[Congressional Record Volume 155, Number 58 (Tuesday, April 21, 2009)]
[House]
[Pages H4538-H4539]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    REPEALING THE ``BENNETT FREEZE''

  Mrs. CHRISTENSEN. Mr. Speaker, I move to suspend the rules and pass 
the Senate bill (S. 39) to repeal section 10(f) of Public Law 93-531, 
commonly known as the ``Bennett Freeze''.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                 S. 39

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

     SECTION 1. REPEAL OF THE BENNETT FREEZE.

       Section 10(f) of Public Law 93-531 (25 U.S.C. 640d-9(f)) is 
     repealed.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the Virgin Islands (Mrs. Christensen) and the gentleman from Utah (Mr. 
Bishop) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the Virgin Islands.


                             General Leave

  Mrs. CHRISTENSEN. 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 
gentlewoman from the Virgin Islands?
  There was no objection.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the pending legislation would settle a longstanding 
dilemma faced by the people of the Navajo and Hopi Nations in Arizona. 
At the outset, I would commend our colleague from Arizona (Mrs. 
Kirkpatrick) for her tenacity in working to have this measure 
considered by the House, and hopefully by the end of the day, passed 
and sent to the President for his signature.
  The need for this legislation dates back to an executive order issued 
in 1882 which set aside land in northern Arizona for the Hopi Tribe and 
such other Indians as the Secretary of the Interior may see fit to 
settle thereon. A 1934 act of Congress setting aside some of the same 
lands for the Navajo Nation further complicated the matter.
  In 1962, a Federal District Court ruled that both the Hopi Tribe and 
the Navajo Nation had joint rights to use the land in dispute. This 
ruling created great tension between the two tribes over critical 
issues such as access to sacred sites and the development of lands in 
the joint use area. Because of this situation, in 1966 the Commissioner 
of the Bureau of Indian Affairs, Robert Bennett, issued a freeze on any 
development on the disputed lands. This freeze extended to some of the 
core aspects of tribal life, including the building of homes, 
improvement to property, public works projects, power lines, and water 
and sewer access.
  After nearly a century of dispute between the Navajo Nation and the 
Hopi Tribe, the Navajo-Hopi Settlement Act was enacted in 1974 in an 
attempt to settle rights and interests between the two Native nations. 
However, in 1980, Congress amended that act to codify the Bennett 
Freeze. As a result of this freeze on development, tribal citizens 
living in the Bennett Freeze region find themselves living in 1966 
conditions. Only 3 percent of these families affected by the Bennett 
Freeze have electricity and only 10 percent have running water.
  In 2005, the Navajo and the Hopi governments entered into an 
intergovernmental agreement that resolved all outstanding issues 
regarding the land in dispute. This agreement contains language which 
puts an end to the ban on development on the disputed lands. The 
Secretary of the Interior approved this agreement in September 2006.
  This legislation will clarify the law so that it is in agreement with 
all of the land users and finally close this longstanding dispute 
between neighboring Indian tribes.
  I once again commend our colleague, Mrs. Kirkpatrick, who has a 
companion bill here in the House for her work in getting this bill to 
the floor today. The aforementioned conditions of those living in the 
Bennett Freeze area are unacceptable. The tribes have resolved their 
issues and the administration has fulfilled its duties, and now it is 
time for us to pass this legislation and fulfill our trust 
responsibility to these two native nations.
  I urge all of my colleagues to support the passage of Senate bill 39.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise to support this bipartisan legislation that was authored by 
Senator John McCain. This bill would end more than 40 years of Federal 
restrictions placed upon native people living in the western area of 
the Navajo Nation. These restrictions have barred area residents from 
making any improvements and repairs to their homes and property.
  Once this legislation becomes law, both Navajo and Hopi people will 
have the opportunity to move forward with critical development projects 
aimed at providing relief to their region. This

[[Page H4539]]

means homes without electricity can now be wired, modern plumbing 
fixtures can be installed and recent health and safety improvements 
like smoke detectors and water filters can be realized.
  Mr. Speaker, this legislation is identical to a bill that was 
introduced in the 110th Congress by Senator McCain. Unfortunately, we 
delayed consideration of this bill during the presidential election, 
for whatever reason. Hopefully, we are prepared to move ahead with this 
good public policy.
  I am grateful that we are finally able to move forward this 
legislation that will help both the Navajo and Hopi people. I support 
the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, it is my pleasure to yield such time 
as she may consume to the sponsor of the House companion measure to S. 
39, the gentlewoman from Arizona (Mrs. Kirkpatrick).
  Mrs. KIRKPATRICK of Arizona. Mr. Speaker, I rise today to encourage 
all of my colleagues to support S. 39, the companion to H.R. 1762, 
which I introduced last month. This bill will repeal the law that has 
held back growth in my district for 40 years.
  In 1966, Commissioner of Indian Affairs Robert Bennett chose to deal 
with a long-running land dispute between the Navajo and Hopi Nations by 
establishing a construction freeze on 1.5 million acres in my district. 
For four decades, no construction was allowed in the area. Families 
could not even do basic home repair or have electricity put in. There 
was no economic development, and there was no hope.
  Now the Navajo and Hopi have come to an agreement, and in 2006 a 
judge lifted the Bennett Freeze. But that is not enough. We need to 
permanently remove the law that kept thousands of folks frozen in time.
  Far too many families on tribal lands lack basic necessities. In the 
area of the freeze, only 10 percent of the people have running water, 
and even fewer have electricity. We are trying to fight a diabetes 
epidemic with folks who cannot keep the medication they need at home 
because they don't have a plug for a refrigerator. These families 
deserve to know that their government will not stop them from pulling 
themselves out of poverty.
  I was proud to join Senator McCain in introducing this legislation. 
Senator McCain and I believe that Washington bureaucrats should never 
stand in the way of folks trying to improve their lives and develop 
their communities. That is something that I think that everyone in this 
House on both sides of the aisle can come together on.
  I urge your support and encourage passage of this bill.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I appreciate the gentlelady from Arizona's work on this 
particular issue. I appreciate Senator McCain's sponsorship of this 
particular bill. This is indeed a fresh approach that will produce 
positive benefits for the people in this particular State, and I 
appreciate it being brought to the floor by the gentlewoman from the 
Virgin Islands.
  I yield back the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I have no further speakers, and I 
yield back the balance of my time as well.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the Virgin Islands (Mrs. Christensen) that the House 
suspend the rules and pass the Senate bill, S. 39.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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