Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 39) to repeal section 10(f) of Public Law 93-531, commonly known as the ``Bennett Freeze''. Mr. Speaker, I ask unanimous consent…
Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 39) to repeal section 10(f) of Public Law 93-531, commonly known as the ``Bennett Freeze''.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the pending legislation would settle a longstanding dilemma faced by the people of the Navajo and Hopi Nations in Arizona. At the outset, I would commend our colleague from Arizona (Mrs. Kirkpatrick) for her tenacity in working to have this measure considered by the House, and hopefully by the end of the day, passed and sent to the President for his signature.
The need for this legislation dates back to an executive order issued in 1882 which set aside land in northern Arizona for the Hopi Tribe and such other Indians as the Secretary of the Interior may see fit to settle thereon. A 1934 act of Congress setting aside some of the same lands for the Navajo Nation further complicated the matter.
In 1962, a Federal District Court ruled that both the Hopi Tribe and the Navajo Nation had joint rights to use the land in dispute. This ruling created great tension between the two tribes over critical issues such as access to sacred sites and the development of lands in the joint use area. Because of this situation, in 1966 the Commissioner of the Bureau of Indian Affairs, Robert Bennett, issued a freeze on any development on the disputed lands. This freeze extended to some of the core aspects of tribal life, including the building of homes, improvement to property, public works projects, power lines, and water and sewer access.
After nearly a century of dispute between the Navajo Nation and the Hopi Tribe, the Navajo-Hopi Settlement Act was enacted in 1974 in an attempt to settle rights and interests between the two Native nations. However, in 1980, Congress amended that act to codify the Bennett Freeze. As a result of this freeze on development, tribal citizens living in the Bennett Freeze region find themselves living in 1966 conditions. Only 3 percent of these families affected by the Bennett Freeze have electricity and only 10 percent have running water.
In 2005, the Navajo and the Hopi governments entered into an intergovernmental agreement that resolved all outstanding issues regarding the land in dispute. This agreement contains language which puts an end to the ban on development on the disputed lands. The Secretary of the Interior approved this agreement in September 2006.
This legislation will clarify the law so that it is in agreement with all of the land users and finally close this longstanding dispute between neighboring Indian tribes.
I once again commend our colleague, Mrs. Kirkpatrick, who has a companion bill here in the House for her work in getting this bill to the floor today. The aforementioned conditions of those living in the Bennett Freeze area are unacceptable. The tribes have resolved their issues and the administration has fulfilled its duties, and now it is time for us to pass this legislation and fulfill our trust responsibility to these two native nations.
I urge all of my colleagues to support the passage of Senate bill 39.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, it is my pleasure to yield such time as she may consume to the sponsor of the House companion measure to S. 39, the gentlewoman from Arizona (Mrs. Kirkpatrick).
Mr. Speaker, I have no further speakers, and I yield back the balance of my time as well.