[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3112 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3112

To amend the Colorado Ute Indian Water Rights Settlement Act to provide 
for a final settlement of the claims of the Colorado Ute Indian Tribes, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 1999

 Mr. McInnis introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Colorado Ute Indian Water Rights Settlement Act to provide 
for a final settlement of the claims of the Colorado Ute Indian Tribes, 
                        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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Colorado Ute 
Settlement Act Amendments of 1999''.
    (b) Findings.--Congress finds that--
            (1) in order to provide for a full and final settlement of 
        the claims of the Colorado Ute Indian Tribes on the Animas and 
        La Plata Rivers, the Tribes, the State of Colorado, and certain 
        of the non-Indian parties to the Agreement have proposed 
        certain modifications to the Colorado Ute Indian Water Rights 
        Settlement Act of 1988;
            (2) the claims of the Colorado Ute Indian Tribes on all 
        rivers in Colorado other than the Animas and La Plata Rivers 
        have been settled in accordance with the provisions of the 
        Colorado Ute Indian Water Rights Settlement Act of 1988;
            (3) the Indian and non-Indian communities of southwest 
        Colorado and northwest New Mexico will be benefited by a 
        settlement of the tribal claims on the Animas and La Plata 
        Rivers that provides the Tribes with a firm water supply 
        without taking water away from existing uses;
            (4) the Agreement contemplated a specific timetable for the 
        delivery of irrigation and municipal and industrial water and 
        other benefits to the Tribes from the Animas-La Plata Project, 
        which timetable has not been met. The provision of irrigation 
        water cannot presently be satisfied under the current 
        implementation of the Federal Water Pollution Control Act (33 
        U.S.C. 1251-1387) and the Endangered Species Act of 1973 (16 
        U.S.C. 1531-1534);
            (5) in order to meet the requirements of the Endangered 
        Species Act of 1973, and in particular the various biological 
        opinions issued by the Fish and Wildlife Service, this Act 
        provides for a significant reduction in the facilities and 
        water supply contemplated under the Agreement;
            (6) the substitute benefits provided to the Tribes under 
        this Act, including the waiver of capital costs and the 
        provisions of funds for natural resource enhancement result in 
        a settlement that provides the Tribes with benefits that are 
        equivalent to those that the Tribes would have received under 
        the Colorado Ute Indian Water Rights Settlement Act of 1988; 
        and
            (7) the requirement that the Secretary of the Interior 
        comply with the National Environmental Policy Act of 1969 and 
        other national environmental laws before implementing the 
        proposed settlement will ensure that the satisfaction of the 
        tribal water rights is accomplished in an environmentally 
        responsible fashion.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' has the meaning 
        given that term in section 3(1) of the Colorado Ute Indian 
        Water Rights Settlement Act of 1988 (Public Law 100-585).
            (2) Animas-la plata project.--The term ``Animas-La Plata 
        Project'' has the meaning given that term in section 3(2) of 
        the Colorado Ute Indian Water Rights Settlement Act of 1988 
        (Public Law 100-585).
            (3) Dolores project.--The term ``Dolores Project'' has the 
        meaning given that term in section 3(3) of the Colorado Ute 
        Indian Water Rights Settlement Act of 1988 (Public Law 100-
        585).
            (4) Tribe; tribes.--The term ``Tribe'' or ``Tribes'' has 
        the meaning given that term in section 3(6) of the Colorado Ute 
        Indian Water Rights Settlement Act of 1988 (Public Law 100-
        585).

SEC. 3. AMENDMENTS TO SECTION 6 OF THE COLORADO UTE INDIAN WATER RIGHTS 
              SETTLEMENT ACT OF 1988.

    (a) Reservoir; Municipal and Industrial Water.--Section 6(a) of the 
Colorado Ute Indian Water Rights Settlement Act of 1988 (Public Law 
100-585) is amended to read as follows:
    ``(a) Reservoir; Municipal and Industrial Water.--
            ``(1) In general.--In order to settle the outstanding 
        claims of the Tribes on the Animas and La Plata Rivers, the 
        Secretary, acting through the Bureau of Reclamation, is 
        authorized to:
                    ``(A) complete construction of, operate, and 
                maintain a reservoir, a pumping plant, a reservoir 
                inlet conduit, and appurtenant facilities with 
                sufficient capacity to divert and store water from the 
                Animas River to provide for an average annual depletion 
                of 57,100 acre feet of water to be used for a municipal 
                and industrial water supply, which facilities shall--
                            ``(i) be designed and operated in 
                        accordance with the hydrologic regime necessary 
                        for the recovery of the endangered fish of the 
                        San Juan River as determined by the San Juan 
                        River Recovery Implementation Program;
                            ``(ii) include an inactive pool of an 
                        appropriate size to be determined by the 
                        Secretary following the completion of required 
                        environmental compliance; and
                            ``(iii) include those recreation facilities 
                        determined to be appropriate by agreement 
                        between the State of Colorado and the 
                        Secretary, which agreement shall address the 
                        payment of any of the costs of such facilities 
                        by the State of Colorado in addition to the 
                        costs described in (B)(iii); and
                    ``(B) deliver through the use of the project 
                components referred to in subparagraph (A), the 
                following municipal and industrial water allocations:
                            ``(i) To the Southern Ute Indian Tribe, 
                        with an average annual depletion not to exceed 
                        16,525 acre-feet of water for its present and 
                        future needs.
                            ``(ii) To the Ute Mountain Ute Indian 
                        Tribe, with an average annual depletion not to 
                        exceed 16,525 acre-feet of water for its 
                        present and future needs.
                            ``(iii) To the Navajo Nation, with an 
                        average annual depletion not to exceed 2,340 
                        acre-feet of water.
                            ``(iv) To the San Juan Water Commission, 
                        with an average annual depletion not to exceed 
                        10,400 acre-feet of water.
                            ``(v) To the Animas-La Plata Conservancy 
                        District, with an average annual depletion of 
                        an amount not to exceed 2,600 acre-feet of 
                        water.
                            ``(vi) To the State of Colorado, with an 
                        average annual depletion of an amount not to 
                        exceed 5,230 acre-feet of water.
                            ``(vii) To the La Plata Conservancy 
                        District of New Mexico, with an average annual 
                        depletion of an amount not to exceed 780 acre-
                        feet of water.
            ``(2) Applicability of other federal law.--The 
        responsibilities of the Secretary described in paragraph (1) 
        are subject to the requirements of the Federal statutes related 
        to the protection of the environment and otherwise applicable 
        to the construction of the proposed facilities, including but 
        not limited to the National Environmental Policy Act of 1969, 
        the Federal Water Pollution Control Act, and the Endangered 
        Species Act of 1973. Nothing in this Act is intended to 
        predetermine or otherwise affect the outcome of any analysis 
        conducted under applicable statutes.
            ``(3) Limitation on use with other facilities.--If 
        constructed, the facilities described in paragraph (1)(A) shall 
        not be used in conjunction with any other facility authorized 
        as part of the Animas-La Plata Project without express 
        authorization from Congress.
            ``(4) Tribal construction costs.--Construction costs of the 
        facilities described in paragraph (1)(A) required to deliver 
        each tribe's municipal and industrial water allocation under 
        clauses (i), (ii), and (iii) of paragraph (1)(B) shall not be 
        reimbursable to the United States.
            ``(5) Nontribal water capital obligations.--In lieu of a 
        repayment contract under section 9 of the Reclamation Project 
        Act of 1939 (43 U.S.C. 485h), the nontribal municipal and 
        industrial water capital repayment obligations for the 
        facilities described in paragraph (1)(A) may be satisfied upon 
        the payment in full of the nontribal water capital obligations 
        prior to the initiation of construction. The amount of those 
        obligations shall be determined by agreement between the 
        Secretary of the Interior and each of the San Juan Water 
        Commission, the La Plata Conservancy District, the Animas-La 
        Plata Conservancy District, and the State of Colorado as to the 
        appropriate reimbursable share of the construction costs 
        allocated to that entity's municipal water supply and shall 
        take account that the construction of facilities to provide 
        irrigation water supplies from the Animas-La Plata Project is 
        not authorized under subsection (1)(A) and no costs associated 
        with the design or development of such facilities, including 
        environmental compliance, shall be allocable to the municipal 
        and industrial users of the facilities authorized under 
        subsection (1)(A).
            ``(6) Tribal water allocations.--
                    ``(A) In general.--With respect to municipal and 
                industrial water allocated to a Tribe from the Animas-
                La Plata Project or the Dolores Project, until that 
                water is first used by a Tribe or pursuant to a water 
                use contract with the Tribe, the Secretary shall pay 
                the annual operation, maintenance, and replacement 
                costs allocable to that municipal and industrial water 
                allocation of the Tribe.
                    ``(B) Treatment of costs.--A Tribe shall not be 
                required to reimburse the Secretary for any payment 
                made under subparagraph (A).
            ``(7) Repayment of pro rata share.--As an increment of a 
        municipal and industrial water allocation of a Tribe described 
        in paragraph (6) is first used by a Tribe or is first used 
        pursuant to the terms of a water use contract with the Tribe--
                    ``(A) repayment of that increment's pro rata share 
                of those allocable construction costs for the Dolores 
                Project shall be due from the Tribe; and
                    ``(B) the Tribe shall be responsible for bearing 
                that increment's pro rata share of the allocable annual 
                operation, maintenance, and replacement costs referred 
                to in paragraph (6).''.

SEC. 4. MISCELLANEOUS.

    The Colorado Ute Indian Water Rights Settlement Act of 1988 (Public 
Law 100-585) is amended by adding at the end the following:

``SEC. 14. NEW MEXICO AND NAVAJO NATION WATER MATTERS.

    ``(a) Assignment of Water Permit.--Upon request of the State 
Engineer of the State of New Mexico, the Secretary shall in a manner, 
consistent with the applicable State law, assign, without 
consideration, to the New Mexico Animas-La Plata Project beneficiaries 
or the New Mexico Interstate Stream Commission any portion of the 
Department of the Interior's interest in New Mexico Engineer Permit 
Number 2883, dated May 1, 1956, in order to fulfill the New Mexico 
purposes of the Animas-La Plata Project, provided that the permit 
assignment shall not affect the application of the Endangered Species 
Act of 1973 to the use of the water.
    ``(b) Navajo Nation Municipal Pipeline.--The Secretary is 
authorized to construct a water line to augment the existing system 
that conveys municipal water supplies in an amount not less than 4680 
acre feet per year of the Navajo Nation to the Navajo Indian 
Reservation at Shiprock, New Mexico. The Secretary shall comply with 
all applicable environmental laws with respect to the water line. 
Construction costs allocated to the Navajo Nation for the water line 
shall not be reimbursable to the United States.
    ``(c) Protection of Navajo Water Claims.--Nothing in this Act shall 
be construed to quantify or otherwise adversely affect the water rights 
and the claims of entitlement to water of the Navajo Nation.

``SEC. 15. TRIBAL RESOURCE FUNDS.

    ``(a) Establishment.--There is hereby authorized to be appropriated 
the total amount of $40,000,000 for 2 equal annual installment payments 
to the Tribal Resource Funds which the Secretary is authorized and 
directed to establish for each Tribe. Subject to appropriation, and 
within 60 days of availability of the appropriation to the Secretary, 
the Secretary shall allocate and make payment to the Tribal Resource 
Funds during the same fiscal years as funds are paid under section 16 
of this Act--
            ``(1) To the Southern Ute Tribal Resource Fund, in the 
        first year $10,000,000; in the succeeding year, $10,000,000.
            ``(2) To the Ute Mountain Ute Tribal Resource Fund, in the 
        first year $10,000,000; in the succeeding year, $10,000,000.
    ``(b) Adjustment.--To the extent that any portion of such amount is 
contributed after the period described above or in amounts less than 
described above, the Tribes shall, subject to appropriation Acts, 
receive, in addition to the full contribution to the Tribal Resource 
Funds, an adjustment representing the interest income as determined by 
the Secretary in his sole discretion that would have been earned on any 
unpaid amount had that amount been placed in the fund as set forth in 
subsection (a).
    ``(c) Tribal Development.--(1) The Secretary shall, in the absence 
of an approved tribal investment plan provided for in paragraph (2), 
invest the moneys in each Tribal Resource Fund in accordance with the 
Act entitled, `An Act to authorize the deposit and investment of Indian 
funds' approved June 24, 1938 (25 U.S.C. 162a). Separate accounts shall 
be maintained for each Tribe's development fund. The Secretary shall 
disburse, at the request of a Tribe, the principal and income in its 
resource fund, or any part thereof, in accordance with a resource 
acquisition and enhancement plan approved under paragraph (3).
    ``(2) Each Tribe may submit a tribal investment plan for all or 
part of its Tribal Resource Fund as an alternative to the investment 
provided for in paragraph (1). The Secretary shall approve such 
investment plan within 60 days of its submission if the Secretary finds 
the plan to be reasonable and sound. If the Secretary does not approve 
such investment plan, the Secretary shall set forth in writing and with 
particularity the reasons for such disapproval. If such investment plan 
is approved by the Secretary, the Tribal Resource Fund shall be 
disbursed to the Tribe to be invested by the Tribe in accordance with 
the approved investment plan. The Secretary may take such steps as he 
deems necessary to monitor compliance with the approved investment 
plan. The United States shall not be responsible for the review, 
approval, or audit of any individual investment under the plan. The 
United States shall not be directly or indirectly liable with respect 
to any such investment, including any act or omission of the Tribe in 
managing or investing such funds. The principal and income from tribal 
investments under an approved investment plan shall be subject to the 
provisions of this section and shall be expended in accordance with an 
economic development plan approved under paragraph (3).
    ``(3) Each Tribe shall submit a resource acquisition and 
enhancement plan for all or any portion of its Tribal Resource Fund to 
the Secretary. The Secretary shall approve such investment plan within 
60 days of its submission if the Secretary finds that it is reasonably 
related to the protection, acquisition, enhancement, or development of 
natural resources for the benefit of the Tribe and its members. If the 
Secretary does not approve such plan, the Secretary shall, at the time 
of decision, set forth in writing and with particularity the reasons 
for such disapproval. Each Tribe may alter the resource acquisition and 
enhancement plan, subject to the approval of the Secretary as set forth 
in this subsection. The Secretary shall not be directly or indirectly 
liable for any claim or cause of action arising from the approval of a 
resource, acquisition and enhancement plan or from the use and 
expenditure by the Tribe of the principal of the funds and income 
accruing to the funds, or any portion thereof, following the approval 
by the Secretary of a resource, acquisition and enhancement plan.
    ``(d) Per Capita Distributions.--Under no circumstances shall any 
part of the principal of the funds, or of the income accruing to such 
funds, or the revenue from any water use contract, be distributed to 
any member of either Tribe on a per capita basis.
    ``(e) Limitation on Setting Aside Final Consent Decree.--Neither 
the Tribes nor the United States shall have the right to set aside the 
final consent decree solely because subsection (c) is not satisfied or 
implemented.

``SEC. 16. COLORADO UTE SETTLEMENT FUND.

    ``(a) Establishment of Fund.--There is hereby established within 
the Treasury of the United States the `Colorado Ute Settlement Fund.'
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Colorado Ute Settlement Fund such funds as are 
necessary to complete construction of the facilities described in 
subsection 6(a)(1)(A).

``SEC. 17. FINAL SETTLEMENT.

    ``(a) In General.--The construction of the facilities described in 
section 6(a)(1)(A), the allocation of the water supply from those 
facilities to the Tribes as described in that section, and the 
provision of funds to the Tribes in accordance with sections 15 and 16 
shall constitute final settlement of the tribal claims to water rights 
on the Animas and La Plata Rivers in the State of Colorado.
    ``(b) Statutory Construction.--Nothing in this section shall be 
construed to affect the right of the Tribes to water rights on the 
streams and rivers described in the Agreement, other than the Animas 
and La Plata Rivers, or to acquire water rights under the laws of the 
State of Colorado.
    ``(c) Action by the Attorney General.--The Attorney General of the 
United States shall file with the District Court, Water Division Number 
7, of the State of Colorado, such instruments as may be necessary to 
request the court to amend the final consent decree to provide for the 
provisions of this Act as in effect after the date of the enactment of 
the Colorado Ute Settlement Act Amendments of 1999.

``SEC. 18. TREATMENT OF CERTAIN FUNDS.

    ``The uncommitted portion of the cost-sharing obligation of the 
State of Colorado referred to in section 6(a)(3) shall be made 
available to the State of Colorado after the date of payment of the 
amount specified in that section upon the request of the State of 
Colorado.''.

SEC. 5. STATUTORY CONSTRUCTION.

    Unless otherwise explicitly provided, nothing in this Act shall 
affect the applicability of any provision of the Colorado Ute Indian 
Water Rights Settlement Act of 1988 (Public Law 100-585) other than 
those provisions amended by this Act.
                                 <all>