[Congressional Record Volume 143, Number 117 (Monday, September 8, 1997)]
[House]
[Pages H6968-H6969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 AGUA CALIENTE REVENUE DISTRIBUTION ACT

  Mr. HILL. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 700) to remove the restriction on

[[Page H6969]]

the distribution of certain revenues from the Mineral Springs parcel to 
certain members of the Agua Caliente Band of Cahuilla Indians, as 
amended.
  The Clerk read as follows:

                                H.R. 700

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REMOVAL OF RESTRICTION ON DISTRIBUTION OF CERTAIN 
                   REVENUES.

       (a) In General.--The fourth undesignated paragraph in 
     section 3(b) of the Act entitled ``An Act to provide for the 
     equalization of allotments on the Agua Caliente (Palm 
     Springs) Reservation in California, and for other purposes'' 
     approved September 21, 1959 (25 U.S.C. 951 et seq.), is 
     amended by striking ``east: Provided,'' and all that follows 
     through ``deceased member.'' and inserting ``east.''.
       (b) Effective Date and Agreement to Make Payment.--The 
     amendment made by subsection (a) shall apply with respect to 
     net rents, profits, and other revenues that accrue on or 
     after the date of distribution of the payment, as provided in 
     Tribal Ordinance 22 dated August 6, 1996, to those persons 
     referenced in Exhibit B of Tribal Ordinance 22.

  The SPEAKER pro tempore. Pursuant to the rules, the gentleman from 
Montana [Mr. Hill] and the gentleman from Michigan [Mr. Kildee] will 
each be recognized for 20 minutes.
  The Chair recognizes the gentleman from Montana [Mr. Hill].
  Mr. HILL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 700 would remove a revenue distribution restriction 
created in Public Law 86-339, a 1959 statute which related in part to 
the distribution of certain revenues to 85 members of the Agua Caliente 
Band of Cahuilla Indians.
  The 1959 act exempted lands known as the Mineral Springs lots from an 
allotment process which had been developed to distribute the band's 
public lands to individual members. The Mineral Springs lots were set 
apart and designated as tribal reserves. Revenues generated by the 
Mineral Springs lots were designated in the 1959 act to be used to 
offset inequities in the allotments to 85 members of the band and their 
heirs created by the withdrawal of the Mineral Springs lots from the 
allotment process.
  H.R. 700 would endorse a 1996 ordinance enacted by the band which 
would compensate those members of the band, or their heirs, entitled to 
a cash payment or equalization allotment in satisfaction of the 
requirements of the 1959 act.
  The amount of the compensation for each of the 85 members, $22,000, 
has been placed into escrow by the band.
  The provisions of H.R. 700 will take effect on or after the date of 
the distribution of the aforementioned compensation to the 85 members 
of the band.
  This is a fair and equitable bill. It will have no impact on the 
Federal budget, contains no intergovernmental or private sector 
mandates, and would impose no costs on State, local, or tribal 
governments.
  I recommend that H.R. 700 be adopted by this body.
  Mr. Speaker, I reserve the balance of my time.
  Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. KILDEE asked and was given permission to revise and extend his 
remarks.)
  Mr. KILDEE. Mr. Speaker, this legislation will bring an end to a 
long-standing problem that has affected the ability of the Agua 
Caliente Tribe of California to govern its own sovereign tribal lands.
  H.R. 700 was introduced by our colleague, the gentleman from 
California, Mr. Sonny Bono. His legislation will allow the Agua 
Caliente Tribe to compensate allottees or their heirs who currently 
have exclusive rights to a parcel of land that is located at the site 
of the tribe's casino. H.R. 700 will simply allow the tribal government 
to use its gaming revenues to address the social problems facing the 
tribal members.
  Mr. Speaker, I have personally visited this reservation and I have 
seen this problem firsthand. I know the tribal government has worked 
endlessly to ensure this plan was fair and equitable. I want to applaud 
Chairman Richard Milanovich and the Agua Caliente Tribal Council for 
the hard work they have put into this bill.
  I also want to thank the gentleman from California [Mr. Bono] for 
introducing this important bill to help the residents of his district, 
and I urge my colleagues to support this legislation.
  Mr. BONO. Mr. Speaker, I rise in support of this bill. Along with my 
colleague, Congressman Dale Kildee, I am the proud author of H.R. 700, 
The Agua Caliente Equalization Act.
  The Agua Caliente Tribe, located in California's 44th congressional 
district, has been suffering a dilemma for nearly 50 years. This bill 
seeks to resolve this dilemma.
  This legislation provides the solution to a long standing problem 
that the tribe has already addressed within their governmental process 
and structure. This body must consider this issue because, in 1959, the 
Federal Government imposed restrictions on how the tribe was to resolve 
an internal issue.
  This legislation has been reviewed by both the Justice Department and 
the Department of the Interior, and has passed constitutional muster. 
The administration has raised no objections, nor do I know of any 
opposition within this body.
  This legislation virtually mirrors H.R. 3804, which I introduced in 
the last Congress and was approved under suspension. Had the Senate not 
adjourned, this bill, which has been cleared for floor action, would 
have been taken up in that body.
  What this bill seeks to accomplish is to recognize the exclusive 
rights that were provided to 85 unallotted members of the tribe to a 
parcel of land owned by the tribe. The tribe, from its own revenues, 
would make a one-time payment to these 85 nonallottees or their heirs 
in exchange for the tribe to utilize any future revenues derived from 
this parcel of land for the benefit of the entire tribe.
  This bill is a result of many meetings with the tribe and my personal 
knowledge of the Agua Caliente Reservation. I realize that there are 
many things that the tribal council need in order to assist their 
members. The council has informed me that they intend to provide health 
insurance and decent housing for their members. The council has also 
made commitments for both educational and employment opportunities for 
its members. This bill will provide the necessary mechanisms for the 
tribe to make these goals a reality.
  The bill enjoys the overwhelming support of the tribe and the 85 
affected allottees. Over 60 percent of the voting age members of the 
tribe have taken the time to write this committee expressing their 
support of this bill.
  I want to commend the tribal council for its efforts to accommodate 
the concerns and interests of all members of the tribe. The final vote 
on support of this bill was unanimous by the council, illustrating the 
hard work and dedication of the council in addressing the needs of 
their tribe.
  Finally, this bill reflects an agreement that the tribe and the 
allottees have reached themselves. As such, it reaffirms our commitment 
to furthering the Federal policy of self-determination and self-
governance. This bill deserves the support of this body. I urge my 
colleagues to support this legislation.
  Mr. KILDEE. Mr. Speaker, I yield back the balance of my time.
  Mr. HILL. 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 Montana [Mr. Hill] that the House suspend the rules and 
pass the bill, H.R. 700, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________