[Congressional Record Volume 144, Number 128 (Wednesday, September 23, 1998)]
[House]
[Pages H8488-H8490]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       TECHNICAL CORRECTIONS IN LAWS RELATING TO NATIVE AMERICANS

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 4068) to make certain technical corrections in laws 
relating to Native Americans, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4068

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

     SECTION 1. AUTHORIZATION FOR 99-YEAR LEASES.

       The second sentence of subsection (a) of the first section 
     of the Act entitled ``An Act to authorize the leasing of 
     restricted Indian lands for public, religious, educational, 
     recreational, residential, business, and other purposes 
     requiring the grant of long-term leases'', approved August 9, 
     1955 (25 U.S.C. 415(a)), is amended--
       (1) by inserting ``lands held in trust for the Confederated 
     Tribes of the Grand Ronde Community of Oregon,'' after 
     ``lands held in trust for the Cahuilla Band of Indians of 
     California,''; and
       (2) by inserting ``the Cabazon Indian Reservation,'' after 
     ``the Navajo Reservation,''.

     SEC. 2. GRAND RONDE RESERVATION ACT.

       Section 1(c) of the Act entitled ``An Act to establish a 
     reservation for the Confederated Tribes of the Grand Ronde 
     Community of Oregon, and for other purposes'', approved 
     September 9, 1988 (25 U.S.C. 713f note; 102 Stat. 1594), is 
     amended--
       (1) by striking ``10,120.68 acres of land'' and inserting 
     ``10,311.60 acres of land''; and
       (2) by striking all in the table after:


      ``4           7      30    Lots 3, 4, SW\1/4\NW\1/4\,       240;''
                                  SE\1/4\NE\1/4\, E\1/
                                  2\SW\1/4\
 

     and inserting the following:


     ``6         8       1    N\1/2\SW\1/4\                        29.59
 
      6          8      12    W\1/2\SW\1/4\NE\1/4\,                21.70
                               SE\1/4\SW\1/4\NE\1/
                               4\NW\1/4\, N\1/2\SE\1/
                               4\NW\1/4\, N\1/2\SW\1/
                               4\SW\1/4\SE\1/4\
 
      6          8      13    W\1/2\E\1/2\NW\1/4\NW\1/              5.31
                               4\
 
      6          7       7    E\1/2\E\1/2\                         57.60
 
      6          7       8    SW\1/4\SW\1/4\NW\1/4\,               22.46
                               W\1/2\SW\1/4\
 
      6          7      17    NW\1/4\NW\1/4\, N\1/                 10.84
                               2\SW\1/4\NW\1/4\
 
      6          7      18    E\1/2\NE\1/4\                        43.42
                                                      ------------------
                                         Total              10,311.60''.
 

     SEC. 3. NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT.

       Section 12 of the Navajo-Hopi Land Dispute Settlement Act 
     of 1996 (110 Stat. 3653) is amended--
       (1) in subsection (a)(1)(C), by inserting ``of surface 
     water'' after ``on such lands''; and
       (2) in subsection (b), by striking ``subsection (a)(3)'' 
     each place it appears and inserting ``subsection (a)(1)(C)''.

     SEC. 4. TREATMENT OF CERTAIN DEMONSTRATION PROJECTS.

       (a) In General.--The Secretary of the Interior shall take 
     such action as may be necessary to extend the terms of the 
     projects referred to in section 512 of the Indian Health Care 
     Improvement Act (25 U.S.C. 1660b) so that the term of each 
     such project expires on October 1, 2002.
       (b) Amendment to Indian Health Care Improvement Act.--
     Section 512 of the Indian Health Care Improvement Act (25 
     U.S.C. 1660b) is amended by adding at the end the following:
       ``(c) In addition to the amounts made available under 
     section 514 to carry out this section through fiscal year 
     2000, there are authorized to be appropriated such sums as 
     may be necessary to carry out this section for each of fiscal 
     years 2001 and 2002.''.

     SEC. 5. CONFEDERATED TRIBES OF COOS, LOWER UMPQUA, AND 
                   SIUSLAW INDIANS RESERVATION ACT.

       Section 7(b) of the Coos, Lower Umpqua, and Siuslaw 
     Restoration Act (25 U.S.C. 714e(b)) is amended by adding at 
     the end the following:
       ``(4) In Lane County, Oregon, a parcel described as 
     beginning at the common corner to sections 23, 24, 25, and 26 
     township 18 south, range 12 west, Willamette Meridian; then 
     west 25 links; then north 2 chains and 50 links; then east 25 
     links to a point on the section line between sections 23 and 
     24; then south 2 chains and 50 links to the place of origin, 
     and containing .062 of an acre, more or less, situated and 
     lying in section 23, township 18 south, range 12 west, of 
     Willamette Meridian.''.

     SEC. 6. HOOPA VALLEY RESERVATION BOUNDARY ADJUSTMENT.

       Section 2(b) of the Hoopa Valley Reservation South Boundary 
     Adjustment Act (25 U.S.C. 1300i-1 note) is amended--
       (1) by striking ``north 72 degrees 30 minutes east'' and 
     inserting ``north 73 degrees 50 minutes east''; and
       (2) by striking ``south 15 degrees 59 minutes east'' and 
     inserting ``south 14 degrees 36 minutes east''.

     SEC. 7. CLARIFICATION OF SERVICE AREA FOR CONFEDERATED TRIBES 
                   OF SILETZ INDIANS OF OREGON.

       Section 2 of the Act entitled ``An Act to establish a 
     reservation for the Confederated Tribes of Siletz Indians of 
     Oregon'', approved September 4, 1980 (25 U.S.C. 711e note; 94 
     Stat. 1073), is amended by adding at the end the following:
       ``(c) Subject to the express limitations under sections 4 
     and 5, for purposes of determining eligibility for Federal 
     assistance programs, the service area of the Confederated 
     Tribes of the Siletz Indians of Oregon shall include Benton, 
     Clackamas, Lane, Lincoln, Linn, Marion, Multnomah, Polk, 
     Tillamook, Washington, and Yamhill Counties in Oregon.''.

     SEC. 8. LOWER SIOUX INDIAN COMMUNITY.

       Notwithstanding any other provision of law, the Lower Sioux 
     Indian Community in Minnesota is hereby authorized to sell, 
     convey, and warrant to a buyer, without further approval of 
     the United States, all the Community's interest in the 
     following real property located in Redwood County, Minnesota:

     A tract of land located in the Northeast Quarter (NE\1/4\) of 
     Section Five (5), Township One Hundred Twelve (112) North, 
     Range Thirty-five (35) West, County of Redwood and State of 
     Minnesota, described as follows: Commencing at the north 
     quarter corner of Section 5 in Township 112 North, Range 35 
     West of the 5th Principal Meridian; thence east a distance of 
     678 feet; thence south a distance of 650 feet; thence South 
     45 degrees West a distance of 367.7 feet; thence west a 
     distance of 418 feet to a point situated on the north and 
     south quarter line of said Section 5; thence north a distance 
     of 910 feet to the place of beginning, subject to highway 
     easements of record, and containing 13.38 acres, more or 
     less.

     Nothing in this section is intended to authorize the Lower 
     Sioux Indian Community in Minnesota to sell any of its lands 
     that are held in trust by the United States.

     SEC. 9. FEDERAL TRUST EMPLACEMENT OF TRIBAL LANDS.

       The Cow Creek Band of Umpqua Tribe of Indians Recognition 
     Act (25 U.S.C. 712 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 7. CERTAIN PROPERTY TAKEN INTO TRUST.

       ``The Secretary of the Interior shall accept title to 2000 
     acres of real property and may accept title to any additional 
     number of acres of real property located in Umpqua River 
     watershed upstream from Scottsburg, Oregon, or the northern 
     slope of the Rogue River watershed upstream from Agness, 
     Oregon, if such real property is conveyed or otherwise 
     transferred to the United States by or on behalf of the 
     Tribe. The Secretary shall take into trust for the benefit of 
     the Tribe all real property conveyed or otherwise transferred 
     to the United States pursuant to this section. Real property 
     taken into trust pursuant to this section shall become part 
     of the Tribe's reservation. Real property taken into trust 
     pursuant to this section shall not be considered to have been 
     taken into trust for gaming (as that term is used in the 
     Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).''.

     SEC. 10. AMENDMENTS TO THE JICARILLA APACHE TRIBE WATER 
                   RIGHTS SETTLEMENT ACT.

       (a) Section 8(e)(3) of the Jicarilla Apache Tribe Water 
     Rights Settlement Act, as amended by Public Law 104-261, is 
     further amended by striking ``December 31, 1998'' and 
     inserting in lieu thereof ``December 31, 2000''.
       (b) The Jicarilla Apache Tribe Water Rights Settlement Act 
     (Public Law 102-441) is amended by adding at the end the 
     following new section:

     ``SEC. 12. APPROVAL OF STIPULATION.

       ``Notwithstanding any other provision of Federal law, 
     including section 2116 of the Revised Statutes (25 U.S.C. 
     177), the Stipulation and Settlement Agreement, dated October 
     7, 1997, between the Jicarilla Apache Tribe and other parties 
     to State of New Mexico v. Aragon, No. CIV-7941 JC, U.S. Dist. 
     Ct., D.N.M., approved by the United States District Court in 
     that proceeding, is hereby approved.''.

     SEC. 11. SAN LUIS REY INDIAN WATER RIGHTS SETTLEMENT ACT.

       Section 105(c) of the San Luis Rey Indian Water Rights 
     Settlement Act (Public Law 100-675; 102 Stat. 4000), as 
     amended by section 117 of the Department of the Interior and 
     Related Agencies Appropriations Act, 1992 (Public Law 102-
     154; 105 Stat. 1012-1013), is amended--
       (1) by inserting ``(1)'' before ``Until''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Notwithstanding paragraph (1), prior to completion of 
     the final settlement and as soon as feasible, the Secretary 
     is authorized and directed to disburse a total of $8,000,000, 
     of which $1,600,000 will go to each of the Bands, from the 
     interest income which has accrued to the Fund. The disbursed 
     funds shall be invested or used for economic development of 
     the Bands, the Bands' reservation land, and their members and 
     may not be

[[Page H8489]]

     used for per capita payments to members of any Band. The 
     United States shall not be liable for any claim or causes of 
     action arising from the Bands' use or expenditure of moneys 
     distributed from the Fund.''.

     SEC. 12. NATIVE HAWAIIAN HEALTH SCHOLARSHIP PROGRAM.

       (a) Eligibility.--Section 10(a)(1) of the Native Hawaiian 
     Health Care Improvement Act (42 U.S.C. 11709(a)(1)) is 
     amended by striking ``meet the requirements of section 338A 
     of the Public Health Service Act (42 U.S.C. 2541)'' and 
     inserting ``meet the requirements of paragraphs (1), (3), and 
     (4) of section 338A(b) of the Public Health Service Act (42 
     U.S.C. 254l(b))''.
       (b) Terms and Conditions.--Section 10(b)(1) of the Native 
     Hawaiian Health Care Improvement Act (42 U.S.C. 11709(b)(1)) 
     is amended--
       (1) in subparagraph (A), by inserting ``identified in the 
     Native Hawaiian comprehensive health care master plan 
     implemented under section 4'' after ``health care 
     professional'';
       (2) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (C) through (E), respectively;
       (3) by inserting after subparagraph (A) the following:
       ``(B) the primary health services covered under the 
     scholarship assistance program under this section shall be 
     the services included under the definition of that term under 
     section 12(8);'';
       (4) by striking subparagraph (D), as redesignated, and 
     inserting the following:
       ``(D) the obligated service requirement for each 
     scholarship recipient shall be fulfilled through the full-
     time clinical or nonclinical practice of the health 
     profession of the scholarship recipient, in an order of 
     priority that would provide for practice--
       ``(i) first, in any 1 of the 5 Native Hawaiian health care 
     systems; and
       ``(ii) second, in--
       ``(I) a health professional shortage area or medically 
     underserved area located in the State of Hawaii; or
       ``(II) a geographic area or facility that is--

       ``(aa) located in the State of Hawaii; and
       ``(bb) has a designation that is similar to a designation 
     described in subclause (I) made by the Secretary, acting 
     through the Public Health Service;'';

       (5) in subparagraph (E), as redesignated, by striking the 
     period and inserting a comma; and
       (6) by adding at the end the following:
       ``(F) the obligated service of a scholarship recipient 
     shall not be performed by the recipient through membership in 
     the National Health Service Corps; and
       ``(G) the requirements of sections 331 through 338 of the 
     Public Health Service Act (42 U.S.C. 254d through 254k), 
     section 338C of that Act (42 U.S.C. 254m), other than 
     subsection (b)(5) of that section, and section 338D of that 
     Act (42 U.S.C. 254n) applicable to scholarship assistance 
     provided under section 338A of that Act (42 U.S.C. 254l) 
     shall not apply to the scholarship assistance provided under 
     subsection (a) of this section.''.

     SEC. 13. MISCELLANEOUS TECHNICAL CORRECTIONS.

       (a) Authorization.--Section 711(h) of the Indian Health 
     Care Improvement Act (25 U.S.C. 1665j(h)) is amended by 
     striking ``of the fiscal years'' and inserting ``of fiscal 
     years''.
       (b) Reference.--Section 4(12)(B) of the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4103(12)(B)) is amended by striking ``Indian Self-
     Determination and Education Assistance Act of 1975'' and 
     inserting ``Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.)''.

     SEC. 14. REPEAL.

       Section 326(d)(1) of Public Law 105-83 is repealed and 
     section 1004(a) of Public Law 104-324 is amended by inserting 
     ``sale or'' before ``use''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska (Mr. Young) and the gentleman from American Samoa (Mr. 
Faleomavaega) each will control 20 minutes.
  The Chair recognizes the gentleman from Alaska (Mr. Young).
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 4068 would make certain technical corrections in 
laws relating to Native Americans. This is an extensive bill, and I 
will be as brief as possible.
  It corrects typographical errors in existing laws. It extends the 
leasing authority to 99 years for the Confederated Tribes of the Grand 
Ronde Community of Oregon and the Cabazon Indian Reservation. It adds 
0.062 acres of land, the driveway to an Indian cemetery, to the Coos, 
Lower Umpqua and Siuslaw Tribal Reservation. It adjusts the bearings 
provided for the Hoopa Valley Reservation South Boundary Adjustment 
Act. It expands the service area of the Confederated Tribes of the 
Siletz Indians. It authorizes the Lower Sioux Indian Community to sell 
a 13.38 acre parcel of real property which the tribe owns in fee. It 
approves the transfer of certain water rights pursuant to the Jicarilla 
Apache Tribe Water Rights Settlement Act. It amends the Native Hawaiian 
Health Care Improvement Act to define primary health services covered 
under the scholarship assistance program.
  Finally, there is a section in H.R. 4068 which authorizes the 
disbursement of certain interest income pursuant to the San Luis Rey 
Indian Water Rights Settlement Act. The Committee on Resources is 
concerned about the delay of the implementation of that act.
  In conclusion, Mr. Speaker, H.R. 4068 is an important bill for 
numbers of Indian tribes. It does not pertain to many acres of land, 
but it does solve a lot of problems that have not been able to be 
solved, and I urge the passage of the legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I yield such time as he may 
consume to the gentleman from American Samoa (Mr. Faleomavaega).
  (Mr. FALEOMAVAEGA asked and was given permission to revise and extend 
his remarks.)
  Mr. FALEOMAVAEGA. Mr. Speaker, certainly I want to thank the 
gentleman from Alaska (Mr. Young), the chairman of the Committee on 
Resources; and the senior democratic ranking member, the gentleman from 
California (Mr. Miller), for bringing this legislation to the floor.
  Mr. Speaker, this is a bill which addresses several technical changes 
to existing Native American law. These are not exactly glamorous 
issues: boundary changes to Indian reservations, leasing authority for 
one of the reservations and placing into trust of additional land for 
another Native American tribe. There are some questions concerning 
sections 9 and 14 of this legislation. It is my understanding that the 
amendments being offered by the gentleman from Alaska (Mr. Young) 
incorporate changes which address the concerns which have been raised.
  Specifically, Section 9 which concerns 2,000 acres of land of the Cow 
Creek Band of the Umpqua tribe of Indians will prohibit Indian gaming 
on the land and the prior contents of Section 14, which would have 
provided tax exemption from Federal and State taxes for certain 
distribution funds, has been deleted. The new Section 14 addresses a 
different native Alaskan problem added by the Senate to Coast Guard 
legislation and concerning the operations of a health clinic.
  Again, it is my understanding that all parties concerned with this 
provision support the language contained in the amendment of the 
gentleman from Alaska (Mr. Young); and with this bill, Mr. Speaker, I 
urge my colleagues to support this legislation.
  I again thank the gentlemen from Alaska and from California.
  Mr. MILLER of California. Mr. Speaker, I yield myself such time as I 
may consume.
  (Mr. MILLER of California asked and was given permission to revise 
and extend his remarks.)
  Mr. MILLER of California. Mr. Speaker, I thank the gentleman from 
American Samoa (Mr. Faleomavaega), and I rise in strong support of this 
legislation.
  Mr. Speaker. Section 11 of H.R. 4068 authorizes a one-time 
disbursement of $8,000,000 in interest accrued on the Tribal 
Development Fund established for the La Jolla, Rincon, San Pasqual, 
Pauma and Pala Bands of Mission Indians pursuant to section 105 of the 
San Luis Rey Indian Water Rights Settlement Act of 1988 (P.L. 100-575, 
102 Stat. 4000). Each band would receive $1,600,000 for investment and 
economic development purposes. None of the money could be used for per 
capita payments to Band member. The section further provides that the 
United States would be exempt from any liability with regard to any 
Band's use of the funds after the disbursement.
  Full implementation of the San Luis Rey Indian Water Rights 
Settlement Act is conditioned on the acquisition by the United States 
of a source of 16,000 acre-feet of supplemental water for the Bands. 
However, in the decade since enactment of the settlement, no source of 
supplemental water has been secured, despite good faith efforts by all 
of the settlement parties. This delay in securing a water supply has 
been years longer than what the Congress and the settlement parties 
anticipated when the settlement was enacted.
  The delay in implementing the settlement has adversely affected the 
five Bands. While

[[Page H8490]]

the non-Indian communities of Vista and Escondido have continued to 
enjoy the use of low-cost, local water to which the Bands have a claim, 
the Bands have had the benefit of neither water nor funding for 
economic development as provided for by the settlement. Under these 
circumstances, the House Committee on Resources has found that the 
Bands' request for a one-time, partial disbursement of interest earned 
on the Development Fund that was establishment for their benefit is 
reasonable and appropriate. The other settlement parties, including the 
Department of the Interior, have informed the Committee of their 
support for the Band's request.
  The San Luis Rey Tribal Development Fund was capitalized with 
approximately $32,000,000 appropriated by the Congress in 1989 by 
Public Law 101-121. The Fund has since grown to more than $52,000,000. 
With the distribution authorized by this section, the Fund will retain 
a balance of more than $44,000,000, which will continue to accrue 
interest and remain an incentive to the Bands to see the settlement 
through to full and final implementation.
  The Committee on Resources expects that the factors that have 
prolonged fulfillment of the requirements of the settlement will not 
persist indefinitely. Accordingly, the Committee urges the Secretary to 
use the full measure of his authority to secure the acquisition of the 
supplemental water supply required by the Settlement Act at a cost that 
will enable its economical use for the benefit of the Bands and the 
complete implementation of the San Luis Rey Indian Water Rights 
Settlement.
  The Committee on Resources recognizes that the Act's dual command 
that the Department arrange to obtain or develop not more than 16,000 
acre feet per year of supplemental water, without bearing any 
development costs, has been a major impediment to finalizing the 
settlement. Nevertheless, the Committee does not agree that these 
requirements support an interpretation of the Act that the Tribal 
Development Trust Fund, which was established for the exclusive use of 
the Indian Water Authority on behalf of the Bands, is an appropriate 
source of funds to finance the delivery of water to the Bands.
  Section 107(b)(4) of the Settlement Act states that all funds of the 
Indian Water Authority that are not required for administrative or 
operational expenses of the Authority or to fulfill obligations of the 
Authority (emphasis added) under the title, the Act or any other 
agreement entered into by the Authority, shall be invested or used for 
economic development of the Bands, the Bands' reservation lands, and 
their members. The Act places the obligation to arrange for the 
development and delivery water for the Bands squarely on the Secretary, 
not on the Bands. To suggest that the Tribal Development Trust Fund 
should be used to acquire or deliver water to the Bands is to suggest 
that the Bands use their own money to fulfill the Secretary's 
obligation to them. This suggestion is inconsistent with the content of 
the Act. If additional authority or funding is needed to carry out the 
intent of the Act, then the Department should consider submitting an 
appropriate request to the Congress.
  Mr. REDMOND. Mr. Speaker, H.R. 4068, the Native American technical 
corrections bill, contains two important amendments in Section 10 of 
the bill. Section 10 of H.R. 4068 would amend a section of, and add a 
new section to, the 1992 Jicarilla Apache Tribe Water Rights Settlement 
Act (Act of October 23, 1992, Pub. L. No. 102-441, 106 Stat. 2237) 
(``Settlement Act'').
  By the terms of the Settlement Act, the Jicarilla Apache Tribe may 
nor access its ``future use'' water or a six million dollar water 
resources development fund until two partial final decrees have been 
entered, adjudicating the Tribe's historic and existing water rights in 
two stream system in New Mexico. The current statutory deadline for 
entry of these two decrees is December 31, 1998. See Pub. L. No. 104-
261 Sec. 2, 110 Stat. 3176 (1996). If the deadline is not met, these 
monies, which have already been appropriated, will be returned to the 
general treasury.
  One amendment outlined in Section 10(b) of H.R. 4068 would add a new 
section 12 to the Settlement Act to provide Congressional approval of 
an October 7, 1997, Stipulation and Settlement Agreement between the 
Jicarilla Apache Tribe, the Associacion de Acequias Nortenas de Rio 
Arriba, and certain other parties to the Rio Chama general stream 
adjudication, State of New Mexico ex rel. State Engineer v. Aragon, No. 
CIV-7941 JC. This settlement agreement has been approved by the Federal 
district court, but the parties to the agreement are seeking 
Congressional approval as an extra measure.
  This settlement agreement provides for the future transfer of certain 
water rights from the Tribe to the Acequias Nortenas. These water 
rights were perfected under state law prior to the Tribe's acquisition 
of a ranch from private parties in the 1980s. That land was proclaimed 
part of the Tribe's reservation in 1988. This agreement does not alter 
significantly the water rights the Tribe will receive under the 
Settlement Act, but still provides a fair and reasonable settlement of 
the concerns expressed by the Acequias Nortenas. Because the Tribe was 
able to settle its differences with these and other acequias in the 
basin, there was no need for a trial on any of the objections filed to 
the Tribe's proposed Rio Chama decree. This decree was approved by the 
Federal district court on April 6, 1998.
  However, for a host of reasons entirely outside of the Jicarilla 
Apache Tribe's control, the other decree required by the Settlement 
Act, which confirms the Tribe's water rights in the San Juan River 
general stream adjudication, State of New Mexico v. United States of 
America, et al., v. Jicarilla Apache Tribe, No. 75-184-1 (11th Jud. 
Dist. NM), has taken far longer to complete than either the United 
States Departments of Justice and Interior or the Jicarilla Apache 
Tribe had anticipated. For this reason, an additional amendment to the 
Settlement Act, outlined in H.R. 4068, is necessary.
  Section 10(a) of H.R. 4068 authorizes a two-year extension of the 
1998 statutory deadline by which this last decree must be entered in 
the San Juan River adjudication. The parties are well along in the 
litigation, and the United States, the State, and the Tribe are 
actively trying to negotiate a resolution to the objections that have 
been filed to the decree. This is the final hurdle to conclude 
implementation of the Settlement Act, and although the parties are 
close to conclusion, there is no way for the Tribe to know whether the 
court will actually enter the decree before the December 31st deadline.
  The delays to date have not been the fault of the Jicarilla Apache 
Tribe. Indeed, the Tribe has acted in good faith to fulfill the 
requirements of the Settlement Act. Therefore, the Tribe should not be 
penalized with the loss of six million dollars, which could potentially 
jeopardize the entire settlement. There is no justifiable reason to 
allow the statutory deadline to expire without an extension, especially 
when final settlement is so near. The Department of the Interior 
supports this extension, and the amendment to sanction the settlement 
between the Tribe and the acequias, because the Administration 
believes, as I do, that settlement is in the best interest of all water 
users in these two basins in New Mexico.
  Mr. YOUNG of Alaska. Mr. Speaker, I have no requests for time, and I 
yield back the balance of my time.
  Mr. MILLER of California. Mr. Speaker, I, too, yield back the balance 
of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Alaska (Mr. Young) that the House suspend the rules and 
pass the bill, H.R. 4068, 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.

                          ____________________