Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement Act
PL 106-263 (H.R.3291), enacted 08/18/2000

PUBLIC LAW 106-263—AUG. 18, 2000 
114 STAT. 737 
Public Law 106-263 
106th Congress 
An Act 
To provide for the settlement of the water rights claims of the Shivwits Band 
of the Paiute Indian Tribe of Utah, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Shivwits Band of the Paiute 
Indian Tribe of Utah Water Rights Settlement Act". 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) It is the official policy of the United States, in keeping 
with its trust responsibility to Indian tribes, to promote Indian 
self-determination and economic self-sufRciency, and to settle 
the water rights claims of Indian tribes to avoid lengthy and 
costly litigation, 
(2) Any meaningful policy of Indian self-determination and 
economic self-sufficiency requires the development of viable 
Indian reservation economies. 
(3) The quantification of water rights and the development 
of water use facilities is essential to the development of viable 
Indian reservation economies, particularly in the arid Western 
States. 
(4) The Act of March 3, 1891, provided for the temporary 
support of the Shebit (or Shivwits) tribe of Indians in Wash-
ington County, Utah, and appropriated moneys for the purchase 
of improvements on lands along the Santa Clara River for 
the use of said Indians. Approximately 26,880 acres in the 
same area were set aside as a reservation for the Shivwits 
Band by Executive order dated April 21, 1916. Additional lands 
were added to the reservation by Congress on May 28, 1937. 
(5) The waters of the Santa Clara River are fully appro-
priated except during high flow periods. A water right was 
awarded to the United States for the benefit of the Shivwits 
Band in the 1922 adjudication entitled St. George Santa Clara 
Field Co., et al. v. Newcastle Reclamation Co., et al., for "1.38 
cubic feet of water per second for the irrigation of 83.2 acres 
of land and for culinary, domestic, and stock watering pur-
poses", but no provision has been made for water resource 
development to benefit the Shivwits Band. In general, the 
remainder of the Santa Clara River's flow is either diverted 
on the reservation and delivered through a canal devoted exclu-
sively to non-Indian use that traverses the reservation to a 
reservoir owned by the Ivins Irrigation Company; dedicated 
Aug. 18, 2000 
[H.R. 3291] 
Shivwits Band of 
the Paiute Indian 
Tribe of Utah 
Water Rights 
Settlement Act. 
114 STAT. 738 
PUBLIC LAW 106-263—AUG. 18, 2000 
to decreed and certificated rights of irrigation companies down-
stream of the reservation; or impounded in the Gunlock Res-
ervoir upstream of the reservation. The Band's lack of access 
to water has frustrated its efforts to achieve meaningful self-
determination and economic self-sufficiency. 
(6) On July 21, 1980, the State of Utah, pursuant to title 
73, chapter 4, Utah Code Ann., initiated a statutory adjudica-
tion of water rights in the Fifth Judicial District Court in 
Washington County, Utah, Civil No. 800507596, which encom-
passes all of the rights to the use of water, both surface and 
underground, within the drainage area of the Virgin River 
and its tributaries in Utah ('Virgin River Adjudication"), 
including the Santa Clara River Drainage ("Santa Clara 
System"). 
(7) The United States was joined as a party in the Virgin 
River Adjudication pursuant to section 666 of title 43, United 
States Code. On February 17, 1987, the United States filed 
a Statement of Water User Claim asserting a water right 
based on State law and a Federal reserved water rights claim 
for the benefit of the Shivwits Band to water from the Santa 
Clara River System. This was the only claim the United States 
filed for any Indian tribe or band in the Virgin River Adjudica-
tion within the period allowed by title 73, chapter 4, Utah 
Code Ann., which bars the filing of claims after the time pre-
scribed therein. 
(8) The Virgin River adjudication will take many years 
to conclude, entail great expense, and prolong uncertainty as 
to the availability of water supplies, and thus, the parties 
have sought to settle their dispute over water and reduce 
the burdens of litigation. 
(9) After lengthy negotiation, which included participation 
by representatives of the United States Government for the 
benefit of the Shivwits Band, the State of Utah, the Shivwits 
Band, the Washington County Water Conservancy District, the 
City of St. George, and others on the Santa Clara River System, 
the parties have entered into agreements to resolve all water 
rights claims between and among themselves and to quantify 
the water right entitlement of the Shivwits Band, and to provide 
for the construction of water projects to facilitate the settlement 
of these claims. 
(10) Pursuant to the St. George Water Reuse Project Agree-
ment, the Santa Clara Project Agreement, and the Settlement 
Agreement, the Shivwits Band will receive the right to a total 
of 4,000 acre-feet of water annually in settlement of its existing 
State law claims and Federal reserved water right claims. 
(11) To advance the goals of Federal Indian policy and 
consistent with the trust responsibility of the United States 
to the Shivwits Band, it is appropriate that the United States 
participate in the implementation of the St. George Water 
Reuse Project Agreement, the Santa Clara Project Agreement, 
and the Settlement Agreement in accordance with this Act. 
SEC. 3. PURPOSES. 
The purposes of this Act are— 
(1) to achieve a fair, equitable, and final settlement of 
all claims to water rights in the Santa Clara River for the 
PUBLIC LAW 106-263—AUG. 18, 2000 
114 STAT. 739 
Shivwits Band, and the United States for the benefit of the 
Shivwits Band; 
(2) to promote the self-determination and economic self-
sufficiency of the Shivwits Band, in part by providing funds 
to the Shivwits Band for its use in developing a viable reserva-
tion economy; 
(3) to approve, ratify, and confirm the St. George Water 
Reuse Project Agreement, the Santa Clara Project Agreement, 
and the Settlement Agreement, and the Shivwits Water Right 
described therein; 
(4) to authorize the Secretary of the Interior to execute 
the St. George Water Reuse Project Agreement, the Santa 
Clara Project Agreement, and the Settlement Agreement, and 
to take such actions as are necessary to implement these agree-
ments in a manner consistent with this Act; and 
(5) to authorize the appropriation of funds necessary for 
implementation of the St. George Water Reuse Project Agree-
ment, the Santa Clara Project Agreement, and the Settlement 
Agreement. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) SECRETARY.—The term "Secretary* means the Secretary 
of the Interior. 
(2) UTAH.—The term "Utah" means the State of Utah, 
by and through its Department of Natural Resources. 
(3) SHIVWITS BAND.—^The term "Shivwits Band" means the 
Shivwits Band of the Paiute Indian Tribe of Utah, a constituent 
band of the Paiute Indian Tribe of Utah, a federally recognized 
Indian tribe organized under section 16 of the Indian Reorga-
nization Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 476), 
and the Act of April 3, 1980 (94 Stat. 317). 
(4) PAIUTE INDIAN TRIBE OF UTAH.—^The term "Paiute 
Indian Tribe of Utah" means the federally recognized Indian 
Tribe organized under section 16 of the Indian Reorganization 
Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 476), and the 
Act of April 3, 1980 (94 Stat. 317), comprised of five bands 
of Southern Paiute Indians (Shivwits, Indian Peaks, Cedar, 
Koosharem, and Kanosh Bands). 
(5) DISTRICT.—^The term "District" means the Washington 
County Water Conservancy District, a Utah water conservancy 
district. 
(6) ST. GEORGE.—The term "St. George" means St. George 
City, a Utah municipal corporation. 
(7) VIRGIN RIVER ADJUDICATION.—^The term "Virgin River 
Adjudication" means the statutory adjudication of water rights 
initiated pursuant to title 73, chapter 4, Utah Code Ann. and 
pending in the Fifth Judicial District Court in Washington 
County, Utah, Civil No. 800507596. 
(8) ST. GEORGE WATER REUSE PROJECT AGREEMENT.—^The 
term "St. Greorge Water Reuse Project Agreement" means the 
agreement among the United States for the benefit of the 
Shivwits Band, Utah, the Shivwits Band, and St. George City, 
together with all exhibits thereto, as the same is approved 
and executed by the Secretary of the Interior pursuant to 
section 8 of this Act. 
114 STAT. 740 
PUBLIC LAW 106-263—AUG. 18, 2000 
(9) SANTA CLARA PROJECT AGREEMENT.—^The term "Santa 
Clara Project Agreement" means the agreement among the 
United States for the benefit of the Shivwits Band, Utah, 
the Shivwits Band, the Washington County Water Conservancy 
District, St. George City, the New Santa Clara Field Canal 
Company, the St. George Clara Field Canal Company, the 
Ivins Irrigation Company, the Southgate Irrigation Company, 
Bloomington Irrigation Company, Ed Bowler, and the Lower 
Gunlock Reservoir Company, together with all exhibits thereto, 
as the same is approved and executed by the Secretary of 
the Interior pursuant to section 8 of this Act. 
(10) 
SETTLEMENT AGREEMENT.—^The term 
"Settlement 
Agreement" means that agreement among the United States 
for the benefit of the Shivwits Band, Utah, the Shivwits Band, 
the Washington County Water Conservancy District, St. George 
City, the New Santa Clara Field Canal Company, the St. George 
Clara Field Canal Company, the Ivins Irrigation Company, 
the Southgate Irrigation Company, Bloomington Irrigation 
Company, Ed Bowler, and the Lower Gunlock Reservoir Com-
pany, together with all exhibits thereto, as the same is approved 
and executed by the Secretary of the Interior pursuant to 
section 8 of this Act. 
(11) SHIVWITS WATER RIGHT.—^The term "Shivwits Water 
Right" means the water rights of the Shivwits Band set forth 
in the Settlement Agreement and as settled, confirmed, and 
ratified by section 7 of this Act. 
(12) SHIVWITS BAND TRUST FUND.—^The term "Shivwits 
Band Trust Fund" means the Trust Fund authorized in section 
11 of this Act to further the purposes of the Settlement Agree-
ment and this Act. 
(13) VIRGIN RIVER RESOURCE MANAGEMENT AND RECOVERY 
PROGRAM.—The term "Virgin River Resource Management and 
Recovery Program" means the proposed multiagency program, 
to be administered by the United States Fish and Wildlife 
Service, Bureau of Land Management, National Park Service, 
Utah, and the District, whose primary purpose is to prioritize 
and implement native fish recovery actions that offset impacts 
due to future water development in the Virgin River basin. 
SEC. 5. ST. GEORGE WATER REUSE PROJECT. 
(a) ST. GEORGE WATER REUSE PROJECT.—The St. George Water 
Reuse Project shall consist of water treatment facilities, a pipeline, 
and associated pumping and delivery facilities owned and operated 
by St. George, which is a component of, and shall divert water 
from, the Water Reclamation Facility located in St. George, Utah, 
and shall transport this water for delivery to and use by St. George 
and the Shivwits Band. St. George shall make 2,000 acre-feet 
of water available annually for use by the Shivwits Band in accord-
ance with the St. George Water Reuse Project Agreement and 
this Act. 
(b) PROJECT CONSTRUCTION OPERATION AND MAINTENANCE.— 
(1) St. G«orge shall be responsible for the design, engineering, 
permitting, construction, operation, maintenance, repair, 
and 
replacement of the St. George Water Reuse Project, and the pay-
ment of its proportionate share of these project costs as provided 
for in the St. George Water Reuse Project Agreement. 
PUBLIC LAW 106-263—AUG. 18, 2000 
114 STAT. 741 
„ (2) The Shivwits Band and the United States for the benefit 
of the Shivwits Band shall make available, in accordance with 
the .terms of the St. George Water Reuse Agreement and this 
Act, a total of $15,000,000 to St. George for the proportionate 
share of the design, engineering, permitting, construction, operation, 
maintenance, repair, and replacement of the St. Greorge Water 
Reuse Project associated with the 2,000 acre-feet annually to be 
provided to the Shivwits Band. 
SEC. 6. SANTA CLARA PROJECT. 
(a) SANTA CLARA PROJECT.—^The Santa Clara Project shall con-
sist of a pressurized pipeline from the existing Gunlock Reservoir 
across the Shivwits Reservation to and including Ivins Reservoir, 
along with main lateral pipelines. The Santa Clara Project shall 
pool and deliver the water rights of the parties as set forth in 
the Santa Clara Project Agreement. The Santa Clara Project shall 
deliver to the Shivwits Band a total of 1,900 acre-feet annually 
in accordance with the Santa Clara Project Agreement and this 
Act. 
(b) INSTREAM FLOW.—^The Santa Clara Project shall release 
instream flow water from the Gunlock Reservoir into the Santa 
Clara River for the benefit of the Virgin Spinedace, in accordance 
with the Santa Clara Project Agreement and this Act. 
(c) PROJECT FUNDING.—The Utah Legislature and the United 
States Congress have each appropriated grants of $750,000 for 
the construction of the Santa Clara Project. The District shall 
provide a grant of $750,000 for the construction of the Santa Clara 
Project. The District shall provide any additional funding required 
for the construction of the Santa Clara Project. 
(d) PROJECT CONSTRUCTION, OPERATION, AND MAINTENANCE.— 
The District shall be responsible for the permitting, design, 
engineering, construction, and the initial operation, maintenance, 
repair, and replacement of the Santa Clara Project. Operation, 
maintenance, repair, and replacement activities and costs of the 
Santa Clara Project shall be handled in accordance with the terms 
of the Santa Clara Project Agreement. 
SEC. 7. SHIVWITS WATER RIGHT. 
(a) IN GENERAL.—^The Shivwits Band and its members shall 
have the right in perpetuity to divert, pump, impound, use, and 
reuse a total of 4,000 acre-feet of water annually from the Virgin 
River and Santa Clara River systems, to be taken as follows: 
(1) 1,900 acre-feet annually from the Ssinta Clara River 
System, with an 1890 priority date in accordance with the 
terms of the Santa Clara Project Agreement. 
(2) 2,000 acre-feet of water annually from the St. George 
Water Reuse Project as provided for in the St. George Water 
Reuse Project Agreement. The Shivwits Band shall have first 
priority to the reuse water provided from the St. George Water 
Reclamation Facility. 
(3) 100 acre-feet annually, with a 1916 priority date, from 
groundwater on the Shivwits Reservation. 
(b) WATER RIGHTS CLAIMS.—^All water rights claims of the 
Shivwits Band, and the Paiute Indian Tribe of Utah acting on 
behalf of the Shivwits Band, are hereby settled. The Shivwits Water 
Right is hereby ratified, confirmed, and shall be held in trust 
by the United States for the benefit of the Shivwits Band. 
114 STAT. 742 
PUBLIC LAW 106-263—AUG. 18, 2000 
(c) SETTLEMENT.—^The Shivwits Band may use water from the 
springs and runoff located on the Shivwits Reservation. The amount 
used from these sources will be reported annually to the Utah 
State Engineer by the Shivwits Band and shall be counted against 
the annual 4,000 acre-feet Shivwits Water Right. 
(d) ABANDONMENT, FORFEITURE, OR NONUSE.—The Shivwits 
Water Right shall not be subject to loss by abandonment, forfeiture, 
or nonuse. 
(e) USE OR LEASE.—^The Shivwits Band may use or lease the 
Shivwits Water Right for either or both of the following: 
(1) For any purpose permitted by tribal or Federal law 
an5rwhere on the Shivwits Band Reservation. Once the water 
is delivered to the Reservation, such use shall not be subject 
to State law, regulation, or jurisdiction. 
(2) For any beneficial use off the Shivwits Reservation 
in accordance with the St. George Water Reuse Agreement, 
the Santa Clara Project Agreement, the Settlement Agreement, 
and all applicable Federal and State laws. 
No service contract, lease, exchange, or other agreement entered 
into under this subsection may permanently alienate any portion 
of the Shivwits Water Right. 
SEC. 8. RATIFICATION OF AGREEMENTS. 
Except to the extent that the St. George Water Reuse Project 
Agreement, the Santa Clara Project Agreement, and the Settlement 
i^reement conflict with the provisions of this Act, such agreements 
are hereby approved, ratified, and confirmed. The Secretary is 
hereby authorized to execute, and take such other actions as are 
necessary to implement, such agreements. 
SEC. 9. SATISFACTION OF CLAIMS. 
(a) FULL SATISFACTION OF CLAIMS.—^The benefits realized by 
the Shivwits Band and its members under the St. George Water 
Reuse Project Agreement, the Santa Clara Project Agreement, the 
Settlement Agreement, and this Act shall constitute full and com-
plete satisfaction of all water rights claims, and any continuation 
thereafter of any of these claims, of the Shivwits Band and its 
members, and the Paiute Indian Tribe of Utah acting on behalf 
of the Shivwits Band, for water rights or injuries to water rights 
under Federal and State laws from time immemorial 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 prohibit the 
Shivwits Band from participating in the future in other water 
projects, or from purchasing additional water rights for their 
benefit and use, to the same extent as any other entity. 
(b) WAIVER AND RELEASE.—^By the approval, ratification, and 
confirmation herein of the St. George Water Reuse Project Agree-
ment, the Santa Clara Project Agreement, 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 
PUBLIC LAW 106-263—AUG. 18, 2000 
114 STAT. 743 
14(a)(7) of this Act, the United States, on behalf of the Shivwits 
Band and the Paiute Indian Tribe of Utah acting on behalf of 
the Shivwits Band, waives and releases the following: 
(1) All claims for water rights or injuries to water rights 
for lands within the Shivwits Reservation 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 munic-
ipal corporation. 
(2) All claims for water rights or injuries to water rights 
for lands outside of the Shivwits Reservation, 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 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 subdivi-
sion thereof, or any person, entity, corporation, or municipal 
corporation. 
(3) All claims for trespass to lands on the Shivwits Reserva-
tion regarding the use of Ivins Reservoir that accrued at any 
time up to and including 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 defenses of all other parties to the agreements shall 
also be retained. 
SEC. 10. WATER RIGHTS AND HABITAT ACQUISITION PROGRAM. 
Environmental 
(a) IN GENERAL.—The Secretary is authorized to establish a wudlife. 
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 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 without the lands to 
which such rights are appurtenant, and to acquire shares in irriga-
tion and water companies, and to transfer, hold, and exercise such 
114 STAT. 744 
PUBLIC LAW 106-263—AUG. 18, 2000 
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 
PUBLIC LAW 106-263—AUG. 18, 2000 
114 STAT. 745 
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. G^eorge 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 
114 STAT. 746 
PUBLIC LAW 106-263—AUG. 18, 2000 
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. 
Federal Register, 
(a) IN GENERAL.—^The waiver and release contained in section 
publication. 
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 
PUBLIC LAW 106-263—AUG. 18, 2000 
114 STAT. 747 
/ 
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. 
Approved August 18, 2000. 
LEGISLATIVE HISTORY—H.R. 3291: 
HOUSE REPORTS: No. 106-743 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
July 25, considered and passed House. 
July 27, considered and passed Senate.