[Congressional Record (Bound Edition), Volume 146 (2000), Part 11]
[House]
[Pages 16226-16229]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 16226]]

     SHIVWITS BAND OF THE PAIUTE INDIAN TRIBE OF UTAH WATER RIGHTS 
                             SETTLEMENT ACT

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3291) to provide for the settlement of the water rights 
claims of the Shivwits Band of the Paiute Indian Tribe of Utah, and for 
other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3291

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Shivwits Band of the Paiute 
     Indian Tribe of Utah Water Rights Settlement Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) It is the official policy of the United States, in 
     keeping with its trust responsibility to Indian tribes, to 
     promote Indian self-determination and economic self-
     sufficiency, and to settle the water rights claims of Indian 
     tribes to avoid lengthy and costly litigation.
       (2) Any meaningful policy of Indian self-determination and 
     economic self-sufficiency requires the development of viable 
     Indian reservation economies.
       (3) The quantification of water rights and the development 
     of water use facilities is essential to the development of 
     viable Indian reservation economies, particularly in the arid 
     Western States.
       (4) The Act of March 3, 1891, provided for the temporary 
     support of the Shebit (or Shivwits) tribe of Indians in 
     Washington County, Utah, and appropriated moneys for the 
     purchase of improvements on lands along the Santa Clara River 
     for the use of said Indians. Approximately 26,880 acres in 
     the same area were set aside as a reservation for the 
     Shivwits Band by Executive order dated April 21, 1916. 
     Additional lands were added to the reservation by Congress on 
     May 28, 1937.
       (5) The waters of the Santa Clara River are fully 
     appropriated except during high flow periods. A water right 
     was awarded to the United States for the benefit of the 
     Shivwits Band in the 1922 adjudication entitled St. George 
     Santa Clara Field Co., et al. v. Newcastle Reclamation Co., 
     et al., for ``1.38 cubic feet of water per second for the 
     irrigation of 83.2 acres of land and for culinary, domestic, 
     and stock watering purposes'', but no provision has been made 
     for water resource development to benefit the Shivwits Band. 
     In general, the remainder of the Santa Clara River's flow is 
     either diverted on the reservation and delivered through a 
     canal devoted exclusively to non-Indian use that traverses 
     the reservation to a reservoir owned by the Ivins Irrigation 
     Company; dedicated to decreed and certificated rights of 
     irrigation companies downstream of the reservation; or 
     impounded in the Gunlock Reservoir upstream of the 
     reservation. The Band's lack of access to water has 
     frustrated its efforts to achieve meaningful self-
     determination and economic self-sufficiency.
       (6) On July 21, 1980, the State of Utah, pursuant to title 
     73, chapter 4, Utah Code Ann., initiated a statutory 
     adjudication of water rights in the Fifth Judicial District 
     Court in Washington County, Utah, Civil No. 800507596, which 
     encompasses all of the rights to the use of water, both 
     surface and underground, within the drainage area of the 
     Virgin River and its tributaries in Utah (``Virgin River 
     Adjudication''), including the Santa Clara River Drainage 
     (``Santa Clara System'').
       (7) The United States was joined as a party in the Virgin 
     River Adjudication pursuant to section 666 of title 43, 
     United States Code. On February 17, 1987, the United States 
     filed a Statement of Water User Claim asserting a water right 
     based on State law and a Federal reserved water rights claim 
     for the benefit of the Shivwits Band to water from the Santa 
     Clara River System. This was the only claim the United States 
     filed for any Indian tribe or band in the Virgin River 
     Adjudication within the period allowed by Title 73, Chapter 
     4, Utah Code Ann., which bars the filing of claims after the 
     time prescribed therein.
       (8) The Virgin River adjudication will take many years to 
     conclude, entail great expense, and prolong uncertainty as to 
     the availability of water supplies, and thus, the parties 
     have sought to settle their dispute over water and reduce the 
     burdens of litigation.
       (9) After lengthy negotiation, which included participation 
     by representatives of the United States Government for the 
     benefit of the Shivwits Band, the State of Utah, the Shivwits 
     Band, the Washington County Water Conservancy District, the 
     city of St. George, and others on the Santa Clara River 
     System, the parties have entered into agreements to resolve 
     all water rights claims between and among themselves and to 
     quantify the water right entitlement of the Shivwits Band, 
     and to provide for the construction of water projects to 
     facilitate the settlement of these claims.
       (10) Pursuant to the St. George Water Reuse Project 
     Agreement, the Santa Clara Project Agreement, and the 
     Settlement Agreement, the Shivwits Band will receive the 
     right to a total of 4,000 acre-feet of water annually in 
     settlement of its existing State law claims and Federal 
     reserved water right claims.
       (11) To advance the goals of Federal Indian policy and 
     consistent with the trust responsibility of the United States 
     to the Shivwits Band, it is appropriate that the United 
     States participate in the implementation of the St. George 
     Water Reuse Project Agreement, the Santa Clara Project 
     Agreement, and the Settlement Agreement in accordance with 
     this Act.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to achieve a fair, equitable, and final settlement of 
     all claims to water rights in the Santa Clara River for the 
     Shivwits Band, and the United States for the benefit of the 
     Shivwits Band;
       (2) to promote the self-determination and economic self-
     sufficiency of the Shivwits Band, in part by providing funds 
     to the Shivwits Band for its use in developing a viable 
     reservation economy;
       (3) to approve, ratify, and confirm the St. George Water 
     Reuse Project Agreement, the Santa Clara Project Agreement, 
     and the Settlement Agreement, and the Shivwits Water Right 
     described therein;
       (4) to authorize the Secretary of the Interior to execute 
     the St. George Water Reuse Project Agreement, the Santa Clara 
     Project Agreement, and the Settlement Agreement, and to take 
     such actions as are necessary to implement these agreements 
     in a manner consistent with this Act; and
       (5) to authorize the appropriation of funds necessary for 
     implementation of the St. George Water Reuse Project 
     Agreement, the Santa Clara Project Agreement, and the 
     Settlement Agreement.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Utah.--The term ``Utah'' means the State of Utah, by 
     and through its Department of Natural Resources.
       (3) Shivwits band.--The term ``Shivwits Band'' means the 
     Shivwits Band of the Paiute Indian Tribe of Utah, a 
     constituent band of the Paiute Indian Tribe of Utah, a 
     federally recognized Indian tribe organized under section 16 
     of the Indian Reorganization Act of June 18, 1934 (48 Stat. 
     987; 25 U.S.C. 476), and the Act of April 3, 1980 (94 Stat. 
     317).
       (4) Paiute indian tribe of utah.--The term ``Paiute Indian 
     Tribe of Utah'' means the federally recognized Indian Tribe 
     organized under section 16 of the Indian Reorganization Act 
     of June 18, 1934 (48 Stat. 987; 25 U.S.C. 476), and the Act 
     of April 3, 1980 (94 Stat. 317), comprised of five bands of 
     Southern Paiute Indians (Shivwits, Indian Peaks, Cedar, 
     Koosharem, and Kanosh Bands).
       (5) District.--The term ``District'' means the Washington 
     County Water Conservancy District, a Utah water conservancy 
     district.
       (6) St. george.--The term ``St. George'' means St. George 
     City, a Utah municipal corporation.
       (7) Virgin river adjudication.--The term ``Virgin River 
     Adjudication'' means the statutory adjudication of water 
     rights initiated pursuant to title 73, chapter 4, Utah Code 
     Ann. and pending in the Fifth Judicial District Court in 
     Washington County, Utah, Civil No. 800507596.
       (8) St. george water reuse project agreement.--The term 
     ``St. George Water Reuse Project Agreement'' means the 
     agreement among the United States for the benefit of the 
     Shivwits Band, Utah, the Shivwits Band, and St. George City, 
     together with all exhibits thereto, as the same is approved 
     and executed by the Secretary of the Interior pursuant to 
     section 8 of this Act.
       (9) Santa clara project agreement.--The term ``Santa Clara 
     Project Agreement'' means the agreement among the United 
     States for the benefit of the Shivwits Band, Utah, the 
     Shivwits Band, the Washington County Water Conservancy 
     District, St. George City, the New Santa Clara Field Canal 
     Company, the St. George Clara Field Canal Company, the Ivins 
     Irrigation Company, the Southgate Irrigation Company, 
     Bloomington Irrigation Company, Ed Bowler, and the Lower 
     Gunlock Reservoir Company, together with all exhibits 
     thereto, as the same is approved and executed by the 
     Secretary of the Interior pursuant to section 8 of this Act.
       (10) Settlement agreement.--The term ``Settlement 
     Agreement'' means that agreement among the United States for 
     the benefit of the Shivwits Band, Utah, the Shivwits Band, 
     the Washington County Water Conservancy District, St. George 
     City, the New Santa Clara Field Canal Company, the St. George 
     Clara Field Canal Company, the Ivins Irrigation Company, the 
     Southgate Irrigation Company, Bloomington Irrigation Company, 
     Ed Bowler, and the Lower Gunlock Reservoir Company, together 
     with all exhibits thereto, as the same is approved and 
     executed by the Secretary of the Interior pursuant to section 
     8 of this Act.
       (11) Shivwits water right.--The term ``Shivwits Water 
     Right'' means the water rights of the Shivwits Band set forth 
     in the Settlement Agreement and as settled, confirmed, and 
     ratified by section 7 of this Act.
       (12) Shivwits band trust fund.--The term ``Shivwits Band 
     Trust Fund'' means the

[[Page 16227]]

     Trust Fund authorized in section 11 of this Act to further 
     the purposes of the Settlement Agreement and this Act.
       (13) Virgin river resource management and recovery 
     program.--The term ``Virgin River Resource Management and 
     Recovery Program'' means the proposed multiagency program, to 
     be administered by the United States Fish and Wildlife 
     Service, Bureau of Land Management, National Park Service, 
     Utah, and the District, whose primary purpose is to 
     prioritize and implement native fish recovery actions that 
     offset impacts due to future water development in the Virgin 
     River basin.

     SEC. 5. ST. GEORGE WATER REUSE PROJECT.

       (a) St. George Water Reuse Project.--The St. George Water 
     Reuse Project shall consist of water treatment facilities, a 
     pipeline, and associated pumping and delivery facilities 
     owned and operated by St. George, which is a component of, 
     and shall divert water from, the Water Reclamation Facility 
     located in St. George, Utah, and shall transport this water 
     for delivery to and use by St. George and the Shivwits Band. 
     St. George shall make 2,000 acre-feet of water available 
     annually for use by the Shivwits Band in accordance with the 
     St. George Water Reuse Project Agreement and this Act.
       (b) Project Construction Operation and Maintenance.--(1) 
     St. George shall be responsible for the design, engineering, 
     permitting, construction, operation, maintenance, repair, and 
     replacement of the St. George Water Reuse Project, and the 
     payment of its proportionate share of these project costs as 
     provided for in the St. George Water Reuse Project Agreement.
       (2) The Shivwits Band and the United States for the benefit 
     of the Shivwits Band shall make available, in accordance with 
     the terms of the St. George Water Reuse Agreement and this 
     Act, a total of $15,000,000 to St. George for the 
     proportionate share of the design, engineering, permitting, 
     construction, operation, maintenance, repair, and replacement 
     of the St. George Water Reuse Project associated with the 
     2,000 acre-feet annually to be provided to the Shivwits Band.

     SEC. 6. SANTA CLARA PROJECT.

       (a) Santa Clara Project.--The Santa Clara Project shall 
     consist of a pressurized pipeline from the existing Gunlock 
     Reservoir across the Shivwits Reservation to and including 
     Ivins Reservoir, along with main lateral pipelines. The Santa 
     Clara Project shall pool and deliver the water rights of the 
     parties as set forth in the Santa Clara Project Agreement. 
     The Santa Clara Project shall deliver to the Shivwits Band a 
     total of 1,900 acre-feet annually in accordance with the 
     Santa Clara Project Agreement and this Act.
       (b) Instream Flow.--The Santa Clara Project shall release 
     instream flow water from the Gunlock Reservoir into the Santa 
     Clara River for the benefit of the Virgin Spinedace, in 
     accordance with the Santa Clara Project Agreement and this 
     Act.
       (c) Project Funding.--The Utah Legislature and the United 
     States Congress have each appropriated grants of $750,000 for 
     the construction of the Santa Clara Project. The District 
     shall provide a grant of $750,000 for the construction of the 
     Santa Clara Project. The District shall provide any 
     additional funding required for the construction of the Santa 
     Clara Project.
       (d) Project Construction, Operation, and Maintenance.--The 
     District shall be responsible for the permitting, design, 
     engineering, construction, and the initial operation, 
     maintenance, repair, and replacement of the Santa Clara 
     Project. Operation, maintenance, repair, and replacement 
     activities and costs of the Santa Clara Project shall be 
     handled in accordance with the terms of the Santa Clara 
     Project Agreement.

     SEC. 7. SHIVWITS WATER RIGHT.

       (a) In General.--The Shivwits Band and its members shall 
     have the right in perpetuity to divert, pump, impound, use, 
     and reuse a total of 4,000 acre-feet of water annually from 
     the Virgin River and Santa Clara River systems, to be taken 
     as follows:
       (1) 1,900 acre-feet annually from the Santa Clara River 
     System, with an 1890 priority date in accordance with the 
     terms of the Santa Clara Project Agreement.
       (2) 2,000 acre-feet of water annually from the St. George 
     Water Reuse Project as provided for in the St. George Water 
     Reuse Project Agreement. The Shivwits Band shall have first 
     priority to the reuse water provided from the St. George 
     Water Reclamation Facility.
       (3) 100 acre-feet annually, with a 1916 priority date, from 
     groundwater on the Shivwits Reservation.
       (b) Water Rights Claims.--All water rights claims of the 
     Shivwits Band, and the Paiute Indian Tribe of Utah acting on 
     behalf of the Shivwits Band, are hereby settled. The Shivwits 
     Water Right is hereby ratified, confirmed, and shall be held 
     in trust by the United States for the benefit of the Shivwits 
     Band.
       (c) Settlement.--The Shivwits Band may use water from the 
     springs and runoff located on the Shivwits Reservation. The 
     amount used from these sources will be reported annually to 
     the Utah State Engineer by the Shivwits Band and shall be 
     counted against the annual 4,000 acre-feet Shivwits Water 
     Right.
       (d) Abandonment, Forfeiture, or Nonuse.--The Shivwits Water 
     Right shall not be subject to loss by abandonment, 
     forfeiture, or nonuse.
       (e) Use or Lease.--The Shivwits Band may use or lease the 
     Shivwits Water Right for either or both of the following:
       (1) For any purpose permitted by tribal or Federal law 
     anywhere on the Shivwits Band Reservation. Once the water is 
     delivered to the Reservation, such use shall not be subject 
     to State law, regulation, or jurisdiction.
       (2) For any beneficial use off the Shivwits Reservation in 
     accordance with the St. George Water Reuse Agreement, the 
     Santa Clara Project Agreement, the Settlement Agreement, and 
     all applicable Federal and State laws.
     No service contract, lease, exchange, or other agreement 
     entered into under this subsection may permanently alienate 
     any portion of the Shivwits Water Right.

     SEC. 8. RATIFICATION OF AGREEMENTS.

       Except to the extent that the St. George Water Reuse 
     Project Agreement, the Santa Clara Project Agreement, and the 
     Settlement Agreement conflict with the provisions of this 
     Act, such agreements are hereby approved, ratified, and 
     confirmed. The Secretary is hereby authorized to execute, and 
     take such other actions as are necessary to implement, such 
     agreements.

     SEC. 9. SATISFACTION OF CLAIMS.

       (a) Full Satisfaction of Claims.--The benefits realized by 
     the Shivwits Band and its members under the St. George Water 
     Reuse Project Agreement, the Santa Clara Project Agreement, 
     the Settlement Agreement, and this Act shall constitute full 
     and complete satisfaction of all water rights claims, and any 
     continuation thereafter of any of these claims, of the 
     Shivwits Band and its members, and the Paiute Indian Tribe of 
     Utah acting on behalf of the Shivwits Band, for water rights 
     or injuries to water rights under Federal and State laws from 
     time immemorial to the effective date of this Act. 
     Notwithstanding the foregoing, nothing in this Act shall be--
       (1) deemed to recognize or establish any right of a member 
     of the Shivwits Band to water on the Shivwits Reservation; or
       (2) interpreted or construed to prevent or prohibit the 
     Shivwits Band from participating in the future in other water 
     projects, or from purchasing additional water rights for 
     their benefit and use, to the same extent as any other 
     entity.
       (b) Waiver and Release.--By the approval, ratification, and 
     confirmation herein of the St. George Water Reuse Project 
     Agreement, the Santa Clara Project Agreement, and the 
     Settlement Agreement, the United States executes the 
     following waiver and release in conjunction with the 
     Reservation of Rights and Retention of Claims set forth in 
     the Settlement Agreement, to be effective upon satisfaction 
     of the conditions set forth in section 14 of this Act. Except 
     as otherwise provided in the Settlement Agreement, this Act, 
     or the proposed judgment and decree referred to in section 
     14(a)(7) of this Act, the United States, on behalf of the 
     Shivwits Band and the Paiute Indian Tribe of Utah acting on 
     behalf of the Shivwits Band, waives and releases the 
     following:
       (1) All claims for water rights or injuries to water rights 
     for lands within the Shivwits Reservation that accrued at any 
     time up to and including the effective date determined by 
     section 14 of this Act, and any continuation thereafter of 
     any of these claims, that the United States for the benefit 
     of the Shivwits Band may have against Utah, any agency or 
     political subdivision thereof, or any person, entity, 
     corporation, or municipal corporation.
       (2) All claims for water rights or injuries to water rights 
     for lands outside of the Shivwits Reservation, where such 
     claims are based on aboriginal occupancy of the Shivwits 
     Band, its members, or their predecessors, that accrued at any 
     time up to and including the effective date determined by 
     section 14 of this Act, and any continuation thereafter of 
     any of these claims, that the United States for the benefit 
     of the Shivwits Band may have against Utah, any agency or 
     political subdivision thereof, or any person, entity, 
     corporation, or municipal corporation.
       (3) All claims for trespass to lands on the Shivwits 
     Reservation regarding the use of Ivins Reservoir that accrued 
     at any time up to and including the effective date determined 
     by section 14 of this Act.
       (c) Definitions.--For purposes of this section--
       (1) ``water rights'' means rights under State and Federal 
     law to divert, pump, impound, use, or reuse, or to permit 
     others to divert, pump, impound, use or reuse water; and
       (2) ``injuries to water rights'' means the loss, 
     deprivation, or diminution of water rights.
       (d) Savings Provision.--In the event the waiver and release 
     contained in subsection (b) of this section do not become 
     effective pursuant to section 14, the Shivwits Band and the 
     United States shall retain the right to assert past and 
     future water rights claims as to all lands of the Shivwits 
     Reservation, and the water rights claims and defenses of all 
     other parties to the agreements shall also be retained.

[[Page 16228]]



     SEC. 10. WATER RIGHTS AND HABITAT ACQUISITION PROGRAM.

       (a) In General.--The Secretary is authorized to establish a 
     water rights and habitat acquisition program in the Virgin 
     River Basin--
       (1) primarily for the benefit of native plant and animal 
     species in the Santa Clara River Basin which have been 
     listed, are likely to be listed, or are the subject of a duly 
     approved conservation agreement under the Endangered Species 
     Act; and
       (2) secondarily for the benefit of native plant and animal 
     species in other parts of the Virgin River Basin which have 
     been listed, are likely to be listed, or are the subject of a 
     duly approved conservation agreement under the Endangered 
     Species Act.
       (b) Water and Water Rights.--The Secretary is authorized to 
     acquire water and water rights, with or without the lands to 
     which such rights are appurtenant, and to acquire shares in 
     irrigation and water companies, and to transfer, hold, and 
     exercise such water and water rights and related interests to 
     assist the conservation and recovery of any native plant or 
     animal species described in subsection (a).
       (c) Requirements.--Acquisition of the water rights and 
     related interests pursuant to this section shall be subject 
     to the following requirements:
       (1) Water rights acquired must satisfy eligibility criteria 
     adopted by the Secretary.
       (2) Water right purchases shall be only from willing 
     sellers, but the Secretary may target purchases in areas 
     deemed by the Secretary to be most beneficial to the water 
     rights acquisition program established by this section.
       (3) All water rights shall be transferred and administered 
     in accordance with any applicable State law.
       (d) Habitat Property.--The Secretary is authorized to 
     acquire, hold, and transfer habitat property to assist the 
     conservation and recovery of any native plant or animal 
     species described in section 10(a). Acquisition of habitat 
     property pursuant to this section shall be subject to the 
     following requirements:
       (1) Habitat property acquired must satisfy eligibility 
     criteria adopted by the Secretary.
       (2) Habitat property purchases shall be only from willing 
     sellers, but the Secretary may target purchases in areas 
     deemed by the Secretary to be most beneficial to the habitat 
     acquisition program established by this section.
       (e) Contract.--The Secretary is authorized to administer 
     the water rights and habitat acquisition program by contract 
     or agreement with a non-Federal entity which the Secretary 
     determines to be qualified to administer such program. The 
     water rights and habitat acquisition program shall be 
     administered pursuant to the Virgin River Resource Management 
     and Recovery Program.
       (f) Authorization.--There is authorized to be appropriated 
     from the Land and Water Conservation Fund for fiscal years 
     prior to the fiscal year 2004, a total of $3,000,000 for the 
     water rights and habitat acquisition program authorized in 
     this section. The Secretary is authorized to deposit and 
     maintain this appropriation in an interest bearing account, 
     said interest to be used for the purposes of this section. 
     The funds authorized to be appropriated by this section shall 
     not be in lieu of or supersede any other commitments by 
     Federal, State, or local agencies. The funds appropriated 
     pursuant to this section shall be available until expended, 
     and shall not be expended for the purpose set forth in 
     subsection (a)(2) until the Secretary has evaluated the 
     effectiveness of the instream flow required and provided by 
     the Santa Clara Project Agreement, and has assured that the 
     appropriations authorized in this section are first made 
     available for the purpose set forth in subsection (a)(1).

     SEC. 11. SHIVWITS BAND TRUST FUND.

       (a) Establishment of Trust Fund.--There is established in 
     the Treasury of the United States a fund to be known as the 
     ``Shivwits Band Trust Fund'' (hereinafter called the ``Trust 
     Fund''). The Secretary shall deposit into the Trust Fund the 
     funds authorized to be appropriated in subsections (b) and 
     (c). Except as otherwise provided in this Act, the Trust Fund 
     principal and any income accruing thereon shall be managed in 
     accordance with the American Indian Trust Fund Management 
     Reform Act (108 Stat. 4239; 25 U.S.C. 4001 et seq.).
       (b) Authorization.--There is authorized to be appropriated 
     a total of $20,000,000, for fiscal years prior to the fiscal 
     year 2004 for the following purposes:
       (1) $5,000,000, which shall be made available to the 
     Shivwits Band from the Trust Fund for purposes including but 
     not limited to those that would enable the Shivwits Band to 
     put to beneficial use all or part of the Shivwits Water 
     Right, to defray the costs of any water development project 
     in which the Shivwits Band is participating, or to undertake 
     any other activity that may be necessary or desired for 
     implementation of the St. George Water Reuse Project 
     Agreement, the Santa Clara Project Agreement, the Settlement 
     Agreement, or for economic development on the Shivwits 
     Reservation.
       (2) $15,000,000, which shall be made available by the 
     Secretary and the Shivwits Band to St. George for the St. 
     George Water Reuse Project, in accordance with the St. George 
     Water Reuse Project Agreement.
       (c) Share of Certain Costs.--There is authorized to be 
     appropriated to the Trust Fund in fiscal years prior to the 
     fiscal year 2004 a total of $1,000,000 to assist with the 
     Shivwits Band's proportionate share of operation, 
     maintenance, repair, and replacement costs of the Santa Clara 
     Project as provided for in the Santa Clara Project Agreement.
       (d) Use of the Trust Fund.--Except for the $15,000,000 
     appropriated pursuant to subsection (b)(2), all Trust Fund 
     principal and income accruing thereon may be used by the 
     Shivwits Band for the purposes described in subsections 
     (b)(1) and (c). The Shivwits Band, with the approval of the 
     Secretary, may withdraw the Trust Fund and deposit it in a 
     mutually agreed upon private financial institution. That 
     withdrawal shall be made pursuant to the American Indian 
     Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et 
     seq.). If the Shivwits Band exercises its right pursuant to 
     this subsection to withdraw the Trust Fund and deposit it in 
     a private financial institution, except as provided in the 
     withdrawal plan, neither the Secretary nor the Secretary of 
     the Treasury shall retain any oversight over or liability for 
     the accounting, disbursement, or investment of the funds.
       (e) No Per Capita Payments.--No part of the principal of 
     the Trust Fund, or of the income accruing thereon, or of any 
     revenue generated from any water use subcontract, shall be 
     distributed to any member of the Shivwits Band on a per 
     capita basis.
       (f) Limitation.--The moneys authorized to be appropriated 
     under subsections (b) and (c) shall not be available for 
     expenditure or withdrawal by the Shivwits Band until the 
     requirements of section 14 have been met so that the decree 
     has become final and the waivers and releases executed 
     pursuant to section 9(b) have become effective. Once the 
     settlement becomes effective pursuant to the terms of section 
     14 of this Act, the assets of the Trust Fund belong to the 
     Shivwits Band and are not returnable to the United States 
     Government.

     SEC. 12. ENVIRONMENTAL COMPLIANCE.

       (a) National Environmental Policy Act.--Signing by the 
     Secretary of the St. George Water Reuse Project Agreement, 
     the Santa Clara Project Agreement, or the Settlement 
     Agreement does not constitute major Federal action under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (b) Other Requirements.--The Secretary shall comply with 
     all aspects of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.), and other applicable environmental 
     laws in implementing the terms of the St. George Water Reuse 
     Agreement, the Santa Clara Project Agreement, the Settlement 
     Agreement, and this Act.

     SEC. 13. MISCELLANEOUS PROVISIONS.

       (a) Other Indian Tribes.--Nothing in the Settlement 
     Agreement or this Act shall be construed in any way to 
     quantify or otherwise adversely affect the land and water 
     rights, claims, or entitlements to water of any Indian tribe, 
     pueblo, or community, other than the Shivwits Band and the 
     Paiute Indian Tribe of Utah acting on behalf of the Shivwits 
     Band.
       (b) Precedent.--Nothing in this Act shall be construed or 
     interpreted as a precedent for the litigation of reserved 
     water rights or the interpretation or administration of 
     future water settlement Acts.
       (c) Waiver of Sovereign Immunity.--Except to the extent 
     provided in subsections (a), (b), and (c) of section 208 of 
     the Department of Justice Appropriation Act, 1953 (43 U.S.C. 
     666), nothing in this Act may be construed to waive the 
     sovereign immunity of the United States. Furthermore, the 
     submission of any portion of the Settlement Agreement to the 
     District Court in the Virgin River Adjudication shall not 
     expand State court jurisdiction or expand in any manner the 
     waiver of sovereign immunity of the United States in section 
     666 of title 43, United States Code, or any other provision 
     of Federal law.
       (d) Appraisals.--Notwithstanding any other law to the 
     contrary, the Secretary is authorized to approve any right-
     of-way appraisal which has been completed in accordance with 
     the provisions of the Santa Clara Project Agreement.

     SEC. 14. EFFECTIVE DATE.

       (a) In General.--The waiver and release contained in 
     section 9(b) of this Act shall become effective as of the 
     date the Secretary causes to be published in the Federal 
     Register a statement of findings that--
       (1) the funds authorized by sections 11(b) and 11(c) have 
     been appropriated and deposited into the Trust Fund;
       (2) the funds authorized by section 10(f) have been 
     appropriated;
       (3) the St. George Water Reuse Project Agreement has been 
     modified to the extent it is in conflict with this Act and is 
     effective and enforceable according to its terms;
       (4) the Santa Clara Project Agreement has been modified to 
     the extent it is in conflict with this Act and is effective 
     and enforceable according to its terms;
       (5) the Settlement Agreement has been modified to the 
     extent it is in conflict with this Act and is effective and 
     enforceable according to its terms;

[[Page 16229]]

       (6) the State Engineer of Utah has taken all actions and 
     approved all applications necessary to implement the 
     provisions of the St. George Water Reuse Agreement, the Santa 
     Clara Project Agreement, and the Settlement Agreement, from 
     which no further appeals may be taken; and
       (7) the court has entered a judgment and decree confirming 
     the Shivwits Water Right in the Virgin River Adjudication 
     pursuant to Utah Rule of Civil Procedure 54(b), that confirms 
     the Shivwits Water Right and is final as to all parties to 
     the Santa Clara Division of the Virgin River Adjudication and 
     from which no further appeals may be taken, which the United 
     States and Utah find is consistent in all material aspects 
     with the Settlement Agreement and with the proposed judgment 
     and decree agreed to by the parties to the Settlement 
     Agreement.
       (b) Deadline.--If the requirements of paragraphs (1) 
     through (7) of subsection (a) are not completed to allow the 
     Secretary's statement of findings to be published by December 
     31, 2003--
       (1) except as provided in section 9(d), this Act shall be 
     of no further force and effect; and
       (2) all unexpended funds appropriated under section 11(b) 
     and (c), together with all interest earned on such funds 
     shall revert to the general fund of the United States 
     Treasury on October 1, 2004.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from California (Mr. George Miller) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 3291.
  As anyone from the Western part of our great Nation can tell you, 
water is one of the most critical factors to our communities. This 
said, disputes over water are difficult to resolve and the outcomes 
rarely satisfy anyone. Today we have the opportunity to resolve 
potentially heated disputes and bring about a solution that will 
uncharacteristically satisfy all parties involved.
  I introduced H.R. 3291 to provide for the settlement of the water 
rights claims of the Shivwits Band of the Paiute Indians. On July 21, 
1980, the controversy over water came to a head when the State of Utah 
initiated a statutory adjudication of water rights within the drainage 
of the Virgin River, including the Santa Clara River. The United 
States, as trustee for the Shivwits Band, filed a water user claim in 
the ongoing statutory adjudication of water rights in Washington County 
claiming a right to 11,355 acre feet of water for the benefit of the 
Shivwits. However, due to the time and expense of such adjudication, 
the parties have entered into agreements to resolve the water rights 
claims by construction of two water projects that will stabilize the 
erratic flow of the Santa Clara River and guarantee 4,000 acre-feet of 
water per year to the Shivwits. This stabilization of the water flow 
will not only help alleviate water shortages and bring an end to the 
water claim dispute, but also provide much needed water for endangered 
fish.
  Along with the two water projects, H.R. 3291, authorizes the 
Secretary of Interior to create a water rights and habitat acquisition 
program. This program would be established in the Virgin River Basin 
for the benefit of species, primarily in the Santa Clara River Basin 
and secondarily in other parts of the Virgin River, Basin, which have 
been listed, are likely to be listed, or are the subject of a 
conservation agreement under the Endangered Species Act. Acquisition of 
water rights and habitat property must be from willing sellers and 
would be funded by an appropriation of $3 million.
  Mr. Speaker, in conclusion I would like to thank Resources Chairman, 
Don Young, for his leadership in the Committee and I urge my colleagues 
to support this bill.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 3291.
  Mr. Speaker, H.R. 3291 provides for the settlement of the water 
rights claims of the Shivwits Band of the Paiute Indian Tribe of Utah. 
The bill would make 2,000 acre-feet of water available annually to the 
Shivwits Band of the Paiute Indian Tribe. The water would be diverted 
from the water reclamation facility in St. George, Utah.
  This settlement will provide the tribe with a significant and long-
overdue economic boost.
  We have no objections to the legislation.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Hansen) that the House suspend the rules and 
pass the bill, H.R. 3291, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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