[Congressional Record Volume 146, Number 54 (Thursday, May 4, 2000)]
[Senate]
[Pages S3521-S3524]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

             By Mr. CAMPBELL (for himself and Mr. Allard):

  S. 2508. A bill to amend the Colorado Ute Indian Water Rights 
Settlement Act of 1988 to provide for a final settlement of the claims 
of the Colorado Ute Indian Tribes, and for other purposes.


             COLORADO UTE SETTLEMENT ACT AMENDMENTS OF 2000

  Mr. CAMPBELL. Mr. President, today I introduce The Colorado Ute 
Settlement Act Amendment of 2000, and take this opportunity to address 
promises broken, and the opportunity for this nation to finally keep 
the promises it made to the Southern and Ute Mountain Ute Indian tribes 
of Southern Colorado (Ute tribes). If we can find the resolve to get 
this done, we will have--for the first time--honored a treaty with an 
Indian tribe.
  I am pleased to have my friend and colleague from Colorado, Senator 
Wayne Allard, join me as an original cosponsor of this bill.
  In the 1860's the United States promised the Ute tribes it would 
provide a permanent homeland for their people in the southwest. The 
water rights for that homeland remain senior over all others. Over a 
hundred years later, the tribes' water is being used by their 
neighbors. Our promise to the tribes gave them, the state, local water 
users, and the United States the choice of fighting for the water in 
court or negotiating and producing an enforceable agreement that all 
the parties can live with.
  I am proud to have been a part of the effort over the past 12 years 
that resulted in an agreement to finally settle the tribal water rights 
claims, and provide water--not promises or financial compensation--for 
all involved. But, this fight is not a new one. The legal wrangling 
over the Ute Indian water rights was already over a decade old when the 
settlement was reached in 1986. Two years later Congress enacted the 
Colorado Ute Indian Water Rights Settlement Act of 1988. The Settlement 
Act promised the Ute tribes an adequate water supply to fulfill all of 
the promises made to them in the 1860's for a homeland and an adequate 
water supply. The Settlement Act promised; if the Ute tribes would give 
up their claims to the water under their treaties, we would provide 
them with an adequate alternative water supply.
  As the chairman of the Senate Committee on Indian Affairs and as one 
who has Indian blood coursing through my veins, I am reminded almost 
every day of the promises and treaties that have been broken by the 
United States. While we in the United States Congress are sometimes 
unable to undo the results of this chain of shattered promises, we 
should at least agree that we will not continue to ignore treaties with 
any more American Indian tribes. The dismal truth is for the last ten 
years I have watched those opposed to the Animas-La Plata project work 
to prevent the federal government from fulfilling its commitment to the 
Ute Indian tribes manipulating facts and the law in an effort to deny 
our responsibilities as a nation. As a result we have squandered 
decades of time and millions of taxpayers dollars in an effort to not 
fulfill the promises made to the Ute tribes. I urge my colleagues to 
bring this sorry trail of broken promises to an end.

  I remain committed to keeping our word to the Tribes of Colorado. 
Since the tribes have urged me to introduce this further A-LP 
compromise legislation, I am persuaded that this proposal will not 
violate the promises made to the tribes in 1988. However, if this bill 
is not enacted, or the permanent opponents of the project are able to 
further frustrate and delay the construction of the project, then this 
bill will be another broken promise to another Indian tribe and I 
refuse to be a part of that. Therefore, I have only introduced this 
bill with the understanding that it will include provisions that 
prevent needless delays.
  I know there are people who will oppose any version of the Animas-La 
Plata project. In fact some groups had already signed letters rejecting 
the results of the draft supplemental environmental impact statement 
before it was made public. In part, they criticized the Department of 
Interior for prejudging the results of its analysis. I ask you, who is 
doing the prejudging? There are those who will oppose the project even 
if the final supplemental EIS reaches the same conclusion as the draft 
EIS: that constructing the facilities described by this bill is the 
least damaging way of fulfilling the federal government's promises to 
the Ute tribes.
  It is absurd to continue to negotiate with those prepared to oppose 
any version of this project or to support efforts to continue to delay 
our moral and legal obligation to the Tribes.
  First, my bill recognizes that a great deal of environmental review 
has already occurred, and that the facts have not changed, no matter 
what version of this project is discussed. The Interior Secretary is to 
continue his effort to produce a final supplemental EIS for the 
project. However, this bill makes clear that if the Secretary 
ultimately selects ``alternative #4,'' it will reflect that the 
Congress will also have had the opportunity to review the same record, 
and we concur with this judgment.

  Similarly, the bill makes clear that if the U.S. Fish and Wildlife 
Service determines that an annual diversion of 57,100 acre feet of 
water can occur without jeopardizing the habitat of endangered fish not 
known to be there, Congress concurs and believes that the project 
should move forward, and allocate quantities of water in the manner 
provided for in this bill. In short, this bill is the last, best chance 
to keep the Tribes from suing the federal government and, in all 
likelihood, prevail at an unknown cost to taxpayers.
  For those who hope to wait even longer before proceeding with this

[[Page S3522]]

project, I will point out that as of January 1, 2000, federal law 
authorized the Ute tribes to return to court to assert their claims for 
the water already being used in southwestern Colorado. Perhaps they 
should. In a demonstration of their good faith, the tribes have not yet 
returned to court to assert their claims. But we only have a small 
window of opportunity before the tribes must either assert their claims 
or allow them to lapse.
  At any time, the tribes could now choose to return to court. I am 
determined to bring this matter before the Senate, one last time. We 
cannot allow this bill to become another step in the long trail of 
broken promises. We are a nation based on the respect for the law. Our 
compassion, our limitless dedication to defending the truth, and our 
history of preserving the dignity of even the least of us is well 
documented. So, too, is our atrocious record of respect for the rights 
and the most basic tenets of human dignity when it comes to the first 
Americans on this continent.
  I urge my colleagues to support this important legislation and ask 
unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2508

       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) shall not be used in conjunction with any 
     other facility authorized as part of the Animas-La Plata 
     Project without express 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.--Under the 
     provisions of section 9 of the Act of August 4, 1939 (43 
     U.S.C. 485h), the

[[Page S3523]]

     nontribal municipal and industrial water capital repayment 
     obligations for the facilities described in paragraph 
     (1)(A)(i) may be 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.
       ``(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. COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT 
                   OF 1969.

       Section 6 of the Colorado Ute Indian Water Rights 
     Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2975) 
     is amended by adding at the end the following:
       ``(i) Compliance with the National Environmental Policy Act 
     of 1969.--
       ``(1) Authority.--Nothing in this Act shall be construed to 
     alter, amend, or modify the authority or discretion of the 
     Secretary or any other Federal official under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
     any other Federal law.
       ``(2) Determination of congress.--Subject to paragraph (3), 
     in any defense to a challenge of the Final Environmental 
     Impact Statement prepared pursuant to the Notice of Intent to 
     Prepare a Draft Environmental Impact Statement, as published 
     in the Federal Register on January 4, 1999 (64 Fed Reg 176-
     179), or the compliance with the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the Federal 
     Water Pollution Control Act (33 U.S.C. 1251 et seq.), and in 
     addition to the Record of Decision and any other documents or 
     materials submitted in defense of its decision, the United 
     States may assert in its defense that Congress, based upon 
     the deliberations and review described in paragraph (9) of 
     section 1(b) of the Colorado Ute Settlement Act Amendments of 
     2000, has determined that the alternative described in such 
     Final Statement meets the Federal government's water supply 
     obligations to the Ute tribes under this Act in a manner that 
     provides the most benefits to, and has the least impact on, 
     the quality of the human environment.
       ``(3) Application of provision.--This subsection shall only 
     apply if Alternative #4, as presented in the Draft 
     Supplemental Environmental Impact Statement dated January 14, 
     2000, or an alternative substantially similar to Alternative 
     #4, is selected by the Secretary.
       ``(4) No effect of modification of facilities.--The 
     application of this section shall not be affected by a 
     modification of the facilities described in subsection 
     (a)(1)(A)(i) to address the provisions in the San Juan River 
     Recovery Implementation Program.''.

     SEC. 4. COMPLIANCE WITH THE ENDANGERED SPECIES ACT OF 1973.

       Section 6 of the Colorado Ute Indian Water Rights 
     Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2975), 
     as amended by section 3, is amended by adding at the end the 
     following:
       ``(j) Compliance With the Endangered Species Act of 1973.--
       ``(1) Authority.--Nothing in this section shall be 
     construed to alter, amend, or modify the authority or 
     discretion of the Secretary or any other Federal official 
     under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.) or any other Federal law.
       ``(2) Determination of congress.--Subject to paragraph (3), 
     in any defense to a challenge of the Biological Opinion 
     resulting from the Bureau of Reclamation Biological 
     Assessment, January 14, 2000, or the compliance with the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and 
     in addition to the Record of Decision and any other documents 
     or materials submitted in defense of its decision, the United 
     States may assert in its defense that Congress, based on the 
     deliberations and review described in paragraph (9) of 
     section 1(b) of the Colorado Ute Settlement Act Amendments of 
     2000, has determined that constructing and operating the 
     facilities described in subsection (a)(1)(A)(i) meets the 
     Federal government's water supply obligation to the Ute 
     tribes under that Act without violating the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.).
       ``(3) Application of provision.--This subsection shall only 
     apply if the Biological Opinion referred to in paragraph (2) 
     or any reasonable and prudent alternative suggested by the 
     Secretary pursuant to section 7 of the Endangered Species Act 
     of 1973 (16 U.S.C. 1536) authorizes an average annual 
     depletion of at least 57,100 acre feet of water.
       ``(4) No effect of modification of facilities.--The 
     application of this subsection shall not be affected by a 
     modification of the facilities described in subsection 
     (a)(1)(A)(i) to address the provisions in the San Juan River 
     Recovery Implementation Program.''.

     SEC. 5. 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 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, 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, $20,000,000 for 
     fiscal year 2001 and $20,000,000 for 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) Adjustment.--To the extent that the amount 
     appropriated under subsection (a)(1) in any fiscal year is 
     less than the amount authorized for such fiscal year under 
     such subsection, the Secretary shall, subject to the 
     availability of appropriations, pay to each of the Tribal 
     Reserve Funds an adjustment amount equal to the interest 
     income, as determined by the Secretary in his or her sole 
     discretion, that would have been earned on the amount 
     authorized but not appropriated under such subsection had 
     that amount been placed in the Fund as required under such 
     subsection.
       ``(c) 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 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, the Tribal Resource Fund involved 
     shall be disbursed to the Tribe to be invested by the Tribe 
     in accordance with the approved investment plan.

[[Page S3524]]

       ``(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.
       ``(d) 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.
       ``(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 the 
     requirements of subsection (c) are not complied with or 
     implemented.

     ``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 6 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.
       ``(c) Interest.--Amounts appropriated under subsection (b) 
     shall accrue interest, to be paid on the dates that are 1, 2, 
     3, 4, and 5 years after the date of enactment of this 
     section, at a rate to be determined by the Secretary of the 
     Treasury taking into consideration the average market yield 
     on outstanding Federal obligations of comparable maturity, 
     except that no such interest shall be paid during any period 
     where a binding final court order prevents construction of 
     the facilities described in section 6(a)(1)(A).

     ``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, and the provision of funds to the Tribes in 
     accordance with sections 16 and 17 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 Indian Water Rights Settlement Act 
     Amendments of 2000.

     ``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.
       ``(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.''.
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