Tom Udall

Mr. UDALL of New Mexico

Mr. UDALL of New Mexico. Madam Speaker, I rise to introduce a bill to ratify a conveyance of a portion of the Jicarilla Apache reservation to the county of Rio Arriba, New Mexico. This legislation will bring resolution to a long-standing dispute between the Jicarilla Apache Nation and Rio Arriba County. In the 109th Congress, H.R. 4876, a nearly identical bill, passed the House under suspension of the rules. The dispute, which has been ongoing for nearly two decades, is over the ownership of a road on a parcel of land formerly referred to as Theis Ranch. The Jicarilla Nation purchased Theis Ranch in 1985 and, in March 1988, the Nation subsequently conveyed a trust deed for Theis Ranch to the United States. The Theis Ranch property then, by proclamation of the Secretary of the Interior, became part of the Jicarilla Reservation in September 1988. A lawsuit was filed in October 1987 and the District Court was asked to determine the ownership status of the disputed road. In the original lawsuit, Rio Arriba County sought to establish that the county acquired the disputed road by prescription and, therefore, 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 and determined that the disputed road traversed the Jicarilla Reservation in several locations. Rio Arriba County appealed the December 2001 District Court decision; the appeal is currently pending before the Court of Appeals of the State of New Mexico. In a separate yet relevant matter, Rio Arriba County appealed a February 2003 decision by the Southwest Bureau of the United States Department of the Interior to acquire a tract of land referred to as the Boyd Ranch in trust for the Jicarilla Nation. Rio Arriba's appeal of this determination is currently pending before the Interior Board of Indian Appeals. In an effort to settle the road dispute, the Jicarilla Nation and Rio Arriba County entered into mediation. The parties successfully reached a settlement that was subsequently executed by the Jicarilla Nation on May 3, 2003, and Rio Arriba County on May 15, 2003. 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. Both parties and the Secretary of the Interior have fully performed the terms agreed to within the settlement agreement. All that stands between the parties to this dispute and long overdue resolution is Congressional approval. Consequently, the legislation will adjust the Jicarilla Reservation border in order to account for the transfer. At the same time, this legislation upholds Congress' trust responsibility to the Jicarilla Nation by placing restrictive covenants on the trust land transferred to the County. In other words, this legislation recognizes that the transferred land is immediately adjacent to the remainder of the Jicarilla Nation. 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 but specifically prohibits the County from using the land for prisons, jails, or other facility for incarcerating persons. Madam Speaker, I urge my colleagues to expedite passage of this legislation. Both the Nation and the County have waited years for this agreement to be implemented. Congress must now do their part to provide long overdue resolution.

Mr. UDALL of New Mexico

Mr. UDALL of New Mexico. Madam Speaker, if Bob Johnson had only one career, he would still be worthy of our admiration. If he had been only a hard working and talented reporter, a reporter who was loved by his coworkers and revered by the many he mentored, he would deserve our respect. Had he been only a crusader for open government, a tireless advocate for freedom of the press and the people, he would deserve our appreciation. But Bob Johnson was all of these things: A no-nonsense former marine who kept people informed about their government and changed government to make it more responsive to the people. Bob Johnson wrote the Associated Press' first bulletin on the assassination of President John F. Kennedy. His coverage of that tragedy shaped the response of a mourning nation and quelled public panic with prompt information. As an editor, Johnson taught young reporters the ins and outs of the newspaper business. Those who worked with him remember a ball of energy who was never too busy to pass along a hard-learned lesson or counsel a colleague in need. He covered everything from the Apollo space flights to the taking of hostages at the 1972 Munich Olympics with the same diligence, precision and enthusiasm. In his ``retirement,'' Johnson founded and ran the New Mexico Foundation for Open Government. With a reporter's instinct for bringing public scrutiny to private places, Johnson has helped file more than 70 successful complaints under the Open Meetings Act. The organization he founded has helped the New Mexico Legislature craft laws to protect freedom of information and teach young people about their First Amendment rights. By educating and. empowering citizens around the state, the Foundation for Open Government has helped put government transparency on the public agenda in New Mexico. Thanks to Johnson, we know more about the decisions that affect our lives. Bob Johnson's life will always remind us that a commitment to truth is powerful. For his more than 60 years of dedicated work in the public interest, I wish to honor Robert H. Johnson.

Mr. UDALL of New Mexico

Mr. UDALL of New Mexico. Madam Speaker, when Pamela Minzner became the first female chief justice of the New Mexico Supreme Court, lawyers wanted to know what to call her. New Mexico lawyers had never used the phrase ``Madam Chief Justice,'' so they decided to inquire if they could call her ``Chief Justice Minzner.'' The Chief Justice's reply speaks volumes about her personality. She told the shocked lawyers, ``just call me Pam.'' Pamela Minzner grew up with dreams of being a secretary. She believed the job would give her all the independence a woman could expect. But after interning at the Ohio Civil Rights Commission in the 1960s, Minzner decided to study law. In 1968 she graduated from Harvard Law School as one of 22 women in a class of 500. In 1994, she became just the second woman to serve on the New Mexico Supreme Court, and in 1999 she became the court's first female chief justice. Minzner will always be known for her integrity. She stood strong on principal when politics threatened to poison the court. She gave freely of her advice and compassion, and public officials across New Mexico regarded her as a mentor and a friend. Assistants remember leaving her chambers late at night with the judge still working, and her husband, Dick, recalls her commitment to the law and to her work. I served as New Mexico's Attorney General when Justice Minzner was on the Supreme Court. I remember her ability to inspire trust in the rule of law. Justice Minzner believed in the law as a force for progress and fairness. Through the respect she showed to every lawyer who entered her court, she showed New Mexico that the legal system can be fair and just to all sides. On behalf of New Mexico, I want to honor Justice Minzner for her exemplary work and life as a wife to Dick and mother to Carl and Max.

Mr. UDALL of New Mexico

Mr. UDALL of New Mexico. Mr. Chairman, I continue to reserve my time.

Mr. UDALL of New Mexico. Mr. Chairman, I yield 1 minute to the gentleman from New Hampshire, a leader in the freshman class on this issue, Mr. Paul Hodes.

Mr. UDALL of New Mexico. Yes, I do.

Mr. UDALL of New Mexico. Mr. Chairman, I would like the gentlewoman from Colorado (Ms. DeGette) to speak for 1 minute. She has helped enormously in this effort. She is a key player on the Energy and Commerce Committee.

Mr. UDALL of New Mexico. Mr. Chairman, I recognize the gentleman from Maryland (Mr. Gilchrest) for 30 seconds. He knows this issue very well and I think has some important words for us.

Mr. UDALL of New Mexico. Mr. Chairman, the staff work has been incredible on this, including my legislative director. I want to thank them all. My cousin, who has been a key part in this effort, gave up his time so the Republicans could speak in a spirit of bipartisanship. With that, I would urge the rest of my colleagues to join me and my friends in passing this amendment and putting America on a path to a more secure energy future, create hundreds of thousands of jobs, and reduce the energy bills for our children and grandchildren.

Mr. UDALL of New Mexico. Mr. Chairman, I yield 1 minute to the gentleman from Texas (Mr. Rodriguez).

Mr. UDALL of New Mexico. Mr. Chairman, I yield 1 minute to the gentleman from Connecticut (Mr. Shays), who has worked on these issues for many years.

Mr. UDALL of New Mexico. Mr. Chairman, I offer an amendment.

Mr. UDALL of New Mexico. Mr. Chairman, I yield 15 seconds to the gentlewoman from Nevada (Ms. Berkley).

Mr. UDALL of New Mexico. With all those renewable minutes, I hope you're for the bill.

Mr. UDALL of New Mexico. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Massachusetts (Mr. Markey), who has been another key player, organizer and leader on this issue.

Mr. UDALL of New Mexico. Mr. Chairman, I yield to the gentleman from Texas (Mr. Hinojosa) for a unanimous consent request. (Mr. HINOJOSA asked and was given permission to revise and extend his remarks.)

Mr. UDALL of New Mexico. How much time remains on our side?

Mr. UDALL of New Mexico. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Oregon (Mr. Blumenauer), who has been a key player on this issue.

Mr. UDALL of New Mexico. Mr. Chairman, I rise today to offer an amendment to establish a 15 percent national renewable electricity standard by the year 2020. In doing so, utilities are permitted to meet up to 4 percent of this requirement through energy efficiency measures. This amendment will save consumers money, stimulate our economy, and strengthen our national security. The aim of this amendment may seem far reaching, but the mechanism for doing so is not. A 15 percent national renewable electricity standard by the year 2020 is essential to our national security future. Equally important to this debate, however, and contrary from what you hear from our opponents, the RES is absolutely achievable. In fact, almost half of the States of the Union already have an RES in place, but the full potential for renewable electricity will be left unrealized without the adoption of a Federal program to enhance the efforts of these States. We must enact a Federal RES, and we must do so now. Momentum has been building, as evidenced by the fact that many of the RES standards enacted by States already have been exceeded. Subsequently, the standards have been increased. A national RES has passed the Senate three times. It has proven itself effective, efficient and popular. And it's time for the New Direction Congress to bring those benefits to the rest of the Nation. Mr. Chairman, I reserve the balance of my time.

Mr. UDALL of New Mexico. Mr. Chairman, I would like to yield 2 minutes to my Republican cosponsor, Todd Platts, who has worked very, very hard on this amendment. And I would emphasize that this is a bipartisan amendment, and we have worked all along on it together.

Mr. UDALL of New Mexico. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Washington (Mr. Inslee). He has just written a book on energy. He is one of our big thinkers in the Democratic Party on this issue. (Mr. INSLEE asked and was given permission to revise and extend his remarks.)

Mr. UDALL of New Mexico. Mr. Chairman, I would also like to work with both of the gentleman to see that we correct this. I think this is something that we can work on and we can iron out. Mr. Chairman, I yield 1 minute to the gentleman from Illinois (Mr. Kirk), who I know is very interested in renewable energy issues and has been a leader on that front.

Mr. UDALL of New Mexico. Mr. Chairman, I yield 30 seconds to the gentleman from California, chairman of the Committee on Oversight and Government Reform and a real leader on renewable energy issues, Mr. Waxman.

Mr. UDALL of New Mexico

Mr. UDALL of New Mexico. Mr. Speaker, I rise today with great remorse that we are considering the legislation before us. I believe that the basic foundation of our Nation is inextricably linked between our national security and our civil liberties. Indeed, it was the very battle to secure our civil liberties that brought our Nation into being. Unfortunately, the current Attorney General and the White House continue to obfuscate the line between these links by casting inflammatory rhetoric that has little basis in truth. And now we have bad legislation and few options. The Senate has sent this bill to us and has gone home, leaving the House in the position of considerable difficulty. The effort of the House leadership in the last six months, and in particular in the past two weeks, has been one of compromise, of negotiation, and of listening, and the legislation upon which this body voted on yesterday demonstrated that. That is why I voted in favor of its passage. The legislation today is little more than an ill-advised attempt by the Senate at a quick fix that will do nothing to protect our civil liberties and everything to give the continued opportunity of threatening American citizens' freedoms. It is absolutely essential that the Congress deliberate extensively before reaching a final legislative conclusion on a matter of this magnitude. As with my vote on the PATRIOT Act, I do not believe that changes to the FISA Court--and allowing the surveillance activity of the Attorney General to remain untethered and unchecked--should be supported simply due to the rhetoric of a few. I have supported the investigation of the Attorney General because I believe he has failed in his duties to protect the American people from a deterioration of our basic civil liberties. For all of these reasons, I will vote against today's legislation.

Mr. UDALL of New Mexico

Mr. UDALL of New Mexico. Madam Speaker, in a little over a month, this body will receive an official status report from General David Petraeus, the commander of American forces in Iraq, on whether benchmarks of progress set by Congress have been met. A preliminary report issued in July indicated that there has been a failure to meet more than half of those benchmarks, a woeful assessment that has been only further hampered by increased political fracturing in Baghdad. Earlier this week, the largest Sunni political bloc resigned from the Prime Minister's cabinet. Any hope that the political cohesion so desperately needed for real, permanent success in Iraq seems to be lost amid the destruction and divisiveness that continues to impede our efforts. When we return in September, we will consider whether to continue granting unchecked and unqualified funding for this war--a war that has raged on for 4 long years, a war that has claimed thousands of American and Iraqi lives, a war that has cost nearly half a trillion dollars. And while we debate funding for Iraq, the day-to-day lives of the men and women in uniform deployed are consumed by more violence and uncertainty. Recently, we received news in New Mexico that the life of another of our soldiers has been lost to combat. Like my colleagues, the calls back home to console parents, spouses and children for their loss and the occurrence of somber funerals is more familiar than we ever thought it would be, and for all of us the end to this war cannot come soon enough. When I return to New Mexico this month, I have no doubt that the war will continue to be the top issue on the minds of my constituents. We all hear the same question: What is Congress doing? I will tell them that we voted to redeploy our troops. That we voted to bring our soldiers home for longer periods of rest. And that we vote to enact key provisions and provide critical funding for the soldiers. However, in the end, the families in my district will want to know when the end will come, when their sons and daughters will be home. We must bring our troops home, we must end this misguided and mismanaged war, and we must--we must--repair our foreign policy. For if we don't, in the decades to come the reverberations of our mistakes in Iraq will continue to affect our image and our position in the world. Change is needed, and it is needed now.