[Congressional Record Volume 164, Number 123 (Monday, July 23, 2018)]
[House]
[Pages H6629-H6630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AMENDING THE WHITE MOUNTAIN APACHE TRIBE WATER RIGHTS QUANTIFICATION 
                              ACT OF 2010

  Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 2850) to amend the White Mountain Apache Tribe Water Rights 
Quantification Act of 2010 to clarify the use of amounts in the WMAT 
Settlement Fund.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 2850

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

     SECTION 1. USE OF FUNDS IN WMAT SETTLEMENT FUND FOR WMAT 
                   RURAL WATER SYSTEM.

       (a) Authorization of WMAT Rural Water System.--Section 
     307(a) of the White Mountain Apache Tribe Water Rights 
     Quantification Act of 2010 (Public Law 111-291; 124 Stat. 
     3080) is amended in the matter preceding paragraph (1) by 
     inserting ``, (b)(2),'' after ``subsections (a)''.
       (b) Funding.--Section 312(b)(2)(C)(i)(III) of the White 
     Mountain Apache Tribe Water Rights Quantification Act of 2010 
     (Public Law 111-291; 124 Stat. 3093) is amended by striking 
     the period at the end and inserting the following: ``, 
     including the planning, design, and construction of the WMAT 
     rural water system, in accordance with section 307(a).''.

     SEC. 2. EXPANSION OF PUEBLO OF SANTA CLARA LAND ELIGIBLE FOR 
                   99-YEAR LEASE.

       Subsection (a) of the first section of the Act of August 9, 
     1955 (commonly known as the ``Long-Term Leasing Act'') (25 
     U.S.C. 415(a)), is amended--
       (1) by striking ``Indians,,'' and inserting ``Indians,'';
       (2) by inserting ``Ohkay Owingeh pueblo,'' after 
     ``Cochiti,'';
       (3) by inserting ``the pueblo of Santa Clara,'' after 
     ``Pojoaque,'';
       (4) by striking ``the the lands'' and inserting ``the 
     land'';
       (5) by striking ``lands held in trust for the Pueblo of 
     Santa Clara,''; and
       (6) by striking ``lands held in trust for Ohkay Owingeh 
     Pueblo''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. McClintock) and the gentlewoman from Guam (Ms. 
Bordallo) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. McCLINTOCK. Mr. Speaker, 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 California?
  There was no objection.
  Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may 
consume.
  The Claims Resolution Act of 2010 included four Indian water rights 
settlements. Title III of the act resolved the White Mountain Apache 
Tribes' water-related claims against the United States, the State of 
Arizona, and a number of other State and non-Federal parties.
  In consideration for the Tribe's waiving its water-related claims 
against the United States and other parties, the act authorized funding 
for the construction of the White Mountain Apache rural water system to 
bring safe and reliable drinking water to the Tribe and to its members. 
Specifically, the rural water system will consist of a dam and 
reservoir, a treatment plant, and 55 miles of pipeline to serve the 
community.
  The act also established the creation of the White Mountain Apache 
Tribal settlement fund that can be used to cover any cost overruns for 
the system and water-related economic development projects. The rural 
water system will serve a number of water-related activities that fit 
squarely with the settlement fund's authorized purposes.
  To ensure the completion of the Tribe's rural water system, S. 2850 
makes a technical amendment to the Claims Resolution Act to clarify 
that the Tribe may utilize funding from the settlement fund for 
planning, design, and conduction activities related to construction of 
the rural water system.
  The bill also clarifies the 99-year lease authority for the Pueblo of 
Santa Clara and the Ohkay Owingeh Pueblo in New Mexico. The Indian 
Long-Term Leasing Act allows Indians to lease their lands subject to 
the approval of the Secretary of the Interior for public, religious, 
educational, recreational, residential, or business purposes of up to 
25 years. Congress has amended the ILTLA more than 40 times to adjust 
the terms and conditions of Indian land leases, including the 
authorization of 99-year leases for lands held in trust for the Pueblo 
Santa Clara and the Ohkay Owingeh Pueblo of New Mexico.
  S. 2850 clarifies that this 99-year lease authority also extends to 
lands in restricted deed status. These are lands held by a Tribe or 
individual Indians subject to a limitation on alienation or taxation.
  Mr. Speaker, I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Arizona (Mr. O'Halleran).
  Mr. O'HALLERAN. Mr. Speaker, I rise today in strong support of S. 
2850 and to urge passage of this amendment to the White Mountain Apache 
Tribe Water Rights Quantification Act of 2010.
  The White Mountain Apache Tribe Water Rights Quantification Act of 
2010 resolved the Tribe's water claims against the Federal and State 
governments, as well as other parties and States. This act also 
authorized the White Mountain Rural Water System all while being budget 
neutral.
  This bill is simply a straightforward, technical amendment which is 
necessary to clarify that authorization authority exists for the Tribe 
to use the settlement fund for water-related economic development 
projects. The Tribe needs this clarification in order to complete the 
construction of its rural water system, which is long overdue and a 
critical project for the community.

[[Page H6630]]

  I thank Senator Flake, whose staff has worked closely with me and my 
office on this issue for the past year and a half. I also thank the 
chairman and ranking member for supporting this bill.
  Given the importance of the water system and the implementation of 
the settlement legislation to the White Mountain Apache Tribe, I urge 
the swift passage of this bill and look forward to working together 
with all affected stakeholders on its implementation.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill makes a small change to the previously 
approved water rights settlement in order to allow the White Mountain 
Apache Tribe in Arizona to complete work on a rural water system.
  Specifically, the bill clarifies that funding Congress has already 
authorized for water-related economic development projects can be used 
to cover possible construction cost overruns associated with the 
Tribe's main water project, which will provide drinking water supplies 
for Tribal members once completed.

  In addition, section 2 of the bill clarifies that the Pueblos of 
Santa Clara and Ohkay Owingeh in New Mexico are authorized to lease all 
of their Tribal lands for up to 99 years. Currently, the Pueblos have 
the option to enter into 99-year leases only on their trust lands, as 
this option is not extended to their restricted fee lands.
  Passage of this provision will correct that discrepancy, allowing the 
Pueblos the same flexibility in leasing terms that other Tribes already 
possess.
  I would like to thank our New Mexico colleagues, Senator Tom Udall 
and Congressman Ben Ray Lujan, for advocating for this issue and for 
getting this provision included in the legislation.
  Mr. Speaker, I am happy to urge my colleagues to join me in 
supporting this bill which is sponsored by Senator Jeff Flake.
  Mr. Speaker, I have no further speakers, so I yield back the balance 
of my time.
  Mr. McCLINTOCK. Mr. Speaker, as you have heard, this bill irons out a 
lot of problems with the settlement and clears the way for hopefully a 
very productive project.
  Mr. Speaker, I urge its adoption, and I yield back the balance of my 
time.

                              {time}  1745

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. McClintock) that the House suspend the 
rules and pass the bill, S. 2850.
  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.

                          ____________________