[Congressional Record Volume 149, Number 80 (Tuesday, June 3, 2003)]
[House]
[Pages H4797-H4804]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ZUNI INDIAN TRIBE WATER RIGHTS SETTLEMENT ACT OF 2003
Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 222) to approve the settlement of the water rights
claims of the Zuni Indian Tribe in Apache County, Arizona, and for
other purposes.
The Clerk read as follows:
S. 222
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 ``Zuni Indian Tribe Water
Rights Settlement Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) It is the policy of the United States, in keeping with
its trust responsibility to Indian tribes, to promote Indian
self-determination, religious freedom, political and cultural
integrity, and economic self-sufficiency, and to settle,
wherever possible, the water rights claims of Indian tribes
without lengthy and costly litigation.
(2) Quantification of rights to water and development of
facilities needed to use tribal water supplies effectively is
essential to the development of viable Indian reservation
communities, particularly in arid western States.
(3) On August 28, 1984, and by actions subsequent thereto,
the United States established a reservation for the Zuni
Indian Tribe in Apache County, Arizona upstream from the
confluence of the Little Colorado and Zuni Rivers for long-
standing religious and sustenance activities.
(4) The water rights of all water users in the Little
Colorado River basin in Arizona have been in litigation since
1979, in the Superior Court of the State of Arizona in and
for the County of Apache in Civil No. 6417, In re The General
Adjudication of All Rights to Use Water in the Little
Colorado River System and Source.
(5) Recognizing that the final resolution of the Zuni
Indian Tribe's water claims through litigation will take many
years and entail great expense to all parties, continue to
limit the Tribe's access to water with economic, social, and
cultural consequences to the Tribe, prolong uncertainty as to
the availability of water supplies, and seriously impair the
long-term economic planning and development of all parties,
the Tribe and neighboring non-Indians have sought to settle
their disputes to water and reduce the burdens of litigation.
(6) After more than 4 years of negotiations, which included
participation by representatives of the United States, the
Zuni Indian Tribe, the State of Arizona, and neighboring non-
Indian communities in the Little Colorado River basin, the
parties have entered into a Settlement Agreement to resolve
all of the Zuni Indian Tribe's water rights claims and to
assist the Tribe in acquiring surface water rights, to
provide for the Tribe's use of groundwater, and to provide
for the wetland restoration of the Tribe's lands in Arizona.
[[Page H4798]]
(7) To facilitate the wetland restoration project
contemplated under the Settlement Agreement, the Zuni Indian
Tribe acquired certain lands along the Little Colorado River
near or adjacent to its Reservation that are important for
the success of the project and will likely acquire a small
amount of similarly situated additional lands. The parties
have agreed not to object to the United States taking title
to certain of these lands into trust status; other lands
shall remain in tribal fee status. The parties have worked
extensively to resolve various governmental concerns
regarding use of and control over those lands, and to provide
a successful model for these types of situations, the State,
local, and tribal governments intend to enter into an
Intergovernmental Agreement that addresses the parties'
governmental concerns.
(8) Pursuant to the Settlement Agreement, the neighboring
non-Indian entities will assist in the Tribe's acquisition of
surface water rights and development of groundwater, store
surface water supplies for the Zuni Indian Tribe, and make
substantial additional contributions to carry out the
Settlement Agreement's provisions.
(9) To advance the goals of Federal Indian policy and
consistent with the trust responsibility of the United States
to the Tribe, it is appropriate that the United States
participate in the implementation of the Settlement Agreement
and contribute funds for the rehabilitation of religious
riparian areas and other purposes to enable the Tribe to use
its water entitlement in developing its Reservation.
(b) Purposes.--The purposes of this Act are--
(1) to approve, ratify, and confirm the Settlement
Agreement entered into by the Tribe and neighboring non-
Indians;
(2) to authorize and direct the Secretary of the Interior
to execute and perform the Settlement Agreement and related
waivers;
(3) to authorize and direct the United States to take legal
title and hold such title to certain lands in trust for the
benefit of the Zuni Indian Tribe; and
(4) to authorize the actions, agreements, and
appropriations as provided for in the Settlement Agreement
and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eastern lcr basin.--The term ``Eastern LCR basin''
means the portion of the Little Colorado River basin in
Arizona upstream of the confluence of Silver Creek and the
Little Colorado River, as identified on Exhibit 2.10 of the
Settlement Agreement.
(2) Fund.--The term ``Fund'' means the Zuni Indian Tribe
Water Rights Development Fund established by section 6(a).
(3) Intergovernmental agreement.--The term
``Intergovernmental Agreement'' means the intergovernmental
agreement between the Zuni Indian Tribe, Apache County,
Arizona and the State of Arizona described in article 6 of
the Settlement Agreement.
(4) Pumping protection agreement.--The term ``Pumping
Protection Agreement'' means an agreement, described in
article 5 of the Settlement Agreement, between the Zuni
Tribe, the United States on behalf of the Tribe, and a local
landowner under which the landowner agrees to limit pumping
of groundwater on his lands in exchange for a waiver of
certain claims by the Zuni Tribe and the United States on
behalf of the Tribe.
(5) Reservation; zuni heaven reservation.--The term
``Reservation'' or ``Zuni Heaven Reservation'', also referred
to as ``Kolhu:wala:wa'', means the following property in
Apache County, Arizona: Sections 26, 27, 28, 33, 34, and 35,
Township 15 North, Range 26 East, Gila and Salt River Base
and Meridian; and Sections 2, 3, 4, 9, 10, 11, 13, 14, 15,
16, 23, 26, and 27, Township 14 North, Range 26 East, Gila
and Salt River Base and Meridian.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Settlement agreement.--The term ``Settlement
Agreement'' means that agreement dated June 7, 2002, together
with all exhibits thereto. The parties to the Settlement
Agreement include the Zuni Indian Tribe and its members, the
United States on behalf of the Tribe and its members, the
State of Arizona, the Arizona Game and Fish Commission, the
Arizona State Land Department, the Arizona State Parks Board,
the St. Johns Irrigation and Ditch Co., the Lyman Water Co.,
the Round Valley Water Users' Association, the Salt River
Project Agricultural Improvement and Power District, the
Tucson Electric Power Company, the City of St. Johns, the
Town of Eagar, and the Town of Springerville.
(8) SRP.--The term ``SRP'' means the Salt River Project
Agricultural Improvement and Power District, a political
subdivision of the State of Arizona.
(9) TEP.--The term ``TEP'' means Tucson Electric Power
Company.
(10) Tribe, zuni tribe, or zuni indian tribe.--The terms
``Tribe'', ``Zuni Tribe'', or ``Zuni Indian Tribe'' means the
body politic and federally recognized Indian nation, and its
members.
(11) Zuni lands.--The term ``Zuni Lands'' means all the
following lands, in the State of Arizona, that, on the
effective date described in section 9(a), are--
(A) within the Zuni Heaven Reservation;
(B) held in trust by the United States for the benefit of
the Tribe or its members; or
(C) held in fee within the Little Colorado River basin by
or for the Tribe.
SEC. 4. AUTHORIZATION, RATIFICATIONS, AND CONFIRMATIONS.
(a) Settlement Agreement.--To the extent the Settlement
Agreement does not conflict with the provisions of this Act,
such Settlement Agreement is hereby approved, ratified,
confirmed, and declared to be valid. The Secretary is
authorized and directed to execute the Settlement Agreement
and any amendments approved by the parties necessary to make
the Settlement Agreement consistent with this Act. The
Secretary is further authorized to perform any actions
required by the Settlement Agreement and any amendments to
the Settlement Agreement that may be mutually agreed upon by
the parties to the Settlement Agreement.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Zuni Indian Tribe Water Rights
Development Fund established in section 6(a), $19,250,000, to
be allocated by the Secretary as follows:
(1) $3,500,000 for fiscal year 2004, to be used for the
acquisition of water rights and associated lands, and other
activities carried out, by the Zuni Tribe to facilitate the
enforceability of the Settlement Agreement, including the
acquisition of at least 2,350 acre-feet per year of water
rights before the deadline described in section 9(b).
(2) $15,750,000, of which $5,250,000 shall be made
available for each of fiscal years 2004, 2005, and 2006, to
take actions necessary to restore, rehabilitate, and maintain
the Zuni Heaven Reservation, including the Sacred Lake,
wetlands, and riparian areas as provided for in the
Settlement Agreement and under this Act.
(c) Other Agreements.--Except as provided in section 9, the
following 3 separate agreements, together with all amendments
thereto, are approved, ratified, confirmed, and declared to
be valid:
(1) The agreement between SRP, the Zuni Tribe, and the
United States on behalf of the Tribe, dated June 7, 2002.
(2) The agreement between TEP, the Zuni Tribe, and the
United States on behalf of the Tribe, dated June 7, 2002.
(3) The agreement between the Arizona State Land
Department, the Zuni Tribe, and the United States on behalf
of the Tribe, dated June 7, 2002.
SEC. 5. TRUST LANDS.
(a) New Trust Lands.--Upon satisfaction of the conditions
in paragraph 6.2 of the Settlement Agreement, and after the
requirements of section 9(a) have been met, the Secretary
shall take the legal title of the following lands into trust
for the benefit of the Zuni Tribe:
(1) In T. 14 N., R. 27 E., Gila and Salt River Base and
Meridian:
(A) Section 13: SW 1/4, S 1/2 NE 1/4 SE 1/4, W 1/2 SE 1/4,
SE 1/4 SE 1/4;
(B) Section 23: N 1/2, N 1/2 SW 1/4, N 1/2 SE 1/4, SE 1/4
SE 1/4, N 1/2 SW 1/4 SE 1/4, SE 1/4 SW 1/4 SE 1/4;
(C) Section 24: NW 1/4, SW 1/4, S 1/2 NE 1/4, N 1/2 SE 1/4;
and
(D) Section 25: N 1/2 NE 1/4, SE 1/4 NE 1/4, NE 1/4 SE 1/4.
(2) In T. 14 N., R. 28 E., Gila and Salt River Base and
Meridian:
(A) Section 19: W 1/2 E 1/2 NW 1/4, W 1/2 NW 1/4, W 1/2 NE
1/4 SW 1/4, NW 1/4 SW 1/4, S 1/2 SW 1/4;
(B) Section 29: SW 1/4 SW 1/4 NW 1/4, NW 1/4 NW 1/4 SW 1/4,
S 1/2 N 1/2 SW 1/4, S 1/2 SW 1/4, S 1/2 NW 1/4 SE 1/4, SW 1/4
SE 1/4;
(C) Section 30: W 1/2 , SE 1/4; and
(D) Section 31: N 1/2 NE 1/4, N 1/2 S 1/2 NE 1/4, S 1/2 SE
1/4 NE 1/4, NW 1/4, E 1/2 SW 1/4, N 1/2 NW 1/4 SW 1/4, SE 1/4
NW 1/4 SW 1/4, E 1/2 SW 1/4 SW 1/4, SW 1/4 SW 1/4 SW 1/4.
(b) Future Trust Lands.--Upon satisfaction of the
conditions in paragraph 6.2 of the Settlement Agreement,
after the requirements of section 9(a) have been met, and
upon acquisition by the Zuni Tribe, the Secretary shall take
the legal title of the following lands into trust for the
benefit of the Zuni Tribe:
(1) In T. 14 N., R. 26E., Gila and Salt River Base and
Meridian: Section 25: N 1/2 NE 1/4, N 1/2 S 1/2 NE 1/4, NW 1/
4, N 1/2 NE 1/4 SW 1/4, NE 1/4 NW 1/4 SW 1/4.
(2) In T. 14 N., R. 27 E., Gila and Salt River Base and
Meridian:
(A) Section 14: SE 1/4 SW 1/4, SE 1/4;
(B) Section 16: S 1/2 SW 1/4 SE 1/4;
(C) Section 19: S 1/2 SE 1/4 SE 1/4;
(D) Section 20: S 1/2 SW 1/4 SW 1/4, E 1/2 SE 1/4 SE 1/4;
(E) Section 21: N 1/2 NE 1/4, E 1/2 NE 1/4 NW 1/4, SE 1/4
NW 1/4, W 1/2 SW 1/4 NE 1/4, N 1/2 NE 1/4 SW 1/4, SW 1/4 NE
1/4 SW 1/4, E 1/2 NW 1/4 SW 1/4, SW 1/4 NW 1/4 SW 1/4, W 1/2
SW 1/4 SW 1/4;
(F) Section 22: SW 1/4 NE 1/4 NE 1/4, NW 1/4 NE 1/4, S 1/2
NE 1/4, N 1/2 NW 1/4, SE 1/4 NW1/4, N 1/2 SW 1/4 NW 1/4, SE
1/4 SW 1/4 NW 1/4, N 1/2 N 1/2 SE 1/4, N 1/2 NE 1/4 SW 1/4;
(G) Section 24: N 1/2 NE 1/4, S 1/2 SE 1/4;
(H) Section 29: N 1/2 N 1/2;
(I) Section 30: N 1/2 N 1/2, N 1/2 S 1/2 NW 1/4, N 1/2 SW
1/4 NE 1/4; and
(J) Section 36: SE 1/4 SE 1/4 NE 1/4, NE 1/4 NE 1/4 SE 1/4.
(3) In T. 14 N., R. 28 E., Gila and Salt River Base and
Meridian:
(A) Section 18: S 1/2 NE 1/4, NE 1/4 SW 1/4, NE 1/4 NW 1/4
SW 1/4, S 1/2 NW 1/4 SW 1/4, S 1/2 SW 1/4, N 1/2 SE 1/4, N 1/
2 SW 1/4 SE 1/4, SE 1/4 SE 1/4;
(B) Section 30: S 1/2 NE 1/4, W 1/2 NW 1/4 NE 1/4; and
(C) Section 32: N 1/2 NW 1/4 NE 1/4, SW 1/4 NE 1/4, S 1/2
SE 1/4 NE 1/4, NW 1/4, SW 1/4, N 1/2 SE 1/4, SW 1/4 SE 1/4, N
1/2 SE 1/4 SE 1/4, SW 1/4 SE 1/4 SE 1/4.
[[Page H4799]]
(c) New Reservation Lands.--Upon satisfaction of the
conditions in paragraph 6.2 of the Settlement Agreement,
after the requirements of section 9(a) have been met, and
upon acquisition by the Zuni Tribe, the Secretary shall take
the legal title of the following lands in Arizona into trust
for the benefit of the Zuni Tribe and make such lands part of
the Zuni Indian Tribe Reservation in Arizona: Section 34, T.
14 N., R. 26 E., Gila and Salt River Base and Meridian.
(d) Limitation on Secretarial Discretion.--The Secretary
shall have no discretion regarding the acquisitions described
in subsections (a), (b), and (c).
(e) Lands Remaining in Fee Status.--The Zuni Tribe may seek
to have the legal title to additional lands in Arizona, other
than the lands described in subsection (a), (b), or (c),
taken into trust by the United States for the benefit of the
Zuni Indian Tribe pursuant only to an Act of Congress enacted
after the date of enactment of this Act specifically
authorizing the transfer for the benefit of the Zuni Tribe.
(f) Final Agency Action.--Any written certification by the
Secretary under subparagraph 6.2.B of the Settlement
Agreement constitutes final agency action under the
Administrative Procedure Act and is reviewable as provided
for under chapter 7 of title 5, United States Code.
(g) No Federal Water Rights.--Lands taken into trust
pursuant to subsection (a), (b), or (c) shall not have
Federal reserved rights to surface water or groundwater.
(h) State Water Rights.--The water rights and uses for the
lands taken into trust pursuant to subsection (a) or (c) must
be determined under subparagraph 4.1.A and article 5 of the
Settlement Agreement. With respect to the lands taken into
trust pursuant to subsection (b), the Zuni Tribe retains any
rights or claims to water associated with these lands under
State law, subject to the terms of the Settlement Agreement.
(i) Forfeiture and Abandonment.--Water rights that are
appurtenant to lands taken into trust pursuant to subsection
(a), (b), or (c) shall not be subject to forfeiture and
abandonment.
(j) Ad Valorem Taxes.--With respect to lands that are taken
into trust pursuant to subsection (a) or (b), the Zuni Tribe
shall make payments in lieu of all current and future State,
county, and local ad valorem property taxes that would
otherwise be applicable to those lands if they were not in
trust.
(k) Authority of Tribe.--For purposes of complying with
this section and article 6 of the Settlement Agreement, the
Tribe is authorized to enter into--
(1) the Intergovernmental Agreement between the Zuni Tribe,
Apache County, Arizona, and the State of Arizona; and
(2) any intergovernmental agreement required to be entered
into by the Tribe under the terms of the Intergovernmental
Agreement.
(l) Federal Acknowledgement of Intergovernmental
Agreements.--
(1) In general.--The Secretary shall acknowledge the terms
of any intergovernmental agreement entered into by the Tribe
under this section.
(2) No abrogation.--The Secretary shall not seek to
abrogate, in any administrative or judicial action, the terms
of any intergovernmental agreement that are consistent with
subparagraph 6.2.A of the Settlement Agreement and this Act.
(3) Removal.--
(A) In general.--Except as provided in subparagraph (B), if
a judicial action is commenced during a dispute over any
intergovernmental agreement entered into under this section,
and the United States is allowed to intervene in such action,
the United States shall not remove such action to the Federal
courts.
(B) Exception.--The United States may seek removal if--
(i) the action concerns the Secretary's decision regarding
the issuance of rights-of-way under section 8(c);
(ii) the action concerns the authority of a Federal agency
to administer programs or the issuance of a permit under--
(I) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(II) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(III) the Clean Air Act (42 U.S.C. 7401 et seq.); or
(IV) any other Federal law specifically addressed in
intergovernmental agreements; or
(iii) the intergovernmental agreement is inconsistent with
a Federal law for the protection of civil rights, public
health, or welfare.
(m) Rule of Construction.--Nothing in this Act shall be
construed to affect the application of the Act of May 25,
1918 (25 U.S.C. 211) within the State of Arizona.
(n) Disclaimer.--Nothing in this section repeals, modifies,
amends, changes, or otherwise affects the Secretary's
obligations to the Zuni Tribe pursuant to the Act entitled
``An Act to convey certain lands to the Zuni Indian Tribe for
religious purposes'' approved August 28, 1984 (Public Law 98-
408; 98 Stat. 1533) (and as amended by the Zuni Land
Conservation Act of 1990 (Public Law 101-486; 104 Stat.
1174)).
SEC. 6. DEVELOPMENT FUND.
(a) Establishment of the Fund.--
(1) In general.--There is established in the Treasury of
the United States a fund to be known as the ``Zuni Indian
Tribe Water Rights Development Fund'', to be managed and
invested by the Secretary, consisting of--
(A) the amounts authorized to be appropriated in section
4(b); and
(B) the appropriation to be contributed by the State of
Arizona pursuant to paragraph 7.6 of the Settlement
Agreement.
(2) Additional deposits.--The Secretary shall deposit in
the Fund any other monies paid to the Secretary on behalf of
the Zuni Tribe pursuant to the Settlement Agreement.
(b) Management of the Fund.--The Secretary shall manage the
Fund, make investments from the Fund, and make monies
available from the Fund for distribution to the Zuni Tribe
consistent with the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.) (referred to in
this section as the ``Trust Fund Reform Act''), this Act, and
the Settlement Agreement.
(c) Investment of the Fund.--The Secretary shall invest
amounts in the Fund in accordance with--
(1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25
U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (52 Stat.
1037, ch. 648, 25 U.S.C. 162a); and
(3) subsection (b).
(d) Availability of Amounts From the Fund.--The funds
authorized to be appropriated pursuant to section 3104(b)(2)
and funds contributed by the State of Arizona pursuant to
paragraph 7.6 of the Settlement Agreement shall be available
for expenditure or withdrawal only after the requirements of
section 9(a) have been met.
(e) Expenditures and Withdrawal.--
(1) Tribal management plan.--
(A) In general.--The Zuni Tribe may withdraw all or part of
the Fund on approval by the Secretary of a tribal management
plan as described in the Trust Fund Reform Act.
(B) Requirements.--In addition to the requirements under
the Trust Fund Reform Act, the tribal management plan shall
require that the Zuni Tribe spend any funds in accordance
with the purposes described in section 4(b).
(2) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any tribal
management plan to ensure that any monies withdrawn from the
Fund under the plan are used in accordance with this Act.
(3) Liability.--If the Zuni Tribe exercises the right to
withdraw monies from the Fund, neither the Secretary nor the
Secretary of the Treasury shall retain any liability for the
expenditure or investment of the monies withdrawn.
(4) Expenditure plan.--
(A) In general.--The Zuni Tribe shall submit to the
Secretary for approval an expenditure plan for any portion of
the funds made available under this Act that the Zuni Tribe
does not withdraw under this subsection.
(B) Description.--The expenditure plan shall describe the
manner in which, and the purposes for which, funds of the
Zuni Tribe remaining in the Fund will be used.
(C) Approval.--On receipt of an expenditure plan under
subparagraph (A), the Secretary shall approve the plan if the
Secretary determines that the plan is reasonable and
consistent with this Act.
(5) Annual report.--The Zuni Tribe shall submit to the
Secretary an annual report that describes all expenditures
from the Fund during the year covered by the report.
(f) Funds for Acquisition of Water Rights.--
(1) Water rights acquisitions.--Notwithstanding subsection
(e), the funds authorized to be appropriated pursuant to
section 4(b)(1)--
(A) shall be available upon appropriation for use in
accordance with section 4(b)(1); and
(B) shall be distributed by the Secretary to the Zuni Tribe
on receipt by the Secretary from the Zuni Tribe of a written
notice and a tribal council resolution that describe the
purposes for which the funds will be used.
(2) Right to set off.--In the event the requirements of
section 9(a) have not been met and the Settlement Agreement
has become null and void under section 9(b), the United
States shall be entitled to set off any funds expended or
withdrawn from the amount appropriated pursuant to section
4(b)(1), together with any interest accrued, against any
claims asserted by the Zuni Tribe against the United States
relating to water rights at the Zuni Heaven Reservation.
(3) Water rights.--Any water rights acquired with funds
described in paragraph (1) shall be credited against any
water rights secured by the Zuni Tribe, or the United States
on behalf of the Zuni Tribe, for the Zuni Heaven Reservation
in the Little Colorado River General Stream Adjudication or
in any future settlement of claims for those water rights.
(g) No Per Capita Distributions.--No part of the Fund shall
be distributed on a per capita basis to members of the Zuni
Tribe.
SEC. 7. CLAIMS EXTINGUISHMENT; WAIVERS AND RELEASES.
(a) Full Satisfaction of Members' Claims.--
(1) In general.--The benefits realized by the Tribe and its
members under this Act, including retention of any claims and
rights, shall constitute full and complete satisfaction of
all members' claims for--
(A) water rights under Federal, State, and other laws
(including claims for water rights in groundwater, surface
water, and effluent) for Zuni Lands from time immemorial
[[Page H4800]]
through the effective date described in section 9(a) and any
time thereafter; and
(B) injuries to water rights under Federal, State, and
other laws (including claims for water rights in groundwater,
surface water, and effluent, claims for damages for
deprivation of water rights, and claims for changes to
underground water table levels) for Zuni Lands from time
immemorial through the effective date described in section
9(a).
(2) No recognition or establishment of individual water
right.--Nothing in this Act recognizes or establishes any
right of a member of the Tribe to water on the Reservation.
(b) Tribe and United States Authorization and Water
Quantity Waivers.--The Tribe, on behalf of itself and its
members and the Secretary on behalf of the United States in
its capacity as trustee for the Zuni Tribe and its members,
are authorized, as part of the performance of their
obligations under the Settlement Agreement, to execute a
waiver and release, subject to paragraph 11.4 of the
Settlement Agreement, for claims against the State of
Arizona, or any agency or political subdivision thereof, or
any other person, entity, corporation, or municipal
corporation, under Federal, State, or other law for any and
all--
(1) past, present, and future claims to water rights
(including water rights in groundwater, surface water, and
effluent) for Zuni Lands from time immemorial through the
effective date described in section 9(a) and any time
thereafter, except for claims within the Zuni Protection Area
as provided in article 5 of the Settlement Agreement;
(2) past and present claims for injuries to water rights
(including water rights in groundwater, surface water, and
effluent and including claims for damages for deprivation of
water rights and any claims for changes to underground water
table levels) for Zuni Lands from time immemorial through the
effective date described in section 9(a); and
(3) past, present, and future claims for water rights and
injuries to water rights (including water rights in
groundwater, surface water, and effluent and including any
claims for damages for deprivation of water rights and any
claims for changes to underground water table levels) from
time immemorial through the effective date described in
section 9(a), and any time thereafter, for lands outside of
Zuni Lands but located within the Little Colorado River basin
in Arizona, based upon aboriginal occupancy of lands by the
Zuni Tribe or its predecessors.
(c) Tribal Waivers Against the United States.--The Tribe is
authorized, as part of the performance of its obligations
under the Settlement Agreement, to execute a waiver and
release, subject to paragraphs 11.4 and 11.6 of the
Settlement Agreement, for claims against the United States
(acting in its capacity as trustee for the Zuni Tribe or its
members, or otherwise acting on behalf of the Zuni Tribe or
its members), including any agencies, officials, or employees
thereof, for any and all--
(1) past, present, and future claims to water rights
(including water rights in groundwater, surface water, and
effluent) for Zuni Lands, from time immemorial through the
effective date described in section 9(a) and any time
thereafter;
(2) past and present claims for injuries to water rights
(including water rights in groundwater, surface water, and
effluent and any claims for damages for deprivation of water
rights) for Zuni Lands from time immemorial through the
effective date described in section 9(a);
(3) past, present, and future claims for water rights and
injuries to water rights (including water rights in
groundwater, surface water, and effluent and any claims for
damages for deprivation of water rights) from time immemorial
through the effective date described in section 9(a), and any
time thereafter, for lands outside of Zuni Lands but located
within the Little Colorado River basin in Arizona, based upon
aboriginal occupancy of lands by the Zuni Tribe or its
predecessors;
(4) past and present claims for failure to protect,
acquire, or develop water rights of, or failure to protect
water quality for, the Zuni Tribe within the Little Colorado
River basin in Arizona from time immemorial through the
effective date described in section 9(a); and
(5) claims for breach of the trust responsibility of the
United States to the Zuni Tribe arising out of the
negotiation of the Settlement Agreement or this Act.
(d) Tribal Waiver of Water Quality Claims and Interference
With Trust Claims.--
(1) Claims against the state and others.--
(A) Interference with trust responsibility.--The Tribe, on
behalf of itself and its members, is authorized, as part of
the performance of its obligations under the Settlement
Agreement, to waive and release all claims against the State
of Arizona, or any agency or political subdivision thereof,
or any other person, entity, corporation, or municipal
corporation under Federal, State, or other law, for claims of
interference with the trust responsibility of the United
States to the Zuni Tribe arising out of the negotiation of
the Settlement Agreement or this Act.
(B) Injury or threat of injury to water quality.--The
Tribe, on behalf of itself and its members, is authorized, as
part of the performance of its obligations under the
Settlement Agreement, to waive and release, subject to
paragraphs 11.4, 11.6, and 11.7 of the Settlement Agreement,
all claims against the State of Arizona, or any agency or
political subdivision thereof, or any other person, entity,
corporation, or municipal corporation under Federal, State,
or other law, for--
(i) any and all past and present claims, including natural
resource damage claims under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.), or any other applicable statute, for injury to
water quality accruing from time immemorial through the
effective date described in section 9(a), for lands within
the Little Colorado River basin in the State of Arizona; and
(ii) any and all future claims, including natural resource
damage claims under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et
seq.), or any other applicable statute, for injury or threat
of injury to water quality, accruing after the effective date
described in section 9(a), for any lands within the Eastern
LCR basin caused by--
(I) the lawful diversion or use of surface water;
(II) the lawful withdrawal or use of underground water,
except within the Zuni Protection Area, as provided in
article 5 of the Settlement Agreement;
(III) the Parties' performance of any obligations under the
Settlement Agreement;
(IV) the discharge of oil associated with routine physical
or mechanical maintenance of wells or diversion structures
not inconsistent with applicable law;
(V) the discharge of oil associated with routine start-up
and operation of well pumps not inconsistent with applicable
law; or
(VI) any combination of the causes described in subclauses
(I) through (V).
(2) Claims of the united states.--The Tribe, on behalf of
itself and its members, is authorized to waive its right to
request that the United States bring--
(A) any claims for injuries to water quality under the
natural resource damage provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.), the Oil Pollution Act of 1990
(33 U.S.C. 2701 et seq.) or any other applicable statute, for
lands within the Little Colorado River Basin in the State of
Arizona, accruing from time immemorial through the effective
date described in section 9(a); and
(B) any future claims for injuries or threat of injury to
water quality under the natural resource damage provisions of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et seq.), or any other
applicable statute, accruing after the effective date
described in section 9(a), for any lands within the Eastern
LCR basin, caused by--
(i) the lawful diversion or use of surface water;
(ii) the lawful withdrawal or use of underground water,
except within the Zuni Protection Area, as provided in
article 5 of the Settlement Agreement;
(iii) the Parties' performance of any obligations under the
Settlement Agreement;
(iv) the discharge of oil associated with routine physical
or mechanical maintenance of wells or diversion structures
not inconsistent with applicable law;
(v) the discharge of oil associated with routine start-up
and operation of well pumps not inconsistent with applicable
law; or
(vi) any combination of the causes described in clauses (i)
through (v).
(3) Limitations.--Notwithstanding the authorization for the
Tribe's waiver of future water quality claims in paragraph
(1)(B)(ii) and the waiver in paragraph (2)(B), the Tribe, on
behalf of itself and its members, retains any statutory
claims for injury or threat of injury to water quality under
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et seq.), as described
in subparagraph 11.4(D)(3) and (4) of the Settlement
Agreement, that accrue at least 30 years after the effective
date described in section 9(a).
(e) Waiver of United States Water Quality Claims Related to
Settlement Land and Water.--
(1) Past and present claims.--As part of the performance of
its obligations under the Settlement Agreement, the United
States waives and releases, subject to the retentions in
paragraphs 11.4, 11.6 and 11.7 of the Settlement Agreement,
all claims against the State of Arizona, or any agency or
political subdivision thereof, or any other person, entity,
corporation, or municipal corporation for--
(A) all past and present common law claims accruing from
time immemorial through the effective date described in
section 9(a) arising from or relating to water quality in
which the injury asserted is to the Tribe's interest in
water, trust land, and natural resources in the Little
Colorado River basin in the State of Arizona; and
(B) all past and present natural resource damage claims
accruing through the effective date described in section 9(a)
arising from or relating to water quality in which the claim
is based on injury to natural resources or threat to natural
resources in the Little Colorado River basin in Arizona, only
for those cases in which the United States, through the
Secretary or other designated Federal official, would act on
behalf of the
[[Page H4801]]
Tribe as a natural resource trustee pursuant to the National
Contingency Plan, as set forth, as of the date of enactment
of this Act, in section 300.600(b)(2) of title 40, Code of
Federal Regulations.
(2) Future claims.--As part of the performance of its
obligations under the Settlement Agreement, the United States
waives and releases, subject to the retentions in paragraphs
11.4, 11.6 and 11.7 of the Settlement Agreement, the State of
Arizona, or any agency or political subdivision thereof, or
any other person, entity, corporation, or municipal
corporation for--
(A) all future common law claims arising from or relating
to water quality in which the injury or threat of injury
asserted is to the Tribe's interest in water, trust land, and
natural resources in the Eastern LCR basin in Arizona
accruing after the effective date described in section 9(a)
caused by--
(i) the lawful diversion or use of surface water;
(ii) the lawful withdrawal or use of underground water,
except within the Zuni Protection Area, as provided in
article 5 of the Settlement Agreement;
(iii) the Parties' performance of any obligations under the
Settlement Agreement;
(iv) the discharge of oil associated with routine physical
or mechanical maintenance of wells or diversion structures
not inconsistent with applicable law;
(v) the discharge of oil associated with routine start-up
and operation of well pumps not inconsistent with applicable
law; or
(vi) any combination of the causes described in clauses (i)
through (v); and
(B) all future natural resource damage claims accruing
after the effective date described in section 9(a) arising
from or relating to water quality in which the claim is based
on injury to natural resources or threat to natural resources
in the Eastern LCR basin in Arizona, only for those cases in
which the United States, through the Secretary or other
designated Federal official, would act on behalf of the Tribe
as a natural resource trustee pursuant to the National
Contingency Plan, as set forth, as of the date of enactment
of this Act, in section 300.600(b)(2) of title 40, Code of
Federal Regulations, caused by--
(i) the lawful diversion or use of surface water;
(ii) the lawful withdrawal or use of underground water,
except within the Zuni Protection Area as provided in article
5 of the Settlement Agreement;
(iii) the Parties' performance of their obligations under
this Settlement Agreement;
(iv) the discharge of oil associated with routine physical
or mechanical maintenance of wells or diversion structures
not inconsistent with applicable law;
(v) the discharge of oil associated with routine start-up
and operation of well pumps not inconsistent with applicable
law; or
(vi) any combination of the causes described in clauses (i)
through (v).
(f) Effect.--Subject to subsections (b) and (e), nothing in
this Act or the Settlement Agreement affects any right of the
United States, or the State of Arizona, to take any actions,
including enforcement actions, under any laws (including
regulations) relating to human health, safety and the
environment.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) Waiver of Sovereign Immunity.--If any party to the
Settlement Agreement or a Pumping Protection Agreement files
a lawsuit only relating directly to the interpretation or
enforcement of this Act, the Settlement Agreement, an
agreement described in paragraph (1), (2), or (3) of section
4(c), or a Pumping Protection Agreement, naming the United
States or the Tribe as a party, or if any other landowner or
water user in the Little Colorado River basin in Arizona
files a lawsuit only relating directly to the interpretation
or enforcement of Article 11, the rights of de minimis users
in subparagraph 4.2.D or the rights of underground water
users under Article 5 of the Settlement Agreement, naming the
United States or the Tribe as a party--
(1) the United States, the Tribe, or both may be added as a
party to any such litigation, and any claim by the United
States or the Tribe to sovereign immunity from such suit is
hereby waived, other than with respect to claims for monetary
awards except as specifically provided for in the Settlement
Agreement; and
(2) the Tribe may waive its sovereign immunity from suit in
the Superior Court of Apache County, Arizona for the limited
purposes of enforcing the terms of the Intergovernmental
Agreement, and any intergovernmental agreement required to be
entered into by the Tribe under the terms of the
Intergovernmental Agreement, other than with respect to
claims for monetary awards except as specifically provided in
the Intergovernmental Agreement.
(b) Tribal Use of Water.--
(1) In general.--With respect to water rights made
available under the Settlement Agreement and used on the Zuni
Heaven Reservation--
(A) such water rights shall be held in trust by the United
States in perpetuity, and shall not be subject to forfeiture
or abandonment;
(B) State law shall not apply to water uses on the
Reservation;
(C) the State of Arizona may not regulate or tax such water
rights or uses (except that the court with jurisdiction over
the decree entered pursuant to the Settlement Agreement or
the Norviel Decree Court may assess administrative fees for
delivery of this water);
(D) subject to paragraph 7.7 of the Settlement Agreement,
the Zuni Tribe shall use water made available to the Zuni
Tribe under the Settlement Agreement on the Zuni Heaven
Reservation for any use it deems advisable;
(E) water use by the Zuni Tribe or the United States on
behalf of the Zuni Tribe for wildlife or instream flow use,
or for irrigation to establish or maintain wetland on the
Reservation, shall be considered to be consistent with the
purposes of the Reservation; and
(F)(i) not later than 3 years after the deadline described
in section 9(b), the Zuni Tribe shall adopt a water code to
be approved by the Secretary for regulation of water use on
the lands identified in subsections (a) and (b) of section 5
that is reasonably equivalent to State water law (including
statutes relating to dam safety and groundwater management);
and
(ii) until such date as the Zuni Tribe adopts a water code
described in clause (i), the Secretary, in consultation with
the State of Arizona, shall administer water use and water
regulation on lands described in that clause in a manner that
is reasonably equivalent to State law (including statutes
relating to dam safety and groundwater management).
(2) Limitation.--
(A) In general.--Except as provided in subparagraph (B),
the Zuni Tribe or the United States shall not sell, lease,
transfer, or transport water made available for use on the
Zuni Heaven Reservation to any other place.
(B) Exception.--Water made available to the Zuni Tribe or
the United States for use on the Zuni Heaven Reservation may
be severed and transferred from the Reservation to other Zuni
Lands if the severance and transfer is accomplished in
accordance with State law (and once transferred to any lands
held in fee, such water shall be subject to State law).
(c) Rights-of-Way.--
(1) New and future trust land.--The land taken into trust
under subsections (a) and (b) of section 5 shall be subject
to existing easements and rights-of-way.
(2) Additional rights-of-way.--
(A) In general.--Notwithstanding any other provision of
law, the Secretary, in consultation with the Tribe, shall
grant additional rights-of-way or expansions of existing
rights-of-way for roads, utilities, and other accommodations
to adjoining landowners if--
(i) the proposed right-of-way is necessary to the needs of
the applicant;
(ii) the proposed right-of-way will not cause significant
and substantial harm to the Tribe's wetland restoration
project or religious practices; and
(iii) the proposed right-of-way acquisition will comply
with the procedures in part 169 of title 25, Code of Federal
Regulations, not inconsistent with this subsection and other
generally applicable Federal laws unrelated to the
acquisition of interests across trust lands.
(B) Alternatives.--If the criteria described in clauses (i)
through (iii) of subparagraph (A) are not met, the Secretary
may propose an alternative right-of-way, or other
accommodation that complies with the criteria.
(d) Certain Claims Prohibited.--The United States shall
make no claims for reimbursement of costs arising out of the
implementation of this Act or the Settlement Agreement
against any Indian-owned land within the Tribe's Reservation,
and no assessment shall be made in regard to such costs
against such lands.
(e) Vested Rights.--Except as described in paragraph 5.3 of
the Settlement Agreement (recognizing the Zuni Tribe's use of
1,500 acre-feet per annum of groundwater) this Act and the
Settlement Agreement do not create any vested right to
groundwater under Federal or State law, or any priority to
the use of groundwater that would be superior to any other
right or use of groundwater under Federal or State law,
whether through this Act, the Settlement Agreement, or by
incorporation of any abstract, agreement, or stipulation
prepared under the Settlement Agreement. Notwithstanding the
preceding sentence, the rights of parties to the agreements
referred to in paragraph (1), (2), or (3) of section 4(c) and
paragraph 5.8 of the Settlement Agreement, as among
themselves, shall be as stated in those agreements.
(f) Other Claims.--Nothing in the Settlement Agreement or
this Act quantifies or otherwise affects the water rights,
claims, or entitlements to water of any Indian tribe, band,
or community, other than the Zuni Indian Tribe.
(g) No Major Federal Action.--
(1) In general.--Execution of the Settlement Agreement by
the Secretary as provided for in section 4(a) shall not
constitute major Federal action under the National
Environmental Policy Act (42 U.S.C. 4321 et seq.).
(2) Settlement agreement.--In implementing the Settlement
Agreement, the Secretary shall comply with all aspects of--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); and
(C) all other applicable environmental laws (including
regulations).
[[Page H4802]]
SEC. 9. EFFECTIVE DATE FOR WAIVER AND RELEASE AUTHORIZATIONS.
(a) In General.--The waiver and release authorizations
contained in subsections (b) and (c) of section 7 shall
become effective as of the date the Secretary causes to be
published in the Federal Register a statement of all the
following findings:
(1) This Act has been enacted in a form approved by the
parties in paragraph 3.1.A of the Settlement Agreement.
(2) The funds authorized by section 4(b) have been
appropriated and deposited into the Fund.
(3) The State of Arizona has appropriated and deposited
into the Fund the amount required by paragraph 7.6 of the
Settlement Agreement.
(4) The Zuni Indian Tribe has either purchased or acquired
the right to purchase at least 2,350 acre-feet per annum of
surface water rights, or waived this condition as provided in
paragraph 3.2 of the Settlement Agreement.
(5) Pursuant to subparagraph 3.1.D of the Settlement
Agreement, the severance and transfer of surface water rights
that the Tribe owns or has the right to purchase have been
conditionally approved, or the Tribe has waived this
condition as provided in paragraph 3.2 of the Settlement
Agreement.
(6) Pursuant to subparagraph 3.1.E of the Settlement
Agreement, the Tribe and Lyman Water Company have executed an
agreement relating to the process of the severance and
transfer of surface water rights acquired by the Zuni Tribe
or the United States, the pass-through, use, or storage of
the Tribe's surface water rights in Lyman Lake, and the
operation of Lyman Dam.
(7) Pursuant to subparagraph 3.1.F of the Settlement
Agreement, all the parties to the Settlement Agreement have
agreed and stipulated to certain Arizona Game and Fish
abstracts of water uses.
(8) Pursuant to subparagraph 3.1.G of the Settlement
Agreement, all parties to the Settlement Agreement have
agreed to the location of an observation well and that well
has been installed.
(9) Pursuant to subparagraph 3.1.H of the Settlement
Agreement, the Zuni Tribe, Apache County, Arizona and the
State of Arizona have executed an Intergovernmental Agreement
that satisfies all of the conditions in paragraph 6.2 of the
Settlement Agreement.
(10) The Zuni Tribe has acquired title to the section of
land adjacent to the Zuni Heaven Reservation described as
Section 34, Township 14 North, Range 26 East, Gila and Salt
River Base and Meridian.
(11) The Settlement Agreement has been modified if and to
the extent it is in conflict with this Act and such
modification has been agreed to by all the parties to the
Settlement Agreement.
(12) A court of competent jurisdiction has approved the
Settlement Agreement by a final judgment and decree.
(b) Deadline for Effective Date.--If the publication in the
Federal Register required under subsection (a) has not
occurred by December 31, 2006, sections 4 and 5, and any
agreements entered into pursuant to sections 4 and 5
(including the Settlement Agreement and the Intergovernmental
Agreement) shall not thereafter be effective and shall be
null and void. Any funds and the interest accrued thereon
appropriated pursuant to section 4(b)(2) shall revert to the
Treasury, and any funds and the interest accrued thereon
appropriated pursuant to paragraph 7.6 of the Settlement
Agreement shall revert to the State of Arizona.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arizona (Mr. Renzi) and the gentlewoman from the Virgin Islands (Mrs.
Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Renzi).
Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 222, authored by Senator John Kyl and identical
legislation provided by the Senator and introduced by me and other
members of the Arizona delegation, would resolve water rights claims
and litigation in the Little Colorado River basin.
I would like to commend the commitment and the perseverance of
Senator John Kyl, who has put many hours and much time into this
important bill.
The bill provides much-needed assurance to settlement participants
and is the result of 4 years of good-faith negotiations between the
Federal Government, the Zuni Indian Tribe, the State of Arizona, and
local water users and utilities.
By settling water rights claims and litigation, the legislation will
allow the Zuni Indian Tribe to restore and repair wetlands important to
the tribe's religious and cultural traditions. Wetland restoration will
be done through a variety of means, including surface and groundwater
development, while grandfathering current non-Indian water rights. This
grandfathering mechanism provides certainty to the local non-Indian
communities that depend on water resources in the Little Colorado
basin.
The settlement also avoids lengthy and costly litigation. The parties
involved have come together to find a responsible, commonsense solution
that improves the environment, fulfills religious and cultural
traditions, and provides a clear water supply roadmap for the area.
It is now up to Congress to take the final steps to make the
settlement a reality. I ask my colleagues to pass this important
legislation.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
(Mrs. CHRISTENSEN asked and was given permission to revise and extend
her remarks.)
Mrs. CHRISTENSEN. Mr. Speaker, S. 222 is a unique water rights
settlement, carefully designed to protect the Zunis' most sacred sites,
while at the same time preserving access to water supplies for upstream
water users.
{time} 1230
I extend my compliments to the Zuni people, the State of Arizona and
the non-Indian organizations who participated in the negotiations that
resulted in this historic water settlement.
Mr. Speaker, we have no objection to the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. RENZI. Mr. Speaker, I yield such time as he may consume to the
gentleman from Arizona (Mr. Hayworth).
Mr. HAYWORTH. Mr. Speaker, I thank my colleague from the First
District and would like to pause at this time, Mr. Speaker, to really
commend my new colleague for stepping into the people's House and doing
the people's work, and again, I would just simply pause at this
juncture, knowing that some of the atmospherics that are at work today,
I would just, Mr. Speaker, ask my colleagues to stop and think about
the legislation at hand and what other tactics may come into play that
could be counterproductive and hurt the very people so many in this
Chamber come to champion.
It was my privilege to originally sponsor this legislation in the
107th Congress, and it is my honor to cosponsor this bill with my good
friend and colleague from the First District, the gentleman from
Arizona (Mr. Renzi).
This legislation ratifies the settlement concerning the Zuni Indian
tribe's water rights on the Little Colorado River in eastern Arizona.
The bill will provide for a wetlands restoration at Zuni Heaven, an
area of land along the Colorado River that is sacred to the Zuni tribe
of New Mexico. Consistent with the principles of tribunal sovereignty,
Indian self-determination and religious freedom, this legislation will
settle ancient water rights and ensure that those rights are preserved
for all future generations of the Zuni people.
The Zuni tribe's water claim is no new development. In fact,
litigation of the water rights on the Little Colorado River Basin has
been ongoing for nearly a quarter of a century now. This legislation
represents a culmination of this process in a way that will reduce
expenses for all parties involved. Indeed, we should look at this
settlement process demonstrated in this particular case as a model for
other settlements.
The affected parties have recognized that final resolution of these
water claims through litigation is counterproductive and hurtful to the
tribe, neighboring non-Indian water users, local towns, utility and
irrigation companies, the State of Arizona and, ultimately, Mr.
Speaker, to the United States. Therefore, negotiations have brought
forward a settlement agreed to by all parties; and we now, Mr. Speaker,
in the people's House have the opportunity to codify this settlement
with passage of this legislation.
Mr. Speaker, the merit of this legislation speaks for itself. Again,
I commend my colleague, the gentleman from Arizona (Mr. Renzi), for
bringing this bill forward in such an expeditious manner, making it one
of his top priorities, bringing it to the floor today.
Mr. Speaker, I would like to end on a hopeful note, that while other
atmospherics may be at work in this Chamber, this is a chance to strike
a blow for common sense, for Native American self-determination and for
something
[[Page H4803]]
that is vital to the people of Arizona and New Mexico.
Mrs. CHRISTENSEN. Mr. Speaker, I yield 3 minutes to the gentleman
from California (Mr. George Miller).
Mr. GEORGE MILLER of California. Mr. Speaker, I thank the gentlewoman
for yielding me the time, and I thank her for presenting this bill on
the floor. And this bill has been properly represented. It is a matter
of sorting out the equities between Indian water right users and non-
Indian water right users, the needs for wetlands development and to
protect the sacred rights of the lands of the Zuni people.
That is what the legislative process is supposed to be about, but
that is not what it was about 2 weeks ago when we passed a tax bill. We
could talk about balancing the equities of the Zuni people and the
water rights of this bill.
Point of Order
Mr. RENZI. Requesting regular order, Mr. Speaker.
The SPEAKER pro tempore (Mr. Culberson). Members are reminded that
they should always confine their remarks to the subject matter before
the House.
Mr. GEORGE MILLER of California. Mr. Speaker, that I am.
We are talking about a bill that has gone through many, many years of
negotiation and a bill that is designed to balance the equities. We
spent considerable time on a tax bill.
Mr. RENZI. Mr. Speaker, I would ask for a germane issue and regular
order; I would ask that the issue at hand, which is the water rights
for the Zunis, be addressed and not be used for a side show, and ask
for regular order, please.
Mr. GEORGE MILLER of California. Mr. Speaker, regular order is what
the gentleman from California is following.
The SPEAKER pro tempore. The Chair will listen to the gentleman's
remarks, and expects that the gentleman will confine his remarks to the
bill before the House, and if the gentleman's remarks lose the
requisite nexus, the Chair will sustain a point of order.
Mr. GEORGE MILLER of California. Mr. Speaker, once again, I would say
that this bill is about a legislative process where all sides have been
heard, agreement has come. That is why this bill is on suspension. And
yet we have seen that that legislative process has not worked for
millions of American families and their children when the tax bill left
out their equitable claim; as the Zunis claim an equitable claim for
their traditional water rights, for the historic water rights, these
people were making an equitable claim on behalf of their children.
They were making an equitable claim that their children, their
family, should get the same $400 that millions of other American
families got, but in designing the tax bill, the Republicans simply
left out those wage earners, those people who go to work who earn
$10,000 to $26,000 a year, some 12 million children who will not get
the benefit of the child tax credit.
The Zunis would argue, if we simply cut them out of the water
development rights, if we simply cut them out of their historic water
rights and we gave it to non-Indians for use in development or we
protected the wetlands and we did not take care of their sacred lands,
they would argue it is not fair.
I am simply presenting that the arguments that are presented here
today on behalf of the Zunis, which are very reasonable, very fair,
were never presented on behalf of millions of Americans when they were
cut out of a tax bill; and they will now not receive their check this
summer as will others.
Point of Order
Mr. RENZI. Mr. Speaker, regular order.
The SPEAKER pro tempore. The Chair would remind Members it is
essential to maintain a nexus between the subject matter before the
House and the scope of their arguments.
Mr. GEORGE MILLER of California. The gentleman from California would
say to the Chair, I think there is a very strong nexus being maintained
here. It is about equity and it is about justice, and it is about
economic justice. It is about historic claims.
The child tax credit is not new. It is an old claim before this
Congress, where the Congress decided the children of the Zuni tribe
would be entitled to a tax credit if their parents worked. Many Zunis,
I suspect, are eligible for that tax credit, but they are not under
this tax bill because of the difficulty in finding the kind of wages
that would pay what would make them eligible for that kind of tax
credit.
The nexus is here. The nexus is clear. The nexus is about an abuse of
the legislative process, unlike the one which we are going through
here. That is why my colleague from Connecticut (Ms. DeLauro) said that
we should not operate business as usual. The ranking member of the
Committee on Ways and Means suggested the same thing, and I would just
say that I think they are correct.
Mr. RENZI. Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield such time as she might consume
to the gentlewoman from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Mr. Speaker, I thank the gentlewoman for yielding me the
time.
This bill will provide critical access to the Little Colorado River
Basin to allow the Zuni Indian tribe acquisition of surface water
rights and development of ground water. The acquisition of water rights
and associated lands are vital to the Zuni Indian tribe's future
economic development.
Along those same lines, the child tax credit is critical in helping
low-income families achieve some level of economic security.
This bill secures tribal rights to assure water supplies for present
and future generations, while at the same time providing for sound
management of an increasingly scarce resource. Because of the
importance and the sacredness of all forms and sources of water, all
prayers and songs of the three major components of the Zuni religion
contain language asking for rain and snow to ensure that all crops have
enough water to finish their life pass, to provide sustenance for their
Zuni children.
Likewise, ensuring access to the child tax credit will help Zuni
families to provide economic sustenance to their children. In Arizona,
138,000 families with children, 21 percent of families in the State,
are not helped by the child tax credit increase because of the
Republicans last-minute actions; 403,000 Arizona children, including
Zuni children, would be eligible if the child tax credit were made
fully refundable, with an additional $259 million in credits going to
families in that State. The children of military personnel, Zunis who
have served in our military, their children are going to be left
behind.
We cannot in good conscience debate a bill here today that does not
take into consideration the economics of the issues of the Zuni tribe,
their water rights, their religious rights, their economic rights. It
is about the economic security of working families, of low-income wage
earners in this country, that we debate here today: water rights,
economic rights, child tax credit.
Point Of Order
Mr. RENZI. Mr. Speaker, could I ask for regular order.
The SPEAKER pro tempore. The Chair would remind Members, quoting from
annotations in the House Rules and Manual under rule XVII, clause 1,
that during debate on a bill a Member under recognition must confine
his remarks to the pending legislation; that is, the Member must not
dwell on another measure not before the House. Rather, the Member must
maintain a constant nexus between debate and the subject matter of the
bill.
Ms. DeLAURO. Mr. Speaker, I believe that the constant nexus has been
made and that bridge has been kept.
I ask unanimous consent to bring up H.R. 2286 that would fix this
terrible injustice.
The SPEAKER pro tempore. Under the guidelines consistently issued by
successive Speakers, as recorded on page 712 of the House Rules and
Manual, the Chair is constrained not to entertain the gentlewoman's
request until it has been cleared by the bipartisan floor and committee
leaderships.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
We are committed to the water rights settlement, but we are also
committed to fixing the tax bill that was recently passed and providing
benefits to the millions of people who have been left out.
Mr. Speaker, I yield back the balance of my time.
[[Page H4804]]
Mr. RENZI. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Wyoming (Mrs. Cubin).
Mrs. CUBIN. Mr. Speaker, I thank the gentleman for yielding me the
time.
I just wanted to ask any Member who has spoken to this bill on the
other side if, in fact, they are in favor of the bill that is before us
today? Would anyone like to enter into a colloquy?
No one would like to enter into a colloquy on that issue, whether or
not they are in favor or opposed to the vote that is here?
Mr. GEORGE MILLER of California. Mr. Speaker, will the gentlewoman
yield?
Mrs. CUBIN. I yield to the gentleman from California.
Mr. GEORGE MILLER of California. Mr. Speaker, what is the colloquy
about?
Mrs. CUBIN. I would like to know whether or not the gentleman is in
favor of the bill that is here before us today or not.
Mr. GEORGE MILLER of California. Mr. Speaker, I supported the bill. I
just do not support business as usual right now, as the gentlewoman
understands.
Mrs. CUBIN. Then follow-up question, does the gentleman intend to
follow his support for the bill with an affirmative vote on the bill?
Mr. GEORGE MILLER of California. Mr. Speaker, I have a follow-up
question for the gentlewoman from Wyoming. Does she support improving
the child tax credit so that millions of American families can get a
tax credit, many in the gentlewoman's State that have been cut out of
the tax bill?
Mrs. CUBIN. Mr. Speaker, reclaiming my time, does the gentleman
intend to answer the question?
Mr. GEORGE MILLER of California. Colloquies are two-way
conversations. Would the gentlewoman support the unanimous consent
request to bring up the fixing of the tax bill?
Mrs. CUBIN. No, sir, I do not.
Does the gentleman intend to answer my question?
Mr. GEORGE MILLER of California. Mr. Speaker, I answered the
gentlewoman's question. I strongly support the bill.
Mrs. CUBIN. Will the gentleman vote in favor of the bill?
Mr. GEORGE MILLER of California. No, I will not.
Mr. RENZI. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Renzi) that the House suspend the rules and
pass the Senate bill, S. 222.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. RENZI. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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