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 exten-
sion of certain Federal benefits, services, and assistance
to the Pascua Yaqui Indians of Arizona, and for other
purposes’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SOVEREIGNTY OF PASCUA YAQUI TRIBE.
(a) IN GENERAL.—Subsection (a) of the first section
of 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’’
(25 U.S.C. 1300f(a)) is amended by inserting after the
first sentence the following: ‘‘The Pascua Yaqui Tribe, a
historic Indian tribe, is acknowledged as a federally recog-
nized Indian tribe possessing all the attributes of inherent
sovereignty which have not been specifically taken away
by Acts of Congress and which are not inconsistent with
such tribal status.’’.
(b) EXTENSION OF ENROLLMENT DEADLINE.—Sec-
tion 3 of such Act (25 U.S.C. 1300f–2) is amended—
(1) in paragraph (B), by striking ‘‘and’’; and
(2) by redesignating paragraph (C) as para-
graph (D), and inserting after paragraph (B) the
following new paragraph (C):
‘‘(C) all those persons of Yaqui blood who are
citizens of the United States and who, within 3
years after the date of enactment of this paragraph,
apply for enrollment in the Pascua Yaqui Tribe pur-
suant to the membership criteria and procedures
provided for in the official governing documents of
the Pascua Yaqui Tribe; and’’.
SEC. 2. STUDY.
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’’
(25 U.S.C. 1300f et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 4. STUDY.
‘‘(a) IN GENERAL.—The Secretary of the Interior shall
conduct one or more studies to determine—
‘‘(1) whether the lands held in trust on the date
of enactment of this section by the United States for
the Pascua Yaqui Tribe are adequate for the needs of
the tribe for the foreseeable future;
‘‘(2) if such lands are not adequate—
‘‘(A) whether suitable additional lands are
available for acquisition by exchange or pur-
chase; and
‘‘(B) the cost and location of the suitable
additional lands;
‘‘(3) whether the Pascua Yaqui Tribe has suffi-
cient water rights and allocations to meet the needs
of the tribe for the foreseeable future;
‘‘(4) if such water rights and allocations are not
adequate—
‘‘(A) whether additional water can be ac-
quired; and
‘‘(B) the potential sources and associated
costs of such additional water;
‘‘(5) whether the Bureau of Indian Affairs and
the Indian Health Service have limited funding to the
Pascua Yaqui Tribe based on a determination of the
tribal enrollment in 1978, rather than the current en-
rollment;
‘‘(6) if funding has been based on 1978 enroll-
ment, how the funding levels can be adjusted to ensure
that the Pascua Yaqui Tribe receives a fair and equi-
table portion of Bureau of Indian Affairs and Indian
Health Service funding;
‘‘(7) the genealogy of the Pascua Yaqui Tribe;
and
‘‘(8) the economic development opportunities
available to the tribe as a result of the North Amer-
ican Free Trade Agreement.
‘‘(b) TRIBAL PARTICIPATION.—The Secretary shall
provide for the participation of members of the Pascua
Yaqui tribe to carry out subsection (a).
‘‘(c) REPORT.—Not later than 2 years after the date
on which funds are made available to carry out this section,
the Secretary of the Interior shall submit a report to Con-
gress that contains the results of each study conducted pur-
suant to subsection (a).
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’.