San Juan Southern Paiute Tribal Homelands Act of 2023

Subjects: Native Americans


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2461 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 2461

 To ratify a Treaty between the San Juan Southern Paiute Tribe and the 
Navajo Nation, to provide for the creation of a reservation for the San 
          Juan Southern Paiute Tribe, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2023

  Mr. Crane introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To ratify a Treaty between the San Juan Southern Paiute Tribe and the 
Navajo Nation, to provide for the creation of a reservation for the San 
          Juan Southern Paiute Tribe, 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 ``San Juan Southern Paiute Tribal 
Homelands Act of 2023''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The San Juan Southern Paiute Tribe is a federally 
        recognized Indian Tribe that has occupied its ancestral 
        homelands in northern Arizona and southern Utah since time 
        immemorial.
            (2) The San Juan Southern Paiute Tribe was federally 
        recognized on December 11, 1989, though the United States did 
        not create a reservation for its exclusive benefit at that 
        time.
            (3) The Navajo Indian Reservation was originally 
        established by the 1868 Navajo Treaty (15 Stat. 667) and 
        expanded in Arizona and Utah by various Executive orders and 
        Acts of Congress, including, but not limited to, Executive 
        order of May 17, 1884; Executive order of January 8, 1900; 
        Public Law 72-403, 47 Stat. 1418 (1933); and Public Law 73-352, 
        48 Stat. 960 (1934).
            (4) The Navajo Indian Reservation presently encompasses 
        lands of the San Juan Southern Paiute Tribe as described in the 
        Treaty between the Navajo Nation and the San Juan Southern 
        Paiute Tribe.
            (5) While the Dine people of the Navajo Nation and the 
        Paiute people of the San Juan Southern Paiute Tribe have a long 
        history as neighboring communities, the San Juan Southern 
        Paiute people are a separate and culturally distinct Tribe 
        residing within their ancestral lands.
            (6) The existence of the San Juan Southern Paiute Tribe 
        within the exterior boundaries of the Navajo Indian Reservation 
        and the lack of an exclusive reservation land base causes 
        particular hardship for the people of the San Juan Southern 
        Paiute Tribe, preventing the Tribe from providing adequate 
        housing, infrastructure, healthcare, community services, and 
        public safety for its people.
            (7) The San Juan Southern Paiute Tribe and the Navajo 
        Nation entered into a Treaty on March 18, 2000, to resolve and 
        clarify the sovereign authority of both Tribal nations, to 
        provide a permanent homeland for the San Juan Southern Paiute 
        Tribe, and to resolve other matters of mutual concern.
            (8) Ratification and approval of the Treaty by Congress and 
        the execution of the Treaty by the Secretary is necessary for 
        the Treaty to become effective under its terms.
            (9) The establishment and proclamation of the San Juan 
        Southern Paiute Reservation as authorized in this Act only 
        includes lands within the existing boundaries of the Navajo 
        Indian Reservation.
            (10) Once effective, the Treaty will--
                    (A) resolve and cause the dismissal of long-running 
                litigation concerning certain land rights of the Navajo 
                Nation and San Juan Southern Paiute Tribe currently 
                pending before the United States Court of Appeals for 
                the Ninth Circuit (Masayesva v. Zah et al., No. 93-
                15216 (9th Cir.); and
                    (B) promote cooperation and harmony between the 
                Dine and Paiute people, serving as an example of 
                friendship and partnership between two sovereign Tribal 
                nations.

SEC. 3. DEFINITIONS.

    For the purpose of this Act, the following definitions apply:
            (1) San juan paiute northern area.--The term ``San Juan 
        Paiute Northern Area'' means the area of land located within 
        the San Juan Southern Paiute Reservation as depicted on Map B 
        of the Treaty.
            (2) San juan paiute southern area.--The term ``San Juan 
        Paiute Southern Area'' means the area of land within the San 
        Juan Southern Paiute Reservation depicted on Map A of the 
        Treaty.
            (3) San juan southern paiute reservation.--The term ``San 
        Juan Southern Paiute Reservation'' means the approximately 
        5,400 acres of lands described in the Treaty as the ``San Juan 
        Paiute Northern Area'' and the ``San Juan Paiute Southern 
        Area'' located wholly within the exterior boundaries of the 
        Navajo Indian Reservation.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Treaty.--The term ``Treaty'' means the articles of 
        Treaty and Agreement entered into by the Navajo Nation and the 
        San Juan Southern Paiute Tribe to settle land claims and other 
        disputes, as executed on March 18, 2000, and modified by 
        addendum on May 7th, 2004, including all exhibits and maps 
        incorporated therein by reference.

SEC. 4. RATIFICATION AND APPROVAL OF THE TREATY.

    The Treaty is hereby approved, ratified and confirmed by the 
Congress of the United States.

SEC. 5. APPROVAL OF THE SECRETARY.

    (a) In General.--The Secretary is authorized and directed--
            (1) to approve and execute the Treaty as set forth therein, 
        except that the specific findings stated under the heading 
        ``APPROVAL,'' following the Treaty, shall not be binding on the 
        Secretary; and
            (2) to take all steps necessary to implement and carry out 
        the intent of the Treaty and this Act.
    (b) Approval of Amendments.--The Secretary is delegated the 
authority, without further Act of Congress, to approve and execute 
amendments to the Treaty agreed to by the Navajo Nation and the San 
Juan Southern Paiute Tribe.

SEC. 6. LANDS PROCLAIMED A RESERVATION FOR THE SAN JUAN SOUTHERN PAIUTE 
              TRIBE.

    (a) In General.--All right, title and interest, including water 
rights, to the approximately 5,400 acres of land within the Navajo 
Indian Reservation that are described in the Treaty as the San Juan 
Paiute Northern Area and the San Juan Paiute Southern Area, are hereby 
proclaimed as the San Juan Southern Paiute Reservation and such lands 
shall be held by the United States in trust as a reservation for the 
exclusive benefit of the San Juan Southern Paiute Tribe, subject to the 
rights of access under section 7 of this Act.
    (b) No Major Federal Action; Undertaking.--No action taken pursuant 
to this section shall be considered--
            (1) a major Federal action under the National Environmental 
        Policy Act (42 U.S.C. 4321 et seq.); or
            (2) an undertaking under the National Historic Preservation 
        Act (54 U.S.C. 300101 et seq.).
    (c) No Appraisal or Valuation.--Notwithstanding any other law, no 
appraisal or other valuation shall be required to carry out the 
provisions of this section.

SEC. 7. RIGHTS OF ACCESS AND EASEMENTS.

    The Navajo Indian Reservation and the San Juan Southern Paiute 
Reservation shall be subject to the rights of access and easements as 
identified in the Treaty.

SEC. 8. SURVEYING AND FENCING OF LAND.

    (a) Requirement.--The Secretary is directed to--
            (1) complete a survey and legal description of the boundary 
        lines to establish the boundaries of the San Juan Southern 
        Paiute Reservation, not later than 18 months after the date of 
        the enactment of this Act;
            (2) officially file the survey plat in the appropriate 
        office of the Department of the Interior;
            (3) mark and fence the lands as described in article V of 
        the Treaty, where feasible; and
            (4) study the feasibility of an access road to the San Juan 
        Paiute Southern Area from U.S. Route 89, as described in 
        article XI of the Treaty.
    (b) Legal Descriptions.--
            (1) In general.--The legal descriptions published in 
        accordance with subsection (b) shall be considered the official 
        legal description of the San Juan Southern Paiute Reservation 
        and shall have the same force and effect as if included in this 
        Act.
            (2) Publication.--Upon completion of the surveys under 
        subsection (a), the Secretary shall publish in the Federal 
        Register a legal description of the lands comprising the San 
        Juan Southern Paiute Reservation.
            (3) Corrections.--The Secretary may make minor corrections 
        to correct technical and clerical errors in the legal 
        descriptions.

SEC. 9. REPEAL OF PAIUTE ALLOTMENT PROCEDURES.

    Section 9 of Public Law 93-531 (88 Stat. 1716, formerly codified at 
25 U.S.C. 640d-8) is repealed.

SEC. 10. WATER RIGHTS.

    (a) In General.--Except as provided in the Treaty, nothing in this 
Act shall affect any water rights, in existence on the date of the 
enactment of this Act, appurtenant to the lands of the San Juan Paiute 
Northern Area and the San Juan Paiute Southern Area.
    (b) Transfer of Water Rights.--As authorized by article XV of the 
Treaty, the establishment of the San Juan Southern Paiute Reservation 
from lands within the Navajo Indian Reservation shall include the 
transfer of any water rights appurtenant to those lands, including the 
priority dates associated with such rights.
    (c) Rights Held in Trust.--The water rights for the San Juan 
Southern Paiute Reservation shall be held by the United States in trust 
for the San Juan Southern Paiute Tribe.
    (d) Claims by the United States.--The United States, as trustee for 
the San Juan Southern Paiute Tribe, shall take all necessary steps to 
quantify the water rights appurtenant to the San Juan Southern Paiute 
Reservation for the benefit of the San Juan Southern Paiute Tribe.
    (e) Water Rights for the San Juan Paiute Northern Area.--
            (1) Right to water service.--The San Juan Southern Paiute 
        Tribe shall have the right to water service for the San Juan 
        Paiute Northern Area for domestic uses on a pro rata and non-
        discriminatory basis as described in article XIV of the Treaty.
            (2) No objection by the navajo nation.--The Navajo Nation 
        shall not object to the quantification of water rights 
        appurtenant to the San Juan Paiute Northern Area consistent 
        with and limited to the following:
                    (A) The San Juan Southern Paiute Tribe shall have 
                the right to divert all surface waters arising on or 
                flowing across the San Juan Paiute Northern Area for 
                any purpose consistent with this Act or the Treaty.
                    (B) The San Juan Southern Paiute Tribe shall have 
                the right to pump groundwater beneath the San Juan 
                Paiute Northern Area for domestic or stock-watering 
                uses.
    (f) Lawful Uses.--The San Juan Southern Paiute Tribe and the Navajo 
Nation shall not object to uses of water consistent with the rights 
decreed to either Tribe.
    (g) Accounting.--The United States, on behalf of the San Juan 
Southern Paiute Tribe, shall provide the Navajo Nation with an annual 
accounting of the depletions associated with the use of water on the 
San Juan Paiute Northern Area, and the depletions associated with those 
uses shall be accounted for as a depletion by the Navajo Nation for 
purposes of depletion accounting.
    (h) Water Rights for the San Juan Paiute Southern Area.--Until the 
water rights to the San Juan Paiute Southern Area are adjudicated, the 
San Juan Southern Paiute Tribe shall limit its water use on the San 
Juan Paiute Southern Area to no more than 300 acre-feet annually from a 
combination of groundwater and water from springs and washes.

SEC. 11. PUBLICATION; JURISDICTION.

    (a) Publication.--In accordance with article VI of the Treaty, the 
Secretary shall publish in the Federal Register separate notices of 
completion of fencing or boundary marking upon completion of fencing or 
boundary marking of--
            (1) the San Juan Northern Area; and
            (2) the San Juan Southern Area.
    (b) Jurisdiction.--Upon publication in the Federal Register under 
either subsection (a)(1) or subsection (a)(2)--
            (1) the San Juan Southern Paiute Tribe shall have full 
        jurisdiction over all matters within that area of the San Juan 
        Southern Paiute Reservation to the fullest extent permitted by 
        Federal law; and
            (2) the Navajo Nation shall no longer have jurisdiction 
        over matters occurring within that area of the San Juan 
        Southern Paiute Reservation except as agreed to by the Navajo 
        Nation and the San Juan Southern Paiute Tribe.

SEC. 12. CONSTRUCTION OF LAW.

    The San Juan Southern Paiute Tribe shall--
            (1) be recognized as a Tribe of Indians within the purview 
        of the Act of June 18, 1934, as amended (25 U.S.C. 5101 et 
        seq.); and
            (2) be subject to all of the provisions thereof.
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