S. 222 (is) To approve the settlement of the water rights claims of the Zuni Indian Tribe in Apache County, Arizona, and for other purposes. [Introduced in Senate] ...

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108th CONGRESS
  1st Session
                                 S. 222

_______________________________________________________________________

                                 AN ACT


 
To approve the settlement of the water rights claims of the Zuni Indian 
        Tribe in Apache County, Arizona, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Zuni Indian Tribe Water Rights 
Settlement Act of 2003''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) It is the policy of the United States, in keeping with 
        its trust responsibility to Indian tribes, to promote Indian 
        self-determination, religious freedom, political and cultural 
        integrity, and economic self-sufficiency, and to settle, 
        wherever possible, the water rights claims of Indian tribes 
        without lengthy and costly litigation.
            (2) Quantification of rights to water and development of 
        facilities needed to use tribal water supplies effectively is 
        essential to the development of viable Indian reservation 
        communities, particularly in arid western States.
            (3) On August 28, 1984, and by actions subsequent thereto, 
        the United States established a reservation for the Zuni Indian 
        Tribe in Apache County, Arizona upstream from the confluence of 
        the Little Colorado and Zuni Rivers for long-standing religious 
        and sustenance activities.
            (4) The water rights of all water users in the Little 
        Colorado River basin in Arizona have been in litigation since 
        1979, in the Superior Court of the State of Arizona in and for 
        the County of Apache in Civil No. 6417, In re The General 
        Adjudication of All Rights to Use Water in the Little Colorado 
        River System and Source.
            (5) Recognizing that the final resolution of the Zuni 
        Indian Tribe's water claims through litigation will take many 
        years and entail great expense to all parties, continue to 
        limit the Tribe's access to water with economic, social, and 
        cultural consequences to the Tribe, prolong uncertainty as to 
        the availability of water supplies, and seriously impair the 
        long-term economic planning and development of all parties, the 
        Tribe and neighboring non-Indians have sought to settle their 
        disputes to water and reduce the burdens of litigation.
            (6) After more than 4 years of negotiations, which included 
        participation by representatives of the United States, the Zuni 
        Indian Tribe, the State of Arizona, and neighboring non-Indian 
        communities in the Little Colorado River basin, the parties 
        have entered into a Settlement Agreement to resolve all of the 
        Zuni Indian Tribe's water rights claims and to assist the Tribe 
        in acquiring surface water rights, to provide for the Tribe's 
        use of groundwater, and to provide for the wetland restoration 
        of the Tribe's lands in Arizona.
            (7) To facilitate the wetland restoration project 
        contemplated under the Settlement Agreement, the Zuni Indian 
        Tribe acquired certain lands along the Little Colorado River 
        near or adjacent to its Reservation that are important for the 
        success of the project and will likely acquire a small amount 
        of similarly situated additional lands. The parties have agreed 
        not to object to the United States taking title to certain of 
        these lands into trust status; other lands shall remain in 
        tribal fee status. The parties have worked extensively to 
        resolve various governmental concerns regarding use of and 
        control over those lands, and to provide a successful model for 
        these types of situations, the State, local, and tribal 
        governments intend to enter into an Intergovernmental Agreement 
        that addresses the parties' governmental concerns.
            (8) Pursuant to the Settlement Agreement, the neighboring 
        non-Indian entities will assist in the Tribe's acquisition of 
        surface water rights and development of groundwater, store 
        surface water supplies for the Zuni Indian Tribe, and make 
        substantial additional contributions to carry out the 
        Settlement Agreement's provisions.
            (9) To advance the goals of Federal Indian policy and 
        consistent with the trust responsibility of the United States 
        to the Tribe, it is appropriate that the United States 
        participate in the implementation of the Settlement Agreement 
        and contribute funds for the rehabilitation of religious 
        riparian areas and other purposes to enable the Tribe to use 
        its water entitlement in developing its Reservation.
    (b) Purposes.--The purposes of this Act are--
            (1) to approve, ratify, and confirm the Settlement 
        Agreement entered into by the Tribe and neighboring non-
        Indians;
            (2) to authorize and direct the Secretary of the Interior 
        to execute and perform the Settlement Agreement and related 
        waivers;
            (3) to authorize and direct the United States to take legal 
        title and hold such title to certain lands in trust for the 
        benefit of the Zuni Indian Tribe; and
            (4) to authorize the actions, agreements, and 
        appropriations as provided for in the Settlement Agreement and 
        this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Eastern lcr basin.--The term ``Eastern LCR basin'' 
        means the portion of the Little Colorado River basin in Arizona 
        upstream of the confluence of Silver Creek and the Little 
        Colorado River, as identified on Exhibit 2.10 of the Settlement 
        Agreement.
            (2) Fund.--The term ``Fund'' means the Zuni Indian Tribe 
        Water Rights Development Fund established by section 6(a).
            (3) Intergovernmental agreement.--The term 
        ``Intergovernmental Agreement'' means the intergovernmental 
        agreement between the Zuni Indian Tribe, Apache County, Arizona 
        and the State of Arizona described in article 6 of the 
        Settlement Agreement.
            (4) Pumping protection agreement.--The term ``Pumping 
        Protection Agreement'' means an agreement, described in article 
        5 of the Settlement Agreement, between the Zuni Tribe, the 
        United States on behalf of the Tribe, and a local landowner 
        under which the landowner agrees to limit pumping of 
        groundwater on his lands in exchange for a waiver of certain 
        claims by the Zuni Tribe and the United States on behalf of the 
        Tribe.
            (5) Reservation; zuni heaven reservation.--The term 
        ``Reservation'' or ``Zuni Heaven Reservation'', also referred 
        to as ``Kolhu:wala:wa'', means the following property in Apache 
        County, Arizona: Sections 26, 27, 28, 33, 34, and 35, Township 
        15 North, Range 26 East, Gila and Salt River Base and Meridian; 
        and Sections 2, 3, 4, 9, 10, 11, 13, 14, 15, 16, 23, 26, and 
        27, Township 14 North, Range 26 East, Gila and Salt River Base 
        and Meridian.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Settlement agreement.--The term ``Settlement 
        Agreement'' means that agreement dated June 7, 2002, together 
        with all exhibits thereto. The parties to the Settlement 
        Agreement include the Zuni Indian Tribe and its members, the 
        United States on behalf of the Tribe and its members, the State 
        of Arizona, the Arizona Game and Fish Commission, the Arizona 
        State Land Department, the Arizona State Parks Board, the St. 
        Johns Irrigation and Ditch Co., the Lyman Water Co., the Round 
        Valley Water Users' Association, the Salt River Project 
        Agricultural Improvement and Power District, the Tucson 
        Electric Power Company, the City of St. Johns, the Town of 
        Eagar, and the Town of Springerville.
            (8) SRP.--The term ``SRP'' means the Salt River Project 
        Agricultural Improvement and Power District, a political 
        subdivision of the State of Arizona.
            (9) TEP.--The term ``TEP'' means Tucson Electric Power 
        Company.
            (10) Tribe, zuni tribe, or zuni indian tribe.--The terms 
        ``Tribe'', ``Zuni Tribe'', or ``Zuni Indian Tribe'' means the 
        body politic and federally recognized Indian nation, and its 
        members.
            (11) Zuni lands.--The term ``Zuni Lands'' means all the 
        following lands, in the State of Arizona, that, on the 
        effective date described in section 9(a), are--
                    (A) within the Zuni Heaven Reservation;
                    (B) held in trust by the United States for the 
                benefit of the Tribe or its members; or
                    (C) held in fee within the Little Colorado River 
                basin by or for the Tribe.

SEC. 4. AUTHORIZATION, RATIFICATIONS, AND CONFIRMATIONS.

    (a) Settlement Agreement.--To the extent the Settlement Agreement 
does not conflict with the provisions of this Act, such Settlement 
Agreement is hereby approved, ratified, confirmed, and declared to be 
valid. The Secretary is authorized and directed to execute the 
Settlement Agreement and any amendments approved by the parties 
necessary to make the Settlement Agreement consistent with this Act. 
The Secretary is further authorized to perform any actions required by 
the Settlement Agreement and any amendments to the Settlement Agreement 
that may be mutually agreed upon by the parties to the Settlement 
Agreement.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Zuni Indian Tribe Water Rights Development Fund 
established in section 6(a), $19,250,000, to be allocated by the 
Secretary as follows:
            (1) $3,500,000 for fiscal year 2004, to be used for the 
        acquisition of water rights and associated lands, and other 
        activities carried out, by the Zuni Tribe to facilitate the 
        enforceability of the Settlement Agreement, including the 
        acquisition of at least 2,350 acre-feet per year of water 
        rights before the deadline described in section 9(b).
            (2) $15,750,000, of which $5,250,000 shall be made 
        available for each of fiscal years 2004, 2005, and 2006, to 
        take actions necessary to restore, rehabilitate, and maintain 
        the Zuni Heaven Reservation, including the Sacred Lake, 
        wetlands, and riparian areas as provided for in the Settlement 
        Agreement and under this Act.
    (c) Other Agreements.--Except as provided in section 9, the 
following 3 separate agreements, together with all amendments thereto, 
are approved, ratified, confirmed, and declared to be valid:
            (1) The agreement between SRP, the Zuni Tribe, and the 
        United States on behalf of the Tribe, dated June 7, 2002.
            (2) The agreement between TEP, the Zuni Tribe, and the 
        United States on behalf of the Tribe, dated June 7, 2002.
            (3) The agreement between the Arizona State Land 
        Department, the Zuni Tribe, and the United States on behalf of 
        the Tribe, dated June 7, 2002.

SEC. 5. TRUST LANDS.

    (a) New Trust Lands.--Upon satisfaction of the conditions in 
paragraph 6.2 of the Settlement Agreement, and after the requirements 
of section 9(a) have been met, the Secretary shall take the legal title 
of the following lands into trust for the benefit of the Zuni Tribe:
            (1) In T. 14 N., R. 27 E., Gila and Salt River Base and 
        Meridian:
                    (A) Section 13: SW 1/4, S 1/2 NE 1/4 SE 1/4, W 1/2 
                SE 1/4, SE 1/4 SE 1/4;
                    (B) Section 23: N 1/2, N 1/2 SW 1/4, N 1/2 SE 1/4, 
                SE 1/4 SE 1/4, N 1/2 SW 1/4 SE 1/4, SE 1/4 SW 1/4 SE 1/
                4;
                    (C) Section 24: NW 1/4, SW 1/4, S 1/2 NE 1/4, N 1/2 
                SE 1/4; and
                    (D) Section 25: N 1/2 NE 1/4, SE 1/4 NE 1/4, NE 1/4 
                SE 1/4.
            (2) In T. 14 N., R. 28 E., Gila and Salt River Base and 
        Meridian:
                    (A) Section 19: W 1/2 E 1/2 NW 1/4, W 1/2 NW 1/4, W 
                1/2 NE 1/4 SW 1/4, NW 1/4 SW 1/4, S 1/2 SW 1/4;
                    (B) Section 29: SW 1/4 SW 1/4 NW 1/4, NW 1/4 NW 1/4 
                SW 1/4, S 1/2 N 1/2 SW 1/4, S 1/2 SW 1/4, S 1/2 NW 1/4 
                SE 1/4, SW 1/4 SE 1/4;
                    (C) Section 30: W 1/2 , SE 1/4; and
                    (D) Section 31: N 1/2 NE 1/4, N 1/2 S 1/2 NE 1/4, S 
                1/2 SE 1/4 NE 1/4, NW 1/4, E 1/2 SW 1/4, N 1/2 NW 1/4 
                SW 1/4, SE 1/4 NW 1/4 SW 1/4, E 1/2 SW 1/4 SW 1/4, SW 
                1/4 SW 1/4 SW 1/4.
    (b) Future Trust Lands.--Upon satisfaction of the conditions in 
paragraph 6.2 of the Settlement Agreement, after the requirements of 
section 9(a) have been met, and upon acquisition by the Zuni Tribe, the 
Secretary shall take the legal title of the following lands into trust 
for the benefit of the Zuni Tribe:
            (1) In T. 14 N., R. 26E., Gila and Salt River Base and 
        Meridian: Section 25: N 1/2 NE 1/4, N 1/2 S 1/2 NE 1/4, NW 1/4, 
        N 1/2 NE 1/4 SW 1/4, NE 1/4 NW 1/4 SW 1/4.
            (2) In T. 14 N., R. 27 E., Gila and Salt River Base and 
        Meridian:
                    (A) Section 14: SE 1/4 SW 1/4, SE 1/4;
                    (B) Section 16: S 1/2 SW 1/4 SE 1/4;
                    (C) Section 19: S 1/2 SE 1/4 SE 1/4;
                    (D) Section 20: S 1/2 SW 1/4 SW 1/4, E 1/2 SE 1/4 
                SE 1/4;
                    (E) Section 21: N 1/2 NE 1/4, E 1/2 NE 1/4 NW 1/4, 
                SE 1/4 NW 1/4, W 1/2 SW 1/4 NE 1/4, N 1/2 NE 1/4 SW 1/
                4, SW 1/4 NE 1/4 SW 1/4, E 1/2 NW 1/4 SW 1/4, SW 1/4 NW 
                1/4 SW 1/4, W 1/2 SW 1/4 SW 1/4;
                    (F) Section 22: SW 1/4 NE 1/4 NE 1/4, NW 1/4 NE 1/
                4, S 1/2 NE 1/4, N 1/2 NW 1/4, SE 1/4 NW1/4, N 1/2 SW 
                1/4 NW 1/4, SE 1/4 SW 1/4 NW 1/4, N 1/2 N 1/2 SE 1/4, N 
                1/2 NE 1/4 SW 1/4;
                    (G) Section 24: N 1/2 NE 1/4, S 1/2 SE 1/4;
                    (H) Section 29: N 1/2 N 1/2;
                    (I) Section 30: N 1/2 N 1/2, N 1/2 S 1/2 NW 1/4, N 
                1/2 SW 1/4 NE 1/4; and
                    (J) Section 36: SE 1/4 SE 1/4 NE 1/4, NE 1/4 NE 1/4 
                SE 1/4.
            (3) In T. 14 N., R. 28 E., Gila and Salt River Base and 
        Meridian:
                    (A) Section 18: S 1/2 NE 1/4, NE 1/4 SW 1/4, NE 1/4 
                NW 1/4 SW 1/4, S 1/2 NW 1/4 SW 1/4, S 1/2 SW 1/4, N 1/2 
                SE 1/4, N 1/2 SW 1/4 SE 1/4, SE 1/4 SE 1/4;
                    (B) Section 30: S 1/2 NE 1/4, W 1/2 NW 1/4 NE 1/4; 
                and
                    (C) Section 32: N 1/2 NW 1/4 NE 1/4, SW 1/4 NE 1/4, 
                S 1/2 SE 1/4 NE 1/4, NW 1/4, SW 1/4, N 1/2 SE 1/4, SW 
                1/4 SE 1/4, N 1/2 SE 1/4 SE 1/4, SW 1/4 SE 1/4 SE 1/4.
    (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 

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