Zuni Indian Tribe Water Rights Settlement Act of 2003

Bill: 108-s-222
Sponsor: Sen. Kyl, Jon [R-AZ]
Introduced: 2003-01-28 in the Senate
Policy area: Native Americans
Subjects: Arizona
Colorado River development
District courts
Easements
Economics and Public Finance
Environmental Protection
Federal-Indian relations
Government Operations and Politics
Government liability
Government publicity
Government trust funds
Indian claims
Indian lands
Indian water rights
Jurisdiction
Lakes
Land transfers
Law
Minorities
Payments in lieu of taxes
Public Lands and Natural Resources
Restoration ecology
Right-of-way
Riparian ecology
State government-Indian relations
Taxation
Transportation and Public Works
Water Resources Development
Water quality
Wetlands

Summary:
action_date: 2003-01-28
text: Zuni Indian Tribe Water Rights Settlement Act of 2003 - Ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights claims in the Little Colorado River basin, Arizona.
Includes the provision of assistance for acquiring surface water rights and wetland restoration. Names the Tribe, the State of Arizona and specified state agencies, specified neighboring non-Indian communities, and specified water and power companies as parties to the agreement.
Directs the Secretary of the Interior to execute the Settlement Agreement and subsequent, mutually agreed upon amendments.
Establishes and authorizes appropriations to the Zuni Indian Tribe Water Rights Development Fund to be allocated among specified activities, including the acquisition of water rights and restoration at the Zuni Heaven Reservation. Includes funds paid to the Tribe as required by the Settlement Agreement. Conditions Zuni expenditures from such Fund upon the approval of a tribal management plan and an expenditure plan.
Directs the Secretary to take title to specified lands in trust for the benefit of the Tribe, including lands to become part of the Reservation. Sets forth the status of such lands with regard to Federal and State water rights and ad valorem taxes.
Extinguishes all claims for water rights in Zuni lands.
action_date: 2003-03-10
text: 
(This measure has not been amended since it was introduced in the Senate on January 28, 2003. However, because action occurred on the measure, the summary has been expanded.)

Zuni Indian Tribe Water Rights Settlement Act of 2003- (Sec. 4) Ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights claims in the Little Colorado River basin, Arizona. Authorizes appropriations for: (1) FY 2004 for acquisition of water rights and associated lands, and other activities by the Zuni Tribe to facilitate enforceability of the Settlement Agreement; and (2) FY 2004 through 2006 for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas.
Ratifies specified agreements involving the Salt River Project Agricultural Improvement and Power District, Tucson Electric Power Company, the Arizona State Land Department, the Zuni tribe and the United States.
(Sec. 5) Requires the Secretary of the Interior to take legal title of specified lands in the Gila and Salt River Base and Meridian into trust for the benefit of the Zuni tribe. Declares that these lands shall not have Federal reserved rights to surface water or groundwater. Requires the Zuni Tribe to make payments in lieu of all current State, county, and local ad valorem taxes that would otherwise apply if those lands were not held in trust.
Prohibits the United States, except in certain instances, from removing jurisdiction to Federal courts for disputes over intergovernmental agreements entered into under these trust land agreements.
(Sec. 6) Establishes and authorizes appropriations to the Zuni Indian Tribe Water Rights Development Fund, to be allocated among specified activities, including the acquisition of water rights and restoration of the Zuni Heaven Reservation. Requires deposit in it of any funds paid to the Tribe as required by the Settlement Agreement. Conditions Zuni expenditures from such Fund upon the Secretary's approval of a tribal management plan and an expenditure plan.
Prohibits any per capita distribution from the Fund to members of the Zuni Tribe.
(Sec. 7) Extinguishes all claims for water rights in Zuni lands.
Declares that nothing in this Act recognizes or establishes any right of a member of the Zuni tribe to water on the Reservation.
Authorizes the Zuni tribe to waive and release past, present, and future claims for injuries to water rights against Arizona, the United States, and others.
Authorizes the Zuni tribe to waive its right to request that the United States bring any current or future claims for injuries to water quality.
Waives and releases all past, present, and future common law and natural resource damage claims of the United States against Arizona or others with respect to Settlement land and water.
(Sec. 8) Disallows any claim of sovereign immunity by the United States or specified tribes in specified kinds of litigation relating to the interpretation or enforcement of this Act, the Settlement Agreement, other specified agreements, or a Pumping Protection Agreement. Requires all water rights used on the Zuni Heaven Reservation to be held in trust by the United States. Specifies water use rights and immunities, subject to certain limitations. Continues existing rights-of-way and requires the Secretary to grant additional rights-of-way under specified conditions.
action_date: 2003-03-13
text: 
(This measure has not been amended since it was reported in the Senate on March 10, 2003. The summary of that version is repeated here.)

Zuni Indian Tribe Water Rights Settlement Act of 2003- (Sec. 4) Ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights claims in the Little Colorado River basin, Arizona. Authorizes appropriations for: (1) FY 2004 for acquisition of water rights and associated lands, and other activities by the Zuni Tribe to facilitate enforceability of the Settlement Agreement; and (2) FY 2004 through 2006 for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas.
Ratifies specified agreements involving the Salt River Project Agricultural Improvement and Power District, Tucson Electric Power Company, the Arizona State Land Department, the Zuni tribe and the United States.
(Sec. 5) Requires the Secretary of the Interior to take legal title of specified lands in the Gila and Salt River Base and Meridian into trust for the benefit of the Zuni tribe. Declares that these lands shall not have Federal reserved rights to surface water or groundwater. Requires the Zuni Tribe to make payments in lieu of all current State, county, and local ad valorem taxes that would otherwise apply if those lands were not held in trust.
Prohibits the United States, except in certain instances, from removing jurisdiction to Federal courts for disputes over intergovernmental agreements entered into under these trust land agreements.
(Sec. 6) Establishes and authorizes appropriations to the Zuni Indian Tribe Water Rights Development Fund, to be allocated among specified activities, including the acquisition of water rights and restoration of the Zuni Heaven Reservation. Requires deposit in it of any funds paid to the Tribe as required by the Settlement Agreement. Conditions Zuni expenditures from such Fund upon the Secretary's approval of a tribal management plan and an expenditure plan.
Prohibits any per capita distribution from the Fund to members of the Zuni Tribe.
(Sec. 7) Extinguishes all claims for water rights in Zuni lands.
Declares that nothing in this Act recognizes or establishes any right of a member of the Zuni tribe to water on the Reservation.
Authorizes the Zuni tribe to waive and release past, present, and future claims for injuries to water rights against Arizona, the United States, and others.
Authorizes the Zuni tribe to waive its right to request that the United States bring any current or future claims for injuries to water quality.
Waives and releases all past, present, and future common law and natural resource damage claims of the United States against Arizona or others with respect to Settlement land and water.
(Sec. 8) Disallows any claim of sovereign immunity by the United States or specified tribes in specified kinds of litigation relating to the interpretation or enforcement of this Act, the Settlement Agreement, other specified agreements, or a Pumping Protection Agreement. Requires all water rights used on the Zuni Heaven Reservation to be held in trust by the United States. Specifies water use rights and immunities, subject to certain limitations. Continues existing rights-of-way and requires the Secretary to grant additional rights-of-way under specified conditions.
action_date: 2003-06-05
text: 

(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.)

 
Zuni Indian Tribe Water Rights Settlement Act of 2003- (Sec. 4) Ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights claims in the Little Colorado River basin, Arizona. Authorizes appropriations for: (1) FY 2004 for acquisition of water rights and associated lands, and other activities by the Zuni Tribe to facilitate enforceability of the Settlement Agreement; and (2) FY 2004 through 2006 for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas.
 
Ratifies specified agreements involving the Salt River Project Agricultural Improvement and Power District, Tucson Electric Power Company, the Arizona State Land Department, the Zuni tribe and the United States.
(Sec. 5) Requires the Secretary of the Interior to take legal title of specified lands in the Gila and Salt River Base and Meridian into trust for the benefit of the Zuni tribe. Declares that these lands shall not have Federal reserved rights to surface water or groundwater. Requires the Zuni Tribe to make payments in lieu of all current State, county, and local ad valorem taxes that would otherwise apply if those lands were not held in trust.
Prohibits the United States, except in certain instances, from removing jurisdiction to Federal courts for disputes over intergovernmental agreements entered into under these trust land agreements.
(Sec. 6) Establishes and authorizes appropriations to the Zuni Indian Tribe Water Rights Development Fund, to be allocated among specified activities, including the acquisition of water rights and restoration of the Zuni Heaven Reservation. Requires deposit in it of any funds paid to the Tribe as required by the Settlement Agreement. Conditions Zuni expenditures from such Fund upon the Secretary's approval of a tribal management plan and an expenditure plan.
Prohibits any per capita distribution from the Fund to members of the Zuni Tribe.
(Sec. 7) Extinguishes all claims for water rights in Zuni lands.
Declares that nothing in this Act recognizes or establishes any right of a member of the Zuni tribe to water on the Reservation.
Authorizes the Zuni tribe to waive and release past, present, and future claims for injuries to water rights against Arizona, the United States, and others.
Authorizes the Zuni tribe to waive its right to request that the United States bring any current or future claims for injuries to water quality.
Waives and releases all past, present, and future common law and natural resource damage claims of the United States against Arizona or others with respect to Settlement land and water.
(Sec. 8) Disallows any claim of sovereign immunity by the United States or specified tribes in specified kinds of litigation relating to the interpretation or enforcement of this Act, the Settlement Agreement, other specified agreements, or a Pumping Protection Agreement. Requires all water rights used on the Zuni Heaven Reservation to be held in trust by the United States. Specifies water use rights and immunities, subject to certain limitations. Continues existing rights-of-way and requires the Secretary to grant additional rights-of-way under specified conditions.
action_date: 2003-06-23
text: 

(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.)

 
Zuni Indian Tribe Water Rights Settlement Act of 2003- (Sec. 4) Ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights claims in the Little Colorado River basin, Arizona. Authorizes appropriations for: (1) FY 2004 for acquisition of water rights and associated lands, and other activities by the Zuni Tribe to facilitate enforceability of the Settlement Agreement; and (2) FY 2004 through 2006 for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas.
 
Ratifies specified agreements involving the Salt River Project Agricultural Improvement and Power District, Tucson Electric Power Company, the Arizona State Land Department, the Zuni tribe and the United States.
(Sec. 5) Requires the Secretary of the Interior to take legal title of specified lands in the Gila and Salt River Base and Meridian into trust for the benefit of the Zuni tribe. Declares that these lands shall not have Federal reserved rights to surface water or groundwater. Requires the Zuni Tribe to make payments in lieu of all current State, county, and local ad valorem taxes that would otherwise apply if those lands were not held in trust.
Prohibits the United States, except in certain instances, from removing jurisdiction to Federal courts for disputes over intergovernmental agreements entered into under these trust land agreements.
(Sec. 6) Establishes and authorizes appropriations to the Zuni Indian Tribe Water Rights Development Fund, to be allocated among specified activities, including the acquisition of water rights and restoration of the Zuni Heaven Reservation. Requires deposit in it of any funds paid to the Tribe as required by the Settlement Agreement. Conditions Zuni expenditures from such Fund upon the Secretary's approval of a tribal management plan and an expenditure plan.
Prohibits any per capita distribution from the Fund to members of the Zuni Tribe.
(Sec. 7) Extinguishes all claims for water rights in Zuni lands.
Declares that nothing in this Act recognizes or establishes any right of a member of the Zuni tribe to water on the Reservation.
Authorizes the Zuni tribe to waive and release past, present, and future claims for injuries to water rights against Arizona, the United States, and others.
Authorizes the Zuni tribe to waive its right to request that the United States bring any current or future claims for injuries to water quality.
Waives and releases all past, present, and future common law and natural resource damage claims of the United States against Arizona or others with respect to Settlement land and water.
(Sec. 8) Disallows any claim of sovereign immunity by the United States or specified tribes in specified kinds of litigation relating to the interpretation or enforcement of this Act, the Settlement Agreement, other specified agreements, or a Pumping Protection Agreement. Requires all water rights used on the Zuni Heaven Reservation to be held in trust by the United States. Specifies water use rights and immunities, subject to certain limitations. Continues existing rights-of-way and requires the Secretary to grant additional rights-of-way under specified conditions.

Legislative actions:
action_date: 2003-06-23
text: Became Public Law No: 108-34.
action_date: 2003-06-23
text: Became Public Law No: 108-34.
action_date: 2003-06-23
text: Signed by President.
action_date: 2003-06-23
text: Signed by President.
action_date: 2003-06-11
text: Presented to President.
action_date: 2003-06-11
text: Presented to President.
action_date: 2003-06-05
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-06-05
text: On passage Passed by the Yeas and Nays: 389 - 3 (Roll no. 247). (text:  CR H5023-5027)
action_date: 2003-06-05
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 389 - 3 (Roll no. 247).(text:  CR H5023-5027)
action_date: 2003-06-05
text: Considered as unfinished business. (consideration:  CR H5029-5030)
action_date: 2003-06-05
text: POSTPONED ROLL CALL VOTE - At the conclusion of debate on S. 222, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Mr. Udall of New Mexico demanded the Yeas and Nays and the Chair postponed further proceedings on the question of passage until later in the legislative day.
action_date: 2003-06-05
text: The previous question was ordered pursuant to the rule.
action_date: 2003-06-05
text: DEBATE - The House proceeded with forty minutes of debate on S. 222.
action_date: 2003-06-05
text: Rule provides for consideration of S. 222 and S. 273. S. 222 shall be debatable 40 minutes equally divided between the chairman and ranking minority member of the Committee on Resources. Waives all points of order against consideration of S.222. Provides one motion to recommit, with or without instructions, for S. 222. The rule further provides that S. 273 shall be debatable for 40 minutes equally divided between the chairman and ranking minority member of the Committee on Resources. Waives all points of order against consideration of S. 273. Finally, the rule provides one motion to recommit,
action_date: 2003-06-05
text: Considered under the provisions of rule H. Res. 258. (consideration:  CR H5023-5028)
action_date: 2003-06-04
text: Rules Committee Resolution H. Res. 258 Reported to House. Rule provides for consideration of S. 222 and S. 273. S. 222 shall be debatable 40 minutes equally divided between the chairman and ranking minority member of the Committee on Resources. Waives all points of order against consideration of S.222. Provides one motion to recommit, with or without instructions, for S. 222. The rule further provides that S. 273 shall be debatable for 40 minutes equally divided between the chairman and ranking minority member of the Committee on Resources. Waives all points of order against consideration of S. 273. Finally, the rule provides one motion to recommit,
action_date: 2003-06-03
text: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 224 - 188 (Roll no. 230). (text:  CR H4797-4802)
action_date: 2003-06-03
text: Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 224 - 188 (Roll no. 230).(text:  CR H4797-4802)
action_date: 2003-06-03
text: Considered as unfinished business. (consideration:  CR H4809-4810)
action_date: 2003-06-03
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2003-06-03
text: DEBATE - The House proceeded with forty minutes of debate on S. 222.
action_date: 2003-06-03
text: Considered under suspension of the rules. (consideration:  CR H4797-4804)
action_date: 2003-06-03
text: Mr. Renzi moved to suspend the rules and pass the bill.
action_date: 2003-03-21
text: Executive Comment Requested from Interior.
action_date: 2003-03-21
text: Referred to the Subcommittee on Water and Power.
action_date: 2003-03-17
text: Referred to the House Committee on Resources.
action_date: 2003-03-17
text: Received in the House.
action_date: 2003-03-17
text: Message on Senate action sent to the House.
action_date: 2003-03-13
text: Passed Senate without amendment by Unanimous Consent. (consideration: CR S3755-3759; text of measure as passed Senate: CR S3755-3759)
action_date: 2003-03-13
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S3755-3759; text of measure as passed Senate: CR S3755-3759)
action_date: 2003-03-10
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 31.
action_date: 2003-03-10
text: Committee on Indian Affairs. Reported by Senator Campbell without amendment. With written report No. 108-18.
action_date: 2003-03-10
text: Committee on Indian Affairs. Reported by Senator Campbell without amendment. With written report No. 108-18.
action_date: 2003-02-26
text: Committee on Indian Affairs. Ordered to be reported without amendment favorably.
action_date: 2003-01-28
text: Read twice and referred to the Committee on Indian Affairs.
action_date: 2003-01-28
text: Sponsor introductory remarks on measure. (CR S1675)
action_date: 2003-01-28
text: Introduced in Senate

Enacted as: number: 108-34