II 

Calendar No. 522 

109TH CONGRESS 

2D SESSION S. 2464 

[Report No. 109–284] 

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 

JULY 19, 2006 

Reported by Mr. MCCAIN, without amendment 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•S 2464 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Fort McDowell Indian 

3 Community Water Rights Settlement Revision Act of 

4 2006’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) FORT MCDOWELL WATER RIGHTS SETTLE8 MENT ACT.—The term ‘‘Fort McDowell Water 

9 Rights Settlement Act’’ means the Fort McDowell 

10 Indian Community Water Rights Settlement Act of 

11 1990 (Public Law 101–628; 104 Stat. 4480). 

12 (2) NATION.—The term ‘‘Nation’’ means the 

13 Fort McDowell Yavapai Nation, formerly known as 

14 the ‘‘Fort McDowell Indian Community’’. 

15 (3) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior. 

17 SEC. 3. CANCELLATION OF REPAYMENT OBLIGATION. 

18 (a) CANCELLATION OF OBLIGATION.—The obligation 

19 of the Nation to repay the loan made under section 408(e) 

20 of the Fort McDowell Water Rights Settlement Act (104 

21 Stat. 4489) is cancelled. 

22 (b) EFFECT OF ACT.— 

23 (1) RIGHTS OF NATION UNDER FORT

24 MCDOWELL WATER RIGHTS SETTLEMENT ACT.— 

25 (A) IN GENERAL.—Except as provided in 

26 subparagraph (B), nothing in this Act alters or 


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1 affects any right of the Nation under the Fort 

2 McDowell Water Rights Settlement Act. 

3 (B) EXCEPTION.—The cancellation of the 

4 repayment obligation under subsection (a) shall 

5 be considered— 

6 (i) to fulfill all conditions required to 

7 achieve a full and final settlement of all 

8 claims to water rights or injuries to water 

9 rights under the Fort McDowell Water 

10 Rights Settlement Act; and 

11 (ii) to relieve the Secretary of any re12 sponsibility or obligation to obtain mitiga13 tion property or develop additional farm 

14 acreage under section 410 the Fort 

15 McDowell Water Rights Settlement Act 

16 (104 Stat. 4490). 

17 (2) ELIGIBILITY FOR SERVICES AND BENE18 FITS.—Nothing in this Act alters or affects the eligi19 bility of the Nation or any member of the Nation for 

20 any service or benefit provided by the Federal Gov21 ernment to federally recognized Indian tribes or 

22 members of such Indian tribes. 


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Calendar No. 522 

109TH CONGRESS 

2D SESSION S. 2464 

[Report No. 109

–284] 

A BILL 

To revise a provision relating to a repayment obliother purposes. Water Rights Settlement Act of 1990, and for under the Fort McDowell Indian Community gation of the Fort McDowell Yavapai Nation 

JULY 19, 2006 

Reported without amendment 


ycherry on PROD1PC64 with BILLS