[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.
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