[Congressional Record (Bound Edition), Volume 158 (2012), Part 10]
[House]
[Pages 14312-14313]
[From the U.S. 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 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

[[Page 14313]]

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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