[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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