[Congressional Record (Bound Edition), Volume 146 (2000), Part 14]
[House]
[Pages 20625-20629]
[From the U.S. 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

[[Page 20626]]

     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 
     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. 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

[[Page 20627]]

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 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

[[Page 20628]]

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 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--

[[Page 20629]]

       (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.
       (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

       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.

                              {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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