106TH CONGRESS
2D SESSION
H. R. 2820
AN ACT
To provide for the ownership and operation of the irrigation
works on the Salt River Pima-Maricopa Indian Commu-
nity’s reservation in Maricopa County, Arizona, by the
Salt River Pima-Maricopa Indian Community.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds and declares that—
(1) it is the policy of the United States, in ful-
fillment of its trust responsibility to Indian tribes, to
promote Indian self-determination and economic
self-sufficiency;
(2) the Salt River Pima-Maricopa Indian Com-
munity (hereinafter referred to as the ‘‘Commu-
nity’’) has operated the irrigation works within the
Community’s reservation since November 1997 and
is capable of fully managing the operation of these
irrigation works;
(3) considering that the irrigation works, which
are comprised primarily of canals, ditches, irrigation
wells, storage reservoirs, and sump ponds located ex-
clusively on lands held in trust for the Community
and allottees, have been operated generally the same
for over 100 years, the irrigation works will continue
to be used for the distribution and delivery of water;
(4) considering that the operational manage-
ment of the irrigation works has been carried out by
the Community as indicated in paragraph (2), the
conveyance of ownership of such works to the Com-
munity is viewed as an administrative action;
(5) the Community’s laws and regulations are
in compliance with section 2(b); and
(6) in light of the foregoing and in order to—
(A) promote Indian self-determination, eco-
nomic self-sufficiency, and self-governance;
(B) enable the Community in its develop-
ment of a diverse, efficient reservation economy;
and
(C) enable the Community to better serve
the water needs of the water users within the
Community,
it is appropriate in this instance that the United
States convey to the Community the ownership of
the irrigation works.
SEC. 2. CONVEYANCE AND OPERATION OF IRRIGATION
WORKS
(a) CONVEYANCE.—The Secretary of the Interior, as
soon as is practicable after the date of the enactment of
this Act, and in accordance with the provisions of this Act
and all other applicable law, shall convey to the Commu-
nity any or all rights and interests of the United States
in and to the irrigation works on the Community’s res-
ervation which were formerly operated by the Bureau of
Indian Affairs. Notwithstanding the provisions of sections
1 and 3 of the Act of April 4, 1910 (25 U.S.C. 385) and
sections 1, 2, and 3 of the Act of August 7, 1946 (25
U.S.C. 385a, 385b, and 385c) and any implementing reg-
ulations, during the period between the date of the enact-
ment of this Act and the conveyance of the irrigation
works by the United States to the Community, the Com-
munity shall operate the irrigation works under the provi-
sions set forth in this Act and in accordance with the In-
dian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.), including retaining and expending
operations and maintenance collections for irrigation
works purposes. Effective upon the date of conveyance of
the irrigation works, the Community shall have the full
ownership of and operating authority over the irrigation
works in accordance with the provisions of this Act.
(b) FULFILLMENT
OF FEDERAL TRUST RESPON-
SIBILITIES.—To assure compliance with the Federal trust
responsibilities of the United States to Indian tribes, indi-
vidual Indians and Indians with trust allotments, includ-
ing such trust responsibilities contained in Salt River
Pima-Maricopa Indian Community Water Rights Settle-
ment Act of 1988 (Public Law 100–512), the Community
shall operate the irrigation works consistent with this Act
and under uniform laws and regulations adopted by the
Community for the management, regulation, and control
of water resources on the reservation so as to assure fair-
ness in the delivery of water to water users. Such Commu-
nity laws and regulations include currently and shall con-
tinue to include provisions to maintain the following re-
quirements and standards which shall be published and
made available to the Secretary and the Community at
large:
(1) PROCESS.—A process by which members of
the Community, including Indian allottees, shall be
provided a system of distribution, allocation, control,
pricing and regulation of water that will provide a
just and equitable distribution of water so as to
achieve the maximum beneficial use and conserva-
tion of water in recognition of the demand on the
water resource, the changing uses of land and water
and the varying annual quantity of available Com-
munity water.
(2) DUE PROCESS.—A due process system for
the consideration and determination of any request
by an Indian or Indian allottee for distribution of
water for use on his or her land, including a process
for appeal and adjudication of denied or disputed
distributions and for resolution of contested adminis-
trative decisions.
(c) SUBSEQUENT MODIFICATION OF LAWS AND REG-
ULATIONS.—If the provisions of the Community’s laws
and regulations implementing subsection (b) only are to
be modified subsequent to the date of the enactment of
this Act by the Community, such proposed modifications
shall be published and made available to the Secretary at
least 120 days prior to their effective date and any modi-
fication that could significantly adversely affect the rights
of allottees shall only become effective upon the concur-
rence of both the Community and the Secretary.
(d) LIMITATIONS OF LIABILITY.—Effective upon the
date of the enactment of this Act, the United States shall
not be liable for damages of any kind arising out of any
act, omission, or occurrence based on the Community’s
ownership or operation of the irrigation works, except for
damages caused by acts of negligence committed by the
United States prior to the date of the enactment of this
Act. Nothing in this section shall be deemed to increase
the liability of the United States beyond that currently
provided in the Federal Tort Claims Act (28 U.S.C. 2671
et seq.).
(e) CANCELLATION
OF CHARGES.—Effective upon
the date of conveyance of the irrigation works under this
section, any charges for construction of the irrigation
works on the reservation of the Community that have been
deferred pursuant to the Act of July 1, 1932 (25 U.S.C.
386a) are hereby canceled.
(f) PROJECT NO LONGER A BIA PROJECT.—Effec-
tive upon the date of conveyance of the irrigation works
under this section, the irrigation works shall no longer be
considered a Bureau of Indian Affairs irrigation project
and the facilities will not be eligible for Federal benefits
based solely on the fact that the irrigation works were for-
merly a Bureau of Indian Affairs irrigation project. Noth-
ing in this Act shall be construed to limit or reduce in
any way the service, contracts, or funds the Community
may be eligible to receive under other applicable Federal
law.
SEC. 3. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act shall be construed to diminish
the trust responsibility of the United States under applica-
ble law to the Salt River Pima-Maricopa Indian Commu-
nity, to individual Indians, or to Indians with trust allot-
ments within the Community’s reservation.
Passed the House of Representatives October 3,
2000.
Attest:
Clerk.