[Congressional Record Volume 142, Number 130 (Thursday, September 19, 1996)]
[Senate]
[Pages S11053-S11054]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  INDIAN REORGANIZATION ACT AMENDMENTS

  Mr. STEVENS. Mr. President, I ask unanimous consent the Senate turn 
to immediate consideration of Calendar No. 573, H.R. 3068.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 3068) to accept the request of the Prairie 
     Island Indian Community to revoke their charter of 
     incorporation issued under the Indian Reorganization Act.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on Indian Affairs, with 
an amendment to strike all after the enacting clause and inserting in 
lieu thereof the following:

     SECTION 1. REVOCATION OF CHARTER OF INCORPORATION OF THE 
                   PRAIRIE ISLAND INDIAN COMMUNITY UNDER THE 
                   INDIAN REORGANIZATION ACT.

       (a) Acceptance of Request To Revoke Charter.--The request 
     of the Prairie Island Indian Community to surrender the 
     charter of incorporation issued to that community on July 23, 
     1937, pursuant to section 17 of the Act of June 18, 1934, 
     commonly known as the ``Indian Reorganization Act'' (48 Stat. 
     988, chapter 576; 25 U.S.C. 477) is hereby accepted.
       (b) Revocation of Charter.--The charter of incorporation 
     referred to in subsection (a) is hereby revoked.

     SEC. 2. AMENDMENT TO THE JICARILLA APACHE TRIBE WATER RIGHTS 
                   SETTLEMENT ACT.

       Section 8(e)(3) The Jicarilla Apache Tribe Water Rights 
     Settlement Act (106 Stat. 2241) is amended by striking 
     ``December 31, 1996'' and inserting ``December 31, 1998''.

     SEC. 3. AMENDMENT TO THE SAN CARLOS APACHE TRIBE WATER RIGHTS 
                   SETTLEMENT ACT OF 1992.

       Section 3711(b)(1) of the San Carlos Apache Tribe Water 
     Rights Settlement Act of 1992 (106 Stat. 4752) is amended by 
     striking ``December 31, 1996'' and inserting ``June 30, 
     1997''.

  Mr. McCAIN. Mr.President, I am pleased to rise in support of H.R. 
3068 and to urge its passage by the Senate.
  The primary purpose of this legislation is to accept the request of 
the Prairie Island Indian Community of Minnesota to revoke the Federal 
charter of incorporation issued to the Community pursuant to the Indian 
Reorganization Act of 1934.
  The Prairie Island Indian Community is organized under a Constitution 
and Bylaws adopted by the Community in 1936 pursuant to section 16 of 
the Indian Reorganization Act of 1934 (25 U.S.C. 476). Article V of the 
Prairie Island Constitution, which enumerates the powers of the 
Community's Council, includes a provision that allows the Council to 
manage economic affairs and enterprises in accordance with the terms of 
a charter which may be issued to the Community by the Secretary of the 
Interior pursuant to section 17 of the Indian Reorganization Act. In 
1937, the Secretary issued such a Federal charter to the Community.
  For 60 years, the Prairie Island Community has relied upon the 
authorities of its Constitution and Bylaws for the operation of its 
government and for the operation of its business enterprises. Article V 
of the Constitution specifically provides authority for the Community 
to regulate the conduct of trade and the use and disposal of property 
on the reservation, as well as to charter subordinate organizations for 
economic purposes and to regulate the activities of such organizations.
  The Community has come to view the 1937 charter, which hasn't been 
amended since it was issued, as outdated, cumbersome, and unnecessary 
to their efforts to operate successful business enterprises and become 
economically self-sufficient. Some charter provisions, such as one that 
precludes the Community from contracting for amounts in excess of $100 
without approval by the Secretary of the Interior, are seen as 
particularly paternalistic and inappropriate for effective management 
of tribal resources. Accordingly, the Community has requested that the 
charter be revoked.
  H.R. 3068 accepts the request of the Prairie Island Indian Community 
that its Federal charter of incorporation be revoked and declares the 
charter to be revoked. Legislation is needed because Amendment 10 of 
the charter states that the charter can be revoked only by an Act of 
Congress.
  The Committee on Indian Affairs adopted an amendment in the nature of 
a substitute to H.R. 3068 that retains the unamended text of H.R. 3068, 
as passed by the House of Representatives, and adds two new sections 
that extend the deadlines for completion of two Indian water rights 
settlements enacted by the Congress in 1992.
  The first new section extends until December 31, 1998, the deadline 
for completion of all requirements necessary to effect the Jicarilla 
Apache Tribe Water Rights Settlement Act of 1992. The availability to 
the Tribe of settlement funds and water from two Federal water projects 
in New Mexico is contingent upon dismissal of actions by the Tribe 
against the United States in Federal courts and a waiver of the Tribe's 
reserved water rights claims in general stream adjudications in state 
courts involving claims to the waters of the San Juan River and its 
tributaries and the Rio Chama and its tributaries. The 1992 Act 
requires partial final decrees agreed to by the United States, the 
Tribe, and the State of New Mexico to be entered into by December 31, 
1996. However, this deadline cannot be met, due primarily to unforseen 
delays in the necessary state court proceedings to consider the 
settlement.

[[Page S11054]]

 Accordingly, the Tribe, the State of New Mexico, and the 
Administration support an extension of the 1992 Act's deadline in order 
to preserve the benefits of the settlement to all parties.

  The second new section extends until June 30, 1997, the deadline for 
completion of all requirements necessary to effect the San Carlos 
Apache Tribe Water Rights Settlement Act of 1992. This extension is 
intended to provide the Tribe and the Phelps Dodge Corporation, and the 
Tribe and the city of Globe, Arizona, additional time to reach 
bilateral agreements that would be included as part of the overall 
Settlement Agreement that the Congress ratified in the 1992 Act. The 
relatively short time period is intended to ensure that the parties 
remain diligent in pursuing a final resolution of the issues between 
them. The Tribe, Phelps Dodge, Globe, and all other parties to the 
settlement, including the Administration, support this extension. The 
Committee recognizes that, in the event agreements are reached within 
the time provided by the amendment, an additional extension of time 
will be needed for the Arizona courts to consider the settlement in the 
context of the ongoing general stream adjudication of the waters of the 
Gila River basin.
  Mr. President, by accepting the request of the Prairie Island Indian 
Community regarding its charter, H.R. 3068 demonstrates the Congress' 
respect for tribal self-government and tribal sovereignty. The 
amendments to the bill that provide extensions of time for completing 
two complex water settlements already approved and funded by Congress 
must be enacted if we are to preserve the benefits of those settlements 
for all parties involved, including the United States.
  Mr. President, H.R. 3068 is extremely important legislation that is 
without controversy or opposition. The Congressional Budget Office 
reports that enactment of the bill will not effect direct spending nor 
create any pay-as-you-go problems. Accordingly, I strongly urge the 
Senate to pass H.R. 3068 and send it to the President.
  Mr. STEVENS. Mr. President, I ask unanimous consent the committee 
amendment be agreed to, the bill be deemed read for a third time, 
passed, the motion to reconsider be laid on the table and any 
statements relating to the bill be placed at an appropriate place in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (H.R. 3068), as amended, was deemed read for a third time 
and passed.

                          ____________________