    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 782

    Public Law 108-34
    108th Congress

    An Act

    To approve the settlement of the water rights claims of the Zuni Indian
    Tribe in Apache County, Arizona, and for other purposes. [NOTE: June
    23, 2003 -  [S. 222]]

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress [NOTE: Zuni Indian Tribe Water
    Rights Settlement Act of 2003.] 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

    [[Page 783]]

    117 STAT. 783

    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.
    (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

    [[Page 784]]

    117 STAT. 784

    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

    [[Page 785]]

    117 STAT. 785

    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

    [[Page 786]]

    117 STAT. 786

    (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 NW 1/4, 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.

    (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).

    [[Page 787]]

    117 STAT. 787

    (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--

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    117 STAT. 788

    (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).

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    117 STAT. 789

    (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

    [[Page 790]]

    117 STAT. 790

    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 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,

    [[Page 791]]

    117 STAT. 791

    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

    [[Page 792]]

    117 STAT. 792

    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

    [[Page 793]]

    117 STAT. 793]]

    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
    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

    [[Page 794]]

    117 STAT. 794]]

    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.

    [[Page 795]]

    117 STAT. 795

    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) [NOTE: Deadline.] 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

    [[Page 796]]

    117 STAT. 796

    (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

    [[Page 797]]

    117 STAT. 797

    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).
    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 [NOTE: Federal Register, publication.] 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

    [[Page 798]]

    117 STAT. 798

    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.

    Approved June 23, 2003.

    LEGISLATIVE HISTORY--S. 222:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 108-18 (Comm. on Indian Affairs).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Mar. 13, considered and passed Senate.
    June 3, considered and rejected in House.
    June 5, considered and passed House.