H. R. 2647
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
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 2000’’.
(b) AUTHORIZATION
OF USE
OF WATER.—Section 2( j) of the
Act of October 19, 1984 (Public Law 98–530; 98 Stat. 2698), as
amended by section 10 of the Act of October 24, 1992 (Public
Law 102–497; 106 Stat. 3258), is amended to read as follows:
‘‘( j)(1) The Ak-Chin Indian Community (hereafter in this Act
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 pursu-
ant to the Arizona Groundwater Management Act of 1980, laws
1980, fourth special session, chapter 1. The Community is author-
ized 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
H. R. 2647—2
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 of America, 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 of
America, 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 in Amendment
Number One, not later than 60 days after the date of the enactment
of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.