[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4104 Enrolled Bill (ENR)]
S.4104
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
An Act
To approve the settlement of water rights claims of the Hualapai Tribe
and certain allottees in the State of Arizona, to authorize construction
of a water project relating to those water rights claims, 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 ``Hualapai Tribe Water Rights
Settlement Act of 2022''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to resolve, fully and finally, all claims to rights to
water in the State, including the Verde River, the Bill Williams
River, and the Colorado River, of--
(A) the Hualapai Tribe, on behalf of the Hualapai Tribe and
the members of the Hualapai Tribe; and
(B) the United States, acting as trustee for the Hualapai
Tribe, the members of the Hualapai Tribe, and the allottees;
(2) to authorize, ratify, and confirm the Hualapai Tribe water
rights settlement agreement, to the extent that agreement is
consistent with this Act;
(3) to authorize and direct the Secretary to execute and
perform the duties and obligations of the Secretary under the
Hualapai Tribe water rights settlement agreement and this Act; and
(4) to authorize the appropriation of funds necessary to carry
out the Hualapai Tribe water rights settlement agreement and this
Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) 1947 judgment.--The term ``1947 Judgment'' means the
Judgment and the Stipulation and Agreement, including exhibits to
the Judgment and the Stipulation and Agreement, entered on March
13, 1947, in United States v. Santa Fe Pac. R.R. Co., No. E-190 (D.
Ariz.) and attached to the Hualapai Tribe water rights settlement
agreement as Exhibit 3.1.1.
(2) AFY.--The term ``AFY'' means acre-feet per year.
(3) Allotment.--The term ``allotment'' means any of the 4 off-
reservation parcels that are--
(A) held in trust by the United States for individual
Indians in the Big Sandy River basin in Mohave County, Arizona,
under the patents numbered 1039995, 1039996, 1039997, and
1019494; and
(B) identified as Parcels 1A, 1B, 1C, and 2 on the map
attached to the Hualapai Tribe water rights settlement
agreement as Exhibit 3.1.6.
(4) Allottee.--The term ``allottee'' means any Indian owner of
an allotment.
(5) Available cap supply.--The term ``available CAP supply''
means, for any year--
(A) all fourth priority water available for delivery
through the Central Arizona Project;
(B) water available from Central Arizona Project dams and
reservoirs other than the Modified Roosevelt Dam; and
(C) return flows captured by the Secretary for Central
Arizona Project use.
(6) Bill williams act.--The term ``Bill Williams Act'' means
the Bill Williams River Water Rights Settlement Act of 2014 (Public
Law 113-223; 128 Stat. 2096).
(7) Bill williams agreements.--The term ``Bill Williams
agreements'' means the Amended and Restated Big Sandy River-Planet
Ranch Water Rights Settlement Agreement and the Amended and
Restated Hualapai Tribe Bill Williams River Water Rights Settlement
Agreement, including all exhibits to each agreement, copies of
which (excluding exhibits) are attached to the Hualapai Tribe water
rights settlement agreement as Exhibit 3.1.11.
(8) Bill williams river phase 2 enforceability date.--The term
``Bill Williams River Phase 2 Enforceability Date'' means the date
described in section 14(d).
(9) Bill williams river phase 2 water rights settlement
agreement.--The term ``Bill Williams River phase 2 water rights
settlement agreement'' means the agreement of that name that is
attached to, and incorporated in, the Hualapai Tribe water rights
settlement agreement as Exhibit 4.3.3.
(10) Cap contract.--The term ``CAP contract'' means a long-term
contract (as defined in the CAP repayment stipulation) with the
United States for delivery of CAP water through the CAP system.
(11) Cap contractor.--
(A) In general.--The term ``CAP contractor'' means a person
that has entered into a CAP contract.
(B) Inclusion.--The term ``CAP contractor'' includes the
Hualapai Tribe.
(12) Cap fixed om&r charge.--The term ``CAP fixed OM&R charge''
has the meaning given the term ``Fixed OM&R Charge'' in the CAP
repayment stipulation.
(13) Cap m&i priority water.--The term ``CAP M&I priority
water'' means water within the available CAP supply having a
municipal and industrial delivery priority.
(14) Cap nia priority water.--The term ``CAP NIA priority
water'' means water within the available CAP supply having a non-
Indian agricultural delivery priority.
(15) Cap operating agency.--The term ``CAP operating agency''
means--
(A) the 1 or more entities authorized to assume
responsibility for the care, operation, maintenance, and
replacement of the CAP system; and
(B) as of the date of enactment of this Act, the Central
Arizona Water Conservation District.
(16) Cap pumping energy charge.--The term ``CAP pumping energy
charge'' has the meaning given the term ``Pumping Energy Charge''
in the CAP repayment stipulation.
(17) Cap repayment contract.--The term ``CAP repayment
contract'' means--
(A) the contract dated December 1, 1988 (Contract No. 14-
06-W-245, Amendment No. 1), between the United States and the
Central Arizona Water Conservation District for the Delivery of
Water and Repayment of Costs of the Central Arizona Project;
and
(B) any amendment to, or revision of, that contract.
(18) Cap repayment stipulation.--The term ``CAP repayment
stipulation'' means the Stipulated Judgment and the Stipulation for
Judgment, including any exhibits to those documents, entered on
November 21, 2007, in the United States District Court for the
District of Arizona in the consolidated civil action Central
Arizona Water Conservation District v. United States, numbered CIV
95-625-TUC-WDB (EHC) and CIV 95-1720-PHX-EHC.
(19) Cap subcontract.--The term ``CAP subcontract'' means a
long-term subcontract (as defined in the CAP repayment stipulation)
with the United States and the Central Arizona Water Conservation
District for the delivery of CAP water through the CAP system.
(20) Cap subcontractor.--The term ``CAP subcontractor'' means a
person that has entered into a CAP subcontract.
(21) Cap system.--The term ``CAP system'' means--
(A) the Mark Wilmer Pumping Plant;
(B) the Hayden-Rhodes Aqueduct;
(C) the Fannin-McFarland Aqueduct;
(D) the Tucson Aqueduct;
(E) any pumping plant or appurtenant work of a feature
described in subparagraph (A), (B), (C), or (D); and
(F) any extension of, addition to, or replacement for a
feature described in subparagraph (A), (B), (C), (D), or (E).
(22) Cap water.--The term ``CAP water'' has the meaning given
the term ``Project Water'' in the CAP repayment stipulation.
(23) Central arizona project.--The term ``Central Arizona
Project'' means the reclamation project authorized and constructed
by the United States in accordance with title III of the Colorado
River Basin Project Act (43 U.S.C. 1521 et seq.).
(24) Central arizona water conservation district.--The term
``Central Arizona Water Conservation District'' means the political
subdivision of the State that is the contractor under the CAP
repayment contract.
(25) Colorado river compact.--The term ``Colorado River
Compact'' means the Colorado River Compact of 1922, as ratified and
reprinted in article 2 of chapter 7 of title 45, Arizona Revised
Statutes.
(26) Colorado river water entitlement.--The term ``Colorado
River water entitlement'' means the right or authorization to use
Colorado River water in the State through a mainstem contract with
the Secretary pursuant to section 5 of the Boulder Canyon Project
Act (43 U.S.C. 617d).
(27) Diversion.--The term ``diversion'' means an act to divert.
(28) Divert.--The term ``divert'' means to receive, withdraw,
develop, produce, or capture water using--
(A) a ditch, canal, flume, bypass, pipeline, pit,
collection or infiltration gallery, conduit, well, pump,
turnout, dam, or any other mechanical device; or
(B) any other act of man.
(29) Domestic purpose.--
(A) In general.--The term ``domestic purpose'' means any
use relating to the supply, service, or activity of a household
or private residence.
(B) Inclusions.--The term ``domestic purpose'' includes the
application of water to not more than 2 acres of land to
produce a plant or parts of a plant for--
(i) sale or human consumption; or
(ii) use as feed for livestock, range livestock, or
poultry.
(30) Effluent.--The term ``effluent'' means water that--
(A) has been used in the State for domestic, municipal, or
industrial purposes, other than solely for hydropower
generation; and
(B) is available for reuse for any purpose, regardless or
whether the water has been treated to improve the quality of
the water.
(31) Enforceability date.--The term ``Enforceability Date''
means the date described in section 14(a).
(32) Exchange.--The term ``exchange'' means a trade between 1
or more persons of any water for any other water, if each person
has a right or claim to use the water the person provides in the
trade, regardless of whether the water is traded in equal
quantities or other consideration is included in the trade.
(33) Fourth priority water.--The term ``fourth priority water''
means Colorado River water that is available for delivery in the
State for the satisfaction of entitlements--
(A) in accordance with contracts, Secretarial reservations,
perfected rights, and other arrangements between the United
States and water users in the State entered into or established
after September 30, 1968, for use on Federal, State, or
privately owned land in the State, in a total quantity of not
greater than 164,652 AFY of diversions; and
(B) after first providing for the delivery of Colorado
River water for the CAP system, including for use on Indian
land, under section 304(e) of the Colorado River Basin Project
Act (43 U.S.C. 1524(e)), in accordance with the CAP repayment
contract.
(34) Freeport.--
(A) In general.--The term ``Freeport'' means the Delaware
corporation named ``Freeport Minerals Corporation''.
(B) Inclusions.--The term ``Freeport'' includes all
subsidiaries, affiliates, successors, and assigns of Freeport
Minerals Corporation, including Byner Cattle Company, a Nevada
corporation.
(35) Gila river adjudication.--The term ``Gila River
adjudication'' means the action pending in the Superior Court of
the State, in and for the County of Maricopa, In Re the General
Adjudication of All Rights To Use Water In The Gila River System
and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper Gila), W-4 (San
Pedro) (Consolidated).
(36) Gila river adjudication court.--The term ``Gila River
adjudication court'' means the Superior Court of the State, in and
for the County of Maricopa, exercising jurisdiction over the Gila
River adjudication.
(37) Gila river adjudication decree.--The term ``Gila River
adjudication decree'' means the judgment or decree entered by the
Gila River adjudication court in substantially the same form as the
form of judgment attached to the Hualapai Tribe water rights
settlement agreement as Exhibit 3.1.43.
(38) Groundwater.--The term ``groundwater'' means all water
beneath the surface of the Earth within the State that is not--
(A) surface water;
(B) effluent; or
(C) Colorado River water.
(39) Hualapai fee land.--The term ``Hualapai fee land'' means
land, other than Hualapai trust land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of the
Hualapai Reservation or Hualapai trust land; and
(C) as of the Enforceability Date, is owned by the Hualapai
Tribe, including by a tribally owned corporation.
(40) Hualapai land.--The term ``Hualapai land'' means--
(A) the Hualapai Reservation;
(B) Hualapai trust land; and
(C) Hualapai fee land.
(41) Hualapai reservation.--The term ``Hualapai Reservation''
means the land within the exterior boundaries of the Hualapai
Reservation, including--
(A) all land withdrawn by the Executive order dated January
4, 1883, as modified by the May 28, 1942, order of the
Secretary pursuant to the Act of February 20, 1925 (43 Stat.
954, chapter 273);
(B) the land identified by the Executive orders dated
December 22, 1898, May 14, 1900, and June 2, 1911; and
(C) the land added to the Hualapai Reservation by sections
11 and 12.
(42) Hualapai tribe.--The term ``Hualapai Tribe'' means the
Hualapai Tribe, a federally recognized Indian Tribe of Hualapai
Indians organized under section 16 of the Act of June 18, 1934 (25
U.S.C. 5123) (commonly known as the ``Indian Reorganization Act'').
(43) Hualapai tribe cap water.--The term ``Hualapai Tribe CAP
water'' means the 4,000 AFY of the CAP NIA priority water that--
(A) was previously allocated to non-Indian agricultural
entities;
(B) was retained by the Secretary for reallocation to
Indian Tribes in the State pursuant to section
104(a)(1)(A)(iii) of the Central Arizona Project Settlement Act
of 2004 (Public Law 108-451; 118 Stat. 3487); and
(C) is reallocated to the Hualapai Tribe pursuant to
section 13.
(44) Hualapai tribe water delivery contract.--The term
``Hualapai Tribe water delivery contract'' means the contract
entered into in accordance with the Hualapai Tribe water rights
settlement agreement and section 13(c) for the delivery of Hualapai
Tribe CAP water.
(45) Hualapai tribe water rights settlement agreement.--
(A) In general.--The term ``Hualapai Tribe water rights
settlement agreement'' means the agreement, including exhibits,
entitled ``Hualapai Tribe Water Rights Settlement Agreement''
and dated February 11, 2019.
(B) Inclusions.--The term ``Hualapai Tribe water rights
settlement agreement'' includes--
(i) any amendments necessary to make the Hualapai Tribe
water rights settlement agreement consistent with this Act;
and
(ii) any other amendments approved by the parties to
the Hualapai Tribe water rights settlement agreement and
the Secretary.
(46) Hualapai trust land.--The term ``Hualapai trust land''
means land, other than Hualapai fee land, that is--
(A) located--
(i) in the State; and
(ii) outside the exterior boundaries of the Hualapai
Reservation; and
(B) as of the Enforceability Date, held in trust by the
United States for the benefit of the Hualapai Tribe.
(47) Hualapai water project.--The term ``Hualapai Water
Project'' means the project constructed in accordance with section
6(a)(7)(A).
(48) Hualapai water trust fund account.--The term ``Hualapai
Water Trust Fund Account'' means the account established under
section 6(a)(1).
(49) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(50) Injury to water rights.--
(A) In general.--The term ``injury to water rights'' means
any interference with, diminution of, or deprivation of, a
water right under Federal, State, or other law.
(B) Exclusion.--The term ``injury to water rights'' does
not include any injury to water quality.
(51) Lower basin.--The term ``lower basin'' has the meaning
given the term in article II(g) of the Colorado River Compact.
(52) Lower colorado river basin development fund.--The term
``Lower Colorado River Basin Development Fund'' means the fund
established by section 403(a) of the Colorado River Basin Project
Act (43 U.S.C. 1543(a)).
(53) Member.--The term ``member'' means any person duly
enrolled as a member of the Hualapai Tribe.
(54) OM&R.--The term ``OM&R'' means--
(A) any recurring or ongoing activity relating to the day-
to-day operation of a project;
(B) any activity relating to scheduled or unscheduled
maintenance of a project; and
(C) any activity relating to replacing a feature of a
project.
(55) Parcel 1.--The term ``Parcel 1'' means the parcel of land
that is--
(A) depicted as 3 contiguous allotments identified as 1A,
1B, and 1C on the map attached to the Hualapai Tribe water
rights settlement agreement as Exhibit 3.1.6; and
(B) held in trust for certain allottees.
(56) Parcel 2.--The term ``Parcel 2'' means the parcel of land
that is--
(A) depicted as ``Parcel 2'' on the map attached to the
Hualapai Tribe water rights settlement agreement as Exhibit
3.1.6; and
(B) held in trust for certain allottees.
(57) Parcel 3.--The term ``Parcel 3'' means the parcel of land
that is--
(A) depicted as ``Parcel 3'' on the map attached to the
Hualapai Tribe water rights settlement agreement as Exhibit
3.1.6;
(B) held in trust for the Hualapai Tribe; and
(C) part of the Hualapai Reservation pursuant to Executive
Order 1368, dated June 2, 1911.
(58) Party.--The term ``party'' means a person that is a
signatory to the Hualapai Tribe water rights settlement agreement.
(59) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(60) State.--The term ``State'' means the State of Arizona.
(61) Stock watering.--The term ``stock watering'' means the
watering of livestock, range livestock, or poultry.
(62) Surface water.--The term ``surface water'' means all water
in the State that is appropriable under State law.
(63) Truxton basin.--The term ``Truxton Basin'' means the
groundwater aquifer described in the report issued by the United
States Geological Survey entitled ``Groundwater Availability in the
Truxton Basin, Northwestern Arizona'', Scientific Investigations
Report No. 2020-5017-A.
(64) Water.--The term ``water'', when used without a modifying
adjective, means--
(A) groundwater;
(B) surface water;
(C) effluent; and
(D) Colorado River water.
(65) Water right.--The term ``water right'' means any right in
or to groundwater, surface water, effluent, or Colorado River water
under Federal, State, or other law.
SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI TRIBE WATER RIGHTS
SETTLEMENT AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this Act and to the
extent the Hualapai Tribe water rights settlement agreement does
not conflict with this Act, the Hualapai Tribe water rights
settlement agreement is authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Hualapai Tribe water
rights settlement agreement, or to any exhibit attached to the
Hualapai Tribe water rights settlement agreement requiring the
signature of the Secretary, is executed in accordance with this Act
to make the Hualapai Tribe water rights settlement agreement
consistent with this Act, the amendment is authorized, ratified,
and confirmed, to the extent the amendment is consistent with this
Act.
(b) Execution.--
(1) In general.--To the extent the Hualapai Tribe water rights
settlement agreement does not conflict with this Act, the Secretary
shall execute the Hualapai Tribe water rights settlement agreement,
including all exhibits to, or parts of, the Hualapai Tribe water
rights settlement agreement requiring the signature of the
Secretary.
(2) Modifications.--Nothing in this Act prohibits the Secretary
from approving any modification to an appendix or exhibit to the
Hualapai Tribe water rights settlement agreement that is consistent
with this Act, to the extent the modification does not otherwise
require congressional approval under section 2116 of the Revised
Statutes (25 U.S.C. 177) or any other applicable provision of
Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Hualapai Tribe water
rights settlement agreement (including all exhibits to the Hualapai
Tribe water rights settlement agreement requiring the signature of
the Secretary) and this Act, the Secretary shall comply with all
applicable provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing regulations of
that Act; and
(C) all other applicable Federal environmental laws and
regulations.
(2) Compliance.--
(A) In general.--In implementing the Hualapai Tribe water
rights settlement agreement and this Act, the Hualapai Tribe
shall prepare any necessary environmental documents, consistent
with all applicable provisions of--
(i) the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.);
(ii) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(iii) all other applicable Federal environmental laws
and regulations.
(B) Authorizations.--The Secretary shall--
(i) independently evaluate the documentation submitted
under subparagraph (A); and
(ii) be responsible for the accuracy, scope, and
contents of that documentation.
(3) Effect of execution.--The execution of the Hualapai Tribe
water rights settlement agreement by the Secretary under this
section shall not constitute a major action for purposes of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 5. WATER RIGHTS.
(a) Water Rights To Be Held in Trust.--
(1) Hualapai tribe.--The United States shall hold the following
water rights in trust for the benefit of the Hualapai Tribe:
(A) The water rights for the Hualapai Reservation described
in subparagraph 4.2 of the Hualapai Tribe water rights
settlement agreement.
(B) The water rights for Hualapai trust land described in
subparagraph 4.4 of the Hualapai Tribe water rights settlement
agreement.
(C) The water rights described in section 12(e)(2) for any
land taken into trust by the United States for the benefit of
the Hualapai Tribe--
(i) after the Enforceability Date; and
(ii) in accordance with section 12(e)(1).
(D) All Hualapai Tribe CAP water.
(2) Allottees.--The United States shall hold in trust for the
benefit of the allottees all water rights for the allotments
described in subparagraph 4.3.2 of the Hualapai Tribe water rights
settlement agreement.
(b) Forfeiture and Abandonment.--The following water rights shall
not be subject to loss through non-use, forfeiture, abandonment, or
other operation of law:
(1) The water rights for the Hualapai Reservation described in
subparagraph 4.2 of the Hualapai Tribe water rights settlement
agreement.
(2) The water rights for Hualapai trust land described in
subparagraph 4.4 of the Hualapai Tribe water rights settlement
agreement.
(3) Any Colorado River water entitlement purchased by the
Hualapai Tribe wholly or substantially with amounts in the Economic
Development Fund described in section 8.1 of the Amended and
Restated Hualapai Tribe Bill Williams River Water Rights Settlement
Agreement.
(c) Alienation.--Any Colorado River water entitlement purchased by
the Hualapai Tribe wholly or substantially with amounts in the Economic
Development Fund described in section 8.1 of the Amended and Restated
Hualapai Tribe Bill Williams River Water Rights Settlement Agreement
shall be restricted against permanent alienation by the Hualapai Tribe.
(d) Hualapai Tribe Cap Water.--The Hualapai Tribe shall have the
right to divert, use, and store the Hualapai Tribe CAP water in
accordance with section 13.
(e) Colorado River Water Entitlements.--
(1) Uses.--The Hualapai Tribe shall have the right to use any
Colorado River water entitlement purchased by or donated to the
Hualapai Tribe at the location to which the entitlement is
appurtenant on the date on which the entitlement is purchased or
donated.
(2) Storage.--
(A) In general.--Subject to paragraphs (3) and (5), the
Hualapai Tribe may store Colorado River water available under
any Colorado River water entitlement purchased by or donated to
the Hualapai Tribe at underground storage facilities or
groundwater savings facilities located within the State and in
accordance with State law.
(B) Assignments.--The Hualapai Tribe may assign any long-
term storage credits accrued as a result of storage under
subparagraph (A) in accordance with State law.
(3) Transfers.--The Hualapai Tribe may transfer the entitlement
for use or storage under paragraph (1) or (2), respectively, to
another location within the State, including the Hualapai
Reservation, in accordance with the Hualapai Tribe water rights
settlement agreement and all applicable Federal and State laws
governing the transfer of Colorado River water entitlements within
the State.
(4) Leases.--The Hualapai Tribe may lease any Colorado River
water entitlement for use or storage under paragraph (1) or (2),
respectively, to a water user within the State, in accordance with
the Hualapai Tribe water rights settlement agreement and all
applicable Federal and State laws governing the transfer of
Colorado River water entitlements within the State.
(5) Transports.--The Hualapai Tribe, or any person who leases a
Colorado River water entitlement from the Hualapai Tribe under
paragraph (4), may transport Colorado River water available under
the Colorado River water entitlement through the Central Arizona
Project in accordance with all laws of the United States and the
agreements between the United States and the Central Arizona Water
Conservation District governing the use of the Central Arizona
Project to transport water other than CAP water.
(f) Use Off-Reservation.--No water rights to groundwater under the
Hualapai Reservation or Hualapai trust land, or to surface water on the
Hualapai Reservation or Hualapai trust land, may be sold, leased,
transferred, or used outside the boundaries of the Hualapai Reservation
or Hualapai trust land, other than under an exchange.
(g) Groundwater Transportation.--
(1) Fee land.--Groundwater may be transported in accordance
with State law away from Hualapai fee land and away from land
acquired in fee by the Hualapai Tribe, including by a tribally
owned corporation, after the Enforceability Date.
(2) Land added to hualapai reservation.--Groundwater may be
transported in accordance with State law away from land added to
the Hualapai Reservation by sections 11 and 12 to other land within
the Hualapai Reservation.
SEC. 6. HUALAPAI WATER TRUST FUND ACCOUNT; CONSTRUCTION OF HUALAPAI
WATER PROJECT; FUNDING.
(a) Hualapai Water Trust Fund Account.--
(1) Establishment.--The Secretary shall establish a trust fund
account, to be known as the ``Hualapai Water Trust Fund Account'',
to be managed, invested, and distributed by the Secretary and to
remain available until expended, withdrawn, or reverted to the
general fund of the Treasury, consisting of the amounts deposited
in the Hualapai Water Trust Fund Account under paragraph (2),
together with any interest earned on those amounts, for the
purposes of carrying out this Act.
(2) Deposits.--The Secretary shall deposit in the Hualapai
Water Trust Fund Account the amounts made available pursuant to
section 7(a)(1).
(3) Management and interest.--
(A) Management.--On receipt and deposit of funds into the
Hualapai Water Trust Fund Account, the Secretary shall manage,
invest, and distribute all amounts in the Hualapai Water Trust
Fund Account in a manner that is consistent with the investment
authority of the Secretary under--
(i) the first section of the Act of June 24, 1938 (25
U.S.C. 162a);
(ii) the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.); and
(iii) this subsection.
(B) Investment earnings.--In addition to the deposits made
to the Hualapai Water Trust Fund Account under paragraph (2),
any investment earnings, including interest, credited to
amounts held in the Hualapai Water Trust Fund Account are
authorized to be appropriated to be used in accordance with
paragraph (7).
(4) Availability of amounts.--
(A) In general.--Amounts appropriated to, and deposited in,
the Hualapai Water Trust Fund Account, including any investment
earnings, shall be made available to the Hualapai Tribe by the
Secretary beginning on the Enforceability Date, subject to the
requirements of this section.
(B) Use.--Notwithstanding subparagraph (A), amounts
deposited in the Hualapai Water Trust Fund Account shall be
available to the Hualapai Tribe on the date on which the
amounts are deposited for environmental compliance, as provided
in section 8.
(5) Withdrawals.--
(A) Withdrawals under the american indian trust fund
management reform act of 1994.--
(i) In general.--The Hualapai Tribe may withdraw any
portion of the amounts in the Hualapai Water Trust Fund
Account on approval by the Secretary of a Tribal management
plan submitted by the Tribe in accordance with the American
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4001 et seq.).
(ii) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform Act
of 1994 (25 U.S.C. 4001 et seq.), the Tribal management
plan under this subparagraph shall require that the
Hualapai Tribe spend all amounts withdrawn from the
Hualapai Water Trust Fund Account and any investment
earnings accrued through the investments under the Tribal
management plan in accordance with this Act.
(iii) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce the Tribal management
plan under this subparagraph to ensure that amounts
withdrawn by the Hualapai Tribe from the Hualapai Water
Trust Fund Account under clause (i) are used in accordance
with this Act.
(B) Withdrawals under expenditure plan.--
(i) In general.--The Hualapai Tribe may submit to the
Secretary a request to withdraw funds from the Hualapai
Water Trust Fund Account pursuant to an approved
expenditure plan.
(ii) Requirements.--To be eligible to withdraw amounts
under an expenditure plan under this subparagraph, the
Hualapai Tribe shall submit to the Secretary an expenditure
plan for any portion of the Hualapai Water Trust Fund
Account that the Hualapai Tribe elects to withdraw pursuant
to this subparagraph, subject to the condition that the
amounts shall be used for the purposes described in this
Act.
(iii) Inclusions.--An expenditure plan under this
subparagraph shall include a description of the manner and
purpose for which the amounts proposed to be withdrawn from
the Hualapai Water Trust Fund Account will be used by the
Hualapai Tribe, in accordance with paragraph (7).
(iv) Approval.--The Secretary shall approve an
expenditure plan submitted under clause (ii) if the
Secretary determines that the plan--
(I) is reasonable; and
(II) is consistent with, and will be used for, the
purposes of this Act.
(v) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce an expenditure plan
to ensure that amounts disbursed under this subparagraph
are used in accordance with this Act.
(6) Effect.--Nothing in this section gives the Hualapai Tribe
the right to judicial review of a determination of the Secretary
relating to whether to approve a Tribal management plan under
paragraph (5)(A) or an expenditure plan under paragraph (5)(B)
except under subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the ``Administrative
Procedure Act'').
(7) Uses.--Amounts from the Hualapai Water Trust Fund Account
shall be used by the Hualapai Tribe--
(A) to plan, design, construct, and conduct related
activities, including compliance with Federal environmental
laws under section 8, the Hualapai Water Project, which shall
be designed to divert, treat, and convey up to 3,414 AFY of
water from the Colorado River in the lower basin in the State,
including locations on or directly adjacent to the Hualapai
Reservation, for municipal, commercial, and industrial uses on
the Hualapai Reservation;
(B) to perform OM&R on the Hualapai Water Project;
(C) to construct facilities to transport electrical power
to pump water for the Hualapai Water Project;
(D) to construct, repair, and replace such infrastructure
as may be necessary for groundwater wells on the Hualapai
Reservation and to construct infrastructure for delivery and
use of such groundwater on the Hualapai Reservation;
(E) to acquire land, interests in land, and water rights
outside the exterior boundaries of the Hualapai Reservation
that are located in the Truxton Basin;
(F) to reimburse the Hualapai Tribe for any--
(i) planning, design, and engineering costs associated
with the Hualapai Water Project that the Hualapai Tribe
incurs using Tribal funds during the period--
(I) beginning on the date of enactment of this Act;
and
(II) ending on the Enforceability Date; and
(ii) construction costs associated with the Hualapai
Water Project that the Hualapai Tribe incurs using Tribal
funds during the period--
(I) beginning on the date on which the Secretary
issues a record of decision; and
(II) ending on the Enforceability Date; and
(G) to make contributions to the Economic Development Fund
described in section 8.1 of the Amended and Restated Hualapai
Tribe Bill Williams River Water Rights Settlement Agreement for
the purpose of purchasing additional Colorado River water
entitlements and appurtenant land.
(8) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure or investment of any
amounts withdrawn from the Hualapai Water Trust Fund Account by the
Hualapai Tribe under paragraph (5).
(9) Title to infrastructure.--Title to, control over, and
operation of any project constructed using funds from the Hualapai
Water Trust Fund Account shall remain in the Hualapai Tribe.
(10) OM&R.--All OM&R costs of any project constructed using
funds from the Hualapai Water Trust Fund Account shall be the
responsibility of the Hualapai Tribe.
(11) No per capita distributions.--No portion of the Hualapai
Water Trust Fund Account shall be distributed on a per capita basis
to any member of the Hualapai Tribe.
(12) Expenditure reports.--The Hualapai Tribe shall annually
submit to the Secretary an expenditure report describing
accomplishments and amounts spent from use of withdrawals under a
Tribal management plan or an expenditure plan under this Act.
(b) Hualapai Water Settlement Implementation Fund Account.--
(1) Establishment.--There is established in the Treasury of the
United States a nontrust, interest-bearing account, to be known as
the ``Hualapai Water Settlement Implementation Fund Account''
(referred to in this subsection as the ``Implementation Fund
Account'') to be managed and distributed by the Secretary, for use
by the Secretary for carrying out this Act.
(2) Deposits.--The Secretary shall deposit in the
Implementation Fund Account the amounts made available pursuant to
section 7(a)(2).
(3) Uses.--The Implementation Fund Account shall be used by the
Secretary to carry out section 15(c), including for groundwater
monitoring in the Truxton Basin.
(4) Interest.--In addition to the deposits under paragraph (2),
any investment earnings, including interest, credited to amounts
unexpended in the Implementation Fund Account are authorized to be
appropriated to be used in accordance with paragraph (3).
SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorizations.--
(1) Hualapai water trust fund account.--There is authorized to
be appropriated to the Secretary for deposit in the Hualapai Water
Trust Fund Account $312,000,000, to be available until expended,
withdrawn, or reverted to the general fund of the Treasury.
(2) Hualapai water settlement implementation fund account.--
There is authorized to be appropriated to the Secretary for deposit
in the Hualapai Water Settlement Implementation Fund account
established by section 6(b)(1) $5,000,000.
(3) Prohibition.--Notwithstanding any other provision of law,
any amounts made available under paragraph (1) or (2) shall not be
made available from the Reclamation Water Settlements Fund
established by section 10501(a) of the Omnibus Public Land
Management Act of 2009 (43 U.S.C. 407(a)).
(b) Fluctuation in Costs.--
(1) In general.--The amount authorized to be appropriated under
subsection (a)(1) shall be increased or decreased, as appropriate,
by such amounts as may be justified by reason of ordinary
fluctuations in costs occurring after the date of enactment of this
Act, as indicated by the Bureau of Reclamation Construction Cost
Index--Composite Trend.
(2) Construction costs adjustment.--The amount authorized to be
appropriated under subsection (a)(1) shall be adjusted to address
construction cost changes necessary to account for unforeseen
market volatility that may not otherwise be captured by engineering
cost indices as determined by the Secretary, including repricing
applicable to the types of construction and current industry
standards involved.
(3) Repetition.--The adjustment process under this subsection
shall be repeated for each subsequent amount appropriated until the
amount authorized, as adjusted, has been appropriated.
(4) Period of indexing.--The period of indexing adjustment for
any increment of funding shall end on the date on which the funds
are deposited in the Hualapai Water Trust Fund Account.
SEC. 8. ENVIRONMENTAL COMPLIANCE.
(a) In General.--Effective beginning on the date of deposit of
funds in the Hualapai Water Trust Fund Account, the Hualapai Tribe may
commence any environmental, cultural, and historical compliance
activities necessary to implement the Hualapai Tribe water rights
settlement agreement and this Act, including activities necessary to
comply with all applicable provisions of--
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(2) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), including the implementing regulations of that Act;
and
(3) all other applicable Federal environmental or historical
and cultural protection laws and regulations.
(b) No Effect on Outcome.--Nothing in this Act affects or directs
the outcome of any analysis under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal
environmental or historical and cultural protection law.
(c) Compliance Costs.--Any costs associated with the performance of
the compliance activities under subsection (a) shall be paid from funds
deposited in the Hualapai Water Trust Fund Account, subject to the
condition that any costs associated with the performance of Federal
approval or other review of such compliance work or costs associated
with inherently Federal functions shall remain the responsibility of
the Secretary.
(d) Record of Decision.--Construction of the Hualapai Water Project
shall not commence until the Secretary issues a record of decision
after completion of an environmental impact statement for the Hualapai
Water Project.
(e) Construction Costs.--Any costs of construction incurred by the
Hualapai Tribe during the period beginning on the date on which the
Secretary issues a record of decision and ending on the Enforceability
Date shall be paid by the Hualapai Tribe and not from funds deposited
in the Hualapai Water Trust Fund Account, subject to the condition
that, pursuant to section 6(a)(7)(F), the Hualapai Tribe may be
reimbursed after the Enforceability Date from the Hualapai Water Trust
Fund Account for any such costs of construction incurred by the
Hualapai Tribe prior to the Enforceability Date.
SEC. 9. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.
(a) Waivers and Releases of Claims by the Hualapai Tribe.--
(1) Claims against the state and others.--
(A) In general.--Except as provided in subparagraph (C),
the Hualapai Tribe, on behalf of the Hualapai Tribe and the
members of the Hualapai Tribe (but not members in the capacity
of the members as allottees) and the United States, acting as
trustee for the Hualapai Tribe and the members of the Hualapai
Tribe (but not members in the capacity of the members as
allottees), as part of the performance of the respective
obligations of the Hualapai Tribe and the United States under
the Hualapai Tribe water rights settlement agreement and this
Act, are authorized to execute a waiver and release of any
claims against the State (or any agency or political
subdivision of the State) and any other individual, entity,
corporation, or municipal corporation under Federal, State, or
other law for all--
(i) past, present, and future claims for water rights,
including rights to Colorado River water, for Hualapai
land, arising from time immemorial and, thereafter,
forever;
(ii) past, present, and future claims for water rights,
including rights to Colorado River water, arising from time
immemorial and, thereafter, forever, that are based on the
aboriginal occupancy of land by the Hualapai Tribe, the
predecessors of the Hualapai Tribe, the members of the
Hualapai Tribe, or predecessors of the members of the
Hualapai Tribe;
(iii) past and present claims for injury to water
rights, including injury to rights to Colorado River water,
for Hualapai land, arising from time immemorial through the
Enforceability Date;
(iv) past, present, and future claims for injury to
water rights, including injury to rights to Colorado River
water, arising from time immemorial and, thereafter,
forever, that are based on the aboriginal occupancy of land
by the Hualapai Tribe, the predecessors of the Hualapai
Tribe, the members of the Hualapai Tribe, or predecessors
of the members of the Hualapai Tribe;
(v) claims for injury to water rights, including injury
to rights to Colorado River water, arising after the
Enforceability Date, for Hualapai land, resulting from the
off-reservation diversion or use of surface water, Colorado
River water, or effluent in a manner not in violation of
the Hualapai Tribe water rights settlement agreement or
State law;
(vi) past, present, and future claims arising out of,
or relating in any manner to, the negotiation, execution,
or adoption of the Hualapai Tribe water rights settlement
agreement, any judgment or decree approving or
incorporating the Hualapai Tribe water rights settlement
agreement, or this Act;
(vii) claims for water rights of the Hualapai Tribe or
the United States, acting as trustee for the Hualapai Tribe
and members of the Hualapai Tribe, with respect to Parcel
3, in excess of 300 AFY;
(viii) claims for injury to water rights arising after
the Enforceability Date for Hualapai land resulting from
the off-reservation diversion or use of groundwater from--
(I) any well constructed outside of the Truxton
Basin on or before the date of enactment of this Act;
(II) any well constructed outside of the Truxton
Basin, and not more than 2 miles from the exterior
boundaries of the Hualapai Reservation, after the date
of enactment of this Act if--
(aa) the well was constructed to replace a well
in existence on the date of enactment of this Act;
(bb) the replacement well was constructed
within 660 feet of the well being replaced; and
(cc) the pumping capacity and case diameter of
the replacement well do not exceed the pumping
capacity and case diameter of the well being
replaced; or
(III) any well constructed outside the Truxton
Basin, and not less than 2 miles from the exterior
boundaries of the Hualapai Reservation, after the date
of enactment of this Act, subject to the condition that
the authorizations and restrictions regarding the
location, size, and operation of wells in the Bill
Williams River watershed set forth in the Bill Williams
agreements and the Bill Williams Act, and the waivers
of claims in the Bill Williams agreements and the Bill
Williams Act, shall continue to apply to the parties to
the Bill Williams agreements, notwithstanding the
provisions of this subsection; and
(ix) claims for injury to water rights arising after
the Enforceability Date, for Hualapai land, resulting from
the off-reservation diversion or use of groundwater in the
Truxton Basin from--
(I) any well constructed within the Truxton Basin
for domestic purposes or stock watering--
(aa) on or before the date on which the
Secretary provides written notice to the State
pursuant to section 15(c)(2); or
(bb) after the date on which the Secretary
provides written notice to the State pursuant to
that section if--
(AA) the well was constructed to replace a
well in existence on the date on which the
notice was provided;
(BB) the replacement well was constructed
within 660 feet of the well being replaced; and
(CC) the pumping capacity and case diameter
of the replacement well do not exceed the
pumping capacity and case diameter of the well
being replaced; and
(II) any well constructed within the Truxton Basin
for purposes other than domestic purposes or stock
watering--
(aa) on or before the date of enactment of this
Act;
(bb) after the date of enactment of this Act if
the Secretary has not provided written notice to
the State pursuant to section 15(c)(2); or
(cc) after the date of enactment of this Act if
the Secretary has provided written notice to the
State pursuant to section 15(c)(2) and if--
(AA) the well was constructed to replace a
well in existence on the on which date the
notice was provided;
(BB) the replacement well was constructed
within 660 feet of the well being replaced; and
(CC) the pumping capacity and case diameter
of the replacement well do not exceed the
pumping capacity and case diameter of the well
being replaced.
(B) Effective date.--The waiver and release of claims
described in subparagraph (A) shall take effect on the
Enforceability Date.
(C) Reservation of rights and retention of claims.--
Notwithstanding the waiver and release of claims described in
subparagraph (A), the Hualapai Tribe, acting on behalf of the
Hualapai Tribe and the members of the Hualapai Tribe, and the
United States, acting as trustee for the Hualapai Tribe and the
members of the Hualapai Tribe (but not members in the capacity
of the members as allottees), shall retain any right--
(i) subject to subparagraph 12.7 of the Hualapai Tribe
water rights settlement agreement, to assert claims for
injuries to, and seek enforcement of, the rights of the
Hualapai Tribe under the Hualapai Tribe water rights
settlement agreement or this Act in any Federal or State
court of competent jurisdiction;
(ii) to assert claims for injuries to, and seek
enforcement of, the rights of the Hualapai Tribe under any
judgment or decree approving or incorporating the Hualapai
Tribe water rights settlement agreement;
(iii) to assert claims for water rights based on State
law for land owned or acquired by the Hualapai Tribe in
fee, under subparagraph 4.8 of the Hualapai Tribe water
rights settlement agreement;
(iv) to object to any claims for water rights or injury
to water rights by or for any Indian Tribe or the United
States, acting on behalf of any Indian Tribe;
(v) to assert past, present, or future claims for
injury to water rights against any Indian Tribe or the
United States, acting on behalf of any Indian Tribe;
(vi) to assert claims for injuries to, and seek
enforcement of, the rights of the Hualapai Tribe under the
Bill Williams agreements or the Bill Williams Act in any
Federal or State court of competent jurisdiction;
(vii) subject to paragraphs (1), (3), (4), and (5) of
section 5(e), to assert the rights of the Hualapai Tribe
under any Colorado River water entitlement purchased by or
donated to the Hualapai Tribe; and
(viii) to assert claims for injury to water rights
arising after the Enforceability Date for Hualapai land
resulting from any off-reservation diversion or use of
groundwater, without regard to quantity, from--
(I) any well constructed after the date of
enactment of this Act outside of the Truxton Basin and
not more than 2 miles from the exterior boundaries of
the Hualapai Reservation, except a replacement well
described in subparagraph (A)(viii)(II), subject to the
authorizations and restrictions regarding the location,
size, and operation of wells in the Bill Williams River
watershed, and the waivers of claims, set forth in the
Bill Williams agreements and the Bill Williams Act;
(II) any well constructed within the Truxton Basin
for domestic purposes or stock watering after the date
on which the Secretary has provided written notice to
the State pursuant to section 15(c)(2), except for a
replacement well described in subparagraph
(A)(ix)(I)(bb); and
(III) any well constructed within the Truxton Basin
for purposes other than domestic purposes or stock
watering after the date of enactment of this Act, if
the Secretary has provided notice to the State pursuant
to section 15(c)(2), except for a replacement well as
described in subparagraph (A)(ix)(II)(cc).
(2) Claims against united states.--
(A) In general.--Except as provided in subparagraph (C),
the Hualapai Tribe, acting on behalf of the Hualapai Tribe and
the members of the Hualapai Tribe (but not members in the
capacity of the members as allottees) as part of the
performance of the obligations of the Hualapai Tribe under the
Hualapai Tribe water rights settlement agreement and this Act,
is authorized to execute a waiver and release of all claims
against the United States, including agencies, officials, and
employees of the United States, under Federal, State, or other
law for all--
(i) past, present, and future claims for water rights,
including rights to Colorado River water, for Hualapai
land, arising from time immemorial and, thereafter,
forever;
(ii) past, present, and future claims for water rights,
including rights to Colorado River water, arising from time
immemorial and, thereafter, forever, that are based on the
aboriginal occupancy of land by the Hualapai Tribe, the
predecessors of the Hualapai Tribe, the members of the
Hualapai Tribe, or predecessors of the members of the
Hualapai Tribe;
(iii) past and present claims relating in any manner to
damages, losses, or injury to water rights (including
injury to rights to Colorado River water), land, or other
resources due to loss of water or water rights (including
damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water or water
rights, claims relating to interference with, diversion, or
taking of water, or claims relating to the failure to
protect, acquire, or develop water, water rights, or water
infrastructure) within the State that first accrued at any
time prior to the Enforceability Date;
(iv) past and present claims for injury to water
rights, including injury to rights to Colorado River water,
for Hualapai land, arising from time immemorial through the
Enforceability Date;
(v) past, present, and future claims for injury to
water rights, including injury to rights to Colorado River
water, arising from time immemorial and, thereafter,
forever, that are based on the aboriginal occupancy of land
by the Hualapai Tribe, the predecessors of the Hualapai
Tribe, the members of the Hualapai Tribe, or predecessors
of the members of the Hualapai Tribe;
(vi) claims for injury to water rights, including
injury to rights to Colorado River water, arising after the
Enforceability Date for Hualapai land, resulting from the
off-reservation diversion or use of surface water, Colorado
River water, or effluent in a manner not in violation of
the Hualapai Tribe water rights settlement agreement or
State law;
(vii) past, present, and future claims arising out of,
or relating in any manner to, the negotiation, execution,
or adoption of the Hualapai Tribe water rights settlement
agreement, any judgment or decree approving or
incorporating the Hualapai Tribe water rights settlement
agreement, or this Act;
(viii) claims for injury to water rights arising after
the Enforceability Date for Hualapai land resulting from
the off-Reservation diversion or use of groundwater from--
(I) any well constructed on public domain land
outside of the Truxton Basin on or before the date of
enactment of this Act;
(II) any well constructed on public domain land
outside of the Truxton Basin, and not more than 2 miles
from the exterior boundaries of the Hualapai
Reservation, after the date of enactment of this Act
if--
(aa) the well was constructed to replace a well
in existence on the date of enactment of this Act;
(bb) the replacement well was constructed
within 660 feet of the well being replaced; and
(cc) the pumping capacity and case diameter of
the replacement well do not exceed the pumping
capacity and case diameter of the well being
replaced; or
(III) any well constructed on public domain land
outside of the Truxton Basin, and not less than 2 miles
from the exterior boundaries of the Hualapai
Reservation, after the date of enactment of this Act,
subject to the condition that the authorizations and
restrictions regarding the location, size, and
operation of wells in the Bill Williams River watershed
set forth in the Bill Williams agreements and the Bill
Williams Act, and the waivers of claims in the Bill
Williams agreements and the Bill Williams Act, shall
continue to apply to the parties to the Bill Williams
agreements, notwithstanding the provisions of this
subsection; and
(ix) claims for injury to water rights arising after
the Enforceability Date for Hualapai land resulting from
the off-reservation diversion or use of groundwater in the
Truxton Basin from--
(I) any well constructed on public domain land
within the Truxton Basin for domestic purposes or stock
watering--
(aa) on or before the date on which the
Secretary provides written notice to the State
pursuant to section 15(c)(2); or
(bb) after the date on which the Secretary
provides written notice to the State pursuant to
that section if--
(AA) the well was constructed to replace a
well in existence on the date on which the
notice was provided;
(BB) the replacement well was constructed
within 660 feet of the well being replaced; and
(CC) the pumping capacity and case diameter
of the replacement well do not exceed the
pumping capacity and case diameter of the well
being replaced; and
(II) any well constructed on public domain land
within the Truxton Basin for purposes other than
domestic purposes or stock watering--
(aa) on or before the date of enactment of this
Act;
(bb) after the date of enactment of this Act if
the Secretary has not provided written notice to
the State pursuant to section 15(c)(2); or
(cc) after the date of enactment of this Act if
the Secretary has provided written notice to the
State pursuant to section 15(c)(2) and if--
(AA) the well was constructed to replace a
well in existence on the date on which the
notice was provided;
(BB) the replacement well was constructed
within 660 feet of the well being replaced; and
(CC) the pumping capacity and case diameter
of the replacement well do not exceed the
pumping capacity and case diameter of the well
being replaced.
(B) Effective date.--The waiver and release of claims
described in subparagraph (A) shall take effect on the
Enforceability Date.
(C) Retention of claims.--Notwithstanding the waiver and
release of claims described in subparagraph (A), the Hualapai
Tribe and the members of the Hualapai Tribe (but not members in
the capacity of the members as allottees) shall retain any
right--
(i) subject to subparagraph 12.7 of the Hualapai Tribe
water rights settlement agreement, to assert claims for
injuries to, and seek enforcement of, the rights of the
Hualapai Tribe under the Hualapai Tribe water rights
settlement agreement or this Act in any Federal or State
court of competent jurisdiction;
(ii) to assert claims for injuries to, and seek
enforcement of, the rights of the Hualapai Tribe under any
judgment or decree approving or incorporating the Hualapai
Tribe water rights settlement agreement;
(iii) to assert claims for water rights based on State
law for land owned or acquired by the Hualapai Tribe in fee
under subparagraph 4.8 of the Hualapai Tribe water rights
settlement agreement;
(iv) to object to any claims for water rights or injury
to water rights by or for any Indian Tribe or the United
States, acting on behalf of any Indian Tribe;
(v) to assert past, present, or future claims for
injury to water rights against any Indian Tribe or the
United States, acting on behalf of any Indian Tribe;
(vi) to assert claims for injuries to, and seek
enforcement of, the rights of the Hualapai Tribe under the
Bill Williams agreements or the Bill Williams Act in any
Federal or State court of competent jurisdiction;
(vii) subject to paragraphs (1), (3), (4), and (5) of
section 5(e), to assert the rights of the Hualapai Tribe
under any Colorado River water entitlement purchased by or
donated to the Hualapai Tribe; and
(viii) to assert any claims for injury to water rights
arising after the Enforceability Date for Hualapai land
resulting from any off-reservation diversion or use of
groundwater, without regard to quantity, from--
(I) any well constructed after the date of
enactment of this Act on public domain land outside of
the Truxton Basin and not more than 2 miles from the
exterior boundaries of the Hualapai Reservation, except
for a replacement well described in subparagraph
(A)(viii)(II), subject to the authorizations and
restrictions regarding the location, size, and
operation of wells in the Bill Williams River
watershed, and the waivers of claims, set forth in the
Bill Williams agreements and the Bill Williams Act;
(II) any well constructed on public domain land
within the Truxton Basin for domestic purposes or stock
watering after the date on which the Secretary has
provided written notice to the State pursuant to
section 15(c)(2), except for a replacement well
described in subparagraph (A)(ix)(I)(bb); and
(III) any well constructed on public domain land
within the Truxton Basin for purposes other than
domestic purposes or stock watering after the date of
enactment of this Act, if the Secretary has provided
notice to the State pursuant to section 15(c)(2),
except for a replacement well as described in
subparagraph (A)(ix)(II)(cc).
(b) Waivers and Releases of Claims by United States, Acting as
Trustee for Allottees.--
(1) In general.--Except as provided in paragraph (3), the
United States, acting as trustee for the allottees of the Hualapai
Tribe, as part of the performance of the obligations of the United
States under the Hualapai Tribe water rights settlement agreement
and this Act, is authorized to execute a waiver and release of any
claims against the State (or any agency or political subdivision of
the State), the Hualapai Tribe, and any other individual, entity,
corporation, or municipal corporation under Federal, State, or
other law, for all--
(A) past, present, and future claims for water rights,
including rights to Colorado River water, for the allotments,
arising from time immemorial and, thereafter, forever;
(B) past, present, and future claims for water rights,
including rights to Colorado River water, arising from time
immemorial and, thereafter, forever, that are based on the
aboriginal occupancy of land by the allottees or predecessors
of the allottees;
(C) past and present claims for injury to water rights,
including injury to rights to Colorado River water, for the
allotments, arising from time immemorial through the
Enforceability Date;
(D) past, present, and future claims for injury to water
rights, if any, including injury to rights to Colorado River
water, arising from time immemorial and, thereafter, forever,
that are based on the aboriginal occupancy of land by the
allottees or predecessors of the allottees;
(E) claims for injury to water rights, including injury to
rights to Colorado River water, arising after the
Enforceability Date, for the allotments, resulting from the
off-reservation diversion or use of water in a manner not in
violation of the Hualapai Tribe water rights settlement
agreement or State law;
(F) past, present, and future claims arising out of, or
relating in any manner to, the negotiation, execution, or
adoption of the Hualapai Tribe water rights settlement
agreement, any judgment or decree approving or incorporating
the Hualapai Tribe water rights settlement agreement, or this
Act; and
(G) claims for any water rights of the allottees or the
United States acting as trustee for the allottees with respect
to--
(i) Parcel 1, in excess of 82 AFY; or
(ii) Parcel 2, in excess of 312 AFY.
(2) Effective date.--The waiver and release of claims under
paragraph (1) shall take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1), the United States,
acting as trustee for the allottees of the Hualapai Tribe, shall
retain any right--
(A) subject to subparagraph 12.7 of the Hualapai Tribe
water rights settlement agreement, to assert claims for
injuries to, and seek enforcement of, the rights of the
allottees, if any, under the Hualapai Tribe water rights
settlement agreement or this Act in any Federal or State court
of competent jurisdiction;
(B) to assert claims for injuries to, and seek enforcement
of, the rights of the allottees under any judgment or decree
approving or incorporating the Hualapai Tribe water rights
settlement agreement;
(C) to object to any claims for water rights or injury to
water rights by or for--
(i) any Indian Tribe other than the Hualapai Tribe; or
(ii) the United States, acting on behalf of any Indian
Tribe other than the Hualapai Tribe;
(D) to assert past, present, or future claims for injury to
water rights against--
(i) any Indian Tribe other than the Hualapai Tribe; or
(ii) the United States, acting on behalf of any Indian
Tribe other than the Hualapai Tribe; and
(E) to assert claims for injuries to, and seek enforcement
of, the rights of the allottees under the Bill Williams
agreements or the Bill Williams Act in any Federal or State
court of competent jurisdiction.
(c) Waiver and Release of Claims by United States Against Hualapai
Tribe.--
(1) In general.--Except as provided in paragraph (3), the
United States, in all capacities (except as trustee for an Indian
Tribe other than the Hualapai Tribe), as part of the performance of
the obligations of the United States under the Hualapai Tribe water
rights settlement agreement and this Act, is authorized to execute
a waiver and release of all claims against the Hualapai Tribe, the
members of the Hualapai Tribe, or any agency, official, or employee
of the Hualapai Tribe, under Federal, State or any other law for
all--
(A) past and present claims for injury to water rights,
including injury to rights to Colorado River water, resulting
from the diversion or use of water on Hualapai land arising
from time immemorial through the Enforceability Date;
(B) claims for injury to water rights, including injury to
rights to Colorado River water, arising after the
Enforceability Date, resulting from the diversion or use of
water on Hualapai land in a manner that is not in violation of
the Hualapai Tribe water rights settlement agreement or State
law; and
(C) past, present, and future claims arising out of, or
related in any manner to, the negotiation, execution, or
adoption of the Hualapai Tribe water rights settlement
agreement, any judgment or decree approving or incorporating
the Hualapai Tribe water rights settlement agreement, or this
Act.
(2) Effective date.--The waiver and release of claims under
paragraph (1) shall take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1), the United States
shall retain any right to assert any claim not expressly waived in
accordance with that paragraph, including any right to assert a
claim for injury to, and seek enforcement of, any right of the
United States under the Bill Williams agreements or the Bill
Williams Act, in any Federal or State court of competent
jurisdiction.
(d) Bill Williams River Phase 2 Water Rights Settlement Agreement
Waiver, Release, and Retention of Claims.--
(1) Claims against freeport.--
(A) In general.--Except as provided in subparagraph (C),
the United States, acting solely on behalf of the Department of
the Interior (including the Bureau of Land Management and the
United States Fish and Wildlife Service), as part of the
performance of the obligations of the United States under the
Bill Williams River phase 2 water rights settlement agreement,
is authorized to execute a waiver and release of all claims of
the United States against Freeport under Federal, State, or any
other law for--
(i) any past or present claim for injury to water
rights resulting from--
(I) the diversion or use of water by Freeport
pursuant to the water rights described in Exhibit
4.1(ii) to the Bill Williams River phase 2 water rights
settlement agreement; and
(II) any other diversion or use of water for mining
purposes authorized by the Bill Williams River phase 2
water rights settlement agreement;
(ii) any claim for injury to water rights arising after
the Bill Williams River Phase 2 Enforceability Date
resulting from--
(I) the diversion or use of water by Freeport
pursuant to the water rights described in Exhibit
4.1(ii) to the Bill Williams River phase 2 water rights
settlement agreement in a manner not in violation of
the Bill Williams River phase 2 water rights settlement
agreement;
(II) the diversion of up to 2,500 AFY of water by
Freeport from Sycamore Creek as permitted by section
4.3(iv) of the Bill Williams River phase 2 water rights
settlement agreement; and
(III) any other diversion or use of water by
Freeport authorized by the Bill Williams River phase 2
water rights settlement agreement, subject to the
condition that such a diversion and use of water is
conducted in a manner not in violation of the Bill
Williams River phase 2 water rights settlement
agreement; and
(iii) any past, present, or future claim arising out
of, or relating in any manner to, the negotiation or
execution of the Bill Williams River phase 2 water rights
settlement agreement, the Hualapai Tribe water rights
settlement agreement, or this Act.
(B) Effective date.--The waiver and release of claims under
subparagraph (A) shall take effect on the Bill Williams River
Phase 2 Enforceability Date.
(C) Retention of claims.--The United States shall retain
all rights not expressly waived in the waiver and release of
claims under subparagraph (A), including, subject to section
6.4 of the Bill Williams River phase 2 water rights settlement
agreement, the right to assert a claim for injury to, and seek
enforcement of, the Bill Williams River phase 2 water rights
settlement agreement or this Act, in any Federal or State court
of competent jurisdiction (but not a Tribal court).
(2) No precedential effect.--
(A) Pending and future proceedings.--The Bill Williams
River phase 2 water rights settlement agreement shall have no
precedential effect in any other administrative or judicial
proceeding, including--
(i) any pending or future general stream adjudication,
or any other litigation involving Freeport or the United
States, including any proceeding to establish or quantify a
Federal reserved water right;
(ii) any pending or future administrative or judicial
proceeding relating to an application--
(I) to appropriate water (for instream flow or
other purposes);
(II) to sever and transfer a water right;
(III) to change a point of diversion; or
(IV) to change a place of use for any water right;
and
(iii) any proceeding regarding water rights or a claim
relating to any Federal land.
(B) No methodology or standard.--Nothing in the Bill
Williams River phase 2 water rights settlement agreement
establishes any standard or methodology to be used for the
quantification of any claim to water rights (whether based on
Federal or State law) in any judicial or administrative
proceeding, other than a proceeding to enforce the terms of the
Bill Williams River phase 2 water rights settlement agreement.
SEC. 10. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.
(a) Hualapai Tribe and Members.--
(1) In general.--The benefits realized by the Hualapai Tribe
and the members of the Hualapai Tribe (but not members in the
capacity of the members as allottees) under the Hualapai Tribe
water rights settlement agreement, this Act, the Bill Williams
agreements, and the Bill Williams Act shall be in full satisfaction
of all claims of the Hualapai Tribe, the members of the Hualapai
Tribe, and the United States, acting in the capacity of the United
States as trustee for the Hualapai Tribe and the members of the
Hualapai Tribe, for water rights and injury to water rights under
Federal, State, or other law with respect to Hualapai land.
(2) Satisfaction.--Any entitlement to water of the Hualapai
Tribe and the members of the Hualapai Tribe (but not members in the
capacity of the members as allottees) or the United States, acting
in the capacity of the United States as trustee for the Hualapai
Tribe and the members of the Hualapai Tribe (but not members in the
capacity of the members as allottees), for Hualapai land shall be
satisfied out of the water resources and other benefits granted,
confirmed, quantified, or recognized by the Hualapai Tribe water
rights settlement agreement, this Act, the Bill Williams
agreements, and the Bill Williams Act to or for the Hualapai Tribe,
the members of the Hualapai Tribe (but not members in the capacity
of the members as allottees), and the United States, acting in the
capacity of the United States as trustee for the Hualapai Tribe and
the members of the Hualapai Tribe (but not members in the capacity
of the members as allottees).
(b) Allottee Water Claims.--
(1) In general.--The benefits realized by the allottees of the
Hualapai Tribe under the Hualapai Tribe water rights settlement
agreement, this Act, the Bill Williams agreements, and the Bill
Williams Act shall be in complete replacement of and substitution
for, and full satisfaction of, all claims with respect to
allotments of the allottees and the United States, acting in the
capacity of the United States as trustee for the allottees, for
water rights and injury to water rights under Federal, State, or
other law.
(2) Satisfaction.--Any entitlement to water of the allottees or
the United States, acting in the capacity of the United States as
trustee for the allottees, for allotments shall be satisfied out of
the water resources and other benefits granted, confirmed, or
recognized by the Hualapai Tribe water rights settlement agreement,
this Act, the Bill Williams agreements, and the Bill Williams Act
to or for the allottees and the United States, acting as trustee
for the allottees.
(c) Effect.--Notwithstanding subsections (a) and (b), nothing in
this Act or the Hualapai Tribe water rights settlement agreement--
(1) recognizes or establishes any right of a member of the
Hualapai Tribe or an allottee to water on Hualapai land; or
(2) prohibits the Hualapai Tribe or an allottee from acquiring
additional water rights by purchase of land, credits, or water
rights.
SEC. 11. LAND ADDED TO HUALAPAI RESERVATION.
The following land in the State is added to the Hualapai
Reservation:
(1) Public law 93-560.--The land held in trust by the United
States for the Hualapai Tribe pursuant to the first section of
Public Law 93-560 (88 Stat. 1820).
(2) 1947 judgment.--The land deeded to the United States in the
capacity of the United States as trustee for the Hualapai Tribe
pursuant to the 1947 judgment.
(3) Truxton triangle.--That portion of the S\1/2\ sec. 3, lying
south of the south boundary of the Hualapai Reservation and north
of the north right-of-way boundary of Arizona Highway 66, and
bounded by the west section line of that sec. 3 and the south
section line of that sec. 3, T. 24 N., R. 12 W., Gila and Salt
River Base and Meridian, Mohave County, Arizona.
(4) Hunt parcel 4.--SW\1/4\NE\1/4\ sec. 7, T. 25 N., R. 13 W.,
Gila and Salt River Base and Meridian, Mohave County, Arizona.
(5) Hunt parcels 1 and 2.--In T. 26 N., R. 14 W., Gila and Salt
River Base and Meridian, Mohave County, Arizona--
(A) NE\1/4\SW\1/4\ sec. 9; and
(B) NW\1/4\SE\1/4\ sec. 27.
(6) Hunt parcel 3.--SW\1/4\NE\1/4\ sec. 25, T. 27 N., R. 15 W.,
Gila and Salt River Base and Meridian, Mohave County, Arizona.
(7) Hunt parcel 5.--In sec. 1, T. 25 N., R. 14 W., Gila and
Salt River Base and Meridian, Mohave County, Arizona--
(A) SE\1/4\;
(B) E\1/2\SW\1/4\; and
(C) SW\1/4\SW\1/4\.
(8) Valentine cemetery parcel.--W\1/2\NW\1/4\SW\1/4\ sec. 22,
T. 23 N., R. 13 W., Gila and Salt River Base and Meridian, Mohave
County, Arizona, excepting and reserving to the United States a
right-of-way for ditches or canals constructed by the authority of
the United States, pursuant to the Act of August 30, 1890 (43
U.S.C. 945).
SEC. 12. TRUST LAND.
(a) Land To Be Taken Into Trust.--
(1) In general.--On the date of enactment of this Act, the
Secretary is authorized and directed to take legal title to the
land described in paragraph (2) and hold such land in trust for the
benefit of the Hualapai Tribe.
(2) Cholla canyon ranch parcels.--The land referred to in
paragraph (1) is, in T. 16 N., R. 13 W., Gila and Salt River Base
and Meridian, Mohave County, Arizona--
(A) SW\1/4\ sec. 25; and
(B) NE\1/4\ and NE\1/4\ SE\1/4\ sec. 35.
(b) Reservation Status.--The land taken into trust under subsection
(a) shall be part of the Hualapai Reservation and administered in
accordance with the laws and regulations generally applicable to land
held in trust by the United States for an Indian Tribe.
(c) Valid Existing Rights.--The land taken into trust under
subsection (a) shall be subject to valid existing rights, including
easements, rights-of-way, contracts, and management agreements.
(d) Limitations.--Nothing in subsection (a) affects--
(1) any water right of the Hualapai Tribe in existence under
State law before the date of enactment of this Act; or
(2) any right or claim of the Hualapai Tribe to any land or
interest in land in existence before the date of enactment of this
Act.
(e) Future Trust Land.--
(1) New statutory requirement.--Effective beginning on the date
of enactment of this Act, and except as provided in subsection (a),
any land located in the State outside the exterior boundaries of
the Hualapai Reservation may only be taken into trust by the United
States for the benefit of the Hualapai Tribe by an Act of
Congress--
(A) that specifically authorizes the transfer of the land
for the benefit of the Hualapai Tribe; and
(B) the date of enactment of which is after the date of
enactment of this Act.
(2) Water rights.--Any land taken into trust for the benefit of
the Hualapai Tribe under paragraph (1)--
(A) shall include water rights only under State law; and
(B) shall not include any federally reserved water rights.
SEC. 13. REALLOCATION OF CAP NIA PRIORITY WATER; FIRMING; WATER
DELIVERY CONTRACT; COLORADO RIVER ACCOUNTING.
(a) Reallocation to the Hualapai Tribe.--On the Enforceability
Date, the Secretary shall reallocate to the Hualapai Tribe the Hualapai
Tribe CAP water.
(b) Firming.--
(1) Hualapai tribe cap water.--Except as provided in subsection
(c)(2)(H), the Hualapai Tribe CAP water shall be firmed as follows:
(A) In accordance with section 105(b)(1)(B) of the Central
Arizona Project Settlement Act of 2004 (Public Law 108-451; 118
Stat. 3492), for the 100-year period beginning on January 1,
2008, the Secretary shall firm 557.50 AFY of the Hualapai Tribe
CAP water to the equivalent of CAP M&I priority water.
(B) In accordance with section 105(b)(2)(B) of the Central
Arizona Project Settlement Act of 2004 (Public Law 108-451; 118
Stat. 3492), for the 100-year period beginning on January 1,
2008, the State shall firm 557.50 AFY of the Hualapai Tribe CAP
water to the equivalent of CAP M&I priority water.
(2) Additional firming.--The Hualapai Tribe may, at the expense
of the Hualapai Tribe, take additional actions to firm or
supplement the Hualapai Tribe CAP water, including by entering into
agreements for that purpose with the Central Arizona Water
Conservation District, the Arizona Water Banking Authority, or any
other lawful authority, in accordance with State law.
(c) Hualapai Tribe Water Delivery Contract.--
(1) In general.--In accordance with the Hualapai Tribe water
rights settlement agreement and the requirements described in
paragraph (2), the Secretary shall enter into the Hualapai Tribe
water delivery contract.
(2) Requirements.--The requirements referred to in paragraph
(1) are the following:
(A) In general.--The Hualapai Tribe water delivery contract
shall--
(i) be for permanent service (as that term is used in
section 5 of the Boulder Canyon Project Act (43 U.S.C.
617d));
(ii) take effect on the Enforceability Date; and
(iii) be without limit as to term.
(B) Hualapai tribe cap water.--
(i) In general.--The Hualapai Tribe CAP water may be
delivered for use in the lower basin in the State through--
(I) the Hualapai Water Project; or
(II) the CAP system.
(ii) Method of delivery.--The Secretary shall authorize
the delivery of Hualapai Tribe CAP water under this
subparagraph to be effected by the diversion and use of
water directly from the Colorado River in the State.
(C) Contractual delivery.--The Secretary shall deliver the
Hualapai Tribe CAP water to the Hualapai Tribe in accordance
with the terms and conditions of the Hualapai Tribe water
delivery contract.
(D) Distribution of cap nia priority water.--
(i) In general.--Except as provided in clause (ii), if,
for any year, the available CAP supply is insufficient to
meet all demands under CAP contracts and CAP subcontracts
for the delivery of CAP NIA priority water, the Secretary
and the CAP operating agency shall prorate the available
CAP NIA priority water among the CAP contractors and CAP
subcontractors holding contractual entitlements to CAP NIA
priority water on the basis of the quantity of CAP NIA
priority water used by each such CAP contractor and CAP
subcontractor in the last year in which the available CAP
supply was sufficient to fill all orders for CAP NIA
priority water.
(ii) Exception.--
(I) In general.--Notwithstanding clause (i), if the
available CAP supply is insufficient to meet all
demands under CAP contracts and CAP subcontracts for
the delivery of CAP NIA priority water in the year
following the year in which the Enforceability Date
occurs, the Secretary shall assume that the Hualapai
Tribe used the full volume of Hualapai Tribe CAP water
in the last year in which the available CAP supply was
sufficient to fill all orders for CAP NIA priority
water.
(II) Continuation.--The assumption described in
subclause (I) shall continue until the available CAP
supply is sufficient to meet all demands under CAP
contracts and CAP subcontracts for the delivery of CAP
NIA priority water.
(III) Determination.--The Secretary shall determine
the quantity of CAP NIA priority water used by the Gila
River Indian Community and the Tohono O'odham Nation in
the last year in which the available CAP supply was
sufficient to fill all orders for CAP NIA priority
water in a manner consistent with the settlement
agreements with those Tribes.
(E) Leases and exchanges of hualapai tribe cap water.--On
and after the date on which the Hualapai Tribe water delivery
contract becomes effective, the Hualapai Tribe may, with the
approval of the Secretary, enter into contracts or options to
lease, or contracts or options to exchange, the Hualapai Tribe
CAP water within the lower basin in the State, and not in
Navajo, Apache, or Cochise Counties, providing for the
temporary delivery to other persons of any portion of Hualapai
Tribe CAP water.
(F) Term of leases and exchanges.--
(i) Leasing.--Contracts or options to lease under
subparagraph (E) shall be for a term of not more than 100
years.
(ii) Exchanging.--Contracts or options to exchange
under subparagraph (E) shall be for the term provided for
in the contract or option, as applicable.
(iii) Renegotiation.--The Hualapai Tribe may, with the
approval of the Secretary, renegotiate any lease described
in subparagraph (E), at any time during the term of the
lease, if the term of the renegotiated lease does not
exceed 100 years.
(G) Prohibition on permanent alienation.--No Hualapai Tribe
CAP water may be permanently alienated.
(H) No firming of leased water.--The firming obligations
described in subsection (b)(1) shall not apply to any Hualapai
Tribe CAP water leased by the Hualapai Tribe to another person.
(I) Entitlement to lease and exchange funds; obligations of
united states.--
(i) Entitlement.--
(I) In general.--The Hualapai Tribe shall be
entitled to all consideration due to the Hualapai Tribe
under any contract to lease, option to lease, contract
to exchange, or option to exchange the Hualapai Tribe
CAP water entered into by the Hualapai Tribe.
(II) Exclusion.--The United States shall not, in
any capacity, be entitled to the consideration
described in subclause (I).
(ii) Obligations of united states.--The United States
shall not, in any capacity, have any trust or other
obligation to monitor, administer, or account for, in any
manner, any funds received by the Hualapai Tribe as
consideration under any contract to lease, option to lease,
contract to exchange, or option to exchange the Hualapai
Tribe CAP water entered into by the Hualapai Tribe, except
in a case in which the Hualapai Tribe deposits the proceeds
of any lease, option to lease, contract to exchange, or
option to exchange into an account held in trust for the
Hualapai Tribe by the United States.
(J) Water use and storage.--
(i) In general.--The Hualapai Tribe may use the
Hualapai Tribe CAP water on or off the Hualapai Reservation
within the lower basin in the State for any purpose.
(ii) Storage.--The Hualapai Tribe, in accordance with
State law, may store the Hualapai Tribe CAP water at 1 or
more underground storage facilities or groundwater savings
facilities, subject to the condition that, if the Hualapai
Tribe stores Hualapai Tribe CAP water that has been firmed
pursuant to subsection (b)(1), the stored water may only
be--
(I) used by the Hualapai Tribe; or
(II) exchanged by the Hualapai Tribe for water that
will be used by the Hualapai Tribe.
(iii) Assignment.--The Hualapai Tribe, in accordance
with State law, may assign any long-term storage credit
accrued as a result of storage described in clause (ii),
subject to the condition that the Hualapai Tribe shall not
assign any long-term storage credit accrued as a result of
the storage of Hualapai Tribe CAP water that has been
firmed pursuant to subsection (b)(1).
(K) Use outside state.--The Hualapai Tribe may not use,
lease, exchange, forbear, or otherwise transfer any Hualapai
Tribe CAP water for use directly or indirectly outside of the
lower basin in the State.
(L) Cap fixed om&r charges.--
(i) In general.--The CAP operating agency shall be paid
the CAP fixed OM&R charges associated with the delivery of
all Hualapai Tribe CAP water.
(ii) Payment of charges.--Except as provided in
subparagraph (O), all CAP fixed OM&R charges associated
with the delivery of the Hualapai Tribe CAP water to the
Hualapai Tribe shall be paid by--
(I) the Secretary, pursuant to section 403(f)(2)(A)
of the Colorado River Basin Project Act (43 U.S.C.
1543(f)(2)(A)), subject to the condition that funds for
that payment are available in the Lower Colorado River
Basin Development Fund; and
(II) if the funds described in subclause (I) become
unavailable, the Hualapai Tribe.
(M) Cap pumping energy charges.--
(i) In general.--The CAP operating agency shall be paid
the CAP pumping energy charges associated with the delivery
of Hualapai Tribe CAP water only in cases in which the CAP
system is used for the delivery of that water.
(ii) Payment of charges.--Except for CAP water not
delivered through the CAP system, which does not incur a
CAP pumping energy charge, or water delivered to other
persons as described in subparagraph (O), any applicable
CAP pumping energy charges associated with the delivery of
the Hualapai Tribe CAP water shall be paid by the Hualapai
Tribe.
(N) Waiver of property tax equivalency payments.--No
property tax or in-lieu property tax equivalency shall be due
or payable by the Hualapai Tribe for the delivery of CAP water
or for the storage of CAP water in an underground storage
facility or groundwater savings facility.
(O) Lessee responsibility for charges.--
(i) In general.--Any lease or option to lease providing
for the temporary delivery to other persons of any Hualapai
Tribe CAP water shall require the lessee to pay the CAP
operating agency all CAP fixed OM&R charges and all CAP
pumping energy charges associated with the delivery of the
leased water.
(ii) No responsibility for payment.--Neither the
Hualapai Tribe nor the United States in any capacity shall
be responsible for the payment of any charges associated
with the delivery of the Hualapai Tribe CAP water leased to
other persons.
(P) Advance payment.--No Hualapai Tribe CAP water shall be
delivered unless the CAP fixed OM&R charges and any applicable
CAP pumping energy charges associated with the delivery of that
water have been paid in advance.
(Q) Calculation.--The charges for delivery of the Hualapai
Tribe CAP water pursuant to the Hualapai Tribe water delivery
contract shall be calculated in accordance with the CAP
repayment stipulation.
(R) Cap repayment.--For purposes of determining the
allocation and repayment of costs of any stages of the CAP
system constructed after November 21, 2007, the costs
associated with the delivery of the Hualapai Tribe CAP water,
regardless of whether the Hualapai Tribe CAP water is delivered
for use by the Hualapai Tribe or in accordance with any lease,
option to lease, exchange, or option to exchange providing for
the delivery to other persons of the Hualapai Tribe CAP water,
shall be--
(i) nonreimbursable; and
(ii) excluded from the repayment obligation of the
Central Arizona Water Conservation District.
(S) Nonreimbursable cap construction costs.--
(i) In general.--With respect to the costs associated
with the construction of the CAP system allocable to the
Hualapai Tribe--
(I) the costs shall be nonreimbursable; and
(II) the Hualapai Tribe shall have no repayment
obligation for the costs.
(ii) Capital charges.--No CAP water service capital
charges shall be due or payable for the Hualapai Tribe CAP
water, regardless of whether the Hualapai Tribe CAP water
is delivered--
(I) for use by the Hualapai Tribe; or
(II) under any lease, option to lease, exchange, or
option to exchange entered into by the Hualapai Tribe.
(d) Colorado River Accounting.--All Hualapai Tribe CAP water
diverted directly from the Colorado River shall be accounted for as
deliveries of CAP water within the State.
SEC. 14. ENFORCEABILITY DATE.
(a) In General.--Except as provided in subsection (d), the Hualapai
Tribe water rights settlement agreement, including the waivers and
releases of claims described in section 9, shall take effect and be
fully enforceable on the date on which the Secretary publishes in the
Federal Register a statement of findings that--
(1) to the extent the Hualapai Tribe water rights settlement
agreement conflicts with this Act--
(A) the Hualapai Tribe water rights settlement agreement
has been revised through an amendment to eliminate the
conflict; and
(B) the revised Hualapai Tribe water rights settlement
agreement, including any exhibits requiring execution by any
party to the Hualapai Tribe water rights settlement agreement,
has been executed by the required party;
(2) the waivers and releases of claims described in section 9
have been executed by the Hualapai Tribe and the United States;
(3) the abstracts referred to in subparagraphs 4.8.1.2,
4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights settlement
agreement have been completed by the Hualapai Tribe;
(4) the full amount described in section 7(a)(1), as adjusted
by section 7(b), has been deposited in the Hualapai Water Trust
Fund Account;
(5) the Gila River adjudication decree has been approved by the
Gila River adjudication court substantially in the form of the
judgment and decree attached to the Hualapai Tribe water rights
settlement agreement as Exhibit 3.1.43, as amended to ensure
consistency with this Act; and
(6) the Secretary has executed the Hualapai Tribe water
delivery contract described in section 13(c).
(b) Repeal on Failure To Meet Enforceability Date.--
(1) In general.--Except as provided in paragraph (2), if the
Secretary fails to publish in the Federal Register a statement of
findings under subsection (a) by April 15, 2029, or such
alternative later date as may be agreed to by the Hualapai Tribe,
the Secretary, and the State--
(A) this Act is repealed;
(B) any action taken by the Secretary and any contract or
agreement entered into pursuant to this Act shall be void; and
(C) any amounts appropriated under section 7, together with
any investment earnings on those amounts, less any amounts
expended under section 6(a)(4)(B), shall revert immediately to
the general fund of the Treasury.
(2) Severability.--Notwithstanding paragraph (1), if the
Secretary fails to publish in the Federal Register a statement of
findings under subsection (a) by April 15, 2029, or such
alternative later date as may be agreed to by the Hualapai Tribe,
the Secretary, and the State, section 11 and subsections (a), (b),
(c), and (d) of section 12 shall remain in effect.
(c) Right To Offset.--If the Secretary has not published in the
Federal Register the statement of findings under subsection (a) by
April 15, 2029, or such alternative later date as may be agreed to by
the Hualapai Tribe, the Secretary, and the State, the United States
shall be entitled to offset any Federal amounts made available under
section 6(a)(4)(B) that were used or authorized for any use under that
section against any claim asserted by the Hualapai Tribe against the
United States described in section 9(a)(2)(A).
(d) Bill Williams River Phase 2 Enforceability Date.--
Notwithstanding any other provision of this Act, the Bill Williams
River phase 2 water rights settlement agreement (including the waivers
and releases described in section 9(d) of this Act and section 5 of the
Bill Williams River phase 2 water rights settlement agreement) shall
take effect and become enforceable among the parties to the Bill
Williams River phase 2 water rights settlement agreement on the date on
which all of the following conditions have occurred:
(1) The Hualapai Tribe water rights settlement agreement
becomes enforceable pursuant to subsection (a).
(2) Freeport has submitted to the Arizona Department of Water
Resources a conditional withdrawal of any objection to the Bill
Williams River watershed instream flow applications pursuant to
section 4.4(i) of the Bill Williams River phase 2 water rights
settlement agreement, which withdrawal shall take effect on the
Bill Williams River Phase 2 Enforceability Date described in this
subsection.
(3) Not later than the Enforceability Date, the Arizona
Department of Water Resources has issued an appealable, conditional
decision and order for the Bill Williams River watershed instream
flow applications pursuant to section 4.4(iii) of the Bill Williams
River phase 2 water rights settlement agreement, which order shall
become nonconditional and effective on the Bill Williams River
Phase 2 Enforceability Date described in this subsection.
(4) The conditional decision and order described in paragraph
(3)--
(A) becomes final; and
(B) is not subject to any further appeal.
SEC. 15. ADMINISTRATION.
(a) Limited Waiver of Sovereign Immunity.--
(1) Waiver.--
(A) In general.--In any circumstance described in paragraph
(2)--
(i) the United States or the Hualapai Tribe may be
joined in the action described in the applicable
subparagraph of that paragraph; and
(ii) subject to subparagraph (B), any claim by the
United States or the Hualapai Tribe to sovereign immunity
from the action is waived.
(B) Limitation.--A waiver under subparagraph (A)(ii)--
(i) shall only be for the limited and sole purpose of
the interpretation or enforcement of--
(I) this Act;
(II) the Hualapai Tribe water rights settlement
agreement, as ratified by this Act; or
(III) the Bill Williams River phase 2 water right
settlement agreement, as ratified by this Act; and
(ii) shall not include any award against the United
States or the Hualapai Tribe for money damages, court
costs, or attorney fees.
(2) Circumstances described.--A circumstance referred to in
paragraph (1)(A) is any of the following:
(A) Any party to the Hualapai Tribe water rights settlement
agreement--
(i) brings an action in any court of competent
jurisdiction relating only and directly to the
interpretation or enforcement of--
(I) this Act; or
(II) the Hualapai Tribe water rights settlement
agreement; and
(ii) names the United States or the Hualapai Tribe as a
party in that action.
(B) Any landowner or water user in the Verde River
Watershed--
(i) brings an action in any court of competent
jurisdiction relating only and directly to the
interpretation or enforcement of--
(I) paragraph 10.0 of the Hualapai Tribe water
rights settlement agreement;
(II) Exhibit 3.1.43 to the Hualapai Tribe water
rights settlement agreement; or
(III) section 9; and
(ii) names the United States or the Hualapai Tribe as a
party in that action.
(C) Any party to the Bill Williams River phase 2 settlement
agreement--
(i) brings an action in any court of competent
jurisdiction relating only and directly to the
interpretation or enforcement of--
(I) this Act; or
(II) the Bill Williams River phase 2 settlement
agreement; and
(ii) names the United States or the Hualapai Tribe as a
party in that action.
(b) Effect on Current Law.--Nothing in this section alters the law
with respect to pre-enforcement review of Federal environmental or
safety-related enforcement actions.
(c) Basin Groundwater Withdrawal Estimates.--
(1) Groundwater withdrawal estimates.--
(A) In general.--Not later than 1 year of the date of
enactment of this Act, the Secretary, acting through the United
States Geological Survey Water Use Program, shall issue an
estimate for groundwater withdrawals in the Truxton Basin
outside the boundaries of the Hualapai Reservation.
(B) Annual estimates.--Each year after publication of the
initial estimate required by subparagraph (A), the Secretary,
acting through the United States Geological Survey Water Use
Program, shall issue an estimate for groundwater withdrawals in
the Truxton Basin outside the boundaries of the Hualapai
Reservation until such time as the Secretary, after
consultation with the Hualapai Tribe, determines that annual
estimates are not warranted.
(2) Notice to the state.--Based on the estimates under
paragraph (1), the Secretary shall notify the State, in writing, if
the total withdrawal of groundwater from the Truxton Basin outside
the boundaries of the Hualapai Reservation exceeds the estimate
prepared pursuant to that paragraph by 3,000 or more AFY, exclusive
of any diversion or use of groundwater on Hualapai fee land and any
land acquired by the Hualapai Tribe, including by a tribally owned
corporation, in fee after the Enforceability Date.
(d) Antideficiency.--Notwithstanding any authorization of
appropriations to carry out this Act, the United States shall not be
liable for any failure of the United States to carry out any obligation
or activity authorized by this Act (including all agreements or
exhibits ratified or confirmed by this Act) if--
(1) adequate appropriations are not provided expressly by
Congress to carry out the purposes of this Act; or
(2) there are not enough monies available to carry out this Act
in the Lower Colorado River Basin Development Fund.
(e) Application of Reclamation Reform Act of 1982.--The Reclamation
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage
limitation or full-cost pricing provision of Federal law shall not
apply to any person, entity, or tract of land solely on the basis of--
(1) receipt of any benefit under this Act;
(2) execution or performance of this Act; or
(3) the use, storage, delivery, lease, or exchange of CAP
water.
(f) Effect.--
(1) No modification or preemption of other law.--Unless
expressly provided in this Act, nothing in this Act modifies,
conflicts with, preempts, or otherwise affects--
(A) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(B) the Boulder Canyon Project Adjustment Act (43 U.S.C.
618 et seq.);
(C) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(D) the Colorado River Basin Project Act (Public Law 90-
537; 82 Stat. 885);
(E) the Treaty between the United States of America and
Mexico respecting utilization of waters of the Colorado and
Tijuana Rivers and of the Rio Grande, signed at Washington
February 3, 1944 (59 Stat. 1219);
(F) the Colorado River Compact;
(G) the Upper Colorado River Basin Compact;
(H) the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991); or
(I) case law concerning water rights in the Colorado River
system other than any case to enforce the Hualapai Tribe water
rights settlement agreement or this Act.
(2) Effect on agreements.--Nothing in this Act or the Hualapai
Tribe water rights settlement agreement limits the right of the
Hualapai Tribe to enter into any agreement for the storage or
banking of water in accordance with State law with--
(A) the Arizona Water Banking Authority (or a successor
agency or entity); or
(B) any other lawful authority.
(3) Effect of act.--Nothing in this Act--
(A) quantifies or otherwise affects the water rights,
claims, or entitlements to water of any Indian Tribe other than
the Hualapai Tribe;
(B) affects the ability of the United States to take action
on behalf of any Indian Tribe other than the Hualapai Tribe,
the members of the Hualapai Tribe, and the allottees; or
(C) limits the right of the Hualapai Tribe to use any water
of the Hualapai Tribe in any location on the Hualapai
Reservation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.