with section 4 
     of the Act of May 31, 1933 (48 Stat. 109, chapter 45) (as 
     amended, including as amended by Public Law 91-550 (84 Stat. 
     1437)).
       (b) Land Description.--The parcel of land referred to in 
     subsection (a) is the land that is generally depicted on the 
     map entitled ``Lands transferred to the Pueblo of Taos--
     proposed'' and dated September 1994. Such land comprises 
     764.33 acres, and is situated within sections 25, 26, 35, and 
     36, Township 27 North, Range 14 East, New Mexico Principal 
     Meridian, within the Wheeler Peak Wilderness, Carson National 
     Forest, Taos County, New Mexico.
       (c) Conforming Boundary Adjustments.--The boundaries of the 
     Carson National Forest and the Wheeler Peak Wilderness are 
     hereby adjusted to reflect the transfer made by subsection 
     (a).
       (d) Completion of Transfer.--The Congress finds and 
     declares that the lands described in subsection (b), which 
     the United States shall hold in trust as part of the Pueblo 
     de Taos Reservation pursuant to this section, complete the 
     transfer effected by section 4 of the Act of May 31, 1933 (48 
     Stat. 109, chapter 45) (as amended, including as amended by 
     Public Law 91-550 (84 Stat. 1437)).

  Mr. DOMENICI. Mr. President, Section 402 of H.R. 4180 is essentially 
a substitute for S. 1509 which I am offering with my colleagues, Mr. 
Bingaman and Mr. Dole. It will transfer 764 acres now locate in the 
Wheeler Peak Wilderness of the Carson National Forest to the Taos 
Pueblo, both in northern New Mexico.
  The history of this area is fascinating and involves the only living 
culture in the United States to be recognized by the United Nations as 
a World Heritage Site. The United States of America can be very proud 
of the Taos Pueblo Indians who live in the Rocky Mountains of New 
Mexico. I know New Mexicans are proud of the Taos Pueblo for this most 
unique international honor in our Land of Enchantment.
  Designation as a World Heritage Site is an honor we share with the 
Grand Canyon, Yosemite, the Statute of Liberty, and Independence Hall, 
to name several such sites in the United States. The Taos Pueblo, 
however, is the only living culture to be so honored in the Western 
Hemisphere.
  A well-known cultural and religious attribute of this World Heritage 
Site at Taos Pueblo is the Blue Lake and its special spiritual 
significance to the Taos Pueblo and other New Mexico Indians. Blue Lake 
is nestled high in the Sangre de Cristo Mountains east of the Pueblo. 
The sacred ceremonies of the Taos Pueblo people at this site predate 
the signing of the Magna Carta.
  The Bottleneck area is an integral part of Blue Lake and continues to 
be used by Taos Pueblo for religious pilgrimages. The sacred ``Path of 
Life Trail,'' connecting the Pueblo with Blue Lake, runs through the 
Bottleneck. The Blue Lake Wilderness includes Blue Lake, Star Lake, and 
Bear Lake. Headwaters to Rio Pueblo de Taos and the Rio Lucero are also 
in this sacred area. There is no doubt that he Blue Lake Wilderness, 
designated a wilderness area in the 1970 law, has been a vital source 
of livelihood and spiritual strength for the Taos Pueblo for over 1,000 
years.
  The bill pending before the Senate today is intended to complete the 
full transfer of the Blue Lake territory to the Taos Pueblo. The Path 
of Life Trail in the Bottleneck Tract will be returned to its rightful 
owners.
  Most of the Blue Lake area transfer took place in 1970, when Public 
Law 91-550 was signed by President Richard M. Nixon. At the same time 
48,000 of the 50,000 acres of Blue Lake Wilderness were returned to the 
Taos Pueblo. The entire 50,000 acre area known as the Blue Lake was 
acknowledged by the Indian Claims Commission in 1965 to be Taos Pueblo 
land. The creation of the Blue Lake Wilderness in 1970 by the Congress 
transferred 48,000 acres of the 50,000 acres back to back to Taos 
Pueblo to be held in trust by the United States for the Pueblo.
  In 1979, the Federal District Court in Washington, DC, added 1,235 
acres to the trust lands of Taos Pueblo in the Tract C transfer, 
leaving only the so-called Bottleneck Tract from the original 50,000 
acre claim. Our legislation completes the Blue Lake transfer.
  Drafted as an amendment to the Blue Lake Wilderness Act, our bill 
requires that the Bottleneck also be maintained as wilderness. The Taos 
Pueblo has an excellent record of maintaining the Blue Lake Wilderness. 
We have every confidence that adding the Bottleneck to the Blue Lake 
Wilderness will increase the enthusiasm of the Pueblo for continuing 
its excellent stewardship of the Blue Lake Wilderness.
  The Wilderness Society, Audubon Society, Sierra Club, and the 
National Wildlife Federation support the return of the Bottleneck to 
Taos Pueblo.
  Under the terms of this legislation, Taos Pueblo will hold the 
responsibility and right to manage and control the entire Blue Lake 
Territory. The Bottleneck Tract is currently a part of the Wheeler Peak 
Wilderness Area in the Carson National Forest, New Mexico, and is 
managed by the Forest Service. Taos Pueblo lands surround the 
Bottleneck on three sides (east, south, and west). Unfortunately, 
public access to this Bottleneck tract too often leads to unwelcome 
intrusions during Indian ceremonials into the surrounding Indian lands 
of the Blue Lake Wilderness Area.
  The Bottleneck Tract, as managed by the Forest Service today, is 
essentially managed today as a scenic overlook. Taos Pueblo leaders are 
issued permits and the Forest Service closes the area for their 
pilgrimages. There are no public camping, fishing, or other 
recreational uses permitted, except hiking.
  It is the intention of Taos Pueblo, under the terms of this bill, to 
continue to use these lands for traditional purposes only. These uses 
include religious and ceremonial pilgrimages, hunting and fishing, a 
source of water, forage for their domestic livestock, timber, and other 
natural resources for their personal use. These uses are all subject to 
such regulations for conservation purposes as the Secretary of the 
Interior may prescribe as managed by the Taos Pueblo under the terms of 
the Blue Lake wilderness legislation.
  There is no intention in our legislation to change any water rights 
associated with the Blue Lake area or the Taos Pueblo. I have 
personally discussed this issue with the Taos tribal leaders who have 
assured me that the return of the Bottleneck will not alter their 
claims to water in the Taos Valley. There will be no adverse impact on 
downstream water users in the Taos Valley as a result of passage of 
this legislation. In fact, I remain optimistic about the on-going water 
negotiations in the Taos Valley and look forward to working with all 
parties to ratify a negotiated settlement in the Congress.
  It is our intention that the lands shall remain forever wild and 
maintained as a wilderness.
  Virtually identical legislation has been passed by the House on 
October 3, 1994, as Title VII of H.R. 4746, Gates of the Arctic 
National Park, and for other purposes. It is our hope that the Senate 
will pass this bill, return it to the House for final action, and then 
forward it to the President for signature.
  We urge our colleagues to support our substitute bill for S. 1509, to 
transfer the last parcel of the Blue Lake Wilderness to the Taos Pueblo 
Indians of New Mexico.
  The PRESIDING OFFICER. If there be no further debate, the question is 
on agreeing to the amendments.
  The amendments (Nos. 2646, 2647, 2648) were agreed to en bloc.
  Mr. BREAUX. Mr. President, I move to reconsider the vote.
  Mr. SIMPSON. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. Without objection the bill is read for a third 
time and passed.
  The amendment to the title is agreed to.
  The bill (H.R. 4180) was ordered to a third reading, was read the 
third time, and passed.
  The title was amended so as to read:

       A bill to clarify the status of the Tlingit and Haida, and 
     for other purposes.

     

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