San Juan Southern Paiute Tribal Homelands Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 2461 To ratify a Treaty between the San Juan Southern Paiute Tribe and the Navajo Nation, to provide for the creation of a reservation for the San Juan Southern Paiute Tribe, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 3, 2023 Mr. CRANE introduced the following bill; which was referred to the Committee on Natural Resources A BILL To ratify a Treaty between the San Juan Southern Paiute Tribe and the Navajo Nation, to provide for the creation of a reservation for the San Juan Southern Paiute Tribe, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘San Juan Southern 4 Paiute Tribal Homelands Act of 2023’’. 5 SEC. 2. FINDINGS. 6 The Congress finds the following: 7 VerDate Sep 11 2014 22:16 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2461.IH H2461 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2461 IH (1) The San Juan Southern Paiute Tribe is a 1 federally recognized Indian Tribe that has occupied 2 its ancestral homelands in northern Arizona and 3 southern Utah since time immemorial. 4 (2) The San Juan Southern Paiute Tribe was 5 federally recognized on December 11, 1989, though 6 the United States did not create a reservation for its 7 exclusive benefit at that time. 8 (3) The Navajo Indian Reservation was origi- 9 nally established by the 1868 Navajo Treaty (15 10 Stat. 667) and expanded in Arizona and Utah by 11 various Executive orders and Acts of Congress, in- 12 cluding, but not limited to, Executive order of May 13 17, 1884; Executive order of January 8, 1900; Pub- 14 lic Law 72–403, 47 Stat. 1418 (1933); and Public 15 Law 73–352, 48 Stat. 960 (1934). 16 (4) The Navajo Indian Reservation presently 17 encompasses lands of the San Juan Southern Paiute 18 Tribe as described in the Treaty between the Navajo 19 Nation and the San Juan Southern Paiute Tribe. 20 (5) While the Dine´ people of the Navajo Nation 21 and the Paiute people of the San Juan Southern 22 Paiute Tribe have a long history as neighboring 23 communities, the San Juan Southern Paiute people 24 VerDate Sep 11 2014 22:16 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2461.IH H2461 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2461 IH are a separate and culturally distinct Tribe residing 1 within their ancestral lands. 2 (6) The existence of the San Juan Southern 3 Paiute Tribe within the exterior boundaries of the 4 Navajo Indian Reservation and the lack of an exclu- 5 sive reservation land base causes particular hardship 6 for the people of the San Juan Southern Paiute 7 Tribe, preventing the Tribe from providing adequate 8 housing, infrastructure, healthcare, community serv- 9 ices, and public safety for its people. 10 (7) The San Juan Southern Paiute Tribe and 11 the Navajo Nation entered into a Treaty on March 12 18, 2000, to resolve and clarify the sovereign au- 13 thority of both Tribal nations, to provide a perma- 14 nent homeland for the San Juan Southern Paiute 15 Tribe, and to resolve other matters of mutual con- 16 cern. 17 (8) Ratification and approval of the Treaty by 18 Congress and the execution of the Treaty by the 19 Secretary is necessary for the Treaty to become ef- 20 fective under its terms. 21 (9) The establishment and proclamation of the 22 San Juan Southern Paiute Reservation as author- 23 ized in this Act only includes lands within the exist- 24 ing boundaries of the Navajo Indian Reservation. 25 VerDate Sep 11 2014 22:16 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2461.IH H2461 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2461 IH (10) Once effective, the Treaty will— 1 (A) resolve and cause the dismissal of 2 long-running litigation concerning certain land 3 rights of the Navajo Nation and San Juan 4 Southern Paiute Tribe currently pending before 5 the United States Court of Appeals for the 6 Ninth Circuit (Masayesva v. Zah et al., No. 93– 7 15216 (9th Cir.); and 8 (B) promote cooperation and harmony be- 9 tween the Dine´ and Paiute people, serving as 10 an example of friendship and partnership be- 11 tween two sovereign Tribal nations. 12 SEC. 3. DEFINITIONS. 13 For the purpose of this Act, the following definitions 14 apply: 15 (1) SAN JUAN PAIUTE NORTHERN AREA.—The 16 term ‘‘San Juan Paiute Northern Area’’ means the 17 area of land located within the San Juan Southern 18 Paiute Reservation as depicted on Map B of the 19 Treaty. 20 (2) SAN JUAN PAIUTE SOUTHERN AREA.—The 21 term ‘‘San Juan Paiute Southern Area’’ means the 22 area of land within the San Juan Southern Paiute 23 Reservation depicted on Map A of the Treaty. 24 VerDate Sep 11 2014 22:16 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2461.IH H2461 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2461 IH (3) SAN JUAN SOUTHERN PAIUTE RESERVA- 1 TION.—The term ‘‘San Juan Southern Paiute Res- 2 ervation’’ means the approximately 5,400 acres of 3 lands described in the Treaty as the ‘‘San Juan Pai- 4 ute Northern Area’’ and the ‘‘San Juan Paiute 5 Southern Area’’ located wholly within the exterior 6 boundaries of the Navajo Indian Reservation. 7 (4) SECRETARY.—The term ‘‘Secretary’’ means 8 the Secretary of the Interior. 9 (5) TREATY.—The term ‘‘Treaty’’ means the 10 articles of Treaty and Agreement entered into by the 11 Navajo Nation and the San Juan Southern Paiute 12 Tribe to settle land claims and other disputes, as ex- 13 ecuted on March 18, 2000, and modified by adden- 14 dum on May 7th, 2004, including all exhibits and 15 maps incorporated therein by reference. 16 SEC. 4. RATIFICATION AND APPROVAL OF THE TREATY. 17 The Treaty is hereby approved, ratified and con- 18 firmed by the Congress of the United States. 19 SEC. 5. APPROVAL OF THE SECRETARY. 20 (a) IN GENERAL.—The Secretary is authorized and 21 directed— 22 (1) to approve and execute the Treaty as set 23 forth therein, except that the specific findings stated 24 VerDate Sep 11 2014 22:16 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2461.IH H2461 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2461 IH under the heading ‘‘APPROVAL,’’ following the 1 Treaty, shall not be binding on the Secretary; and 2 (2) to take all steps necessary to implement and 3 carry out the intent of the Treaty and this Act. 4 (b) APPROVAL OF AMENDMENTS.—The Secretary is 5 delegated the authority, without further Act of Congress, 6 to approve and execute amendments to the Treaty agreed 7 to by the Navajo Nation and the San Juan Southern Pai- 8 ute Tribe. 9 SEC. 6. LANDS PROCLAIMED A RESERVATION FOR THE SAN 10 JUAN SOUTHERN PAIUTE TRIBE. 11 (a) IN GENERAL.—All right, title and interest, in- 12 cluding water rights, to the approximately 5,400 acres of 13 land within the Navajo Indian Reservation that are de- 14 scribed in the Treaty as the San Juan Paiute Northern 15 Area and the San Juan Paiute Southern Area, are hereby 16 proclaimed as the San Juan Southern Paiute Reservation 17 and such lands shall be held by the United States in trust 18 as a reservation for the exclusive benefit of the San Juan 19 Southern Paiute Tribe, subject to the rights of access 20 under section 7 of this Act. 21 (b) NO MAJOR FEDERAL ACTION; UNDERTAKING.— 22 No action taken pursuant to this section shall be consid- 23 ered— 24 VerDate Sep 11 2014 02:21 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2461.IH H2461 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2461 IH (1) a major Federal action under the National 1 Environmental Policy Act (42 U.S.C. 4321 et seq.); 2 or 3 (2) an undertaking under the National Historic 4 Preservation Act (54 U.S.C. 300101 et seq.). 5 (c) NO APPRAISAL OR VALUATION.—Notwith- 6 standing any other law, no appraisal or other valuation 7 shall be required to carry out the provisions of this section. 8 SEC. 7. RIGHTS OF ACCESS AND EASEMENTS. 9 The Navajo Indian Reservation and the San Juan 10 Southern Paiute Reservation shall be subject to the rights 11 of access and easements as identified in the Treaty. 12 SEC. 8. SURVEYING AND FENCING OF LAND. 13 (a) REQUIREMENT.—The Secretary is directed to— 14 (1) complete a survey and legal description of 15 the boundary lines to establish the boundaries of the 16 San Juan Southern Paiute Reservation, not later 17 than 18 months after the date of the enactment of 18 this Act; 19 (2) officially file the survey plat in the appro- 20 priate office of the Department of the Interior; 21 (3) mark and fence the lands as described in 22 article V of the Treaty, where feasible; and 23 VerDate Sep 11 2014 22:16 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2461.IH H2461 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2461 IH (4) study the feasibility of an access road to the 1 San Juan Paiute Southern Area from U.S. Route 2 89, as described in article XI of the Treaty. 3 (b) LEGAL DESCRIPTIONS.— 4 (1) IN GENERAL.—The legal descriptions pub- 5 lished in accordance with subsection (b) shall be con- 6 sidered the official legal description of the San Juan 7 Southern Paiute Reservation and shall have the 8 same force and effect as if included in this Act. 9 (2) PUBLICATION.—Upon completion of the 10 surveys under subsection (a), the Secretary shall 11 publish in the Federal Register a legal description of 12 the lands comprising the San Juan Southern Paiute 13 Reservation. 14 (3) CORRECTIONS.—The Secretary may make 15 minor corrections to correct technical and clerical er- 16 rors in the legal descriptions. 17 SEC. 9. REPEAL OF PAIUTE ALLOTMENT PROCEDURES. 18 Section 9 of Public Law 93–531 (88 Stat. 1716, for- 19 merly codified at 25 U.S.C. 640d–8) is repealed. 20 SEC. 10. WATER RIGHTS. 21 (a) IN GENERAL.—Except as provided in the Treaty, 22 nothing in this Act shall affect any water rights, in exist- 23 ence on the date of the enactment of this Act, appurtenant 24 VerDate Sep 11 2014 22:16 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2461.IH H2461 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2461 IH to the lands of the San Juan Paiute Northern Area and 1 the San Juan Paiute Southern Area. 2 (b) TRANSFER OF WATER RIGHTS.—As authorized 3 by article XV of the Treaty, the establishment of the San 4 Juan Southern Paiute Reservation from lands within the 5 Navajo Indian Reservation shall include the transfer of 6 any water rights appurtenant to those lands, including the 7 priority dates associated with such rights. 8 (c) RIGHTS HELD IN TRUST.—The water rights for 9 the San Juan Southern Paiute Reservation shall be held 10 by the United States in trust for the San Juan Southern 11 Paiute Tribe. 12 (d) CLAIMS BY THE UNITED STATES.—The United 13 States, as trustee for the San Juan Southern Paiute 14 Tribe, shall take all necessary steps to quantify the water 15 rights appurtenant to the San Juan Southern Paiute Res- 16 ervation for the benefit of the San Juan Southern Paiute 17 Tribe. 18 (e) WATER RIGHTS FOR THE SAN JUAN PAIUTE 19 NORTHERN AREA.— 20 (1) RIGHT TO WATER SERVICE.—The San Juan 21 Southern Paiute Tribe shall have the right to water 22 service for the San Juan Paiute Northern Area for 23 domestic uses on a pro rata and non-discriminatory 24 basis as described in article XIV of the Treaty. 25 VerDate Sep 11 2014 22:16 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2461.IH H2461 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2461 IH (2) NO OBJECTION BY THE NAVAJO NATION.— 1 The Navajo Nation shall not object to the quan- 2 tification of water rights appurtenant to the San 3 Juan Paiute Northern Area consistent with and lim- 4 ited to the following: 5 (A) The San Juan Southern Paiute Tribe 6 shall have the right to divert all surface waters 7 arising on or flowing across the San Juan Pai- 8 ute Northern Area for any purpose consistent 9 with this Act or the Treaty. 10 (B) The San Juan Southern Paiute Tribe 11 shall have the right to pump groundwater be- 12 neath the San Juan Paiute Northern Area for 13 domestic or stock-watering uses. 14 (f) LAWFUL USES.—The San Juan Southern Paiute 15 Tribe and the Navajo Nation shall not object to uses of 16 water consistent with the rights decreed to either Tribe. 17 (g) ACCOUNTING.—The United States, on behalf of 18 the San Juan Southern Paiute Tribe, shall provide the 19 Navajo Nation with an annual accounting of the deple- 20 tions associated with the use of water on the San Juan 21 Paiute Northern Area, and the depletions associated with 22 those uses shall be accounted for as a depletion by the 23 Navajo Nation for purposes of depletion accounting. 24 VerDate Sep 11 2014 22:16 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2461.IH H2461 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2461 IH (h) WATER RIGHTS FOR THE SAN JUAN PAIUTE 1 SOUTHERN AREA.—Until the water rights to the San 2 Juan Paiute Southern Area are adjudicated, the San Juan 3 Southern Paiute Tribe shall limit its water use on the San 4 Juan Paiute Southern Area to no more than 300 acre- 5 feet annually from a combination of groundwater and 6 water from springs and washes. 7 SEC. 11. PUBLICATION; JURISDICTION. 8 (a) PUBLICATION.—In accordance with article VI of 9 the Treaty, the Secretary shall publish in the Federal Reg- 10 ister separate notices of completion of fencing or boundary 11 marking upon completion of fencing or boundary marking 12 of— 13 (1) the San Juan Northern Area; and 14 (2) the San Juan Southern Area. 15 (b) JURISDICTION.—Upon publication in the Federal 16 Register under either subsection (a)(1) or subsection 17 (a)(2)— 18 (1) the San Juan Southern Paiute Tribe shall 19 have full jurisdiction over all matters within that 20 area of the San Juan Southern Paiute Reservation 21 to the fullest extent permitted by Federal law; and 22 (2) the Navajo Nation shall no longer have ju- 23 risdiction over matters occurring within that area of 24 the San Juan Southern Paiute Reservation except as 25 VerDate Sep 11 2014 22:16 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2461.IH H2461 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 2461 IH agreed to by the Navajo Nation and the San Juan 1 Southern Paiute Tribe. 2 SEC. 12. CONSTRUCTION OF LAW. 3 The San Juan Southern Paiute Tribe shall— 4 (1) be recognized as a Tribe of Indians within 5 the purview of the Act of June 18, 1934, as amend- 6 ed (25 U.S.C. 5101 et seq.); and 7 (2) be subject to all of the provisions thereof. 8 Æ VerDate Sep 11 2014 22:16 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H2461.IH H2461 pbinns on DSKJLVW7X2P [Text truncated for display. Full text available on Congress.gov.]