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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1913 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1913

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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 10, 1999

  Mr. Lott (for 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 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.

    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. 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 1999''.
    (b) Authorization of Use of Water.--Section 2(j) of the Act of 
October 19, 1984 (Public Law 98-530; 98 Stat. 2698) is amended to read 
as follows:
    ``(j)(1) The Ak-Chin Indian Community (hereafter in this subsection 
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 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, 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, and Del Webb Corporation, dated as of January 7, 1999, are 
hereby ratified and approved. The Secretary of the Interior is hereby 
authorized and directed to execute Amendment Number One, and the 
restated agreement as provided for in Amendment Number One, not later 
than 60 days after the date of the enactment of this Act.
                                 <all>
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