H.R. 5299 – Fort McDowell Indian Community Water Rights Settlement Revision Act of 2006

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4 earlier actions

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Subcommittee Hearings Held.

Water, Wildlife and Fisheries Subcommittee

July 12, 2006

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HouseIntro Referral

Introduced in House

May 4, 2006

HouseIntro Referral

Referred to the House Committee on Resources.

Natural Resources Committee

May 4, 2006

HouseCommittee

Referred to the Subcommittee on Water and Power.

Water, Wildlife and Fisheries Subcommittee

May 18, 2006

HouseCommittee

Executive Comment Requested from Interior.

Natural Resources Committee

May 18, 2006

HouseCommittee

Subcommittee Hearings Held.

Water, Wildlife and Fisheries Subcommittee

July 12, 2006

Floor Debate

2 members

What members said about H.R. 5299 on the floor

1 Republican1 Democrat

Rep. J. D. HayworthR-AZ-5 · Sep 28, 2006

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…

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.

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. 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.

Rep. Frank Pallone, Jr.D-NJ-6 · Sep 28, 2006

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. Speaker, S. 2464 will allow the Fort McDowell Yavapai Nation…

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Introduced in HouseIssued May 4, 2006

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5299 Introduced in House (IH)]

109th CONGRESS
2d Session
H. R. 5299

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 HOUSE OF REPRESENTATIVES

May 4, 2006

Mr. Hayworth (for himself and Mr. Renzi) introduced the following bill;
which was referred to the Committee on Resources

_______________________________________________________________________

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.
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