II 

108TH CONGRESS 

1ST SESSION S. 222

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 

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’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

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

10 keeping with its trust responsibility to Indian tribes, 
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1 to promote Indian self-determination, religious free2 dom, political and cultural integrity, and economic 

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

4 water rights claims of Indian tribes without lengthy 

5 and costly litigation. 

6 (2) Quantification of rights to water and devel7 opment of facilities needed to use tribal water sup8 plies effectively is essential to the development of 

9 viable Indian reservation communities, particularly 

10 in arid western States. 

11 (3) On August 28, 1984, and by actions subse12 quent thereto, the United States established a res13 ervation for the Zuni Indian Tribe in Apache Coun14 ty, Arizona upstream from the confluence of the Lit15 tle Colorado and Zuni Rivers for long-standing reli16 gious and sustenance activities. 

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

18 Little Colorado River basin in Arizona have been in 

19 litigation since 1979, in the Superior Court of the 

20 State of Arizona in and for the County of Apache 

21 in Civil No. 6417, In re The General Adjudication 

22 of All Rights to Use Water in the Little Colorado 

23 River System and Source. 

24 (5) Recognizing that the final resolution of the 

25 Zuni Indian Tribe’s water claims through litigation 
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1 will take many years and entail great expense to all 

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

3 with economic, social, and cultural consequences to 

4 the Tribe, prolong uncertainty as to the availability 

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

6 economic planning and development of all parties, 

7 the Tribe and neighboring non-Indians have sought 

8 to settle their disputes to water and reduce the bur9 dens of litigation. 

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

11 which included participation by representatives of 

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

13 of Arizona, and neighboring non-Indian communities 

14 in the Little Colorado River basin, the parties have 

15 entered into a Settlement Agreement to resolve all of 

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

17 assist the Tribe in acquiring surface water rights, to 

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

19 provide for the wetland restoration of the Tribe’s 

20 lands in Arizona. 

21 (7) To facilitate the wetland restoration project 

22 contemplated under the Settlement Agreement, the 

23 Zuni Indian Tribe acquired certain lands along the 

24 Little Colorado River near or adjacent to its Res25 ervation that are important for the success of the 
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1 project and will likely acquire a small amount of 

2 similarly situated additional lands. The parties have 

3 agreed not to object to the United States taking title 

4 to certain of these lands into trust status; other 

5 lands shall remain in tribal fee status. The parties 

6 have worked extensively to resolve various govern7 mental concerns regarding use of and control over 

8 those lands, and to provide a successful model for 

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

10 governments intend to enter into an Intergovern11 mental Agreement that addresses the parties’ gov12 ernmental concerns. 

13 (8) Pursuant to the Settlement Agreement, the 

14 neighboring non-Indian entities will assist in the 

15 Tribe’s acquisition of surface water rights and devel16 opment of groundwater, store surface water supplies 

17 for the Zuni Indian Tribe, and make substantial ad18 ditional contributions to carry out the Settlement 

19 Agreement’s provisions. 

20 (9) To advance the goals of Federal Indian pol21 icy and consistent with the trust responsibility of the 

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

23 United States participate in the implementation of 

24 the Settlement Agreement and contribute funds for 

25 the rehabilitation of religious riparian areas and 
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1 other purposes to enable the Tribe to use its water 

2 entitlement in developing its Reservation. 

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

4 (1) to approve, ratify, and confirm the Settle5 ment Agreement entered into by the Tribe and 

6 neighboring non-Indians; 

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

8 Interior to execute and perform the Settlement 

9 Agreement and related waivers; 

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

11 take legal title and hold such title to certain lands 

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

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

14 appropriations as provided for in the Settlement 

15 Agreement and this Act. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

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

19 LCR basin’’ means the portion of the Little Colo20 rado River basin in Arizona upstream of the con21 fluence of Silver Creek and the Little Colorado 

22 River, as identified on Exhibit 2.10 of the Settle23 ment Agreement.
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1 (2) FUND.—The term ‘‘Fund’’ means the Zuni 

2 Indian Tribe Water Rights Development Fund es3 tablished by section 6(a). 

4 (3) INTERGOVERNMENTAL AGREEMENT.—The 

5 term ‘‘Intergovernmental Agreement’’ means the 

6 intergovernmental agreement between the Zuni In7 dian Tribe, Apache County, Arizona and the State 

8 of Arizona described in article 6 of the Settlement 

9 Agreement. 

10 (4) PUMPING PROTECTION AGREEMENT.—The 

11 term ‘‘Pumping Protection Agreement’’ means an 

12 agreement, described in article 5 of the Settlement 

13 Agreement, between the Zuni Tribe, the United 

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

15 under which the landowner agrees to limit pumping 

16 of groundwater on his lands in exchange for a waiv17 er of certain claims by the Zuni Tribe and the 

18 United States on behalf of the Tribe. 

19 (5) RESERVATION; ZUNI HEAVEN RESERVA20 TION.—The term ‘‘Reservation’’ or ‘‘Zuni Heaven 

21 Reservation’’, also referred to as ‘‘Kolhu:wala:wa’’, 

22 means the following property in Apache County, Ari23 zona: Sections 26, 27, 28, 33, 34, and 35, Township 

24 15 North, Range 26 East, Gila and Salt River Base 

25 and Meridian; and Sections 2, 3, 4, 9, 10, 11, 13, 
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1 14, 15, 16, 23, 26, and 27, Township 14 North, 

2 Range 26 East, Gila and Salt River Base and Me3 ridian. 

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

5 the Secretary of the Interior. 

6 (7) SETTLEMENT AGREEMENT.—The term 

7 ‘‘Settlement Agreement’’ means that agreement 

8 dated June 7, 2002, together with all exhibits there9 to. The parties to the Settlement Agreement include 

10 the Zuni Indian Tribe and its members, the United 

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

12 State of Arizona, the Arizona Game and Fish Com13 mission, the Arizona State Land Department, the 

14 Arizona State Parks Board, the St. Johns Irrigation 

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

16 Valley Water Users’ Association, the Salt River 

17 Project Agricultural Improvement and Power Dis18 trict, the Tucson Electric Power Company, the City 

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

20 Springerville. 

21 (8) SRP.—The term ‘‘SRP’’ means the Salt 

22 River Project Agricultural Improvement and Power 

23 District, a political subdivision of the State of Ari24 zona. 
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1 (9) TEP.—The term ‘‘TEP’’ means Tucson 

2 Electric Power Company. 

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

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

5 Indian Tribe’’ means the body politic and federally 

6 recognized Indian nation, and its members. 

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

8 means all the following lands, in the State of Ari9 zona, that, on the effective date described in section 

10 9(a), are—

11 (A) within the Zuni Heaven Reservation; 

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

13 the benefit of the Tribe or its members; or 

14 (C) held in fee within the Little Colorado 

15 River basin by or for the Tribe. 

16 SEC. 4. AUTHORIZATION, RATIFICATIONS, AND CONFIRMA17 TIONS. 

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

19 Settlement Agreement does not conflict with the provi20 sions of this Act, such Settlement Agreement is hereby 

21 approved, ratified, confirmed, and declared to be valid. 

22 The Secretary is authorized and directed to execute the 

23 Settlement Agreement and any amendments approved by 

24 the parties necessary to make the Settlement Agreement 

25 consistent with this Act. The Secretary is further author-
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1 ized to perform any actions required by the Settlement 

2 Agreement and any amendments to the Settlement Agree3 ment that may be mutually agreed upon by the parties 

4 to the Settlement Agreement. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to the Zuni Indian Tribe 

7 Water Rights Development Fund established in section 

8 6(a), $19,250,000, to be allocated by the Secretary as fol9 lows: 

10 (1) $3,500,000 for fiscal year 2004, to be used 

11 for the acquisition of water rights and associated 

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

13 Tribe to facilitate the enforceability of the Settle14 ment Agreement, including the acquisition of at 

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

16 the deadline described in section 9(b). 

17 (2) $15,750,000, of which $5,250,000 shall be 

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

19 and 2006, to take actions necessary to restore, reha20 bilitate, and maintain the Zuni Heaven Reservation, 

21 including the Sacred Lake, wetlands, and riparian 

22 areas as provided for in the Settlement Agreement 

23 and under this Act. 

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

25 section 9, the following 3 separate agreements, together 
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1 with all amendments thereto, are approved, ratified, con2 firmed, and declared to be valid: 

3 (1) The agreement between SRP, the Zuni 

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

5 dated June 7, 2002. 

6 (2) The agreement between TEP, the Zuni 

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

8 dated June 7, 2002. 

9 (3) The agreement between the Arizona State 

10 Land Department, the Zuni Tribe, and the United 

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

12 SEC. 5. TRUST LANDS. 

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

14 conditions in paragraph 6.2 of the Settlement Agreement, 

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

16 the Secretary shall take the legal title of the following 

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

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

19 Base and Meridian: 

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

21 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4; 

22 (B) Section 23: N 1/2, N 1/2 SW 1/4, N 

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

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

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

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

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

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

6 Base and Meridian: 

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

8 1/2 NW 1/4, W 1/2 NE 1/4 SW 1/4, NW 1/4 

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

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

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

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

13 1/4 SE 1/4; 

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

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

16 2 NE 1/4, S 1/2 SE 1/4 NE 1/4, NW 1/4, E 

17 1/2 SW 1/4, N 1/2 NW 1/4 SW 1/4, SE 1/4 

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

19 1/4 SW 1/4 SW 1/4. 

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

21 the conditions in paragraph 6.2 of the Settlement Agree22 ment, after the requirements of section 9(a) have been 

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

25 trust for the benefit of the Zuni Tribe: 
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1 (1) In T. 14 N., R. 26E., Gila and Salt River 

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

3 1/2 S 1/2 NE 1/4, NW 1/4, N 1/2 NE 1/4 SW 1/

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

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

6 Base and Meridian: 

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

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

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

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

11 1/2 SE 1/4 SE 1/4; 

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

13 1/4 NW 1/4, SE 1/4 NW 1/4, W 1/2 SW 1/4 

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

15 1/4 SW 1/4, E 1/2 NW 1/4 SW 1/4, SW 1/4 

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

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

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

19 4, SE 1/4 NW1/4, N 1/2 SW 1/4 NW 1/4, SE 

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

21 1/2 NE 1/4 SW 1/4; 

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

23 1/4; 

24 (H) Section 29: N 1/2 N 1/2; 
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1 (I) Section 30: N 1/2 N 1/2, N 1/2 S 1/

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

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

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

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

6 Base and Meridian: 

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

8 1/4, NE 1/4 NW 1/4 SW 1/4, S 1/2 NW 1/4 

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

10 SW 1/4 SE 1/4, SE 1/4 SE 1/4; 

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

12 1/4 NE 1/4; and 

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

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

15 4, SW 1/4, N 1/2 SE 1/4, SW 1/4 SE 1/4, N 

16 1/2 SE 1/4 SE 1/4, SW 1/4 SE 1/4 SE 1/4. 

17 (c) NEW RESERVATION LANDS.—Upon satisfaction 

18 of the conditions in paragraph 6.2 of the Settlement 

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

20 been met, and upon acquisition by the Zuni Tribe, the Sec21 retary shall take the legal title of the following lands in 

22 Arizona into trust for the benefit of the Zuni Tribe and 

23 make such lands part of the Zuni Indian Tribe Reserva24 tion in Arizona: Section 34, T. 14 N., R. 26 E., Gila and 

25 Salt River Base and Meridian. 
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1 (d) LIMITATION ON SECRETARIAL DISCRETION.—

2 The Secretary shall have no discretion regarding the ac3 quisitions described in subsections (a), (b), and (c). 

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

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

6 in Arizona, other than the lands described in subsection 

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

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

9 Act of Congress enacted after the date of enactment of 

10 this Act specifically authorizing the transfer for the ben11 efit of the Zuni Tribe. 

12 (f) FINAL AGENCY ACTION.—Any written certifi13 cation by the Secretary under subparagraph 6.2.B of the 

14 Settlement Agreement constitutes final agency action 

15 under the Administrative Procedure Act and is reviewable 

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

17 Code. 

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

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

20 have Federal reserved rights to surface water or ground21 water. 

22 (h) STATE WATER RIGHTS.—The water rights and 

23 uses for the lands taken into trust pursuant to subsection 

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

25 and article 5 of the Settlement Agreement. With respect 
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1 to the lands taken into trust pursuant to subsection (b), 

2 the Zuni Tribe retains any rights or claims to water asso3 ciated with these lands under State law, subject to the 

4 terms of the Settlement Agreement. 

5 (i) FORFEITURE AND ABANDONMENT.—Water rights 

6 that are appurtenant to lands taken into trust pursuant 

7 to subsection (a), (b), or (c) shall not be subject to for8 feiture and abandonment. 

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

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

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

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

13 that would otherwise be applicable to those lands if they 

14 were not in trust. 

15 (k) AUTHORITY OF TRIBE.—For purposes of com16 plying with this section and article 6 of the Settlement 

17 Agreement, the Tribe is authorized to enter into—

18 (1) the Intergovernmental Agreement between 

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

20 State of Arizona; and 

21 (2) any intergovernmental agreement required 

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

23 the Intergovernmental Agreement. 

24 (l) FEDERAL ACKNOWLEDGEMENT OF INTERGOV25 ERNMENTAL AGREEMENTS.—
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1 (1) IN GENERAL.—The Secretary shall acknowl2 edge the terms of any intergovernmental agreement 

3 entered into by the Tribe under this section. 

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

5 seek to abrogate, in any administrative or judicial 

6 action, the terms of any intergovernmental agree7 ment that are consistent with subparagraph 6.2.A of 

8 the Settlement Agreement and this Act. 

9 (3) REMOVAL.—

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

11 subparagraph (B), if a judicial action is com12 menced during a dispute over any intergovern13 mental agreement entered into under this sec14 tion, and the United States is allowed to inter15 vene in such action, the United States shall not 

16 remove such action to the Federal courts. 

17 (B) EXCEPTION.—The United States may 

18 seek removal if—

19 (i) the action concerns the Secretary’s 

20 decision regarding the issuance of rights21 of-way under section 8(c); 

22 (ii) the action concerns the authority 

23 of a Federal agency to administer pro24 grams or the issuance of a permit under—
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1 (I) the Federal Water Pollution 

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

3 (II) the Safe Drinking Water Act 

4 (42 U.S.C. 300f et seq.); 

5 (III) the Clean Air Act (42 

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

7 (IV) any other Federal law spe8 cifically addressed in intergovern9 mental agreements; or 

10 (iii) the intergovernmental agreement 

11 is inconsistent with a Federal law for the 

12 protection of civil rights, public health, or 

13 welfare. 

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

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

16 May 25, 1918 (25 U.S.C. 211) within the State of Ari17 zona. 

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

19 modifies, amends, changes, or otherwise affects the Sec20 retary’s obligations to the Zuni Tribe pursuant to the Act 

21 entitled ‘‘An Act to convey certain lands to the Zuni In22 dian Tribe for religious purposes’’ approved August 28, 

23 1984 (Public Law 98–408; 98 Stat. 1533) (and as amend24 ed by the Zuni Land Conservation Act of 1990 (Public 

25 Law 101–486; 104 Stat. 1174)). 
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1 SEC. 6. DEVELOPMENT FUND. 

2 (a) ESTABLISHMENT OF THE FUND.—

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

4 Treasury of the United States a fund to be known 

5 as the ‘‘Zuni Indian Tribe Water Rights Develop6 ment Fund’’, to be managed and invested by the 

7 Secretary, consisting of—

8 (A) the amounts authorized to be appro9 priated in section 4(b); and 

10 (B) the appropriation to be contributed by 

11 the State of Arizona pursuant to paragraph 7.6 

12 of the Settlement Agreement. 

13 (2) ADDITIONAL DEPOSITS.—The Secretary 

14 shall deposit in the Fund any other monies paid to 

15 the Secretary on behalf of the Zuni Tribe pursuant 

16 to the Settlement Agreement. 

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

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

19 and make monies available from the Fund for distribution 

20 to the Zuni Tribe consistent with the American Indian 

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

22 4001 et seq.) (referred to in this section as the ‘‘Trust 

23 Fund Reform Act’’), this Act, and the Settlement Agree24 ment. 

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

26 shall invest amounts in the Fund in accordance with—
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1 (1) the Act of April 1, 1880 (21 Stat. 70, ch. 

2 41, 25 U.S.C. 161); 

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

4 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 

5 (3) subsection (b). 

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

7 The funds authorized to be appropriated pursuant to sec8 tion 3104(b)(2) and funds contributed by the State of Ari9 zona pursuant to paragraph 7.6 of the Settlement Agree10 ment shall be available for expenditure or withdrawal only 

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

12 (e) EXPENDITURES AND WITHDRAWAL.—

13 (1) TRIBAL MANAGEMENT PLAN.—

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

15 withdraw all or part of the Fund on approval 

16 by the Secretary of a tribal management plan 

17 as described in the Trust Fund Reform Act. 

18 (B) REQUIREMENTS.—In addition to the 

19 requirements under the Trust Fund Reform 

20 Act, the tribal management plan shall require 

21 that the Zuni Tribe spend any funds in accord22 ance with the purposes described in section 

23 4(b). 

24 (2) ENFORCEMENT.—The Secretary may take 

25 judicial or administrative action to enforce the provi-
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1 sions of any tribal management plan to ensure that 

2 any monies withdrawn from the Fund under the 

3 plan are used in accordance with this Act. 

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

5 right to withdraw monies from the Fund, neither the 

6 Secretary nor the Secretary of the Treasury shall re7 tain any liability for the expenditure or investment 

8 of the monies withdrawn. 

9 (4) EXPENDITURE PLAN.—

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

11 submit to the Secretary for approval an expend12 iture plan for any portion of the funds made 

13 available under this Act that the Zuni Tribe 

14 does not withdraw under this subsection. 

15 (B) DESCRIPTION.—The expenditure plan 

16 shall describe the manner in which, and the 

17 purposes for which, funds of the Zuni Tribe re18 maining in the Fund will be used. 

19 (C) APPROVAL.—On receipt of an expendi20 ture plan under subparagraph (A), the Sec21 retary shall approve the plan if the Secretary 

22 determines that the plan is reasonable and con23 sistent with this Act. 

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

25 submit to the Secretary an annual report that de-
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1 scribes all expenditures from the Fund during the 

2 year covered by the report. 

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

4 (1) WATER RIGHTS ACQUISITIONS.—Notwith5 standing subsection (e), the funds authorized to be 

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

7 (A) shall be available upon appropriation 

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

9 (B) shall be distributed by the Secretary to 

10 the Zuni Tribe on receipt by the Secretary from 

11 the Zuni Tribe of a written notice and a tribal 

12 council resolution that describe the purposes for 

13 which the funds will be used. 

14 (2) RIGHT TO SET OFF.—In the event the re15 quirements of section 9(a) have not been met and 

16 the Settlement Agreement has become null and void 

17 under section 9(b), the United States shall be enti18 tled to set off any funds expended or withdrawn 

19 from the amount appropriated pursuant to section 

20 4(b)(1), together with any interest accrued, against 

21 any claims asserted by the Zuni Tribe against the 

22 United States relating to water rights at the Zuni 

23 Heaven Reservation. 

24 (3) WATER RIGHTS.—Any water rights ac25 quired with funds described in paragraph (1) shall 
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1 be credited against any water rights secured by the 

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

3 Zuni Tribe, for the Zuni Heaven Reservation in the 

4 Little Colorado River General Stream Adjudication 

5 or in any future settlement of claims for those water 

6 rights. 

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

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

9 of the Zuni Tribe. 

10 SEC. 7. CLAIMS EXTINGUISHMENT; WAIVERS AND RE11 LEASES. 

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

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

14 Tribe and its members under this Act, including re15 tention of any claims and rights, shall constitute full 

16 and complete satisfaction of all members’ claims 

17 for—

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

19 other laws (including claims for water rights in 

20 groundwater, surface water, and effluent) for 

21 Zuni Lands from time immemorial through the 

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

23 time thereafter; and 

24 (B) injuries to water rights under Federal, 

25 State, and other laws (including claims for 
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1 water rights in groundwater, surface water, and 

2 effluent, claims for damages for deprivation of 

3 water rights, and claims for changes to under4 ground water table levels) for Zuni Lands from 

5 time immemorial through the effective date de6 scribed in section 9(a). 

7 (2) NO RECOGNITION OR ESTABLISHMENT OF

8 INDIVIDUAL WATER RIGHT.—Nothing in this Act 

9 recognizes or establishes any right of a member of 

10 the Tribe to water on the Reservation. 

11 (b) TRIBE AND UNITED STATES AUTHORIZATION

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

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

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

15 Tribe and its members, are authorized, as part of the per16 formance of their obligations under the Settlement Agree17 ment, to execute a waiver and release, subject to para18 graph 11.4 of the Settlement Agreement, for claims 

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

20 subdivision thereof, or any other person, entity, corpora21 tion, or municipal corporation, under Federal, State, or 

22 other law for any and all—

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

24 rights (including water rights in groundwater, sur25 face water, and effluent) for Zuni Lands from time 
24

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1 immemorial through the effective date described in 

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

3 claims within the Zuni Protection Area as provided 

4 in article 5 of the Settlement Agreement; 

5 (2) past and present claims for injuries to 

6 water rights (including water rights in groundwater, 

7 surface water, and effluent and including claims for 

8 damages for deprivation of water rights and any 

9 claims for changes to underground water table lev10 els) for Zuni Lands from time immemorial through 

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

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

13 rights and injuries to water rights (including water 

14 rights in groundwater, surface water, and effluent 

15 and including any claims for damages for depriva16 tion of water rights and any claims for changes to 

17 underground water table levels) from time immemo18 rial through the effective date described in section 

19 9(a), and any time thereafter, for lands outside of 

20 Zuni Lands but located within the Little Colorado 

21 River basin in Arizona, based upon aboriginal occu22 pancy of lands by the Zuni Tribe or its predecessors. 

23 (c) TRIBAL WAIVERS AGAINST THE UNITED

24 STATES.—The Tribe is authorized, as part of the perform25 ance of its obligations under the Settlement Agreement, 
25

•S 222 IS 

1 to execute a waiver and release, subject to paragraphs 

2 11.4 and 11.6 of the Settlement Agreement, for claims 

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

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

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

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

7 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; 

13 (2) past and present claims for injuries to 

14 water rights (including water rights in groundwater, 

15 surface water, and effluent and any claims for dam16 ages for deprivation of water rights) for Zuni Lands 

17 from time immemorial through the effective date de18 scribed in section 9(a); 

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

20 rights and injuries to water rights (including water 

21 rights in groundwater, surface water, and effluent 

22 and any claims for damages for deprivation of water 

23 rights) from time immemorial through the effective 

24 date described in section 9(a), and any time there25 after, for lands outside of Zuni Lands but located
26

•S 222 IS 

1 within the Little Colorado River basin in Arizona, 

2 based upon aboriginal occupancy of lands by the 

3 Zuni Tribe or its predecessors; 

4 (4) past and present claims for failure to pro5 tect, acquire, or develop water rights of, or failure 

6 to protect water quality for, the Zuni Tribe within 

7 the Little Colorado River basin in Arizona from time 

8 immemorial through the effective date described in 

9 section 9(a); and 

10 (5) claims for breach of the trust responsibility 

11 of the United States to the Zuni Tribe arising out 

12 of the negotiation of the Settlement Agreement or 

13 this Act. 

14 (d) TRIBAL WAIVER OF WATER QUALITY CLAIMS

15 AND INTERFERENCE WITH TRUST CLAIMS.—

16 (1) CLAIMS AGAINST THE STATE AND OTH17 ERS.—

18 (A) INTERFERENCE WITH TRUST RESPON19 SIBILITY.—The Tribe, on behalf of itself and its 

20 members, is authorized, as part of the perform21 ance of its obligations under the Settlement 

22 Agreement, to waive and release all claims 

23 against the State of Arizona, or any agency or 

24 political subdivision thereof, or any other per25 son, entity, corporation, or municipal corpora-
27

•S 222 IS 

1 tion under Federal, State, or other law, for 

2 claims of interference with the trust responsi3 bility of the United States to the Zuni Tribe 

4 arising out of the negotiation of the Settlement 

5 Agreement or this Act. 

6 (B) INJURY OR THREAT OF INJURY TO

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

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

9 performance of its obligations under the Settle10 ment Agreement, to waive and release, subject 

11 to paragraphs 11.4, 11.6, and 11.7 of the Set12 tlement Agreement, all claims against the State 

13 of Arizona, or any agency or political subdivi14 sion thereof, or any other person, entity, cor15 poration, or municipal corporation under Fed16 eral, State, or other law, for—

17 (i) any and all past and present 

18 claims, including natural resource damage 

19 claims under the Comprehensive Environ20 mental Response, Compensation, and Li21 ability Act of 1980 (42 U.S.C. 9601 et 

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

23 U.S.C. 2701 et seq.), or any other applica24 ble statute, for injury to water quality ac25 cruing from time immemorial through the 
28

•S 222 IS 

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

2 lands within the Little Colorado River 

3 basin in the State of Arizona; and 

4 (ii) any and all future claims, includ5 ing natural resource damage claims under 

6 the Comprehensive Environmental Re7 sponse, Compensation, and Liability Act of 

8 1980 (42 U.S.C. 9601 et seq.), the Oil 

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

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

11 injury or threat of injury to water quality, 

12 accruing after the effective date described 

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

14 Eastern LCR basin caused by—

15 (I) the lawful diversion or use of 

16 surface water; 

17 (II) the lawful withdrawal or use 

18 of underground water, except within 

19 the Zuni Protection Area, as provided 

20 in article 5 of the Settlement Agree21 ment; 

22 (III) the Parties’ performance of 

23 any obligations under the Settlement 

24 Agreement; 
29

•S 222 IS 

1 (IV) the discharge of oil associ2 ated with routine physical or mechan3 ical maintenance of wells or diversion 

4 structures not inconsistent with appli5 cable law; 

6 (V) the discharge of oil associ7 ated with routine start-up and oper8 ation of well pumps not inconsistent 

9 with applicable law; or 

10 (VI) any combination of the 

11 causes described in subclauses (I) 

12 through (V). 

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

14 Tribe, on behalf of itself and its members, is author15 ized to waive its right to request that the United 

16 States bring—

17 (A) any claims for injuries to water quality 

18 under the natural resource damage provisions 

19 of the Comprehensive Environmental Response, 

20 Compensation, and Liability Act of 1980 (42 

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

22 1990 (33 U.S.C. 2701 et seq.) or any other ap23 plicable statute, for lands within the Little Col24 orado River Basin in the State of Arizona, ac-
30

•S 222 IS 

1 cruing from time immemorial through the effec2 tive date described in section 9(a); and 

3 (B) any future claims for injuries or threat 

4 of injury to water quality under the natural re5 source damage provisions of the Comprehensive 

6 Environmental Response, Compensation, and 

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

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

9 et seq.), or any other applicable statute, accru10 ing after the effective date described in section 

11 9(a), for any lands within the Eastern LCR 

12 basin, caused by—

13 (i) the lawful diversion or use of sur14 face water; 

15 (ii) the lawful withdrawal or use of 

16 underground water, except within the Zuni 

17 Protection Area, as provided in article 5 of 

18 the Settlement Agreement; 

19 (iii) the Parties’ performance of any 

20 obligations under the Settlement Agree21 ment; 

22 (iv) the discharge of oil associated 

23 with routine physical or mechanical main24 tenance of wells or diversion structures not 

25 inconsistent with applicable law;
31

•S 222 IS 

1 (v) the discharge of oil associated with 

2 routine start-up and operation of well 

3 pumps not inconsistent with applicable law; 

4 or 

5 (vi) any combination of the causes de6 scribed in clauses (i) through (v). 

7 (3) LIMITATIONS.—Notwithstanding the au8 thorization for the Tribe’s waiver of future water 

9 quality claims in paragraph (1)(B)(ii) and the waiv10 er in paragraph (2)(B), the Tribe, on behalf of itself 

11 and its members, retains any statutory claims for in12 jury or threat of injury to water quality under the 

13 Comprehensive Environmental Response, Compensa14 tion, and Liability Act of 1980 (42 U.S.C. 9601 et 

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

16 2701 et seq.), as described in subparagraph 

17 11.4(D)(3) and (4) of the Settlement Agreement, 

18 that accrue at least 30 years after the effective date 

19 described in section 9(a). 

20 (e) WAIVER OF UNITED STATES WATER QUALITY

21 CLAIMS RELATED TO SETTLEMENT LAND AND WATER.—

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

23 the performance of its obligations under the Settle24 ment Agreement, the United States waives and re25 leases, subject to the retentions in paragraphs 11.4, 
32

•S 222 IS 

1 11.6 and 11.7 of the Settlement Agreement, all 

2 claims against the State of Arizona, or any agency 

3 or political subdivision thereof, or any other person, 

4 entity, corporation, or municipal corporation for—

5 (A) all past and present common law 

6 claims accruing from time immemorial through 

7 the effective date described in section 9(a) aris8 ing from or relating to water quality in which 

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

10 water, trust land, and natural resources in the 

11 Little Colorado River basin in the State of Ari12 zona; and 

13 (B) all past and present natural resource 

14 damage claims accruing through the effective 

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

16 relating to water quality in which the claim is 

17 based on injury to natural resources or threat 

18 to natural resources in the Little Colorado 

19 River basin in Arizona, only for those cases in 

20 which the United States, through the Secretary 

21 or other designated Federal official, would act 

22 on behalf of the Tribe as a natural resource 

23 trustee pursuant to the National Contingency 

24 Plan, as set forth, as of the date of enactment 
33

•S 222 IS 

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

2 Code of Federal Regulations. 

3 (2) FUTURE CLAIMS.—As part of the perform4 ance of its obligations under the Settlement Agree5 ment, the United States waives and releases, subject 

6 to the retentions in paragraphs 11.4, 11.6 and 11.7 

7 of the Settlement Agreement, the State of Arizona, 

8 or any agency or political subdivision thereof, or any 

9 other person, entity, corporation, or municipal cor10 poration for—

11 (A) all future common law claims arising 

12 from or relating to water quality in which the 

13 injury or threat of injury asserted is to the 

14 Tribe’s interest in water, trust land, and nat15 ural resources in the Eastern LCR basin in Ari16 zona accruing after the effective date described 

17 in section 9(a) caused by—

18 (i) the lawful diversion or use of sur19 face water; 

20 (ii) the lawful withdrawal or use of 

21 underground water, except within the Zuni 

22 Protection Area, as provided in article 5 of 

23 the Settlement Agreement; 
34

•S 222 IS 

1 (iii) the Parties’ performance of any 

2 obligations under the Settlement Agree3 ment; 

4 (iv) the discharge of oil associated 

5 with routine physical or mechanical main6 tenance of wells or diversion structures not 

7 inconsistent with applicable law; 

8 (v) the discharge of oil associated with 

9 routine start-up and operation of well 

10 pumps not inconsistent with applicable law; 

11 or 

12 (vi) any combination of the causes de13 scribed in clauses (i) through (v); and 

14 (B) all future natural resource damage 

15 claims accruing after the effective date de16 scribed in section 9(a) arising from or relating 

17 to water quality in which the claim is based on 

18 injury to natural resources or threat to natural 

19 resources in the Eastern LCR basin in Arizona, 

20 only for those cases in which the United States, 

21 through the Secretary or other designated Fed22 eral official, would act on behalf of the Tribe as 

23 a natural resource trustee pursuant to the Na24 tional Contingency Plan, as set forth, as of the 

25 date of enactment of this Act, in section 
35

•S 222 IS 

1 300.600(b)(2) of title 40, Code of Federal Reg2 ulations, 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 their 

10 obligations under this 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). 

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

23 nothing in this Act or the Settlement Agreement affects 

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

25 to take any actions, including enforcement actions, under
36

•S 222 IS 

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

2 safety and the environment. 

3 SEC. 8. MISCELLANEOUS PROVISIONS. 

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

5 to the Settlement Agreement or a Pumping Protection 

6 Agreement files a lawsuit only relating directly to the in7 terpretation or enforcement of this Act, the Settlement 

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

9 or (3) of section 4(c), or a Pumping Protection Agree10 ment, naming the United States or the Tribe as a party, 

11 or if any other landowner or water user in the Little Colo12 rado River basin in Arizona files a lawsuit only relating 

13 directly to the interpretation or enforcement of Article 11, 

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

15 the rights of underground water users under Article 5 of 

16 the Settlement Agreement, naming the United States or 

17 the Tribe as a party—

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

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

20 claim by the United States or the Tribe to sovereign 

21 immunity from such suit is hereby waived, other 

22 than with respect to claims for monetary awards ex23 cept as specifically provided for in the Settlement 

24 Agreement; and 
37

•S 222 IS 

1 (2) the Tribe may waive its sovereign immunity 

2 from suit in the Superior Court of Apache County, 

3 Arizona for the limited purposes of enforcing the 

4 terms of the Intergovernmental Agreement, and any 

5 intergovernmental agreement required to be entered 

6 into by the Tribe under the terms of the Intergov7 ernmental Agreement, other than with respect to 

8 claims for monetary awards except as specifically 

9 provided in the Intergovernmental Agreement. 

10 (b) TRIBAL USE OF WATER.—

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

12 made available under the Settlement Agreement and 

13 used on the Zuni Heaven Reservation—

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

15 by the United States in perpetuity, and shall 

16 not be subject to forfeiture or abandonment; 

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

18 on the Reservation; 

19 (C) the State of Arizona may not regulate 

20 or tax such water rights or uses (except that 

21 the court with jurisdiction over the decree en22 tered pursuant to the Settlement Agreement or 

23 the Norviel Decree Court may assess adminis24 trative fees for delivery of this water); 
38

•S 222 IS 

1 (D) subject to paragraph 7.7 of the Settle2 ment Agreement, the Zuni Tribe shall use 

3 water made available to the Zuni Tribe under 

4 the Settlement Agreement on the Zuni Heaven 

5 Reservation for any use it deems advisable; 

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

7 United States on behalf of the Zuni Tribe for 

8 wildlife or instream flow use, or for irrigation to 

9 establish or maintain wetland on the Reserva10 tion, shall be considered to be consistent with 

11 the purposes of the Reservation; and 

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

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

14 Tribe shall adopt a water code to be approved 

15 by the Secretary for regulation of water use on 

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

17 of section 5 that is reasonably equivalent to 

18 State water law (including statutes relating to 

19 dam safety and groundwater management); and 

20 (ii) until such date as the Zuni Tribe 

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

22 Secretary, in consultation with the State of Ari23 zona, shall administer water use and water reg24 ulation on lands described in that clause in a 

25 manner that is reasonably equivalent to State 
39

•S 222 IS 

1 law (including statutes relating to dam safety 

2 and groundwater management). 

3 (2) LIMITATION.—

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

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

6 States shall not sell, lease, transfer, or trans7 port water made available for use on the Zuni 

8 Heaven Reservation to any other place. 

9 (B) EXCEPTION.—Water made available to 

10 the Zuni Tribe or the United States for use on 

11 the Zuni Heaven Reservation may be severed 

12 and transferred from the Reservation to other 

13 Zuni Lands if the severance and transfer is ac14 complished in accordance with State law (and 

15 once transferred to any lands held in fee, such 

16 water shall be subject to State law). 

17 (c) RIGHTS-OF-WAY.—

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

19 taken into trust under subsections (a) and (b) of 

20 section 5 shall be subject to existing easements and 

21 rights-of-way. 

22 (2) ADDITIONAL RIGHTS-OF-WAY.—

23 (A) IN GENERAL.—Notwithstanding any 

24 other provision of law, the Secretary, in con25 sultation with the Tribe, shall grant additional 
40

•S 222 IS 

1 rights-of-way or expansions of existing rights2 of-way for roads, utilities, and other accom3 modations to adjoining landowners if—

4 (i) the proposed right-of-way is nec5 essary to the needs of the applicant; 

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

7 cause significant and substantial harm to 

8 the Tribe’s wetland restoration project or 

9 religious practices; and 

10 (iii) the proposed right-of-way acquisi11 tion will comply with the procedures in 

12 part 169 of title 25, Code of Federal Regu13 lations, not inconsistent with this sub14 section and other generally applicable Fed15 eral laws unrelated to the acquisition of in16 terests across trust lands. 

17 (B) ALTERNATIVES.—If the criteria de18 scribed in clauses (i) through (iii) of subpara19 graph (A) are not met, the Secretary may pro20 pose an alternative right-of-way, or other ac21 commodation that complies with the criteria. 

22 (d) CERTAIN CLAIMS PROHIBITED.—The United 

23 States shall make no claims for reimbursement of costs 

24 arising out of the implementation of this Act or the Settle25 ment Agreement against any Indian-owned land within the
41

•S 222 IS 

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

2 regard to such costs against such lands. 

3 (e) VESTED RIGHTS.—Except as described in para4 graph 5.3 of the Settlement Agreement (recognizing the 

5 Zuni Tribe’s use of 1,500 acre-feet per annum of ground6 water) this Act and the Settlement Agreement do not cre7 ate any vested right to groundwater under Federal or 

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

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

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

11 Settlement Agreement, or by incorporation of any ab12 stract, agreement, or stipulation prepared under the Set13 tlement Agreement. Notwithstanding the preceding sen14 tence, the rights of parties to the agreements referred to 

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

16 5.8 of the Settlement Agreement, as among themselves, 

17 shall be as stated in those agreements. 

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

19 Agreement or this Act quantifies or otherwise affects the 

20 water rights, claims, or entitlements to water of any In21 dian tribe, band, or community, other than the Zuni In22 dian Tribe. 

23 (g) NO MAJOR FEDERAL ACTION.—

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

25 Agreement by the Secretary as provided for in sec-
42

•S 222 IS 

1 tion 4(a) shall not constitute major Federal action 

2 under the National Environmental Policy Act (42 

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

4 (2) SETTLEMENT AGREEMENT.—In imple5 menting the Settlement Agreement, the Secretary 

6 shall comply with all aspects of—

7 (A) the National Environmental Policy Act 

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

9 (B) the Endangered Species Act of 1973 

10 (16 U.S.C. 1531 et seq.); and 

11 (C) all other applicable environmental laws 

12 (including regulations). 

13 SEC. 9. EFFECTIVE DATE FOR WAIVER AND RELEASE AU14 THORIZATIONS. 

15 (a) IN GENERAL.—The waiver and release authoriza16 tions contained in subsections (b) and (c) of section 7 shall 

17 become effective as of the date the Secretary causes to 

18 be published in the Federal Register a statement of all 

19 the following findings: 

20 (1) This Act has been enacted in a form ap21 proved by the parties in paragraph 3.1.A of the Set22 tlement Agreement. 

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

24 been appropriated and deposited into the Fund. 
43

•S 222 IS 

1 (3) The State of Arizona has appropriated and 

2 deposited into the Fund the amount required by 

3 paragraph 7.6 of the Settlement Agreement. 

4 (4) The Zuni Indian Tribe has either purchased 

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

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

7 waived this condition as provided in paragraph 3.2 

8 of the Settlement Agreement. 

9 (5) Pursuant to subparagraph 3.1.D of the Set10 tlement Agreement, the severance and transfer of 

11 surface water rights that the Tribe owns or has the 

12 right to purchase have been conditionally approved, 

13 or the Tribe has waived this condition as provided 

14 in paragraph 3.2 of the Settlement Agreement. 

15 (6) Pursuant to subparagraph 3.1.E of the Set16 tlement Agreement, the Tribe and Lyman Water 

17 Company have executed an agreement relating to 

18 the process of the severance and transfer of surface 

19 water rights acquired by the Zuni Tribe or the 

20 United States, the pass-through, use, or storage of 

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

22 the operation of Lyman Dam. 

23 (7) Pursuant to subparagraph 3.1.F of the Set24 tlement Agreement, all the parties to the Settlement 
44

•S 222 IS 

1 Agreement have agreed and stipulated to certain Ar2 izona Game and Fish abstracts of water uses. 

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

5 Agreement have agreed to the location of an obser6 vation well and that well has been installed. 

7 (9) Pursuant to subparagraph 3.1.H of the Set8 tlement Agreement, the Zuni Tribe, Apache County, 

9 Arizona and the State of Arizona have executed an 

10 Intergovernmental Agreement that satisfies all of 

11 the conditions in paragraph 6.2 of the Settlement 

12 Agreement. 

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

14 section of land adjacent to the Zuni Heaven Res15 ervation described as Section 34, Township 14 

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

17 and Meridian. 

18 (11) The Settlement Agreement has been modi19 fied if and to the extent it is in conflict with this Act 

20 and such modification has been agreed to by all the 

21 parties to the Settlement Agreement. 

22 (12) A court of competent jurisdiction has ap23 proved the Settlement Agreement by a final judg24 ment and decree. 
45

•S 222 IS 

1 (b) DEADLINE FOR EFFECTIVE DATE.—If the publi2 cation in the Federal Register required under subsection 

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

4 and 5, and any agreements entered into pursuant to sec5 tions 4 and 5 (including the Settlement Agreement and 

6 the Intergovernmental Agreement) shall not thereafter be 

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

8 interest accrued thereon appropriated pursuant to section 

9 4(b)(2) shall revert to the Treasury, and any funds and 

10 the interest accrued thereon appropriated pursuant to 

11 paragraph 7.6 of the Settlement Agreement shall revert 

12 to the State of Arizona.

Æ