Calendar No. 575

103D CONGRESS

2D SESSION H. R. 734

[Report No. 103–338]

AN ACT

To amend the Act entitled ‘‘An Act to provide for

of Arizona, and for other purposes’’.ices, and assistance to the Pascua Yaqui Indiansthe extension of certain Federal benefits, servAUGUST 16 (legislative day, AUGUST 11), 1994

Reported with an amendment
II

Calendar No. 575

103D CONGRESS

2D SESSION H. R. 734

[Report No. 103–338]

To amend the Act entitled ‘‘An Act to provide for the extension of certain

Federal benefits, services, and assistance to the Pascua Yaqui Indians

of Arizona, and for other purposes’’.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 3 (legislative day, JUNE 30), 1993

Received; read twice and referred to the Committee on Indian Affairs

AUGUST 16 (legislative day, AUGUST 11), 1994

Reported by Mr. INOUYE, with an amendment

[Insert the part printed in italic]

AN ACT

To amend the Act entitled ‘‘An Act to provide for the extension of certain Federal benefits, services, and assistance

to the Pascua Yaqui Indians of Arizona, and for other

purposes’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 734 RS

1 SECTION 1. SOVEREIGNTY OF PASCUA YAQUI TRIBE.

2 (a) IN GENERAL.—Subsection (a) of the first section

3 of the Act entitled ‘‘An Act to provide for the extension

4 of certain Federal benefits, services, and assistance to the

5 Pascua Yaqui Indians of Arizona, and for other purposes’’

6 (25 U.S.C. 1300f(a)) is amended by inserting after the

7 first sentence the following: ‘‘The Pascua Yaqui Tribe, a

8 historic Indian tribe, is acknowledged as a federally recog9 nized Indian tribe possessing all the attributes of inherent

10 sovereignty which have not been specifically taken away

11 by Acts of Congress and which are not inconsistent with

12 such tribal status.’’.

13 (b) EXTENSION OF ENROLLMENT DEADLINE.—Sec14 tion 3 of such Act (25 U.S.C. 1300f–2) is amended—

15 (1) in paragraph (B), by striking ‘‘and’’; and

16 (2) by redesignating paragraph (C) as para17 graph (D), and inserting after paragraph (B) the

18 following new paragraph (C):

19 ‘‘(C) all those persons of Yaqui blood who are

20 citizens of the United States and who, within 3

21 years after the date of enactment of this paragraph,

22 apply for enrollment in the Pascua Yaqui Tribe pur23 suant to the membership criteria and procedures

24 provided for in the official governing documents of

25 the Pascua Yaqui Tribe; and’’.
3

•HR 734 RS

1 SEC. 2. STUDY.

2 The Act entitled ‘‘An Act to provide for the extension

3 of certain Federal benefits, services, and assistance to the

4 Pascua Yaqui Indians of Arizona, and for other purposes’’

5 (25 U.S.C. 1300f et seq.) is amended by adding at the end

6 the following new section:

7 ‘‘SEC. 4. STUDY.

8 ‘‘(a) IN GENERAL.—The Secretary of the Interior shall

9 conduct one or more studies to determine—

10 ‘‘(1) whether the lands held in trust on the date

11 of enactment of this section by the United States for

12 the Pascua Yaqui Tribe are adequate for the needs of

13 the tribe for the foreseeable future;

14 ‘‘(2) if such lands are not adequate—

15 ‘‘(A) whether suitable additional lands are

16 available for acquisition by exchange or pur17 chase; and

18 ‘‘(B) the cost and location of the suitable

19 additional lands;

20 ‘‘(3) whether the Pascua Yaqui Tribe has suffi21 cient water rights and allocations to meet the needs

22 of the tribe for the foreseeable future;

23 ‘‘(4) if such water rights and allocations are not

24 adequate—

25 ‘‘(A) whether additional water can be ac26 quired; and
4

•HR 734 RS

1 ‘‘(B) the potential sources and associated

2 costs of such additional water;

3 ‘‘(5) whether the Bureau of Indian Affairs and

4 the Indian Health Service have limited funding to the

5 Pascua Yaqui Tribe based on a determination of the

6 tribal enrollment in 1978, rather than the current en7 rollment;

8 ‘‘(6) if funding has been based on 1978 enroll9 ment, how the funding levels can be adjusted to ensure

10 that the Pascua Yaqui Tribe receives a fair and equi11 table portion of Bureau of Indian Affairs and Indian

12 Health Service funding;

13 ‘‘(7) the genealogy of the Pascua Yaqui Tribe;

14 and

15 ‘‘(8) the economic development opportunities

16 available to the tribe as a result of the North Amer17 ican Free Trade Agreement.

18 ‘‘(b) TRIBAL PARTICIPATION.—The Secretary shall

19 provide for the participation of members of the Pascua

20 Yaqui tribe to carry out subsection (a).

21 ‘‘(c) REPORT.—Not later than 2 years after the date

22 on which funds are made available to carry out this section,

23 the Secretary of the Interior shall submit a report to Con24 gress that contains the results of each study conducted pur25 suant to subsection (a).
5

•HR 734 RS

1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section.’’.