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rial to the effective date of this Act. Notwithstanding the
foregoing, nothing in this Act shall be—
(1) deemed to recognize or establish any right
of a member of the Shivwits Band to water on the
Shivwits Reservation; or
(2) interpreted or construed to prevent or pro-
hibit the Shivwits Band from participating in the fu-
ture in other water projects, or from purchasing ad-
ditional water rights for their benefit and use, to the
same extent as any other entity.
(b) WAIVER AND RELEASE.—By the approval, ratifi-
cation, and confirmation herein of the St. George Water
Reuse Project Agreement, the Santa Clara Project Agree-
ment, and the Settlement Agreement, the United States
executes the following waiver and release in conjunction
with the Reservation of Rights and Retention of Claims
set forth in the Settlement Agreement, to be effective upon
satisfaction of the conditions set forth in section 14 of this
Act. Except as otherwise provided in the Settlement
Agreement, this Act, or the proposed judgment and decree
referred to in section 14(a)(7) of this Act, the United
States, on behalf of the Shivwits Band and the Paiute In-
dian Tribe of Utah acting on behalf of the Shivwits Band,
waives and releases the following:
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(1) All claims for water rights or injuries to
water rights for lands within the Shivwits Reserva-
tion that accrued at any time up to and including
the effective date determined by section 14 of this
Act, and any continuation thereafter of any of these
claims, that the United States for the benefit of the
Shivwits Band may have against Utah, any agency
or political subdivision thereof, or any person, entity,
corporation, or municipal corporation.
(2) All claims for water rights or injuries to
water rights for lands outside of the Shivwits Res-
ervation, where such claims are based on aboriginal
occupancy of the Shivwits Band, its members, or
their predecessors, that accrued at any time up to
and including the effective date determined by sec-
tion 14 of this Act, and any continuation thereafter
of any of these claims, that the United States for
the benefit of the Shivwits Band may have against
Utah, any agency or political subdivision thereof, or
any person, entity, corporation, or municipal cor-
poration.
(3) All claims for trespass to lands on the
Shivwits Reservation regarding the use of Ivins Res-
ervoir that accrued at any time up to and including
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the effective date determined by section 14 of this
Act.
(c) DEFINITIONS.—For purposes of this section—
(1) ‘‘water rights’’ means rights under State
and Federal law to divert, pump, impound, use, or
reuse, or to permit others to divert, pump, impound,
use or reuse water; and
(2) ‘‘injuries to water rights’’ means the loss,
deprivation, or diminution of water rights.
(d) SAVINGS PROVISION.—In the event the waiver
and release contained in subsection (b) of this section do
not become effective pursuant to section 14, the Shivwits
Band and the United States shall retain the right to assert
past and future water rights claims as to all lands of the
Shivwits Reservation, and the water rights claims and de-
fenses of all other parties to the agreements shall also be
retained.
SEC. 10. WATER RIGHTS AND HABITAT ACQUISITION PRO-
GRAM.
(a) IN GENERAL.—The Secretary is authorized to es-
tablish a water rights and habitat acquisition program in
the Virgin River Basin—
(1) primarily for the benefit of native plant and
animal species in the Santa Clara River Basin which
have been listed, are likely to be listed, or are the
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subject of a duly approved conservation agreement
under the Endangered Species Act; and
(2) secondarily for the benefit of native plant
and animal species in other parts of the Virgin River
Basin which have been listed, are likely to be listed,
or are the subject of a duly approved conservation
agreement under the Endangered Species Act.
(b) WATER AND WATER RIGHTS.—The Secretary is
authorized to acquire water and water rights, with or with-
out the lands to which such rights are appurtenant, and
to acquire shares in irrigation and water companies, and
to transfer, hold, and exercise such water and water rights
and related interests to assist the conservation and recov-
ery of any native plant or animal species described in sub-
section (a).
(c) REQUIREMENTS.—Acquisition of the water rights
and related interests pursuant to this section shall be sub-
ject to the following requirements:
(1) Water rights acquired must satisfy eligi-
bility criteria adopted by the Secretary.
(2) Water right purchases shall be only from
willing sellers, but the Secretary may target pur-
chases in areas deemed by the Secretary to be most
beneficial to the water rights acquisition program es-
tablished by this section.
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(3) All water rights shall be transferred and ad-
ministered in accordance with any applicable State
law.
(d) HABITAT PROPERTY.—The Secretary is author-
ized to acquire, hold, and transfer habitat property to as-
sist the conservation and recovery of any native plant or
animal species described in section 10(a). Acquisition of
habitat property pursuant to this section shall be subject
to the following requirements:
(1) Habitat property acquired must satisfy eli-
gibility criteria adopted by the Secretary.
(2) Habitat property purchases shall be only
from willing sellers, but the Secretary may target
purchases in areas deemed by the Secretary to be
most beneficial to the habitat acquisition program
established by this section.
(e) CONTRACT.—The Secretary is authorized to ad-
minister the water rights and habitat acquisition program
by contract or agreement with a non-Federal entity which
the Secretary determines to be qualified to administer
such program. The water rights and habitat acquisition
program shall be administered pursuant to the Virgin
River Resource Management and Recovery Program.
(f) AUTHORIZATION.—There is authorized to be ap-
propriated from the Land and Water Conservation Fund
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for fiscal years prior to the fiscal year 2004, a total of
$3,000,000 for the water rights and habitat acquisition
program authorized in this section. The Secretary is au-
thorized to deposit and maintain this appropriation in an
interest bearing account, said interest to be used for the
purposes of this section. The funds authorized to be appro-
priated by this section shall not be in lieu of or supersede
any other commitments by Federal, State, or local agen-
cies. The funds appropriated pursuant to this section shall
be available until expended, and shall not be expended for
the purpose set forth in subsection (a)(2) until the Sec-
retary has evaluated the effectiveness of the instream flow
required and provided by the Santa Clara Project Agree-
ment, and has assured that the appropriations authorized
in this section are first made available for the purpose set
forth in subsection (a)(1).
SEC. 11. SHIVWITS BAND TRUST FUND.
(a) ESTABLISHMENT OF TRUST FUND.—There is es-
tablished in the Treasury of the United States a fund to
be known as the ‘‘Shivwits Band Trust Fund’’ (herein-
after called the ‘‘Trust Fund’’). The Secretary shall de-
posit into the Trust Fund the funds authorized to be ap-
propriated in subsections (b) and (c). Except as otherwise
provided in this Act, the Trust Fund principal and any
income accruing thereon shall be managed in accordance
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with the American Indian Trust Fund Management Re-
form Act (108 Stat. 4239; 25 U.S.C. 4001 et seq.).
(b) AUTHORIZATION.—There is authorized to be ap-
propriated a total of $20,000,000, for fiscal years prior
to the fiscal year 2004 for the following purposes:
(1) $5,000,000, which shall be made available
to the Shivwits Band from the Trust Fund for pur-
poses including but not limited to those that would
enable the Shivwits Band to put to beneficial use all
or part of the Shivwits Water Right, to defray the
costs of any water development project in which the
Shivwits Band is participating, or to undertake any
other activity that may be necessary or desired for
implementation of the St. George Water Reuse
Project Agreement, the Santa Clara Project Agree-
ment, the Settlement Agreement, or for economic de-
velopment on the Shivwits Reservation.
(2) $15,000,000, which shall be made available
by the Secretary and the Shivwits Band to St.
George for the St. George Water Reuse Project, in
accordance with the St. George Water Reuse Project
Agreement.
(c) SHARE OF CERTAIN COSTS.—There is authorized
to be appropriated to the Trust Fund in fiscal years prior
to the fiscal year 2004 a total of $1,000,000 to assist with
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the Shivwits Band’s proportionate share of operation,
maintenance, repair, and replacement costs of the Santa
Clara Project as provided for in the Santa Clara Project
Agreement.
(d) USE
OF
THE TRUST FUND.—Except for the
$15,000,000 appropriated pursuant to subsection (b)(2),
all Trust Fund principal and income accruing thereon may
be used by the Shivwits Band for the purposes described
in subsections (b)(1) and (c). The Shivwits Band, with the
approval of the Secretary, may withdraw the Trust Fund
and deposit it in a mutually agreed upon private financial
institution. That withdrawal shall be made pursuant to the
American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.). If the Shivwits Band exer-
cises its right pursuant to this subsection to withdraw the
Trust Fund and deposit it in a private financial institu-
tion, except as provided in the withdrawal plan, neither
the Secretary nor the Secretary of the Treasury shall re-
tain any oversight over or liability for the accounting, dis-
bursement, or investment of the funds.
(e) NO PER CAPITA PAYMENTS.—No part of the
principal of the Trust Fund, or of the income accruing
thereon, or of any revenue generated from any water use
subcontract, shall be distributed to any member of the
Shivwits Band on a per capita basis.
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(f) LIMITATION.—The moneys authorized to be ap-
propriated under subsections (b) and (c) shall not be avail-
able for expenditure or withdrawal by the Shivwits Band
until the requirements of section 14 have been met so that
the decree has become final and the waivers and releases
executed pursuant to section 9(b) have become effective.
Once the settlement becomes effective pursuant to the
terms of section 14 of this Act, the assets of the Trust
Fund belong to the Shivwits Band and are not returnable
to the United States Government.
SEC. 12. ENVIRONMENTAL COMPLIANCE.
(a) NATIONAL
ENVIRONMENTAL
POLICY
ACT.—
Signing by the Secretary of the St. George Water Reuse
Project Agreement, the Santa Clara Project Agreement,
or the Settlement Agreement does not constitute major
Federal action under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(b) OTHER REQUIREMENTS.—The Secretary shall
comply with all aspects of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other
applicable environmental laws in implementing the terms
of the St. George Water Reuse Agreement, the Santa
Clara Project Agreement, the Settlement Agreement, and
this Act.
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SEC. 13. MISCELLANEOUS PROVISIONS.
(a) OTHER INDIAN TRIBES.—Nothing in the Settle-
ment Agreement or this Act shall be construed in any way
to quantify or otherwise adversely affect the land and
water rights, claims, or entitlements to water of any In-
dian tribe, pueblo, or community, other than the Shivwits
Band and the Paiute Indian Tribe of Utah acting on be-
half of the Shivwits Band.
(b) PRECEDENT.—Nothing in this Act shall be con-
strued or interpreted as a precedent for the litigation of
reserved water rights or the interpretation or administra-
tion of future water settlement Acts.
(c) WAIVER OF SOVEREIGN IMMUNITY.—Except to
the extent provided in subsections (a), (b), and (c) of sec-
tion 208 of the Department of Justice Appropriation Act,
1953 (43 U.S.C. 666), nothing in this Act may be con-
strued to waive the sovereign immunity of the United
States. Furthermore, the submission of any portion of the
Settlement Agreement to the District Court in the Virgin
River Adjudication shall not expand State court jurisdic-
tion or expand in any manner the waiver of sovereign im-
munity of the United States in section 666 of title 43,
United States Code, or any other provision of Federal law.
(d) APPRAISALS.—Notwithstanding any other law to
the contrary, the Secretary is authorized to approve any
right-of-way appraisal which has been completed in ac-
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cordance with the provisions of the Santa Clara Project
Agreement.
SEC. 14. EFFECTIVE DATE.
(a) IN GENERAL.—The waiver and release contained
in section 9(b) of this Act shall become effective as of the
date the Secretary causes to be published in the Federal
Register a statement of findings that—
(1) the funds authorized by sections 11(b) and
11(c) have been appropriated and deposited into the
Trust Fund;
(2) the funds authorized by section 10(f) have
been appropriated;
(3) the St. George Water Reuse Project Agree-
ment has been modified to the extent it is in conflict
with this Act and is effective and enforceable accord-
ing to its terms;
(4) the Santa Clara Project Agreement has
been modified to the extent it is in conflict with this
Act and is effective and enforceable according to its
terms;
(5) the Settlement Agreement has been modi-
fied to the extent it is in conflict with this Act and
is effective and enforceable according to its terms;
(6) the State Engineer of Utah has taken all
actions and approved all applications necessary to
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implement the provisions of the St. George Water
Reuse Agreement, the Santa Clara Project Agree-
ment, and the Settlement Agreement, from which no
further appeals may be taken; and
(7) the court has entered a judgment and de-
cree confirming the Shivwits Water Right in the Vir-
gin River Adjudication pursuant to Utah Rule of
Civil Procedure 54(b), that confirms the Shivwits
Water Right and is final as to all parties to the
Santa Clara Division of the Virgin River Adjudica-
tion and from which no further appeals may be
taken, which the United States and Utah find is
consistent in all material aspects with the Settlement
Agreement and with the proposed judgment and de-
cree agreed to by the parties to the Settlement
Agreement.
(b) DEADLINE.—If the requirements of paragraphs
(1) through (7) of subsection (a) are not completed to
allow the Secretary’s statement of findings to be published
by December 31, 2003—
(1) except as provided in section 9(d), this Act
shall be of no further force and effect; and
(2) all unexpended funds appropriated under
section 11(b) and (c), together with all interest
earned on such funds shall revert to the general
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fund of the United States Treasury on October 1,
2004.
Passed the House of Representatives July 25, 2000.
Attest:
JEFF TRANDAHL,
Clerk.