[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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