[House Report 111-399]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-399

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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3254) TO APPROVE THE TAOS 
    PUEBLO INDIAN WATER RIGHTS SETTLEMENT AGREEMENT, AND FOR OTHER 
 PURPOSES; FOR CONSIDERATION OF THE BILL (H.R. 3342) TO AUTHORIZE THE 
     SECRETARY OF THE INTERIOR, ACTING THROUGH THE COMMISSIONER OF 
 RECLAMATION, TO DEVELOP WATER INFRASTRUCTURE IN THE RIO GRANDE BASIN, 
AND TO APPROVE THE SETTLEMENT OF THE WATER RIGHTS CLAIMS OF THE PUEBLOS 
 OF NAMBE, POJOAQUE, SAN ILDEFONSO, AND TESUQUE; AND FOR CONSIDERATION 
  OF THE BILL (H.R. 1065) TO RESOLVE WATER RIGHTS CLAIMS OF THE WHITE 
 MOUNTAIN APACHE TRIBE IN THE STATE OF ARIZONA, AND FOR OTHER PURPOSES

                                _______
                                

  January 19, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. McGovern, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1017]

    The Committee on Rules, having had under consideration 
House Resolution 1017, by a nonrecord vote report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3254, the 
Taos Pueblo Indian Water Rights Settlement Act, under a 
structured rule. The resolution provides one hour of debate in 
the House equally divided and controlled by the chair and 
ranking minority member of the Committee on Natural Resources. 
The resolution waives all points of order against consideration 
of the bill except clauses 9 or 10 of rule XXI. The resolution 
provides that the committee amendment in the nature of a 
substitute recommended by the Committee on Natural Resources, 
now printed in the bill, shall be considered as adopted and 
that the bill, as amended, shall be considered as read. The 
resolution waives all points of order against provisions of the 
bill, as amended. This waiver does not affect the point of 
order available under clause 9 of rule XXI (regarding earmark 
disclosure). The resolution makes in order only the further 
amendment printed in part A of this report if offered by 
Representative McClintock or his designee which shall be in 
order without intervention of any point of order except clauses 
9 and 10 of rule XXI, which shall be considered as read, shall 
be separately debatable for 10 minutes equally divided and 
controlled by the proponent and an opponent, and shall not be 
subject to a demand for a division of the question. The 
resolution provides one motion to recommit H.R. 3254 with or 
without instructions.
    The resolution also provides for consideration of H.R. 
3342, the Aamodt Litigation Settlement Act, under a structured 
rule. The resolution provides one hour of debate in the House 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Natural Resources. The 
resolution waives all points of order against consideration of 
the bill except clauses 9 or 10 of rule XXI. The resolution 
provides that the committee amendment in the nature of a 
substitute recommended by the Committee on Natural Resources, 
now printed in the bill, shall be considered as adopted and 
that the bill, as amended, shall be considered as read. The 
resolution waives all points of order against provisions of the 
bill, as amended. This waiver does not affect the point of 
order available under clause 9 of rule XXI (regarding earmark 
disclosure). The resolution makes in order only the further 
amendment printed in part B of this report if offered by 
Representative McClintock or his designee which shall be in 
order without intervention of any point of order except clauses 
9 and 10 of rule XXI, which shall be considered as read, shall 
be separately debatable for 10 minutes equally divided and 
controlled by the proponent and an opponent, and shall not be 
subject to a demand for a division of the question. The 
resolution provides one motion to recommit H.R. 3342 with or 
without instructions.
    The resolution further provides for consideration of H.R. 
1065, the White Mountain Apache Tribe Water Rights 
Quantification Act of 2009, under a structured rule. The 
resolution provides one hour of debate in the House equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Natural Resources. The resolution waives 
all points of order against consideration of the bill except 
clauses 9 or 10 of rule XXI. The resolution provides that the 
committee amendment in the nature of a substitute recommended 
by the Committee on Natural Resources, now printed in the bill, 
modified by the amendment printed in part C of this report 
shall be considered as adopted and provides that the bill, as 
amended, shall be considered as read. The resolution waives all 
points of order against provisions of the bill, as amended. 
This waiver does not affect the point of order available under 
clause 9 of rule XXI (regarding earmark disclosure). The 
resolution makes in order only the further amendment printed in 
part D of this report if offered by Representative McClintock 
or his designee which shall be in order without intervention of 
any point of order except clauses 9 and 10 of rule XXI, which 
shall be considered as read, shall be separately debatable for 
10 minutes equally divided and controlled by the proponent and 
an opponent, and shall not be subject to a demand for a 
division of the question. Finally the resolution provides one 
motion to recommit H.R. 1065 with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of H.R. 3254 (except for those arising under 
clauses 9 and 10 of rule XXI) and against provisions of the 
bill, as amended, the Committee is not aware of any points of 
order. The waivers of all points of order are prophylactic.
    Although the rule waives all points of order against 
consideration of H.R. 3342 (except for those arising under 
clauses 9 and 10 of rule XXI) and against provisions of the 
bill, as amended, the Committee is not aware of any points of 
order. The waivers of all points of order are prophylactic.
    Although the rule waives all points of order against 
consideration of H.R. 1065 (except for those arising under 
clauses 9 and 10 of rule XXI) and against provisions of the 
bill, as amended, the Committee is not aware of any points of 
order. The waivers of all points of order are prophylactic.

         SUMMARY OF AMENDMENT IN PART A TO BE MADE IN ORDER FOR
                               H.R. 3254

    Prevents the bill from taking effect until the Attorney 
General has submitted a formal written response to Congress 
that the proposed Indian water rights settlement represents a 
net benefit to the U.S. based on the costs and risks of 
litigation and the odds that the Taos Pueblo Tribe would 
prevail in the litigation.

         SUMMARY OF AMENDMENT IN PART B TO BE MADE IN ORDER FOR
                               H.R. 3342

    Prevents the bill from taking effect until the Attorney 
General has submitted a formal written response to Congress 
that the proposed Indian water rights settlement represents a 
net benefit to the U.S. based on the costs and risks of 
litigation and the odds that the Pueblo Tribe would prevail in 
the litigation.

  SUMMARY OF AMENDMENT IN PART C TO BE CONSIDERED AS ADOPTED FOR H.R. 
                                  1065

    The amendment will make the bill PAYGO compliant.

         SUMMARY OF AMENDMENT IN PART D TO BE MADE IN ORDER FOR
                               H.R. 1065

    Prevents the bill from taking effect until the Attorney 
General has submitted a formal written response to Congress 
that the proposed Indian water rights settlement represents a 
net benefit to the U.S. based on the costs and risks of 
litigation and the odds that the White Mountain Apache Tribe 
would prevail in the litigation.

      PART A--TEXT OF AMENDMENT TO BE MADE IN ORDER FOR H.R. 3254

  At the end of the bill, add the following new section:

SEC. __. EFFECTIVE DATE.

  This Act shall not take effect until the Attorney General has 
submitted a formal written response to Congress that the Indian 
water rights settlement proposed in this Act represents a net 
benefit to the United States, based on the costs and risks of 
litigation and the odds that the Taos Pueblo would prevail in 
the litigation.

      PART B--TEXT OF AMENDMENT TO BE MADE IN ORDER FOR H.R. 3342

  At the end of the bill, add the following new section:

SEC. __. EFFECTIVE DATE.

  This Act shall not take effect until the Attorney General has 
submitted a formal written response to Congress that the Indian 
water rights settlement proposed in this Act represents a net 
benefit to the United States, based on the costs and risks of 
litigation and the odds that the Pueblo would prevail in the 
litigation.

  PART C--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED FOR H.R. 1065

  Page 40, line 21, strike ``October 31, 2015'' and insert 
``April 30, 2020''.
  Page 43, strike lines 1 through 4 and insert the following:
          (1) the amounts made available under subsection (e);
          (2) the amounts appropriated to the subaccount 
        pursuant to subsections (a) and (d) of section 12, as 
        applicable; and
          (3) such other amounts as are available includ-
  Page 46, strike lines 1 through 6 and insert the following:
          (2) Investment.--The Secretary shall invest the 
        amounts in the White Mountain Apache Tribe Water Rights 
        Settlement Subaccount in accordance with section 
        403(f)(4) of the Colorado River Basin Project Act (43 
        U.S.C. 1543(f)(4)).
          (3) Use of interest.--The interest accrued on amounts 
        invested under paragraph (2) shall not be available for 
        expenditure or withdrawal until the later of--
                  (A) November 1, 2019; and
                  (B) the enforceability date.
  (e) Lower Colorado River Basin Development Fund.--
          (1) In general.--Of amounts in the Lower Colorado 
        River Basin Development Fund made available under 
        section 403(f)(2)(D)(vi) of the Colorado River Basin 
        Project Act (43 U.S.C. 1543(f)(2)(D)(vi)), an amount 
        equal to the difference between the balance of the 
        White Mountain Apache Tribe Settlement Subaccount (as 
        of November 1, 2019), and the amount authorized to be 
        appropriated under section 12(a)(1), but not to exceed 
        $100,000,000, shall be deposited, without further 
        appropriation, in the White Mountain Apache Tribe 
        Settlement Subaccount.
          (2) Availability of funds.--The funds authorized to 
        be deposited in the White Mountain Apache Tribe 
        Settlement Subaccount pursuant to paragraph (1) shall 
        not be available for expenditure or withdrawal until 
        the later of--
                  (A) November 1, 2019; and
                  (B) the enforceability date.
  Page 51, strike line 17 and insert the following: ``is 
amended by striking `January 1, 2013' and inserting `May 1, 
2020'''.
  Page 52, delete lines 17 through 23 and insert the following: 
``be known as the `WMAT Settlement Fund', consisting of such 
amounts as are deposited in the fund under subparagraph (B), 
together with any interest accrued on those amounts, for use by 
the Tribe in accordance with subparagraph (C).''.
  Page 58, strike lines 13 through 15 ``that, on an annual 
basis, the deadline described in section 9(d)(2) is not likely 
to be met because the amount authorized by subsection (a) has 
not been ap-'' and insert ``that, on an annual basis, the 
amount authorized to be appropriated under subsection (a) will 
not be ap-''.
  Page 58, line 17, insert ``by October 31, 2012'' after 
``Subaccount''.
  Page 59, lines 10 and 11, strike ``January 1, 2021'' and 
insert ``November 1, 2019, or the enforceability date, 
whichever is later''.
  Page 60, line 10, strike ``December 31, 2020'' and insert 
``November 1, 2019''.
  Page 60, strike lines 24 and 25 and insert the following: 
``not later than April 30, 2020--
          (1) effective beginning on May 1, 2020--''.

      PART D--TEXT OF AMENDMENT TO BE MADE IN ORDER FOR H.R. 1065

  At the end of the bill, add the following new section:

SEC. __. EFFECTIVE DATE.

  This Act shall not take effect until the Attorney General has 
submitted a formal written response to Congress that the Indian 
water rights settlement proposed in this Act represents a net 
benefit to the United States, based on the costs and risks of 
litigation and the odds that the White Mountain Apache Tribe 
would prevail in the litigation.

                                  
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