I
107TH CONGRESS
2D SESSION
H. R. 5163
To approve the settlement of the water rights claims of the Zuni Indian
Tribe in Apache County, Arizona, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 18, 2002
Mr. HAYWORTH (for himself and Mr. PASTOR) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To approve the settlement of the water rights claims of
the Zuni Indian Tribe in Apache County, Arizona, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Zuni Indian Tribe
Water Rights Settlement Act of 2002’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) It is the policy of the United States, in
keeping with its trust responsibility to Indian tribes,
to promote Indian self-determination, religious free-
dom, political and cultural integrity, and economic
self-sufficiency, and to settle, wherever possible, the
water rights claims of Indian tribes without lengthy
and costly litigation.
(2) Quantification of rights to water and devel-
opment of facilities needed to use tribal water sup-
plies effectively is essential to the development of
viable Indian reservation communities, particularly
in arid western States.
(3) On August 28, 1984, and by actions subse-
quent thereto, the United States established a res-
ervation for the Zuni Indian Tribe in Apache Coun-
ty, Arizona, upstream from the confluence of the
Little Colorado and Zuni Rivers for long-standing
religious and sustenance activities.
(4) The water rights of all water users in the
Little Colorado River basin in Arizona have been in
litigation since 1979, in the Superior Court of the
State of Arizona in and for the County of Apache
in Civil No. 6417, In re The General Adjudication
of All Rights to Use Water in the Little Colorado
River System and Source.
(5) Recognizing that the final resolution of the
Zuni Indian Tribe’s water claims through litigation
will take many years and entail great expense to all
parties, continue to limit the Tribe’s access to water
with economic, social, and cultural consequences to
the Tribe, prolong uncertainty as to the availability
of water supplies, and seriously impair the long-term
economic planning and development of all parties,
the Tribe and neighboring non-Indians have sought
to settle their disputes to water and reduce the bur-
dens of litigation.
(6) After more than 4 years of negotiations,
which included participation by representatives of
the United States, the Zuni Indian Tribe, the State
of Arizona, and neighboring non-Indian communities
in the Little Colorado River basin, the parties have
entered into a Settlement Agreement to resolve all of
the Zuni Indian Tribe’s water rights claims and to
assist the Tribe in acquiring surface water rights, to
provide for the Tribe’s use of groundwater, and to
provide for the wetland restoration of the Tribe’s
lands in Arizona.
(7) To facilitate the wetland restoration project
contemplated under the Settlement Agreement, the
Zuni Indian Tribe acquired certain lands along the
Little Colorado River near or adjacent to its Res-
ervation that are important for the success of the
project and will likely acquire a small amount of
similarly situated additional lands. The parties have
agreed not to object to the United States taking title
to certain of these lands into trust status; other
lands shall remain in tribal fee status. The parties
have worked extensively to resolve various govern-
mental concerns regarding use of and control over
those lands, and to provide a successful model for
these types of situations, the State, local, and tribal
governments intend to enter into an Intergovern-
mental Agreement that addresses the parties’ gov-
ernmental concerns.
(8) Pursuant to the Settlement Agreement, the
neighboring non-Indian entities will assist in the
Tribe’s acquisition of surface water rights and devel-
opment of groundwater, store surface water supplies
for the Zuni Indian Tribe, and make substantial ad-
ditional contributions to carry out the Settlement
Agreement’s provisions.
(9) To advance the goals of Federal Indian pol-
icy and consistent with the trust responsibility of the
United States to the Tribe, it is appropriate that the
United States participate in the implementation of
the Settlement Agreement and contribute funds for
the rehabilitation of religious riparian areas and
other purposes to enable the Tribe to use its water
entitlement in developing its Reservation.
(b) PURPOSES.—The purposes of this Act are—
(1) to approve, ratify, and confirm the Settle-
ment Agreement entered into by the Tribe and
neighboring non-Indians;
(2) to authorize and direct the Secretary of the
Interior to execute and perform the Settlement
Agreement and related waivers;
(3) to authorize and direct the United States to
take legal title and hold such title to certain lands
in trust for the benefit of the Zuni Indian Tribe; and
(4) to authorize the actions, agreements, and
appropriations as provided for in the Settlement
Agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) EASTERN LCR BASIN.—The term ‘‘Eastern
LCR basin’’ means the portion of the Little Colo-
rado River basin in Arizona upstream of the con-
fluence of Silver Creek and the Little Colorado
River, as identified on Exhibit 2.10 of the Settle-
ment Agreement.
(2) FUND.—The term ‘‘Fund’’ means the Zuni
Indian Tribe Water Rights Development Fund es-
tablished by section 6(a).
(3) INTERGOVERNMENTAL
AGREEMENT.—The
term ‘‘Intergovernmental Agreement’’ means the
intergovernmental agreement among the Zuni Indian
Tribe, Apache County, Arizona, and the State of Ar-
izona, described in Article 6 of the Settlement
Agreement.
(4) PUMPING PROTECTION AGREEMENT.—The
term ‘‘Pumping Protection Agreement’’ means an
agreement, described in Article 5 of the Settlement
Agreement, among the Zuni Tribe, the United
States on behalf of the Tribe, and a local landowner
under which the landowner agrees to limit pumping
of groundwater on his lands in exchange for a waiv-
er of certain claims by the Zuni Tribe and the
United States on behalf of the Tribe.
(5) RESERVATION; ZUNI
HEAVEN
RESERVA-
TION.—The term ‘‘Reservation’’ or ‘‘Zuni Heaven
Reservation’’, also referred to as ‘‘Kolhu:wala:wa’’,
means the following property in Apache County, Ari-
zona: Sections 26, 27, 28, 33, 34, and 35, Township
15 North, Range 26 East, Gila and Salt River Base
and Meridian; and Sections 2, 3, 4, 9, 10, 11, 13,
14, 15, 16, 23, 26, and 27, Township 14 North,
Range 26 East, Gila and Salt River Base and Me-
ridian.
(6) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(7) 
SETTLEMENT
AGREEMENT.—The 
term
‘‘Settlement Agreement’’ means that agreement
dated June 7, 2002, together with all exhibits there-
to. The parties to the Settlement Agreement include
the Zuni Indian Tribe and its members, the United
States on behalf of the Tribe and its members, the
State of Arizona, the Arizona Game and Fish Com-
mission, the Arizona State Land Department, the
Arizona State Parks Board, the St. Johns Irrigation
and Ditch Co., the Lyman Water Co., the Round
Valley Water Users’ Association, the Salt River
Project Agricultural Improvement and Power Dis-
trict, the Tucson Electric Power Company, the City
of St. Johns, the Town of Eagar, and the Town of
Springerville.
(8) SRP.—The term ‘‘SRP’’ means the Salt
River Project Agricultural Improvement and Power
District, a political subdivision of the State of Ari-
zona.
(9) TEP.—The term ‘‘TEP’’ means Tucson
Electric Power Company.
(10) TRIBE, ZUNI
TRIBE, OR
ZUNI
INDIAN
TRIBE.—The terms ‘‘Tribe’’, ‘‘Zuni Tribe’’, or ‘‘Zuni
Indian Tribe’’ means the body politic and federally
recognized Indian nation, and its members.
(11) ZUNI
LANDS.—The term ‘‘Zuni Lands’’
means all the following lands in the State of Arizona
that, on the effective date described in section 9(a),
are—
(A) within the Zuni Heaven Reservation;
(B) held in trust by the United States for
the benefit of the Tribe or its members; or
(C) held in fee by or for the Tribe.
SEC. 4. AUTHORIZATION, RATIFICATIONS, AND CONFIRMA-
TIONS.
(a) SETTLEMENT AGREEMENT.—To the extent the
Settlement Agreement does not conflict with the provi-
sions of this Act, such Settlement Agreement is hereby
approved, ratified, confirmed, and declared to be valid.
The Secretary is authorized and directed to execute the
Settlement Agreement and any amendments approved by
the parties necessary to make the Settlement Agreement
consistent with this Act. The Secretary is further author-
ized to perform any actions required by the Settlement
Agreement and any amendments to the Settlement Agree-
ment that may be mutually agreed upon by the parties
to the Settlement Agreement.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Zuni Indian Tribe
Water Rights Development Fund established in section
6(a), $19,250,000, to be allocated by the Secretary as fol-
lows:
(1) $3,500,000 for fiscal year 2004, to be used
for the acquisition of water rights and associated
lands and other activities carried out by the Zuni
Tribe to facilitate the enforceability of the Settle-
ment Agreement, including the acquisition of at
least 2,350 acre-feet per year of water rights before
the deadline described in section 9(b).
(2) $15,750,000, of which $5,250,000 shall be
made available for each of fiscal years 2004, 2005,
and 2006, to take actions necessary to restore, reha-
bilitate, and maintain the Zuni Heaven Reservation,
including the Sacred Lake, wetlands, and riparian
areas as provided for in the Settlement Agreement
and under this Act.
(c) OTHER AGREEMENTS.—Except as provided in
section 9, the following 3 separate agreements, together
with all amendments thereto, are approved, ratified, con-
firmed, and declared to be valid:
(1) The agreement among SRP, the Zuni Tribe,
and the United States on behalf of the Tribe, dated
June 7, 2002.
(2) The agreement among TEP, the Zuni
Tribe, and the United States on behalf of the Tribe,
dated June 7, 2002.
(3) The agreement among the Arizona State
Land Department, the Zuni Tribe, and the United
States on behalf of the Tribe, dated June 7, 2002.
SEC. 5. TRUST LANDS.
(a) NEW TRUST LANDS.—Upon satisfaction of the
conditions in paragraph 6.2 of the Settlement Agreement,
and after the requirements of section 9(a) have been met,
the Secretary shall take the legal title of the following
lands into trust for the benefit of the Zuni Tribe:
(1) In T. 14 N., R. 27 E., Gila and Salt River
Base and Meridian:
(A) Section 13: SW1⁄4, S1⁄2NE1⁄4SE1⁄4,
W1⁄2SE1⁄4, SE1⁄4SE1⁄4;
(B) 
Section 
23: 
N1⁄2, 
N1⁄2SW1⁄4,
N1⁄2SE1⁄4, 
SE1⁄4SE1⁄4, 
N1⁄2SW1⁄4SE1⁄4,
SE1⁄4SW1⁄4SE1⁄4;
(C) Section 24: NW1⁄4, SW1⁄4, S1⁄2NE1⁄4,
N1⁄2SE1⁄4; and
(D) Section 25: N1⁄2NE1⁄4, SE1⁄4NE1⁄4,
NE1⁄4SE1⁄4.
(2) In T. 14 N., R. 28 E., Gila and Salt River
Base and Meridian:
(A) 
Section 
19: 
W1⁄2E1⁄2NW1⁄4,
W1⁄2NW1⁄4, 
W1⁄2NE1⁄4SW1⁄4, 
NW1⁄4SW1⁄4,
S1⁄2SW1⁄4;
(B) 
Section 
29: 
SW1⁄4SW1⁄4NW1⁄4,
NW1⁄4NW1⁄4SW1⁄4, S1⁄2N1⁄2SW1⁄4, S1⁄2SW1⁄4,
S1⁄2NW1⁄4SE1⁄4, SW1⁄4SE1⁄4;
(C) Section 30: W1⁄2, SE1⁄4; and
(D) Section 31: N1⁄2NE1⁄4, N1⁄2S1⁄2NE1⁄4,
S1⁄2SE1⁄4NE1⁄4, 
NW1⁄4, 
E1⁄2SW1⁄4,
N1⁄2NW1⁄4SW1⁄4, 
SE1⁄4NW1⁄4SW1⁄4,
E1⁄2SW1⁄4SW1⁄4, SW1⁄4SW1⁄4SW1⁄4.
(b) FUTURE TRUST LANDS.—Upon satisfaction of
the conditions in paragraph 6.2 of the Settlement Agree-
ment, after the requirements of section 9(a) have been
met, and upon acquisition by the Zuni Tribe, the Sec-
retary shall take the legal title of the following lands into
trust for the benefit of the Zuni Tribe:
(1) In T. 14 N., R. 26E., Gila and Salt River
Base 
and 
Meridian: 
Section 
25: 
N1⁄2NE1⁄4,
N1⁄2S1⁄2NE1⁄4, 
NW1⁄4, 
N1⁄2NE1⁄4SW1⁄4,
NE1⁄4NW1⁄4SW1⁄4.
(2) In T. 14 N., R. 27 E., Gila and Salt River
Base and Meridian:
(A) Section 14: SE1⁄4SW1⁄4, SE1⁄4;
(B) Section 16: S1⁄2SW1⁄4SE1⁄4;
(C) Section 19: S1⁄2SE1⁄4SE1⁄4;
(D) 
Section 
20: 
S1⁄2SW1⁄4SW1⁄4,
E1⁄2SE1⁄4SE1⁄4;
(E) 
Section 
21: 
N1⁄2NE1⁄4,
E1⁄2NE1⁄4NW1⁄4, SE1⁄4NW1⁄4, W1⁄2SW1⁄4NE1⁄4,
N1⁄2NE1⁄4SW1⁄4, 
SW1⁄4NE1⁄4SW1⁄4,
E1⁄2NW1⁄4SW1⁄4, 
SW1⁄4NW1⁄4SW1⁄4,
W1⁄2SW1⁄4SW1⁄4;
(F) 
Section 
22: 
SW1⁄4NE1⁄4NE1⁄4,
NW1⁄4NE1⁄4, 
S1⁄2NE1⁄4, 
N1⁄2NW1⁄4,
SE1⁄4NW1⁄4, 
N1⁄2SW1⁄4NW1⁄4,
SE1⁄4SW1⁄4NW1⁄4, 
N1⁄2N1⁄2SE1⁄4,
N1⁄2NE1⁄4SW1⁄4;
(G) Section 24: N1⁄2NE1⁄4, S1⁄2SE1⁄4;
(H) Section 29: N1⁄2N1⁄2;
(I) Section 30: N1⁄2N1⁄2, N1⁄2S1⁄2NW1⁄4,
N1⁄2SW1⁄4NE1⁄4; and
(J) 
Section 
36: 
SE1⁄4SE1⁄4NE1⁄4,
NE1⁄4NE1⁄4SE1⁄4.
(3) In T. 14 N., R. 28 E., Gila and Salt River
Base and Meridian:
(A) Section 18: S1⁄2NE1⁄4, NE1⁄4SW1⁄4,
NE1⁄4NW1⁄4SW1⁄4, S1⁄2NW1⁄4SW1⁄4, S1⁄2SW1⁄4,
N1⁄2SE1⁄4, N1⁄2SW1⁄4SE1⁄4, SE1⁄4SE1⁄4;
(B) 
Section 
30: 
S1⁄2NE1⁄4,
W1⁄2NW1⁄4NE1⁄4; and
(C) 
Section 
32: 
N1⁄2NW1⁄4NE1⁄4,
SW1⁄4NE1⁄4, S1⁄2SE1⁄4NE1⁄4, NW1⁄4, SW1⁄4,
N1⁄2SE1⁄4, 
SW1⁄4SE1⁄4, 
N1⁄2SE1⁄4SE1⁄4,
SW1⁄4SE1⁄4SE1⁄4.
(c) NEW RESERVATION LANDS.—Upon satisfaction
of the conditions in paragraph 6.2 of the Settlement
Agreement, after the requirements of section 9(a) have
been met, and upon acquisition by the Zuni Tribe, the Sec-
retary shall take the legal title of the following lands in
Arizona into trust for the benefit of the Zuni Tribe and
make such lands part of the Zuni Indian Tribe Reserva-
tion in Arizona: Section 34, T. 14 N., R. 26 E., Gila and
Salt River Base and Meridian.
(d) LIMITATION
ON SECRETARIAL DISCRETION.—
The Secretary shall have no discretion regarding the ac-
quisitions described in subsections (a), (b), and (c).
(e) LANDS REMAINING IN FEE STATUS.—The Zuni
Tribe may seek to have the legal title to additional lands
in Arizona, other than the lands described in subsection
(a), (b), or (c), taken into trust by the United States for
the benefit of the Zuni Indian Tribe pursuant only to an
Act of Congress enacted after the date of enactment of
this Act specifically authorizing the transfer for the ben-
efit of the Zuni Tribe.
(f) FINAL AGENCY ACTION.—Any written certifi-
cation by the Secretary under subparagraph 6.2.B of the
Settlement Agreement constitutes final agency action
under the Administrative Procedure Act and is reviewable
as provided for under chapter 7 of title 5, United States
Code.
(g) NO FEDERAL WATER RIGHTS.—Lands taken
into trust pursuant to subsection (a), (b), or (c) shall not
have Federal reserved rights to surface water or ground-
water.
(h) STATE WATER RIGHTS.—The water rights and
uses for the lands taken into trust pursuant to subsection
(a) or (c) must be determined under subparagraph 4.1.A
and Article 5 of the Settlement Agreement. With respect
to the lands taken into trust pursuant to subsection (b),
the Zuni Tribe retains any rights or claims to water asso-
ciated with these lands under State law, subject to the
terms of the Settlement Agreement.
(i) FORFEITURE AND ABANDONMENT.—Water rights
that are appurtenant to lands taken into trust pursuant
to subsection (a), (b), or (c) shall not be subject to for-
feiture and abandonment.
(j) AD VALOREM TAXES.—With respect to lands that
are taken into trust pursuant to subsection (a) or (b)—
(1) such lands shall not be considered lands
within an Indian reservation or lands owned or held
by any Indian for the purposes of Article 20, para-
graph 5 of the Arizona Constitution, for the purpose
of paying in lieu taxes pursuant to this subsection
and the Intergovernmental Agreement between the
Zuni Tribe, Apache County, Arizona and the State
of Arizona; and
(2) the Zuni Tribe shall make payments in lieu
of all current and future State, county, and local ad
valorem property taxes that would otherwise be ap-
plicable to those lands if they were not in trust.
(k) AUTHORITY OF TRIBE.—For purposes of com-
plying with this section and Article 6 of the Settlement
Agreement, the Tribe is authorized to enter into—
(1) the Intergovernmental Agreement among
the Zuni Tribe, Apache County, Arizona, and the
State of Arizona; and
(2) any intergovernmental agreement required
to be entered into by the Tribe under the terms of
the Intergovernmental Agreement.
(l) FEDERAL ACKNOWLEDGEMENT
OF INTERGOV-
ERNMENTAL AGREEMENTS.—
(1) IN GENERAL.—The Secretary shall acknowl-
edge the terms of any intergovernmental agreement
entered into by the Tribe under this section.
(2) NO ABROGATION.—The Secretary shall not
seek to abrogate, in any administrative or judicial
action, the terms of any intergovernmental agree-
ment that are consistent with subparagraph 6.2.A of
the Settlement Agreement and this Act.
(3) NO REMOVAL.—If a judicial action is com-
menced during a dispute over any intergovernmental
agreement entered into under this section, and the
United States is allowed to intervene in such action,
the United States shall not remove such action to
the Federal courts.
(m) RULE
OF
CONSTRUCTION.—Notwithstanding
any other provision of this Act, nothing in this Act alters
the continued application of the Act of May 25, 1918 (25
U.S.C. 211), within the State of Arizona.
(n) DISCLAIMER.—Nothing in this section repeals,
modifies, amends, changes, or otherwise affects the Sec-
retary’s obligations to the Zuni Tribe pursuant to the Act
entitled ‘‘An Act to convey certain lands to the Zuni In-
dian Tribe for religious purposes’’ approved August 28,
1984 (Public Law 98–408; 98 Stat. 1533) (and as amend-
ed by the Zuni Land Conservation Act of 1990 (Public
Law 101–486; 104 Stat. 1174)).
SEC. 6. DEVELOPMENT FUND.
(a) ESTABLISHMENT OF THE FUND.—
(1) IN GENERAL.—There is established in the
Treasury of the United States a fund to be known
as the ‘‘Zuni Indian Tribe Water Rights Develop-
ment Fund’’, to be managed and invested by the
Secretary, consisting of—
(A) the amounts authorized to be appro-
priated in section 4(b); and
(B) the appropriation to be contributed by
the State of Arizona pursuant to paragraph 7.6
of the Settlement Agreement.
(2) ADDITIONAL
DEPOSITS.—The Secretary
shall deposit in the Fund any other monies paid to
the Secretary on behalf of the Zuni Tribe pursuant
to the Settlement Agreement.
(b) MANAGEMENT OF THE FUND.—The Secretary
shall manage the Fund, make investments from the Fund,
and make monies available from the Fund for distribution
to the Zuni Tribe consistent with the American Indian
Trust Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.) (referred to in this section as the ‘‘Trust
Fund Reform Act’’), this Act, and the Settlement Agree-
ment.
(c) INVESTMENT
OF
THE FUND.—The Secretary
shall invest amounts in the Fund in accordance with—
(1) the Act of April 1, 1880 (21 Stat. 70, ch.
41, 25 U.S.C. 161);
(2) the first section of the Act of June 24,
1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and
(3) subsection (b).
(d) AVAILABILITY OF AMOUNTS FROM THE FUND.—
The funds authorized to be appropriated pursuant to sec-
tion 4(b)(2) and funds contributed by the State of Arizona
pursuant to paragraph 7.6 of the Settlement Agreement
shall be available for expenditure or withdrawal only after
the requirements of section 9(a) have been met.
(e) EXPENDITURES AND WITHDRAWAL.—
(1) TRIBAL MANAGEMENT PLAN.—
(A) IN GENERAL.—The Zuni Tribe may
withdraw all or part of the Fund on approval
by the Secretary of a tribal management plan
as described in the Trust Fund Reform Act.
(B) REQUIREMENTS.—In addition to the
requirements under the Trust Fund Reform
Act, the tribal management plan shall require
that the Zuni Tribe spend any funds in accord-
ance with the purposes described in section
4(b).
(2) ENFORCEMENT.—The Secretary may take
judicial or administrative action to enforce the provi-
sions of any tribal management plan to ensure that
any monies withdrawn from the Fund under the
plan are used in accordance with this Act.
(3) LIABILITY.—If the Zuni Tribe exercises the
right to withdraw monies from the Fund, neither the
Secretary nor the Secretary of the Treasury shall re-
tain any liability for the expenditure or investment
of the monies withdrawn.
(4) EXPENDITURE PLAN.—
(A) IN GENERAL.—The Zuni Tribe shall
submit to the Secretary for approval an expend-
iture plan for any portion of the funds made
available under this Act that the Zuni Tribe
does not withdraw under this subsection.
(B) DESCRIPTION.—The expenditure plan
shall describe the manner in which, and the
purposes for which, funds of the Zuni Tribe re-
maining in the Fund will be used.
(C) APPROVAL.—On receipt of an expendi-
ture plan under subparagraph (A), the Sec-
retary shall approve the plan if the Secretary
determines that the plan is reasonable and con-
sistent with this Act.
(5) ANNUAL REPORT.—The Zuni Tribe shall
submit to the Secretary an annual report that de-
scribes all expenditures from the Fund during the
year covered by the report.
(f) FUNDS FOR ACQUISITION OF WATER RIGHTS.—
(1) WATER
RIGHTS
ACQUISITIONS.—Notwith-
standing subsection (e), the funds authorized to be
appropriated pursuant to section 4(b)(1)—
(A) shall be available upon appropriation
for use in accordance with section 4(b)(1); and
(B) shall be distributed by the Secretary to
the Zuni Tribe on receipt by the Secretary from
the Zuni Tribe of a written notice and a tribal
council resolution that describe the purposes for
which the funds will be used.
(2) RIGHT TO SET OFF.—In the event the re-
quirements of section 9(a) have not been met and
the Settlement Agreement has become null and void
under section 9(b), the United States shall be enti-
tled to set off any funds expended or withdrawn
from the amount appropriated pursuant to section
4(b)(1), together with any interest accrued, against
any claims asserted by the Zuni Tribe against the
United States relating to water rights at the Zuni
Heaven Reservation.
(3) WATER
RIGHTS.—Any water rights ac-
quired with funds described in paragraph (1) shall
be credited against any water rights secured by the
Zuni Tribe, or the United States on behalf of the
Zuni Tribe, for the Zuni Heaven Reservation in the
Little Colorado River General Stream Adjudication
or in any future settlement of claims for those water
rights.
(g) NO PER CAPITA DISTRIBUTIONS.—No part of the
Fund shall be distributed on a per capita basis to members
of the Zuni Tribe.
SEC. 7. CLAIMS EXTINGUISHMENT; WAIVERS AND RE-
LEASES.
(a) FULL SATISFACTION OF MEMBERS’ CLAIMS.—
(1) IN GENERAL.—The benefits realized by the
Tribe and its members under this Act shall con-
stitute full and complete satisfaction of all members’
claims for water rights or injuries to water rights
under Federal, State, and other laws (including
claims for water rights in groundwater, surface
water, and effluent) for Zuni Lands from time im-
memorial to the effective date described in section
9(a).
(2) NO RECOGNITION OR ESTABLISHMENT OF
INDIVIDUAL
WATER
RIGHT.—Nothing in this Act
recognizes or establishes any right of a member of
the Tribe to water on the Reservation.
(b) TRIBE AND UNITED STATES AUTHORIZATION
AND WAIVER.—The Tribe, on behalf of itself and its mem-
bers and the Secretary on behalf of the United States in
its capacity as trustee for the Zuni Tribe and its members,
are authorized, as part of the performance of their obliga-
tions under the Settlement Agreement, to execute a waiver
and release, subject to paragraphs 11.4 and 11.7 of the
Settlement Agreement, for claims against the State of Ari-
zona, or any agency or political subdivision thereof, or any
other person, entity, corporation, or municipal corpora-
tion, under Federal, State, or other law for any and all—
(1) past, present, and future claims to water
rights (including water rights in groundwater, sur-
face water, and effluent) for Zuni Lands from time
immemorial through the effective date described in
section 9(a) and any time thereafter, except for
claims within the Zuni Protection Area as provided
in Article 5 of the Settlement Agreement;
(2) past and present claims for injuries to
water rights (including water rights in groundwater,
surface water, and effluent and including claims for
damages for deprivation of water rights and any
claims for changes to groundwater table levels) for
Zuni Lands from time immemorial through the ef-
fective date described in section 9(a);
(3) past, present, and future claims for water
rights and injuries to water rights (including water
rights in groundwater, surface water, and effluent
and including any claims for damages for depriva-
tion of water rights and any claims for changes to
groundwater table levels) from time immemorial
through the effective date described in section 9(a),
and any time thereafter, for lands outside of Zuni
lands but located within the Little Colorado River
basin in Arizona, based upon aboriginal occupancy
of lands by the Zuni Tribe or its predecessors;
(4) past and present claims for injuries to
water quality accruing from time immemorial
through the effective date described in section 9(a)
for lands within the Little Colorado River basin in
Arizona;
(5) future claims for injuries to water quality
accruing after the effective date described in section
9(a) on any lands within the Eastern LCR basin
caused by—
(A) the lawful diversion or use of surface
water;
(B) the lawful withdrawal or use of
groundwater, except within the Zuni Protection
Area as provided in Article 5 of the Settlement
Agreement;
(C) the Parties’ performance of their obli-
gations under this Settlement Agreement;
(D) the discharge of oil associated with
routine physical or mechanical maintenance of
wells or diversion structures;
(E) the discharge of oil associated with
routine start-up and operation of well pumps;
or
(F) any combination thereof; and
(6) claims for interference with the trust re-
sponsibility of the United States to the Zuni Tribe
arising out of the negotiation of the Settlement
Agreement or this Act.
(c) 
TRIBAL
WAIVER
AGAINST
THE
UNITED
STATES.—The Tribe is authorized, as part of the perform-
ance of its obligations under the Settlement Agreement,
to execute a waiver and release, subject to paragraphs
11.4 and 11.6 of the Settlement Agreement, for claims
against the United States (acting in its capacity as trustee
for the Zuni Tribe or its members, or otherwise acting
on behalf of the Zuni Tribe or its members), including
any agencies, officials, or employees thereof, for any and
all—
(1) past, present, and future claims to water
rights (including water rights in groundwater, sur-
face water, and effluent) for Zuni Lands, from time
immemorial through the effective date described in
section 9(a) and any time thereafter;
(2) past and present claims for injuries to
water rights (including water rights in groundwater,
surface water, and effluent and any claims for dam-
ages for deprivation of water rights) for Zuni Lands
from time immemorial through the effective date de-
scribed in section 9(a);
(3) past, present, and future claims for water
rights and injuries to water rights (including water
rights in groundwater, surface water, and effluent
and any claims for damages for deprivation of water
rights) from time immemorial through the effective
date described in section 9(a), and any time there-
after, for lands outside of Zuni Lands but located
within the Little Colorado River basin in Arizona,
based upon aboriginal occupancy of lands by the
Zuni Tribe or its predecessors;
(4) past and present claims for failure to pro-
tect, acquire, or develop water rights of, or failure
to protect water quality for, the Zuni Tribe within
the Little Colorado River basin in Arizona from time
immemorial through the effective date described in
section 9(a); and
(5) claims for breach of the trust responsibility
of the United States to the Zuni Tribe arising out
of the negotiation of the Settlement Agreement or
this Act.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) WAIVER OF SOVEREIGN IMMUNITY.—If any party
to the Settlement Agreement, an agreement described in
paragraph (1), (2), or (3) of section 4(c), a Pumping Pro-
tection Agreement, or a landowner or water user in the
Little Colorado River basin in Arizona, files a lawsuit only
relating directly to the interpretation or enforcement of
this Act, the Settlement Agreement, an agreement de-
scribed in paragraph (1), (2), or (3) of section 4(c), or
a Pumping Protection Agreement, naming the United
States or the Tribe as a party—
(1) the United States, the Tribe, or both may
be added as a party to any such litigation, and any
claim by the United States or the Tribe to sovereign
immunity from such suit is hereby waived, other
than with respect to claims for monetary awards ex-
cept as specifically provided for in the Settlement
Agreement; and
(2) the Tribe may waive its sovereign immunity
from suit in the Superior Court of Apache County,
Arizona for the limited purposes of enforcing the
terms of the Intergovernmental Agreement, and any
intergovernmental agreement required to be entered
into by the Tribe under the terms of the Intergov-
ernmental Agreement, other than with respect to
claims for monetary awards except as specifically
provided in the Intergovernmental Agreement.
(b) TRIBAL USE OF WATER.—
(1) IN GENERAL.—With respect to water rights
made available under the Settlement Agreement and
used on the Zuni Heaven Reservation—
(A) such water rights shall be held in trust
by the United States in perpetuity, and shall
not be subject to forfeiture or abandonment;
(B) State law shall not apply to water uses
on the Reservation;
(C) the State of Arizona may not regulate
or tax such water rights or uses (except that
the court with jurisdiction over the decree en-
tered pursuant to the Settlement Agreement or
the Norviel Decree Court may assess adminis-
trative fees for delivery of this water);
(D) subject to paragraph 7.7 of the Settle-
ment Agreement, the Zuni Tribe shall use
water made available to the Zuni Tribe under
the Settlement Agreement on the Zuni Heaven
Reservation for any use it deems advisable;
(E) water use by the Zuni Tribe or the
United States on behalf of the Zuni Tribe for
wildlife or instream flow use, or for irrigation to
establish or maintain wetland on the Reserva-
tion, shall be considered to be consistent with
the purposes of the Reservation; and
(F)(i) not later than 3 years after the
deadline described in section 9(b), the Zuni
Tribe shall adopt a water code for regulation of
water use on the lands identified in subsections
(a) and (b) of section 5 that is reasonably
equivalent to State water law (including stat-
utes relating to dam safety and groundwater
management); and
(ii) until such date as the Zuni Tribe
adopts a water code described in clause (i), the
Secretary, in consultation with the State of Ari-
zona, shall administer water use and water reg-
ulation on lands described in that clause in a
manner that is reasonably equivalent to State
law.
(2) LIMITATION.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the Zuni Tribe or the United
States shall not sell, lease, transfer, or trans-
port water made available for use on the Zuni
Heaven Reservation to any other place.
(B) EXCEPTION.—Water made available to
the Zuni Tribe or the United States for use on
the Zuni Heaven Reservation may be severed
and transferred from the Reservation to other
Zuni Lands if the severance and transfer is ac-
complished in accordance with State law (and
once transferred to any lands held in fee, such
water shall be subject to State law).
(c) RIGHTS-OF-WAY.—Federal laws (including regu-
lations) concerning the granting of easements and rights-
of-way shall apply to the lands identified in subsections
(a) and (b) of section 5, but the United States and the
Zuni Tribe shall not unreasonably withhold consent for
easements and rights-of-way for roads, utilities, and other
necessary accommodations for adjoining landowners
across the lands identified in subsection (a) or (b) of sec-
tion 5 unless such easements and rights-of-way will cause
significant and substantial harm to the Tribe’s wetland
restoration project or religious practices. If such harm is
anticipated, the Zuni Tribe shall negotiate in good faith
with the entity seeking the easements or rights-of-way for
a reasonable accommodation of their mutual interests.
(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.—Execution of the
Settlement Agreement by the Secretary as provided for in
section 4(a) shall not constitute major Federal action
under the National Environmental Policy Act (42 U.S.C.
4321 et seq.). The Secretary shall comply with that Act
and shall carry out any other necessary environmental
compliance during the implementation phase of this settle-
ment.
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