[Congressional Record Volume 152, Number 36 (Tuesday, March 28, 2006)]
[Senate]
[Pages S2471-S2472]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself and Mr. Kyl):
  S. 2464. 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; to the Committee on Indian Affairs.
  Mr. McCAIN. Mr. President, today I am introducing legislation to 
revise the Fort McDowell Indian Community Water Rights Settlement Act 
of 1990 in order to bring the Settlement Act process to an orderly 
conclusion. The 1990 Act ratified a negotiated settlement of the Fort 
McDowell Yavapai Nation's water entitlement to flow from the Verde 
River. The Department of the Interior provided technical assistance in 
crafting this legislation. I am pleased to be joined by Senator Kyl as 
an original cosponsor of this bill.
  As part of Water Rights settlement, Congress authorized and directed 
the Secretary of the Interior to provide the Fort McDowell Yavapai 
Nation a no-interest loan pursuant to the Small Reclamation Project 
Act, in the amount of $13 million, to construct facilities for the 
conveyance and delivery of water to 1,584 acres on the Fort McDowell 
reservation. Prior to construction of the irrigation system, the 
Department of the Interior conducted its environmental review pursuant 
to NEPA. The review revealed that 227 of the acres to be irrigated were 
significant cultural sites and the Secretary subsequently withdrew 
those acres from development. The Department proposed to develop 
replacement lands, subject to the availability of funding. To date, 
however, the replacement lands have not been developed and the 
settlement agreement has been left uncompleted.
  In October 2005, the Fort McDowell Yavapai Nation and the Department 
of the Interior agreed that the Department's environmental mitigation 
responsibility for the replacement lands should be resolved through 
legislation. They proposed that the Department forgive and cancel Fort 
McDowell's obligation to repay the mandatory loan in return for the 
Tribe's forgiving the Department of the Interior's responsibility to 
develop 227 mitigation acres. The Yavapai Nation and the Department 
further agree that funds already advanced to the Tribe toward 
development of the replacement acres would be reprogrammed to fund 
other water development projects on the Yavapai Nation's reservation.
  The bill introduced today implements the Yavapai Nation's and the 
Department's agreement by effectively resolving the replacement land 
mitigation cost for the Department and the loan repayment by the Tribe. 
This agreement shall constitute completion of all conditions necessary 
to accomplish full and final settlement. Resolution of this last 
remaining issue fully implements the Fort McDowell Indian Community 
Water Rights Settlement Act of 1990. I ask unanimous consent that the 
text of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2464

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

     SECTION 1. SHORT TITLE.

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

[[Page S2472]]

     SEC. 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.

     SEC. 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.
                                 ______