[Congressional Record Volume 155, Number 36 (Monday, March 2, 2009)]
[House]
[Pages H2878-H2879]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           COCOPAH LANDS ACT

  Mr. HOLT. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 326) to direct the Secretary of the Interior to take lands 
in Yuma County, Arizona, into trust as part of the reservation of the 
Cocopah Tribe of Arizona, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 326

       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 ``Cocopah Lands Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The reservation of the Cocopah Tribe of Arizona is 
     located in Yuma County, Arizona.
       (2) That reservation was created by an Executive order 
     signed by President Woodrow Wilson in 1917.
       (3) The Tribe's land holdings are located within 3 
     noncontiguous reservations comprising a total of 
     approximately 6,226.3 acres of trust land.
       (4) The Tribe purchased the additional lands to provide 
     infrastructure to housing areas, water, and economic 
     development to tribal members.
       (5) The current trust land base of the reservation is 
     insufficient to provide such needs.
       (6) The Tribe acquired 7 parcels of land contiguous to its 
     present reservation lands

[[Page H2879]]

     in 1986, 1993, 1997, and 2005, and these parcels are 
     currently classified as ``Tribal fee lands'' under Federal 
     law.
       (7) The acquired parcels shall not be taken into trust for 
     gaming purposes.
       (8) The best means of solving the Tribe's land and economic 
     needs to its tribal members is to require the Secretary to 
     take lands in Yuma County, Arizona, that are acquired by the 
     Tribe into trust for the Tribe subject to the provisions of 
     this Act.

     SEC. 3. DEFINITIONS.

       For the purpose of this Act, the following definitions 
     apply:
       (1) Tribe.--The term ``Tribe'' means the Cocopah Tribe of 
     Arizona.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 4. LANDS TO BE TAKEN INTO TRUST.

       (a) Lands To Be Taken Into Trust.--If the Tribe transfers 
     title to the land described in subsection (b) to the 
     Secretary, the Secretary shall take that land into trust for 
     the benefit of the Tribe, if at the time of such transfer 
     there are no recognized environmental conditions or 
     contamination related concerns and no adverse legal claims to 
     such land, including outstanding liens, mortgages, or taxes 
     owed.
       (b) Land Described.--The land referred to in subsection (a) 
     is described as follows:
       (1) Parcel 1 (sibley purchase 1986).--Lot 4 and the SW\1/4\ 
     of the NW\1/4\, of Sec. 1, T. 10 S., R. 25 W., of the Gila 
     and Salt River Base and Meridian, Yuma County, Arizona, 
     except that portion of the SW\1/4\ of the NW\1/4\, of said 
     Sec. 1, T. 10 S., R. 25 W., lying southeasterly of the north 
     right-of-way line of the Bureau of Reclamation levee.
       (2) Parcel 2 (sibley purchase 1986).--Lot 1 and the SE\1/4\ 
     of the NE\1/4\, of Sec. 2, T. 10 S., R. 25 W., of the Gila 
     and Salt River Base and Meridian, Yuma County, Arizona.
       (3) Parcel 3 (mcdaniel purchase 1993).--That part of the 
     E\1/2\ of the SE\1/4\, lying south of the East Main Bureau of 
     Reclamation Canal right of way in Sec. 30, T. 9 S., R. 23 W., 
     of the Gila and Salt River Base and Meridian, Yuma County, 
     Arizona.
       (4) Parcel 4 (holland purchase 1997).--That portion of the 
     NW\1/4\ of the NE\1/4\, of Sec. 31, T. 16 S., R 22 E., of the 
     San Bernardino Base and Meridian, Yuma County, Arizona, lying 
     north of the levee and Salinity Canal; except the north 220 
     feet.
       (5) Parcel 5 (holland purchase 1997).--An easement over the 
     easterly 15 feet of the north 220 feet of that portion of the 
     NW\1/4\ of the NE\1/4\, of Sec. 31, T. 16 S., R. 22 E., of 
     the San Bernardino Base and Meridian, Yuma County, Arizona, 
     lying north of the levee and Salinity Canal for irrigation 
     purposes.
       (6) Parcel 6 (powers purchase 1997).--Lots 21, 24, and 25, 
     Sec. 29, and Lots 16 and 17 and the N\1/2\ of the SW\1/4\ of 
     the SE\1/4\, of Sec. 30, T. 16 S., R. 22 E., of the San 
     Bernardino Meridian, Yuma County, Arizona, according to the 
     dependent resurvey of the Bureau of Land Management, accepted 
     December 9, 1960.
       (7) Parcel 7 (speed way purchase 2005).--That portion of 
     the W\1/2\ of the SE\1/4\ of Sec. 30, T. 9 S., R. 23 W., of 
     the Gila and Salt River Base and Meridian, Yuma County, 
     Arizona, lying south and east of the East Main Canal; except 
     the south 33 feet thereof; except one-third interest in and 
     to all mineral rights, as reserved in the deed recorded in 
     Docket 1461, page 600, records of Yuma County, Arizona.
       (c) Lands To Be Made Part of the Reservation.--Land taken 
     into trust pursuant to subsection (a) shall be considered to 
     be part of the Tribe's initial reservation.
       (d) Service Area.--For the purposes of the delivery of 
     Federal services to enrolled members of the Tribe, the 
     Tribe's service area shall be Yuma County, Arizona.
       (e) Gaming Prohibited.--Land taken into trust for the 
     benefit of the Tribe under this Act shall not be used for 
     gaming under the Indian Gaming Regulatory Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Holt) and the gentleman from Nebraska (Mr. Smith) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. HOLT. Madam 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 
gentleman from New Jersey?
  There was no objection.
  Mr. HOLT. I yield myself such time as I may consume.
  Madam Speaker, the pending measure sponsored by our colleague, 
Representative Raul Grijalva, would place land into trust for the 
Cocopah Indian Tribe of Arizona. This land will be used for housing, 
water and non-gaming economic development opportunities.
  These lands, which are currently owned by the Cocopah, will be 
considered part of the tribe's initial reservation. Further, this 
legislation prohibits these lands from being used for gaming purposes 
under the Indian Gaming Regulatory Act. A similar measure was 
introduced in the 107th Congress and in the 109th Congress. In the last 
Congress, the House passed an identical version of this measure by 
unanimous consent.
  The resolution of this matter is well-overdue. I urge my colleagues 
to support the passage of H.R. 326.
  I reserve the balance of my time.
  Mr. SMITH of Nebraska. I yield myself such time as I may consume.
  Madam Speaker, the majority has adequately explained the purpose of 
H.R. 326. This legislation is the same as H.R. 673 that passed by 
unanimous consent in the House in 2007 but did not move in the Senate.
  At present, the tribe benefiting from this legislation has a 
reservation that consists of several noncontiguous trust lands. H.R. 
326 places tribal fee lands in trust to fill in some of the gaps in 
these reservation properties, and thereby, improves travel management 
and governance of the reservation.
  The text of H.R. 326 reflects changes that had been recommended by 
the Bush administration in the last Congress. To the best of our 
knowledge, the bill is noncontroversial; and, therefore, we have no 
objections to it.
  I reserve the balance of my time.
  Mr. HOLT. May I ask if the gentleman has any further speakers.
  Mr. SMITH of Nebraska. No, we haven't.
  Mr. HOLT. With that, Madam Speaker, I again urge my colleagues to 
support the passage of H.R. 326.
  I yield back the balance of my time.
  Mr. SMITH of Nebraska. Madam Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Holt) that the House suspend the rules 
and pass the bill, H.R. 326.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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