[Congressional Record Volume 146, Number 56 (Tuesday, May 9, 2000)]
[House]
[Pages H2662-H2663]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              THE AK-CHIN WATER USE AMENDMENTS ACT OF 1999

  Mr. DOOLITTLE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2647) 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.
  The Clerk read as follows:

                               H.R. 2647

       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 1999''.
       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Doolittle) and the gentleman from California (Mr. 
George Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Doolittle).
  Mr. DOOLITTLE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, Congress passed the Ak-Chin water settlement in 1978. It 
was amended subsequently in 1984. And then in the 1992 amendment, off-
reservation leasing of the Indian community's water entitlement was 
allowed, but the period of the lease was limited to 100 years. The 
amendment in 1992 did not allow for an extension of the lease after the 
100-year period had been completed.
  This legislation would provide a legal avenue for the Ak-Chin tribe 
to extend or renew their existing lease with an Arizona development 
company that must obtain a State of Arizona Assured Water Supply 
certificate for municipal water use.
  The administration, I understand, has indicated that it is still 
opposed to the bill. However, it is my understanding that the minority 
does not object to this legislation, and I would urge Members to 
support the legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  (Mr. GEORGE MILLER of California asked and was given permission to 
revise and extend his remarks.)
  Mr. GEORGE MILLER of California. Mr. Speaker, H.R. 2647 is an 
amendment to the 1984 Ak-Chin Water Use Act. The 1984 act confirms the 
Ak-Chin Indian Community's rights to receive water from the Central 
Arizona Project, but it did not include the authority for the community 
to lease its Central Arizona Project water for use off reservation. 
Congress granted leasing authority to the Ak-Chin in 1992.
  The community now desires to lease these 10,000 acre-feet of water 
annually to the Del Webb Corporation for use in a new planned 
community. The Ak-Chin Community and Del Webb entered into a 100-year 
lease agreement in 1996. It was believed at the time this would meet 
the State's requirement for an ``assured water supply'' of at least 100 
years. However, since several years have passed and since the lease 
agreement was signed, it is now apparent that the availability of an 
``assured water supply'' under this lease would, in fact, be for less 
than 100 years.
  Mr. Speaker, this legislation will extend to the Ak-Chin leasing 
authority for longer term, making the lease consistent with the 
requirements of the Arizona state law.
  The administration has expressed some concerns about the legislation; 
however, at this time we do support it and ask that the House support 
moving this bill forward.
  Mr. Speaker, I yield back the balance of my time.
  Mr. DOOLITTLE. Mr. Speaker, I yield 5 minutes to the gentleman from 
Arizona (Mr. Shadegg) for his statement on the bill.
  (Mr. SHADEGG asked and was given permission to revise and extend his 
remarks.)
  Mr. SHADEGG. Mr. Speaker, I thank the gentleman from California (Mr. 
Doolittle) for yielding me this time.
  Mr. Speaker, I want to begin by commending both the gentleman from 
Alaska (Mr. Young), chairman of the committee, and the gentleman from 
California (Mr. Doolittle), chairman of the subcommittee, for their 
assistance with this legislation. I also commend the gentleman from 
California (Mr. George Miller), ranking member, who has spoken on this 
legislation, for their assistance with H.R. 2647, the Ak-Chin Water Use 
Amendment Act of 1999.
  As both of my colleagues have indicated, this legislation is 
critically important for the Ak-Chin Indian Community. The history has 
already been recited. The United States Congress in 1984 established 
the Ak-Chin Indian Community's right to 75,000 acre-feet per year of 
CAP water. In 1992, the tribe sought the authority to lease this water 
for off-reservation use. That is a critically important issue in 
Arizona, because there is tremendous demand for this water for off-
reservation uses.
  The Congress extended the tribe that authority, but it placed a 100-
year maximum term on the lease, and this is where the issue comes, it 
failed to allow the tribe to extend into options to renew such leases 
or to extend such leases in any way, shape or form, setting a maximum 
period of 100 years.
  Mr. Speaker, this legislation corrects that defect by providing that 
the tribe may enter into either options to renew a lease or renewals of 
a lease for no more than the original term. And, importantly, it 
provides that the tribe may not permanently alienate the water at 
issue. What this legislation does is that it enables the Indian tribe 
to get the highest value for its Indian water rights and for its CAP 
water. Without this legislation, the tribe is restricted to only being 
able to alienate the water, or lease the water, for

[[Page H2663]]

100 years. As the gentleman from California (Mr. George Miller) 
explained, that simply does not meet the requirements of Arizona law, 
which requires a 100-year assured water supply.
  This legislation has the support of Governor Hull of Arizona, it has 
the support of the Arizona Department of Water Resources, and most 
importantly it is sought and has the active support of the Ak-Chin 
Indian Community. It will enable them to lease this water, or enter 
into a renewal or option to extend the lease of the water, for an 
additional period of up to 100 years. That is critically important to 
making the water valuable. It is also critically important to the 
development of the water supply for Arizona and for the community 
affected by this existing lease.
  Mr. Speaker, I commend my colleagues for their support of the 
legislation on the committee, again, and I call for its passage.


                             General Leave

  Mr. DOOLITTLE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. DOOLITTLE. Mr. Speaker, I have no further requests for time. I 
urge support of the legislation, and yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Doolittle) that the House suspend the 
rules and pass the bill, H.R. 2647.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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