Floor Statements

Madam Speaker, I rise today to honor Judge Santiago Campos by reintroducing legislation to name the Federal courthouse in Santa Fe, New Mexico, after him. We are approaching the sixth anniversary of his passing, which occurred on January 20, 2001, and naming this courthouse after the first Hispanic appointed to the Federal bench in New Mexico is a long overdue tribute. I am again pleased to be joined in introducing this legislation by Representatives Gonzalez, Grijalva, McDermott, Green, and Pastor. They have all cosponsored in the past and I thank them for cosponsoring again.

Judge Santiago Campos was the first Hispanic appointed to the Federal bench in New Mexico, serving from 1978 until his death in 2001, including as chief judge from 1987 through 1989. Judge Campos' career of public service only culminated with his service as a United States District Court Judge, as he also served in the United States Navy as a seaman first class from 1944 to 1946, as the Assistant and First Assistant Attorney General of New Mexico from 1954 to 1957, and as a District Court Judge from 1971 to 1978 in the First Judicial District in the State of New Mexico. Judge Campos served with distinction on the bench and displayed both firmness and compassion with those who entered his courtroom. He was a life long resident of New Mexico and graduated first in his law school class at the University of New Mexico.

Judge Campos was very active in his courtroom, often exercising his right to question witnesses in the middle of cross-examinations. Many agree that he became more involved in a case than other judges, but still let a lawyer try his own case. One of his most memorable cases ordered the Gannett Co. to return the New Mexican, Santa Fe's daily newspaper, to its former owner, Robert McKinney, due to a breach of contract.

During his career, Campos was an honorary member of the Order of the Coif. He also received the Distinguished Achievement Award of the State Bar of New Mexico in 1993, and in the same year the University of New Mexico honored him with a Distinguished Achievement Award.

Madam Speaker, following his passing, the New Mexico State legislature passed a joint memorial requesting Congress to name the Federal courthouse in Santa Fe, New Mexico, after Judge Campos. Judge Campos had his chambers in this courthouse for over 22 years. In addition, the judges of the Tenth Circuit Court of Appeals who reside in New Mexico and the district judges of the District of New Mexico unanimously requested and support congressional action to name the Federal courthouse after Judge Campos. I am pleased to once again take up this effort.

I am hopeful this will be the year to get this legislation passed and signed into law to honor this great man with a small token of appreciation for the remarkable life that he lived.

Madam Speaker, I rise today in strong support of H.R. 5, the College Student Loan Relief Act. As many of my colleagues have explained, H.R. 5 cuts in half over the next five years the interest rates on subsidized student loans for undergraduate students. This will make college more affordable and accessible for low- and middle-income students and their families.

Since 2001 tuition and fees at public universities have increased by 41 percent after inflation. During that same period tuition and fees at private universities have also increased by 17 percent after inflation. At the same time, interest rates on student loans have risen by almost 2 percentage points, adding another increasing cost to students and their families. It is estimated that 4.4 million high school students will be prevented from attending a four-year public college over the next decade, and another two million high school graduates will be prevented from attending any college at all, because of financial barriers.

In my home state alone, over 20,000 students currently have subsidized loans at four-year institutions, at an average debt of over $12,000. For these students starting school in 2007, over the life of the loan they will save over $2,000, while the average student starting school in 2011 will save over $4,000 over the life of the loan. While this savings is certainly significant, more than saving money, this legislation will provide opportunity to students across New Mexico, and the country, who otherwise might not be able to attend college. This is an inestimable value both to each of these students, as well as to our respective state's and our nation, which benefits from having a highly skilled and well-educated workforce.

I urge my colleagues to support this legislation.

Mr. Speaker, I rise today very pleased that we will finally pass legislation to implement in full the recommendations made by the 9/11 Commission over 2 years ago. This is an important day for our Nation, and an extremely important day for the security of our Nation.

There is much to like about this legislation, but today I would like to focus only on a few of the many important provisions in the bill. Specifically, I have supported in the past, and continue to support today, efforts to screen 100 percent of shipping containers headed through United States ports. As I have noted here on the floor of the House before, approximately 95 percent of our Nation's trade, worth nearly $1 trillion, enters or leaves through our seaports. We must secure these ports and do so immediately. We have already waited too long.

I know there is much concern about the feasibility of this provision to screen 100 percent, because of cost as well as whether or not it is simply possible. But Madame Speaker, I believe it is feasible. There are technologies being developed in my district by able small businesses to provide for improved screening processes while ensuring that port operations continue efficiently and effectively. Our Nation has faced challenges to our security before, and industry and our citizens have responded. I believe this can be the case again if we demonstrate the will to lead. And today we are on the verge of doing so.

Another aspect of H.R. 1 that I would like to highlight today are the changes made to the Civil Liberties Oversight Board. Representatives Maloney, Shays, and I introduced legislation during the 109th Congress to make the Board an independent agency, grant the Board subpoena authority, subject all members of the Board to be confirmed by the Senate, require that no more than three members of the same political party be allowed to serve simultaneously, thus creating a more bipartisan and politically diverse board, and require each executive department or agency with law enforcement or antiterrorism functions to designate a privacy and civil liberties officer. H.R. 1 includes each and every one of these provisions.

Mr. Speaker, these are just a few of the many provisions included in H.R. 1 that will help secure our nation and I strongly support the passage of this legislation today. I urge my colleagues to do the same.

Mr. Speaker, my uncle, Mo Udall, served here in the House of Representatives for 30 years. For the last 10 years, he served with Parkinson's disease, and every day his friends and colleagues saw this crippling disease take a little piece of him. Millions of families are facing the same kind of disabling diseases: Parkinson's, Alzheimer's, lupus and many more.

The bill we will consider today on the House floor gives these millions of American families hope. There is great promise in stem cell research. This bipartisan bill would increase the number of embryonic stem cell lines eligible for Federal research.

I hope that the President will reconsider his ill advised veto and give American families hope.

I rise today to state my support for this legislation that would provide a long overdue increase in the minimum wage for millions of workers around the country. As many of my colleagues have stated today, Congress has failed to increase the minimum wage for more than 9 years. This is the longest period in the history of the minimum wage that it has not been increased. This is unacceptable and I am pleased we finally are taking action today to remedy this situation.

America's families have seen their real income drop by almost $1,300 since 2000, while the costs of health insurance, gasoline, home heating, and college attendance have increased by almost $5,000 annually. America's families have been squeezed for far too long. Increasing the minimum wage to $7.25 an hour, which this legislation would do over the period of 2 years, is not a panacea for the hard working men and women who earn the minimum wage in our economy. However, everyone can agree that additional money in the pockets and savings accounts of these 13 million Americans will be of some help.

I strongly support H.R. 2 and urge my colleagues to do the same.

Mr. Speaker, I rise today to honor the memory of a family recently devastated by a tragic drunk driving accident. On Saturday, November 11, Paul Gonzales, Renee Collins- Gonzales, and their

daughters, Alisha Garcia, Jacquelynn Gonzalez, and Selena Gonzales were killed in a horrific accident. Arissa Garcia, Renee's daughter, survived the terrible crash.

Paul was the co-owner of a small family-owned business in Las Vegas, New Mexico, a town he had lived in his whole life. Paul was well-known throughout his home town, especially as a strong supporter of youth sports and academics. A graduate of Robertson High School, he was continually involved in fundraising events for the high schools in the area. He was extremely active with the Robertson band and football team, even designing the 2006 District Championship t-shirts for the school. Extremely civic-minded, Paul was a member of the Las Vegas Fiesta Council and spent some of his spare time helping to restore historical buildings.

Renee, Paul's wife, was also a lifelong resident of Las Vegas. Renee spent her life caring for others, as a nurse at the hospital and in the West Las Vegas School System. Looking to increase her education, she was finishing her master's degree in nursing and was working towards becoming a nurse practitioner. Renee was extremely devoted to her family and always found the time to spend with each one of them.

Alisha, seventeen years old, was Renee's daughter and Paul's stepdaughter. She was a senior at West Las Vegas High School, and was scheduled to graduate in May 2007. Like her mother, she also was extremely dedicated to her family and enjoyed her role as the eldest sister, often putting the needs of her sisters ahead of her own. Alisha was continually active, participating in several sports and music programs, and also learning sign language.

Jacquelynn, the daughter of Paul and Renee, was eleven years old. A fifth grader, Jacquelynn enjoyed participating in her school's basketball and soccer teams, and also enjoyed other sports, camping, and fishing. She was thoughtful and giving, and enjoyed spending time with her family.

Selena, also the daughter of Paul and Renee, had celebrated her tenth birthday only three days before the tragic accident took her life. In fourth grade, Selena enjoyed school and was an honor student. She also enjoyed participating in sports and was known to be daring and to live life to the fullest. Like the rest of her family, she was considerate, thoughtful, and brought joy to all those around her.

While we remember these five extraordinary people, we must also show our support for Arissa, who was the only survivor of the accident. Arissa, who is fifteen, sustained injuries in the accident, but is slowly recuperating and is already back in school.

The members of this family have touched the lives of all members of the community, as was evident by the thousands of people who attended their services. I want to recognize the entire community for coming together to show their support to Arissa and her family. I also want to acknowledge the pledge that students, staff, teachers, friends, and other members of the community have made--that they will never drink and drive, that they will not let a friend drink and drive, and that they will not get into a vehicle with someone who is intoxicated. If more people were to take this pledge and stick with it, the number of drunk driving tragedies surely would decrease.

In recent years, New Mexico has taken many strides to curb drunk driving accidents throughout the State. In fact, recent figures have shown an 11 percent decrease in drunk driving accidents in the past year. However, this tragedy shows that even one drunk driver is one too many.

We all have our own horror stories of how our constituents have been affected by drunk driving accidents. Let's commit ourselves today to taking the necessary steps to truly attack this problem. I intend to work with local, State, and federal officials, as well as the families of the victims of this horrific crash and others that have been impacted by drunk driving to continue to attack this problem. We can only defeat this problem if we all work together.

Mr. Speaker, I rise today to once again express my strong opposition to the way the current Majority conducts business here in the House of Representatives. True to their tenure in charge of this Chamber, on the last day of the 109th Congress they are packaging four separate provisions only barely tenuously related into one omnibus measure. This is not the way to legislate, and it is particularly frustrating because there are several excellent provisions included in this omnibus bill, unfortunately packaged with atrocious provisions that cannot and would not stand on their own merits.

Mr. Speaker, there is much to like in this legislation. There are extensions of many important tax provisions that are scheduled to soon expire that are critical to businesses, students, educators, renewable energy development, and our troops. There is a vitally important freeze, and in some cases an increase, in reimbursements under Medicare for physicians. This particular provision is extremely important to my State of New Mexico, and I have worked to address the scheduled cut in reimbursement rates by cosponsoring legislation to repeal the sustainable growth rate formula, as well as joined many of my colleagues in sending letters to the House Leadership and other Members on committees with oversight responsibility for the Medicare program. In addition to the physician reimbursement, there are also several important provisions for rural health care providers under Medicare. Many of these provisions are included in rural health care legislation that I was proud to cosponsor during this Congress.

However there is more that is objectionable in this legislation. Once again, the majority's tunnel vision and unwillingness to legitimately explore alternative sources of energy has led us to their energy panacea--drilling in areas closed to exploration. There are answers to our energy problems beyond drilling, the majority simply chooses not to look at them in a serious manner. I strongly support the rebuilding of the Gulf Coast States devastated by last year's hurricanes, and recognize the obligation of the Federal Government to assist in doing so. I also believe we must urgently protect and restore coastal wetlands. But I do not believe it should be done through the royalties derived from oil and gas leases authorized by this provision. These funds should be deposited in the Federal coffers--as more than the majority of funds derived from Federal oil and gas leases are--not set up as a new entitlement for only four States. Redirecting these funds marks an unprecedented raid on the Federal Treasury of billions of dollars for the benefit of four States. This kind of fiscal irresponsibility is unacceptable.

Also Mr. Speaker, I am extremely disappointed at the inclusion of Health Savings Accounts, a measure that would have trouble passing Congress as a stand-alone. Again, this legislation marks another significant decrease in revenue, to the estimated tune of $287 million from FY07 to FY11, and by $1 billion from FY07 to FY16.

Regardless of the provisions included in this legislation, this is no way to legislate. It is not good government and is not good for democracy. Each of these measures are important enough on their own that they deserve up-or-down votes and the only good about today is that this is the last day the majority win be able to conduct the business of the House in such an irresponsible manner.

Mr. Speaker, I rise today in opposition to this legislation and I do so because I believe this bill undermines the nuclear Non-Proliferation Treaty (NPT), lacks sufficient safeguards to prevent India from continuing to produce nuclear weapons, and threatens the stability of the region.

Mr. Speaker, there is no question that India is an important relationship for the United States to cultivate. India's booming economy, efforts to combat terrorism, and commitment to democracy means they will be a key strategic partner of ours for years to come. However, I do not believe the proper way to cultivate this relationship is by lifting the moratorium on nuclear trade with India.

We all know that India is not a signatory to the NPT, and yet we stand on the verge of rewarding a country operating outside the parameters of this vitally important treaty. This agreement loosens export control laws and clears the way to provide nuclear assistance. It does so without requiring India to limit its fissile material production and without establishing restrictions on the number of weapons they plan to produce. Also under the framework, 8 of India's 22 nuclear plants would be protected from inspection. These 8 plants just so happen to be the military facilities that will remain out of the purview of international inspection.

The Administration maintains that nuclear proliferation and the fear that terrorist organizations could acquire nuclear weapons, is the greatest threat to our Nation's security. But Mr. Speaker, passing this legislation today to allow the President to waive portions of the Atomic Energy Act will shred the NPT, the most successful agreement we have to guard against proliferation. If India, a nation operating their nuclear programs outside the NPT, can strike an agreement of this magnitude, allowing them this much flexibility and holding them to so few hard and fast standards, why would any other nation not currently party to the NPT wish to join?

Passing this legislation today sends the wrong signal. It makes very real the threat of an arms race between Pakistan and India, an already extremely fragile relationship between two long-time adversaries. Mr. Speaker, passing this legislation today is an enormous step backwards for global nonproliferation efforts and I urge my colleagues to reject it.

Mr. Speaker, I rise today to introduce The Northwestern New Mexico Rural Water Projects Act. This legislation, which was also introduced in the Senate by my colleague from New Mexico Senator Bingaman, will ratify the historic San Juan River Settlement Agreement. This agreement, signed by the Navajo Nation and the State of New Mexico, will provide for the development of a rural water system to address the water needs of numerous New Mexicans, many of them members of the Navajo Nation.

The settlement agreement, once ratified, will resolve the Navajo Nation's water rights without litigation. It will also provide a water supply for Gallup, New Mexico, and recognize authorized and existing uses of San Juan River basin water. In exchange for relinquishing some of their claims to water from the San Juan River basin, the Navajo Nation will benefit from water development projects which include the Navajo-Gallup project and the Navajo Nation Municipal pipeline. The pipeline will convey water from the Animas-La Plata project from the city of Farmington, New Mexico, to numerous Navajo communities and the city of Shiprock.

The Navajo Nation, the State of New Mexico and many other residents of northwestern New Mexico put a tremendous amount of work into reaching an agreement that will provide a more secure future for many vulnerable communities. I am proud to be able to contribute today to their efforts by introducing the House companion bill and starting it down the path of Congressional approval. I look forward to working with my colleagues to pass this legislation to move these important water projects forward.

Mr. Speaker, I rise today to pay tribute to Dr. Marion Fleck, co-founder of the College of Nursing at the Health Sciences Center of the University of New Mexico. She was recently honored at a large gathering in Albuquerque, both for her enormous contributions to the field of nursing and also for her 90th birthday.

Marion Fleck is truly a remarkable lady, and her story is legendary. Born in Wisconsin on September 4, 1916, she earned a degree in nursing in her home State, a master's from Yale University, and a doctorate from the University of New Mexico with honors. In 1955 Dr. Fleck and Mary Jane Carter met with then UNM President Tom Popejoy, whose support led to his securing $60,000 from the New Mexico legislature that year to found the first baccalaureate program in nursing in the State. Out of that initial funding, the college grew to graduate thousands of nurses over the years in every aspect of patient care: teaching, research, and all the nursing specialties. Of particular triumph, the UNM College of Nursing will be graduating its first Ph.D. candidates in the 2007 academic year.

Dr. Fleck was Dean of the UNM College of Nursing in the mid-1970s and also served in other important positions in the community. She worked in public health and also served for 17 years as the director of school nursing for the Albuquerque public schools.

She is loved and admired for her commitment and devotion to better health care by her fellow professionals, by students, and by the untold numbers of the community that she has served so well.

Dr. Fleck's late husband was also a legend in public education. Dr. Martin Fleck was a professor and chair of biology at the University of New Mexico. Like his wife, he was a caring and involved member of his community, serving on committees that either founded or supported the symphony, public parks and many educational programs. He was also a devoted family man who, with his wife, raised his children, Martin and Ann Hara.

Dr. Marion Fleck is a visionary whose unwavering enthusiasm, vigorous efforts and diligent action blazed the course for others. She inspired both students and health professionals to be the best they could and to strive to follow her example of commitment and devotion to professional nursing and public health. Because of her courageous and determined spirit over a century ago, thousands of citizens across New Mexico and the Nation have received quality trained nurses to strive to make a better life for others. I respectfully ask my colleagues to join me today in paying the highest tribute to a New Mexico treasure and a great American, Dr. Marion Fleck.

Thank you, Dr. Fleck, for your many years of extraordinary service.

Mr. Speaker, I rise today to introduce the Eastern New Mexico Rural Water System Act of 2006. This is companion legislation to a bill being introduced today by Senator Domenici and Senator Bingaman.

This legislation is very similar to H.R. 4623, which I introduced during the 108th Congress. It contains, however, slight revisions that were suggested during hearings held both in the House and the Senate in 2004. There has long been a recognized need for a reliable and safe supply of potable water for eastern New Mexico.

In fact, Mr. Speaker, the recognized need goes back to the late 1950's when the New Mexico Legislature and Interstate Stream Commission authorized the construction of a dam on the Canadian River, thus establishing the Ute Reservoir. Soon after construction, numerous Congressionally-authorized studies were conducted to explore the feasibility of a project that would utilize the Ute Reservoir as a reliable water supply for communities in eastern New Mexico. Finally, in the late 1990's, several communities, concerned about the increasingly urgent need, came together to begin planning for the development of a regional water system.

Out of those meetings came the Eastern New Mexico Rural Water Supply Authority. The ENMRWS, as it is known, consists of six communities and two counties in eastern New Mexico. This Authority has expeditiously and effectively finalized the studies and planning necessary to move forward with this project.

Today, Mr. Speaker, we build upon the efforts of the citizens of eastern New Mexico who have both proven the critical need and completed the necessary steps that must form the basis for a project of this magnitude. This project is not new and the need for water is becoming increasingly more urgent. I strongly urge my colleagues to support this legislation and help provide a positive, long-term solution to a pressing water need in the rural West.

Mr. Speaker, today, as we consider passage of H.R. 6166, we stand on the verge of undermining our Nation's own moral standard, and risk further eroding the moral authority we have already jeopardized with our unilateral action in Iraq. H.R. 6166 must be defeated.

Former Chairman of the Joint Chiefs of Staff and former Secretary of State Colin Powell has written that the kinds of proposals included in H.R. 6166 add to the worldwide doubts of ``the moral basis of our fight against terrorism'' and ``would put our own troops at risk.'' Nearly all of the military's top attorneys have publicly expressed strong opposition to the proposals, saying that they not only go against the historical standards of conduct we have previously followed, but that the acts of torture and coercion are actually counterproductive, and in fact damaging, to the ability of our military to fully fight terrorism.

It has been said that we must develop new ways to fight the enemy we now face, that the enemy confronting us does not care for human life and therefore we must not be restrained by unclear or antiquated laws. And Mr. Speaker, there is some truth to that. We do need to pass legislation that will provide the President with a tough and fair system of military commissions that will ensure swift prosecution of terrorists and protect our men and women in uniform. However, we must do so within the boundaries of our own standards

and values. Not those of the enemy. In the meantime, if we continue to defile our international agreements by blatantly disregarding them, it will only mean our profile abroad will continue to suffer, potentially to the great detriment of our men and women in uniform, and ultimately to our goal of successfully defeating our enemy.

I would ask my colleagues, and I would ask the American people, do we really believe that we must betray our moral standard in order to defeat our enemies? We are fighting a different enemy, one espousing a radical ideology and using blatant violence as a vehicle to achieve its goals. But I do not believe for one second that this means our adaptation and our military strategy against this new enemy must include torture. Nor should it include a subversion of some of our most precious judicial protections. Tragically, and outrageously, H.R. 6166 includes both of these.

H.R. 6166 must be defeated.

Mr. Speaker, I rise today in opposition to H.R. 5825, the Electronic Surveillance Modernization Act.

The bill before us today allows this Administration to continue its program of unwarranted surveillance of Americans, in direct violation of the rights guaranteed to us by the Constitution and by statute. Mr. Speaker, proponents of this legislation claim that there is no violation or question about the program's legality. If that is, in fact, the case, then why are we considering legislation with the sole purpose of legalizing the President's, and the NSA's, actions?

Last December, we learned that President Bush authorized the National Security Agency to spy domestically, without obtaining any warrants. Since that time, we have learned very little about the program, largely due to the Administration's unwillingness to properly inform Congress about the programs components, scope, or its budget. The little we do know, however, is that through this program, hundreds, and possibly thousands, of Americans have had their telephone conversations and emails monitored without any judicial supervision. The Majority has failed in its oversight responsibilities. Nevertheless, we are preparing to pass legislation that legitimizes this little understood, but still extremely troubling program.

H.R. 5825 allows the President to authorize warrantless surveillance of communications of ordinary Americans without first obtaining approval from the FISA court. They say they need this because our laws are out of date. This is false and untrue.

Current law (FISA) allows the President to act in emergencies and when there is a declaration of war by Congress. The proponents have not come forward with evidence that the current law is not working or failing to protect us.

Congress must use the checks and balances placed in our Constitution to curb the Administration's actions. Congress needs to assert its oversight responsibility and fully evaluate this NSA program. And the Administration needs to stop its attempts to extend its power and authority, at every available opportunity, by circumventing our nation's laws. Despite what this Administration would have us believe, securing our nation from all enemies both foreign and domestic can be achieved without violations of our civil liberties and right to privacy. I urge my colleagues to vote no on this misguided and ill- advised legislation.

Mr. Speaker, I rise today in support of H.R. 4766, the Esther Martinez Native American Language Preservation Act of 2006; and I would like to thank my colleague from New Mexico (Mrs. Wilson) for introducing this important piece of legislation. It is an honor to be a cosponsor of it. I would also like to thank the gentleman from Michigan (Mr. Kildee) for his hard work on this issue, as well as many other Members who have taken an interest in this very important issue, and also thank Chairman McKeon who brought the committee to New Mexico.

I remember, Mr. Chairman, we were in that room and it was standing room only. I think we could have gotten a much bigger room and even a bigger crowd. But it was an enormous crowd, and I think we were all impressed, and you could see and feel the real interest in this issue in terms of native communities caring about preserving their language. So it was wonderful to have you in New Mexico and have the committee out there and Tom Petri, the gentleman from Wisconsin, who was also there.

Mr. Speaker, we pass this legislation today with the great hope for the future, but with great sorrow for the recent past. As has been mentioned, Ms. Esther Martinez, a master storyteller from Ohkay Owingeh, a pueblo located in my district, was tragically killed on September 17, 2006. Esther was returning home from the airport on the heels of a trip to Washington, D.C. to be honored as a 2006 National Heritage Fellow by the National Endowment for the Arts. Esther was 94 years old.

She had dedicated her life to maintaining and preserving the various forms of the Tewa language. Among her Pueblo people, Esther, or Aunt Esther, as many called her, is best known for her storytelling, but also recognized for her linguistic and educational

contributions. Esther taught Tewa at the San Juan Day School and for more than 20 years served as the school's director of bilingual education. She also published her stories and used them as learning tools in the classroom.

As a master of the Tewa language, she compiled Tewa dictionaries in various dialects for the Northern New Mexico Pueblos, and also translated the New Testament into Tewa.

Considering Esther's dedication to preserving her native language, it is a fitting tribute that this legislation be named after her. The importance of language and its ability to enhance the rich dynamics of our Nation's history is often overlooked. From learning the ancestry of those who came before us to passing stories down through the generations to maintaining religious, cultural, and social ties, language is fundamental. Passing this legislation today is an indication that the importance of cultivating and passing languages down to younger generations is now being recognized.

I have had the great honor of visiting the Pueblos, the Navajos and the Apaches, and others, in my district during my four terms in the Congress and learning the traditions and characteristics unique to each individual tribe. One similarity, however, is that native languages are being lost. Tribal elders are often the only ones fluent in the language as an increasing number of children are growing up in homes that speak only English.

The urgent need to protect and preserve Native American languages is clear. We must invest in their preservation by implementing immersion programs. Passage of this legislation today is an important step toward reversing that trend. I urge my colleagues to support this legislation.

Madam Speaker, this legislation will bring long overdue resolution to a dispute between the Jicarilla Apache Nation and Rio Arriba County in the State of New Mexico. Both parties and the Secretary of the Interior have already executed the terms agreed to within the settlement agreement. All that stands between the parties to this dispute and the long-overdue resolution is congressional approval.

This legislation upholds Congress' trust responsibility to the Jicarilla Nation by placing restrictive covenants on the trust land transferred to the county. As a result of the transferred land's proximity to the reservation, certain uses of the transferred land would have a detrimental effect on the remaining reservation. Therefore, this legislation allows the county to use the land only for governmental purposes and specifically prohibits the county from using the land for prisons, jails, or other incarcerated persons, and other purposes.

Madam Speaker, I urge my colleagues to support passage of this important legislation. Both the Nation and the county have waited years for this agreement to be implemented.

The dispute concerns the ownership of a road on a parcel of land formerly referred to as the Theis Ranch. The Theis Ranch property became part of the Jicarilla Nation Reservation in September of 1988.

A lawsuit was filed in October 1987 to determine the ownership status of a disputed road. In the original lawsuit, Rio Arriba County sought to establish that the County acquired the disputed road by prescription and, therefore, that the County was the road's rightful owner. However, the Jicarilla Nation contended that the Nation owned the road because the road was, and continues to be, within the boundaries of the expanded 1988 Jicarilla Reservation. On December 10, 2001, the District Court found in favor of the Jicarilla Nation, determining that the disputed road traversed the Jicarilla Reservation in several locations. Rio Arriba County appealed the District Court decision, and the appeal is currently pending before the Court of Appeals of the State of New Mexico.

In an effort to settle the road dispute amicably, the Jicarilla Nation and Rio Arriba County entered into mediation. The parties successfully reached a settlement. Representatives of the Secretary of the Interior approved the settlement on June 18, 2003. The settlement agreement, which would be implemented by this legislation, provided that the Jicarilla Nation would transfer approximately 70.5 acres of land located with the expanded 1988 Jicarilla Reservation to Rio Arriba County. In exchange for the Jicarilla Nation's land conveyance, Rio Arriba County agreed to permanently abandon any and all claims to the disputed road.

The settlement also provides that the terms of the agreement do not take effect until all parties complete their respective promises in the agreement and the United States, pursuant to federal law, approves of the conveyance of this particular Jicarilla trust land to Rio Arriba County.