§ 1522. — Orme Dam and Reservoir.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1522]
TITLE 43--PUBLIC LANDS
CHAPTER 32--COLORADO RIVER BASIN PROJECT
SUBCHAPTER III--AUTHORIZED UNITS; PROTECTION OF EXISTING USES
Sec. 1522. Orme Dam and Reservoir
(a) Acquisition of lands of Salt River Pima-Maricopa Indian Community
and Fort McDowell-Apache Indian Community; relocation; eminent
domain
The Secretary shall designate the lands of the Salt River Pima-
Maricopa Indian Community, Arizona, and the Fort McDowell-Apache Indian
Community, Arizona, or interests therein, and any allotted lands or
interests therein within said communities which he determines are
necessary for use and occupancy by the United States for the
construction, operation, and maintenance of Orme Dam and Reservoir, or
alternative. The Secretary shall offer to pay the fair market value of
the lands and interests designated, inclusive of improvements. In
addition, the Secretary shall offer to pay toward the cost of relocating
or replacing such improvements not to exceed $500,000 in the aggregate,
and the amount offered for the actual relocation or replacement of a
residence shall not exceed the difference between the fair market value
of the residence and $8,000. Each community and each affected allottee
shall have six months in which to accept or reject the Secretary's
offer. If the Secretary's offer is rejected, the United States may
proceed to acquire the property interests involved through eminent
domain proceedings in the United States District Court for the District
of Arizona under sections 3113 and 3114(a) to (d) of title 40. Upon
acceptance in writing of the Secretary's offer, or upon the filing of a
declaration of taking in eminent domain proceedings, title to the lands
or interests involved, and the right to possession thereof, shall vest
in the United States. Upon a determination by the Secretary that all or
any part of such lands or interests are no longer necessary for the
purpose for which acquired, title to such lands or interests shall be
restored to the appropriate community upon repayment to the Federal
Government of the amounts paid by it for such lands.
(b) Rights of former owners to use or lease land
Title to any land or easement acquired pursuant to this section
shall be subject to the right of the former owner to use or lease the
land for purposes not inconsistent with the construction, operation, and
maintenance of the project, as determined by, and under terms and
conditions prescribed by, the Secretary. Such right shall include the
right to extract and dispose of minerals. The determination of fair
market value under subsection (a) of this section shall reflect the
right to extract and dispose of minerals and all other uses permitted by
this section.
(c) Addition of land to Fort McDowell Indian Reservation
In view of the fact that a substantial portion of the lands of the
Fort McDowell Mohave-Apache Indian Community will be required for Orme
Dam and Reservoir, or alternative, the Secretary shall, in addition to
the compensation provided for in subsection (a) of this section,
designate and add to the Fort McDowell Indian Reservation twenty-five
hundred acres of suitable lands in the vicinity of the reservation that
are under the jurisdiction of the Department of the Interior in township
4 north, range 7 east; township 5 north, range 7 east; and township 3
north, range 7 east, Gila and Salt River base meridian, Arizona. Title
to lands so added to the reservation shall be held by the United States
in trust for the Fort McDowell Mohave-Apache Indian Community.
(d) Recreational facilities developed and operated by Indian communities
along Orme Reservoir shoreline
Each community shall have a right, in accordance with plans approved
by the Secretary, to develop and operate recreational facilities along
the part of the shoreline of the Orme Reservoir located on or adjacent
to its reservation, including land added to the Fort McDowell
Reservation as provided in subsection (b) of this section, subject to
rules and regulations prescribed by the Secretary governing the
recreation development of the reservoir. Recreation development of the
entire reservoir and federally owned lands under the jurisdiction of the
Secretary adjacent thereto shall be in accordance with a master
recreation plan approved by the Secretary. The members of each community
shall have nonexclusive personal rights to hunt and fish on or in the
reservoir without charge to the same extent they are now authorized to
hunt and fish, but no community shall have the right to exclude others
from the reservoir except by control of access through its reservation
or any right to require payment by members of the public except for the
use of community lands or facilities.
(e) Exemption of funds from State and Federal income taxes
All funds paid pursuant to this section, and any per capita
distribution thereof, shall be exempt from all forms of State and
Federal income taxes.
(Pub. L. 90-537, title III, Sec. 302, Sept. 30, 1968, 82 Stat. 888.)
Codification
In subsec. (a), ``sections 3113 and 3114(a) to (d) of title 40''
substituted for ``40 U.S.C., sections 257 and 258a'' on authority of
Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first
section of which enacted Title 40, Public Buildings, Property, and
Works.
Inapplicability of Subsection (a) to Fort McDowell Indian Community
Pub. L. 101-628, title IV, Sec. 411(e), Nov. 28, 1990, 104 Stat.
4491, provided that: ``As of the date the authorizations contained in
section 409(b) of this Act become effective [see section 412 of Pub. L.
101-628, 104 Stat. 4491], section 302(a) of the Colorado River Basin
Project Act (43 U.S.C. 1522(a)) shall no longer apply to the Community
[Fort McDowell Indian Community].''
Inapplicability to Salt River Pima-Maricopa Indian Community
Pub. L. 100-512, Sec. 11(c), Oct. 20, 1988, 102 Stat. 2558, provided
that: ``Upon the effective date of this Act as set forth in section 12
[102 Stat. 2559], section 302 of the Colorado River Basin Project Act
(43 U.S.C. 1522) shall no longer apply to the Community [Salt River
Pima-Maricopa Indian Community].''
Section Referred to in Other Sections
This section is referred to in section 1527 of this title.
