II Calendar No. 522 109th CONGRESS 2d Session S. 2464 [Report No. 109–284] IN THE SENATE OF THE UNITED STATES March 28, 2006 Mr. McCain (for himself and Mr. Kyl) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs July 19, 2006 Reported by Mr. McCain, without amendment A BILL To revise a provision relating to a repayment obligation of the Fort McDowell Yavapai Nation under the Fort McDowell Indian Community Water Rights Settlement Act of 1990, and for other purposes.

1.

Short title

This Act may be cited as the Fort McDowell Indian Community Water Rights Settlement Revision Act of 2006.

2.

Definitions

In this Act: (1)

Fort McDowell Water Rights Settlement Act

The term Fort McDowell Water Rights Settlement Act means the Fort McDowell Indian Community Water Rights Settlement Act of 1990 (Public Law 101–628; 104 Stat. 4480). (2)

Nation

The term Nation means the Fort McDowell Yavapai Nation, formerly known as the Fort McDowell Indian Community. (3)

Secretary

The term Secretary means the Secretary of the Interior.

3.

Cancellation of repayment obligation

(a)

Cancellation of obligation

The obligation of the Nation to repay the loan made under section 408(e) of the Fort McDowell Water Rights Settlement Act (104 Stat. 4489) is cancelled. (b)

Effect of Act

(1)

Rights of Nation under Fort McDowell Water Rights Settlement Act

(A)

In general

Except as provided in subparagraph (B), nothing in this Act alters or affects any right of the Nation under the Fort McDowell Water Rights Settlement Act. (B)

Exception

The cancellation of the repayment obligation under subsection (a) shall be considered— (i)to fulfill all conditions required to achieve a full and final settlement of all claims to water rights or injuries to water rights under the Fort McDowell Water Rights Settlement Act; and (ii)to relieve the Secretary of any responsibility or obligation to obtain mitigation property or develop additional farm acreage under section 410 the Fort McDowell Water Rights Settlement Act (104 Stat. 4490). (2)

Eligibility for services and benefits

Nothing in this Act alters or affects the eligibility of the Nation or any member of the Nation for any service or benefit provided by the Federal Government to federally recognized Indian tribes or members of such Indian tribes.

July 19, 2006 Reported without amendment