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