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






                                                 Union Calendar No. 584
106th CONGRESS
  2d Session
                                H. R. 3112

                         [Report No. 106-1001]

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

                            October 25, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on October 
                               20, 1999]

_______________________________________________________________________

                                 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; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Colorado Ute 
Settlement Act Amendments of 2000''.
    (b) Findings.--Congress makes the following findings:
            (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 (Public Law 100-585; 102 Stat. 2973).
            (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 (Public 
        Law 100-585; 102 Stat. 2973).
            (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 can not presently be satisfied under the current 
        implementation of the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.) and the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).
            (5) In order to meet the requirements of the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.), and in particular 
        the various biological opinions issued by the Fish and Wildlife 
        Service, the amendments made by this Act are needed to provide 
        for a significant reduction in the facilities and water supply 
        contemplated under the Agreement.
            (6) The substitute benefits provided to the Tribes under 
        the amendments made by 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 (Public Law 100-585; 102 Stat. 2973).
            (7) The requirement that the Secretary of the Interior 
        comply with the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) 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.
            (8) Federal courts have considered the nature and the 
        extent of Congressional participation when reviewing Federal 
        compliance with the requirements of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (9) In considering the full range of alternatives for 
        satisfying the water rights claims of the Southern Ute Indian 
        Tribe and Ute Mountain Ute Indian Tribe, Congress has held 
        numerous legislative hearings and deliberations, and reviewed 
        the considerable record including the following documents:
                    (A) The Final EIS No. INT-FES-80-18, dated July 1, 
                1980.
                    (B) The Draft Supplement to the FES No. INT-DES-92-
                41, dated October 13, 1992.
                    (C) The Final Supplemental to the FES No. 96-23, 
                dated April 26, 1996;
                    (D) The Draft Supplemental EIS, dated January 14, 
                2000.
    (c) 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; 102 
        Stat. 2973).
            (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; 102 Stat. 2973).
            (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; 
        102 Stat. 2974).
            (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; 
        102 Stat. 2974).

SEC. 2. AMENDMENTS TO SECTION 6 OF THE COLORADO UTE INDIAN WATER RIGHTS 
              SETTLEMENT ACT OF 1988.

    Subsection (a) of section 6 of the Colorado Ute Indian Water Rights 
Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2975) is amended 
to read as follows:
    ``(a) Reservoir; Municipal and Industrial Water.--
            ``(1) Facilities.--
                    ``(A) In general.--After the date of enactment of 
                this subsection, but prior to January 1, 2005, the 
                Secretary, in order to settle the outstanding claims of 
                the Tribes on the Animas and La Plata Rivers, acting 
                through the Bureau of Reclamation, is specifically 
                authorized to--
                            ``(i) complete construction of, and 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 
                                activities; and
                                    ``(III) include those recreation 
                                facilities determined to be appropriate 
                                by agreement between the State of 
                                Colorado and the Secretary that shall 
                                address the payment of any of the costs 
                                of such facilities by the State of 
                                Colorado in addition to the costs 
                                described in paragraph (3); and
                            ``(ii) deliver, through the use of the 
                        project components referred to in clause (i), 
                        municipal and industrial water allocations--
                                    ``(I) with an average annual 
                                depletion not to exceed 16,525 acre-
                                feet of water, to the Southern Ute 
                                Indian Tribe for its present and future 
                                needs;
                                    ``(II) with an average annual 
                                depletion not to exceed 16,525 acre-
                                feet of water, to the Ute Mountain Ute 
                                Indian Tribe for its present and future 
                                needs;
                                    ``(III) with an average annual 
                                depletion not to exceed 2,340 acre-feet 
                                of water, to the Navajo Nation for its 
                                present and future needs;
                                    ``(IV) with an average annual 
                                depletion not to exceed 10,400 acre-
                                feet of water, to the San Juan Water 
                                Commission for its present and future 
                                needs;
                                    ``(V) with an average annual 
                                depletion of an amount not to exceed 
                                2,600 acre-feet of water, to the 
                                Animas-La Plata Conservancy District 
                                for its present and future needs;
                                    ``(VI) with an average annual 
                                depletion of an amount not to exceed 
                                5,230 acre-feet of water, to the State 
                                of Colorado for its present and future 
                                needs; and
                                    ``(VII) with an average annual 
                                depletion of an amount not to exceed 
                                780 acre-feet of water, to the La Plata 
                                Conservancy District of New Mexico for 
                                its present and future needs.
                    ``(B) Applicability of other federal law.--The 
                responsibilities of the Secretary described in 
                subparagraph (A) are subject to the requirements of 
                Federal laws related to the protection of the 
                environment and otherwise applicable to the 
                construction of the proposed facilities, including the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), the Clean Water Act (42 U.S.C. 7401 et 
                seq.), and the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.). Nothing in this Act shall be 
                construed to predetermine or otherwise affect the 
                outcome of any analysis conducted by the Secretary or 
                any other Federal official under applicable laws.
                    ``(C) Limitation.--
                            ``(i) In general.--If constructed, the 
                        facilities described in subparagraph (A) 
                        constitute the Animas-La Plata Project. 
                        Construction of any other project features 
                        authorized by the Colorado River Basin Project 
                        Act (Public Law 90-537; 82 Stat. 885) shall not 
                        be commenced without further authorization from 
                        Congress.
                            ``(ii) Contingency in application.--If the 
                        facilities described in subparagraph (A) are 
                        not constructed and operated, clause (i) shall 
                        not take effect.
            ``(2) Tribal construction costs.--Construction costs 
        allocable to the facilities that are required to deliver the 
        municipal and industrial water allocations described in 
        subclauses (I), (II) and (III) of paragraph (1)(A)(ii) shall be 
        nonreimbursable to the United States.
            ``(3) Nontribal water capital obligations.--
                    ``(A) In general.--Under the provisions of section 
                9 of the Act of August 4, 1939 (43 U.S.C. 485h), the 
                nontribal municipal and industrial water capital 
                repayment obligations for the facilities described in 
                paragraph (1)(A)(i) may be initially satisfied upon the 
                payment in full of the nontribal water capital 
                obligations prior to the initiation of construction. 
                The amount of the obligations described in the 
                preceding sentence shall be determined by agreement 
                between the Secretary of the Interior and the entity 
                responsible for such repayment as to the appropriate 
                reimbursable share of the construction costs allocated 
                to that entity's municipal water supply. Such agreement 
                shall take into account the fact that the construction 
                of facilities to provide irrigation water supplies from 
                the Animas-La Plata Project is not authorized under 
                paragraph (1)(A)(i) and no costs associated with the 
                design or development of such facilities, including 
                costs associated with environmental compliance, shall 
                be allocable to the municipal and industrial users of 
                the facilities authorized under such paragraph.
                    ``(B) Nontribal repayment obligation subject to 
                final cost allocation.--The nontribal repayment 
                obligation for the water supply identified in paragraph 
                (1)(A)(ii) shall be subject to a final cost allocation 
                by the Secretary upon project completion. In the event 
                that the final cost allocation indicates that 
                additional repayment is warranted based on the 
                applicable entity's share of project water supply and 
                determination of overall cost, that entity may elect to 
                enter into a new agreement to make the additional 
                payment necessary to secure the original water supply 
                identified in paragraph (1)(A)(ii). If the repayment 
                entity elects not to enter into a new agreement, the 
                portion of the water supply relinquished by such 
                election should be available to the Secretary for 
                allocation to other project purposes. Additional 
                repayment shall only be warranted for reasonable and 
                unforeseen costs associated with project construction 
                as determined by the Secretary in consultation with the 
                relevant repayment entities.
                    ``(C) Report.--Not later than April 1, 2001, the 
                Secretary shall report to Congress on the status of the 
                cost-share agreements contemplated in subparagraph (A). 
                In the event that no agreement is reached with either 
                the Animas-La Plata Conservancy District or the State 
                of Colorado for the water allocations set forth in 
                subclauses (V) and (VI) of paragraph (1)(A)(ii), those 
                allocations shall be reallocated equally to the 
                Colorado Ute Tribes.
            ``(4) 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 used 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 the payment of 
                any cost referred to in subparagraph (A).
            ``(5) Repayment of pro rata share.--Upon a Tribe's first 
        use of an increment of a municipal and industrial water 
        allocation described in paragraph (4), or the Tribe's first use 
        of such water pursuant to the terms of a water use contract--
                    ``(A) repayment of that increment's pro rata share 
                of those allocable construction costs for the Dolores 
                Project shall be made by the Tribe; and
                    ``(B) the Tribe shall bear a pro rata share of the 
                allocable annual operation, maintenance, and 
                replacement costs of the increment as referred to in 
                paragraph (4).''.

SEC. 3. MISCELLANEOUS.

    The Colorado Ute Indian Water Rights Settlement Act of 1988 (Public 
Law 100-585; 102 Stat. 2973) is amended by adding at the end the 
following:

``SEC. 15. NEW MEXICO AND NAVAJO NATION WATER
              MATTERS.

    ``(a) Assignment of Water Permit.--Upon the request of the State 
Engineer of the State of New Mexico, the Secretary shall, in a manner 
consistent with applicable law, assign, without consideration, to the 
New Mexico Animas-La Plata Project beneficiaries or to the New Mexico 
Interstate Stream Commission in accordance with the request such 
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, so long as the 
permit assignment does not affect the application of the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.) to the use of the water 
involved.
    ``(b) Navajo Nation Municipal Pipeline.--The Secretary may 
construct a water line to augment the existing system that conveys the 
municipal water supplies, in an amount not less than 4,680 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 such water line. Construction costs 
allocated to the Navajo Nation for such water line shall be 
nonreimbursable 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. 16. TRIBAL RESOURCE FUNDS.

    ``(a) Establishment.--
            ``(1) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section, $8,000,000 per 
        year for 5 fiscal years beginning in fiscal year 2002. Not 
        later than 60 days after amounts are appropriated and available 
        to the Secretary for a fiscal year under this paragraph, the 
        Secretary shall make a payment to each of the Tribal Resource 
        Funds established under paragraph (2). Each such payment shall 
        be equal to 50 percent of the amount appropriated for the 
        fiscal year involved.
            ``(2) Funds.--The Secretary shall establish a--
                    ``(A) Southern Ute Tribal Resource Fund; and
                    ``(B) Ute Mountain Ute Tribal Resource Fund.
        A separate account shall be maintained for each such Fund.
    ``(b) Tribal Development.--
            ``(1) Investment.--The Secretary shall, in the absence of 
        an approved tribal investment plan provided for under paragraph 
        (2), invest the amount 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). The Secretary, subject to subsection (e), 
        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) Investment plan.--
                    ``(A) In general.--In lieu of the investment 
                provided for in paragraph (1), a Tribe may submit a 
                tribal investment plan applicable to all or part of the 
                Tribe's Tribal Resource Fund.
                    ``(B) Approval.--Not later than 60 days after the 
                date on which an investment plan is submitted under 
                subparagraph (A), the Secretary shall approve such 
                investment plan if the Secretary finds that the plan is 
                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 subject to subsection (e), the Tribal 
                Resource Fund involved shall be disbursed to the Tribe 
                to be invested by the Tribe in accordance with the 
                approved investment plan.
                    ``(C) Compliance.--The Secretary may take such 
                steps as the Secretary determines to be necessary to 
                monitor the compliance of a Tribe with an investment 
                plan approved under subparagraph (B). 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.
                    ``(D) Economic development plan.--The principal and 
                income derived from tribal investments under an 
                investment plan approved under subparagraph (B) shall 
                be subject to the provisions of this section and shall 
                be expended only in accordance with an economic 
                development plan approved under paragraph (3).
            ``(3) Economic development plan.--
                    ``(A) In general.--Each Tribe shall submit to the 
                Secretary a resource acquisition and enhancement plan 
                for all or any portion of its Tribal Resource Fund.
                    ``(B) Approval.--Not later than 60 days after the 
                date on which a plan is submitted under subparagraph 
                (A), the Secretary shall approve such investment plan 
                if the Secretary finds that the plan 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 
                such determination, set forth in writing and with 
                particularity the reasons for such disapproval.
                    ``(C) Modification.--Subject to the approval of the 
                Secretary, each Tribe may modify a plan approved under 
                subparagraph (B).
                    ``(D) Liability.--The United States shall not be 
                directly or indirectly liable for any claim or cause of 
                action arising from the approval of a plan under this 
                paragraph, or from the use and expenditure by the Tribe 
                of the principal or interest of the Funds.
    ``(c) Limitation on Per Capita Distributions.--No part of the 
principal contained in the Tribal Resource Fund, or of the income 
accruing to such funds, or the revenue from any water use contract, 
shall be distributed to any member of either Tribe on a per capita 
basis.
    ``(d) 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 the requirements of subsection (b) 
are not complied with or implemented.
    ``(e) Limitation on Disbursement of Tribal Resource Funds.--Any 
moneys appropriated under this section shall be placed into the 
Southern Ute Tribal Resource Fund and the Ute Mountain Ute Tribal 
Resource Fund in the Treasury of the United States but shall not be 
available for disbursement under this section until the final 
settlement of the tribal claims as provided in section 18. The 
Secretary of the Interior may, in the Secretary's sole discretion, 
authorize the disbursement of funds prior to the final settlement in 
the event that the Secretary determines that substantial portions of 
the settlement have been completed. In the event that the funds are not 
disbursed under the terms of this section by December 31, 2012, such 
funds shall be deposited in the general fund of the Treasury.

``SEC. 17. COLORADO UTE SETTLEMENT FUND.

    ``(a) Establishment of Fund.--There is hereby established within 
the Treasury of the United States a fund to be known as 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 the construction of the facilities described in 
section 6(a)(1)(A) within 7 years of the date of enactment of this 
section. Such funds are authorized to be appropriated for each of the 
first 5 fiscal years beginning with the first full fiscal year 
following the date of enactment of this section.

``SEC. 18. 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, the provision of 
funds to the Tribes in accordance with section 16, and the issuance of 
an amended final consent decree as contemplated in subsection (c) 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, to receive the amounts of water dedicated to 
tribal use under the Agreement, or to acquire water rights under the 
laws of the State of Colorado.
    ``(c) Action by the Attorney General.--The Attorney General 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 amendments made to 
this Act under the Colorado Ute Settlement Act Amendments of 2000. The 
amended final consent decree shall specify terms and conditions to 
provide for an extension of the current January 1, 2005, deadline for 
the tribes to commence litigation of their reserved rights claims on 
the Animas and La Plata Rivers.

``SEC. 19. STATUTORY CONSTRUCTION; TREATMENT OF CERTAIN FUNDS.

    ``(a) In General.--Nothing in the amendments made by the Colorado 
Ute Settlement Act Amendments of 2000 shall be construed to affect the 
applicability of any provision of this Act other than those provisions 
amended.
    ``(b) Treatment of Uncommitted Portion of Cost-Sharing 
Obligation.--The uncommitted portion of the cost-sharing obligation of 
the State of Colorado referred to in section 6(a)(3) shall be made 
available, upon the request of the State of Colorado, to the State of 
Colorado after the date on which payment is made of the amount 
specified in that section.''.




                                                 Union Calendar No. 584

106th CONGRESS

  2d Session

                               H. R. 3112

                         [Report No. 106-1001]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 25, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed