[106th Congress Public Law 285]
[From the U.S. Government Printing Office]
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[DOCID: f:publ285.106]
[[Page 114 STAT. 878]]
Public Law 106-285
106th Congress
An Act
To amend the Act entitled ``An Act relating to the water rights of the
Ak-Chin Indian Community'' to clarify certain provisions concerning the
leasing of such water rights, and for other purposes. <<NOTE: Oct. 10,
2000 - [H.R. 2647]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CONSTITUTIONAL AUTHORITY.
The Constitutional authority for this Act rests in article I,
section 8, authorizing Congress to ``regulate Commerce with foreign
Nations, and among the several States, and with the Indian tribes''.
SEC. <<NOTE: Ak-Chin Water Use Amendments Act of 2000. Arizona.>> 2.
TECHNICAL AMENDMENTS TO AK-CHIN WATER USE ACT OF 1984.
(a) Short Title.--This section may be cited as the ``Ak-Chin Water
Use Amendments Act of 2000''.
(b) Authorization of Use of Water.--Section 2( j) of the Act of
October 19, 1984 (Public Law 98-530; 98 Stat. 2698), as amended by
section 10 of the Act of October 24, 1992 (Public Law 102-497; 106 Stat.
3258), is amended to read as follows:
``( j)(1) The Ak-Chin Indian Community (hereafter in this Act
referred to as the `Community') shall have the right to devote the
permanent water supply provided for by this Act to any use, including
agricultural, municipal, industrial, commercial, mining, recreational,
or other beneficial use, in the areas initially designated as the Pinal,
Phoenix, and Tucson Active Management Areas pursuant to the Arizona
Groundwater Management Act of 1980, laws 1980, fourth special session,
chapter 1. The Community is authorized to lease or enter into options to
lease, to renew options to lease, to extend the initial terms of leases
for the same or a lesser term as the initial term of the lease, to renew
leases for the same or a lesser term as the initial term of the lease,
to exchange or temporarily dispose of water to which it is entitled for
the beneficial use in the areas initially designated as the Pinal,
Phoenix, and Tucson Active Management Areas pursuant to the Arizona
Groundwater Management Act of 1980, laws 1980, fourth special session,
chapter 1.
``(2) Notwithstanding paragraph (1), the initial term of any lease
entered into under this subsection shall not exceed 100 years and the
Community may not permanently alienate any water right. In the event the
Community leases, enters into an option to lease, renews an option to
lease, extends a lease, renews a lease, or exchanges or temporarily
disposes of water, such action shall only be valid pursuant to a
contract that has been accepted and ratified
[[Page 114 STAT. 879]]
by a resolution of the Ak-Chin Indian Community Council and approved and
executed by the Secretary.''.
(c) Approval of Lease and Amendment of Lease.--The option and lease
agreement among the Ak-Chin Indian Community, the United States of
America, and Del Webb Corporation, dated as of December 14, 1996, and
the Amendment Number One thereto among the Ak-Chin Indian Community, the
United States of America, and Del Webb Corporation, dated as of January
7, 1999, are hereby ratified and approved. <<NOTE: Deadline.>> The
Secretary of the Interior is hereby authorized and directed to execute
Amendment Number One, and the restated agreement as provided in
Amendment Number One, not later than 60 days after the date of the
enactment of this Act.
Approved October 10, 2000.
LEGISLATIVE HISTORY--H.R. 2647:
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HOUSE REPORTS: No. 106-598 (Comm. on Resources).
SENATE REPORTS: No. 106-415 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 146 (2000):
May 9, considered and passed House.
Sept. 27, considered and passed Senate.
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