[Congressional Record (Bound Edition), Volume 149 (2003), Part 7]
[House]
[Pages 9940-9944]
[From the U.S. Government Publishing Office, www.gpo.gov]




   GILA RIVER INDIAN COMMUNITY JUDGMENT FUND DISTRIBUTION ACT OF 2003

  Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 162) to provide for the use and distribution of certain 
funds awarded to the Gila River Pima-Maricopa Indian Community, and for 
other purposes.
  The Clerk read as follows:

                                 S. 162

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Gila River 
     Indian Community Judgment Fund Distribution Act of 2003''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

             TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION

Sec. 101. Distribution of judgment funds.
Sec. 102. Responsibility of Secretary; applicable law.

     TITLE II--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS

Sec. 201. Plan for use and distribution of judgment funds awarded in 
              Docket No. 228.

[[Page 9941]]

Sec. 202. Plan for use and distribution of judgment funds awarded in 
              Docket No. 236-N.

                   TITLE III--EXPERT ASSISTANCE LOANS

Sec. 301. Waiver of repayment of expert assistance loans to Gila River 
              Indian Community.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) on August 8, 1951, the Gila River Indian Community 
     filed a complaint before the Indian Claims Commission in Gila 
     River Pima-Maricopa Indian Community v. United States, Docket 
     No. 236, for the failure of the United States to carry out 
     its obligation to protect the use by the Community of water 
     from the Gila River and the Salt River in the State of 
     Arizona;
       (2) except for Docket Nos. 236-C and 236-D, which remain 
     undistributed, all 14 original dockets under Docket No. 236 
     have been resolved and distributed;
       (3) in Gila River Pima-Maricopa Indian Community v. United 
     States, 29 Ind. Cl. Comm. 144 (1972), the Indian Claims 
     Commission held that the United States, as trustee, was 
     liable to the Community with respect to the claims made in 
     Docket No. 236-C;
       (4) in Gila River Pima-Maricopa Indian Community v. United 
     States, 684 F.2d 852 (1982), the United States Claims Court 
     held that the United States, as trustee, was liable to the 
     Community with respect to the claims made in Docket No. 236-
     D;
       (5) with the approval of the Community under Community 
     Resolution GR-98-98, the Community entered into a settlement 
     with the United States on April 27, 1999, for claims made 
     under Dockets Nos. 236-C and 236-D for an aggregate total of 
     $7,000,000;
       (6) on May 3, 1999, the United States Court of Federal 
     Claims ordered that a final judgment be entered in 
     consolidated Dockets Nos. 236-C and 236-D for $7,000,000 in 
     favor of the Community and against the United States;
       (7)(A) on October 6, 1999, the Department of the Treasury 
     certified the payment of $7,000,000, less attorney fees, to 
     be deposited in a trust account on behalf of the Community; 
     and
       (B) that payment was deposited in a trust account managed 
     by the Office of Trust Funds Management of the Department of 
     the Interior; and
       (8) in accordance with the Indian Tribal Judgment Funds Use 
     or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary 
     is required to submit an Indian judgment fund use or 
     distribution plan to Congress for approval.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Adult.--The term ``adult'' means an individual who--
       (A) is 18 years of age or older as of the date on which the 
     payment roll is approved by the Community; or
       (B) will reach 18 years of age not later than 30 days after 
     the date on which the payment roll is approved by the 
     Community.
       (2) Community.--The term ``Community'' means the Gila River 
     Indian Community.
       (3) Community-owned funds.--The term ``Community-owned 
     funds'' means--
       (A) funds held in trust by the Secretary as of the date of 
     enactment of this Act that may be made available to make 
     payments under section 101; or
       (B) revenues held by the Community that--
       (i) are derived from trust resources; and
       (ii) qualify for an exemption under section 7 or 8 of the 
     Indian Tribal Judgment Funds Use or Distribution Act (25 
     U.S.C. 1407, 1408).
       (4) IIM account.--The term ``IIM account'' means an 
     individual Indian money account.
       (5) Judgment funds.--The term ``judgment funds'' means the 
     aggregate amount awarded to the Community by the Court of 
     Federal Claims in Dockets Nos. 236-C and 236-D.
       (6) Legally incompetent individual.--The term ``legally 
     incompetent individual'' means an individual who has been 
     determined to be incapable of managing his or her own affairs 
     by a court of competent jurisdiction.
       (7) Minor.--The term ``minor'' means an individual who is 
     not an adult.
       (8) Payment roll.--The term ``payment roll'' means the list 
     of eligible, enrolled members of the Community who are 
     eligible to receive a payment under section 101(a), as 
     prepared by the Community under section 101(b).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

             TITLE I--GILA RIVER JUDGMENT FUND DISTRIBUTION

     SEC. 101. DISTRIBUTION OF JUDGMENT FUNDS.

       (a) Per Capita Payments.--Notwithstanding the Indian Tribal 
     Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et 
     seq.) or any other provision of law (including any regulation 
     promulgated or plan developed under such a law), the amounts 
     paid in satisfaction of an award granted to the Gila River 
     Indian Community in Dockets Nos. 236-C and 236-D before the 
     United States Court of Federal Claims, less attorney fees and 
     litigation expenses and including all accrued interest, shall 
     be distributed in the form of per capita payments (in amounts 
     as equal as practicable) to all eligible enrolled members of 
     the Community.
       (b) Preparation of Payment Roll.--
       (1) In general.--The Community shall prepare a payment roll 
     of eligible, enrolled members of the Community that are 
     eligible to receive payments under this section in accordance 
     with the criteria described in paragraph (2).
       (2) Criteria.--
       (A) Individuals eligible to receive payments.--Subject to 
     subparagraph (B), the following individuals shall be eligible 
     to be listed on the payment roll and eligible to receive a 
     per capita payment under subsection (a):
       (i) All enrolled Community members who are eligible to be 
     listed on the per capita payment roll that was approved by 
     the Secretary for the distribution of the funds awarded to 
     the Community in Docket No. 236-N (including any individual 
     who was inadvertently omitted from that roll).
       (ii) All enrolled Community members who are living on the 
     date of enactment of this Act.
       (iii) All enrolled Community members who died--

       (I) after the effective date of the payment plan for Docket 
     No. 236-N; but
       (II) on or before the date of enactment of this Act.

       (B) Individuals ineligible to receive payments.--The 
     following individuals shall be ineligible to be listed on the 
     payment roll and ineligible to receive a per capita payment 
     under subsection (a):
       (i) Any individual who, before the date on which the 
     Community approves the payment roll, relinquished membership 
     in the Community.
       (ii) Any minor who relinquishes membership in the 
     Community, or whose parent or legal guardian relinquishes 
     membership on behalf of the minor, before the date on which 
     the minor reaches 18 years of age.
       (iii) Any individual who is disenrolled by the Community 
     for just cause (such as dual enrollment or failure to meet 
     the eligibility requirements for enrollment).
       (iv) Any individual who is determined or certified by the 
     Secretary to be eligible to receive a per capita payment of 
     funds relating to a judgment--

       (I) awarded to another community, Indian tribe, or tribal 
     entity; and
       (II) appropriated on or before the date of enactment of 
     this Act.

       (v) Any individual who is not enrolled as a member of the 
     Community on or before the date that is 90 days after the 
     date of enactment of this Act.
       (c) Notice to Secretary.--On approval by the Community of 
     the payment roll, the Community shall submit to the Secretary 
     a notice that indicates the total number of individuals 
     eligible to share in the per capita distribution under 
     subsection (a), as expressed in subdivisions that reflect--
       (1) the number of shares that are attributable to eligible 
     living adult Community members; and
       (2) the number of shares that are attributable to deceased 
     individuals, legally incompetent individuals, and minors.
       (d) Information Provided to Secretary.--The Community shall 
     provide to the Secretary enrollment information necessary to 
     allow the Secretary to establish--
       (1) estate accounts for deceased individuals described in 
     subsection (c)(2); and
       (2) IIM accounts for legally incompetent individuals and 
     minors described in subsection (c)(2).
       (e) Disbursement of Funds.--
       (1) In general.--Not later than 30 days after the date on 
     which the payment roll is approved by the Community and the 
     Community has reconciled the number of shares that belong in 
     each payment subdivision described in subsection (c), the 
     Secretary shall disburse to the Community the funds necessary 
     to make the per capita distribution under subsection (a) to 
     eligible living adult members of the Community described in 
     subsection (c)(1).
       (2) Administration and distribution.--On disbursement of 
     the funds under paragraph (1), the Community shall bear sole 
     responsibility for administration and distribution of the 
     funds.
       (f) Shares of Deceased Individuals.--
       (1) In general.--The Secretary, in accordance with 
     regulations promulgated by the Secretary and in effect as of 
     the date of enactment of this Act, shall distribute to the 
     appropriate heirs and legatees of deceased individuals 
     described in subsection (c)(2) the per capita shares of those 
     deceased individuals.
       (2) Absence of heirs and legatees.--If the Secretary and 
     the Community make a final determination that a deceased 
     individual described in subsection (c)(2) has no heirs or 
     legatees, the per capita share of the deceased individual and 
     the interest earned on that share shall--
       (A) revert to the Community; and
       (B) be deposited into the general fund of the Community.
       (g) Shares of Legally Incompetent Individuals.--
       (1) In general.--The Secretary shall deposit the shares of 
     legally incompetent individuals described in subsection 
     (c)(2) in supervised IIM accounts.
       (2) Administration.--The IIM accounts described in 
     paragraph (1) shall be administered in accordance with 
     regulations and procedures established by the Secretary and

[[Page 9942]]

     in effect as of the date of enactment of this Act.
       (h) Shares of Minors.--
       (1) In general.--The Secretary shall deposit the shares of 
     minors described in subsection (c)(2) in supervised IIM 
     accounts.
       (2) Administration.--
       (A) In general.--The Secretary shall hold the per capita 
     share of a minor described in subsection (c)(2) in trust 
     until such date as the minor reaches 18 years of age.
       (B) Nonapplicable law.--Section 3(b)(3) of the Indian 
     Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 
     1403(b)(3)) shall not apply to any per capita share of a 
     minor that is held by the Secretary under this Act.
       (C) Disbursement.--No judgment funds, nor any interest 
     earned on judgment funds, shall be disbursed from the account 
     of a minor described in subsection (c)(2) until such date as 
     the minor reaches 18 years of age.
       (i) Payment of Eligible Individuals Not Listed on Payment 
     Roll.--
       (1) In general.--An individual who is not listed on the 
     payment roll, but is eligible to receive a payment under this 
     Act, as determined by the Community, may be paid from any 
     remaining judgment funds after the date on which--
       (A) the Community makes the per capita distribution under 
     subsection (a); and
       (B) all appropriate IIM accounts are established under 
     subsections (g) and (h).
       (2) Insufficient funds.--If insufficient judgment funds 
     remain to cover the cost of a payment described in paragraph 
     (1), the Community may use Community-owned funds to make the 
     payment.
       (3) Minors, legally incompetent individuals, and deceased 
     individuals.--In a case in which a payment described in 
     paragraph (2) is to be made to a minor, a legally incompetent 
     individual, or a deceased individual, the Secretary--
       (A) is authorized to accept and deposit funds from the 
     payment in an IIM account or estate account established for 
     the minor, legally incompetent individual, or deceased 
     individual; and
       (B) shall invest those funds in accordance with applicable 
     law.
       (j) Use of Residual Funds.--On request by the governing 
     body of the Community to the Secretary, and after passage by 
     the governing body of the Community of a tribal council 
     resolution affirming the intention of the governing body to 
     have judgment funds disbursed to, and deposited in the 
     general fund of, the Community, any judgment funds remaining 
     after the date on which the Community completes the per 
     capita distribution under subsection (a) and makes any 
     appropriate payments under subsection (i) shall be disbursed 
     to, and deposited in the general fund of, the Community.
       (k) Reversion of Per-Capita Shares to Tribal Ownership.--
       (1) In general.--In accordance with the first section of 
     Public Law 87-283 (25 U.S.C. 164), the share for an 
     individual eligible to receive a per-capita share under 
     subsection (a) that is held in trust by the Secretary, and 
     any interest earned on that share, shall be restored to 
     Community ownership if, for any reason--
       (A) subject to subsection (i), the share cannot be paid to 
     the individual entitled to receive the share; and
       (B) the share remains unclaimed for the 6-year period 
     beginning on the date on which the individual became eligible 
     to receive the share.
       (2) Request by community.--In accordance with subsection 
     (j), the Community may request that unclaimed funds described 
     in paragraph (1)(B) be disbursed to, and deposited in the 
     general fund of, the Community.

     SEC. 102. RESPONSIBILITY OF SECRETARY; APPLICABLE LAW.

       (a) Responsibility for Funds.--After the date on which 
     funds are disbursed to the Community under section 101(e)(1), 
     the United States and the Secretary shall have no trust 
     responsibility for the investment, supervision, 
     administration, or expenditure of the funds disbursed.
       (b) Deceased and Legally Incompetent Individuals.--Funds 
     subject to subsections (f) and (g) of section 101 shall 
     continue to be held in trust by the Secretary until the date 
     on which those funds are disbursed under this Act.
       (c) Applicability of Other Law.--Except as otherwise 
     provided in this Act, all funds distributed under this Act 
     shall be subject to sections 7 and 8 of the Indian Tribal 
     Judgment Funds Use or Distribution Act (25 U.S.C. 1407, 
     1408).

     TITLE II--CONDITIONS RELATING TO COMMUNITY JUDGMENT FUND PLANS

     SEC. 201. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS 
                   AWARDED IN DOCKET NO. 228.

       (a) Definition of Plan.--In this section, the term ``plan'' 
     means the plan for the use and distribution of judgment funds 
     awarded to the Community in Docket No. 228 of the United 
     States Claims Court (52 Fed. Reg. 6887 (March 5, 1987)), as 
     modified in accordance with Public Law 99-493 (100 Stat. 
     1241).
       (b) Conditions.--Notwithstanding any other provision of 
     law, the Community shall modify the plan to include the 
     following conditions with respect to funds distributed under 
     the plan:
       (1) Applicability of other law relating to minors.--Section 
     3(b)(3) of the Indian Tribal Judgment Funds Use or 
     Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to 
     any per capita share of a minor that is held, as of the date 
     of enactment of this Act, by the Secretary.
       (2) Share of minors in trust.--The Secretary shall hold a 
     per capita share of a minor described in paragraph (1) in 
     trust until such date as the minor reaches 18 years of age.
       (3) Disbursal of funds for minors.--No judgment funds, nor 
     any interest earned on judgment funds, shall be disbursed 
     from the account of a minor described in paragraph (1) until 
     such date as the minor reaches 18 years of age.
       (4) Use of remaining judgment funds.--On request by the 
     governing body of the Community, as manifested by the 
     appropriate tribal council resolution, any judgment funds 
     remaining after the date of completion of the per capita 
     distribution under section 101(a) shall be disbursed to, and 
     deposited in the general fund of, the Community.

     SEC. 202. PLAN FOR USE AND DISTRIBUTION OF JUDGMENT FUNDS 
                   AWARDED IN DOCKET NO. 236-N.

       (a) Definition of Plan.--In this section, the term ``plan'' 
     means the plan for the use and distribution of judgment funds 
     awarded to the Community in Docket No. 236-N of the United 
     States Court of Federal Claims (59 Fed. Reg. 31092 (June 16, 
     1994)).
       (b) Conditions.--
       (1) Per capita aspect.--Notwithstanding any other provision 
     of law, the Community shall modify the last sentence of the 
     paragraph under the heading ``Per Capita Aspect'' in the plan 
     to read as follows: ``Upon request from the Community, any 
     residual principal and interest funds remaining after the 
     Community has declared the per capita distribution complete 
     shall be disbursed to, and deposited in the general fund of, 
     the Community.''.
       (2) General provisions.--Notwithstanding any other 
     provision of law, the Community shall--
       (A) modify the third sentence of the first paragraph under 
     the heading ``General Provisions'' of the plan to strike the 
     word ``minors''; and
       (B) insert between the first and second paragraphs under 
     that heading the following:

     ``Section 3(b)(3) of the Indian Tribal Judgment Funds Use or 
     Distribution Act (25 U.S.C. 1403(b)(3)) shall not apply to 
     any per capita share of a minor that is held, as of the date 
     of enactment of the Gila River Indian Community Judgment Fund 
     Distribution Act of 2003, by the Secretary. The Secretary 
     shall hold a per capita share of a minor in trust until such 
     date as the minor reaches 18 years of age. No judgment funds, 
     or any interest earned on judgment funds, shall be disbursed 
     from the account of a minor until such date as the minor 
     reaches 18 years of age.''.

                   TITLE III--EXPERT ASSISTANCE LOANS

     SEC. 301. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE LOANS TO 
                   GILA RIVER INDIAN COMMUNITY.

       Notwithstanding any other provision of law--
       (1) the balance of all outstanding expert assistance loans 
     made to the Community under Public Law 88-168 (77 Stat. 301) 
     and relating to Gila River Indian Community v. United States 
     (United States Court of Federal Claims Docket Nos. 228 and 
     236 and associated subdockets) are canceled; and
       (2) the Secretary shall take such action as is necessary--
       (A) to document the cancellation of loans under paragraph 
     (1); and
       (B) to release the Community from any liability associated 
     with those loans.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Renzi) and the gentleman from American Samoa (Mr. 
Faleomavaega) each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Renzi).
  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 162 authorizes a plan for the distribution of a $7 
million dollar final judgment award to eligible members of the Gila 
River Indian community. Pursuant to the Indian Tribal Judgment Funds 
Use or Distribution Act, the Secretary of the Interior must submit to 
Congress for approval a plan for the use and distribution of such 
judgment awards.
  In 1951 the community filed a complaint before the Indian Claims 
Commission claiming failure of the United States to protect the 
community's use of water from the Gila and Salt Rivers. After the 
Commission and the Court of Claims found the United States liable to 
the community, the community agreed to a monetary settlement in the 
amount of $7 million. Final judgment was entered against the United 
States in that amount. This legislation represents the final step in 
resolving the

[[Page 9943]]

litigation and is a product of close consultation between the community 
and the Bureau of Indian Affairs. I urge its adoption.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, this piece of legislation, I can just simply say, is 
long overdue and I cannot thank enough my good friend from Arizona (Mr. 
Hayworth) and his leadership in bringing this piece of legislation, and 
also Senator McCain of the other body for bringing this to fruition.
  Mr. Speaker, I am proud to support S. 162, which is before us this 
afternoon, and pleased that we are dispensing with this bill early in 
the session. This bill will provide the authority needed to distribute 
judgment awards funds to members of the Gila River Pima-Maricopa Indian 
community in the State of Arizona. This action will finally bring to 
closure litigation which started in 1951, Mr. Speaker. That is 52 years 
surrounding the failure of our government, the United States 
Government, to adequately protect the use of water from the Gila River 
and the Salt River on behalf of the tribal community.
  In 1972 the Indian Claims Commission found the United States liable 
to the community with regard to the underlying complaint, and in 1982 
the U.S. Court of Claims agreed with that finding. A monetary 
settlement in the amount of $7 million has been agreed to, and today we 
will ratify the distribution of those funds according to the wishes of 
the community.
  I strongly urge my colleagues to support this piece of legislation. 
Mr. Speaker, again, I thank my colleague from Arizona (Mr. Hayworth) 
for bringing this to the attention of the Members of this institution; 
and, again, I thank the gentleman from Arizona (Mr. Renzi) for 
management of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RENZI. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Arizona (Mr. Hayworth), the author of the House 
companion bill.
  Mr. HAYWORTH. Mr. Speaker, I thank my colleague from Arizona who is 
proving to represent so capably the new first congressional district 
and thank him again for his management of this legislation. I also 
thank the gentleman from American Samoa (Mr. Faleomavaega) for his 
remarks on this legislation, pointing out the history of what has 
transpired here and the challenge that at long last we will redress in 
this Chamber today.
  Mr. Speaker, it bears repeating that S. 162 provides for the 
distribution of certain funds awarded to the Gila River Pima-Maricopa 
Indian community.

                              {time}  1615

  This bill is the Senate companion version to the legislation that I 
introduced, that my colleague from the First District of Arizona 
alluded to, the companion legislation designated as H.R. 458. Since 
this legislation has already been approved by the other body, I am 
grateful to the leadership of this House and to my colleagues on both 
sides of the aisle for taking up the bill from the other body in such 
an expeditious manner.
  Mr. Speaker, it was my honor to represent the Gila River Indian 
community in the Congress of the United States for my first 8 years of 
service in this institution. And although redistricting in my home 
State has shifted the boundaries of the Congressional District I now 
represent, I continue to enjoy a very productive working relationship 
with and on behalf of the Gila River community.
  Mr. Speaker, I would urge my colleagues to support this very 
important legislation. My friend from American Samoa cited dates, and 
let us understand what is at stake here in this Chamber this afternoon. 
An agreement of some was decided upon in 1951. Mr. Speaker, to put this 
in perspective, that is some 7 years before the date of my birth. Over 
a half century has passed, and we need to get this done. Fifty years of 
litigation and consultation between the Gila River Tribe and the 
government of the United States now, today. We say from time to time 
that this is a deliberative body. Mr. Speaker, I daresay those of us on 
both sides of the aisle welcome the fact that this deliberation will at 
long last draw to a close.
  Mr. Speaker, this points out a challenge we have faced time and again 
with the first Americans, because in too many instances, our government 
has come up short in its stewardship of Native American monies. The 
Gila River community has faced considerable delays in dealing with the 
Office of Trust Funds Management and the Bureau of Indian Affairs in 
finalizing the distribution plan. Members of the Gila River Indian 
community, in fact, have waited an additional half a decade for final 
resolution of these legal claims and for distribution of these judgment 
funds to eligible tribal members.
  Mr. Speaker, the dominant media culture in this town, so fond of 
playing up differences that may exist among us, may little note nor 
long remember what transpires with this legislation today. But it is 
very profound, because it lifts a burden of uncertainty from members of 
the Gila River community.
  The time is now for Congress to pass this legislation so that the 
community members' judgment funds may finally, finally be released to 
them. This is a chance where we come together as men and women of 
goodwill, as constitutional officers, to do the right thing for the 
right reasons, even though the timing has been somewhat delayed.
  Mr. Speaker, I therefore urge my colleagues once again to support 
this important legislation, and once again thanking my friend from 
American Samoa and my new colleague from the First District of Arizona.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume to commend my good friend from Arizona not only for his 
eloquence, as always, but for the outstanding leadership that he has 
demonstrated as a member of our congressional caucus, as cochairman of 
the Native American Caucus, my good friend, the gentleman from Arizona 
(Mr. Hayworth) for his appreciation and understanding of the needs of 
the first Americans in our community.
  I also would like to give recognition to the fact that we have two 
other Members who, unfortunately, because of schedules, just are not 
here but would have loved to testify in support of this legislation. So 
in a bipartisan fashion, I will just mention that my colleagues, the 
gentleman from Arizona (Mr. Grijalva) and the gentleman from Arizona 
(Mr. Pastor), I know, would have loved to be here to lend their support 
to this legislation.
  Just a little sense of history, Mr. Speaker. As I stated earlier, in 
1951, the Gila River Pima-Maricopa Indian Community sued the United 
States before the Indian Claims Commission seeking damages for failure 
of the United States to protect the community's historic use of the 
Salt River water during the period from 1880 to 1936. In 1999, in order 
to end continuing litigation between the community and the United 
States regarding the nature of the community's water rights under 
section 2 of the ICCA, and for this period, the United States, and that 
is the Department of Justice and the community, jointly moved the 
Federal Court of Claims to enter a final judgment against the United 
States in the amount of $7 million in favor of the community. The final 
judgment entered into by the Court of Federal Claims finally disposed 
of all the community's claims and demands under section 2 of the ICCA.
  As noted in the 1999 stipulation and joint motion for entry of final 
judgment, and because such claims are beyond the jurisdiction of the 
Indian Claims Commission, as conferred by section 2 of the Indian 
Claims Commission Act, the final judgment entered into by the Court of 
Federal Claims, pursuant to the stipulated settlement, does not dispose 
of claims that could be brought by the community with regard to the 
applicability of the Winters Doctrine or the full extent of other water 
rights.
  The bottom line, Mr. Speaker, as stated by my good friend from the

[[Page 9944]]

State of Arizona earlier, I think we have committed a tremendous 
injustice to this tribe. For the 42 years it has taken them to seek 
redress on this grievance, it has taken over 42 years, I think is a 
tremendous injustice and it is about time that we do something about 
this. I sincerely hope that my colleagues will support this 
legislation.
  Again, I thank my good friend from Arizona for his support and his 
leadership.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time
  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume to 
thank the gentleman from American Samoa, and like no other, the 
gentleman from Arizona (Mr. Hayworth), with his eloquence and 
articulation, has provided us not just the historical data here but the 
emotional data that goes with the Gila River judgment settlement.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Boozman). The question is on the motion 
offered by the gentleman from Arizona (Mr. Renzi) that the House 
suspend the rules and pass the Senate bill, S.162.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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