[Congressional Record Volume 148, Number 32 (Tuesday, March 19, 2002)]
[House]
[Pages H945-H946]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR BINDING ARBITRATION IN LEASES AND CONTRACTS ON RESERVATON
LANDS OF GILA RIVER INDIAN COMMUNITY
Mr. HAYWORTH. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3985) to amend 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, to provide for
binding arbitration clauses in leases and contracts related to
reservation lands of the Gila River Indian Community.
The Clerk read as follows:
H.R. 3985
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That 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, (69 Stat. 539; 25 U.S.C. 415) is amended by
adding at the end the following new subsection:
``(f) Any lease entered into under the Act of August 9,
1955 (69 Stat. 539), as amended, or any contract entered into
under section 2103 of the Revised Statutes (25 U.S.C. 81), as
amended, affecting land within the Gila River Indian
Community Reservation may contain a provision for the binding
arbitration of disputes arising out of such lease or
contract. Such leases or contracts entered into pursuant to
such Acts shall be considered within the meaning of
`commerce' as defined and subject to the provisions of
section 1 of title 9, United States Code. Any refusal to
submit to arbitration pursuant to a binding agreement for
arbitration or the exercise of any right conferred by title 9
to abide by the outcome of arbitration pursuant to the
provisions of chapter 1 of title 9, sections 1 through 14,
United States Code, shall be deemed to be a civil action
arising under the Constitution, laws or treaties of the
United States within the meaning of section 1331 of title 28,
United States Code.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Hayworth) and the gentleman from American Samoa (Mr.
Faleomavaega) each will control 20 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Hayworth).
{time} 1415
Mr. HAYWORTH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I look forward to working with my friend, the gentleman
from American Samoa (Mr. Faleomavaega) this afternoon on the
legislation.
Mr. Speaker, the Gila River Indian community is currently a finalist
in the new Arizona Cardinals Stadium site selection process. In
connection with the possible development of the stadium on the Gila
River Indian Community's reservation, the issue has arisen regarding
the need for certainty with respect to resolution of contract disputes
between the Gila River Indian Community and its business lease tenants.
Many of the community's commercial contracts provide for arbitration
of disputes. They further provide that the agreement to arbitrate and
any arbitration decision may be enforced in either tribal or Federal
court. Unfortunately, tenants and their lenders remain uncomfortable
with the tribal court for a variety of reasons, and Federal courts
would lack jurisdiction over contract disputes between private business
entities and Indian tribes.
In addition to the possible development of a stadium site, the
community has developed the business part for high-end commercial uses.
Since potential business partners see no viable means to enforce
contract and land lease arbitration provisions, some very good
potential tenants for the community's business park and other potential
business partners have in the past decided to look elsewhere. Providing
potential tenants with a Federal court remedy if the community refuses
to arbitrate according to agreed-to lease provisions will cause quality
developers to be more interested in leasing land in the business part
because leases will be more financeable and marketable.
The Salt River Pima-Maricopa Indian Community, also in my
congressional district, has been successful in attracting commercial
tenants to its various projects. One reason for its success is a unique
Federal statute that Congress adopted in 1983. This statute basically
provides that with respect to Salt River leases, Federal courts have
jurisdiction to enforce agreements to arbitrate and any resulting
arbitration decision. To a large extent, this statute has enabled Salt
River leases to be financeable and marketable. Attorneys for the Salt
River Pima-Maricopa Indian Community report that there has never been
any Federal court litigation filed pursuant to the statute since it was
adopted nearly 20 years ago. Still the statute has provided assurance
to tenants that, if necessary, there is an available forum other than
tribal court to enforce Salt River's agreement to arbitrate lease
disputes.
Mr. Speaker, I would also mention that the introduction of this
legislation does not in any way imply any preference for the selection
of the Gila River Indian Community for the site of the Arizona
Cardinals stadium. I feel that both the Gila River Indian Community
site and the city of Mesa site will serve as excellent possibilities
for construction of a new stadium. This legislation, however, will help
ensure that the best possible business environment will exist if the
stadium is to be built. Therefore, I would urge passage of the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I certainly would like to commend my
good friend and colleague, the gentleman from Arizona (Mr. Hayworth)
[[Page H946]]
for his management of this piece of legislation.
Mr. Speaker, I rise in support of H.R. 3985, a bill to assist the
Gila River Indian Community in the State of Arizona with the plans of
economic development of tribal lands. I want to thank and congratulate
again the two sponsors of this legislation, the gentleman from Arizona
(Mr. Hayworth) and also my good friend, the gentleman from Arizona (Mr.
Pastor) for their hard work in bringing this bill before us today. Both
gentlemen from Arizona are good friends of Indian tribes and are often
at the forefront of issues important to all of our Native American
community.
The Gila River Indian Community is one of the several Indian tribes
which has taken full advantage of the proceeds it receives from a well-
run gaming facility to diversify into a comprehensive economic
development plan. It is a true success story that this Indian tribe,
which not so long ago was impoverished, stands at the brink of becoming
the home of the Arizona Cardinals National Football stadium. Years of
good management, principles, smart business practices and innovative
thinking on behalf of the tribal leaders has brought them to this
point.
In order to encourage business development on the Gila River
Reservation, the tribe has adopted standard provisions in its
commercial agreements which provide for arbitration should any dispute
arise. This legislation will provide Federal court jurisdiction to
enforce both agreements for arbitration and any resulting arbitration
decisions.
Unfortunately, many non-Indian businesses still lack a full
understanding of tribal courts and remain uncomfortable with the
prospect of pursuing disputes there. The tribe has asked Congress to
provide this Federal court remedy to assist them in their economic
pursuits. In a letter to the Committee on Resources ranking member, the
gentleman from West Virginia (Mr. Rahall), Gila River Indian River
Community Governor Donald Antone, Sr., wrote, ``The community has found
this formulation to provide a level of comfort to certain non-Indian
businesses who are largely unfamiliar with tribal governments and their
judicial system.''
This is an example of tribal self-determination at its finest, and I
wish to commend Governor Antone and the Gila River Tribal Council
continued success as they blend their ancient culture with moderate
economic developments to enhance the lives of all their members.
Mr. Speaker, I just want to mention the fact that the Arizona
Cardinals National Football team was mentioned here. I have had a
couple of my cousins that have played for the Cardinals. In fact, one
currently plays for the Arizona Cardinals. His name Ma'o Tosi. He is
only six-foot-five and he weighs 300 pounds. I would like to offer my
challenge to our Native American community, where are your Jim Thorpes
and Jimmy Sixkillers? We need more of them. I would like to suggest to
my friend from Arizona (Mr. Hayworth), I would be more than happy to
accommodate any of your needs, if you need more Samoan football players
for the Arizona Cardinal team.
With this in mind, Mr. Speaker, I urge my colleagues to support this
legislation. Again, I thank my good friend from Arizona (Mr. Hayworth).
Mr. Speaker, I reserve the balance of my time.
Mr. HAYWORTH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I thank my friend, the gentleman from American Samoa
(Mr. Faleomavaega). For purposes of full disclosure, we should point
out he is quite right. In fact, both the University of Arizona and
Arizona State University have enjoyed great success with athletes from
American Samoa, and for purposes of full disclosure, my alma mater,
N.C. State, enjoyed the services of Niko Noga as middle guard.
We appreciate the athletic prowess of our friends, but more than
football, and obviously, we are focused on this possibility, but in
spite of football you can see, really, we are looking at financial
opportunities and economic possibilities for the Gila River Indian
Community, much like the Salt River Pima-Maricopa Community, also in my
district, has enjoyed. So this legislation which we join together in a
bipartisan fashion to champion today is all about economic opportunity.
That is the real possibility we champion here today, even as we
certainly tip our rhetorical cap to the great athletes of American
Samoa who have performed so admirably in the State of Arizona.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I think this is also a classic example where we find
that we recognize the sovereignty of our Native American people, but at
the same time we also recognize that there is a sense of flexibility
where if there are problems that are needful, not only from the
business community, to allow issues that need to be taken or arbitrated
or adjudicated, be taken to the Federal courts. I think this is an
example of where the States and the tribes can work together and
provide solutions to whatever problems arise. I think this legislation
provides for that.
Mr. Speaker, again I commend both of my friends, the gentlemen from
Arizona (Mr. Pastor and Mr. Hayworth) for working together with our
Indian tribes and with the members of the business community of Arizona
that we now have provided a resolution to the problem that we have been
faced with.
I commend my good friend for his efforts.
Mr. Speaker, I yield back the balance of my time.
Mr. HAYWORTH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, again I would thank my friend, the gentleman from
American Samoa (Mr. Faleomavaega), and let me simply say that it is my
hope that this example can be replicated to offer economic opportunity
throughout the width and breadth of Indian country as we move in the
days ahead. I would urge my colleagues to support the legislation.
Mr. PASTOR. Mr. Speaker, I rise today as an original co-sponsor of
this important legislation which will help to bring needed economic
development opportunities to the Gila River Indian Community located in
Phoenix.
In recent months, there have been many inquiries to the Gila River
Indian Community from potential tenants for purposes of creating
establishment of business. These businesses will not only provide
needed job opportunities, but also serve the consumers of Phoenix.
However, one of the persistent questions of potential tenants
concerns how lease disputes might be resolved. Many of the Community's
commercial contracts provide for arbitration of disputes. They further
provide that the agreement to arbitrate may be enforced in either
Tribal or Federal Court. There exists, however, an unusual and
troubling circumstance associated with this practice. Unfortunately,
some tenants and their lenders are uncomfortable with the use of Tribal
Courts, and Federal Courts generally lack jurisdiction over landlord-
tenant disputes.
This legislation is simply an attempt to make potential business
developers and their lenders more comfortable with the method used to
settle any disputes or disagreements.
A similar arrangement is already in place with the Salt River Pima-
Maricopa Indian Community, and it is my understanding that there has
never been any Federal Court litigation filed since the statute was
adopted almost 20 years ago. Still, the statute has provided assurances
and peace of mind to the businesses who have located there. This
legislation would virtually establish the same legal proceedings and
options for the Gila River Indian Community.
The Gila River Indian Community fully supports this legislation.
Mr. Speaker, again, I wish to express my support for this legislation
and ask my colleagues to vote for passage.
Mr. HAYWORTH. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Culberson). The question is on the
motion offered by the gentleman from Arizona (Mr. Hayworth) that the
House suspend the rules and pass the bill, H.R. 3985.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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