[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4104 Reported in Senate (RS)]
<DOC>
Calendar No. 684
117th CONGRESS
2d Session
S. 4104
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2022
Ms. Sinema (for herself and Mr. Kelly) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
December 19, 2022
Reported by Mr. Schatz, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
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 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 of title.--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 $ 180,000,000 312,000,000, 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.
(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\W\1/4\SW\1/4\ 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).; and
<DELETED> (7) the Secretary has issued the record of
decision required by section 8(d).</DELETED>
(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.
Calendar No. 684
117th CONGRESS
2d Session
S. 4104
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
December 19, 2022
Reported with amendments