109th CONGRESS
2d Session

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.

IN THE SENATE OF THE UNITED STATES

March 28, 2006

Mr. MCCAIN (for himself and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

A BILL

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.

    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 a full and final settlement of all claims to water rights or injuries to water rights under 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.

END