[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2647 Enrolled Bill (ENR)]
H.R.2647
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend the Act entitled ``An Act relating to the water rights of the
Ak-Chin Indian Community'' to clarify certain provisions concerning the
leasing of such water rights, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONSTITUTIONAL AUTHORITY.
The Constitutional authority for this Act rests in article I,
section 8, authorizing Congress to ``regulate Commerce with foreign
Nations, and among the several States, and with the Indian tribes''.
SEC. 2. TECHNICAL AMENDMENTS TO AK-CHIN WATER USE ACT OF 1984.
(a) Short Title.--This section may be cited as the ``Ak-Chin Water
Use Amendments Act of 2000''.
(b) Authorization of Use of Water.--Section 2(j) of the Act of
October 19, 1984 (Public Law 98-530; 98 Stat. 2698), as amended by
section 10 of the Act of October 24, 1992 (Public Law 102-497; 106
Stat. 3258), is amended to read as follows:
``(j)(1) The Ak-Chin Indian Community (hereafter in this Act
referred to as the `Community') shall have the right to devote the
permanent water supply provided for by this Act to any use, including
agricultural, municipal, industrial, commercial, mining, recreational,
or other beneficial use, in the areas initially designated as the
Pinal, Phoenix, and Tucson Active Management Areas pursuant to the
Arizona Groundwater Management Act of 1980, laws 1980, fourth special
session, chapter 1. The Community is authorized to lease or enter into
options to lease, to renew options to lease, to extend the initial
terms of leases for the same or a lesser term as the initial term of
the lease, to renew leases for the same or a lesser term as the initial
term of the lease, to exchange or temporarily dispose of water to which
it is entitled for the beneficial use in the areas initially designated
as the Pinal, Phoenix, and Tucson Active Management Areas pursuant to
the Arizona Groundwater Management Act of 1980, laws 1980, fourth
special session, chapter 1.
``(2) Notwithstanding paragraph (1), the initial term of any lease
entered into under this subsection shall not exceed 100 years and the
Community may not permanently alienate any water right. In the event
the Community leases, enters into an option to lease, renews an option
to lease, extends a lease, renews a lease, or exchanges or temporarily
disposes of water, such action shall only be valid pursuant to a
contract that has been accepted and ratified by a resolution of the Ak-
Chin Indian Community Council and approved and executed by the
Secretary.''.
(c) Approval of Lease and Amendment of Lease.--The option and lease
agreement among the Ak-Chin Indian Community, the United States of
America, and Del Webb Corporation, dated as of December 14, 1996, and
the Amendment Number One thereto among the Ak-Chin Indian Community,
the United States of America, and Del Webb Corporation, dated as of
January 7, 1999, are hereby ratified and approved. The Secretary of the
Interior is hereby authorized and directed to execute Amendment Number
One, and the restated agreement as provided in Amendment Number One,
not later than 60 days after the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.