[Congressional Record Volume 154, Number 82 (Monday, May 19, 2008)]
[House]
[Pages H4075-H4078]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SOBOBA BAND OF LUISENO INDIANS SETTLEMENT ACT
Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4841) to approve, ratify, and confirm the settlement
agreement entered into to resolve claims by the Soboba Band of Luiseno
Indians relating to alleged interferences with the water resources of
the Tribe, to authorize and direct the Secretary of the Interior to
execute and perform the Settlement Agreement and related waivers, and
for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4841
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Soboba Band of Luiseno
Indians Settlement Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The Soboba Band of Luiseno Indians is a federally
recognized Indian tribe whose Reservation of approximately
6,000 acres, extending east and north from the banks of the
San Jacinto River in Riverside County, California, was
created by an Executive Order dated June 19, 1883, and
enlarged and modified by subsequent Executive Orders,
purchases, and an Act of Congress.
(2) The Tribe's water rights have not been quantified, and
the Tribe has asserted claims for interferences with the
water resources of its Reservation, which the Tribe maintains
have rendered much of the Tribe's Reservation useless for
habitation, livestock, or Agriculture. On April 20, 2000, the
Tribe filed a lawsuit against The Metropolitan Water District
of Southern California for interference with the Tribe's
water resources and damages to its Reservation allegedly
caused by Metropolitan's construction and operation of the
San Jacinto Tunnel, which is part of the Colorado River
Aqueduct. The lawsuit, styled Soboba Band of Luiseno Indians
v. Metropolitan Water District of Southern California, No.
00-04208 GAF (MANx), is pending in the United States District
Court for the Central District of California.
(3) The Tribe also has made claims against Eastern
Municipal Water District and Lake Hemet Municipal Water
District, located adjacent to the Reservation, seeking to
secure its water rights and damages arising from alleged past
interference with the Tribe's water resources.
(4) After negotiations, which included participation by
representatives of the Tribe, the United States on behalf of
the Tribe, The Metropolitan Water District of Southern
California, Eastern Municipal Water District, and Lake Hemet
Municipal Water District, a Settlement Agreement has been
developed to determine the Tribe's water rights, resolve all
of its claims for interference with the water resources of,
and damages to, its Reservation, provide for the construction
of water projects to facilitate the exercise of the Tribe's
rights, and resolve the lawsuit referenced in paragraph (2)
of this section.
(5) The Settlement Agreement provides that--
(A) Eastern Municipal Water District and Lake Hemet
Municipal Water District acknowledge and assure the Tribe's
prior and paramount right, superior to all others, to pump
9,000 acre-feet of water annually from the San Jacinto River
basin in accordance with the limitations and other conditions
set forth in the Settlement Agreement;
(B) Eastern Municipal Water District and The Metropolitan
Water District of Southern California will contract to supply
water to Eastern Municipal Water District and Eastern
Municipal Water District will use this water to recharge
water supplies into the basin; and
(C) the three water districts will make substantial
additional contributions to the settlement, including the
conveyance of certain replacement lands and economic
development funds to the Tribe, to carry out the Settlement
Agreement's provisions.
(b) Purposes.--The purposes of this Act are--
(1) to approve, ratify, and confirm the Settlement
Agreement entered into by the Tribe and non-Indians entities;
(2) to achieve a fair, equitable, and final settlement of
all claims of the Soboba Band of Luiseno Indians, its
members, and the United States on behalf of the Tribe and its
members, to the water of the San Jacinto River basin;
(3) to authorize and direct the Secretary of the Interior
to execute and perform all obligations of the Secretary under
the Settlement Agreement; and
(4) to authorize the actions and appropriations necessary
to meet obligations of the United States under the Settlement
Agreement and this Act.
[[Page H4076]]
SEC. 3. DEFINITIONS.
In this Act:
(1) Restoration fund.--The term ``Restoration Fund'' means
the San Jacinto Basin Restoration Fund established by section
6.
(2) Development fund.--The term ``Development Fund'' means
the Soboba Band of Luiseno Indians Water Development Fund
established by section 7.
(3) Reservation.--
(A) In general.--The term ``Reservation'' means the Soboba
Indian Reservation created by Executive Order dated June 19,
1883, and enlarged and modified as of the date of enactment
of this Act by Executive Orders and an Act of Congress.
(B) Exclusions.--For the purposes of this Act, the term
``Reservation'' does not include--
(i) the 950 acres northwest of and contiguous to the
Reservation known as the ``Jones Ranch'', purchased by the
Soboba Tribe in fee on July 21, 2001, and placed into trust
on January 13, 2003;
(ii) the 535 acres southeast of and contiguous to the
Reservation known as the ``Horseshoe Grande'', purchased by
the Soboba Tribe in fee in seven separate transactions in
June and December 2001, December 2004, June 2006, and January
2007; and
(iii) the 478 acres north of and contiguous to the
Reservation known as ``The Oaks'', purchased by the Soboba
Tribe in fee on April 4, 2004.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or a designee of the Secretary.
(5) Settlement agreement.--The term ``Settlement
Agreement'' means that agreement dated June 7, 2006, as
amended to be consistent with this Act, together with all
exhibits thereto. The parties to the Settlement Agreement are
the Soboba Band of Luiseno Indians and its members, the
United States on behalf of the Tribe and its members, The
Metropolitan Water District of Southern California, Eastern
Municipal Water District, and Lake Hemet Municipal Water
District.
(6) Tribe, soboba tribe, or soboba band of luiseno
indians.--The terms ``Tribe'', ``Soboba Tribe'', or ``Soboba
Band of Luiseno Indians'' means the body politic and
federally recognized Indian tribe, and its members.
(7) Water management plan.--The term ``Water Management
Plan'' means the plan, approved by the Soboba Tribe and the
Secretary, developed pursuant to section 4.8, paragraph A of
the Settlement Agreement to resolve the overdraft of the San
Jacinto basin.
SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT; AUTHORIZATION.
(a) In General.--The United States hereby approves,
ratifies, and confirms the Settlement Agreement, except to
the extent it conflicts with the provisions of this Act.
(b) Authorization.--The Secretary is authorized and
directed to execute, and take such other actions as are
necessary to implement, the Settlement Agreement and any
amendments approved by the parties necessary to make the
Settlement Agreement consistent with this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Restoration Fund.--There is authorized to be
appropriated to the San Jacinto Basin Restoration Fund
established in section 6 of this Act the amount of $5,000,000
for each of fiscal years 2010 and 2011 to pay or reimburse
the costs associated with constructing, operating, and
maintaining the portion of the basin recharge project that
the United States is responsible for under the Settlement
Agreement. These costs are described in section 4.5 of the
Settlement Agreement and are necessary to accommodate
deliveries of the supplemental imported water under section
4.4 of the Settlement Agreement.
(b) Development Fund.--There is authorized to be
appropriated to the Soboba Band of Luiseno Indians Water
Development Fund established in section 7 of this Act the
amount of $5,500,000 for each of fiscal years 2010 and 2011
to pay or reimburse costs associated with constructing,
operating, and maintaining water and sewage infrastructure,
and other water-related development projects.
(c) Limitation.--No funding of any construction, operation,
maintenance, or replacement other than those funds authorized
under subsections (a) and (b) shall be the responsibility of
the Federal Government under the Settlement Agreement or this
Act.
SEC. 6. RESTORATION FUND.
(a) Establishment.--There shall be established within the
Treasury of the United States a non-interest bearing account
to be known as the ``San Jacinto Basin Restoration Fund'',
consisting of the amounts authorized to be appropriated in
section 5(a) of this Act.
(b) Administration.--The Restoration Fund shall be
administered by the Secretary for the purposes set forth in
subsection (d) of this section.
(c) Availability.--The funds authorized to be appropriated
pursuant to section 5(a) of this Act shall be available for
expenditure or withdrawal only after the effective date set
forth in section 10(a).
(d) Expenditures and Withdrawals.--
(1) Expenditure plan.--
(A) In general.--Eastern Municipal Water District, on
behalf of the Water Management Plan, shall submit to the
Secretary for approval an expenditure plan for use of the
Restoration Fund.
(B) Requirements.--The expenditure plan shall require that
any funds be expended or reimbursed in accordance with the
purposes described in section 5(a) of this Act.
(2) Withdrawals.--On approval by the Secretary of the
expenditure plan described in this section, Eastern Municipal
Water District, on behalf of the Water Management Plan, may
expend or be reimbursed monies from the Restoration Fund as
provided in the plan.
(3) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any
expenditure plan to ensure that monies expended or reimbursed
from the Restoration Fund under the plan are used in
accordance with this Act.
(4) Liability.--If Eastern Municipal Water District, on
behalf of the Water Management Plan, exercises the right to
expend or be reimbursed monies from the Restoration Fund,
neither the Secretary nor the Secretary of the Treasury shall
have any liability for the expenditure or reimbursement.
(5) Annual report.--Eastern Municipal Water District shall
submit to the Tribe and the Secretary an annual report that
describes all expenditures or reimbursements from the
Restoration Fund during the year covered by the report.
SEC. 7. DEVELOPMENT FUND.
(a) Establishment.--There shall be established within the
Treasury of the United States a fund to be known as the
``Soboba Band of Luiseno Indians Water Development Fund'', to
be managed and invested by the Secretary consisting of the
amounts authorized to be appropriated in section 5(b).
(b) Management.--The Secretary shall manage the Development
Fund, make investments, and make monies available for
distribution consistent with the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.)
(referred to in this section as the ``Trust Fund Reform
Act''), this Act, and the Settlement Agreement.
(c) Investment.--The Secretary shall invest amounts in the
Development Fund in accordance with--
(1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25
U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (52 Stat.
1037, ch. 648, 25 U.S.C. 162a); and
(3) subsection (b) of this section.
(d) Availability.--The funds authorized to be appropriated
pursuant to section 5(b) of this Act shall be available for
expenditure or withdrawal only after the effective date set
forth in section 10(a).
(e) Expenditures and Withdrawals.--
(1) Tribal management plan.--
(A) In general.--The Tribe may withdraw all or part of the
Development Fund on approval by the Secretary of a tribal
management plan as described in the Trust Fund Reform Act.
(B) Requirements.--In addition to the requirements under
the Trust Fund Reform Act, the tribal management plan shall
require that any funds be expended or reimbursed in
accordance with the purposes described in section 5(b) of
this Act.
(C) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that monies withdrawn from the
Development Fund under the plan are used in accordance with
this Act.
(D) Liability.--If the Tribe exercises the right to
withdraw monies from the Development Fund, neither the
Secretary nor the Secretary of the Treasury shall retain any
liability for the expenditure or investment.
(2) Expenditure plan.--
(A) In general.--The Tribe shall submit to the Secretary
for approval an expenditure plan for any portion of the
amounts made available under section 5(b) that the Tribe does
not withdraw under this subsection.
(B) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, amounts of the
Tribe remaining in the Funds will be used.
(C) Approval.--On receipt of an expenditure plan under
subparagraph (A), the Secretary shall approve the plan if the
Secretary determines that the plan is reasonable and
consistent with this Act and the Agreement.
(3) Annual report.--The Tribe shall submit to the Secretary
an annual report that describes all expenditures from the
Development Fund during the year covered by the report.
(4) No per capita distributions.--No part of the
Development Fund shall be distributed on a per capita basis
to members of the Tribe.
SEC. 8. WAIVERS AND RELEASES.
(a) Tribe and United States Authorization.--The Tribe, on
behalf of itself and its members, and the Secretary, on
behalf of the United States in its capacity as trustee for
the Tribe and its members, are authorized, as part of the
performance of their obligations under the Settlement
Agreement, to execute a waiver and release for claims under
Federal, State, or other law against The Metropolitan Water
District of Southern California, Eastern Municipal Water
District, and Lake Hemet Municipal Water District, for any
and all--
(1) past, present, and future claims to surface water and
groundwater rights for the Reservation arising from time
immemorial through the effective date described in section 10
of this Act and anytime thereafter, except claims to enforce
the Settlement Agreement or claims based on water rights
acquired after the effective date described in section 10 of
this Act;
(2) past, present, and future claims for injury of any kind
arising from interference with surface water and groundwater
resources and water rights of the Reservation, including, but
not limited to, all claims for injury to the Tribe's use and
enjoyment of the Reservation, economic development, religion,
language, social structure and culture, and injury to the
natural resources of the Reservation, from time immemorial
through the effective date described in section 10 of this
Act;
(3) past, present, and future claims for injury of any kind
arising from, or in any way related to, continuing
interference with surface water and groundwater resources and
water rights of
[[Page H4077]]
the Reservation, including the full scope of claims defined
in section 5.1, paragraph A(2) of the Settlement Agreement,
to the extent that such continuing interference began prior
to the effective date described in section 10 of this Act,
from time immemorial through the effective date described in
section 10 of this Act and anytime thereafter;
(4) past, present, and future claims for injury of any kind
arising from, or in any way related to, seepage of water into
the San Jacinto Tunnel, including the full scope of claims
defined in section 5.1, paragraph A(2) of the Settlement
Agreement, from time immemorial through the effective date
described in section 10 of this Act and anytime thereafter;
and
(5) past, present, and future claims for injury of any kind
arising from, or in any way related to, the Water Management
Plan as approved in accordance with the Settlement Agreement,
from time immemorial through the effective date described in
section 10 of this Act and anytime thereafter.
(b) Tribal Waivers Against the United States.--
(1) In general.--The Tribe is authorized, as part of the
performance of its obligations under the Settlement
Agreement, to execute a waiver and release for claims against
the United States (acting in its capacity as trustee for the
Tribe or its members, or otherwise acting on behalf of the
Tribe or its members), including any agencies, officials, or
employees thereof, for any and all--
(A) claims described in subsection (a) of this section;
(B) past, present, and future claims for failure to acquire
or develop water rights and water resources of the
Reservation arising from time immemorial through the
effective date described in section 10 of this Act and
anytime thereafter;
(C) past, present, and future claims for failure to protect
water rights and water resources of the Reservation arising
from time immemorial through the effective date described in
section 10 of this Act, and any past, present, and future
claims for any continuing failure to protect water rights and
water resources of the Reservation, arising from time
immemorial through the effective date described in section 10
of this Act and, to the extent that such continuing failure
to protect began before the effective date described in
section 10 of this Act, anytime thereafter;
(D) past, present, and future claims arising from the
failure of any non-Federal Party to fulfill the terms of the
Settlement Agreement at anytime; and
(E) past, present, and future claims arising out of the
negotiation of the Settlement Agreement or the negotiation
and enactment of this Act, or any specific terms of
provisions thereof, including, but not limited to, the
Tribe's consent to limit the number of participant parties to
the Settlement Agreement.
(2) Effectiveness of waivers against the united states.--
(A) In general.--The waiver and release contained in this
subsection shall take effect on the date on which all of the
amounts authorized under sections 5(a) and 5(b) are
appropriated.
(B) Periods of limitation; equitable claims.--
(i) In general.--All periods of limitation and time-based
equitable defenses applicable to the claims set forth in
paragraph (1) are tolled for the period between the date of
enactment of this Act until the date on which the amounts
authorized under sections 5(a) and 5(b) are appropriated.
(ii) Effect of subparagraph.--This subparagraph neither
revives any claim nor tolls any period of limitation or time-
based equitable defense that may have expired before the date
of enactment of this Act.
(C) Defense.--The making of the amounts of appropriations
authorized under sections 5(a) and 5(b) shall constitute a
complete defense to any claim which involves the claims set
forth in paragraph (b)(1) pending in any court of the United
States on the date on which the appropriations are made.
SEC. 9. MISCELLANEOUS PROVISIONS.
(a) Jurisdiction.--
(1) No effect on subject matter jurisdiction.--Nothing in
the Agreement or this Act restricts, enlarges, or otherwise
determines the subject matter jurisdiction of any Federal,
State, or Tribal court.
(2) Judgment and decree.--The United States consents to
jurisdiction in the United States District Court for the
Central District of California case known as Soboba Band of
Luiseno Indians v. Metropolitan Water District of Southern
California, No. 00-04208 for the purpose of obtaining
approval for a judgment and decree substantially the same as
the judgment and decree attached to the Settlement Agreement
as exhibit H.
(3) Effect of subsection.--Nothing in this subsection
confers jurisdiction on any State court to--
(A) enforce Federal environmental laws regarding the duties
of the United States; or
(B) conduct judicial review of Federal agency action.
(b) Use of Water.--
(1) Tribal use.--With respect to water rights made
available under the Settlement Agreement--
(A) the Tribe may use water made available to it under the
Settlement Agreement for any use it deems advisable on the
Reservation and on any other lands it owns or may acquire, in
fee or in trust, contiguous to the Reservation or within the
area of the groundwater basin described in section 2.4 of the
Settlement Agreement;
(B) such water rights shall be held in trust by the United
States in perpetuity, and shall not be subject to forfeiture
or abandonment; and
(C) State law shall not apply to the Tribe's use of water
made available to it under the Settlement Agreement.
(2) Non-tribal use.--
(A) Contracts and options.--Subject to the limitations in
subparagraph (B), the Tribe may enter into contracts and
options to lease or contracts and options to exchange water
made available to it under the Settlement Agreement, or enter
into contracts and options to postpone existing water uses or
postpone undertaking new or expanded water uses.
(B) Limitations on non-tribal use.--
(i) Consistency with water management plan.--Any water made
available under subparagraph (A) shall only be used by
participants in, or other users within the area of, the Water
Management Plan described in section 2.32 of the Settlement
Agreement.
(ii) Prohibition on permanent alienation.--No contract
under subparagraph (A) shall be for a term exceeding one
hundred years, nor shall any contract under subparagraph (A)
provide for permanent alienation of any portion of the water
rights made available under the Settlement Agreement.
(C) Liability.--The Secretary shall not be liable to any
party, including the Tribe, for any term of, or any loss or
other detriment resulting from, a lease or contract entered
into pursuant to this subparagraph.
(c) Retention of Rights.--
(1) In the event the waivers and releases set out in
section 8 of this Act do not become effective pursuant to
section 10(a) of this Act, the Soboba Tribe and the United
States shall retain the right to assert all rights and claims
enumerated in section 8, and any claims or defenses of the
parties to the Settlement Agreement shall also be retained.
(2) The parties expressly reserve all rights not
specifically granted, recognized, waived, or released by the
Settlement Agreement or this Act.
(3) Notwithstanding the waivers and releases set forth in
section 8(a), the United States retains all claims relating
to violations of the Clean Water Act, the Safe Drinking Water
Act, the Comprehensive Environmental Response, Compensation,
and Liability Act, Resource Conservation and Recovery Act,
and the regulations implementing these Acts, including, but
not limited to claims related to water quality.
(d) Precedent.--Nothing in this Act establishes any
standard for the quantification or litigation of Federal
reserved water rights or any other Indian water claims of any
other Indian tribes in any other judicial or administrative
proceeding.
(e) Other Indian Tribes.--Nothing in the Settlement
Agreement or this Act shall be construed in any way to
quantify or otherwise adversely affect the water rights,
claims, or entitlements to water of any Indian tribe, band,
or community, other than the Soboba Tribe.
(f) Environmental Compliance.--
(1) Signing by the Secretary of the Settlement Agreement
does not constitute major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) The Secretary is directed to carry out all
environmental compliance required by Federal law in
implementing the Agreement.
SEC. 10. EFFECTIVE DATE.
(a) In General.--The waivers and releases authorized in
subsection (a) of section 8 of this Act shall become
effective as of the date the Secretary causes to be published
in the Federal Register a statement of findings that--
(1) this Act has been enacted;
(2) to the extent that the Settlement Agreement conflicts
with this Act, the Settlement Agreement has been revised to
conform with the Act;
(3) the Settlement Agreement, revised as necessary, and the
waivers and releases described in article 5 of the Settlement
Agreement and section 8(a) of this Act have been executed by
the parties and the Secretary;
(4) warranty deeds for the property to be conveyed to the
Tribe described in section 4.6 of the Settlement Agreement
have been placed in escrow;
(5) the Tribe and the Secretary have approved the Water
Management Plan; and
(6) the judgment and decree attached to the Settlement
Agreement as exhibit H or a judgment and decree substantially
the same as exhibit H has been approved by the United States
District Court, Eastern Division of the Central District of
California, and that judgment and decree has become final and
nonappealable.
(b) Deadline for Effective Date.--If the conditions
precedent required under subsection (a) of this section have
not been fulfilled by March 1, 2012, the Settlement Agreement
and this Act shall not thereafter be effective and shall be
null and void, and any funds and the interest accrued thereon
appropriated pursuant to section 5 shall revert to the
general fund of the United States Treasury.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Guam (Ms. Bordallo) and the gentleman from California (Mr. Issa) each
will control 20 minutes.
The Chair recognizes the gentlewoman from Guam.
General Leave
Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 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
gentlewoman from Guam?
There was no objection.
Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
[[Page H4078]]
H.R. 4841, as introduced by our colleague, Congresswoman Mary Bono
Mack, would bring resolution to the water rights claims for the Soboba
Band of Luiseno Indians and ratify a settlement agreement between many
municipalities and the Tribe. This bill has received bipartisan
support, including support from the administration, so we have no
objection to this noncontroversial bill.
Mr. Speaker, I reserve the balance of my time.
Mr. ISSA. Mr. Speaker, I yield 5 minutes to the gentlewoman from
California (Mrs. Bono Mack), the author of this important bill.
Mrs. BONO MACK. I thank my dear colleague in the neighboring district
from California for yielding me time.
I rise today in strong support of H.R. 4841, the Soboba Band of
Luiseno Indians Settlement Act. This legislation is the product of
decades of litigation and negotiations relating to the water rights of
the Soboba Tribe. The courts ruled on the legitimacy of their rights
and were able to determine that serious damages were suffered by the
Tribe from the diversion of their water resources. In the years
following that decision, the Tribe, local water districts, cities and
other stakeholders spent years at the table working out a solution that
was in the best interests of the entire region.
Bobby Salgado, the Chairman of the Tribe, tells the story well of how
his tribal members saw their lives changed when their water resources
drastically decreased. Chairman Salgado testified to the House Natural
Resources Committee about how he and others would take gym class first
thing in the morning during school just so that they could take showers
that day.
All of the partners to this agreement recognize Southern California's
water needs are serious and are best addressed through approaches that
are mindful of supply needs and new water use practices. This
legislation embodies the linchpin for a comprehensive basin-wide water
management plan in the Jacinto River Valley.
Finally, I would like to thank Chairman Rahall, Ranking Member Young,
Chairwoman Napolitano and Ranking Member McMorris Rodgers, along with
their staffs, for helping quickly bring this legislation to the floor.
I would like to also thank Chris Foster from my staff for his hard work
on this bill.
I urge my colleagues to join me in supporting this bipartisan
legislation, H.R. 4841.
Ms. BORDALLO. Mr. Speaker, I reserve the balance of my time.
Mr. ISSA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is one of countless examples of Indian sovereignty
that has in fact been put below the sovereignty of any other landowner,
the sovereignty of any other city, municipality or county.
This is an important bill, but I think in passage today and tomorrow
it is very clear that it marks a trend back toward recognizing that
Native American tribes have had things taken from them in the past, had
to go to court, in Federal Court win, and then find that they have to
continue year after year in order to get these rights. Had this been a
normal county or private landowner, I strongly suspect this would have
been restored years earlier.
So I commend the gentlewoman, my colleague in an adjacent district,
for bringing this important legislation, ending once and for all an
injustice.
Mr. Speaker, I yield back the balance of my time.
Ms. BORDALLO. Mr. Speaker, I again urge all the Members to support
this bill.
I wish at this time to thank my colleague, the gentleman from
California (Mr. Issa), who has managed these bills on the floor with me
today.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules
and pass the bill, H.R. 4841, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ISSA. 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 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________