[Congressional Record Volume 154, Number 146 (Monday, September 15, 2008)]
[House]
[Pages H8058-H8062]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  SHOSHONE-PAIUTE TRIBES OF THE DUCK VALLEY RESERVATION WATER RIGHTS 
                             SETTLEMENT ACT

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5293) to approve the settlement of the water rights claims 
of the Shoshone-Paiute Tribes of the Duck Valley Reservation in Nevada, 
to require the Secretary of the Interior to carry out the settlement, 
and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5293

       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 ``Shoshone-Paiute Tribes of 
     the Duck Valley Reservation Water Rights Settlement Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) it is the policy of the United States, in accordance 
     with the trust responsibility of the United States to Indian 
     tribes, to promote Indian self-determination and economic 
     self-sufficiency and to settle Indian water rights claims 
     without lengthy and costly litigation, if practicable;
       (2) quantifying rights to water and development of 
     facilities needed to use tribal water supplies is essential 
     to the development of viable Indian reservation economies and 
     the establishment of a permanent reservation homeland;
       (3) uncertainty concerning the extent of the Shoshone-
     Paiute Tribes' water rights has resulted in limited access to 
     water and inadequate financial resources necessary to achieve 
     self-determination and self-sufficiency;
       (4) in 2006, the Tribes, the State of Idaho, the affected 
     individual water users, and the United States resolved all 
     tribal claims to water rights in the Snake River Basin 
     Adjudication through a consent decree entered by the District 
     Court of the Fifth Judicial District of the State of Idaho, 
     requiring no further Federal action to quantify the Tribes' 
     water rights in the State of Idaho;
       (5) as of the date of enactment of this Act, proceedings to 
     determine the extent and nature of the water rights of the 
     Tribes in the East Fork of the Owyhee River in Nevada are 
     pending before the Nevada State Engineer;
       (6) final resolution of the Tribes' water claims in the 
     East Fork of the Owyhee River adjudication will--
       (A) take many years;
       (B) entail great expense;
       (C) continue to limit the access of the Tribes to water, 
     with economic and social consequences;
       (D) prolong uncertainty relating to the availability of 
     water supplies; and
       (E) seriously impair long-term economic planning and 
     development for all parties to the litigation;
       (7) after many years of negotiation, the Tribes, the State, 
     and the upstream water users have entered into a settlement 
     agreement to resolve permanently all water rights of the 
     Tribes in the State; and
       (8) the Tribes also seek to resolve certain water-related 
     claims for damages against the United States.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to resolve outstanding issues with respect to the East 
     Fork of the Owyhee River in the State in such a manner as to 
     provide important benefits to--
       (A) the United States;
       (B) the State;
       (C) the Tribes; and
       (D) the upstream water users;
       (2) to achieve a fair, equitable, and final settlement of 
     all claims of the Tribes, members of the Tribes, and the 
     United States on behalf of the Tribes and members of Tribes 
     to the waters of the East Fork of the Owyhee River in the 
     State;
       (3) to ratify and provide for the enforcement of the 
     Agreement among the parties to the litigation;
       (4) to resolve the Tribes' water-related claims for damages 
     against the United States;
       (5) to require the Secretary to perform all obligations of 
     the Secretary under the Agreement and this Act; and
       (6) to authorize the actions and appropriations necessary 
     to meet the obligations of the United States under the 
     Agreement and this Act.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Agreement.--The term ``Agreement'' means the agreement 
     entitled the ``Agreement to Establish the Relative Water 
     Rights of the Shoshone-Paiute Tribes of the Duck Valley 
     Reservation and the Upstream Water Users, East Fork Owyhee 
     River'' and signed in counterpart between, on, or about 
     September 22, 2006, and January 15, 2007 (including all 
     attachments to that Agreement).
       (2) Development fund.--The term ``Development Fund'' means 
     the Shoshone-Paiute Tribes Water Rights Development Fund 
     established by section 8(b)(1).
       (3) East fork of the owyhee river.--The term ``East Fork of 
     the Owyhee River'' means the portion of the east fork of the 
     Owyhee River that is located in the State.
       (4) Maintenance fund.--The term ``Maintenance Fund'' means 
     the Shoshone-Paiute Tribes Operation and Maintenance Fund 
     established by section 8(c)(1).
       (5) Reservation.--The term ``Reservation'' means the Duck 
     Valley Reservation established by the Executive order dated 
     April 16, 1877, as adjusted pursuant to the Executive order 
     dated May 4, 1886, and Executive order numbered 1222 and 
     dated July 1, 1910, for use and occupation by the Western 
     Shoshones and the Paddy Cap Band of Paiutes.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) State.--The term ``State'' means the State of Nevada.
       (8) Tribal water rights.--The term ``tribal water rights'' 
     means rights of the Tribes described in the Agreement 
     relating to water, including groundwater, storage water, and 
     surface water.
       (9) Tribes.--The term ``Tribes'' means the Shoshone-Paiute 
     Tribes of the Duck Valley Reservation.
       (10) Upstream water user.--The term ``upstream water user'' 
     means a non-Federal water user that--
       (A) is located upstream from the Reservation on the East 
     Fork of the Owyhee River; and
       (B) is a signatory to the Agreement as a party to the East 
     Fork of the Owyhee River adjudication.

     SEC. 5. APPROVAL, RATIFICATION, AND CONFIRMATION OF 
                   AGREEMENT; AUTHORIZATION.

       (a) In General.--Except as provided in subsection (c) and 
     except to the extent that the Agreement otherwise conflicts 
     with provisions of this Act, the Agreement is approved, 
     ratified, and confirmed.
       (b) Secretarial Authorization.--The Secretary is authorized 
     and directed to execute the Agreement as approved by 
     Congress.
       (c) Exception for Tribal Water Marketing.--Notwithstanding 
     any language in the Agreement to the contrary, nothing in 
     this Act authorizes the Tribes to use or authorize others to 
     use tribal water rights off the Reservation, other than use 
     for storage at Wild Horse Reservoir for use on tribal land 
     and for the allocation of 265 acre feet to upstream water 
     users under the Agreement, or use on tribal land off the 
     Reservation.
       (d) Environmental Compliance.--Execution of the Agreement 
     by the Secretary under this section shall not constitute 
     major Federal action under the National Environmental Policy 
     Act (42 U.S.C. 4321 et seq.). The Secretary shall carry out 
     all environmental compliance required by Federal law in 
     implementing the Agreement.
       (e) Performance of Obligations.--The Secretary and any 
     other head of a Federal agency obligated under the Agreement 
     shall perform actions necessary to carry out an obligation 
     under the Agreement in accordance with this Act.

     SEC. 6. TRIBAL WATER RIGHTS.

       (a) In General.--Tribal water rights shall be held in trust 
     by the United States for the benefit of the Tribes.
       (b) Administration.--
       (1) Enactment of water code.--Not later than 3 years after 
     the date of enactment of this Act, the Tribes, in accordance 
     with provisions of the Tribes' constitution and subject to 
     the approval of the Secretary, shall enact a water code to 
     administer tribal water rights.
       (2) Interim administration.--The Secretary shall regulate 
     the tribal water rights during the period beginning on the 
     date of enactment of this Act and ending on the date on which 
     the Tribes enact a water code under paragraph (1).
       (c) Tribal Water Rights Not Subject to Loss.--The tribal 
     water rights shall not be subject to loss by abandonment, 
     forfeiture, or nonuse.

     SEC. 7. DUCK VALLEY INDIAN IRRIGATION PROJECT.

       (a) Status of the Duck Valley Indian Irrigation Project.--
     Nothing in this Act shall

[[Page H8059]]

     affect the status of the Duck Valley Indian Irrigation 
     Project under Federal law.
       (b) Capital Costs Nonreimbursable.--The capital costs 
     associated with the Duck Valley Indian Irrigation Project as 
     of the date of enactment of this Act, including any capital 
     cost incurred with funds distributed under this Act for the 
     Duck Valley Indian Irrigation Project, shall be 
     nonreimbursable.

     SEC. 8. DEVELOPMENT AND MAINTENANCE FUNDS.

       (a) Definition of Funds.--In this section, the term 
     ``Funds'' means--
       (1) the Development Fund; and
       (2) the Maintenance Fund.
       (b) Development Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Shoshone-Paiute 
     Tribes Water Rights Development Fund''.
       (2) Use of funds.--
       (A) Priority use of funds for rehabilitation.--The Tribes 
     shall use amounts in the Development Fund to--
       (i) rehabilitate the Duck Valley Indian Irrigation Project; 
     or
       (ii) for other purposes under subparagraph (B), provided 
     that the Tribes have given written notification to the 
     Secretary that--

       (I) the Duck Valley Indian Irrigation Project has been 
     rehabilitated to an acceptable condition; or
       (II) sufficient funds will remain available from the 
     Development Fund to rehabilitate the Duck Valley Indian 
     Irrigation Project to an acceptable condition after expending 
     funds for other purposes under subparagraph (B).

       (B) Other uses of funds.--Once the Tribes have provided 
     written notification as provided in subparagraph (A)(ii)(I) 
     or (A)(ii)(II), the Tribes may use amounts from the 
     Development Fund for any of the following purposes:
       (i) To expand the Duck Valley Indian Irrigation Project.
       (ii) To pay or reimburse costs incurred by the Tribes in 
     acquiring land and water rights.
       (iii) For purposes of cultural preservation.
       (iv) To restore or improve fish or wildlife habitat.
       (v) For fish or wildlife production, water resource 
     development, or agricultural development.
       (vi) For water resource planning and development.
       (vii) To pay the costs of--

       (I) designing and constructing water supply and sewer 
     systems for tribal communities, including a water quality 
     testing laboratory;
       (II) other appropriate water-related projects and other 
     related economic development projects;
       (III) the development of a water code; and
       (IV) other costs of implementing the Agreement.

       (3) Authorization of appropriations.--For each of fiscal 
     years 2009 through 2013, there is authorized to be 
     appropriated to the Secretary for deposit in the Development 
     Fund an amount equal to the sum of--
       (A) $9,000,000; and
       (B) the interest that would have accrued during the 
     preceding fiscal year on balances held in the Development 
     Fund, as calculated using the applicable rate for interest-
     bearing obligations of the United States.
       (c) Maintenance Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Shoshone-Paiute 
     Tribes Operation and Maintenance Fund''.
       (2) Use of funds.--The Tribes shall use amounts in the 
     Maintenance Fund to pay or provide reimbursement for--
       (A) operation, maintenance, and replacement costs of the 
     Duck Valley Indian Irrigation Project and other water-related 
     projects funded under this Act; or
       (B) operation, maintenance, and replacement costs of water 
     supply and sewer systems for tribal communities, including 
     the operation and maintenance costs of a water quality 
     testing laboratory.
       (3) Authorization of appropriations.--For each of fiscal 
     years 2009 through 2013, there is authorized to be 
     appropriated to the Secretary for deposit in the Maintenance 
     Fund an amount equal to the sum of--
       (A) $3,000,000; and
       (B) the interest that would have accrued during the 
     preceding fiscal year on balances held in the Maintenance 
     Fund, as calculated using the applicable rate for interest-
     bearing obligations of the United States.
       (d) Estimate of Accrued Interest.--The President's budget 
     submission shall include an estimate of the amount of 
     interest that would have accrued under the subsections 
     (b)(3)(B), (c)(3)(B), and (e)(2).
       (e) Additional Authorization of Appropriations of 
     Interest.--
       (1) In general.--There is authorized to be appropriated an 
     amount equal to the additional interest that would have 
     accrued on amounts in the Funds during the period beginning 
     on the date of completion of the event described in section 
     9(d)(3) and ending on the later of--
       (A) the date of completion of the event described in 
     section 9(d)(1); or
       (B) the date of completion of the event described in 
     section 9(d)(2).
       (2) Calculation.--The interest authorized to be 
     appropriated under paragraph (1) shall be calculated using 
     the applicable rate for interest-bearing obligations of the 
     United States.
       (f) Availability of Amounts From Funds.--Amounts made 
     available under subsections (b)(3), (c)(3), and (e) shall be 
     available for expenditure or withdrawal only after the 
     effective date as set forth in section 9(d).
       (g) Administration of Funds.--Upon completion of the 
     actions described in section 9(d), the Secretary, in 
     accordance with the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4001 et seq.) shall manage the 
     Funds, including by investing amounts from the Funds in 
     accordance with the Act of April 1, 1880 (25 U.S.C. 161), and 
     the first section of the Act of June 24, 1938 (25 U.S.C. 
     162a).
       (h) Expenditures and Withdrawal.--
       (1) Tribal management plan.--
       (A) In general.--The Tribes may withdraw all or part of 
     amounts in the Funds on approval by the Secretary of a tribal 
     management plan as described in the American Indian Trust 
     Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
       (B) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the tribal management plan shall 
     require that the Tribes spend any amounts withdrawn from the 
     Funds in accordance with the purposes described in subsection 
     (b)(2) or (c)(2).
       (C) Enforcement.--The Secretary may take judicial or 
     administrative action to enforce the provisions of any tribal 
     management plan to ensure that any amounts withdrawn from the 
     Funds under the plan are used in accordance with this Act and 
     the Agreement.
       (D) Liability.--If the Tribes exercise the right to 
     withdraw amounts from the Funds, neither the Secretary nor 
     the Secretary of the Treasury shall retain any liability for 
     the expenditure or investment of the amounts.
       (2) Expenditure plan.--
       (A) In general.--The Tribes shall submit to the Secretary 
     for approval an expenditure plan for any portion of the 
     amounts in the Funds that the Tribes do not withdraw under 
     the tribal management plan.
       (B) Description.--The expenditure plan shall describe the 
     manner in which, and the purposes for which, amounts of the 
     Tribes 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.
       (D) Annual report.--For each Fund, the Tribes shall submit 
     to the Secretary an annual report that describes all 
     expenditures from the Fund during the year covered by the 
     report.
       (3) Funding agreement.--Notwithstanding any other provision 
     of this Act, on receipt of a request from the Tribes, the 
     Secretary shall include an amount from funds made available 
     under this section in the funding agreement of the Tribes 
     under title IV of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 458aa et seq.), for use in 
     accordance with subsections (b)(2) and (c)(2). No amount made 
     available under this Act may be requested until the waivers 
     under section 9(a) take effect.
       (i) No Per Capita Payments.--No amount from the Funds 
     (including any amounts appropriated under subsections 
     (b)(3)(B), (c)(3)(B), and (e)(1) for interest income that 
     would have accrued to the Funds) shall be distributed to a 
     member of the Tribes on a per capita basis.

     SEC. 9. TRIBAL WAIVER AND RELEASE OF CLAIMS.

       (a) Waiver and Release of Claims by Tribes and United 
     States Acting as Trustee for Tribes.--In return for 
     recognition of the Tribes' water rights and other benefits as 
     set forth in the Agreement and this Act, the Tribes, on 
     behalf of themselves and their members, and the United States 
     acting in its capacity as trustee for the Tribes are 
     authorized to execute a waiver and release of--
       (1) all claims for water rights in the State of Nevada that 
     the Tribes, or the United States acting in its capacity as 
     trustee for the Tribes, asserted, or could have asserted, in 
     any proceeding, including pending proceedings before the 
     Nevada State Engineer to determine the extent and nature of 
     the water rights of the Tribes in the East Fork of the Owyhee 
     River in Nevada, up to and including the effective date, 
     except to the extent that such rights are recognized in the 
     Agreement or this Act; and
       (2) all claims for damages, losses or injuries to water 
     rights or claims of interference with, diversion or taking of 
     water rights (including claims for injury to lands resulting 
     from such damages, losses, injuries, interference with, 
     diversion, or taking of water rights) within the State of 
     Nevada that first accrued at any time up to and including the 
     effective date.
       (b) Waiver and Release of Claims by Tribes Against United 
     States.--The Tribes, on behalf of themselves and their 
     members, are authorized to execute a waiver and release of--
       (1) all claims against the United States, its agencies, or 
     employees, relating in any manner to claims for water rights 
     in or water of the States of Nevada and Idaho that the United 
     States acting in its capacity as trustee for the Tribes 
     asserted, or could have asserted, in any proceeding, 
     including pending proceedings before the Nevada State 
     Engineer to determine the extent and nature of the water 
     rights of the Tribes in the East Fork of the Owyhee River in 
     Nevada, or the Snake River Basin Adjudication in Idaho;

[[Page H8060]]

       (2) all claims against the United States, its agencies, or 
     employees relating in any manner to damages, losses, or 
     injuries to water, water rights, land, or other resources due 
     to loss of water or water rights (including damages, losses 
     or injuries to fishing and other similar rights due to loss 
     of water or water rights; claims relating to interference 
     with, diversion or taking of water; or claims relating to 
     failure to protect, acquire, replace, or develop water, water 
     rights or water infrastructure) within the States of Nevada 
     and Idaho that first accrued at any time up to and including 
     the effective date;
       (3) all claims against the United States, its agencies, or 
     employees relating to the operation, maintenance, or 
     rehabilitation of the Duck Valley Indian Irrigation Project 
     that first accrued at any time up to and including the date 
     upon which the Tribes notify the Secretary as provided in 
     section 8(b)(2)(A)(ii)(I) that the rehabilitation of the Duck 
     Valley Indian Irrigation Project under this Act to an 
     acceptable level has been accomplished;
       (4) all claims against the United States, its agencies, or 
     employees relating in any manner to the litigation of claims 
     relating to the Tribes' water rights in pending proceedings 
     before the Nevada State Engineer to determine the extent and 
     nature of the water rights of the Tribes in the East Fork of 
     the Owyhee River in Nevada or the Snake River Basin 
     Adjudication in Idaho; and
       (5) all claims against the United States, its agencies, or 
     employees relating in any manner to the negotiation, 
     execution, or adoption of the Agreement, exhibits thereto, 
     the decree referred to in subsection (d)(2), or this Act.
       (c) Reservation of Rights and Retention of Claims.--
     Notwithstanding the waivers and releases authorized in this 
     Act, the Tribes on their own behalf and the United States 
     acting in its capacity as trustee for the Tribes retain--
       (1) all claims for enforcement of the Agreement, the decree 
     referred to in subsection (d)(2), or this Act, through such 
     legal and equitable remedies as may be available in the 
     decree court or the appropriate Federal court;
       (2) all rights to acquire a water right in a State to the 
     same extent as any other entity in the State, in accordance 
     with State law, and to use and protect water rights acquired 
     after the date of enactment of this Act;
       (3) all claims relating to activities affecting the quality 
     of water including any claims the Tribes might have under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including 
     claims for damages to natural resources), the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.), the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.), and the 
     regulations implementing those Acts; and
       (4) all rights, remedies, privileges, immunities, and 
     powers not specifically waived and released pursuant to this 
     Act.
       (d) Effective Date.--Notwithstanding anything in the 
     Agreement to the contrary, the waivers by the Tribes, or the 
     United States on behalf of the Tribes, under this section 
     shall take effect on the date on which the Secretary 
     publishes in the Federal Register a statement of findings 
     that includes a finding that--
       (1) the Agreement and the waivers and releases authorized 
     and set forth in subsections (a) and (b) have been executed 
     by the parties and the Secretary;
       (2) the Fourth Judicial District Court, Elko County, 
     Nevada, has issued a judgment and decree consistent with the 
     Agreement from which no further appeal can be taken; and
       (3) the amounts authorized under subsections (b)(3) and 
     (c)(3) of section 8 have been appropriated.
       (e) Failure To Publish Statement of Findings.--If the 
     Secretary does not publish a statement of findings under 
     subsection (d) by March 31, 2016--
       (1) the Agreement and this Act shall not take effect; and
       (2) any funds and interest accrued thereon that have been 
     appropriated under this Act shall immediately revert to the 
     general fund of the United States Treasury.
       (f) Tolling of Claims.--
       (1) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim described in 
     this section shall be tolled for the period beginning on the 
     date of enactment of this Act and ending on the date on which 
     the amounts authorized to be appropriated under subsections 
     (b)(3) and (c)(3) of section 8 are appropriated.
       (2) Effect of subparagraph.--Nothing in this subparagraph 
     revives any claim or tolls any period of limitation or time-
     based equitable defense that expired before the date of 
     enactment of this Act.

     SEC. 10. MISCELLANEOUS.

       (a) General Disclaimer.--The parties to the Agreement 
     expressly reserve all rights not specifically granted, 
     recognized, or relinquished by--
       (1) the settlement described in the Agreement; or
       (2) this Act.
       (b) Limitation of Claims and Rights.--Nothing in this Act--
       (1) establishes a standard for quantifying--
       (A) a Federal reserved water right;
       (B) an aboriginal claim; or
       (C) any other water right claim of an Indian tribe in a 
     judicial or administrative proceeding;
       (2) affects the ability of the United States, acting in its 
     sovereign capacity, to take actions authorized by law, 
     including any laws relating to health, safety, or the 
     environment, including the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.), the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.) (commonly known as the ``Resource Conservation and 
     Recovery Act of 1976''), and the regulations implementing 
     those Acts;
       (3) affects the ability of the United States to take 
     actions, acting in its capacity as trustee for any other 
     Tribe, Pueblo, or allottee;
       (4) waives any claim of a member of the Tribes in an 
     individual capacity that does not derive from a right of the 
     Tribes; or
       (5) limits the right of a party to the Agreement to 
     litigate any issue not resolved by the Agreement or this Act.
       (c) Admission Against Interest.--Nothing in this Act 
     constitutes an admission against interest by a party in any 
     legal proceeding.
       (d) Reservation.--The Reservation shall be--
       (1) considered to be the property of the Tribes; and
       (2) permanently held in trust by the United States for the 
     sole use and benefit of the Tribes.
       (e) Jurisdiction.--
       (1) 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) Civil or regulatory jurisdiction.--Nothing in the 
     Agreement or this Act impairs or impedes the exercise of any 
     civil or regulatory authority of the United States, the 
     State, or the Tribes.
       (3) Consent to jurisdiction.--The United States consents to 
     jurisdiction in a proper forum for purposes of enforcing the 
     provisions of the Agreement.
       (4) Effect of subsection.--Nothing in this subsection 
     confers jurisdiction on any State court to--
       (A) interpret Federal law regarding the health, safety, or 
     the environment or determine the duties of the United States 
     or other parties pursuant to such Federal law; or
       (B) conduct judicial review of a Federal agency action.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Utah (Mr. Bishop) 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 legislative days in which to revise and extend their remarks 
and to 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 might 
consume.
  (Ms. BORDALLO asked and was given permission to revise and extend her 
remarks.)
  Ms. BORDALLO. The Shoshone-Paiute Tribes of Duck Valley Reservation 
Water Rights Settlement Act sponsored by our colleague from Nevada, 
Congressman Dean Heller, would ratify and finalize the tribes' water 
rights settlement agreement with the State of Nevada and with the 
United States. This bill has faced many obstacles, but through 
bipartisan work, it is here today.
  In the last few weeks of July, representatives from the Department of 
the Interior--the tribes and the staff--engaged in last-minute 
negotiations about the administration's concerns on waiver language. In 
the future, it is our hope that these concerns are addressed during 
committee consideration of legislation and not after the bill has been 
reported from the committee. We will work with the minority on 
addressing the need for more consistent waiver language in the next 
Congress. So I ask my colleagues to support the passage of H.R. 5293.
  I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I again yield myself such time as I 
may consume.
  This legislation authored by our colleague from Nevada (Mr. Heller) 
seeks to resolve the water claims associated with the Duck Valley 
Reservation in Nevada. This bill has undergone many changes. It 
reflects intense but good faith negotiations between the administration 
and staff on both sides of the aisle.
  The Democratic bill manager is correct in stating there is a need for 
consistency in waiver language, and while this bill's waiver language 
has been resolved for now, we have received commitments from the 
Democrats that

[[Page H8061]]

they will work together on applying consistent waiver language in all 
Indian water right settlements in the next Congress. I actually support 
this bill as well.
  I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, again, one of the things that has 
changed over the past 30 years is we've had the same policies that have 
brought us to the situation in which we are today. It is the pain that 
people have faced at the gas pumps. It has been one of those things 
that has been a shocking realization. The road on which we have been 
traveling for over 30 years is a road that is simply not working. 
Sometimes there are people who, unfortunately, are happy with the pain 
that Americans are going through at the pumps today.
  There was a former mayor of one of the major cities in Utah who did 
not like the fact that people were not living in his jurisdiction and 
were living across the county line. In an effort to punish them, he 
tried to insist that every effort to try and build more infrastructure 
and roads be hammered at every venue, at every opportunity. It looked 
at least from my side of that line as if it were punishment for 
actually deciding to live where you would want to live.
  I talked once at length at a television and radio interview about the 
issue that we have with energy and about the problems that people are 
facing with the energy crisis that we have right now. One of the 
callers called in and said, you know, what we need to do is to simply 
have more commuter rail service. Now, I don't quibble with that caller, 
because he's right. We need to have more commuter rail. That's one of 
the solutions that we have, but having more commuter rail lines does 
not solve the problem of the farmer who has to fill his tractor with 
diesel.
  For one of the farmers in my community, every time he fills up that 
tractor, it's $600 just to fill up one tractor. That is $600 for which 
he doesn't get reimbursed at the end of the week by putting in a 
voucher to his employer. It is $600 he has to eat until the end of the 
growing season when he may or may not receive money back for the sale 
of the goods that he produces.
  Commuter lines are great, but they don't help the trucker who still 
has to bring those products to market. Ninety-five percent of 
everything we consume comes to a store by way of truck, and commuter 
rail lines don't stop at grocery stores. Those truckers still have to 
be able to have the fuel necessary to bring the food to market. We 
sometimes forget there is a whole segue that is involved in this 
particular issue of our energy crisis and that everybody isn't part of 
it. It's in part of the agriculture that we need. It's in part of the 
trucking industry that we need. It's in part of the pain that people 
feel at the pump.
  Those people who are looking at what is coming out of their pockets 
week after week don't want us simply coming back here and talking about 
a highfalutin energy policy. It's not an energy policy to them. It is 
the way they cook their food. It is the way they heat their homes. It's 
whether they have a job or not. The pain at the pump is what people are 
feeling right now, but come this winter, there's going to be pain as 
the prices of heating their homes will increase by 20 to 30 percent.
  So far, the only solution this Congress seems to want to do to 
address that situation is to try to increase welfare payments or LIHEAP 
payments in some way rather than to go to the root cause of that 
problem, which is 30 years of mismanagement that we have had that 
brings us to this particular situation.
  It also means that food prices will be increasing because it is so 
much more difficult for the farmers to produce that food, for the 
processors to process that food, for the truck drivers to deliver that 
food. All of those are going to come as crisis after crisis after 
crisis if we do not address a comprehensive, all-of-the-above energy 
policy and do it now. For every week that we delay, we delay and 
continue on with the pain that real people are facing out there in 
America, and we are turning this country almost into a second class 
society.
  I had a principal once who was in the military before he went to 
education, and he always used to answer many of my requests with the 
old military phrase ``rank has its privileges.'' It is true. Rank has 
privileges. That's why, in class, I was able to drink a Dr. Pepper and 
my students could not, because rank had privileges. That's why I get to 
park in the Cannon building parking garage and my staff does not. Rank 
has privileges. Some people are able to write bills in the secrecy of 
their offices and to bring them directly to the floor because rank has 
privileges. Some people are able to establish an agenda here even 
though 136 Republicans came back here during the recess time and spoke 
on that floor, asking, begging, demanding that different types of votes 
be allowed to take place on this floor. It happens because rank has 
privileges. In addition to privileges, rank also has responsibilities, 
and part of the responsibility has to be to solve the real problem that 
real Americans are facing.
  When the Members met in Philadelphia to do their Constitution, a 
document we'll be celebrating in a couple of days, they were sent there 
to make minor adjustments to the Articles of Confederation, but they 
recognized that some of the States that had sent their instructions had 
also told them to go beyond that to solve the problem. What they 
decided was essential, not because it was what literally was put in 
front of them as their responsibilities, but what was essential to meet 
the needs of the people was to solve the problem.
  If we fail in this Congress to bring an all-of-the-above solution to 
the floor that is a real solution to real problems, we fail in our 
responsibility to Americans.
  Mr. Speaker, I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I thank the gentleman for his views and 
for his diplomatic approach to this important issue.
  I reserve the balance of my time.
  Mr. BISHOP of Utah. May I also yield as much time as she may consume 
to the gentlelady from Texas (Ms. Granger) who understands this issue 
completely and who understands the need of a real solution to the real 
problems facing real Americans.
  Ms. GRANGER. Mr. Speaker, week after week, we have implored the 
Speaker of the House to address the most important issue of our day, 
and that is the energy crisis. The gentleman from Utah (Mr. Bishop) 
outlined some of the severe problems that people are having and will 
continue to have until we address this and do what they expect us to 
do.
  We hear rumors and hints about the possibility of a bill coming to 
the floor and finally, perhaps, an announcement that we can have a vote 
on this energy crisis and its solutions.
  Mr. Speaker, when I first read in the newspaper that Speaker Pelosi 
had decided to open the Outer Continental Shelf for drilling, I thought 
it was too good to be true. Unfortunately, it turns out I was right. It 
really was too good to be true. While all of the headlines proclaimed 
that the House would finally get to vote on a real energy bill that 
expands domestic production, it simply wasn't true.
  The Democrats' latest energy plan lists the current moratorium on 
drilling in the Outer Continental Shelf and replaces it with a 
provision that virtually guarantees that no drilling will ever take 
place there. Democrats are proposing to ban all drilling up to 50 miles 
off the coast, cutting off all access to some of the most promising 
areas. Then between 50 and 100 miles of the coast, the Democratic plan 
leaves it up to the States to decide whether to allow drilling. 
However, their plan cleverly leaves out any incentives to the States to 
actually start drilling.
  Unlike the Democrats' bill, our all-of-the-above American Energy Act, 
which I'm proud to support, does not permanently lock up the most 
promising area for production. Instead, it allows the States to decide 
whether to allow drilling up to 50 miles off their coast, keeping those 
most promising areas available for consideration. It doesn't take an 
expert to see that by leaving out any sort of revenue sharing agreement 
my Democrat colleagues ensure that the States will have no real 
motivation to take any action whatsoever.
  The American Energy Act, on the other hand, provides appropriate 
incentives for the States to make sure they see some of the benefits of 
drilling off their shores. Our bill includes revenue

[[Page H8062]]

sharing to provide the States with the financial motivation they need 
to act. States could use those royalties to benefit their citizens as 
they see fit. At the same time, all Americans would benefit from lower 
energy prices. This is a real energy bill. This is what citizens expect 
and deserve from us.
  Mr. Speaker, it's time to stop playing games and wasting time. Let's 
have a straight up-or-down vote on the American Energy Act and give 
Americans the relief they deserve. They can't wait any longer and they 
shouldn't have to.
  Ms. BORDALLO. Mr. Speaker, I yield myself as much time as I may 
consume.
  Let me just note that the energy crisis must be addressed in a 
deliberative fashion, not by a bumper sticker's reading ``drill here; 
drill now'' approach that would have us drilling in the National Mall. 
We will have all of the bills but one that includes accountability and 
a bill that transitions us to a better future--we must wean ourselves 
from this addiction to oil.
  So we will have a vote.
  I reserve the balance of my time.

                              {time}  1500

  Mr. BISHOP of Utah. Mr. Speaker, I agree with everything that Ms. 
Bordallo just said in her comments, that we should have an energy 
policy that comes in a deliberative fashion, which means that the bills 
should be allowed to have committee process. They should be allowed to 
have public hearings. They should be allowed to have an open rule so 
that Members can amend them in committee or here on the floor. That is 
the deliberative process. Those are the rules that these people try to 
establish. That's the concept of the rules that these people try to 
establish so that we can go through this process.
  Everything she said is exactly accurate, except we're not going to do 
that. We're going to have a bill written in secret and unveiled on the 
floor. And if it, by chance, has an open rule, I'll be the very first 
one to be surprised and will probably apologize.
  But she is right. That is exactly, that is exactly what needs to take 
place.
  Mr. Speaker, I yield back the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I thank the gentleman for his comments. I 
will certainly be watching for transparency and accountability in this 
bill. And let us hope that this is included when we are debating on the 
floor. Mr. Speaker, I again urge Members to support the bill at hand.
  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. 5293, 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. BISHOP of Utah. 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.

                          ____________________