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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 222 Enrolled Bill (ENR)]

        S.222

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three

                                 An Act

 
To approve the settlement of the water rights claims of the Zuni Indian 
        Tribe in Apache County, Arizona, 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. SHORT TITLE.

    This Act may be cited as the ``Zuni Indian Tribe Water Rights 
Settlement Act of 2003''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
        (1) It is the policy of the United States, in keeping with its 
    trust responsibility to Indian tribes, to promote Indian self-
    determination, religious freedom, political and cultural integrity, 
    and economic self-sufficiency, and to settle, wherever possible, 
    the water rights claims of Indian tribes without lengthy and costly 
    litigation.
        (2) Quantification of rights to water and development of 
    facilities needed to use tribal water supplies effectively is 
    essential to the development of viable Indian reservation 
    communities, particularly in arid western States.
        (3) On August 28, 1984, and by actions subsequent thereto, the 
    United States established a reservation for the Zuni Indian Tribe 
    in Apache County, Arizona upstream from the confluence of the 
    Little Colorado and Zuni Rivers for long-standing religious and 
    sustenance activities.
        (4) The water rights of all water users in the Little Colorado 
    River basin in Arizona have been in litigation since 1979, in the 
    Superior Court of the State of Arizona in and for the County of 
    Apache in Civil No. 6417, In re The General Adjudication of All 
    Rights to Use Water in the Little Colorado River System and Source.
        (5) Recognizing that the final resolution of the Zuni Indian 
    Tribe's water claims through litigation will take many years and 
    entail great expense to all parties, continue to limit the Tribe's 
    access to water with economic, social, and cultural consequences to 
    the Tribe, prolong uncertainty as to the availability of water 
    supplies, and seriously impair the long-term economic planning and 
    development of all parties, the Tribe and neighboring non-Indians 
    have sought to settle their disputes to water and reduce the 
    burdens of litigation.
        (6) After more than 4 years of negotiations, which included 
    participation by representatives of the United States, the Zuni 
    Indian Tribe, the State of Arizona, and neighboring non-Indian 
    communities in the Little Colorado River basin, the parties have 
    entered into a Settlement Agreement to resolve all of the Zuni 
    Indian Tribe's water rights claims and to assist the Tribe in 
    acquiring surface water rights, to provide for the Tribe's use of 
    groundwater, and to provide for the wetland restoration of the 
    Tribe's lands in Arizona.
        (7) To facilitate the wetland restoration project contemplated 
    under the Settlement Agreement, the Zuni Indian Tribe acquired 
    certain lands along the Little Colorado River near or adjacent to 
    its Reservation that are important for the success of the project 
    and will likely acquire a small amount of similarly situated 
    additional lands. The parties have agreed not to object to the 
    United States taking title to certain of these lands into trust 
    status; other lands shall remain in tribal fee status. The parties 
    have worked extensively to resolve various governmental concerns 
    regarding use of and control over those lands, and to provide a 
    successful model for these types of situations, the State, local, 
    and tribal governments intend to enter into an Intergovernmental 
    Agreement that addresses the parties' governmental concerns.
        (8) Pursuant to the Settlement Agreement, the neighboring non-
    Indian entities will assist in the Tribe's acquisition of surface 
    water rights and development of groundwater, store surface water 
    supplies for the Zuni Indian Tribe, and make substantial additional 
    contributions to carry out the Settlement Agreement's provisions.
        (9) To advance the goals of Federal Indian policy and 
    consistent with the trust responsibility of the United States to 
    the Tribe, it is appropriate that the United States participate in 
    the implementation of the Settlement Agreement and contribute funds 
    for the rehabilitation of religious riparian areas and other 
    purposes to enable the Tribe to use its water entitlement in 
    developing its Reservation.
    (b) Purposes.--The purposes of this Act are--
        (1) to approve, ratify, and confirm the Settlement Agreement 
    entered into by the Tribe and neighboring non-Indians;
        (2) to authorize and direct the Secretary of the Interior to 
    execute and perform the Settlement Agreement and related waivers;
        (3) to authorize and direct the United States to take legal 
    title and hold such title to certain lands in trust for the benefit 
    of the Zuni Indian Tribe; and
        (4) to authorize the actions, agreements, and appropriations as 
    provided for in the Settlement Agreement and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
        (1) Eastern lcr basin.--The term ``Eastern LCR basin'' means 
    the portion of the Little Colorado River basin in Arizona upstream 
    of the confluence of Silver Creek and the Little Colorado River, as 
    identified on Exhibit 2.10 of the Settlement Agreement.
        (2) Fund.--The term ``Fund'' means the Zuni Indian Tribe Water 
    Rights Development Fund established by section 6(a).
        (3) Intergovernmental agreement.--The term ``Intergovernmental 
    Agreement'' means the intergovernmental agreement between the Zuni 
    Indian Tribe, Apache County, Arizona and the State of Arizona 
    described in article 6 of the Settlement Agreement.
        (4) Pumping protection agreement.--The term ``Pumping 
    Protection Agreement'' means an agreement, described in article 5 
    of the Settlement Agreement, between the Zuni Tribe, the United 
    States on behalf of the Tribe, and a local landowner under which 
    the landowner agrees to limit pumping of groundwater on his lands 
    in exchange for a waiver of certain claims by the Zuni Tribe and 
    the United States on behalf of the Tribe.
        (5) Reservation; zuni heaven reservation.--The term 
    ``Reservation'' or ``Zuni Heaven Reservation'', also referred to as 
    ``Kolhu:wala:wa'', means the following property in Apache County, 
    Arizona: Sections 26, 27, 28, 33, 34, and 35, Township 15 North, 
    Range 26 East, Gila and Salt River Base and Meridian; and Sections 
    2, 3, 4, 9, 10, 11, 13, 14, 15, 16, 23, 26, and 27, Township 14 
    North, Range 26 East, Gila and Salt River Base and Meridian.
        (6) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (7) Settlement agreement.--The term ``Settlement Agreement'' 
    means that agreement dated June 7, 2002, together with all exhibits 
    thereto. The parties to the Settlement Agreement include the Zuni 
    Indian Tribe and its members, the United States on behalf of the 
    Tribe and its members, the State of Arizona, the Arizona Game and 
    Fish Commission, the Arizona State Land Department, the Arizona 
    State Parks Board, the St. Johns Irrigation and Ditch Co., the 
    Lyman Water Co., the Round Valley Water Users' Association, the 
    Salt River Project Agricultural Improvement and Power District, the 
    Tucson Electric Power Company, the City of St. Johns, the Town of 
    Eagar, and the Town of Springerville.
        (8) SRP.--The term ``SRP'' means the Salt River Project 
    Agricultural Improvement and Power District, a political 
    subdivision of the State of Arizona.
        (9) TEP.--The term ``TEP'' means Tucson Electric Power Company.
        (10) Tribe, zuni tribe, or zuni indian tribe.--The terms 
    ``Tribe'', ``Zuni Tribe'', or ``Zuni Indian Tribe'' means the body 
    politic and federally recognized Indian nation, and its members.
        (11) Zuni lands.--The term ``Zuni Lands'' means all the 
    following lands, in the State of Arizona, that, on the effective 
    date described in section 9(a), are--
            (A) within the Zuni Heaven Reservation;
            (B) held in trust by the United States for the benefit of 
        the Tribe or its members; or
            (C) held in fee within the Little Colorado River basin by 
        or for the Tribe.

SEC. 4. AUTHORIZATION, RATIFICATIONS, AND CONFIRMATIONS.

    (a) Settlement Agreement.--To the extent the Settlement Agreement 
does not conflict with the provisions of this Act, such Settlement 
Agreement is hereby approved, ratified, confirmed, and declared to be 
valid. The Secretary is authorized and directed to execute the 
Settlement Agreement and any amendments approved by the parties 
necessary to make the Settlement Agreement consistent with this Act. 
The Secretary is further authorized to perform any actions required by 
the Settlement Agreement and any amendments to the Settlement Agreement 
that may be mutually agreed upon by the parties to the Settlement 
Agreement.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Zuni Indian Tribe Water Rights Development Fund 
established in section 6(a), $19,250,000, to be allocated by the 
Secretary as follows:
        (1) $3,500,000 for fiscal year 2004, to be used for the 
    acquisition of water rights and associated lands, and other 
    activities carried out, by the Zuni Tribe to facilitate the 
    enforceability of the Settlement Agreement, including the 
    acquisition of at least 2,350 acre-feet per year of water rights 
    before the deadline described in section 9(b).
        (2) $15,750,000, of which $5,250,000 shall be made available 
    for each of fiscal years 2004, 2005, and 2006, to take actions 
    necessary to restore, rehabilitate, and maintain the Zuni Heaven 
    Reservation, including the Sacred Lake, wetlands, and riparian 
    areas as provided for in the Settlement Agreement and under this 
    Act.
    (c) Other Agreements.--Except as provided in section 9, the 
following 3 separate agreements, together with all amendments thereto, 
are approved, ratified, confirmed, and declared to be valid:
        (1) The agreement between SRP, the Zuni Tribe, and the United 
    States on behalf of the Tribe, dated June 7, 2002.
        (2) The agreement between TEP, the Zuni Tribe, and the United 
    States on behalf of the Tribe, dated June 7, 2002.
        (3) The agreement between the Arizona State Land Department, 
    the Zuni Tribe, and the United States on behalf of the Tribe, dated 
    June 7, 2002.

SEC. 5. TRUST LANDS.

    (a) New Trust Lands.--Upon satisfaction of the conditions in 
paragraph 6.2 of the Settlement Agreement, and after the requirements 
of section 9(a) have been met, the Secretary shall take the legal title 
of the following lands into trust for the benefit of the Zuni Tribe:
        (1) In T. 14 N., R. 27 E., Gila and Salt River Base and 
    Meridian:
            (A) Section 13: SW 1/4, S 1/2 NE 1/4 SE 1/4, W 
        1/2 SE 1/4, SE 1/4 SE 1/4;
            (B) Section 23: N 1/2, N 1/2 SW 1/4, N 1/2 SE 
        1/4, SE 1/4 SE 1/4, N 1/2 SW 1/4 SE 1/4, SE 1/4 SW 
        1/4 SE 1/4;
            (C) Section 24: NW 1/4, SW 1/4, S 1/2 NE 1/4, N 1/2 SE 1/4; 
        and
            (D) Section 25: N 1/2 NE 1/4, SE 1/4 NE 1/4, NE 1/4 SE 1/4.
        (2) In T. 14 N., R. 28 E., Gila and Salt River Base and 
    Meridian:
            (A) Section 19: W 1/2 E 1/2 NW 1/4, W 1/2 NW 
        1/4, W 1/2 NE 1/4 SW 1/4, NW 1/4 SW 1/4, S 1/2 SW 1/4;
            (B) Section 29: SW 1/4 SW 1/4 NW 1/4, NW 1/4 NW 1/4 SW 1/4, 
        S 1/2 N 1/2 SW 1/4, S 1/2 SW 1/4, S 
        1/2 NW 1/4 SE 1/4, SW 1/4 SE 1/4;
            (C) Section 30: W 1/2, SE 1/4; and
            (D) Section 31: N 1/2 NE 1/4, N 1/2 S 1/2 NE 
        1/4, S 1/2 SE 1/4 NE 1/4, NW 1/4, E 1/2 SW 1/4, N 
        1/2 NW 1/4 SW 1/4, SE 1/4 NW 1/4 SW 1/4, E 1/2 SW 1/4 SW 1/4, 
        SW 1/4 SW 1/4 SW 1/4.
    (b) Future Trust Lands.--Upon satisfaction of the conditions in 
paragraph 6.2 of the Settlement Agreement, after the requirements of 
section 9(a) have been met, and upon acquisition by the Zuni Tribe, the 
Secretary shall take the legal title of the following lands into trust 
for the benefit of the Zuni Tribe:
        (1) In T. 14 N., R. 26E., Gila and Salt River Base and 
    Meridian: Section 25: N 1/2 NE 1/4, N 1/2 S 1/2 NE 1/4, NW 1/4, N 
    1/2 NE 1/4 SW 1/4, NE 1/4 NW 1/4 SW 1/4.
        (2) In T. 14 N., R. 27 E., Gila and Salt River Base and 
    Meridian:
            (A) Section 14: SE 1/4 SW 1/4, SE 1/4;
            (B) Section 16: S 1/2 SW 1/4 SE 1/4;
            (C) Section 19: S 1/2 SE 1/4 SE 1/4;
            (D) Section 20: S 1/2 SW 1/4 SW 1/4, E 1/2 SE 
        1/4 SE 1/4;
            (E) Section 21: N 1/2 NE 1/4, E 1/2 NE 1/4 NW 
        1/4, SE 1/4 NW 1/4, W 1/2 SW 1/4 NE 1/4, N 1/2 NE 1/4 SW 1/4, 
        SW 1/4 NE 1/4 SW 1/4, E 1/2 NW 1/4 SW 1/4, SW 1/4 NW 1/4 SW 1/
        4, W 1/2 SW 1/4 SW 1/4;
            (F) Section 22: SW 1/4 NE 1/4 NE 1/4, NW 1/4 NE 1/4, S 1/2 
        NE 1/4, N 1/2 NW 1/4, SE 1/4 NW 1/4, N 
        1/2 SW 1/4 NW 1/4, SE 1/4 SW 1/4 NW 1/4, N 1/2 N 1/2 SE 1/4, N 
        1/2 NE 1/4 SW 1/4;
            (G) Section 24: N 1/2 NE 1/4, S 1/2 SE 1/4;
            (H) Section 29: N 1/2 N 1/2;
            (I) Section 30: N 1/2 N 1/2, N 1/2 S 1/2 NW 1/4, N 1/2 SW 
        1/4 NE 1/4; and
            (J) Section 36: SE 1/4 SE 1/4 NE 1/4, NE 1/4 NE 1/4 SE 1/4.
        (3) In T. 14 N., R. 28 E., Gila and Salt River Base and 
    Meridian:
            (A) Section 18: S 1/2 NE 1/4, NE 1/4 SW 1/4, NE 1/4 NW 1/4 
        SW 1/4, S 1/2 NW 1/4 SW 1/4, S 1/2 SW 1/4, N 1/2 SE 1/4, N 1/2 
        SW 1/4 SE 1/4, SE 1/4 SE 
        1/4;
            (B) Section 30: S 1/2 NE 1/4, W 1/2 NW 1/4 NE 
        1/4; and
            (C) Section 32: N 1/2 NW 1/4 NE 1/4, SW 1/4 NE 1/4, S 1/2 
        SE 1/4 NE 1/4, NW 1/4, SW 1/4, N 1/2 SE 1/4, SW 1/4 SE 1/4, N 
        1/2 SE 1/4 SE 1/4, SW 1/4 SE 1/4 SE 1/4.
    (c) New Reservation Lands.--Upon satisfaction of the conditions in 
paragraph 6.2 of the Settlement Agreement, after the requirements of 
section 9(a) have been met, and upon acquisition by the Zuni Tribe, the 
Secretary shall take the legal title of the following lands in Arizona 
into trust for the benefit of the Zuni Tribe and make such lands part 
of the Zuni Indian Tribe Reservation in Arizona: Section 34, T. 14 N., 
R. 26 E., Gila and Salt River Base and Meridian.
    (d) Limitation on Secretarial Discretion.--The Secretary shall have 
no discretion regarding the acquisitions described in subsections (a), 
(b), and (c).
    (e) Lands Remaining in Fee Status.--The Zuni Tribe may seek to have 
the legal title to additional lands in Arizona, other than the lands 
described in subsection (a), (b), or (c), taken into trust by the 
United States for the benefit of the Zuni Indian Tribe pursuant only to 
an Act of Congress enacted after the date of enactment of this Act 
specifically authorizing the transfer for the benefit of the Zuni 
Tribe.
    (f) Final Agency Action.--Any written certification by the 
Secretary under subparagraph 6.2.B of the Settlement Agreement 
constitutes final agency action under the Administrative Procedure Act 
and is reviewable as provided for under chapter 7 of title 5, United 
States Code.
    (g) No Federal Water Rights.--Lands taken into trust pursuant to 
subsection (a), (b), or (c) shall not have Federal reserved rights to 
surface water or groundwater.
    (h) State Water Rights.--The water rights and uses for the lands 
taken into trust pursuant to subsection (a) or (c) must be determined 
under subparagraph 4.1.A and article 5 of the Settlement Agreement. 
With respect to the lands taken into trust pursuant to subsection (b), 
the Zuni Tribe retains any rights or claims to water associated with 
these lands under State law, subject to the terms of the Settlement 
Agreement.
    (i) Forfeiture and Abandonment.--Water rights that are appurtenant 
to lands taken into trust pursuant to subsection (a), (b), or (c) shall 
not be subject to forfeiture and abandonment.
    (j) Ad Valorem Taxes.--With respect to lands that are taken into 
trust pursuant to subsection (a) or (b), the Zuni Tribe shall make 
payments in lieu of all current and future State, county, and local ad 
valorem property taxes that would otherwise be applicable to those 
lands if they were not in trust.
    (k) Authority of Tribe.--For purposes of complying with this 
section and article 6 of the Settlement Agreement, the Tribe is 
authorized to enter into--
        (1) the Intergovernmental Agreement between the Zuni Tribe, 
    Apache County, Arizona, and the State of Arizona; and
        (2) any intergovernmental agreement required to be entered into 
    by the Tribe under the terms of the Intergovernmental Agreement.
    (l) Federal Acknowledgement of Intergovernmental Agreements.--
        (1) In general.--The Secretary shall acknowledge the terms of 
    any intergovernmental agreement entered into by the Tribe under 
    this section.
        (2) No abrogation.--The Secretary shall not seek to abrogate, 
    in any administrative or judicial action, the terms of any 
    intergovernmental agreement that are consistent with subparagraph 
    6.2.A of the Settlement Agreement and this Act.
        (3) Removal.--
            (A) In general.--Except as provided in subparagraph (B), if 
        a judicial action is commenced during a dispute over any 
        intergovernmental agreement entered into under this section, 
        and the United States is allowed to intervene in such action, 
        the United States shall not remove such action to the Federal 
        courts.
            (B) Exception.--The United States may seek removal if--
                (i) the action concerns the Secretary's decision 
            regarding the issuance of rights-of-way under section 8(c);
                (ii) the action concerns the authority of a Federal 
            agency to administer programs or the issuance of a permit 
            under--

                    (I) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (II) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (III) the Clean Air Act (42 U.S.C. 7401 et seq.); 
                or
                    (IV) any other Federal law specifically addressed 
                in intergovernmental agreements; or

                (iii) the intergovernmental agreement is inconsistent 
            with a Federal law for the protection of civil rights, 
            public health, or welfare.
    (m) Rule of Construction.--Nothing in this Act shall be construed 
to affect the application of the Act of May 25, 1918 (25 U.S.C. 211) 
within the State of Arizona.
    (n) Disclaimer.--Nothing in this section repeals, modifies, amends, 
changes, or otherwise affects the Secretary's obligations to the Zuni 
Tribe pursuant to the Act entitled ``An Act to convey certain lands to 
the Zuni Indian Tribe for religious purposes'' approved August 28, 1984 
(Public Law 98-408; 98 Stat. 1533) (and as amended by the Zuni Land 
Conservation Act of 1990 (Public Law 101-486; 104 Stat. 1174)).

SEC. 6. DEVELOPMENT FUND.

    (a) Establishment of the Fund.--
        (1) In general.--There is established in the Treasury of the 
    United States a fund to be known as the ``Zuni Indian Tribe Water 
    Rights Development Fund'', to be managed and invested by the 
    Secretary, consisting of--
            (A) the amounts authorized to be appropriated in section 
        4(b); and
            (B) the appropriation to be contributed by the State of 
        Arizona pursuant to paragraph 7.6 of the Settlement Agreement.
        (2) Additional deposits.--The Secretary shall deposit in the 
    Fund any other monies paid to the Secretary on behalf of the Zuni 
    Tribe pursuant to the Settlement Agreement.
    (b) Management of the Fund.--The Secretary shall manage the Fund, 
make investments from the Fund, and make monies available from the Fund 
for distribution to the Zuni Tribe consistent with the American Indian 
Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) 
(referred to in this section as the ``Trust Fund Reform Act''), this 
Act, and the Settlement Agreement.
    (c) Investment of the Fund.--The Secretary shall invest amounts in 
the Fund in accordance with--
        (1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 U.S.C. 
    161);
        (2) the first section of the Act of June 24, 1938 (52 Stat. 
    1037, ch. 648, 25 U.S.C. 162a); and
        (3) subsection (b).
    (d) Availability of Amounts From the Fund.--The funds authorized to 
be appropriated pursuant to section 3104(b)(2) and funds contributed by 
the State of Arizona pursuant to paragraph 7.6 of the Settlement 
Agreement shall be available for expenditure or withdrawal only after 
the requirements of section 9(a) have been met.
    (e) Expenditures and Withdrawal.--
        (1) Tribal management plan.--
            (A) In general.--The Zuni Tribe may withdraw all or part of 
        the Fund on approval by the Secretary of a tribal management 
        plan as described in the Trust Fund Reform Act.
            (B) Requirements.--In addition to the requirements under 
        the Trust Fund Reform Act, the tribal management plan shall 
        require that the Zuni Tribe spend any funds in accordance with 
        the purposes described in section 4(b).
        (2) Enforcement.--The Secretary may take judicial or 
    administrative action to enforce the provisions of any tribal 
    management plan to ensure that any monies withdrawn from the Fund 
    under the plan are used in accordance with this Act.
        (3) Liability.--If the Zuni Tribe exercises the right to 
    withdraw monies from the Fund, neither the Secretary nor the 
    Secretary of the Treasury shall retain any liability for the 
    expenditure or investment of the monies withdrawn.
        (4) Expenditure plan.--
            (A) In general.--The Zuni Tribe shall submit to the 
        Secretary for approval an expenditure plan for any portion of 
        the funds made available under this Act that the Zuni Tribe 
        does not withdraw under this subsection.
            (B) Description.--The expenditure plan shall describe the 
        manner in which, and the purposes for which, funds of the Zuni 
        Tribe remaining in the Fund will be used.
            (C) Approval.--On receipt of an expenditure plan under 
        subparagraph (A), the Secretary shall approve the plan if the 
        Secretary determines that the plan is reasonable and consistent 
        with this Act.
        (5) Annual report.--The Zuni Tribe shall submit to the 
    Secretary an annual report that describes all expenditures from the 
    Fund during the year covered by the report.
    (f) Funds for Acquisition of Water Rights.--
        (1) Water rights acquisitions.--Notwithstanding subsection (e), 
    the funds authorized to be appropriated pursuant to section 
    4(b)(1)--
            (A) shall be available upon appropriation for use in 
        accordance with section 4(b)(1); and
            (B) shall be distributed by the Secretary to the Zuni Tribe 
        on receipt by the Secretary from the Zuni Tribe of a written 
        notice and a tribal council resolution that describe the 
        purposes for which the funds will be used.
        (2) Right to set off.--In the event the requirements of section 
    9(a) have not been met and the Settlement Agreement has become null 
    and void under section 9(b), the United States shall be entitled to 
    set off any funds expended or withdrawn from the amount 
    appropriated pursuant to section 4(b)(1), together with any 
    interest accrued, against any claims asserted by the Zuni Tribe 
    against the United States relating to water rights at the Zuni 
    Heaven Reservation.
        (3) Water rights.--Any water rights acquired with funds 
    described in paragraph (1) shall be credited against any water 
    rights secured by the Zuni Tribe, or the United States on behalf of 
    the Zuni Tribe, for the Zuni Heaven Reservation in the Little 
    Colorado River General Stream Adjudication or in any future 
    settlement of claims for those water rights.
    (g) No Per Capita Distributions.--No part of the Fund shall be 
distributed on a per capita basis to members of the Zuni Tribe.

SEC. 7. CLAIMS EXTINGUISHMENT; WAIVERS AND RELEASES.

    (a) Full Satisfaction of Members' Claims.--
        (1) In general.--The benefits realized by the Tribe and its 
    members under this Act, including retention of any claims and 
    rights, shall constitute full and complete satisfaction of all 
    members' claims for--
            (A) water rights under Federal, State, and other laws 
        (including claims for water rights in groundwater, surface 
        water, and effluent) for Zuni Lands from time immemorial 
        through the effective date described in section 9(a) and any 
        time thereafter; and
            (B) injuries to water rights under Federal, State, and 
        other laws (including claims for water rights in groundwater, 
        surface water, and effluent, claims for damages for deprivation 
        of water rights, and claims for changes to underground water 
        table levels) for Zuni Lands from time immemorial through the 
        effective date described in section 9(a).
        (2) No recognition or establishment of individual water 
    right.--Nothing in this Act recognizes or establishes any right of 
    a member of the Tribe to water on the Reservation.
    (b) Tribe and United States Authorization and Water Quantity 
Waivers.--The Tribe, on behalf of itself and its members and the 
Secretary on behalf of the United States in its capacity as trustee for 
the Zuni Tribe and its members, are authorized, as part of the 
performance of their obligations under the Settlement Agreement, to 
execute a waiver and release, subject to paragraph 11.4 of the 
Settlement Agreement, for claims against the State of Arizona, or any 
agency or political subdivision thereof, or any other person, entity, 
corporation, or municipal corporation, under Federal, State, or other 
law for any and all--
        (1) past, present, and future claims to water rights (including 
    water rights in groundwater, surface water, and effluent) for Zuni 
    Lands from time immemorial through the effective date described in 
    section 9(a) and any time thereafter, except for claims within the 
    Zuni Protection Area as provided in article 5 of the Settlement 
    Agreement;
        (2) past and present claims for injuries to water rights 
    (including water rights in groundwater, surface water, and effluent 
    and including claims for damages for deprivation of water rights 
    and any claims for changes to underground water table levels) for 
    Zuni Lands from time immemorial through the effective date 
    described in section 9(a); and
        (3) past, present, and future claims for water rights and 
    injuries to water rights (including water rights in groundwater, 
    surface water, and effluent and including any claims for damages 
    for deprivation of water rights and any claims for changes to 
    underground water table levels) from time immemorial through the 
    effective date described in section 9(a), and any time thereafter, 
    for lands outside of Zuni Lands but located within the Little 
    Colorado River basin in Arizona, based upon aboriginal occupancy of 
    lands by the Zuni Tribe or its predecessors.
    (c) Tribal Waivers Against the United States.--The Tribe is 
authorized, as part of the performance of its obligations under the 
Settlement Agreement, to execute a waiver and release, subject to 
paragraphs 11.4 and 11.6 of the Settlement Agreement, for claims 
against the United States (acting in its capacity as trustee for the 
Zuni Tribe or its members, or otherwise acting on behalf of the Zuni 
Tribe or its members), including any agencies, officials, or employees 
thereof, for any and all--
        (1) past, present, and future claims to water rights (including 
    water rights in groundwater, surface water, and effluent) for Zuni 
    Lands, from time immemorial through the effective date described in 
    section 9(a) and any time thereafter;
        (2) past and present claims for injuries to water rights 
    (including water rights in groundwater, surface water, and effluent 
    and any claims for damages for deprivation of water rights) for 
    Zuni Lands from time immemorial through the effective date 
    described in section 9(a);
        (3) past, present, and future claims for water rights and 
    injuries to water rights (including water rights in groundwater, 
    surface water, and effluent and any claims for damages for 
    deprivation of water rights) from time immemorial through the 
    effective date described in section 9(a), and any time thereafter, 
    for lands outside of Zuni Lands but located within the Little 
    Colorado River basin in Arizona, based upon aboriginal occupancy of 
    lands by the Zuni Tribe or its predecessors;
        (4) past and present claims for failure to protect, acquire, or 
    develop water rights of, or failure to protect water quality for, 
    the Zuni Tribe within the Little Colorado River basin in Arizona 
    from time immemorial through the effective date described in 
    section 9(a); and
        (5) claims for breach of the trust responsibility of the United 
    States to the Zuni Tribe arising out of the negotiation of the 
    Settlement Agreement or this Act.
    (d) Tribal Waiver of Water Quality Claims and Interference With 
Trust Claims.--
        (1) Claims against the state and others.--
            (A) Interference with trust responsibility.--The Tribe, on 
        behalf of itself and its members, is authorized, as part of the 
        performance of its obligations under the Settlement Agreement, 
        to waive and release all claims against the State of Arizona, 
        or any agency or political subdivision thereof, or any other 
        person, entity, corporation, or municipal corporation under 
        Federal, State, or other law, for claims of interference with 
        the trust responsibility of the United States to the Zuni Tribe 
        arising out of the negotiation of the Settlement Agreement or 
        this Act.
            (B) Injury or threat of injury to water quality.--The 
        Tribe, on behalf of itself and its members, is authorized, as 
        part of the performance of its obligations under the Settlement 
        Agreement, to waive and release, subject to paragraphs 11.4, 
        11.6, and 11.7 of the Settlement Agreement, all claims against 
        the State of Arizona, or any agency or political subdivision 
        thereof, or any other person, entity, corporation, or municipal 
        corporation under Federal, State, or other law, for--
                (i) any and all past and present claims, including 
            natural resource damage claims under the Comprehensive 
            Environmental Response, Compensation, and Liability Act of 
            1980 (42 U.S.C. 9601 et seq.), the Oil Pollution Act of 
            1990 (33 U.S.C. 2701 et seq.), or any other applicable 
            statute, for injury to water quality accruing from time 
            immemorial through the effective date described in section 
            9(a), for lands within the Little Colorado River basin in 
            the State of Arizona; and
                (ii) any and all future claims, including natural 
            resource damage claims under the Comprehensive 
            Environmental Response, Compensation, and Liability Act of 
            1980 (42 U.S.C. 9601 et seq.), the Oil Pollution Act of 
            1990 (33 U.S.C. 2701 et seq.), or any other applicable 
            statute, for injury or threat of injury to water quality, 
            accruing after the effective date described in section 
            9(a), for any lands within the Eastern LCR basin caused 
            by--

                    (I) the lawful diversion or use of surface water;
                    (II) the lawful withdrawal or use of underground 
                water, except within the Zuni Protection Area, as 
                provided in article 5 of the Settlement Agreement;
                    (III) the Parties' performance of any obligations 
                under the Settlement Agreement;
                    (IV) the discharge of oil associated with routine 
                physical or mechanical maintenance of wells or 
                diversion structures not inconsistent with applicable 
                law;
                    (V) the discharge of oil associated with routine 
                start-up and operation of well pumps not inconsistent 
                with applicable law; or
                    (VI) any combination of the causes described in 
                subclauses (I) through (V).

        (2) Claims of the united states.--The Tribe, on behalf of 
    itself and its members, is authorized to waive its right to request 
    that the United States bring--
            (A) any claims for injuries to water quality under the 
        natural resource damage provisions of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.), the Oil Pollution Act of 1990 (33 
        U.S.C. 2701 et seq.) or any other applicable statute, for lands 
        within the Little Colorado River Basin in the State of Arizona, 
        accruing from time immemorial through the effective date 
        described in section 9(a); and
            (B) any future claims for injuries or threat of injury to 
        water quality under the natural resource damage provisions of 
        the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Oil 
        Pollution Act of 1990 (33 U.S.C. 2701 et seq.), or any other 
        applicable statute, accruing after the effective date described 
        in section 9(a), for any lands within the Eastern LCR basin, 
        caused by--
                (i) the lawful diversion or use of surface water;
                (ii) the lawful withdrawal or use of underground water, 
            except within the Zuni Protection Area, as provided in 
            article 5 of the Settlement Agreement;
                (iii) the Parties' performance of any obligations under 
            the Settlement Agreement;
                (iv) the discharge of oil associated with routine 
            physical or mechanical maintenance of wells or diversion 
            structures not inconsistent with applicable law;
                (v) the discharge of oil associated with routine start-
            up and operation of well pumps not inconsistent with 
            applicable law; or
                (vi) any combination of the causes described in clauses 
            (i) through (v).
        (3) Limitations.--Notwithstanding the authorization for the 
    Tribe's waiver of future water quality claims in paragraph 
    (1)(B)(ii) and the waiver in paragraph (2)(B), the Tribe, on behalf 
    of itself and its members, retains any statutory claims for injury 
    or threat of injury to water quality under the Comprehensive 
    Environmental Response, Compensation, and Liability Act of 1980 (42 
    U.S.C. 9601 et seq.) and the Oil Pollution Act of 1990 (33 U.S.C. 
    2701 et seq.), as described in subparagraph 11.4(D) (3) and (4) of 
    the Settlement Agreement, that accrue at least 30 years after the 
    effective date described in section 9(a).
    (e) Waiver of United States Water Quality Claims Related to 
Settlement Land and Water.--
        (1) Past and present claims.--As part of the performance of its 
    obligations under the Settlement Agreement, the United States 
    waives and releases, subject to the retentions in paragraphs 11.4, 
    11.6 and 11.7 of the Settlement Agreement, all claims against the 
    State of Arizona, or any agency or political subdivision thereof, 
    or any other person, entity, corporation, or municipal corporation 
    for--
            (A) all past and present common law claims accruing from 
        time immemorial through the effective date described in section 
        9(a) arising from or relating to water quality in which the 
        injury asserted is to the Tribe's interest in water, trust 
        land, and natural resources in the Little Colorado River basin 
        in the State of Arizona; and
            (B) all past and present natural resource damage claims 
        accruing through the effective date described in section 9(a) 
        arising from or relating to water quality in which the claim is 
        based on injury to natural resources or threat to natural 
        resources in the Little Colorado River basin in Arizona, only 
        for those cases in which the United States, through the 
        Secretary or other designated Federal official, would act on 
        behalf of the Tribe as a natural resource trustee pursuant to 
        the National Contingency Plan, as set forth, as of the date of 
        enactment of this Act, in section 300.600(b)(2) of title 40, 
        Code of Federal Regulations.
        (2) Future claims.--As part of the performance of its 
    obligations under the Settlement Agreement, the United States 
    waives and releases, subject to the retentions in paragraphs 11.4, 
    11.6 and 11.7 of the Settlement Agreement, the State of Arizona, or 
    any agency or political subdivision thereof, or any other person, 
    entity, corporation, or municipal corporation for--
            (A) all future common law claims arising from or relating 
        to water quality in which the injury or threat of injury 
        asserted is to the Tribe's interest in water, trust land, and 
        natural resources in the Eastern LCR basin in Arizona accruing 
        after the effective date described in section 9(a) caused by--
                (i) the lawful diversion or use of surface water;
                (ii) the lawful withdrawal or use of underground water, 
            except within the Zuni Protection Area, as provided in 
            article 5 of the Settlement Agreement;
                (iii) the Parties' performance of any obligations under 
            the Settlement Agreement;
                (iv) the discharge of oil associated with routine 
            physical or mechanical maintenance of wells or diversion 
            structures not inconsistent with applicable law;
                (v) the discharge of oil associated with routine start-
            up and operation of well pumps not inconsistent with 
            applicable law; or
                (vi) any combination of the causes described in clauses 
            (i) through (v); and
            (B) all future natural resource damage claims accruing 
        after the effective date described in section 9(a) arising from 
        or relating to water quality in which the claim is based on 
        injury to natural resources or threat to natural resources in 
        the Eastern LCR basin in Arizona, only for those cases in which 
        the United States, through the Secretary or other designated 
        Federal official, would act on behalf of the Tribe as a natural 
        resource trustee pursuant to the National Contingency Plan, as 
        set forth, as of the date of enactment of this Act, in section 
        300.600(b)(2) of title 40, Code of Federal Regulations, caused 
        by--
                (i) the lawful diversion or use of surface water;
                (ii) the lawful withdrawal or use of underground water, 
            except within the Zuni Protection Area as provided in 
            article 5 of the Settlement Agreement;
                (iii) the Parties' performance of their obligations 
            under this Settlement Agreement;
                (iv) the discharge of oil associated with routine 
            physical or mechanical maintenance of wells or diversion 
            structures not inconsistent with applicable law;
                (v) the discharge of oil associated with routine start-
            up and operation of well pumps not inconsistent with 
            applicable law; or
                (vi) any combination of the causes described in clauses 
            (i) through (v).
    (f) Effect.--Subject to subsections (b) and (e), nothing in this 
Act or the Settlement Agreement affects any right of the United States, 
or the State of Arizona, to take any actions, including enforcement 
actions, under any laws (including regulations) relating to human 
health, safety and the environment.

SEC. 8. MISCELLANEOUS PROVISIONS.

    (a) Waiver of Sovereign Immunity.--If any party to the Settlement 
Agreement or a Pumping Protection Agreement files a lawsuit only 
relating directly to the interpretation or enforcement of this Act, the 
Settlement Agreement, an agreement described in paragraph (1), (2), or 
(3) of section 4(c), or a Pumping Protection Agreement, naming the 
United States or the Tribe as a party, or if any other landowner or 
water user in the Little Colorado River basin in Arizona files a 
lawsuit only relating directly to the interpretation or enforcement of 
article 11, the rights of de minimis users in subparagraph 4.2.D or the 
rights of underground water users under article 5 of the Settlement 
Agreement, naming the United States or the Tribe as a party--
        (1) the United States, the Tribe, or both may be added as a 
    party to any such litigation, and any claim by the United States or 
    the Tribe to sovereign immunity from such suit is hereby waived, 
    other than with respect to claims for monetary awards except as 
    specifically provided for in the Settlement Agreement; and
        (2) the Tribe may waive its sovereign immunity from suit in the 
    Superior Court of Apache County, Arizona for the limited purposes 
    of enforcing the terms of the Intergovernmental Agreement, and any 
    intergovernmental agreement required to be entered into by the 
    Tribe under the terms of the Intergovernmental Agreement, other 
    than with respect to claims for monetary awards except as 
    specifically provided in the Intergovernmental Agreement.
    (b) Tribal Use of Water.--
        (1) In general.--With respect to water rights made available 
    under the Settlement Agreement and used on the Zuni Heaven 
    Reservation--
            (A) such water rights shall be held in trust by the United 
        States in perpetuity, and shall not be subject to forfeiture or 
        abandonment;
            (B) State law shall not apply to water uses on the 
        Reservation;
            (C) the State of Arizona may not regulate or tax such water 
        rights or uses (except that the court with jurisdiction over 
        the decree entered pursuant to the Settlement Agreement or the 
        Norviel Decree Court may assess administrative fees for 
        delivery of this water);
            (D) subject to paragraph 7.7 of the Settlement Agreement, 
        the Zuni Tribe shall use water made available to the Zuni Tribe 
        under the Settlement Agreement on the Zuni Heaven Reservation 
        for any use it deems advisable;
            (E) water use by the Zuni Tribe or the United States on 
        behalf of the Zuni Tribe for wildlife or instream flow use, or 
        for irrigation to establish or maintain wetland on the 
        Reservation, shall be considered to be consistent with the 
        purposes of the Reservation; and
            (F)(i) not later than 3 years after the deadline described 
        in section 9(b), the Zuni Tribe shall adopt a water code to be 
        approved by the Secretary for regulation of water use on the 
        lands identified in subsections (a) and (b) of section 5 that 
        is reasonably equivalent to State water law (including statutes 
        relating to dam safety and groundwater management); and
            (ii) until such date as the Zuni Tribe adopts a water code 
        described in clause (i), the Secretary, in consultation with 
        the State of Arizona, shall administer water use and water 
        regulation on lands described in that clause in a manner that 
        is reasonably equivalent to State law (including statutes 
        relating to dam safety and groundwater management).
        (2) Limitation.--
            (A) In general.--Except as provided in subparagraph (B), 
        the Zuni Tribe or the United States shall not sell, lease, 
        transfer, or transport water made available for use on the Zuni 
        Heaven Reservation to any other place.
            (B) Exception.--Water made available to the Zuni Tribe or 
        the United States for use on the Zuni Heaven Reservation may be 
        severed and transferred from the Reservation to other Zuni 
        Lands if the severance and transfer is accomplished in 
        accordance with State law (and once transferred to any lands 
        held in fee, such water shall be subject to State law).
    (c) Rights-of-Way.--
        (1) New and future trust land.--The land taken into trust under 
    subsections (a) and (b) of section 5 shall be subject to existing 
    easements and rights-of-way.
        (2) Additional rights-of-way.--
            (A) In general.--Notwithstanding any other provision of 
        law, the Secretary, in consultation with the Tribe, shall grant 
        additional rights-of-way or expansions of existing rights-of-
        way for roads, utilities, and other accommodations to adjoining 
        landowners if--
                (i) the proposed right-of-way is necessary to the needs 
            of the applicant;
                (ii) the proposed right-of-way will not cause 
            significant and substantial harm to the Tribe's wetland 
            restoration project or religious practices; and
                (iii) the proposed right-of-way acquisition will comply 
            with the procedures in part 169 of title 25, Code of 
            Federal Regulations, not inconsistent with this subsection 
            and other generally applicable Federal laws unrelated to 
            the acquisition of interests across trust lands.
            (B) Alternatives.--If the criteria described in clauses (i) 
        through (iii) of subparagraph (A) are not met, the Secretary 
        may propose an alternative right-of-way, or other accommodation 
        that complies with the criteria.
    (d) Certain Claims Prohibited.--The United States shall make no 
claims for reimbursement of costs arising out of the implementation of 
this Act or the Settlement Agreement against any Indian-owned land 
within the Tribe's Reservation, and no assessment shall be made in 
regard to such costs against such lands.
    (e) Vested Rights.--Except as described in paragraph 5.3 of the 
Settlement Agreement (recognizing the Zuni Tribe's use of 1,500 acre-
feet per annum of groundwater) this Act and the Settlement Agreement do 
not create any vested right to groundwater under Federal or State law, 
or any priority to the use of groundwater that would be superior to any 
other right or use of groundwater under Federal or State law, whether 
through this Act, the Settlement Agreement, or by incorporation of any 
abstract, agreement, or stipulation prepared under the Settlement 
Agreement. Notwithstanding the preceding sentence, the rights of 
parties to the agreements referred to in paragraph (1), (2), or (3) of 
section 4(c) and paragraph 5.8 of the Settlement Agreement, as among 
themselves, shall be as stated in those agreements.
    (f) Other Claims.--Nothing in the Settlement Agreement or this Act 
quantifies or otherwise affects the water rights, claims, or 
entitlements to water of any Indian tribe, band, or community, other 
than the Zuni Indian Tribe.
    (g) No Major Federal Action.--
        (1) In general.--Execution of the Settlement Agreement by the 
    Secretary as provided for in section 4(a) shall not constitute 
    major Federal action under the National Environmental Policy Act 
    (42 U.S.C. 4321 et seq.).
        (2) Settlement agreement.--In implementing the Settlement 
    Agreement, the Secretary shall comply with all aspects of--
            (A) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.); and
            (C) all other applicable environmental laws (including 
        regulations).
SEC. 9. EFFECTIVE DATE FOR WAIVER AND RELEASE AUTHORIZATIONS.
    (a) In General.--The waiver and release authorizations contained in 
subsections (b) and (c) of section 7 shall become effective as of the 
date the Secretary causes to be published in the Federal Register a 
statement of all the following findings:
        (1) This Act has been enacted in a form approved by the parties 
    in paragraph 3.1.A of the Settlement Agreement.
        (2) The funds authorized by section 4(b) have been appropriated 
    and deposited into the Fund.
        (3) The State of Arizona has appropriated and deposited into 
    the Fund the amount required by paragraph 7.6 of the Settlement 
    Agreement.
        (4) The Zuni Indian Tribe has either purchased or acquired the 
    right to purchase at least 2,350 acre-feet per annum of surface 
    water rights, or waived this condition as provided in paragraph 3.2 
    of the Settlement Agreement.
        (5) Pursuant to subparagraph 3.1.D of the Settlement Agreement, 
    the severance and transfer of surface water rights that the Tribe 
    owns or has the right to purchase have been conditionally approved, 
    or the Tribe has waived this condition as provided in paragraph 3.2 
    of the Settlement Agreement.
        (6) Pursuant to subparagraph 3.1.E of the Settlement Agreement, 
    the Tribe and Lyman Water Company have executed an agreement 
    relating to the process of the severance and transfer of surface 
    water rights acquired by the Zuni Tribe or the United States, the 
    pass-through, use, or storage of the Tribe's surface water rights 
    in Lyman Lake, and the operation of Lyman Dam.
        (7) Pursuant to subparagraph 3.1.F of the Settlement Agreement, 
    all the parties to the Settlement Agreement have agreed and 
    stipulated to certain Arizona Game and Fish abstracts of water 
    uses.
        (8) Pursuant to subparagraph 3.1.G of the Settlement Agreement, 
    all parties to the Settlement Agreement have agreed to the location 
    of an observation well and that well has been installed.
        (9) Pursuant to subparagraph 3.1.H of the Settlement Agreement, 
    the Zuni Tribe, Apache County, Arizona and the State of Arizona 
    have executed an Intergovernmental Agreement that satisfies all of 
    the conditions in paragraph 6.2 of the Settlement Agreement.
        (10) The Zuni Tribe has acquired title to the section of land 
    adjacent to the Zuni Heaven Reservation described as Section 34, 
    Township 14 North, Range 26 East, Gila and Salt River Base and 
    Meridian.
        (11) The Settlement Agreement has been modified if and to the 
    extent it is in conflict with this Act and such modification has 
    been agreed to by all the parties to the Settlement Agreement.
        (12) A court of competent jurisdiction has approved the 
    Settlement Agreement by a final judgment and decree.
    (b) Deadline for Effective Date.--If the publication in the Federal 
Register required under subsection (a) has not occurred by December 31, 
2006, sections 4 and 5, and any agreements entered into pursuant to 
sections 4 and 5 (including the Settlement Agreement and the 
Intergovernmental Agreement) shall not thereafter be effective and 
shall be null and void. Any funds and the interest accrued thereon 
appropriated pursuant to section 4(b)(2) shall revert to the Treasury, 
and any funds and the interest accrued thereon appropriated pursuant to 
paragraph 7.6 of the Settlement Agreement shall revert to the State of 
Arizona.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```