[Congressional Record Volume 152, Number 124 (Thursday, September 28, 2006)]
[House]
[Pages H7735-H7736]
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. HAYWORTH. Mr. Speaker, I move to suspend the rules and pass the 
Senate 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.
  The Clerk read 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

[[Page H7736]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Hayworth) and the gentleman from New Jersey (Mr. Pallone) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.
  Mr. HAYWORTH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 2464, or the Fort McDowell Indian Community Water 
Rights Settlement Revision Act, is companion legislation to H.R. 5299, 
a bill I introduced on May 4 of this year. This legislation codifies an 
important agreement struck between the Fort McDowell Yavapai Indian 
Community and the Department of the Interior through the Bureau of 
Reclamation and will provide a financial savings to both parties 
involved. The House Resources Committee held a legislative hearing on 
H.R. 5299 on July 12 of this year, at which time both the tribe and the 
Bureau of Reclamation expressed their strong support for this bill.
  This agreement represents the last step to full implementation of the 
Fort McDowell Indian Community Water Rights Settlement Act of 1990. The 
1990 Act requires the Department of the Interior to comply with all 
applicable environmental laws throughout implementation of the Act and 
to bear the cost of mitigation associated with that compliance.
  Subsequently, the Secretary removed 227 acres originally included in 
the settlement as a result of review conducted under the National 
Environmental Policy Act. The Department of the Interior acknowledges 
that it has not yet complied with its obligation to provide and develop 
adequate replacement land for the tribe. The Department currently 
estimates the cost of developing the 227 acres lost through the NEPA 
process at $5.6 million.
  Mr. Speaker, the agreement before us today provides for the 
cancellation of the Department's obligation to supply the 227 
replacement acres currently estimated at the aforementioned $5.6 
million in exchange for the tribe being granted loan forgiveness on a 
50-year, no-interest loan extended to the tribe as part of the 1990 
Act. The Congressional Budget Office estimates the worth of this 50-
year loan at $4 million.
  Mr. Speaker, this bill makes sense. It saves the Fort McDowell 
community money. It saves American taxpayers money. I urge its swift 
passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. PALLONE asked and was given permission to revise and extend his 
remarks.)
  Mr. PALLONE. Mr. Speaker, S. 2464 will allow the Fort McDowell 
Yavapai Nation and the Department of the Interior to revise their 
respective responsibilities under the 1990 Fort McDowell Indian Water 
Rights Settlement Act in a mutually acceptable way.
  I want to indicate that I have been actually at the Fort McDowell 
Reservation and we support this legislation and have no objection to 
its consideration on the suspension calendar today.
  Mr. Speaker, I yield back the balance of my time.
  Mr. HAYWORTH. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank my friend from New Jersey for visiting us in 
Arizona from time to time. I would also note that President Raphael 
Bear of the Fort McDowell Yavapai community worked very hard on this, 
coming to see me personally and giving great testimony here on July 12.
  Mr. Speaker, I have no additional speakers, would urge passage of 
this legislation and yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arizona (Mr. Hayworth) that the House suspend the rules 
and pass the Senate bill, S. 2464.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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