[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[House]
[Pages H6075-H6076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MESCALERO APACHE TRIBE LEASING AUTHORIZATION ACT
Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 1461) to authorize the Mescalero Apache Tribe to lease
adjudicated water rights, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1461
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 ``Mescalero Apache Tribe
Leasing Authorization Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adjudicated water rights.--The term ``adjudicated water
rights'' means water rights that were adjudicated to the
Tribe in State v. Lewis, 116 N.M. 194, 861 P. 2d 235 (1993).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
(4) Tribe.--The term ``Tribe'' means the Mescalero Apache
Tribe.
SEC. 3. AUTHORIZATION TO LEASE ADJUDICATED WATER RIGHTS.
(a) In General.--Notwithstanding any other provision of
law, subject to subsections (b) and (c), the Tribe may lease,
enter into a contract with respect to, or otherwise transfer
to another party, for another purpose, or to another place of
use in the State, all or any portion of the adjudicated water
rights.
(b) State Law.--In carrying out any action under subsection
(a), the Tribe shall comply with all laws (including
regulations) of the State with respect to the leasing or
transfer of water rights.
(c) Alienation; Maximum Term.--
(1) Alienation.--The Tribe shall not permanently alienate
any adjudicated water rights.
(2) Maximum term.--The term of any water use lease,
contract, or other agreement under this section (including a
renewal of such an agreement) shall be not more than 99
years.
(d) Liability.--The Secretary shall not be liable to the
Tribe or any other person for any loss or other detriment
resulting from a lease, contract, or other arrangement
entered into pursuant to this section.
(e) Purchases or Grants of Land From Indians.--The
authorization provided by this Act for the leasing,
contracting, and transfer of the adjudicated water rights
shall be considered to satisfy any requirement for
authorization of the action by treaty or convention imposed
by section 2116 of the Revised Statutes (25 U.S.C. 177).
(f) Prohibition on Forfeiture.--The nonuse of all or any
portion of the adjudicated water rights by a lessee or
contractor shall not result in the forfeiture, abandonment,
relinquishment, or other loss of all or any portion of the
adjudicated water rights.
(g) Applicability.--This Act shall not apply to leasing,
contracting, or transfer of the adjudicated water rights on
the Tribe's reservation.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Bishop) and the gentleman from Arizona (Mr. Grijalva) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. BISHOP of Utah. I ask unanimous consent that all Members may have
5 legislative days to revise and extend their remarks and include
extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Utah?
There was no objection.
Mr. BISHOP of Utah. Mr. Speaker, I am pleased to yield such time as
he may consume to the author of this particular bill, who does a great
job in representing his constituents--and this is one of those
examples--the gentleman from New Mexico (Mr. Pearce).
Mr. PEARCE. This bill is straightforward and simple. It allows the
Mescalero Apache Indian Tribe to permit or lease or transfer their
water rights for a term up to 99 years. The courts decided that they
would have these rights back in 1993, but we need the legislation that
would permit it. This effort is bipartisan. It's even pursued in both
the House and the Senate--Senator Bingaman has a bill--so it's
noncontroversial. It simply does the right thing. It's important. It
allows the tribe self-determination and it also gives them economic
opportunities. The leasing of the water rights will provide them with
revenues that they desperately need.
It's for the best interest of all New Mexicans. During this current
drought, water is of scarce supply in New Mexico, and this would allow
the tribe to lease water to communities that are desperately needing
water at this point. It's important to the tribes. It's important to
New Mexico.
I recommend that all vote for H.R. 1461, and urge its passage.
Mr. GRIJALVA. I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1461, legislation that would
authorize the Mescalero Apache Tribe of New Mexico to lease its
adjudicated and quantified water rights for up to 99 years, pursuant to
State law.
There is a tremendous need for water in south central New Mexico
among the Mescalero Apache Tribe's non-Indian neighbors. The tribe has
approximately 2,300 acre-feet of water to meet this need, which it is
ready to lease to the surrounding communities. Revenue generated by
such leasing would be used to fund basic tribal government services
such as a senior care center, infrastructure development, and academic
scholarships.
Because the tribe's water rights were quantified by adjudication,
legislation is necessary to authorize the tribe to lease its water.
H.R. 1416 provides this simple authorization that would not only make
the tribe's valuable resource available to those in need, but also give
the tribe a much-needed source of additional government revenue.
During the subcommittee hearing on the bill the administration
expressed concern that H.R. 1461 did not limit tribal authority for
leasing water to off-reservation locations and that such a
clarification was needed to prevent
[[Page H6076]]
possible application of State law to on-reservation water leases.
Committee staff worked together to amend H.R. 1461 to clarify that the
tribe's authorities are limited to off-reservation water leases. The
tribe can now be assured that State law will never apply to on-
reservation water leases, pursuant to H.R. 1461.
Mr. Speaker, we support H.R. 1461, and I reserve the balance of my
time.
{time} 1420
Mr. BISHOP of Utah. Could I inquire if my colleague has any other
speakers?
Mr. GRIJALVA. No, I don't, Mr. Chairman.
I yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, this is one of those bills where the
minority and the majority have worked with the tribe to clarify. This
applies to off-reservation water, their leasing authority. If the tribe
still stays in place, it's intact. It's a technical amendment that has
been cleared by all interested parties and moves us forward.
I urge its adoption, and I yield back the balance of our time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Bishop) that the House suspend the rules and
pass the bill, H.R. 1461, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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