Congressional Record, Volume 146 Issue 121 (Tuesday, October 3, 2000)

[Congressional Record Volume 146, Number 121 (Tuesday, October 3, 2000)]
[House]
[Pages H8713-H8717]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY IRRIGATION WORKS OWNERSHIP

Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2820) 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, as amended.
The Clerk read as follows:

H.R. 2820

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 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

[[Page H8714]]

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 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
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 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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from American Samoa (Mr.
Faleomavaega) each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 2820 transfers the ownership of the irrigation
works currently operated by the Salt River Pima-Maricopa Indian
Community.
Over the last several years, the subcommittee has moved legislation
that has defederalized several Bureau of Reclamation facilities in the
western United States. This bill proposes to transfer all rights and
interest to the irrigation works from the Bureau of Indian Affairs to
the Pima-Maricopa Indian Community. Management of the facilities has
been under the jurisdiction of the tribe for several years.
Mr. Speaker, I urge an ``aye'' vote on this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I certainly would like to commend and
compliment the gentleman from Arizona (Mr. Hayworth) for his
sponsorship of this legislation. This legislation has bipartisan
support. The gentleman from Arizona (Mr. Pastor) is also a very strong
supporter of this legislation.
Mr. Speaker, H.R. 2820 would direct the Secretary of Interior to
transfer to the Salt River Pima-Maricopa Indian Community any remaining
authority and responsibility held by the Secretary for the irrigation
works on their reservation. I congratulate the gentleman from Arizona
(Mr. Pastor) and also the gentleman from Arizona (Mr. Hayworth) for
their contributions to this bill.
Under the bill, the Pima-Maricopa Indian Community would have full
operating authority over the irrigation works within the community to
deliver their water to their lands. I believe it is appropriate that
the project facilities be transferred to the community, and I urge my
colleagues to support this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. HANSEN. Mr. Speaker, I am pleased to yield such time as he may
consume to the gentleman from Arizona (Mr. Hayworth), the author of
this legislation.
Mr. HAYWORTH. Mr. Speaker, I thank the gentleman from Utah (Mr.
Hansen) and the gentleman from American Samoa (Mr. Faleomavaega), and I
echo and reinforce their comments.
Mr. Speaker, I would also like to take time to thank the gentleman
from Arizona (Mr. Pastor), who worked with me to draft this bipartisan,
common sense piece of legislation.
The gentleman from American Samoa just a few years ago had a chance
to join me on the Salt River Pima-Maricopa Indian Community for a good
visit about housing. So he has had a chance firsthand to see the area
we are talking about.
Again, to echo the previous comments, this legislation would transfer
ownership and operation of the irrigation works there from the Bureau
of Indian Affairs to the tribe.
H.R. 2820 was intended as a way to jump-start talks between the tribe
and the Bureau of Indian Affairs to transfer ownership of the
irrigation canals to the tribe. This final legislative product is the
culmination of intense negotiations and is agreeable to the tribe, the
Bureau of Indian Affairs, the Interior Department, and, as has been
mentioned on the floor tonight, both Republicans and Democratic Members
of the Committee on Resources. In fact, Mr. Speaker, I do not know of
anyone who stands in opposition to this legislation.
Mr. Speaker, H.R. 2820 is a win-win for the tribe, the BIA, the
government-to-government relationship between the Federal Government
and the tribes, and obviously it is also a win for the taxpayers. As
the BIA has allowed the tribe to operate the irrigation works since
November of 1997, it is important to note there would be no disruption
in service.
It is important to note also something interesting and perhaps unique
to Arizona and certainly the portion of Arizona that is part of the
Sonoran Desert environment. Water is so critically important there. We
have a variation of the saying in the Old West: ``Whiskey's for
drinking, water's for fighting.'' I am glad we are not going to be
fighting about this when we see the common sense of transferring
ownership of these canals to the tribe. It would allow the tribe to
make desperately needed improvements to the canals.
Mr. Speaker, some of these canals are nearly a century old; and by
offering these improvements, we can save precious water supplies.
Sadly, though it is unintended, under the current situation,
improvements to the canals were

[[Page H8715]]

impeded and complicated by the Bureau of Indian Affairs' control of
those canals.
With ownership transferred to the tribe, the tribe would be able to
line the canals with concrete and make substantial improvements to save
water and enhance agricultural opportunities for the tribe and its
members.
Now, as the gentleman from American Samoa (Mr. Faleomavaega) will
attest based on his personal visit, the community is located in the
shadow of suburban Scottsdale, but it is worth noting that this Native
American community is largely an agricultural community dependent on
cotton and other crops to generate revenue for the tribe and its
members. Improved canals would bring more surface water to use for
crops and eventually increase revenue because of the additional water
that will not be lost to the aforementioned poorly maintained canals.
Transferring the control of the irrigation canals from the BIA to the
tribe would also give local BIA employees the freedom and flexibility
to work on other worthwhile projects. In addition, it would strengthen
the unique government-to-government relationship between the tribe and
the Federal Government by allowing the community to move a step closer
to self-sufficiency and independence from the Federal Government.
Again, to restate the win for American taxpayers, the victory for all
Americans comes with enactment of this legislation because the costs
allocated for maintenance and operation of the irrigation canals to the
BIA will no longer be necessary.
Mr. Speaker, while we look at the calendar and note that this is,
indeed, the political season, and while we rejoice at the fact that we
can have deeply held philosophical differences, this is one occasion
far from the interest of the Fourth Estate and many around the country
where we are able to enact a common sense policy, not because it is the
trademark of either major party, not because it is the intellectual
creation of one particular Member of Congress. No, Mr. Speaker, this
stands as a classic common sense, good government piece of legislation.
In that spirit of consensus and bipartisanship, even as we note this
particular date on the political calendar, I am pleased to join with my
friends, Republicans and Democrats alike, in urging the House to pass
this legislation.
Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, in that spirit also, I would be remiss if I do not
express my sense of appreciation to the gentleman from Arizona (Mr.
Hayworth). Yes, I have visited the State of Arizona, and I would gladly
give him some of the 200 inches of rain that my district of American
Samoa could give to the State Arizona if it were possible.
But I do want to also compliment the gentleman for his leadership,
outstanding leadership role that he has played as a cochairman of our
National Native American Congressional Caucus. He has played a very
effective role in helping our American community. I thank the gentleman
for that.

background

Mr. YOUNG of Alaska. Mr. Speaker, the purpose of this legislation is
to convey to the Salt River Pima Maricopa Indian Community (SRPMIC) the
ownership of the irrigation works composed primarily of ditches,
laterals, sump ponds and several wells on Reservation lands formerly
operated by the Bureau of Indiana Affairs. Because the irrigation works
is entirely on Reservation land and because the operational control of
the irrigation works was transferred to the SRPMIC in 1997, this
proposed legislative conveyance is anticipated to be a relatively
straight-forward administrative transfer that should be carried out in
keeping with the underlying goals of Indian self-determination, self-
governance and economic self-sufficiency.
As early as August 1993, the SRPMIC held discussions in the Community
concerning the potential transfer of the irrigation works. The Bureau
of Indian Affairs (BIA), the Salt River Agency (the local BIA office),
and the Branch of Land Operations and P.L. 93-638 Contract
administration met at that time to explore this conveyance.
According to the Community, these consultations resulted in efforts
by the SRPMIC toward assuming management and operation of the
irrigation delivery system by: (1) its approval of SRPMIC Ordinance No.
199-95 Surface Water management (Ordinance) approved on May 3, 1995;
(2) the partial completion of P.L. 93-368 Contract No. CTH55T61517--
Water Resources Program (Contract) awarded on August 10, 1993 through
the final submission in August 1995 by SFC Engineering Co. report
titled ``Irrigation System Evaluation and Rehabilitation Study for
Lands South of the Arizona Canal,'' (3) the request by the SRPMIC for
financial records of the project; (4) the establishment of monthly
meetings between the SRPMIC and the Salt River Agency and its Branch of
Land Operations to review the status, coordinate activities and share
information; (5) the origination by SRPMIC of a report entitled
``SRPMIC Irrigation Project--Transfer of Operation and Maintenance from
the BIA to the SRPMIC Community'' dated January 10, 1996.
The irrigation works over the past 20 years or so unfortunately did
not receive sufficient funding. As a result, the project facilities
deteriorated, and if this deterioration were allowed to continue, the
allotted landowners would receive less rent for a less efficient
system. Even while the BIA operated the project, it was the Community
which obtained non-BIA funds to line the main Evergreen Canal and some
lateral mileage. Also, the Community is in the midst of a refurbishment
program at a cost up to approximately $1.25 million over five years
from the USDA/EQIP program. The cost to the Community above and beyond
the amount collected currently from water users is approximately
$200,000 per year. The original construction costs carried by the BIA
are $3,313,192, which have long since been amortized to zero since the
project dates back 84 years to 1916. It is important to note that the
Pima people and their ancestors used gravity-fed irrigation for
hundreds of years prior to federal involvement.
Today, the Irrigation Works employees are no longer BIA employees as
they were prior to 1997. They are employees of the Community. The
equipment and buildings that were used in BIA's operation were
transferred from the BIA to SRPMIC which now provides irrigation
services for landowners and water users.

The SRPMIC Water Resources Division manages this Irrigation Works
Project. Based upon testimony from the Community, the irrigation system
is managed with a staff of 12 full time employees including a division
manager, an engineer, an agricultural engineer and other irrigation
staff. It operates under a budget based on incoming water sales. About
8,000 acres of farmland are irrigated with the following system: (1)
Evergreen Canal (main canal) 4.5 miles with 6 main check structures and
16 primary headgates; (2) 23.5 miles of lateral pipelines with 15 miles
of lateral canals and 25 canal turnout structures; (3) 44 miles of
drainage channels with service roads; (4) 12 irrigation wells (only 4
are useable); (5) 2 storage reservoirs and 2 sump ponds with 3 capable
of pumping.
Since June 1999, the SRPMIC and its representatives have had numerous
discussions, consultations and negotiations with the Department of the
Interior to reach a common understanding and agreement on legislative
language to transfer the ownership of the irrigation works to the
SRPMIC, as well as any remaining authority and responsibility that the
Secretary has regarding the administration of such works, except for
the Secretary's trust responsibilities.
H.R. 2820 with the proposed amended text changes to be considered by
the House fairly balances the interests of the Department of the
Interior and the Salt River Pima-Maricopa Indian Community.
The SRPMIC Water Code provides a detailed method of distributing and
using this limited and sometimes scarce resource. Combined with the
irrigation regulations and assessment schedule adopted by the SRPMIC
tribal council, they appear to provide for fair treatment, equitable
allocation and sensitive use of this important resource.
The Community contends that the rights of allotted landowners will be
enhanced by the operation of the system by the SRPMIC. And, while it
appears that is the case, the legislation includes ample safeguards to
help insure that allottee rights are protected.
The SRPMIC has been operating the irrigation works project for nearly
three years. By doing so, as well as by its operating other businesses,
it has demonstrated its ability to manage and operate the system. Its
reputation is one that instills confidence that the Community is
clearly capable of operating, and is expected to operate, the
irrigation works efficiently, effectively, and equitably.
For the Community to operate this former BIA project and make it
relevant in this millennium, the SRPMIC should have full

[[Page H8716]]

responsibility and ownership of the irrigation works. The United States
trust responsibility will continue unimpaired to the SRPMIC, to
individual Indians, and to Indian allottees, as provided for in the
legislation even as the Community assumes full ownership of and
operations for the irrigation works.
In furtherance of the United States policies of self-governance,
self-determination and economic self-sufficiency with respect to
American Indians, H.R. 2820, as amended, should be passed by the
Congress of the United States and sent to the President, who is
expected to sign the bill into law based upon the attached Departmental
letter report supporting the bill.

bill summary

Section 1. Findings. The findings section sets forth the
underlying considerations that are the backdrop for the
enactment of this legislation. At its core, the bill
recognizes the federal policies of Indian self-determination,
economic self-sufficiency and self-governance and that the
conveyance of the irrigation works is in furtherance of those
policies. The findings also recognize and adhere to the trust
responsibilities of the United States to Indian tribes. They
recognize that the irrigation works are primarily a system of
canals, ditches, wells, storage reservoirs and sump ponds on
Reservation land. They convey too that, considering the
community has been operating the works since 1997, the
conveyance is viewed by Congress as an administrative action.
The findings take cognizance of the fact that the Community's
amended Water Code is currently in compliance with Section
2b. of the legislation.
Section 2. Conveyance and Operation of Irrigation Works.
(a) Conveyance: The Secretary is directed to convey the
irrigation works to the Community in accordance with the
legislation and other applicable law. The intent of this
provision is to ensure that, while applicable law is to be
fully adhered to, it is contemplated that the process
involved should be a straightforward, relatively
uncomplicated, and inexpensive administrative procedure. This
is especially so given the nature of the facilities being
conveyed and that the Community has been operating the
irrigation works for the past three years.
The bill language provides for the Community to continue as
it is doing currently and retaining and expending operations
and maintenance collections to be used for irrigation works
purposes. Once the conveyance takes place, the bill language
recognizes that the Community will then have full ownership
of and operating authority over the irrigation works as
provided in the bill.
(b) Fulfillment of Federal Trust Responsibilities: A key
provision of this legislation provides a balance between the
need of the Community to be able to operate the irrigation
works during the year 2000 and beyond and the need of the
United States to be able to fulfill its trust
responsibilities to Indian tribes, individual Indians and
Indians with trust allotments. The language seeks to
accomplish this by requiring that the Community's laws and
regulations regarding management, regulation and control of
water resources on the Reservation contain certain basic
requirements and standards. The Community has currently
brought its Water Code into compliance with the requirements
and standards contained in the legislation (that amended
Water Code is, and will be, on file with the Committee on
Resources and the U.S. Department of the Interior). The two
key requirements and standards are as follows:
(1) This paragraph requires that a process continue to be
included in the Community's laws and regulations to provide
members of the Community, including allottees, a water system
that, in turn, will provide a just and equitable distribution
of water to achieve the goals of maximum beneficial use and
conservation of water, while factoring in such considerations
as the demand on the water resource, land use changes, and
the varying quantity of water available to the Community.
(2) This paragraph requires that a due process system
continue to be included in the Community's laws and
regulations to ensure the consideration and determination of
a request from an Indian or Indian allottee for distribution
of water for use on his or her land. It also requires that
such laws and regulations continue to be provided through an
appellate process, including a means for adjudicating denied
or disputed distributions of water and resolution of
contested administrative decisions.
(c) Subsequent Modification of Laws and Regulations: The
bill seeks to ensure that if the Community needs to or seeks
to amend its laws and regulations after the legislation is
enacted, there be a process by which that should be carried
out. That process would involve generally a notice and wait
procedure. The community would publish the proposed changes,
and make them available to the Secretary at least 120 days
before the effective date of the changes. The process also
requires that, if a proposed change could ``significantly
adversely affect'' the rights of allottees, then it would
take the concurrence of both the Community and the Secretary
in order for such changes to become effective. Although it is
not expected that the community will need to amend its Code
as it pertains to this subsection, it may. It is expected,
however, that the Secretary will not seek to utilize this
provision unless there were to be, indeed, a proposed change
to the Community's Water Code that could significantly
adversely affect allottee rights.
(d) Limitations on Liability: This subsection provides that
the united States is not liable for damages based on the
Community's ownership and operation of the irrigation works
except for those damages caused by acts of negligence by the
United States before the date of enactment. Also, the
subsection makes clear that nothing in the subsection should
be construed to increase the liability of the United States
beyond what is provided in the Federal Tort Claims Act.
(e) Cancellation of charges: As has been the case in
similar, although not identical, legislation in the past, as
of the conveyance date, the charges for construction for the
irrigation works deferred under 25 USC 386 are canceled. This
is also, in part, in recognition that this project is
comprised of deteriorating laterals, ditches, sump ponds,
reservoirs and a few wells, some of which do not work
currently, and some of the ditches are not even lined. The
irrigation works is an aging gravity-fed system. It dates
back to the early 1900s. In recent years the Community has
contributed funds (as opposed to appropriated funds), that
have been devoted to the refurbishment of the works. The
construction funds committed to the project by the United
States have long ago been more than amortized. By the
Community assuming full responsibilities for the works, it is
recognized that the United States is taking the next logical
step to complete the process begun several years ago which
resulted in 1997 with the transfer of operational management
to the Community. If the United States were not to take this
next step, the Community has indicated that it would be
compelled to seek retroceding the irrigation works to the
United States at significant costs to the United States. In
such an eventuality, the U.S. would need to assign Bureau of
Indian Affair employees to operate the works and commit
federal funds to the works' refurbishment.
(f) Project No Longer a BIA Project: The legislation
provides that, once the conveyance has occurred, the
irrigation works will not be eligible for federal benefits
``based solely on the fact that the irrigation works were
formerly'' a BIA irrigation project. It also recognizes
though that the legislation is not to be interpreted to limit
or reduce in any way funds the Community may be eligible to
receive under other federal law.
Section 3. Relationship to Other Laws: This section makes
clear that the provisions of this legislation are not to be
construed to ``diminish the trust responsibility of the
United States'' to the Community, to individual Indians or to
Indian allottees within the Reservation.
Enclosures: (1) Section-by-Section analysis; (2)
Departmental Report on H.R. 2820: Letter from Hon. David J.
Hayes, Deputy Secretary, U.S. Department of the Interior to
Chairman Don Young, Committee on Resources; (3) Resolution of
Salt River Pima-Maricopa Indian Community Tribal Council.

section-by-section analysis

Section 1. Findings. This section expresses the findings of
the Congress that--in light of a number of considerations,
including that, in fulfillment of federal trust
responsibility to Indian tribes, it is the policy of the
United States to promote Indian self-determination and
economic self-sufficiency--it is appropriate that the U.S.
convey to the Community the irrigation works.
Section 2. Conveyance and Operation of Irrigation Works.
(a) Conveyance. This subsection authorizes and directs the
Secretary to convey to the Community all rights and interests
of the U.S. to the irrigation works. It further provides the
authority for the Community to continue operating the
irrigation works during the period from the date of enactment
until the conveyance in accordance with this Act and 25 USC
Sec. 450, including retaining and expending operations and
maintenance collections for irrigation works purposes.
(b) Fulfillment of Federal Indian Trust Responsibilities.
This subsection provides that to assure compliance with
federal trust responsibilities, the Community will operate
the irrigation works under this Act and the Community's laws
and regulations to assure fairness in the delivery of water
to water users. It provides that the Community laws and
regulations must continue to include--
(1) A process in which all members of the Community are
provided a system of distribution, allocation, control,
pricing and regulation of water that will in turn, provide a
just and equitable distribution of water to attain the
maximum use and conservation of water; and
(2) A due process system to deal with requests by Indians
and Indian allottees for distribution of water.
(c) Subsequent Modification of Laws and Regulations. This
subsection provides that, if the Community's laws and
regulations are modified after the date of enactment of this
Act, the proposed modifications will be published and made
available to the Secretary before the effective date of those
laws and regulations. Additionally, the subsection requires
that the Community and the Secretary concur in any proposed
changes that could significantly adversely affect the rights
of allottees.
(d) Limitations of Liability. This subsection sets forth
the limits on the liability of the United States for damages
from the Community's ownership and operation of the
irrigation works.

[[Page H8717]]

(e) Cancellation of Charges. This subsection provides for
the cancellation of certain charges deferred under 25 USC
Sec. 386(a) for construction of the irrigation works.
(f) Project No Longer BIA Project. This subsection provides
that, after conveyance, the irrigation works will no longer
be a Bureau of Indian Affairs project and therefore not
eligible for federal benefits based only on its status as a
former BIA project.
Section 3. Relationship to Other Laws. This section ensures
that nothing in this Act diminishes the federal Indian Trust
Responsibility on the Community's Reservation.
The Deputy Secretary

of the Interior,

Washington, DC, September 20, 2000.
Hon. Don Young,
Chairman, Resources Committee,
House of Representatives, Washington, DC.
Dear Mr. Chairman: This letter sets forth the views of the
Department of the Interior on H.R. 2820, 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. We understand that the Salt River Pima
Maricopa Indian Community (Community) will request that the
attached bill be introduced as a substitute for H.R. 2820.
The Department intends to support the attached substitute
bill which represents a compromise reached between the
Department and the Community with respect to original
provisions of H.R. 2820 that were objectionable to the
Department. Our support is contingent on the enactment by the
Community of the attached amendments to its water code that
will bring the code into compliance with the provisions of
the substitute bill. We understand that the Community intends
to enact these amendments to its water code before or shortly
after the substitute bill is introduced. We recommend that
action on the bill await assurances that the necessary
changes to the Community water code have been made.
Finally, the Department suggests Section 2(d) of the
substitute bill be amended by removing ``employees, agents,
or contractors'' from the clause.
The Office of Management and Budget has advised that there
is no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
David J. Hayes.
Enclosures.

Resolution

Whereas, the Congress of the United States has under
consideration the passage of H.R. 2820 to convey to the Salt
River Pima Maricopa Indian Community (``Community'') the
irrigation works formerly owned and operated by the Bureau of
Indian Affairs and located on Community tribal and allottee
land; and
Whereas, as a result of negotiations that led to the
development of H.R. 2820, and amendments thereto, the
legislation's language contemplates that the Community will
adopt certain amendments to its Surface Water Management Code
prior to enactment of the legislation: Now, Therefore be it
Resolved, That the Community hereby adopts the attached
amendments to this Surface Water Management Code; and be it
Resolved further, That such amendments are to become
effective immediately;
Resolved further, That, if substitute legislation for H.R.
2820 (1) is not passed by the Congress prior to the
adjournment sine die of the 106th Congress, or (2) if so
passed by Congress, but is not signed into law during the
106th Congress, the approval by the Community of these
amendments shall become null and void.
(i) in light of the foregoing and in order to--
(1) promote Indian self-determination, economic self-
sufficiency, and self-governance;
(2) enable the Community in its development of a diverse,
efficient reservation economy; and
(3) 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, as soon as is practicable
after the date of 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
25 U.S.C. Sec. 385, 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. Sec. 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) Fullfillment of Federal Trust Responsibilities.--To
assure compliance with the federal upon the concurrence of
both the Community and the Secretary.
(d) Limitations of Liability.--Effective upon the date of
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 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. Sec. 2671 et seq.
(e) Cancellation of Charges.--Effective upon the date of
conveyance of the irrigation works on the Reservation of the
Community that have been deferred pursuant to 25 U.S.C.
Sec. 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

{time} 2000

Mr. FALEOMAVAEGA. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Ose). The question is on the motion
offered by the gentleman from Utah (Mr. Hansen) that the House suspend
the rules and pass the bill, H.R. 2820, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

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