H. R. 3291—8
water and water rights and related interests to assist the conserva-
tion and recovery of any native plant or animal species described
in subsection (a).
(c) REQUIREMENTS.—Acquisition of the water rights and related
interests pursuant to this section shall be subject to the following
requirements:
(1) Water rights acquired must satisfy eligibility criteria
adopted by the Secretary.
(2) Water right 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 water rights acquisi-
tion program established by this section.
(3) All water rights shall be transferred and administered
in accordance with any applicable State law.
(d) HABITAT PROPERTY.—The Secretary is authorized to acquire,
hold, and transfer habitat property to assist 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 eligibility cri-
teria 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 administer the
water rights and habitat acquisition program by contract or agree-
ment 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 appropriated
from the Land and Water Conservation Fund 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 authorized 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 appropriated
by this section shall not be in lieu of or supersede any other
commitments by Federal, State, or local agencies. The funds appro-
priated 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 Secretary has evaluated the effectiveness of the
instream flow required and provided by the Santa Clara Project
Agreement, 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 established in
the Treasury of the United States a fund to be known as the
‘‘Shivwits Band Trust Fund’’ (hereinafter called the ‘‘Trust Fund’’).
The Secretary shall deposit into the Trust Fund the funds author-
ized to be appropriated in subsections (b) and (c). Except as other-
wise provided in this Act, the Trust Fund principal and any income
accruing thereon shall be managed in accordance with the American
H. R. 3291—9
Indian Trust Fund Management Reform Act (108 Stat. 4239; 25
U.S.C. 4001 et seq.).
(b) AUTHORIZATION.—There is authorized to be appropriated
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 purposes 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 Agree-
ment, the Santa Clara Project Agreement, the Settlement
Agreement, or for economic development on the Shivwits Res-
ervation.
(2) $15,000,000, which shall be made available by the Sec-
retary 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 appro-
priated to the Trust Fund in fiscal years prior to the fiscal year
2004 a total of $1,000,000 to assist with the Shivwits Band’s propor-
tionate 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 Amer-
ican Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.). If the Shivwits Band exercises its right pursuant
to this subsection to withdraw the Trust Fund and deposit it in
a private financial institution, except as provided in the withdrawal
plan, neither the Secretary nor the Secretary of the Treasury shall
retain any oversight over or liability for the accounting, disburse-
ment, 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 distrib-
uted to any member of the Shivwits Band on a per capita basis.
(f ) LIMITATION.—The moneys authorized to be appropriated
under subsections (b) and (c) shall not be available 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 pursu-
ant 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
H. R. 3291—10
Santa Clara Project Agreement, or the Settlement Agreement does
not constitute major Federal action under the National Environ-
mental 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.
SEC. 13. MISCELLANEOUS PROVISIONS.
(a) OTHER INDIAN TRIBES.—Nothing in the Settlement Agree-
ment 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 Indian tribe, pueblo, or community,
other than the Shivwits Band and the Paiute Indian Tribe of
Utah acting on behalf of the Shivwits Band.
(b) PRECEDENT.—Nothing in this Act shall be construed or
interpreted as a precedent for the litigation of reserved water rights
or the interpretation or administration of future water settlement
Acts.
(c) WAIVER OF SOVEREIGN IMMUNITY.—Except to the extent
provided in subsections (a), (b), and (c) of section 208 of the Depart-
ment of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing
in this Act may be construed 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 jurisdiction or
expand in any manner the waiver of sovereign immunity 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 con-
trary, the Secretary is authorized to approve any right-of-way
appraisal which has been completed in accordance with the provi-
sions 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 appro-
priated;
(3) the St. George Water Reuse Project Agreement has
been modified to the extent it is in conflict with this Act
and is effective and enforceable according 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 modified to the
extent it is in conflict with this Act and is effective and enforce-
able according to its terms;
(6) the State Engineer of Utah has taken all actions and
approved all applications necessary to implement the provisions
of the St. George Water Reuse Agreement, the Santa Clara
H. R. 3291—11
Project Agreement, and the Settlement Agreement, from which
no further appeals may be taken; and
(7) the court has entered a judgment and decree confirming
the Shivwits Water Right in the Virgin 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 Adjudication 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 decree agreed to by the parties to the Settlement Agree-
ment.
(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 fund of the United States Treasury on
October 1, 2004.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.