[Congressional Record Volume 141, Number 20 (Wednesday, February 1, 1995)]
[House]
[Pages H1015-H1016]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  PROVIDING FOR CONSIDERATION OF H.R. 101, TAOS PUEBLO INDIANS OF NEW 
                          MEXICO LAND TRANSFER

  Mrs. WALDHOLTZ. Mr. Speaker, by direction of the Committee on Rules, 
I call up House Resolution 51 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                               H. Res. 51

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 1(b) of rule 
     XXIII, declare the House resolved into the Committee of the 
     Whole House on the State of the Union for consideration of 
     the bill (H.R. 101) to transfer a parcel of land to the Taos 
     Pueblo Indians of New Mexico. The first reading of the bill 
     shall be dispensed with. General debate shall be confined to 
     the bill and shall not exceed one hour equally divided and 
     controlled by the chairman and ranking minority member of the 
     Committee on Resources. After general debate the bill shall 
     be considered for amendment under the five-minute rule. Each 
     section shall be considered as read. At the conclusion of 
     consideration of the bill for amendment the Committee shall 
     rise and report the bill to the House with such amendments as 
     may have been adopted. The previous question shall be 
     considered as ordered on the bill and amendments thereto to 
     final passage without intervening motion except one motion to 
     recommit.


     modification of house resolution 51 offered by mrs. waldholtz

  Mrs. WALDHOLTZ. Mr. Speaker, I ask unanimous consent that the 
resolution be modified by the amendment I have placed at the desk. This 
amendment accords the customary treatment to the committee amendment in 
the nature of a substitute which was intended but inadvertently omitted 
from the resolution from the committee.
  The Clerk read as follows:

       Modification of House Resolution 51 offered by Mrs. 
     Waldholtz:
       On page 2, beginning on line 5, strike ``Each section shall 
     be considered as read.'' and insert the following: ``It shall 
     be in order to consider as an original bill for the purpose 
     of amendment under the five-minute rule the amendment in the 
     nature of a substitute recommended by the Committee on 
     Resources now printed in the bill. The committee amendment in 
     the nature of a substitute shall be considered as read.''.
       On page 2, line 9, insert before the last sentence of the 
     resolution the following new sentence: ``Any Member may 
     demand a separate vote in the House on any amendment adopted 
     in the Committee of the Whole to the bill or to the committee 
     amendment in the nature of a substitute.''.
       On page 2, line 12, insert before the period at the end of 
     the last sentence of the resolution the following: ``with or 
     without instructions''.

  The SPEAKER. Is there objection to the request of the gentlewoman 
from Utah?
  Mr. FROST. Mr. Speaker, reserving the right to object, it is not my 
intention to object, but I would ask the gentlewoman from Utah as to 
what occurred in this instance. Why is the majority coming forward at 
this point and asking that the rule be amended?
  Mrs. WALDHOLTZ. Mr. Speaker, will the gentleman yield?
  Mr. FROST. I yield to the gentlewoman from Utah.
  Mrs. WALDHOLTZ. Mr. Speaker, this is to correct a technical error. 
The language the Clerk just read as the body of this amendment was 
intended to be included. It was not, by inadvertence. We understand 
there is no objection from the minority. We want to reflect how the 
committee wanted this to be considered.
  Mr. FROST. Mr. Speaker, further reserving the right to object, do I 
gather this was something that occurred within the Committee on Rules? 
It was not something that occurred within the committee that originated 
the bill, but in the production of the rule inside the Committee on 
Rules?
  Mrs. WALDHOLTZ. That is correct.
  Mr. FROST. And it was by inadvertence on the part of the staff. We 
understand there has been some changeover in the staff and some of 
these things will happen as we all get up to speed.
  Mrs. WALDHOLTZ. This was done solely by inadvertence. Our attempt is 
to reflect accurately the actions of the committee as we consider how 
this rule should be considered.
  Mr. FROST. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Utah?
  There was no objection.
  The text of House Resolution 51, as modified, is as follows:

                               H. Res. 51

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 1(b) of rule 
     XXIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for consideration of 
     the bill (H.R. 101) to transfer a parcel of land to the Taos 
     Pueblo Indians of New Mexico. The first reading of the bill 
     shall be dispensed with. General debate shall be confined to 
     the bill and shall not exceed one hour equally divided and 
     controlled by the chairman and ranking minority member of the 
     Committee on Resources. After general debate the bill shall 
     be considered for amendment under the five-minute rule. It 
     shall be in order to consider as an original bill for the 
     purpose of amendment under the five-minute rule the amendment 
     in the nature of a substitute recommended by the Committee on 
     Resources now printed in the bill. The committee amendment in 
     the nature of a substitute shall be considered as read. At 
     the conclusion of consideration of the bill for amendment the 
     Committee shall rise and report the bill to the House with 
     such amendments as may have been adopted. Any Member may 
     demand a separate vote in the House on any amendment adopted 
     in the Committee of the Whole to the bill or to the committee 
     amendment in the nature of a substitute. The previous 
     question shall be considered as ordered on the bill and 
     amendments thereto to final passage without intervening 
     motion except one motion to recommit, with or without 
     instructions.

  The SPEAKER pro tempore. The gentlewoman from Utah [Mrs. Waldholtz] 
is recognized for 1 hour.
  Mrs. WALDHOLTZ. Mr. Speaker, for purposes of debate only, I yield the 
customary 30 minutes to the gentleman from Texas [Mr. Frost], pending 
which I yield myself such time as I may consume. During consideration 
of this resolution, all time yielded is for the purpose of debate only.
  Mr. Speaker, House Resolution 51 is the rule providing for the 
consideration of H.R. 101, a bill to transfer a parcel of land to the 
Taos Pueblo Indians of New Mexico.
  This is an open rule. It provides for 1 hour of general debate to be 
equally divided and controlled by the chairman and ranking minority 
member of the Committee on Resources. After general debate the bill 
will be considered for amendment under the 5-minute rule. Finally, the 
rule provides for one motion to recommit.
  This rule provides, once again, for fair, open debate.
  There has been some concern among some House Members as to why these 
bills are not simply brought up under suspension of the rules. As the 
chairman of the Committee on Rules, Mr. Solomon, has pointed out, our 
leadership is committed to bring fewer bills under suspension of the 
rules since that procedure does not allow for amendments.
  Reflecting our commitment to an open, fair process, our leadership 
has made it more procedurally difficult for a committee chairman to 
request that a bill be considered under suspension. It's simply easier 
for them to ask for an open rule.
  [[Page H1016]] The chairman of the Resources Committee asked for an 
open rule on this bill. We agree with that request.
  Some of our colleagues may claim that this rule is simply a ploy by 
the majority to increase the number of open rules, but that is simply 
not the case.
  The Members of this House, and more importantly the American people, 
deserve full and open debate on important legislation such as this.
  This bill resolves a long-standing dispute over lands that are used 
for religious purposes by the Taos Pueblo Tribe.
  Mr. Speaker, H.R. 101 transfers approximately 764 acres of Forest 
Service land within the Wheeler Peak Wilderness in New Mexico to the 
Department of Interior to be held in trust for the Taos Pueblo Indians 
as part of the Pueblo de Taos Reservation.

                              {time}  1650

  It returns to the tribe land known as the Bottleneck Tract, which 
contains the Path of Life Trail, considered sacred to the tribe. And 
the tribe has agreed to continue to manage this land as wilderness.
  Maybe this bill may not seem important to those living in other parts 
of the country, but it is important to people living in my part of the 
country, the Western United States, and it is particularly important to 
the Taos Pueblo Tribe and the people of New Mexico. But it is also 
important, Mr. Speaker, to every American. Because this bill will 
remove barriers imposed by the Federal Government to the free exercise 
of religion by a religious minority.
  The principles embodied in this bill deserve the respect of this 
House to openly debate and consider this legislation.
  Action under suspension of the rules requires the cooperation of all 
Members in order to responsibly and timely pass the legislation. 
Unfortunately, that cooperation has so far not been a particular 
hallmark of the 104th Congress, and the best way to protect this 
important legislation, while keeping our
 commitment to an open and fair process, is to bring this legislation 
to the floor under an open rule.

  I urge my colleagues to adopt this rule and to support the underlying 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, House Resolution 51 is indeed an open rule providing for 
the consideration of H.R. 101, a bill to transfer a parcel of land to 
the Taos Pueblo Indians in New Mexico. However, Mr. Speaker, I would 
like to reiterate some questions raised during the consideration of the 
previous two rules today.
  Given the fact that there is absolutely no controversy surrounding 
this legislation and the fact that it was reported from the Committee 
on Resources by voice vote, I do have to ask why H.R. 101 is not being 
considered on the suspension calendar or under unanimous consent.
  Mr. Speaker, yesterday at the meeting of the Committee on Rules, our 
distinguished chairman stated that it is the policy of the Republican 
conference to limit the number of bills brought to the House on the 
suspension calendar, as was mentioned earlier today. The reason, he 
said, was simply because the consideration of bills on suspension 
prohibits the offering of amendments.
  However, I must point out for the new Members of the House that 
ordinarily bills considered under suspension have been those that have 
been thoroughly vetted through the committee process. In past 
Congresses, it has been common practice to thoroughly examine and 
deliberate issues in committee and, in so doing, it has been found that 
often all disputed issues can be resolved, thus eliminating the need 
for lengthy debate and numerous amendments by the full House.
  Mr. Speaker, the chairman of the Committee on Resources told the 
Committee on Rules yesterday that there is a large backlog of bills 
pending before his committee. Mr. Speaker, I share his desire to move 
these bills and would urge him and the Committee on Rules to consider 
using the suspension calendar to move noncontroversial legislation in 
the future. And I would observe also that, if I understand the 
procedures here today, that in fact any germane amendment will be in 
order when this bill comes up, that this is in fact an open rule, and 
that any germane amendment can be brought before the House.
  Mr. Speaker, I yield back the balance of my time.
  Mrs. WALDHOLTZ. Mr. Speaker, I yield 2 minutes to the gentleman from 
Arizona [Mr. Hayworth].
  Mr. HAYWORTH. Mr. Speaker, I thank the gentlewoman from Utah for 
yielding time to me. It is a distinct honor to come to the Congress 
with the gentlewoman and other like-minded reformers of this 
institution.
  Mr. Speaker, I rise in strong support of this resolution, and I see 
my good friend from New Mexico, who authored this piece, because quite 
correctly of the concern of his constituents. And certainly while there 
are some matters of contention within the Committee on Resources, this 
is not one of them. I think it is exemplary that the gentleman from New 
Mexico brings forth this legislation, and I certainly rise to champion 
his cause and those of his constituents and look forward to some 
reciprocation down the line with other bills of regional interest that 
we may share.
  I also look forward to full and open discussion in this House, in 
this people's House, on matters where perhaps we do not see eye to eye, 
for that is the purpose of this institution, to debate the questions of 
the day. And when we have common agreement, we should champion those 
moments as well. This is one such occasion, and I appreciate the 
opportunity to stand in strong support of this piece of legislation.
  Mrs. WALDHOLTZ. Mr. Speaker, I yield myself such time as I may 
consume.
  Let me close simply by saying that it has been often expressed by 
members of this committee and it is our deeply held belief that 
wherever possible we need to have open rules to allow for free, honest 
debate of important issues that come before this body. The rule for 
this particular piece of legislation is no different. It provides for 
open debate. And I believe, Mr. Speaker, that that is what the people 
of our country expect from this House, to provide for the opportunity 
for a free exchange of ideas while still moving the business of the 
people forward. I think this rule will do just that, and I urge its 
adoption.
  Mr. Speaker, I yield back the balance of my time, and I move the 
previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.
  

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