[Congressional Record Volume 144, Number 147 (Thursday, October 15, 1998)]
[House]
[Pages H10942-H10944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REMOVING RESTRICTION ON DISTRIBUTION OF REVENUES TO CERTAIN MEMBERS OF 
                 AGUA CALIENTE BAND OF CAHUILLA INDIANS

  Mrs. CUBIN. Mr. Speaker, I move to suspend the rules and concur in 
the Senate amendment to the bill (H.R. 700) to remove the restriction 
on the distribution of certain revenues from the Mineral Springs parcel 
to certain members of the Agua Caliente Band of Agua Caliente Indians.
  The Clerk read as follows:
       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. FINDINGS.

       Congress finds that--
       (1) among its purposes, 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, commonly known 
     as the ``Agua Caliente Equalization Act of 1959'' (25 U.S.C. 
     951 et seq.) (referred to in this section as the ``Act'') was 
     intended to provide for a reasonable degree of equalization 
     of the value of allotments made to members of the Agua 
     Caliente Band of Cahuilla Indians;
       (2) the Act was enacted in response to litigation in 
     Federal courts in Segundo, et al. v. United States, 123 F. 
     Supp. 554 (1954);
       (3) the case referred to in paragraph (2) was appealed 
     under the case name United States v. Pierce, 235 F. 2d 885 
     (1956) and that case affirmed the entitlement of certain 
     members of the Band to allotments of approximately equal 
     value to lands allotted to other members of the Band;
       (4)(A) to achieve the equalization referred to in paragraph 
     (3), section 3 of the Act (25 U.S.C. 953) provided for the 
     allotment or sale of all remaining tribal lands, with the 
     exception of several specifically designated parcels, 
     including 2 parcels in the Mineral Springs area known as 
     parcel A and parcel B;
       (B) section 3 of the Act restricted the distribution of any 
     net rents, profits, or other revenues derived from parcel B 
     to members of the Band and their heirs entitled to 
     equalization of the value of the allotments of those members;
       (C) from 1959 through 1984, each annual budget of the Band, 
     as approved by the Bureau

[[Page H10943]]

     of Indian Affairs, provided for expenditure of all revenues 
     derived from both parcel A and parcel B solely for tribal 
     governmental purposes; and
       (D) as a result of the annual budgets referred to in 
     subparagraph (C), no net revenues from parcel B were 
     available for distribution to tribal members entitled to 
     equalization under section 3 of the Act referred to in 
     paragraph (1);
       (5) by letter of December 6, 1961, the Director of the 
     Sacramento Area Office of the Bureau of Indian Affairs 
     informed the regional solicitor of the Bureau of Indian 
     Affairs that the equalization of allotments on the Agua 
     Caliente Reservation with respect to those members of the 
     Band who were eligible for equalization had been completed 
     using all available excess tribal land in a manner consistent 
     with--
       (A) the decree of the court in the case referred to in 
     paragraph (2); and
       (B) the Act;
       (6) in 1968, the files of the Department of the Interior 
     with respect to the case referred to in paragraph (3), the 
     closure of which was contingent upon completion of the 
     equalization program, were retired to the Federal Record 
     Center, where they were subsequently destroyed;
       (7) on March 16, 1983, the Secretary of the Interior 
     published notice in the Federal Register that full 
     equalization had been achieved within the meaning of section 
     7 of the Act (25 U.S.C. 957);
       (8) section 7 of the Act states that ``allotments in 
     accordance with the provisions of this Act shall be deemed 
     complete and full equalization of allotments on the Agua 
     Caliente Reservation''; and
       (9) the regulations governing the equalization of 
     allotments under the Act referred to in paragraph (1) were 
     rescinded by the Secretary, effective March 31, 1983.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Band.--The term ``Band'' means the Agua Caliente Band.
       (2) Parcel b.--The term ``parcel B'' means the parcel of 
     land in the Mineral Springs area referred to as ``parcel B'' 
     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, commonly known as the ``Agua 
     Caliente Equalization Act of 1959'' (25 U.S.C. 953(b)).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. EQUALIZATION OF ALLOTMENTS.

       (a) In General.--The full equalization of allotments within 
     the meaning of section 7 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, commonly known 
     as the ``Agua Caliente Equalization Act of 1959'' (25 U.S.C. 
     957) is deemed to have been completed.
       (b) Expiration of Entitlement.--By reason of the 
     achievement of the full equalization of allotments described 
     in subsection (a), the entitlement of holders of equalized 
     allotments to distribution of net revenues from parcel B 
     under 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, commonly known as the ``Agua 
     Caliente Equalization Act of 1959'' (25 U.S.C. 953(b)) shall 
     be deemed to have expired.

     SEC. 4. REMOVAL OF RESTRICTION.

       (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, commonly known as the ``Agua 
     Caliente Equalization Act of 1959'' (25 U.S.C. 953(b)), is 
     amended by striking ``east: Provided,'' and all that follows 
     through the end of the paragraph and inserting ``east.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply as if this section had been enacted on March 31, 
     1983.
       (c) Subsequent Distributions.--Any per capita distribution 
     of tribal revenues of the Band made after the date of 
     enactment of this Act shall be made to all members of the 
     Band in equal amounts.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Wyoming (Mrs. Cubin) and the gentleman from California (Mr. Miller) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Wyoming (Mrs. Cubin).
  Mrs. CUBIN. 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 certain members of the Agua 
Caliente Band of Cahuilla Indians.
  This bill is an amended version of H.R. 700 which we passed last 
year. Since we passed H.R. 700 last year, the Bureau of Indian Affairs 
and the Agua Caliente Band have discovered that a different piece of 
legislation is needed.
  H.R. 700, as amended, reflects the changes which the Senate Committee 
on Indian Affairs has made to the bill which we passed last year. I 
agree with those amendments.
  H.R. 700, as amended, finds that equalization allotments on the Agua 
Caliente Reservation have been completed and that the regulations 
governing the equalization allotments under the 1959 Agua Caliente 
Equalization Act were rescinded in 1983.
  H.R. 700, as amended, provides that the special entitlements of 
certain members of the Band have expired and, thus, that any per capita 
distribution of tribal revenues of the Band shall be made to all 
members of the Band in equal amounts.
  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. 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 am supporting this bill. We 
passed it out of the House last year. Basically the bill removes a 
restriction on a piece of property owned by the Agua Caliente Tribe in 
downtown Palm Springs, California. The restriction, part of the 1959 
law, provides that revenues from this property would first go to the 85 
Members of the Tribe who lost lands in the use to create tribal 
property. This asks Congress to remove the restriction so it can 
distribute the revenues general rated from the Spa Casino, which sits 
on the property, to all members of the Tribe.
  The House-passed bill would have compensated 85 members with a cash 
payment of $22,000 each. The Senate determined that the 85 Members have 
already been compensated and the property restriction was not intended 
to last indefinitely.
  I want to once again, however, state for the record my objection to 
per capita payments to tribal members from any gambling casino. I think 
that ultimately, this is unwise, and if we are ever to amend the Indian 
gaming act, this is one of the issues that Congress will have to 
reexamine. The administration supports this legislation.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Michigan (Mr. Kildee).
  Mr. KILDEE. Mr. Speaker, I thank the gentleman from California (Mr. 
Miller) for yielding me this time.
  Mr. Speaker, I am proud to join the gentlewoman from California (Mrs. 
Bono) in supporting H.R. 700. As Chairman Richard Milanovich indicated 
to the members of the Committee on Resources, this bill will resolve a 
dilemma which has been hanging over the Agua Caliente tribe for almost 
50 years.
  This legislation reflects the solution to a long-standing problem 
that the tribe has addressed within their governmental process and 
structure. The only reason Congress must consider this issue is because 
back in 1959, we imposed restrictions on how the tribe was to resolve 
an internal issue. I want to point out that both the Justice Department 
and the Department of the Interior have reviewed this legislation and 
the tribe's proposed solution to their problem as embodied in H.R. 700, 
as amended by the Senate.
  The amendments added by the Senate improve the bill and recognize the 
fact that full equalization to all members of the tribe was achieved in 
1961.
  Mr. Speaker, this bill enjoys the overwhelming support of the tribe 
and the 85 affected allottees. In fact, over 60 percent of the voting-
age members of the tribe have taken the time to write to this committee 
expressing their support for this legislation.
  Mr. Speaker, I urge my colleagues to support this bill that should 
have been adopted nearly 40 years ago.
  Ms. BONO. Mr. Speaker, I rise today in support of H.R. 700.
  The Agua Caliente Band of Indians, located in California's 44th 
Congressional District, have suffered a dilemma for nearly 50 years. 
This legislation addresses this problem by seeking to remove the 
restriction on the distribution of certain revenues from the mineral 
springs parcel to certain members of the Agua Caliente tribe.
  H.R. 4699 recognizes that full equalization under the law was 
provided to all members of the tribe in 1961. Regrettably, the 1959 act 
that outlined the equalization procedures, failed to contain a critical 
provision that removed the distribution restrictions once full

[[Page H10944]]

equalization was attained. That mistake is rectified today by this 
legislation.
  Through the passage of this bill, the tribal council has informed me 
that they intend to provide health insurance and decent housing as well 
as educational and employment opportunities for its members. This bill 
will provide the necessary mechanisms for the tribe to make these goals 
a reality.
  This bill enjoys a tremendous amount of support. The House of 
Representatives passed by voice vote similar legislation introduced by 
my late husband, Congressman Sonny Bono, and Congressman Dale Kildee 
last year. In addition, this legislation has been reviewed by, and 
enjoys the support of, both the Justice Department and the Department 
of the Interior.
  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.
  I urge my colleagues to support this legislation.
  Mr. MILLER of California. Mr. Speaker, I yield back the balance of my 
time.
  Mrs. CUBIN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Wyoming (Mrs. Cubin) that the House suspend the rules 
and concur in the Senate amendment to the bill, H.R. 700.
  The question was taken.
  Mr. MILLER of California. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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