[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3291 Enrolled Bill (ENR)]

        H.R.3291

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 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-sufficiency, 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 Washington 
    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 appropriated 
    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 purposes'', 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 exclusively to non-Indian use that traverses the 
    reservation to a reservoir owned by the Ivins Irrigation Company; 
    dedicated to decreed and certificated rights of irrigation 
    companies downstream of the reservation; or impounded in the 
    Gunlock Reservoir 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 adjudication of 
    water rights in the Fifth Judicial District Court in Washington 
    County, Utah, Civil No. 800507596, which encompasses 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 Adjudication within the period allowed by title 73, 
    chapter 4, Utah Code Ann., which bars the filing of claims after 
    the time prescribed 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 Agreement, 
    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 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 reservation 
    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 agreements 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 Agreement, 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 
    Reorganization 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. 
    George 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.
        (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 
    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.
        (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 Agreement 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 accordance with the St. George Water Reuse 
Project Agreement and this Act.
    (b) Project Construction Operation and Maintenance.--(1) St. George 
shall be responsible for the design, engineering, permitting, 
construction, operation, maintenance, repair, and replacement of the 
St. George Water Reuse Project, and the payment of its proportionate 
share of these project costs as provided for in the St. George Water 
Reuse Project Agreement.
    (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. George 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 consist 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 Santa 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.
    (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 anywhere 
    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 
Agreement 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 complete 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 Agreement, 
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 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 municipal 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 subdivision thereof, or any person, entity, 
    corporation, or municipal corporation.
        (3) All claims for trespass to lands on the Shivwits 
    Reservation 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.

    (a) In General.--The Secretary is authorized to establish a 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 irrigation and water 
companies, and to transfer, hold, and exercise such water and water 
rights and related interests to assist the conservation 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 acquisition 
    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 criteria 
    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 agreement 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 appropriated 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 authorized to be 
appropriated in subsections (b) and (c). Except as otherwise provided 
in this Act, the Trust Fund principal and any income accruing thereon 
shall be managed in accordance with the American 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. George Water 
    Reuse Project Agreement, the Santa Clara Project Agreement, the 
    Settlement Agreement, or for economic development on the Shivwits 
    Reservation.
        (2) $15,000,000, which shall be made available by the Secretary 
    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 appropriated 
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 proportionate 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 American 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, disbursement, 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 distributed 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 pursuant 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 Santa Clara Project 
Agreement, or the Settlement Agreement does not constitute major 
Federal action under the National Environmental 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 Agreement 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 Department 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 contrary, the 
Secretary is authorized to approve any right-of-way appraisal which has 
been completed in accordance with the provisions of the Santa Clara 
Project Agreement.

SEC. 14. EFFECTIVE DATE.

    (a) In General.--The waiver and release contained in section 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 
    appropriated;
        (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 enforceable 
    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 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 Agreement.
    (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.