[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
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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
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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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