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Code · BILL · 117th Congress · H.R. 9633 (Introduced in House) — To authorize Arizona Tribes to enter into lease or exchange agreements and storage agreements relating to their decre... · Sec. 7

Sec. 7. Approval by the Secretary

222 words·~1 min read·/bill/117/hr/9633/ih/section-7·

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The Secretary shall approve or disapprove any— Lease or Exchange Agreement; modification to a Lease or Exchange Agreement; Storage Agreement; or modification to a Storage Agreement. The Secretary is authorized to enter Lease or Exchange Agreements or Storage Agreements with an Arizona Tribe, provided the Secretary pays the fair market value for the Arizona Tribe’s reduced consumptive use. The Secretary shall not approve any Lease or Exchange Agreement, or any modification to a Lease or Exchange Agreement, any Storage Agreement, or any modification to a Storage Agreement that is not in compliance with— this Act; and the agreement entered into between the Arizona Tribe, the State, and the Secretary under section 10(a).
The Secretary shall not approve any Lease or Exchange Agreement, any modification to a Lease or Exchange Agreement, or any Storage Agreement that permanently alienates any portion of any Arizona Tribe decreed water right. The requirement for Secretarial approval under subsection
(a)shall satisfy the requirements of section 2116 of the Revised Statutes (commonly known as the Indian Trade and Intercourse Act ; 25 U.S.C. 177 ). Nothing in this Act, or any agreement entered into or approved by the Secretary under this Act, including any Lease or Exchange Agreement or Storage Agreement, shall diminish or abrogate the authority of the Secretary to act under applicable Federal law or regulation.
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