[Congressional Record Volume 151, Number 156 (Wednesday, December 7, 2005)]
[House]
[Pages H11149-H11150]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    BINDING ARBITRATION FOR GILA RIVER INDIAN COMMUNITY RESERVATION 
                               CONTRACTS

  Mr. HAYWORTH. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 327) to allow binding arbitration clauses to be included in 
all contracts affecting land within the Gila River Indian Community 
Reservation.
  The Clerk read as follows:

                                H.R. 327

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

     SECTION 1. BINDING ARBITRATION FOR GILA RIVER INDIAN 
                   COMMUNITY RESERVATION CONTRACTS.

       (a) Amendments.--Subsection (f) of the first section of the 
     Act of August 9, 1955 (25 U.S.C. 415(f)), is amended--
       (1) in the first sentence--
       (A) by striking ``Any lease'' and all that follows through 
     ``affecting land'' and inserting ``Any contract, including a 
     lease, affecting land''; and
       (B) by striking ``such lease or contract'' and inserting 
     ``such contract''; and
       (2) in the second sentence, by striking ``Such leases or 
     contracts entered into pursuant to such Acts'' and inserting 
     ``Such contracts''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in Public Law 107-159 (116 
     Stat. 122).

  The SPEAKER pro tempore (Mr. Simpson). Pursuant to the rule, the 
gentleman from Arizona (Mr. Hayworth) and the gentleman from Arizona 
(Mr. Grijalva) each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. HAYWORTH. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. HAYWORTH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 327 was introduced by Representative Grijalva, my 
colleague from Arizona; and I join him as an original cosponsor.
  This bill is to allow binding arbitration clauses to be included in 
all contracts, including leases affecting lands within the Gila River 
Indian Community in the State of Arizona. Without such binding 
arbitration clauses, many investors would not be interested in doing 
business with the tribe because there would be no means of enforcing 
contracts.
  Unfortunately, an amendment to a related provision of law has made it 
unclear whether the tribe may put the binding arbitration clauses into 
all of its contracts and leases. This bill clarifies that the tribe may 
include binding arbitration clauses in all contracts for business 
developments on its reservation.
  It is a simple, but much-needed, bill with bipartisan support. I am 
glad to see my good friend on the other side of the aisle here.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. GRIJALVA asked and was given permission to revise and extend his 
remarks.)
  Mr. GRIJALVA. Mr. Speaker, first let me thank my colleague from 
Arizona and the delegation from Arizona for their support of this bill, 
a very critical adjustment, as my friend from Arizona just said.
  Mr. Speaker, I rise in strong support of H.R. 327, and I urge its 
passage today. I am very pleased we are considering this bill in the 
House, and I would like to thank Chairman Pombo and Ranking Member 
Rahall for making this bill a priority. As I stated earlier, my 
appreciation goes to the entire Arizona delegation for their support. I 
greatly appreciate that the Resources Committee leadership recognizes 
the importance of encouraging the self-reliance of the Native people in 
their district so they can move closer to full economic development for 
their areas.
  Mr. RAHALL. Mr. Speaker, I ask unanimous consent to revise and extend 
my remarks. I yield myself such time as I may consume.
  I rise in strong support of this legislation and to congratulate our 
colleague from Arizona, Raul Grijalva. Mr. Grijalva has worked 
tirelessly over the last several months to bring this bill before us. 
Once enacted, this legislation will enhance and assist the Gila River 
Indian Community in Arizona with all new business ventures.
  Mr. Grijalva's provision would authorize the Gila River Indian 
Community to enter into contracts with outside businesses and agree to 
binding arbitration if a problem arises from the contract work. This 
will remove a hurdle to economic development for the Gila River 
Community.
  One serious problem which runs throughout Indian country is a 
hesitancy by non-Indian businesses to enter into large, long-term 
contracts with Indian tribes out of concern for the competency of 
tribal courts. The ability of the tribe to agree, at the start, to 
binding arbitration has been shown to ease concerns of non-Indian 
businesses. An additional component needed is to strengthen tribal 
courts, which is

[[Page H11150]]

yet another issue Mr. Grijalva has been working on for Indian tribes.
  I pay tribute to Congressman Grijalva for his tenacity in getting 
this bill moved through the House and urge all of our colleagues to 
support passage of H.R. 327.
  I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. HAYWORTH. Mr. Speaker, again I thank my colleague from Arizona; 
and, likewise, I have no additional requests for time, and I yield back 
the balance of my time and urge passage of H.R. 327.
  The SPEAKER pro tempore. 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. 327.
  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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