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S 222 - 108

Zuni Indian Tribe Water Rights Settlement Act of 2003

Became Public Law No: 108-34.

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Tribal governments
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Impact 85% Confidence 79%

Zuni Indian Tribe Water Rights Settlement Act of 2003 Became Public Law No: 108-34. Native Americans

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Summary

82 Passed Senate without amendment Nov 28, 2006

(This measure has not been amended since it was reported in the Senate on March 10, 2003. The summary of that version is repeated here.) Zuni Indian Tribe Water Rights Settlement Act of 2003- (Sec. 4) Ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights claims in the Little Colorado River basin, Arizona. Authorizes appropriations for: (1) FY 2004 for acquisition of water rights and associated lands, and other activities by the Zuni Tribe to facilitate enforceability of the Settlement Agreement; and (2) FY 2004 through 2006 for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas. Ratifies specified agreements involving the Salt River Project Agricultural Improvement and Power District, Tucson Electric Power Company, the Arizona State Land Department, the Zuni tribe and the United States. (Sec. 5) Requires the Secretary of the Interior to take legal title of specified lands in the Gila and Salt River Base and Meridian into trust for the benefit of the Zuni tribe. Declares that these lands shall not have Federal reserved rights to surface water or groundwater. Requires the Zuni Tribe to make payments in lieu of all current State, county, and local ad valorem taxes that would otherwise apply if those lands were not held in trust. Prohibits the United States, except in certain instances, from removing jurisdiction to Federal courts for disputes over intergovernmental agreements entered into under these trust land agreements. (Sec. 6) Establishes and authorizes appropriations to the Zuni Indian Tribe Water Rights Development Fund, to be allocated among specified activities, including the acquisition of water rights and restoration of the Zuni Heaven Reservation. Requires deposit in it of any funds paid to the Tribe as required by the Settlement Agreement. Conditions Zuni expenditures from such Fund upon the Secretary's approval of a tribal management plan and an expenditure plan. Prohibits any per capita distribution from the Fund to members of the Zuni Tribe. (Sec. 7) Extinguishes all claims for water rights in Zuni lands. Declares that nothing in this Act recognizes or establishes any right of a member of the Zuni tribe to water on the Reservation. Authorizes the Zuni tribe to waive and release past, present, and future claims for injuries to water rights against Arizona, the United States, and others. Authorizes the Zuni tribe to waive its right to request that the United States bring any current or future claims for injuries to water quality. Waives and releases all past, present, and future common law and natural resource damage claims of the United States against Arizona or others with respect to Settlement land and water. (Sec. 8) Disallows any claim of sovereign immunity by the United States or specified tribes in specified kinds of litigation relating to the interpretation or enforcement of this Act, the Settlement Agreement, other specified agreements, or a Pumping Protection Agreement. Requires all water rights used on the Zuni Heaven Reservation to be held in trust by the United States. Specifies water use rights and immunities, subject to certain limitations. Continues existing rights-of-way and requires the Secretary to grant additional rights-of-way under specified conditions.

80 Reported to Senate without amendment Nov 28, 2006

(This measure has not been amended since it was introduced in the Senate on January 28, 2003. However, because action occurred on the measure, the summary has been expanded.) Zuni Indian Tribe Water Rights Settlement Act of 2003- (Sec. 4) Ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights claims in the Little Colorado River basin, Arizona. Authorizes appropriations for: (1) FY 2004 for acquisition of water rights and associated lands, and other activities by the Zuni Tribe to facilitate enforceability of the Settlement Agreement; and (2) FY 2004 through 2006 for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas. Ratifies specified agreements involving the Salt River Project Agricultural Improvement and Power District, Tucson Electric Power Company, the Arizona State Land Department, the Zuni tribe and the United States. (Sec. 5) Requires the Secretary of the Interior to take legal title of specified lands in the Gila and Salt River Base and Meridian into trust for the benefit of the Zuni tribe. Declares that these lands shall not have Federal reserved rights to surface water or groundwater. Requires the Zuni Tribe to make payments in lieu of all current State, county, and local ad valorem taxes that would otherwise apply if those lands were not held in trust. Prohibits the United States, except in certain instances, from removing jurisdiction to Federal courts for disputes over intergovernmental agreements entered into under these trust land agreements. (Sec. 6) Establishes and authorizes appropriations to the Zuni Indian Tribe Water Rights Development Fund, to be allocated among specified activities, including the acquisition of water rights and restoration of the Zuni Heaven Reservation. Requires deposit in it of any funds paid to the Tribe as required by the Settlement Agreement. Conditions Zuni expenditures from such Fund upon the Secretary's approval of a tribal management plan and an expenditure plan. Prohibits any per capita distribution from the Fund to members of the Zuni Tribe. (Sec. 7) Extinguishes all claims for water rights in Zuni lands. Declares that nothing in this Act recognizes or establishes any right of a member of the Zuni tribe to water on the Reservation. Authorizes the Zuni tribe to waive and release past, present, and future claims for injuries to water rights against Arizona, the United States, and others. Authorizes the Zuni tribe to waive its right to request that the United States bring any current or future claims for injuries to water quality. Waives and releases all past, present, and future common law and natural resource damage claims of the United States against Arizona or others with respect to Settlement land and water. (Sec. 8) Disallows any claim of sovereign immunity by the United States or specified tribes in specified kinds of litigation relating to the interpretation or enforcement of this Act, the Settlement Agreement, other specified agreements, or a Pumping Protection Agreement. Requires all water rights used on the Zuni Heaven Reservation to be held in trust by the United States. Specifies water use rights and immunities, subject to certain limitations. Continues existing rights-of-way and requires the Secretary to grant additional rights-of-way under specified conditions.

00 Introduced in Senate Nov 28, 2006

Zuni Indian Tribe Water Rights Settlement Act of 2003 - Ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights claims in the Little Colorado River basin, Arizona. Includes the provision of assistance for acquiring surface water rights and wetland restoration. Names the Tribe, the State of Arizona and specified state agencies, specified neighboring non-Indian communities, and specified water and power companies as parties to the agreement. Directs the Secretary of the Interior to execute the Settlement Agreement and subsequent, mutually agreed upon amendments. Establishes and authorizes appropriations to the Zuni Indian Tribe Water Rights Development Fund to be allocated among specified activities, including the acquisition of water rights and restoration at the Zuni Heaven Reservation. Includes funds paid to the Tribe as required by the Settlement Agreement. Conditions Zuni expenditures from such Fund upon the approval of a tribal management plan and an expenditure plan. Directs the Secretary to take title to specified lands in trust for the benefit of the Tribe, including lands to become part of the Reservation. Sets forth the status of such lands with regard to Federal and State water rights and ad valorem taxes. Extinguishes all claims for water rights in Zuni lands.

49 Public Law Sep 23, 2003

(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.) Zuni Indian Tribe Water Rights Settlement Act of 2003- (Sec. 4) Ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights claims in the Little Colorado River basin, Arizona. Authorizes appropriations for: (1) FY 2004 for acquisition of water rights and associated lands, and other activities by the Zuni Tribe to facilitate enforceability of the Settlement Agreement; and (2) FY 2004 through 2006 for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas. Ratifies specified agreements involving the Salt River Project Agricultural Improvement and Power District, Tucson Electric Power Company, the Arizona State Land Department, the Zuni tribe and the United States. (Sec. 5) Requires the Secretary of the Interior to take legal title of specified lands in the Gila and Salt River Base and Meridian into trust for the benefit of the Zuni tribe. Declares that these lands shall not have Federal reserved rights to surface water or groundwater. Requires the Zuni Tribe to make payments in lieu of all current State, county, and local ad valorem taxes that would otherwise apply if those lands were not held in trust. Prohibits the United States, except in certain instances, from removing jurisdiction to Federal courts for disputes over intergovernmental agreements entered into under these trust land agreements. (Sec. 6) Establishes and authorizes appropriations to the Zuni Indian Tribe Water Rights Development Fund, to be allocated among specified activities, including the acquisition of water rights and restoration of the Zuni Heaven Reservation. Requires deposit in it of any funds paid to the Tribe as required by the Settlement Agreement. Conditions Zuni expenditures from such Fund upon the Secretary's approval of a tribal management plan and an expenditure plan. Prohibits any per capita distribution from the Fund to members of the Zuni Tribe. (Sec. 7) Extinguishes all claims for water rights in Zuni lands. Declares that nothing in this Act recognizes or establishes any right of a member of the Zuni tribe to water on the Reservation. Authorizes the Zuni tribe to waive and release past, present, and future claims for injuries to water rights against Arizona, the United States, and others. Authorizes the Zuni tribe to waive its right to request that the United States bring any current or future claims for injuries to water quality. Waives and releases all past, present, and future common law and natural resource damage claims of the United States against Arizona or others with respect to Settlement land and water. (Sec. 8) Disallows any claim of sovereign immunity by the United States or specified tribes in specified kinds of litigation relating to the interpretation or enforcement of this Act, the Settlement Agreement, other specified agreements, or a Pumping Protection Agreement. Requires all water rights used on the Zuni Heaven Reservation to be held in trust by the United States. Specifies water use rights and immunities, subject to certain limitations. Continues existing rights-of-way and requires the Secretary to grant additional rights-of-way under specified conditions.

81 Passed House without amendment Sep 23, 2003

(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.) Zuni Indian Tribe Water Rights Settlement Act of 2003- (Sec. 4) Ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights claims in the Little Colorado River basin, Arizona. Authorizes appropriations for: (1) FY 2004 for acquisition of water rights and associated lands, and other activities by the Zuni Tribe to facilitate enforceability of the Settlement Agreement; and (2) FY 2004 through 2006 for actions necessary to restore, rehabilitate, and maintain the Zuni Heaven Reservation, including the Sacred Lake, wetlands, and riparian areas. Ratifies specified agreements involving the Salt River Project Agricultural Improvement and Power District, Tucson Electric Power Company, the Arizona State Land Department, the Zuni tribe and the United States. (Sec. 5) Requires the Secretary of the Interior to take legal title of specified lands in the Gila and Salt River Base and Meridian into trust for the benefit of the Zuni tribe. Declares that these lands shall not have Federal reserved rights to surface water or groundwater. Requires the Zuni Tribe to make payments in lieu of all current State, county, and local ad valorem taxes that would otherwise apply if those lands were not held in trust. Prohibits the United States, except in certain instances, from removing jurisdiction to Federal courts for disputes over intergovernmental agreements entered into under these trust land agreements. (Sec. 6) Establishes and authorizes appropriations to the Zuni Indian Tribe Water Rights Development Fund, to be allocated among specified activities, including the acquisition of water rights and restoration of the Zuni Heaven Reservation. Requires deposit in it of any funds paid to the Tribe as required by the Settlement Agreement. Conditions Zuni expenditures from such Fund upon the Secretary's approval of a tribal management plan and an expenditure plan. Prohibits any per capita distribution from the Fund to members of the Zuni Tribe. (Sec. 7) Extinguishes all claims for water rights in Zuni lands. Declares that nothing in this Act recognizes or establishes any right of a member of the Zuni tribe to water on the Reservation. Authorizes the Zuni tribe to waive and release past, present, and future claims for injuries to water rights against Arizona, the United States, and others. Authorizes the Zuni tribe to waive its right to request that the United States bring any current or future claims for injuries to water quality. Waives and releases all past, present, and future common law and natural resource damage claims of the United States against Arizona or others with respect to Settlement land and water. (Sec. 8) Disallows any claim of sovereign immunity by the United States or specified tribes in specified kinds of litigation relating to the interpretation or enforcement of this Act, the Settlement Agreement, other specified agreements, or a Pumping Protection Agreement. Requires all water rights used on the Zuni Heaven Reservation to be held in trust by the United States. Specifies water use rights and immunities, subject to certain limitations. Continues existing rights-of-way and requires the Secretary to grant additional rights-of-way under specified conditions.

Sponsors

JK
Sponsor

Sen. Kyl, Jon [R-AZ]

Republican · AZ · K000352

Joined Jan 28, 2003
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Timeline

Jun 23, 2003

Signed by President.

Jun 23, 2003

Signed by President.

Jun 23, 2003

Became Public Law No: 108-34.

Jun 23, 2003

Became Public Law No: 108-34.

Jun 11, 2003

Presented to President.

Jun 11, 2003

Presented to President.

Jun 5, 2003

Considered under the provisions of rule H. Res. 258. (consideration: CR H5023-5028)

Jun 5, 2003

Rule provides for consideration of S. 222 and S. 273. S. 222 shall be debatable 40 minutes equally divided between the chairman and ranking minority member of the Committee on Resources. Waives all points of order against consideration of S.222. Provides one motion to recommit, with or without instructions, for S. 222. The rule further provides that S. 273 shall be debatable for 40 minutes equally divided between the chairman and ranking minority member of the Committee on Resources. Waives all points of order against consideration of S. 273. Finally, the rule provides one motion to recommit,

Jun 5, 2003

DEBATE - The House proceeded with forty minutes of debate on S. 222.

Jun 5, 2003

The previous question was ordered pursuant to the rule.

Jun 5, 2003

POSTPONED ROLL CALL VOTE - At the conclusion of debate on S. 222, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Mr. Udall of New Mexico demanded the Yeas and Nays and the Chair postponed further proceedings on the question of passage until later in the legislative day.

Jun 5, 2003

Considered as unfinished business. (consideration: CR H5029-5030)

Jun 5, 2003

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 389 - 3 (Roll no. 247).(text: CR H5023-5027)

Jun 5, 2003

On passage Passed by the Yeas and Nays: 389 - 3 (Roll no. 247). (text: CR H5023-5027)

Jun 5, 2003

Motion to reconsider laid on the table Agreed to without objection.

Jun 4, 2003

Rules Committee Resolution H. Res. 258 Reported to House. Rule provides for consideration of S. 222 and S. 273. S. 222 shall be debatable 40 minutes equally divided between the chairman and ranking minority member of the Committee on Resources. Waives all points of order against consideration of S.222. Provides one motion to recommit, with or without instructions, for S. 222. The rule further provides that S. 273 shall be debatable for 40 minutes equally divided between the chairman and ranking minority member of the Committee on Resources. Waives all points of order against consideration of S. 273. Finally, the rule provides one motion to recommit,

Jun 3, 2003

Mr. Renzi moved to suspend the rules and pass the bill.

Jun 3, 2003

Considered under suspension of the rules. (consideration: CR H4797-4804)

Jun 3, 2003

DEBATE - The House proceeded with forty minutes of debate on S. 222.

Jun 3, 2003

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

Jun 3, 2003

Considered as unfinished business. (consideration: CR H4809-4810)

Jun 3, 2003

Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 224 - 188 (Roll no. 230).(text: CR H4797-4802)

Jun 3, 2003

On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 224 - 188 (Roll no. 230). (text: CR H4797-4802)

Mar 21, 2003

Referred to the Subcommittee on Water and Power.

Mar 21, 2003

Executive Comment Requested from Interior.

Mar 17, 2003

Message on Senate action sent to the House.

Mar 17, 2003

Received in the House.

Mar 17, 2003

Referred to the House Committee on Resources.

Mar 13, 2003

Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S3755-3759; text of measure as passed Senate: CR S3755-3759)

Mar 13, 2003

Passed Senate without amendment by Unanimous Consent. (consideration: CR S3755-3759; text of measure as passed Senate: CR S3755-3759)

Mar 10, 2003

Committee on Indian Affairs. Reported by Senator Campbell without amendment. With written report No. 108-18.

Mar 10, 2003

Committee on Indian Affairs. Reported by Senator Campbell without amendment. With written report No. 108-18.

Mar 10, 2003

Placed on Senate Legislative Calendar under General Orders. Calendar No. 31.

Feb 26, 2003

Committee on Indian Affairs. Ordered to be reported without amendment favorably.

Jan 28, 2003

Introduced in Senate

Jan 28, 2003

Sponsor introductory remarks on measure. (CR S1675)

Jan 28, 2003

Read twice and referred to the Committee on Indian Affairs.

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