[Congressional Record Volume 152, Number 113 (Wednesday, September 13, 2006)]
[Senate]
[Page S9564]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




FORT McDOWELL INDIAN COMMUNITY WATER RIGHTS SETTLEMENT REVISION ACT OF 
                                  2006

  Mr. STEVENS. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of Calendar No. 522, S. 2464.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2464) 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCAIN. Mr. President, I am pleased that today the Senate has 
agreed to pass S. 2464, the Fort McDowell Indian Community Water Rights 
Settlement Revision Act of 2006, with an amendment that I have also 
offered. S. 2464 amends the Fort McDowell Indian Community Water Rights 
Settlement Act of 1990, which ratified a negotiated settlement of the 
Fort McDowell Yavapai Nation's water entitlement to flow from the Verde 
River. I am pleased to be joined by Senator Kyl as an original 
cosponsor of this bill and the amendment.
  The 1990 Settlement Act provided, among other things, for the 
Secretary of the Interior to provide the Fort McDowell Yavapai Nation a 
no-interest loan pursuant to the Small Reclamation Project Act for 
construction of facilities for the conveyance and delivery of water to 
the Fort McDowell reservation. However, during environmental review 
conducted prior to construction of the irrigation system, 227 of the 
acres to be irrigated were discovered to contain significant cultural 
sites. With the agreement of the tribe, the Secretary withdrew those 
acres from development, but replacement lands have proven difficult and 
expensive to mitigate and implementation of the Act has been left 
uncompleted.
  The current values of the no-interest loan outstanding and the 
current cost of the Department of the Interior's obligation to mitigate 
replacement acreage are nearly identical, thus the tribe and the 
Department have agreed to resolve this issue by mutually releasing 
their remaining obligations under the reclamation provisions of the 
1990 Settlement Act. S. 2464 would implement this mutually agreed upon 
resolution.
  After approval of this measure by the Indian Affairs Committee, a 
potential ambiguity in the bill was identified, possibly calling into 
question the finality of the 1990 Settlement Act. The amendment offered 
strikes the potentially ambiguous language and inserts new language to 
clarify that the agreement of the Yavapai Nation and the Department of 
the Interior contained in S. 2464 achieves a full and final 
implementation to the Fort McDowell Water Rights Settlement Act of 
1990.
  I yield the floor.
  Mr. STEVENS. Mr. President, I ask unanimous consent the amendment at 
the desk be agreed to, the bill, as amended, be read the third time and 
passed, the motion to reconsider be laid upon the table, and any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5006) was agreed to, as follows:

               (Purpose: To make a technical correction)

       On page 3, strike lines 7 through 9 and insert the 
     following:
     achieve the full and final implementation of the Fort 
     McDowell Water

  The bill (S. 2464), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, 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''.

     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 the full 
     and final implementation of 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.

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