[Congressional Record Volume 142, Number 135 (Thursday, September 26, 1996)]
[House]
[Pages H11262-H11263]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PRAIRIE ISLAND INDIAN COMMUNITY CHARTER REVOCATION
Mr. SAXTON. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to the 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 Clerk read as follows:
Senate Amendment: Strike out all after the enacting clause
and insert:
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 Chapter.--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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey [Mr. Saxton] and the gentleman from American Samoa [Mr.
Faleomavaega] each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey [Mr. Saxton].
Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
(Mr. SAXTON asked and was given permission to revise and extend his
remarks.)
[[Page H11263]]
Mr. SAXTON. Mr. Speaker, H.R. 3068 was passed by the House on May 16,
amended by the other body on September 19, and sent back to us for
further action.
The amendment added by the other body consists of section 2 and
section 3.
Section 2 would amend the Jicarilla Apache Tribe Water Rights
Settlement Act by extending, for 2 years, the time during which the
tribe, the State of New Mexico, and other parties to the suit must work
out various details to this water settlement and have those details
included in a court decree adjudicating the water rights in question.
Section 2 of H.R. 3068 is important, is fair, and should be supported
by the House.
Section 3, added by amendment by the other body, would amend the San
Carlos Apache Tribe Water Rights Settlement Act of 1992 by extending to
June 30, 1997, the date for the parties to this settlement to reach
agreement on certain matters which are part of that settlement.
This amendment to H.R. 3068 is important, is fair, and should be
supported by the House.
In summary, Mr. Speaker, I urge my colleagues to vote ``yes'' on H.R.
3068, as amended by the other body.
{time} 1345
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from New Mexico [Mr. Richardson].
(Mr. RICHARDSON asked and was given permission to revise and extend
his remarks.)
Mr. RICHARDSON. Mr. Speaker, I thank the gentleman for yielding me
time, and commend the subcommittee for this good piece of legislation,
which has, in my judgment, been made more important by the addition of
the Jicarilla Water Rights Settlement Act, because this is a provision
that affects one of the tribes in my congressional district.
The Senate Indian Affairs Committee added this provision extending
the water rights settlement of the Jicarilla by 2 years. So what we
have is an ability for the tribe now to have access to water and water
settlement funds under the act, and with this provision. This is
contingent upon dismissal of actions by the tribe against the U.S.
Government and a waiver of the tribe's reserve water rights claims in
State courts with respect to the Rio Chama and San Juan Rivers.
This bill also requires the U.S. Government and the State of New
Mexico to enter into partial final decrees by December 31, 1996. State
court proceedings have been delayed, however, and all parties, that is,
the tribe, the U.S. Government and the State, requested a 2-year
extension to finalize the settlement.
This has been an important settlement. It needs to be settled. More
time is needed. Hopefully these 2 years will avoid litigation in the
future, for the Jicarilla's water rights are critically important. For
the State of New Mexico this is a paramount issue, and for the Federal
Government, we are getting a good bang for the buck. So this is a good
bill, and it has been enhanced, in my judgment, by this Senate
amendment, which extends the Jicarilla Water Rights Act by 2 years.
Mr. SAXTON. Mr. Speaker, I yield such time as he may consume to the
gentleman from Rochester, MN [Mr. Gutknecht].
Mr. GUTKNECHT. Mr. Speaker, I thank the gentleman from New Jersey for
yielding me time.
Mr. Speaker, today, I am pleased that the House is giving final
consideration to a H.R. 3068, a bill to repeal the corporate charter of
the Prairie Island Dakota Community in Minnesota. The Senate added two
noncontroversal amendments to this bill which extend the deadline to
complete water rights settlements for tribes in New Mexico and Arizona.
The Prairie Island Tribe contacted me last June requesting revocation
of their 1934 charter. By law, revoking this 62-year-old document can
only be done by an act of Congress.
In its entire tribal government history, Prairie Island has never
used its corporate charter in the management of its enterprises.
H.R. 3068 passed the House and Senate by voice vote. The bill
acknowledges that the people of Prairie Island know best how to handle
their business activities. It is another example of this Congress
sending control back to local communities, and I am proud to be part of
that process.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I, too, support this bill and urge its
passage. We revisit this bill a second time because of two
noncontroversial Senate amendments to our original bill which passed
this House under suspension of rules on May 22 of this year.
This bill takes the long overdue step of revoking the Prairie Island
Indian community of Minnesota's Federal charter of incorporation issued
under the archaic Indian Reorganization Act [IRA] in 1937. We take this
step because only Congress can revoke this charter. Congress created
the IRA in an attempt to remake tribal governments by giving them
boilerplate constitutions and bylaws including provisions allowing
tribal councils to conduct business enterprises pursuant to charters
issued under section 17 of the IRA. The tribe received its charter in
1937. The charter has proven to be more of a hindrance than a help. For
instance, the charter prevents the tribe from entering into contracts
of more than $100 without secretarial approval. Basically, the charter
is outmoded, burdensome, and more a vestige of 1930's paternalism than
the current Federal policy of self-determination. Thus, the tribe has
asked us to revoke their charter and we do so today.
The Senate Indian Affairs Committee added a provision extending the
Jicarilla Water Rights Settlement Act of 1992 by 2 years. The tribe's
access to water and settlement funds under the act are contingent upon
dismissal of actions by the tribe against the United States and a
waiver of the tribe's reserved water rights claims in State courts with
respect to the Rio Chama and San Juan Rivers. The act also requires the
United States and New Mexico to enter into partial final decrees by
December 31, 1996. State court proceedings have been delayed, however,
and all parties--the tribe, the United States and the State--request a
2-year extension to finalize the settlement.
The Senate Indian Affairs Committee also added a provision extending
the San Carlos Apache Water Rights Settlement Act of 1992 by 6 months.
The 1992 act imposed a deadline of December 31, 1995, for completion of
agreements between the tribe and other parties. Because the tribe, the
city of Globe, AZ, and the Phelps Dodge Corp. had not reached an
agreement by the deadline, Congress extended the settlement deadline by
1 year, to December 31, 1996, earlier this session--Pub. Law 104-91
(H.R. 1358). Unfortunately, the parties have still not reached an
agreement and have asked for an additional extension of 6 months, until
June 30, 1997. The administration supports this request.
These amendments have our support and will assist these tribes in
furthering their own economic self-dependence and help settle
longstanding water disputes. Again, I urge my colleagues to support
these measures.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. SAXTON. 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 Jersey [Mr. Saxton] that the House suspend the rules
and concur in the Senate amendment to the bill, H.R. 3068.
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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