Home > 106th Congressional Bills > H.R. 4960 (ih) To extend the King Range National Conservation Area boundary in the State of California to include the Mill Creek Forest. [Introduced in House] ...

H.R. 4960 (ih) To extend the King Range National Conservation Area boundary in the State of California to include the Mill Creek Forest. [Introduced in House] ...


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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 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 

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