rights-of-way or expansions of existing rights-
of-way for roads, utilities, and other accom-
modations to adjoining landowners if—
(i) the proposed right-of-way is nec-
essary 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 acquisi-
tion will comply with the procedures in 
part 169 of title 25, Code of Federal Regu-
lations, not inconsistent with this sub-
section and other generally applicable Fed-
eral laws unrelated to the acquisition of in-
terests across trust lands. 
(B) ALTERNATIVES.—If the criteria de-
scribed in clauses (i) through (iii) of subpara-
graph (A) are not met, the Secretary may pro-
pose an alternative right-of-way, or other ac-
commodation 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 Settle-
ment 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 para-
graph 5.3 of the Settlement Agreement (recognizing the 
Zuni Tribe’s use of 1,500 acre-feet per annum of ground-
water) this Act and the Settlement Agreement do not cre-
ate 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 ab-
stract, agreement, or stipulation prepared under the Set-
tlement Agreement. Notwithstanding the preceding sen-
tence, 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 In-
dian tribe, band, or community, other than the Zuni In-
dian Tribe. 
(g) NO MAJOR FEDERAL ACTION.—
(1) IN GENERAL.—Execution of the Settlement 
Agreement by the Secretary as provided for in sec-
tion 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 
imple-
menting 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 AU-
THORIZATIONS. 
(a) IN GENERAL.—The waiver and release authoriza-
tions 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 ap-
proved by the parties in paragraph 3.1.A of the Set-
tlement 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 Set-
tlement 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 Set-
tlement 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 Set-
tlement Agreement, all the parties to the Settlement
Agreement have agreed and stipulated to certain Ar-
izona Game and Fish abstracts of water uses. 
(8) Pursuant to subparagraph 3.1.G of the Set-
tlement Agreement, all parties to the Settlement 
Agreement have agreed to the location of an obser-
vation well and that well has been installed. 
(9) Pursuant to subparagraph 3.1.H of the Set-
tlement 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 Res-
ervation described as Section 34, Township 14 
North, Range 26 East, Gila and Salt River Base 
and Meridian. 
(11) The Settlement Agreement has been modi-
fied 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 ap-
proved the Settlement Agreement by a final judg-
ment and decree.