[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2820 Engrossed in House (EH)]


  2d Session

                               H. R. 2820

_______________________________________________________________________

                                 AN ACT

 To provide for the ownership and operation of the irrigation works on 
the Salt River Pima-Maricopa Indian Community's reservation in Maricopa 
   County, Arizona, by the Salt River Pima-Maricopa Indian Community.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 2820

_______________________________________________________________________

                                 AN ACT


 
 To provide for the ownership and operation of the irrigation works on 
the Salt River Pima-Maricopa Indian Community's reservation in Maricopa 
   County, Arizona, by the Salt River Pima-Maricopa Indian Community.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds and declares that--
            (1) it is the policy of the United States, in fulfillment 
        of its trust responsibility to Indian tribes, to promote Indian 
        self-determination and economic self-sufficiency;
            (2) the Salt River Pima-Maricopa Indian Community 
        (hereinafter referred to as the ``Community'') has operated the 
        irrigation works within the Community's reservation since 
        November 1997 and is capable of fully managing the operation of 
        these irrigation works;
            (3) considering that the irrigation works, which are 
        comprised primarily of canals, ditches, irrigation wells, 
        storage reservoirs, and sump ponds located exclusively on lands 
        held in trust for the Community and allottees, have been 
        operated generally the same for over 100 years, the irrigation 
        works will continue to be used for the distribution and 
        delivery of water;
            (4) considering that the operational management of the 
        irrigation works has been carried out by the Community as 
        indicated in paragraph (2), the conveyance of ownership of such 
        works to the Community is viewed as an administrative action;
            (5) the Community's laws and regulations are in compliance 
        with section 2(b); and
            (6) in light of the foregoing and in order to--
                    (A) promote Indian self-determination, economic 
                self-sufficiency, and self-governance;
                    (B) enable the Community in its development of a 
                diverse, efficient reservation economy; and
                    (C) enable the Community to better serve the water 
                needs of the water users within the Community,
        it is appropriate in this instance that the United States 
        convey to the Community the ownership of the irrigation works.

SEC. 2. CONVEYANCE AND OPERATION OF IRRIGATION WORKS

    (a) Conveyance.--The Secretary of the Interior, as soon as is 
practicable after the date of the enactment of this Act, and in 
accordance with the provisions of this Act and all other applicable 
law, shall convey to the Community any or all rights and interests of 
the United States in and to the irrigation works on the Community's 
reservation which were formerly operated by the Bureau of Indian 
Affairs. Notwithstanding the provisions of sections 1 and 3 of the Act 
of April 4, 1910 (25 U.S.C. 385) and sections 1, 2, and 3 of the Act of 
August 7, 1946 (25 U.S.C. 385a, 385b, and 385c) and any implementing 
regulations, during the period between the date of the enactment of 
this Act and the conveyance of the irrigation works by the United 
States to the Community, the Community shall operate the irrigation 
works under the provisions set forth in this Act and in accordance with 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
450 et seq.), including retaining and expending operations and 
maintenance collections for irrigation works purposes. Effective upon 
the date of conveyance of the irrigation works, the Community shall 
have the full ownership of and operating authority over the irrigation 
works in accordance with the provisions of this Act.
    (b) Fulfillment of Federal Trust Responsibilities.--To assure 
compliance with the Federal trust responsibilities of the United States 
to Indian tribes, individual Indians and Indians with trust allotments, 
including such trust responsibilities contained in Salt River Pima-
Maricopa Indian Community Water Rights Settlement Act of 1988 (Public 
Law 100-512), the Community shall operate the irrigation works 
consistent with this Act and under uniform laws and regulations adopted 
by the Community for the management, regulation, and control of water 
resources on the reservation so as to assure fairness in the delivery 
of water to water users. Such Community laws and regulations include 
currently and shall continue to include provisions to maintain the 
following requirements and standards which shall be published and made 
available to the Secretary and the Community at large:
            (1) Process.--A process by which members of the Community, 
        including Indian allottees, shall be provided a system of 
        distribution, allocation, control, pricing and regulation of 
        water that will provide a just and equitable distribution of 
        water so as to achieve the maximum beneficial use and 
        conservation of water in recognition of the demand on the water 
        resource, the changing uses of land and water and the varying 
        annual quantity of available Community water.
            (2) Due process.--A due process system for the 
        consideration and determination of any request by an Indian or 
        Indian allottee for distribution of water for use on his or her 
        land, including a process for appeal and adjudication of denied 
        or disputed distributions and for resolution of contested 
        administrative decisions.
    (c) Subsequent Modification of Laws and Regulations.--If the 
provisions of the Community's laws and regulations implementing 
subsection (b) only are to be modified subsequent to the date of the 
enactment of this Act by the Community, such proposed modifications 
shall be published and made available to the Secretary at least 120 
days prior to their effective date and any modification that could 
significantly adversely affect the rights of allottees shall only 
become effective upon the concurrence of both the Community and the 
Secretary.
    (d) Limitations of Liability.--Effective upon the date of the 
enactment of this Act, the United States shall not be liable for 
damages of any kind arising out of any act, omission, or occurrence 
based on the Community's ownership or operation of the irrigation 
works, except for damages caused by acts of negligence committed by the 
United States prior to the date of the enactment of this Act. Nothing 
in this section shall be deemed to increase the liability of the United 
States beyond that currently provided in the Federal Tort Claims Act 
(28 U.S.C. 2671 et seq.).
    (e) Cancellation of Charges.--Effective upon the date of conveyance 
of the irrigation works under this section, any charges for 
construction of the irrigation works on the reservation of the 
Community that have been deferred pursuant to the Act of July 1, 1932 
(25 U.S.C. 386a) are hereby canceled.
    (f) Project No Longer a BIA Project.--Effective upon the date of 
conveyance of the irrigation works under this section, the irrigation 
works shall no longer be considered a Bureau of Indian Affairs 
irrigation project and the facilities will not be eligible for Federal 
benefits based solely on the fact that the irrigation works were 
formerly a Bureau of Indian Affairs irrigation project. Nothing in this 
Act shall be construed to limit or reduce in any way the service, 
contracts, or funds the Community may be eligible to receive under 
other applicable Federal law.

SEC. 3. RELATIONSHIP TO OTHER LAWS.

    Nothing in this Act shall be construed to diminish the trust 
responsibility of the United States under applicable law to the Salt 
River Pima-Maricopa Indian Community, to individual Indians, or to 
Indians with trust allotments within the Community's reservation.

            Passed the House of Representatives October 3, 2000.

            Attest:

                                                                 Clerk.