September 19, 2012 CONGRESSIONAL RECORD — HOUSE H6075 

power resources in the Third Congressional District of Colorado and other 

districts in Colorado, Wyoming, Utah, 

Arizona, and New Mexico. These rivers 

are also home to four native fish species at risk of a ‘‘jeopardy’’ finding 

under the Endangered Species Act. 

Such a finding would impose on western constituents dramatic losses in 

water availability and hydropower reduction, resulting in lost jobs and increased power rates at a time when we 

can least afford it. 

The Endangered Fish Recovery Act 

of 2012 extending the authorization for 

the Upper Colorado and San Juan Fish 

Recovery Implementation programs 

will continue necessary efforts to recover four endangered fish species and 

provide compliance for Federal, tribal, 

and non-Federal water projects. These 

programs are supported by a broad 

swath of stakeholders, from local 

towns and counties to environmental 

groups and private industry, and are 

excellent examples of local solutions in 

lieu of onerous Federal management 

and overregulation. 

I’m also pleased to see the cost reforms in this extended authorization. 

H.R. 6060 limits overhead to 3 percent 

and prohibits Federal employees from 

traveling to Washington, D.C., to lobby 

for their programs—activities well beyond the bounds of their purview. 

These cost savings and their measures 

will allow for greater allocation of resources to species recovery. 

I’m optimistic that these programs 

can reach their goals in the coming 

year, recover the species in jeopardy, 

and safeguard the economic well-being 

of our communities, jobs, and everything connected with these efforts. 

Mr. GRIJALVA. I yield back the balance of my time. 

Mr. BISHOP of Utah. I think some of 

my staff thought I should be a little bit 

more expansive in my remarks. So this 

is a really good bill with a really good 

sponsor. 

Actually, this is one of those things 

where the nice part is, for this mitigation plan that will allow these projects 

to go forward, taxpayers are paying no 

money. It’s paid by the utility ratepayers of this particular area. If this is 

not reauthorized, it may put that part 

in jeopardy. And we did put some 

guidelines in there to protect so that 

the overhead that can be charged to 

the utility ratepayers has a potential 

limit on it. 

It’s a good bill. With that, I urge its 

adoption, and I yield back the balance 

of my 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. 6060. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill was 

passed. 

A motion to reconsider was laid on 

the table. 

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 


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H6076 CONGRESSIONAL RECORD — HOUSE September 19, 2012 

possible application of State law to onreservation 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 

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. 

b 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 (twothirds being in the affirmative) the 

rules were suspended and the bill, as 

amended, was passed. 

A motion to reconsider was laid on 

the table. 

f 

ALLOWING PASCUA YAQUI TRIBE 

TO DETERMINE REQUIREMENTS 

FOR MEMBERSHIP 

Mr. BISHOP of Utah. Mr. Speaker, I 

move to suspend the rules and pass the 

bill (H.R. 3319) to allow the Pascua 

Yaqui Tribe to determine the requirements for membership in that tribe, as 

amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 3319 

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

Congress assembled, 

SECTION 1. REQUIREMENTS FOR MEMBERSHIP 

DETERMINED BY TRIBE. 

Section 3 of Public Law 95–375 (25 U.S.C. 

1300f–2) is amended to read as follows: 

‘‘SEC. 3. For the purposes of section 1 of this 

Act, membership of the Pascua Yaqui Tribe 

shall consist of any United States citizen of 

Pascua Yaqui blood enrolled by the tribe.’’. 

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. Mr. Speaker, I 

ask unanimous consent that all Members have 5 legislative days to revise 

and extend their remarks and include 

extraneous material 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, 

since I doubt very seriously if I can get 

through any kind of statement and say 

‘‘Pascua Yaqui’’ Tribe accurately, it 

would be my intent, if I could, to yield 

10 minutes to the gentleman from Arizona to explain his bill. It’s a good bill, 

we support it, and he can say it properly. 

I reserve the balance of my time. 

Mr. GRIJALVA. Mr. Speaker, I yield 

myself such time as I may consume. 

I appreciate Chairman BISHOP’s indulgence at this point. 

Mr. Speaker, I rise in support of H.R. 

3319, a bill that would authorize the 

Pascua Yaqui Tribe to set its own 

membership criteria by replacing congressionally mandated criteria that artificially limited enrollment to certain 

Yaqui people based on application 

deadlines and other requirements that 

do not reflect tribal input. 

H.R. 3319 reflects the modern congressional policy of allowing federally 

recognized tribes to set their own 

membership criteria. The bill eliminates current membership requirements imposed by statute and replaces 

them with a requirement that members 

possess any degree of Indian blood as 

determined by the tribe. The Pascua 

Yaqui Tribe, like all federally recognized tribes, has the inherent right to 

determine its own membership without 

restrictions imposed by the Federal 

Government. 

Mr. Speaker, I ask my colleagues to 

support the passage of H.R. 3319, and I 

yield back the remainder of my time. 

Mr. BISHOP of Utah. Mr. Speaker, 

the House actually passed a bill similar 

to this on tribal membership that recognized a tribe in Texas last year, so 

there is precedent for this event. I 

would therefore have no objection to 

the passing of this resolution today 

and urge Members’ support of it. 

With that, I yield back all the remainder of the 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. 3319, as amended. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill, as 

amended, was passed. 

A motion to reconsider was laid on 

the table. 

f 

HONORING THE FOUR UNITED 

STATES PUBLIC SERVANTS WHO 

DIED IN LIBYA 

Ms. ROS-LEHTINEN. Mr. Speaker, I 

move to suspend the rules and agree to 

the resolution (H. Res. 786) honoring 

the four United States public servants 

who died in Libya and condemning the 

attacks on United States diplomatic 

facilities in Libya, Egypt, and Yemen. 

The Clerk read the title of the resolution. 

The text of the resolution is as follows: 

H. RES. 786 

Whereas, on September 11, 2012, terrorists 

attacked the United States consulate in 

Benghazi, Libya, killing four United States 

citizens, including the United States Ambassador to Libya, John Christopher Stevens, 

Foreign Service Information Management 

Officer Sean Smith, and security officers Tyrone S. Woods and Glen A. Doherty, and injured other United States citizens; 

Whereas, on September 11, 2012, violent 

protesters stormed the United States embassy in Cairo, Egypt, committing acts of 

vandalism and violence and endangering the 

welfare of United States diplomats; 

Whereas, on September 13, 2012, violent 

protestors were repelled from an attempt to 

storm the United States embassy in Sana’a, 

Yemen; 

Whereas Ambassador Stevens was a champion of the Libyan people’s efforts to remove 

Muammar Qaddafi from power, and served as 

Special Envoy to the Libyan Transitional 

National Council in Benghazi during the 2011 

Libyan revolution; 

Whereas, on a daily basis, United States 

diplomats, military personnel, foreign service nationals and locally employed staff, and 

other public servants make professional and 

personal sacrifices to faithfully serve the 

United States and its people to advance the 

ideals of freedom, democracy, and human 

dignity around the globe; 

Whereas many United States diplomatic 

facilities remain threatened by terrorist attacks or violent protests in the wake of 

these attacks; and 

Whereas Article 22 of the Vienna Convention on Diplomatic Relations obligates host 

governments to ‘‘take all appropriate steps 

to protect the premises of the [diplomatic] 

mission against any intrusion or damage and 

to prevent any disturbance of the peace of 

the mission or impairment of its dignity.’’: 

Now, therefore, be it 

Resolved, That the House of Representatives— 

(1) recognizes the selfless commitment to 

United States national security and to 

Libya’s hard-won, transitional democracy by 

the brave United States citizens who lost 

their lives in the unjustified attack on the 

United States consulate in Benghazi, Libya; 

(2) expresses its deepest condolences to the 

families and loved ones of those United 

States public servants killed in Benghazi, 

Libya; 

(3) condemns in the strongest possible 

terms the terrorists who planned and conducted the attack on the United States consulate in Benghazi, Libya, and those who 

vandalized the United States embassies in 

Cairo, Egypt, and Sana’a, Yemen; 

(4) expresses profound concern about the 

security situation in Libya, Egypt, and 

Yemen, and with the continuing threat posed 

to the region and United States interests by 

extremists and terrorists; 

(5) appreciates the actions of those who 

sought to protect the United States diplomats and diplomatic facilities; 

(6) reaffirms that nothing can justify terrorism or attacks on innocent civilians and 

diplomatic personnel; 

(7) calls upon all governments to continue 

to work closely with the United States Department of State to ensure security of diplomatic facilities throughout their countries, to secure their borders, and to aggressively combat terrorists and extremists who 

operate within their sovereign territory; 


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