II 

Calendar No. 31

108TH CONGRESS 

1ST SESSION S. 222

[Report No. 108–18] 

To approve the settlement of the water rights claims of the Zuni Indian 

Tribe in Apache County, Arizona, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 28, 2003

Mr. KYL (for himself and Mr. MCCAIN) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

MARCH 10, 2003

Reported by Mr. CAMPBELL, without amendment 

A BILL

To approve the settlement of the water rights claims of 

the Zuni Indian Tribe in Apache County, Arizona, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Zuni Indian Tribe 

5 Water Rights Settlement Act of 2003’’. 
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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) It is the policy of the United States, in 

5 keeping with its trust responsibility to Indian tribes, 

6 to promote Indian self-determination, religious free7 dom, political and cultural integrity, and economic 

8 self-sufficiency, and to settle, wherever possible, the 

9 water rights claims of Indian tribes without lengthy 

10 and costly litigation. 

11 (2) Quantification of rights to water and devel12 opment of facilities needed to use tribal water sup13 plies effectively is essential to the development of 

14 viable Indian reservation communities, particularly 

15 in arid western States. 

16 (3) On August 28, 1984, and by actions subse17 quent thereto, the United States established a res18 ervation for the Zuni Indian Tribe in Apache Coun19 ty, Arizona upstream from the confluence of the Lit20 tle Colorado and Zuni Rivers for long-standing reli21 gious and sustenance activities. 

22 (4) The water rights of all water users in the 

23 Little Colorado River basin in Arizona have been in 

24 litigation since 1979, in the Superior Court of the 

25 State of Arizona in and for the County of Apache 

26 in Civil No. 6417, In re The General Adjudication 
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1 of All Rights to Use Water in the Little Colorado 

2 River System and Source. 

3 (5) Recognizing that the final resolution of the 

4 Zuni Indian Tribe’s water claims through litigation 

5 will take many years and entail great expense to all 

6 parties, continue to limit the Tribe’s access to water 

7 with economic, social, and cultural consequences to 

8 the Tribe, prolong uncertainty as to the availability 

9 of water supplies, and seriously impair the long-term 

10 economic planning and development of all parties, 

11 the Tribe and neighboring non-Indians have sought 

12 to settle their disputes to water and reduce the bur13 dens of litigation. 

14 (6) After more than 4 years of negotiations, 

15 which included participation by representatives of 

16 the United States, the Zuni Indian Tribe, the State 

17 of Arizona, and neighboring non-Indian communities 

18 in the Little Colorado River basin, the parties have 

19 entered into a Settlement Agreement to resolve all of 

20 the Zuni Indian Tribe’s water rights claims and to 

21 assist the Tribe in acquiring surface water rights, to 

22 provide for the Tribe’s use of groundwater, and to 

23 provide for the wetland restoration of the Tribe’s 

24 lands in Arizona. 
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1 (7) To facilitate the wetland restoration project 

2 contemplated under the Settlement Agreement, the 

3 Zuni Indian Tribe acquired certain lands along the 

4 Little Colorado River near or adjacent to its Res5 ervation that are important for the success of the 

6 project and will likely acquire a small amount of 

7 similarly situated additional lands. The parties have 

8 agreed not to object to the United States taking title 

9 to certain of these lands into trust status; other 

10 lands shall remain in tribal fee status. The parties 

11 have worked extensively to resolve various govern12 mental concerns regarding use of and control over 

13 those lands, and to provide a successful model for 

14 these types of situations, the State, local, and tribal 

15 governments intend to enter into an Intergovern16 mental Agreement that addresses the parties’ gov17 ernmental concerns. 

18 (8) Pursuant to the Settlement Agreement, the 

19 neighboring non-Indian entities will assist in the 

20 Tribe’s acquisition of surface water rights and devel21 opment of groundwater, store surface water supplies 

22 for the Zuni Indian Tribe, and make substantial ad23 ditional contributions to carry out the Settlement 

24 Agreement’s provisions. 
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1 (9) To advance the goals of Federal Indian pol2 icy and consistent with the trust responsibility of the 

3 United States to the Tribe, it is appropriate that the 

4 United States participate in the implementation of 

5 the Settlement Agreement and contribute funds for 

6 the rehabilitation of religious riparian areas and 

7 other purposes to enable the Tribe to use its water 

8 entitlement in developing its Reservation. 

9 (b) PURPOSES.—The purposes of this Act are—

10 (1) to approve, ratify, and confirm the Settle11 ment Agreement entered into by the Tribe and 

12 neighboring non-Indians; 

13 (2) to authorize and direct the Secretary of the 

14 Interior to execute and perform the Settlement 

15 Agreement and related waivers; 

16 (3) to authorize and direct the United States to 

17 take legal title and hold such title to certain lands 

18 in trust for the benefit of the Zuni Indian Tribe; and 

19 (4) to authorize the actions, agreements, and 

20 appropriations as provided for in the Settlement 

21 Agreement and this Act. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

24 (1) EASTERN LCR BASIN.—The term ‘‘Eastern 

25 LCR basin’’ means the portion of the Little Colo-
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1 rado River basin in Arizona upstream of the con2 fluence of Silver Creek and the Little Colorado 

3 River, as identified on Exhibit 2.10 of the Settle4 ment Agreement.

5 (2) FUND.—The term ‘‘Fund’’ means the Zuni 

6 Indian Tribe Water Rights Development Fund es7 tablished by section 6(a). 

8 (3) INTERGOVERNMENTAL AGREEMENT.—The 

9 term ‘‘Intergovernmental Agreement’’ means the 

10 intergovernmental agreement between the Zuni In11 dian Tribe, Apache County, Arizona and the State 

12 of Arizona described in article 6 of the Settlement 

13 Agreement. 

14 (4) PUMPING PROTECTION AGREEMENT.—The 

15 term ‘‘Pumping Protection Agreement’’ means an 

16 agreement, described in article 5 of the Settlement 

17 Agreement, between the Zuni Tribe, the United 

18 States on behalf of the Tribe, and a local landowner 

19 under which the landowner agrees to limit pumping 

20 of groundwater on his lands in exchange for a waiv21 er of certain claims by the Zuni Tribe and the 

22 United States on behalf of the Tribe. 

23 (5) RESERVATION; ZUNI HEAVEN RESERVA24 TION.—The term ‘‘Reservation’’ or ‘‘Zuni Heaven 

25 Reservation’’, also referred to as ‘‘Kolhu:wala:wa’’, 
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1 means the following property in Apache County, Ari2 zona: Sections 26, 27, 28, 33, 34, and 35, Township 

3 15 North, Range 26 East, Gila and Salt River Base 

4 and Meridian; and Sections 2, 3, 4, 9, 10, 11, 13, 

5 14, 15, 16, 23, 26, and 27, Township 14 North, 

6 Range 26 East, Gila and Salt River Base and Me7 ridian. 

8 (6) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (7) SETTLEMENT AGREEMENT.—The term 

11 ‘‘Settlement Agreement’’ means that agreement 

12 dated June 7, 2002, together with all exhibits there13 to. The parties to the Settlement Agreement include 

14 the Zuni Indian Tribe and its members, the United 

15 States on behalf of the Tribe and its members, the 

16 State of Arizona, the Arizona Game and Fish Com17 mission, the Arizona State Land Department, the 

18 Arizona State Parks Board, the St. Johns Irrigation 

19 and Ditch Co., the Lyman Water Co., the Round 

20 Valley Water Users’ Association, the Salt River 

21 Project Agricultural Improvement and Power Dis22 trict, the Tucson Electric Power Company, the City 

23 of St. Johns, the Town of Eagar, and the Town of 

24 Springerville. 
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1 (8) SRP.—The term ‘‘SRP’’ means the Salt 

2 River Project Agricultural Improvement and Power 

3 District, a political subdivision of the State of Ari4 zona. 

5 (9) TEP.—The term ‘‘TEP’’ means Tucson 

6 Electric Power Company. 

7 (10) TRIBE, ZUNI TRIBE, OR ZUNI INDIAN

8 TRIBE.—The terms ‘‘Tribe’’, ‘‘Zuni Tribe’’, or ‘‘Zuni 

9 Indian Tribe’’ means the body politic and federally 

10 recognized Indian nation, and its members. 

11 (11) ZUNI LANDS.—The term ‘‘Zuni Lands’’ 

12 means all the following lands, in the State of Ari13 zona, that, on the effective date described in section 

14 9(a), are—

15 (A) within the Zuni Heaven Reservation; 

16 (B) held in trust by the United States for 

17 the benefit of the Tribe or its members; or 

18 (C) held in fee within the Little Colorado 

19 River basin by or for the Tribe. 

20 SEC. 4. AUTHORIZATION, RATIFICATIONS, AND CONFIRMA21 TIONS. 

22 (a) SETTLEMENT AGREEMENT.—To the extent the 

23 Settlement Agreement does not conflict with the provi24 sions of this Act, such Settlement Agreement is hereby 

25 approved, ratified, confirmed, and declared to be valid. 
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1 The Secretary is authorized and directed to execute the 

2 Settlement Agreement and any amendments approved by 

3 the parties necessary to make the Settlement Agreement 

4 consistent with this Act. The Secretary is further author5 ized to perform any actions required by the Settlement 

6 Agreement and any amendments to the Settlement Agree7 ment that may be mutually agreed upon by the parties 

8 to the Settlement Agreement. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Zuni Indian Tribe 

11 Water Rights Development Fund established in section 

12 6(a), $19,250,000, to be allocated by the Secretary as fol13 lows: 

14 (1) $3,500,000 for fiscal year 2004, to be used 

15 for the acquisition of water rights and associated 

16 lands, and other activities carried out, by the Zuni 

17 Tribe to facilitate the enforceability of the Settle18 ment Agreement, including the acquisition of at 

19 least 2,350 acre-feet per year of water rights before 

20 the deadline described in section 9(b). 

21 (2) $15,750,000, of which $5,250,000 shall be 

22 made available for each of fiscal years 2004, 2005, 

23 and 2006, to take actions necessary to restore, reha24 bilitate, and maintain the Zuni Heaven Reservation, 

25 including the Sacred Lake, wetlands, and riparian 
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1 areas as provided for in the Settlement Agreement 

2 and under this Act. 

3 (c) OTHER AGREEMENTS.—Except as provided in 

4 section 9, the following 3 separate agreements, together 

5 with all amendments thereto, are approved, ratified, con6 firmed, and declared to be valid: 

7 (1) The agreement between SRP, the Zuni 

8 Tribe, and the United States on behalf of the Tribe, 

9 dated June 7, 2002. 

10 (2) The agreement between TEP, the Zuni 

11 Tribe, and the United States on behalf of the Tribe, 

12 dated June 7, 2002. 

13 (3) The agreement between the Arizona State 

14 Land Department, the Zuni Tribe, and the United 

15 States on behalf of the Tribe, dated June 7, 2002. 

16 SEC. 5. TRUST LANDS. 

17 (a) NEW TRUST LANDS.—Upon satisfaction of the 

18 conditions in paragraph 6.2 of the Settlement Agreement, 

19 and after the requirements of section 9(a) have been met, 

20 the Secretary shall take the legal title of the following 

21 lands into trust for the benefit of the Zuni Tribe: 

22 (1) In T. 14 N., R. 27 E., Gila and Salt River 

23 Base and Meridian: 

24 (A) Section 13: SW 1/4, S 1/2 NE 1/4 SE 

25 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4; 
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1 (B) Section 23: N 1/2, N 1/2 SW 1/4, N 

2 1/2 SE 1/4, SE 1/4 SE 1/4, N 1/2 SW 1/4 SE 

3 1/4, SE 1/4 SW 1/4 SE 1/4;

4 (C) Section 24: NW 1/4, SW 1/4, S 1/2 

5 NE 1/4, N 1/2 SE 1/4; and 

6 (D) Section 25: N 1/2 NE 1/4, SE 1/4 NE 

7 1/4, NE 1/4 SE 1/4. 

8 (2) In T. 14 N., R. 28 E., Gila and Salt River 

9 Base and Meridian: 

10 (A) Section 19: W 1/2 E 1/2 NW 1/4, W 

11 1/2 NW 1/4, W 1/2 NE 1/4 SW 1/4, NW 1/4 

12 SW 1/4, S 1/2 SW 1/4; 

13 (B) Section 29: SW 1/4 SW 1/4 NW 1/4, 

14 NW 1/4 NW 1/4 SW 1/4, S 1/2 N 1/2 SW 1/

15 4, S 1/2 SW 1/4, S 1/2 NW 1/4 SE 1/4, SW 

16 1/4 SE 1/4; 

17 (C) Section 30: W 1/2 , SE 1/4; and 

18 (D) Section 31: N 1/2 NE 1/4, N 1/2 S 1/

19 2 NE 1/4, S 1/2 SE 1/4 NE 1/4, NW 1/4, E 

20 1/2 SW 1/4, N 1/2 NW 1/4 SW 1/4, SE 1/4 

21 NW 1/4 SW 1/4, E 1/2 SW 1/4 SW 1/4, SW 

22 1/4 SW 1/4 SW 1/4. 

23 (b) FUTURE TRUST LANDS.—Upon satisfaction of 

24 the conditions in paragraph 6.2 of the Settlement Agree25 ment, after the requirements of section 9(a) have been 
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1 met, and upon acquisition by the Zuni Tribe, the Sec2 retary shall take the legal title of the following lands into 

3 trust for the benefit of the Zuni Tribe: 

4 (1) In T. 14 N., R. 26E., Gila and Salt River 

5 Base and Meridian: Section 25: N 1/2 NE 1/4, N 

6 1/2 S 1/2 NE 1/4, NW 1/4, N 1/2 NE 1/4 SW 1/

7 4, NE 1/4 NW 1/4 SW 1/4. 

8 (2) In T. 14 N., R. 27 E., Gila and Salt River 

9 Base and Meridian: 

10 (A) Section 14: SE 1/4 SW 1/4, SE 1/4; 

11 (B) Section 16: S 1/2 SW 1/4 SE 1/4; 

12 (C) Section 19: S 1/2 SE 1/4 SE 1/4; 

13 (D) Section 20: S 1/2 SW 1/4 SW 1/4, E 

14 1/2 SE 1/4 SE 1/4; 

15 (E) Section 21: N 1/2 NE 1/4, E 1/2 NE 

16 1/4 NW 1/4, SE 1/4 NW 1/4, W 1/2 SW 1/4 

17 NE 1/4, N 1/2 NE 1/4 SW 1/4, SW 1/4 NE 

18 1/4 SW 1/4, E 1/2 NW 1/4 SW 1/4, SW 1/4 

19 NW 1/4 SW 1/4, W 1/2 SW 1/4 SW 1/4; 

20 (F) Section 22: SW 1/4 NE 1/4 NE 1/4, 

21 NW 1/4 NE 1/4, S 1/2 NE 1/4, N 1/2 NW 1/

22 4, SE 1/4 NW1/4, N 1/2 SW 1/4 NW 1/4, SE 

23 1/4 SW 1/4 NW 1/4, N 1/2 N 1/2 SE 1/4, N 

24 1/2 NE 1/4 SW 1/4; 
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1 (G) Section 24: N 1/2 NE 1/4, S 1/2 SE 

2 1/4; 

3 (H) Section 29: N 1/2 N 1/2; 

4 (I) Section 30: N 1/2 N 1/2, N 1/2 S 1/

5 2 NW 1/4, N 1/2 SW 1/4 NE 1/4; and 

6 (J) Section 36: SE 1/4 SE 1/4 NE 1/4, 

7 NE 1/4 NE 1/4 SE 1/4. 

8 (3) In T. 14 N., R. 28 E., Gila and Salt River 

9 Base and Meridian: 

10 (A) Section 18: S 1/2 NE 1/4, NE 1/4 SW 

11 1/4, NE 1/4 NW 1/4 SW 1/4, S 1/2 NW 1/4 

12 SW 1/4, S 1/2 SW 1/4, N 1/2 SE 1/4, N 1/2 

13 SW 1/4 SE 1/4, SE 1/4 SE 1/4; 

14 (B) Section 30: S 1/2 NE 1/4, W 1/2 NW 

15 1/4 NE 1/4; and 

16 (C) Section 32: N 1/2 NW 1/4 NE 1/4, 

17 SW 1/4 NE 1/4, S 1/2 SE 1/4 NE 1/4, NW 1/

18 4, SW 1/4, N 1/2 SE 1/4, SW 1/4 SE 1/4, N 

19 1/2 SE 1/4 SE 1/4, SW 1/4 SE 1/4 SE 1/4. 

20 (c) NEW RESERVATION LANDS.—Upon satisfaction 

21 of the conditions in paragraph 6.2 of the Settlement 

22 Agreement, after the requirements of section 9(a) have 

23 been met, and upon acquisition by the Zuni Tribe, the Sec24 retary shall take the legal title of the following lands in 

25 Arizona into trust for the benefit of the Zuni Tribe and 
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1 make such lands part of the Zuni Indian Tribe Reserva2 tion in Arizona: Section 34, T. 14 N., R. 26 E., Gila and 

3 Salt River Base and Meridian. 

4 (d) LIMITATION ON SECRETARIAL DISCRETION.—

5 The Secretary shall have no discretion regarding the ac6 quisitions described in subsections (a), (b), and (c). 

7 (e) LANDS REMAINING IN FEE STATUS.—The Zuni 

8 Tribe may seek to have the legal title to additional lands 

9 in Arizona, other than the lands described in subsection 

10 (a), (b), or (c), taken into trust by the United States for 

11 the benefit of the Zuni Indian Tribe pursuant only to an 

12 Act of Congress enacted after the date of enactment of 

13 this Act specifically authorizing the transfer for the ben14 efit of the Zuni Tribe. 

15 (f) FINAL AGENCY ACTION.—Any written certifi16 cation by the Secretary under subparagraph 6.2.B of the 

17 Settlement Agreement constitutes final agency action 

18 under the Administrative Procedure Act and is reviewable 

19 as provided for under chapter 7 of title 5, United States 

20 Code. 

21 (g) NO FEDERAL WATER RIGHTS.—Lands taken 

22 into trust pursuant to subsection (a), (b), or (c) shall not 

23 have Federal reserved rights to surface water or ground24 water. 
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1 (h) STATE WATER RIGHTS.—The water rights and 

2 uses for the lands taken into trust pursuant to subsection 

3 (a) or (c) must be determined under subparagraph 4.1.A 

4 and article 5 of the Settlement Agreement. With respect 

5 to the lands taken into trust pursuant to subsection (b), 

6 the Zuni Tribe retains any rights or claims to water asso7 ciated with these lands under State law, subject to the 

8 terms of the Settlement Agreement. 

9 (i) FORFEITURE AND ABANDONMENT.—Water rights 

10 that are appurtenant to lands taken into trust pursuant 

11 to subsection (a), (b), or (c) shall not be subject to for12 feiture and abandonment. 

13 (j) AD VALOREM TAXES.—With respect to lands that 

14 are taken into trust pursuant to subsection (a) or (b), the 

15 Zuni Tribe shall make payments in lieu of all current and 

16 future State, county, and local ad valorem property taxes 

17 that would otherwise be applicable to those lands if they 

18 were not in trust. 

19 (k) AUTHORITY OF TRIBE.—For purposes of com20 plying with this section and article 6 of the Settlement 

21 Agreement, the Tribe is authorized to enter into—

22 (1) the Intergovernmental Agreement between 

23 the Zuni Tribe, Apache County, Arizona, and the 

24 State of Arizona; and 
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1 (2) any intergovernmental agreement required 

2 to be entered into by the Tribe under the terms of 

3 the Intergovernmental Agreement. 

4 (l) FEDERAL ACKNOWLEDGEMENT OF INTERGOV5 ERNMENTAL AGREEMENTS.—

6 (1) IN GENERAL.—The Secretary shall acknowl7 edge the terms of any intergovernmental agreement 

8 entered into by the Tribe under this section. 

9 (2) NO ABROGATION.—The Secretary shall not 

10 seek to abrogate, in any administrative or judicial 

11 action, the terms of any intergovernmental agree12 ment that are consistent with subparagraph 6.2.A of 

13 the Settlement Agreement and this Act. 

14 (3) REMOVAL.—

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), if a judicial action is com17 menced during a dispute over any intergovern18 mental agreement entered into under this sec19 tion, and the United States is allowed to inter20 vene in such action, the United States shall not 

21 remove such action to the Federal courts. 

22 (B) EXCEPTION.—The United States may 

23 seek removal if—
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1 (i) the action concerns the Secretary’s 

2 decision regarding the issuance of rights3 of-way under section 8(c); 

4 (ii) the action concerns the authority 

5 of a Federal agency to administer pro6 grams or the issuance of a permit under—

7 (I) the Federal Water Pollution 

8 Control Act (33 U.S.C. 1251 et seq.); 

9 (II) the Safe Drinking Water Act 

10 (42 U.S.C. 300f et seq.); 

11 (III) the Clean Air Act (42 

12 U.S.C. 7401 et seq.); or 

13 (IV) any other Federal law spe14 cifically addressed in intergovern15 mental agreements; or 

16 (iii) the intergovernmental agreement 

17 is inconsistent with a Federal law for the 

18 protection of civil rights, public health, or 

19 welfare. 

20 (m) RULE OF CONSTRUCTION.—Nothing in this Act 

21 shall be construed to affect the application of the Act of 

22 May 25, 1918 (25 U.S.C. 211) within the State of Ari23 zona. 

24 (n) DISCLAIMER.—Nothing in this section repeals, 

25 modifies, amends, changes, or otherwise affects the Sec-
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1 retary’s obligations to the Zuni Tribe pursuant to the Act 

2 entitled ‘‘An Act to convey certain lands to the Zuni In3 dian Tribe for religious purposes’’ approved August 28, 

4 1984 (Public Law 98–408; 98 Stat. 1533) (and as amend5 ed by the Zuni Land Conservation Act of 1990 (Public 

6 Law 101–486; 104 Stat. 1174)). 

7 SEC. 6. DEVELOPMENT FUND. 

8 (a) ESTABLISHMENT OF THE FUND.—

9 (1) IN GENERAL.—There is established in the 

10 Treasury of the United States a fund to be known 

11 as the ‘‘Zuni Indian Tribe Water Rights Develop12 ment Fund’’, to be managed and invested by the 

13 Secretary, consisting of—

14 (A) the amounts authorized to be appro15 priated in section 4(b); and 

16 (B) the appropriation to be contributed by 

17 the State of Arizona pursuant to paragraph 7.6 

18 of the Settlement Agreement. 

19 (2) ADDITIONAL DEPOSITS.—The Secretary 

20 shall deposit in the Fund any other monies paid to 

21 the Secretary on behalf of the Zuni Tribe pursuant 

22 to the Settlement Agreement. 

23 (b) MANAGEMENT OF THE FUND.—The Secretary 

24 shall manage the Fund, make investments from the Fund, 

25 and make monies available from the Fund for distribution 
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1 to the Zuni Tribe consistent with the American Indian 

2 Trust Fund Management Reform Act of 1994 (25 U.S.C. 

3 4001 et seq.) (referred to in this section as the ‘‘Trust 

4 Fund Reform Act’’), this Act, and the Settlement Agree5 ment. 

6 (c) INVESTMENT OF THE FUND.—The Secretary 

7 shall invest amounts in the Fund in accordance with—

8 (1) the Act of April 1, 1880 (21 Stat. 70, ch. 

9 41, 25 U.S.C. 161); 

10 (2) the first section of the Act of June 24, 

11 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 

12 (3) subsection (b). 

13 (d) AVAILABILITY OF AMOUNTS FROM THE FUND.—

14 The funds authorized to be appropriated pursuant to sec15 tion 3104(b)(2) and funds contributed by the State of Ari16 zona pursuant to paragraph 7.6 of the Settlement Agree17 ment shall be available for expenditure or withdrawal only 

18 after the requirements of section 9(a) have been met. 

19 (e) EXPENDITURES AND WITHDRAWAL.—

20 (1) TRIBAL MANAGEMENT PLAN.—

21 (A) IN GENERAL.—The Zuni Tribe may 

22 withdraw all or part of the Fund on approval 

23 by the Secretary of a tribal management plan 

24 as described in the Trust Fund Reform Act. 
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1 (B) REQUIREMENTS.—In addition to the 

2 requirements under the Trust Fund Reform 

3 Act, the tribal management plan shall require 

4 that the Zuni Tribe spend any funds in accord5 ance with the purposes described in section 

6 4(b). 

7 (2) ENFORCEMENT.—The Secretary may take 

8 judicial or administrative action to enforce the provi9 sions of any tribal management plan to ensure that 

10 any monies withdrawn from the Fund under the 

11 plan are used in accordance with this Act. 

12 (3) LIABILITY.—If the Zuni Tribe exercises the 

13 right to withdraw monies from the Fund, neither the 

14 Secretary nor the Secretary of the Treasury shall re15 tain any liability for the expenditure or investment 

16 of the monies withdrawn. 

17 (4) EXPENDITURE PLAN.—

18 (A) IN GENERAL.—The Zuni Tribe shall 

19 submit to the Secretary for approval an expend20 iture plan for any portion of the funds made 

21 available under this Act that the Zuni Tribe 

22 does not withdraw under this subsection. 

23 (B) DESCRIPTION.—The expenditure plan 

24 shall describe the manner in which, and the 
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1 purposes for which, funds of the Zuni Tribe re2 maining in the Fund will be used. 

3 (C) APPROVAL.—On receipt of an expendi4 ture plan under subparagraph (A), the Sec5 retary shall approve the plan if the Secretary 

6 determines that the plan is reasonable and con7 sistent with this Act. 

8 (5) ANNUAL REPORT.—The Zuni Tribe shall 

9 submit to the Secretary an annual report that de10 scribes all expenditures from the Fund during the 

11 year covered by the report. 

12 (f) FUNDS FOR ACQUISITION OF WATER RIGHTS.—

13 (1) WATER RIGHTS ACQUISITIONS.—Notwith14 standing subsection (e), the funds authorized to be 

15 appropriated pursuant to section 4(b)(1)—

16 (A) shall be available upon appropriation 

17 for use in accordance with section 4(b)(1); and 

18 (B) shall be distributed by the Secretary to 

19 the Zuni Tribe on receipt by the Secretary from 

20 the Zuni Tribe of a written notice and a tribal 

21 council resolution that describe the purposes for 

22 which the funds will be used. 

23 (2) RIGHT TO SET OFF.—In the event the re24 quirements of section 9(a) have not been met and 

25 the Settlement Agreement has become null and void 
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1 under section 9(b), the United States shall be enti2 tled to set off any funds expended or withdrawn 

3 from the amount appropriated pursuant to section 

4 4(b)(1), together with any interest accrued, against 

5 any claims asserted by the Zuni Tribe against the 

6 United States relating to water rights at the Zuni 

7 Heaven Reservation. 

8 (3) WATER RIGHTS.—Any water rights ac9 quired with funds described in paragraph (1) shall 

10 be credited against any water rights secured by the 

11 Zuni Tribe, or the United States on behalf of the 

12 Zuni Tribe, for the Zuni Heaven Reservation in the 

13 Little Colorado River General Stream Adjudication 

14 or in any future settlement of claims for those water 

15 rights. 

16 (g) NO PER CAPITA DISTRIBUTIONS.—No part of the 

17 Fund shall be distributed on a per capita basis to members 

18 of the Zuni Tribe. 

19 SEC. 7. CLAIMS EXTINGUISHMENT; WAIVERS AND RE20 LEASES. 

21 (a) FULL SATISFACTION OF MEMBERS’ CLAIMS.—

22 (1) IN GENERAL.—The benefits realized by the 

23 Tribe and its members under this Act, including re24 tention of any claims and rights, shall constitute full 
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1 and complete satisfaction of all members’ claims 

2 for—

3 (A) water rights under Federal, State, and 

4 other laws (including claims for water rights in 

5 groundwater, surface water, and effluent) for 

6 Zuni Lands from time immemorial through the 

7 effective date described in section 9(a) and any 

8 time thereafter; and 

9 (B) injuries to water rights under Federal, 

10 State, and other laws (including claims for 

11 water rights in groundwater, surface water, and 

12 effluent, claims for damages for deprivation of 

13 water rights, and claims for changes to under14 ground water table levels) for Zuni Lands from 

15 time immemorial through the effective date de16 scribed in section 9(a). 

17 (2) NO RECOGNITION OR ESTABLISHMENT OF

18 INDIVIDUAL WATER RIGHT.—Nothing in this Act 

19 recognizes or establishes any right of a member of 

20 the Tribe to water on the Reservation. 

21 (b) TRIBE AND UNITED STATES AUTHORIZATION

22 AND WATER QUANTITY WAIVERS.—The Tribe, on behalf 

23 of itself and its members and the Secretary on behalf of 

24 the United States in its capacity as trustee for the Zuni 

25 Tribe and its members, are authorized, as part of the per-
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1 formance of their obligations under the Settlement Agree2 ment, to execute a waiver and release, subject to para3 graph 11.4 of the Settlement Agreement, for claims 

4 against the State of Arizona, or any agency or political 

5 subdivision thereof, or any other person, entity, corpora6 tion, or municipal corporation, under Federal, State, or 

7 other law for any and all—

8 (1) past, present, and future claims to water 

9 rights (including water rights in groundwater, sur10 face water, and effluent) for Zuni Lands from time 

11 immemorial through the effective date described in 

12 section 9(a) and any time thereafter, except for 

13 claims within the Zuni Protection Area as provided 

14 in article 5 of the Settlement Agreement; 

15 (2) past and present claims for injuries to 

16 water rights (including water rights in groundwater, 

17 surface water, and effluent and including claims for 

18 damages for deprivation of water rights and any 

19 claims for changes to underground water table lev20 els) for Zuni Lands from time immemorial through 

21 the effective date described in section 9(a); and 

22 (3) past, present, and future claims for water 

23 rights and injuries to water rights (including water 

24 rights in groundwater, surface water, and effluent 

25 and including any claims for damages for depriva-
25

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1 tion of water rights and any claims for changes to 

2 underground water table levels) from time immemo3 rial through the effective date described in section 

4 9(a), and any time thereafter, for lands outside of 

5 Zuni Lands but located within the Little Colorado 

6 River basin in Arizona, based upon aboriginal occu7 pancy of lands by the Zuni Tribe or its predecessors. 

8 (c) TRIBAL WAIVERS AGAINST THE UNITED

9 STATES.—The Tribe is authorized, as part of the perform10 ance of its obligations under the Settlement Agreement, 

11 to execute a waiver and release, subject to paragraphs 

12 11.4 and 11.6 of the Settlement Agreement, for claims 

13 against the United States (acting in its capacity as trustee 

14 for the Zuni Tribe or its members, or otherwise acting 

15 on behalf of the Zuni Tribe or its members), including 

16 any agencies, officials, or employees thereof, for any and 

17 all—

18 (1) past, present, and future claims to water 

19 rights (including water rights in groundwater, sur20 face water, and effluent) for Zuni Lands, from time 

21 immemorial through the effective date described in 

22 section 9(a) and any time thereafter; 

23 (2) past and present claims for injuries to 

24 water rights (including water rights in groundwater, 

25 surface water, and effluent and any claims for dam-
26

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1 ages for deprivation of water rights) for Zuni Lands 

2 from time immemorial through the effective date de3 scribed in section 9(a); 

4 (3) past, present, and future claims for water 

5 rights and injuries to water rights (including water 

6 rights in groundwater, surface water, and effluent 

7 and any claims for damages for deprivation of water 

8 rights) from time immemorial through the effective 

9 date described in section 9(a), and any time there10 after, for lands outside of Zuni Lands but located

11 within the Little Colorado River basin in Arizona, 

12 based upon aboriginal occupancy of lands by the 

13 Zuni Tribe or its predecessors; 

14 (4) past and present claims for failure to pro15 tect, acquire, or develop water rights of, or failure 

16 to protect water quality for, the Zuni Tribe within 

17 the Little Colorado River basin in Arizona from time 

18 immemorial through the effective date described in 

19 section 9(a); and 

20 (5) claims for breach of the trust responsibility 

21 of the United States to the Zuni Tribe arising out 

22 of the negotiation of the Settlement Agreement or 

23 this Act. 

24 (d) TRIBAL WAIVER OF WATER QUALITY CLAIMS

25 AND INTERFERENCE WITH TRUST CLAIMS.—
27

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1 (1) CLAIMS AGAINST THE STATE AND OTH2 ERS.—

3 (A) INTERFERENCE WITH TRUST RESPON4 SIBILITY.—The Tribe, on behalf of itself and its 

5 members, is authorized, as part of the perform6 ance of its obligations under the Settlement 

7 Agreement, to waive and release all claims 

8 against the State of Arizona, or any agency or 

9 political subdivision thereof, or any other per10 son, entity, corporation, or municipal corpora11 tion under Federal, State, or other law, for 

12 claims of interference with the trust responsi13 bility of the United States to the Zuni Tribe 

14 arising out of the negotiation of the Settlement 

15 Agreement or this Act. 

16 (B) INJURY OR THREAT OF INJURY TO

17 WATER QUALITY.—The Tribe, on behalf of itself 

18 and its members, is authorized, as part of the 

19 performance of its obligations under the Settle20 ment Agreement, to waive and release, subject 

21 to paragraphs 11.4, 11.6, and 11.7 of the Set22 tlement Agreement, all claims against the State 

23 of Arizona, or any agency or political subdivi24 sion thereof, or any other person, entity, cor-
28

S 222 RS 

1 poration, or municipal corporation under Fed2 eral, State, or other law, for—

3 (i) any and all past and present 

4 claims, including natural resource damage 

5 claims under the Comprehensive Environ6 mental Response, Compensation, and Li7 ability Act of 1980 (42 U.S.C. 9601 et 

8 seq.), the Oil Pollution Act of 1990 (33 

9 U.S.C. 2701 et seq.), or any other applica10 ble statute, for injury to water quality ac11 cruing from time immemorial through the 

12 effective date described in section 9(a), for 

13 lands within the Little Colorado River 

14 basin in the State of Arizona; and 

15 (ii) any and all future claims, includ16 ing natural resource damage claims under 

17 the Comprehensive Environmental Re18 sponse, Compensation, and Liability Act of 

19 1980 (42 U.S.C. 9601 et seq.), the Oil 

20 Pollution Act of 1990 (33 U.S.C. 2701 et 

21 seq.), or any other applicable statute, for 

22 injury or threat of injury to water quality, 

23 accruing after the effective date described 

24 in section 9(a), for any lands within the 

25 Eastern LCR basin caused by—
29

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1 (I) the lawful diversion or use of 

2 surface water; 

3 (II) the lawful withdrawal or use 

4 of underground water, except within 

5 the Zuni Protection Area, as provided 

6 in article 5 of the Settlement Agree7 ment; 

8 (III) the Parties’ performance of 

9 any obligations under the Settlement 

10 Agreement; 

11 (IV) the discharge of oil associ12 ated with routine physical or mechan13 ical maintenance of wells or diversion 

14 structures not inconsistent with appli15 cable law; 

16 (V) the discharge of oil associ17 ated with routine start-up and oper18 ation of well pumps not inconsistent 

19 with applicable law; or 

20 (VI) any combination of the 

21 causes described in subclauses (I) 

22 through (V). 

23 (2) CLAIMS OF THE UNITED STATES.—The 

24 Tribe, on behalf of itself and its members, is author-
30

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1 ized to waive its right to request that the United 

2 States bring—

3 (A) any claims for injuries to water quality 

4 under the natural resource damage provisions 

5 of the Comprehensive Environmental Response, 

6 Compensation, and Liability Act of 1980 (42 

7 U.S.C. 9601 et seq.), the Oil Pollution Act of 

8 1990 (33 U.S.C. 2701 et seq.) or any other ap9 plicable statute, for lands within the Little Col10 orado River Basin in the State of Arizona, ac11 cruing from time immemorial through the effec12 tive date described in section 9(a); and 

13 (B) any future claims for injuries or threat 

14 of injury to water quality under the natural re15 source damage provisions of the Comprehensive 

16 Environmental Response, Compensation, and 

17 Liability Act of 1980 (42 U.S.C. 9601 et seq.), 

18 the Oil Pollution Act of 1990 (33 U.S.C. 2701 

19 et seq.), or any other applicable statute, accru20 ing after the effective date described in section 

21 9(a), for any lands within the Eastern LCR 

22 basin, caused by—

23 (i) the lawful diversion or use of sur24 face water; 
31

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1 (ii) the lawful withdrawal or use of 

2 underground water, except within the Zuni 

3 Protection Area, as provided in article 5 of 

4 the Settlement Agreement; 

5 (iii) the Parties’ performance of any 

6 obligations under the Settlement Agree7 ment; 

8 (iv) the discharge of oil associated 

9 with routine physical or mechanical main10 tenance of wells or diversion structures not 

11 inconsistent with applicable law;

12 (v) the discharge of oil associated with 

13 routine start-up and operation of well 

14 pumps not inconsistent with applicable law; 

15 or 

16 (vi) any combination of the causes de17 scribed in clauses (i) through (v). 

18 (3) LIMITATIONS.—Notwithstanding the au19 thorization for the Tribe’s waiver of future water 

20 quality claims in paragraph (1)(B)(ii) and the waiv21 er in paragraph (2)(B), the Tribe, on behalf of itself 

22 and its members, retains any statutory claims for in23 jury or threat of injury to water quality under the 

24 Comprehensive Environmental Response, Compensa25 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 
32

S 222 RS 

1 seq.) and the Oil Pollution Act of 1990 (33 U.S.C. 

2 2701 et seq.), as described in subparagraph 

3 11.4(D)(3) and (4) of the Settlement Agreement, 

4 that accrue at least 30 years after the effective date 

5 described in section 9(a). 

6 (e) WAIVER OF UNITED STATES WATER QUALITY

7 CLAIMS RELATED TO SETTLEMENT LAND AND WATER.—

8 (1) PAST AND PRESENT CLAIMS.—As part of 

9 the performance of its obligations under the Settle10 ment Agreement, the United States waives and re11 leases, subject to the retentions in paragraphs 11.4, 

12 11.6 and 11.7 of the Settlement Agreement, all 

13 claims against the State of Arizona, or any agency 

14 or political subdivision thereof, or any other person, 

15 entity, corporation, or municipal corporation for—

16 (A) all past and present common law 

17 claims accruing from time immemorial through 

18 the effective date described in section 9(a) aris19 ing from or relating to water quality in which 

20 the injury asserted is to the Tribe’s interest in 

21 water, trust land, and natural resources in the 

22 Little Colorado River basin in the State of Ari23 zona; and 

24 (B) all past and present natural resource 

25 damage claims accruing through the effective 
33

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1 date described in section 9(a) arising from or 

2 relating to water quality in which the claim is 

3 based on injury to natural resources or threat 

4 to natural resources in the Little Colorado 

5 River basin in Arizona, only for those cases in 

6 which the United States, through the Secretary 

7 or other designated Federal official, would act 

8 on behalf of the Tribe as a natural resource 

9 trustee pursuant to the National Contingency 

10 Plan, as set forth, as of the date of enactment 

11 of this Act, in section 300.600(b)(2) of title 40, 

12 Code of Federal Regulations. 

13 (2) FUTURE CLAIMS.—As part of the perform14 ance of its obligations under the Settlement Agree15 ment, the United States waives and releases, subject 

16 to the retentions in paragraphs 11.4, 11.6 and 11.7 

17 of the Settlement Agreement, the State of Arizona, 

18 or any agency or political subdivision thereof, or any 

19 other person, entity, corporation, or municipal cor20 poration for—

21 (A) all future common law claims arising 

22 from or relating to water quality in which the 

23 injury or threat of injury asserted is to the 

24 Tribe’s interest in water, trust land, and nat25 ural resources in the Eastern LCR basin in Ari-
34

S 222 RS 

1 zona accruing after the effective date described 

2 in section 9(a) caused by—

3 (i) the lawful diversion or use of sur4 face water; 

5 (ii) the lawful withdrawal or use of 

6 underground water, except within the Zuni 

7 Protection Area, as provided in article 5 of 

8 the Settlement Agreement; 

9 (iii) the Parties’ performance of any 

10 obligations under the Settlement Agree11 ment; 

12 (iv) the discharge of oil associated 

13 with routine physical or mechanical main14 tenance of wells or diversion structures not 

15 inconsistent with applicable law; 

16 (v) the discharge of oil associated with 

17 routine start-up and operation of well 

18 pumps not inconsistent with applicable law; 

19 or 

20 (vi) any combination of the causes de21 scribed in clauses (i) through (v); and 

22 (B) all future natural resource damage 

23 claims accruing after the effective date de24 scribed in section 9(a) arising from or relating 

25 to water quality in which the claim is based on 
35

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1 injury to natural resources or threat to natural 

2 resources in the Eastern LCR basin in Arizona, 

3 only for those cases in which the United States, 

4 through the Secretary or other designated Fed5 eral official, would act on behalf of the Tribe as 

6 a natural resource trustee pursuant to the Na7 tional Contingency Plan, as set forth, as of the 

8 date of enactment of this Act, in section 

9 300.600(b)(2) of title 40, Code of Federal Reg10 ulations, caused by—

11 (i) the lawful diversion or use of sur12 face water; 

13 (ii) the lawful withdrawal or use of 

14 underground water, except within the Zuni 

15 Protection Area as provided in article 5 of 

16 the Settlement Agreement; 

17 (iii) the Parties’ performance of their 

18 obligations under this Settlement Agree19 ment; 

20 (iv) the discharge of oil associated 

21 with routine physical or mechanical main22 tenance of wells or diversion structures not 

23 inconsistent with applicable law; 

24 (v) the discharge of oil associated with 

25 routine start-up and operation of well 
36

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1 pumps not inconsistent with applicable law; 

2 or 

3 (vi) any combination of the causes de4 scribed in clauses (i) through (v). 

5 (f) EFFECT.—Subject to subsections (b) and (e), 

6 nothing in this Act or the Settlement Agreement affects 

7 any right of the United States, or the State of Arizona, 

8 to take any actions, including enforcement actions, under

9 any laws (including regulations) relating to human health, 

10 safety and the environment. 

11 SEC. 8. MISCELLANEOUS PROVISIONS. 

12 (a) WAIVER OF SOVEREIGN IMMUNITY.—If any party 

13 to the Settlement Agreement or a Pumping Protection 

14 Agreement files a lawsuit only relating directly to the in15 terpretation or enforcement of this Act, the Settlement 

16 Agreement, an agreement described in paragraph (1), (2), 

17 or (3) of section 4(c), or a Pumping Protection Agree18 ment, naming the United States or the Tribe as a party, 

19 or if any other landowner or water user in the Little Colo20 rado River basin in Arizona files a lawsuit only relating 

21 directly to the interpretation or enforcement of Article 11, 

22 the rights of de minimis users in subparagraph 4.2.D or 

23 the rights of underground water users under Article 5 of 

24 the Settlement Agreement, naming the United States or 

25 the Tribe as a party—
37

S 222 RS 

1 (1) the United States, the Tribe, or both may 

2 be added as a party to any such litigation, and any 

3 claim by the United States or the Tribe to sovereign 

4 immunity from such suit is hereby waived, other 

5 than with respect to claims for monetary awards ex6 cept as specifically provided for in the Settlement 

7 Agreement; and 

8 (2) the Tribe may waive its sovereign immunity 

9 from suit in the Superior Court of Apache County, 

10 Arizona for the limited purposes of enforcing the 

11 terms of the Intergovernmental Agreement, and any 

12 intergovernmental agreement required to be entered 

13 into by the Tribe under the terms of the Intergov14 ernmental Agreement, other than with respect to 

15 claims for monetary awards except as specifically 

16 provided in the Intergovernmental Agreement. 

17 (b) TRIBAL USE OF WATER.—

18 (1) IN GENERAL.—With respect to water rights 

19 made available under the Settlement Agreement and 

20 used on the Zuni Heaven Reservation—

21 (A) such water rights shall be held in trust 

22 by the United States in perpetuity, and shall 

23 not be subject to forfeiture or abandonment; 

24 (B) State law shall not apply to water uses 

25 on the Reservation; 
38

S 222 RS 

1 (C) the State of Arizona may not regulate 

2 or tax such water rights or uses (except that 

3 the court with jurisdiction over the decree en4 tered pursuant to the Settlement Agreement or 

5 the Norviel Decree Court may assess adminis6 trative fees for delivery of this water); 

7 (D) subject to paragraph 7.7 of the Settle8 ment Agreement, the Zuni Tribe shall use 

9 water made available to the Zuni Tribe under 

10 the Settlement Agreement on the Zuni Heaven 

11 Reservation for any use it deems advisable; 

12 (E) water use by the Zuni Tribe or the 

13 United States on behalf of the Zuni Tribe for 

14 wildlife or instream flow use, or for irrigation to 

15 establish or maintain wetland on the Reserva16 tion, shall be considered to be consistent with 

17 the purposes of the Reservation; and 

18 (F)(i) not later than 3 years after the 

19 deadline described in section 9(b), the Zuni 

20 Tribe shall adopt a water code to be approved 

21 by the Secretary for regulation of water use on 

22 the lands identified in subsections (a) and (b) 

23 of section 5 that is reasonably equivalent to 

24 State water law (including statutes relating to 

25 dam safety and groundwater management); and 
39

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1 (ii) until such date as the Zuni Tribe 

2 adopts a water code described in clause (i), the 

3 Secretary, in consultation with the State of Ari4 zona, shall administer water use and water reg5 ulation on lands described in that clause in a 

6 manner that is reasonably equivalent to State 

7 law (including statutes relating to dam safety 

8 and groundwater management). 

9 (2) LIMITATION.—

10 (A) IN GENERAL.—Except as provided in 

11 subparagraph (B), the Zuni Tribe or the United 

12 States shall not sell, lease, transfer, or trans13 port water made available for use on the Zuni 

14 Heaven Reservation to any other place. 

15 (B) EXCEPTION.—Water made available to 

16 the Zuni Tribe or the United States for use on 

17 the Zuni Heaven Reservation may be severed 

18 and transferred from the Reservation to other 

19 Zuni Lands if the severance and transfer is ac20 complished in accordance with State law (and 

21 once transferred to any lands held in fee, such 

22 water shall be subject to State law). 

23 (c) RIGHTS-OF-WAY.—

24 (1) NEW AND FUTURE TRUST LAND.—The land 

25 taken into trust under subsections (a) and (b) of 
40

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1 section 5 shall be subject to existing easements and 

2 rights-of-way. 

3 (2) ADDITIONAL RIGHTS-OF-WAY.—

4 (A) IN GENERAL.—Notwithstanding any 

5 other provision of law, the Secretary, in con6 sultation with the Tribe, shall grant additional 

7 rights-of-way or expansions of existing rights8 of-way for roads, utilities, and other accom9 modations to adjoining landowners if—

10 (i) the proposed right-of-way is nec11 essary to the needs of the applicant; 

12 (ii) the proposed right-of-way will not 

13 cause significant and substantial harm to 

14 the Tribe’s wetland restoration project or 

15 religious practices; and 

16 (iii) the proposed right-of-way acquisi17 tion will comply with the procedures in 

18 part 169 of title 25, Code of Federal Regu19 lations, not inconsistent with this sub20 section and other generally applicable Fed21 eral laws unrelated to the acquisition of in22 terests across trust lands. 

23 (B) ALTERNATIVES.—If the criteria de24 scribed in clauses (i) through (iii) of subpara25 graph (A) are not met, the Secretary may pro-
41

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1 pose an alternative right-of-way, or other ac2 commodation that complies with the criteria. 

3 (d) CERTAIN CLAIMS PROHIBITED.—The United 

4 States shall make no claims for reimbursement of costs 

5 arising out of the implementation of this Act or the Settle6 ment Agreement against any Indian-owned land within the

7 Tribe’s Reservation, and no assessment shall be made in 

8 regard to such costs against such lands. 

9 (e) VESTED RIGHTS.—Except as described in para10 graph 5.3 of the Settlement Agreement (recognizing the 

11 Zuni Tribe’s use of 1,500 acre-feet per annum of ground12 water) this Act and the Settlement Agreement do not cre13 ate any vested right to groundwater under Federal or 

14 State law, or any priority to the use of groundwater that 

15 would be superior to any other right or use of groundwater 

16 under Federal or State law, whether through this Act, the 

17 Settlement Agreement, or by incorporation of any ab18 stract, agreement, or stipulation prepared under the Set19 tlement Agreement. Notwithstanding the preceding sen20 tence, the rights of parties to the agreements referred to 

21 in paragraph (1), (2), or (3) of section 4(c) and paragraph 

22 5.8 of the Settlement Agreement, as among themselves, 

23 shall be as stated in those agreements. 

24 (f) OTHER CLAIMS.—Nothing in the Settlement 

25 Agreement or this Act quantifies or otherwise affects the 
42

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1 water rights, claims, or entitlements to water of any In2 dian tribe, band, or community, other than the Zuni In3 dian Tribe. 

4 (g) NO MAJOR FEDERAL ACTION.—

5 (1) IN GENERAL.—Execution of the Settlement 

6 Agreement by the Secretary as provided for in sec7 tion 4(a) shall not constitute major Federal action 

8 under the National Environmental Policy Act (42 

9 U.S.C. 4321 et seq.). 

10 (2) SETTLEMENT AGREEMENT.—In imple11 menting the Settlement Agreement, the Secretary 

12 shall comply with all aspects of—

13 (A) the National Environmental Policy Act 

14 of 1969 (42 U.S.C. 4321 et seq.); 

15 (B) the Endangered Species Act of 1973 

16 (16 U.S.C. 1531 et seq.); and 

17 (C) all other applicable environmental laws 

18 (including regulations). 

19 SEC. 9. EFFECTIVE DATE FOR WAIVER AND RELEASE AU20 THORIZATIONS. 

21 (a) IN GENERAL.—The waiver and release authoriza22 tions contained in subsections (b) and (c) of section 7 shall 

23 become effective as of the date the Secretary causes to 

24 be published in the Federal Register a statement of all 

25 the following findings: 
43

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1 (1) This Act has been enacted in a form ap2 proved by the parties in paragraph 3.1.A of the Set3 tlement Agreement. 

4 (2) The funds authorized by section 4(b) have 

5 been appropriated and deposited into the Fund. 

6 (3) The State of Arizona has appropriated and 

7 deposited into the Fund the amount required by 

8 paragraph 7.6 of the Settlement Agreement. 

9 (4) The Zuni Indian Tribe has either purchased 

10 or acquired the right to purchase at least 2,350 

11 acre-feet per annum of surface water rights, or 

12 waived this condition as provided in paragraph 3.2 

13 of the Settlement Agreement. 

14 (5) Pursuant to subparagraph 3.1.D of the Set15 tlement Agreement, the severance and transfer of 

16 surface water rights that the Tribe owns or has the 

17 right to purchase have been conditionally approved, 

18 or the Tribe has waived this condition as provided 

19 in paragraph 3.2 of the Settlement Agreement. 

20 (6) Pursuant to subparagraph 3.1.E of the Set21 tlement Agreement, the Tribe and Lyman Water 

22 Company have executed an agreement relating to 

23 the process of the severance and transfer of surface 

24 water rights acquired by the Zuni Tribe or the 

25 United States, the pass-through, use, or storage of 
44

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1 the Tribe’s surface water rights in Lyman Lake, and 

2 the operation of Lyman Dam. 

3 (7) Pursuant to subparagraph 3.1.F of the Set4 tlement Agreement, all the parties to the Settlement 

5 Agreement have agreed and stipulated to certain Ar6 izona Game and Fish abstracts of water uses. 

7 (8) Pursuant to subparagraph 3.1.G of the Set8 tlement Agreement, all parties to the Settlement 

9 Agreement have agreed to the location of an obser10 vation well and that well has been installed. 

11 (9) Pursuant to subparagraph 3.1.H of the Set12 tlement Agreement, the Zuni Tribe, Apache County, 

13 Arizona and the State of Arizona have executed an 

14 Intergovernmental Agreement that satisfies all of 

15 the conditions in paragraph 6.2 of the Settlement 

16 Agreement. 

17 (10) The Zuni Tribe has acquired title to the 

18 section of land adjacent to the Zuni Heaven Res19 ervation described as Section 34, Township 14 

20 North, Range 26 East, Gila and Salt River Base 

21 and Meridian. 

22 (11) The Settlement Agreement has been modi23 fied if and to the extent it is in conflict with this Act 

24 and such modification has been agreed to by all the 

25 parties to the Settlement Agreement. 
45

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1 (12) A court of competent jurisdiction has ap2 proved the Settlement Agreement by a final judg3 ment and decree. 

4 (b) DEADLINE FOR EFFECTIVE DATE.—If the publi5 cation in the Federal Register required under subsection 

6 (a) has not occurred by December 31, 2006, sections 4 

7 and 5, and any agreements entered into pursuant to sec8 tions 4 and 5 (including the Settlement Agreement and 

9 the Intergovernmental Agreement) shall not thereafter be 

10 effective and shall be null and void. Any funds and the 

11 interest accrued thereon appropriated pursuant to section 

12 4(b)(2) shall revert to the Treasury, and any funds and 

13 the interest accrued thereon appropriated pursuant to 

14 paragraph 7.6 of the Settlement Agreement shall revert 

15 to the State of Arizona. 
Calendar No. 31

108TH CONGRESS 

1ST SESSION S. 222

[Report No. 108–18] 

A BILL

To approve the settlement of the water rights 

claims of the Zuni Indian Tribe in Apache County, Arizona, and for other purposes. 

MARCH 10, 2003

Reported without amendment