111 HR 8940 IH: Northeastern Arizona Indian Water Rights Settlement Act of 2024
U.S. House of Representatives
2024-07-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
2d Session
H. R. 8940
IN THE HOUSE OF REPRESENTATIVES
July 8, 2024
Mr. Ciscomani (for himself, Mr. Stanton, Mr. Grijalva, and Mr. Schweikert) introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
To provide for the settlement of the water rights claims of the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, and for other purposes.
1.

Short title; table of contents
(a)

Short title
This Act may be cited as the “Northeastern Arizona Indian Water Rights Settlement Act of 2024”.
(b)

Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification and execution of the Northeastern Arizona Indian Water Rights Settlement Agreement .
Sec. 5. Water Rights .
Sec. 6. Allocation and assignment of Colorado River Water to the Tribes; water delivery contracts .
Sec. 7. Colorado River Water leases and exchanges; Uses .
Sec. 8. iiná bá – paa tuwaqat’si pipeline .
Sec. 9. iiná bá – paa tuwaqat’si pipeline Implementation Fund Account.
Sec. 10. Navajo Nation Water Settlement Trust Fund .
Sec. 11. Hopi Tribe Settlement Trust Fund.
Sec. 12. San Juan Southern Paiute Tribe Water Settlement Trust Fund.
Sec. 13. Funding .
Sec. 14. Waivers, releases, and retention of claims.
Sec. 15. Satisfaction of Water Rights and other benefits.
Sec. 16. Enforceability Date.
Sec. 17. Colorado River accounting.
Sec. 18. Limited waiver of sovereign immunity.
Sec. 19. Ratification of the Treaty and creation of the San Juan Southern Paiute Reservation.
Sec. 20. Antideficiency; savings provisions; effect.
2.

Purposes
The purposes of this Act are—
(1)
to achieve a fair, equitable, and final settlement of all claims to rights to water in the State for—
(A)
the Navajo Nation and Navajo Allottees;
(B)
the Hopi Tribe and Hopi Allottees;
(C)
the San Juan Southern Paiute Tribe; and
(D)
the United States, acting as trustee for the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, Navajo Allottees, and Hopi Allottees;
(2)
to authorize, ratify, and confirm the Northeastern Arizona Indian Water Rights Settlement Agreement entered into by the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, the State, and other Parties to the extent that the Settlement 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 Settlement Agreement and this Act; and
(4)
to authorize funds necessary for the implementation of the Settlement Agreement and this Act.
3.

Definitions
In this Act:
(1)

1882 Reservation
The term 1882 Reservation means—
(A)
land within the exterior boundaries of the “Hopi Indian Reservation” defined as District 6 in Healing v. Jones, 210 F. Supp. 125, 173 (D. Ariz. 1962), aff'd, 373 U.S. 758 (1963), and Masayesva for and on Behalf of Hopi Indian Tribe v. Hale, 118 F.3d 1371, 1375–76 (9th Cir. 1997); and
(B)
all land withdrawn by the Executive order of December 16, 1882, and partitioned to the Hopi Tribe in accordance with section 4 of the Act of December 22, 1974 (Public Law 93–531; 88 Stat. 1713), by Judgment of Partition, February 10, 1977, Sekaquaptewa v. MacDonald, Case No. CIV–579–PCT–JAW (D. Ariz.), aff’d, 626 F.2d 113 (9th Cir. 1980).
(2)

AFY
The term AFY means acre-feet per year.
(3)

Arizona department of water resources
The term Arizona Department of Water Resources means the agency of the State established pursuant to section 45–102 of the Arizona Revised Statutes, or a successor agency or entity.
(4)

Bureau
The term Bureau means the Bureau of Reclamation.
(5)

CAP; Central Arizona project
The terms CAP and Central Arizona Project mean the Federal 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.).
(6)

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 the repayment of costs of the Central Arizona Project; and
(B)
any amendment to, or revision of, that contract.
(7)

CAWCD; Central Arizona water conservation district
The terms CAWCD and Central Arizona Water Conservation District mean the political subdivision of the State that is the contractor under the CAP Repayment Contract.
(8)

Cibola water
The term Cibola Water means the entitlement of the Hopi Tribe to the diversion of up to 4,278 AFY of the Fourth Priority Water described in the Hopi Tribe Existing Cibola Contract.
(9)

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.
(10)

Colorado River System
The term Colorado River System has the meaning given the term in Article II(a) of the Colorado River Compact.
(11)

Colorado river water
(A)

In general
The term Colorado River Water means the waters of the Colorado River apportioned for Use within the State by—
(i)
sections 4 and 5 of the Boulder Canyon Project Act (43 U.S.C. 617c, 617d);
(ii)
the Upper Colorado River Basin Compact of 1948, as ratified and reprinted in article 3 of chapter 7 of title 45, Arizona Revised Statutes;
(iii)
the Colorado River Basin Project Act (43 U.S.C. 1501 et seq.);
(iv)
the contract for delivery of water between the United States and the State, dated February 9, 1944; and
(v)
the Decree.
(B)

Limitations
The term Colorado River Water—
(i)
shall only be used for purposes of interpreting the Settlement Agreement and this Act; and
(ii)
shall not be used for any interpretation of existing law or contract, including any law or contract described in clauses (i) through (v) of subparagraph (A).
(12)

Decree
The term Decree, when used without a modifier, means—
(A)
the decree of the Supreme Court of the United States in Arizona v. California, 376 U.S. 340 (1964);
(B)
the consolidated decree entered on March 27, 2006, in Arizona v. California, 547 U.S. 150 (2006); and
(C)
any modification to a decree described in subparagraph (A) or (B) .
(13)

Diversion
The term diversion means an act to divert.
(14)

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 human act.
(15)

Effective date
The term Effective Date means the date as of which the Settlement Agreement has been executed by not fewer than 30 of the Parties, including—
(A)
the Navajo Nation;
(B)
the Hopi Tribe;
(C)
the San Juan Southern Paiute Tribe;
(D)
the State;
(E)
the Arizona State Land Department;
(F)
the Central Arizona Water Conservation District;
(G)
the Salt River Project Agricultural Improvement and Power District; and
(H)
the Salt River Valley Water Users’ Association.
(16)

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 of whether the water has been treated to improve the quality of the water.
(17)

Enforceability date
The term Enforceability Date means the date described in section 16(a).
(18)

Fifth Priority Water
The term Fifth Priority Water has the meaning given the term in the Hopi Tribe Existing Cibola Contract.
(19)

Fourth priority water
The term Fourth Priority Water means Colorado River Water available for delivery within the State for 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 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.
(20)

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).
(21)

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.
(22)

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 as Exhibit 3.1.47 to the Settlement Agreement.
(23)

Groundwater
The term Groundwater means all water beneath the surface of the earth within the State that is not—
(A)
Surface Water;
(B)
Colorado River Water; or
(C)
Effluent.
(24)

Hopi allotment
The term Hopi Allotment means any of the 11 parcels allotted pursuant to section 4 of the Act of February 8, 1887 (commonly known as the “Indian General Allotment Act”) (24 Stat. 389, chapter 119; 25 U.S.C. 334), that are—
(A)
located within the exterior boundaries of the Hopi Reservation; and
(B)
held in trust by the United States for the benefit of 1 or more individual Indians under allotment record numbers AR–39, AR–40, AR–41, AR–42, AR–43, AR–44, AR–45, AR–46, AR–47, AR–48, and AR–49.
(25)

Hopi allottee
The term Hopi Allottee means—
(A)
an individual Indian holding a beneficial interest in a Hopi Allotment; or
(B)
an Indian Tribe holding an undivided fractional beneficial interest in a Hopi Allotment.
(26)

Hopi fee land
The term Hopi Fee Land means land, other than Hopi Trust Land, that—
(A)
is located in the State;
(B)
is located outside the exterior boundaries of the Hopi Reservation; and
(C)
as of the Enforceability Date, is owned by the Hopi Tribe in its own name or through an entity wholly owned or controlled by the Hopi Tribe.
(27)

Hopi land
The term Hopi Land means—
(A)
the Hopi Reservation;
(B)
Hopi Trust Land; and
(C)
Hopi Fee Land.
(28)

Hopi reservation
(A)

In general
The term Hopi Reservation means—
(i)
land within the exterior boundaries of the “Hopi Indian Reservation” defined as District 6 in Healing v. Jones, 210 F. Supp. 125, 173 (D. Ariz. 1962), aff'd, 373 U.S. 758 (1963), and Masayesva for and on Behalf of Hopi Indian Tribe v. Hale, 118 F.3d 1371, 1375–76 (9th Cir. 1997);
(ii)
land withdrawn by the Executive Order of December 16, 1882, and partitioned to the Hopi Tribe in accordance with the Act of December 22, 1974 (Public Law 93–531; 88 Stat. 1713), by Judgment of Partition, February 10, 1977, Sekaquaptewa v. MacDonald, Case No. CIV–579–PCT–JAW (D. Ariz.), aff’d, 626 F.2d 113 (9th Cir. 1980); and
(iii)
land recognized as part of the Hopi Reservation in Honyoama v. Shirley, Jr., Case No. CIV 74–842–PHX–EHC (D. Ariz. 2006).
(B)

Map
Subject to subparagraph (C), the descriptions of the Hopi Reservation described in clauses (i) through (iii) of subparagraph (A) are generally shown on the map attached as Exhibit 3.1.56 to the Settlement Agreement.
(C)

Conflict
In the case of a conflict between the definition in subparagraph (A) and Exhibit 3.1.56 of the Settlement Agreement, the definition in that subparagraph shall control.
(29)

Hopi tribe
The term Hopi Tribe means the Hopi Tribe, a tribe of Hopi Indians—
(A)
organized under section 16 of the Act of June 18, 1934 (commonly known as the “Indian Reorganization Act”) (48 Stat. 987, chapter 576; 25 U.S.C. 5123); and
(B)
recognized by the Secretary in the notice of the Secretary entitled “Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs” (89 Fed. Reg. 944 (January 8, 2024)).
(30)

Hopi tribe agricultural conservation trust fund account
The term Hopi Tribe Agricultural Conservation Trust Fund Account means the account—
(A)
established under to section 11(b)(3); and
(B)
described in subparagraph 12.3.3 of the Settlement Agreement.
(31)

Hopi tribe cibola water
The term Hopi Tribe Cibola Water means the Fourth Priority Water, Fifth Priority Water, and Sixth Priority Water to which the Hopi Tribe is entitled pursuant to subparagraphs 5.8.2 and 5.8.3 of the Settlement Agreement.
(32)

Hopi tribe existing cibola contract
The term Hopi Tribe Existing Cibola Contract means Contract No. 04–XX–30–W0432 between the United States and the Hopi Tribe, as amended and in full force and effect as of the Effective Date.
(33)

Hopi tribe groundwater projects
The term Hopi Tribe Groundwater Projects means the projects described in—
(A)
section 11(f)(1) ; and
(B)
subparagraph 12.3.1 of the Settlement Agreement.
(34)

Hopi tribe groundwater projects trust fund account
The term Hopi Tribe Groundwater Projects Trust Fund Account means the account—
(A)
established under section 11(b)(1); and
(B)
described in subparagraph 12.3.1 of the Settlement Agreement.
(35)

Hopi tribe lower basin Colorado river water acquisition trust fund account
The term Hopi Tribe Lower Basin Colorado River Water Acquisition Trust Fund Account means the account—
(A)
established under section 11(b)(4); and
(B)
described in subparagraph 12.3.4 of the Settlement Agreement.
(36)

Hopi tribe om&r trust fund account
The term Hopi Tribe OM&R Trust Fund Account means the account—
(A)
established under section 11(b)(2); and
(B)
described in subparagraph 12.3.2 of the Settlement Agreement.
(37)

Hopi tribe upper basin Colorado river water
The term Hopi Tribe Upper Basin Colorado River Water means the 2,300 AFY of Upper Basin Colorado River Water allocated to the Hopi Tribe—
(A)
pursuant to section 6; and
(B)
as provided in subparagraphs 5.7 and 11.1.1 of the Settlement Agreement.
(38)

Hopi tribe water delivery contract
The term Hopi Tribe Water Delivery Contract means 1 or more contracts entered into by Secretary and the Hopi Tribe in accordance with section 6 and pursuant to paragraph 11 of the Settlement Agreement for the delivery of Hopi Tribe Upper Basin Colorado River Water or Hopi Tribe Cibola Water.
(39)

Hopi trust land
The term Hopi Trust Land means land that—
(A)
is located in the State;
(B)
is located outside the exterior boundaries of the Hopi Reservation; and
(C)
as of the Enforceability Date, is held in trust by the United States for the benefit of the Hopi Tribe.
(40)

iiná bá – paa tuwaqat’si pipeline
The term iiná bá – paa tuwaqat’si pipeline means the water project described in—
(A)
section 8; and
(B)
subparagraph 12.1 of the Settlement Agreement.
(41)

iiná bá – paa tuwaqat’si pipeline implementation fund account
The term iiná bá – paa tuwaqat’si pipeline Implementation Fund Account means the account—
(A)
established under section 9(a); and
(B)
described in subparagraph 12.1.1 of the Settlement Agreement.
(42)

Impoundment
The term impoundment means a human-made structure used to store water.
(43)

Injury to water
The term Injury to Water means injury to water based on changes in or degradation of the salinity or concentration of naturally occurring chemical constituents contained in water.
(44)

Injury to water rights
(A)

In general
The term Injury to Water Rights means an interference with, diminution of, or deprivation of Water Rights under Federal, State, or other law.
(B)

Exclusion
The term Injury to Water Rights does not include any injury to water quality.
(45)

Irrigation
The term irrigation means the Use of water on 2 or more acres of land to produce plants or parts of plants—
(A)
for sale or human consumption; or
(B)
as feed for livestock, range livestock, or poultry.
(46)

LCR
The term LCR means the Little Colorado River.
(47)

Lcr adjudication
The term LCR Adjudication means the action pending in the Superior Court of the State, in and for the County of Apache, In re: the General Adjudication of All Rights to Use Water in the Little Colorado River System and Source, CIV No. 6417.
(48)

Lcr adjudication court
The term LCR Adjudication Court means the Superior Court of the State, in and for the County of Apache, exercising jurisdiction over the LCR Adjudication.
(49)

Lcr decree
The term LCR Decree means the judgment or decree entered by the LCR Adjudication Court in substantially the same form as the form of judgment attached as Exhibit 3.1.82 to the Settlement Agreement.
(50)

Lcr watershed
The term LCR Watershed means land located within the Surface Water drainage of the LCR and its tributaries in the State, as shown on the map attached as Exhibit 3.1.83 to the Settlement Agreement.
(51)

Lower basin
The term Lower Basin has the meaning given the term in Article II(g) of the Colorado River Compact.
(52)

Member
The term Member means any person duly enrolled as a member of the Navajo Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe.
(53)

Navajo allotment
The term Navajo Allotment means a parcel of land patented pursuant to section 1 of the Act of February 8, 1887 (commonly known as the “Indian General Allotment Act”) (24 Stat. 388, chapter 119; 25 U.S.C. 331) (as in effect on the day before the date of enactment of the Indian Land Consolidation Act Amendments of 2000 (Public Law 106–462; 114 Stat. 1991))—
(A)
originally allotted to an individual identified in the allotting document as a Navajo Indian;
(B)
located within the exterior boundaries of the Navajo Reservation; and
(C)
held in trust by the United States for the benefit of 1 or more individual Indians.
(54)

Navajo allottee
The term Navajo Allottee means—
(A)
an individual Indian holding a beneficial interest in a Navajo Allotment; or
(B)
an Indian Tribe holding an undivided fractional beneficial interest in a Navajo Allotment.
(55)

Navajo fee land
The term Navajo Fee Land means land, other than Navajo Trust Land, that—
(A)
is located in the State;
(B)
is located outside the exterior boundaries of the Navajo Reservation; and
(C)
as of the Enforceability Date, is owned by the Navajo Nation, whether in its own name or through an entity wholly owned or controlled by the Navajo Nation.
(56)

Navajo-gallup water supply project
The term Navajo-Gallup Water Supply Project means the project authorized, constructed, and operated pursuant to part III of the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1379).
(57)

Navajo land
The term Navajo Land means—
(A)
the Navajo Reservation;
(B)
Navajo Trust Land; and
(C)
Navajo Fee Land.
(58)

Navajo Nation
(A)

In general
The term Navajo Nation means the Navajo Nation, a body politic and federally recognized Indian nation recognized by the Secretary in the notice of the Secretary entitled “Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs” (89 Fed. Reg. 944 (January 8, 2024)), and also known variously as the “Navajo Tribe”, the “Navajo Tribe of Arizona, New Mexico & Utah”, the “Navajo Tribe of Indians”, and other similar names.
(B)

Inclusions
The term Navajo Nation includes all bands of Navajo Indians and chapters of the Navajo Nation.
(59)

Navajo nation agricultural conservation trust fund account
The term Navajo Nation Agricultural Conservation Trust Fund Account means the account—
(A)
established under section 10(b)(3); and
(B)
described in subparagraph 12.2.4 of the Settlement Agreement.
(60)

Navajo nation cibola water
The term Navajo Nation Cibola Water means the entitlement of the Navajo Nation to the diversion of up to 100 AFY of Fourth Priority Water at the same location and for the same Uses described in the Hopi Tribe Existing Cibola Contract or the delivery and consumptive use of up to 71.5 AFY of Fourth Priority Water at locations and for Uses within the State other than as described in the Hopi Tribe Existing Cibola Contract, which shall have been assigned and transferred by the Hopi Tribe from its Cibola Water under the Hopi Tribe Existing Cibola Contract to the Navajo Nation.
(61)

Navajo nation fourth priority water
The term Navajo Nation Fourth Priority Water means the diversion right to 3,500 AFY of Fourth Priority Water reserved for Use in a Navajo-Hopi Indian water rights settlement under paragraph 11.3 of the Arizona Water Settlement Agreement among the United States, the State, and the Central Arizona Water Conservation District—
(A)
as authorized by paragraphs (1) and (2) of section 106(a) of the Central Arizona Project Settlement Act of 2004 (Public Law 108–451; 118 Stat. 3492);
(B)
as allocated to the Navajo Nation pursuant to section 6; and
(C)
as described in subparagraphs 4.9 and 10.1 of the Settlement Agreement.
(62)

Navajo nation lower basin Colorado river water acquisition trust fund account
The term Navajo Nation Lower Basin Colorado River Water Acquisition Trust Fund Account means the account—
(A)
established under section 10(b)(5); and
(B)
described in subparagraph 12.2.5 of the Settlement Agreement.
(63)

Navajo nation om&r trust fund account
The term Navajo Nation OM&R Trust Fund Account means the account—
(A)
established under section 10(b)(2); and
(B)
described in subparagraph 12.2.2 of the Settlement Agreement.
(64)

Navajo nation renewable energy trust fund account
The term Navajo Nation Renewable Energy Trust Fund Account means the account—
(A)
established under section 10(b)(4); and
(B)
described in subparagraph 12.2.3 of the Settlement Agreement.
(65)

Navajo nation upper basin Colorado river water
The term Navajo Nation Upper Basin Colorado River Water means the 44,700 AFY of Upper Basin Colorado River Water—
(A)
allocated to the Navajo Nation pursuant to section 6; and
(B)
described in subparagraphs 4.7 and 10.1 of the Settlement Agreement.
(66)

Navajo nation water delivery contract
The term Navajo Nation Water Delivery Contract means 1 or more contracts entered into by the Secretary and the Navajo Nation in accordance with section 6 and pursuant to paragraph 10 of the Settlement Agreement for the delivery of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, or Navajo Nation Fourth Priority Water.
(67)

Navajo nation water projects
The term Navajo Nation Water Projects means the projects described in—
(A)
section 10(f)(1); and
(B)
subparagraph 12.2.1 of the Settlement Agreement.
(68)

Navajo nation water projects trust fund account
The term Navajo Nation Water Projects Trust Fund Account means the account—
(A)
established under section 10(b)(1); and
(B)
described in subparagraph 12.2.1 of the Settlement Agreement.
(69)

Navajo reservation
(A)

In general
The term Navajo Reservation means—
(i)
land within the exterior boundaries of the “Navajo Indian Reservation” in the State, as defined by the Act of June 14, 1934 (48 Stat. 960, chapter 521);
(ii)
land withdrawn by the Executive order of December 16, 1882, and partitioned to the Navajo Nation in accordance with section 8(b) of the Act of December 22, 1974 (Public Law 93–531; 88 Stat. 1715), by Judgment of Partition, February 10, 1977, Sekaquaptewa v. MacDonald, Case No. CIV–579–PCT–JAW (D. Ariz.), aff’d, 626 F.2d 113 (9th Cir. 1980);
(iii)
land taken into trust as a part of the Navajo Reservation before the Effective Date pursuant to the Act of December 22, 1974 (Public Law 93–531; 88 Stat. 1712), a copy of which is attached as Exhibit 3.1.112B to the Settlement Agreement; and
(iv)
any land taken into trust as part of the Navajo Reservation after the Effective Date pursuant to the Act of December 22, 1974 (Public Law 93–531; 88 Stat. 1712), except as provided in subparagraphs 3.1.12, 3.1.13, 3.1.87, 3.1.170, 4.1.5, 4.1.6, 4.6.1, and 8.1.1 of the Settlement Agreement.
(B)

Exclusions
The term Navajo Reservation does not include land within the Hopi Reservation or the San Juan Southern Paiute Reservation.
(C)

Map
Subject to subparagraph (D), the descriptions of the Navajo Reservation described in clauses (i) through (iv) of subparagraph (A) are generally shown on the map attached as Exhibit 3.1.112A to the Settlement Agreement.
(D)

Conflict
In the case of a conflict between the definition in subparagraphs (A) and (B) and Exhibit 3.1.112A of the Settlement Agreement, the definition described in those subparagraphs shall control.
(70)

Navajo tribal utility authority
The term Navajo Tribal Utility Authority means the enterprise established by the Navajo Nation pursuant to chapter 1, section 21 of the Navajo Nation Code, or a successor agency or entity.
(71)

Navajo trust land
The term Navajo Trust Land means land that—
(A)
is located in the State;
(B)
is located outside the exterior boundaries of the Navajo Reservation; and
(C)
as of the Enforceability Date, is held in trust by the United States for the benefit of the Navajo Nation.
(72)

Off-reservation
The term off-Reservation means land located in the State outside the exterior boundaries of—
(A)
the Navajo Reservation;
(B)
the Hopi Reservation; and
(C)
the San Juan Southern Paiute Reservation.
(73)

OM&R
The term OM&R means operation, maintenance, and replacement.
(74)

Party
The term Party mean a Person that is a signatory to the Settlement Agreement.
(75)

Person
(A)

In general
The term Person means—
(i)
an individual;
(ii)
a public or private corporation;
(iii)
a company;
(iv)
a partnership;
(v)
a joint venture;
(vi)
a firm;
(vii)
an association;
(viii)
a society;
(ix)
an estate or trust;
(x)
any other private organization or enterprise;
(xi)
the United States;
(xii)
an Indian Tribe;
(xiii)
a State, territory, or country;
(xiv)
a governmental entity; and
(xv)
any political subdivision or municipal corporation organized under or subject to the constitution and laws of the State.
(B)

Inclusions
The term Person includes the officers, directors, agents, insurers, representatives, employees, attorneys, assigns, subsidiaries, affiliates, enterprises, legal representatives, predecessors, and successors in interest and their heirs, of any entity or individual described in subparagraph (A).
(76)

Public domain allotment outside the navajo reservation
The term Public Domain Allotment outside the Navajo Reservation means any of the 51 parcels of land allotted to individual Indians from the public domain pursuant to section 4 of the Act of February 8, 1887 (commonly known as the “Indian General Allotment Act”) (24 Stat. 389, chapter 119; 25 U.S.C. 334) that is—
(A)
held in trust by the United States for the benefit of 1 or more individual Indians or Indian Tribes; and
(B)
located outside the exterior boundaries of the Navajo Reservation and the Hopi Reservation, as depicted on the map attached as Exhibit 3.1.132A to the Settlement Agreement.
(77)

Public domain allotment within the navajo reservation
The term Public Domain Allotment within the Navajo Reservation means any land allotted to individual Indians from the public domain that is—
(A)
held in trust by the United States for the benefit of 1 or more individual Indians or Indian Tribes;
(B)
located within the exterior boundaries of the Navajo Reservation; and
(C)
described in Exhibit 3.1.131 to the Settlement Agreement.
(78)

Public domain allottee
The term Public Domain Allottee means an individual Indian or Indian Tribe holding a beneficial interest in—
(A)
a Public Domain Allotment outside the Navajo Reservation; or
(B)
a Public Domain Allotment within the Navajo Reservation.
(79)

San juan southern paiute fee land
The term San Juan Southern Paiute Fee Land means land, other than San Juan Southern Paiute Trust Land, that—
(A)
is located in the State;
(B)
is located outside the exterior boundaries of the San Juan Southern Paiute Reservation; and
(C)
as of the Enforceability Date, is owned by the San Juan Southern Paiute Tribe, whether in its own name or through an entity wholly owned or controlled by the San Juan Southern Paiute Tribe.
(80)

San juan southern paiute groundwater projects
The term San Juan Southern Paiute Groundwater Projects means the projects described in—
(A)
section 12; and
(B)
subparagraph 12.4.1 of the Settlement Agreement.
(81)

San juan southern paiute land
The term San Juan Southern Paiute Land means—
(A)
the San Juan Southern Paiute Southern Area;
(B)
San Juan Southern Paiute Trust Land; and
(C)
San Juan Southern Paiute Fee Land.
(82)

San juan southern paiute northern area
The term San Juan Southern Paiute Northern Area means the land depicted on the map attached as Exhibit 3.1.146 to the Settlement Agreement.
(83)

San juan southern paiute reservation
The term San Juan Southern Paiute Reservation means the approximately 5,400 acres of land described in paragraph 6.0 of the Settlement Agreement as the San Juan Southern Paiute Northern Area and the San Juan Southern Paiute Southern Area, as depicted in the maps attached as Exhibits 3.1.146 and 3.1.147 to the Settlement Agreement.
(84)

San juan southern paiute tribe agricultural conservation trust fund account
The term San Juan Southern Paiute Tribe Agricultural Conservation Trust Fund Account means the account—
(A)
established under section 12(b)(2); and
(B)
described in subparagraph 12.4.3 of the Settlement Agreement.
(85)

San juan southern paiute tribe groundwater projects trust fund account
The term San Juan Southern Paiute Tribe Groundwater Projects Trust Fund Account means the account—
(A)
established under section 12(b)(1); and
(B)
described in subparagraph 12.4.1 of the Settlement Agreement.
(86)

San juan southern paiute tribe om&r trust fund account
The term San Juan Southern Paiute Tribe OM&R Trust Fund Account means the account—
(A)
established under section 12(b)(3); and
(B)
described in subparagraph 12.4.2 of the Settlement Agreement.
(87)

San juan southern paiute southern area
The term San Juan Southern Paiute Southern Area means the land depicted on the map attached as Exhibit 3.1.147 to the Settlement Agreement.
(88)

San juan southern paiute tribe
The term San Juan Southern Paiute Tribe means the San Juan Southern Paiute Tribe, a body politic and federally recognized Indian Tribe, as recognized by the Secretary in the notice of the Secretary entitled “Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs” (89 Fed. Reg. 944 (January 8, 2024)).
(89)

San juan southern paiute trust land
The term San Juan Southern Paiute Trust Land means land that—
(A)
is located in the State;
(B)
is located outside the exterior boundaries of the San Juan Southern Paiute Reservation; and
(C)
as of the Enforceability Date, is held in trust by the United States for the benefit of the San Juan Southern Paiute Tribe.
(90)

Secretary
The term Secretary means the Secretary of the Interior.
(91)

Settlement Agreement
The term Settlement Agreement means—
(A)
the Northeastern Arizona Indian Water Rights Settlement Agreement dated as of May 9, 2024; and
(B)
any exhibits attached to that agreement.
(92)

Sixth priority water
The term Sixth Priority Water has the meaning given the term in the Hopi Tribe Existing Cibola Contract.
(93)

State
The term State means the State of Arizona.
(94)

Surface water
(A)

In general
The term Surface Water means all water in the State that is appropriable under State law.
(B)

Exclusion
The term Surface Water does not include Colorado River Water.
(95)

Treaty
The term Treaty means the Articles of Treaty and Agreement entered into by the Navajo Nation and the San Juan Southern Paiute Tribe to settle land claims and other disputes, as executed on March 18, 2000.
(96)

Treaty addendum
The term Treaty Addendum means the Addendum to the Treaty entered into by the Navajo Nation and the San Juan Southern Paiute Tribe on May 7, 2004.
(97)

Tribe
The term Tribe means, individually, as applicable—
(A)
the Navajo Nation;
(B)
the Hopi Tribe; or
(C)
the San Juan Southern Paiute Tribe.
(98)

Tribes
The term Tribes means, collectively—
(A)
the Navajo Nation;
(B)
the Hopi Tribe; and
(C)
the San Juan Southern Paiute Tribe.
(99)

Underground water
(A)

In general
The term Underground Water means all water beneath the surface of the earth within the State, regardless of its legal characterization as appropriable or non-appropriable under Federal, State, or other law.
(B)

Exclusions
The term Underground Water does not include Colorado River Water or Effluent.
(100)

United States
(A)

In general
The term United States means the United States, acting as trustee for the Tribes, their Members, the Hopi Allottees, and the Navajo Allottees, except as otherwise expressly provided.
(B)

Clarification
When used in reference to a particular agreement or contract, the term United States means the United States acting in the capacity as described in that agreement or contract.
(101)

Upper basin
The term Upper Basin has the meaning given the term in article II(f) of the Colorado River Compact.
(102)

Upper basin Colorado river water
The term Upper Basin Colorado River Water means the 50,000 AFY of consumptive use of Colorado River Water apportioned to the State in the Upper Colorado River Basin Compact of 1948, as ratified and reprinted in article 3 of chapter 7 of title 45, Arizona Revised Statutes.
(103)

Use
The term Use means any beneficial use, including instream flow, recharge, storage, recovery, or any other use recognized as beneficial under applicable law.
(104)

Water
The term water, when used without a modifying adjective, means Groundwater, Surface Water, Colorado River Water, or Effluent.
(105)

Water right
The term Water Right means any right in or to Groundwater, Surface Water, Colorado River Water, or Effluent under Federal, State, or other law.
(106)

Well
The term well means a human-made opening in the earth through which Underground Water may be withdrawn or obtained.
(107)

Zuni Tribe
The term Zuni Tribe means the body politic and federally recognized Indian Tribe, as recognized by the Secretary in the notice of the Secretary entitled “Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs” (89 Fed. Reg. 944 (January 8, 2024)).
4.

Ratification and execution of the Northeastern Arizona Indian Water Rights Settlement Agreement
(a)

Ratification
(1)

In general
Except as modified by this Act and to the extent the Settlement Agreement does not conflict with this Act, the Settlement Agreement is authorized, ratified, and confirmed.
(2)

Amendments
If an amendment to the Settlement Agreement, or to any exhibit attached to the Settlement Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the 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 of Settlement Agreement
(1)

In general
To the extent the Settlement Agreement does not conflict with this Act, the Secretary shall execute the Settlement Agreement, including all exhibits to the Settlement Agreement requiring the signature of the Secretary.
(2)

Modifications
Nothing in this Act prohibits the Secretary from approving any modification to the Settlement Agreement, including any exhibit to the 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 Federal law.
(c)

Environmental compliance
(1)

In general
In implementing the Settlement Agreement (including all exhibits to the 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 Federal environmental laws and regulations.
(2)

Compliance
In implementing the Settlement Agreement and this Act, but excluding environmental compliance related to the iiná bá – paa tuwaqat’si pipeline, the applicable Tribe shall prepare any necessary environmental documents consistent 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 Federal environmental laws and regulations.
(d)

Authorizations
The Secretary shall—
(1)
independently evaluate the documentation submitted under subsection (c)(2); and
(2)
be responsible for the accuracy, scope, and contents of that documentation.
(e)

Effect of execution
The execution of the Settlement Agreement by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(f)

Costs
(1)

In general
Except as provided in paragraph (2), any costs associated with the performance of the compliance activities under subsection (c) shall be paid from funds deposited in the Navajo Nation Water Projects Trust Fund Account , the Hopi Tribe Groundwater Projects Trust Fund Account, or the San Juan Southern Paiute Tribe Groundwater Projects Trust Fund Account, as applicable, subject to the condition that any costs associated with the performance of Federal approval or other review of that compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary.
(2)

iiná bá – paa tuwaqat’si pipeline
Any costs associated with the performance of the compliance activities under subsection (c) relating to the iiná bá – paa tuwaqat’si pipeline shall be paid from funds deposited in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account.
5.

Water Rights
(a)

Confirmation of water rights
(1)

In general
The Water Rights of the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, the Navajo Allottees, and the Hopi Allottees as described in the Settlement Agreement are ratified, confirmed, and declared to be valid.
(2)

Use
Any use of water pursuant to the Water Rights described in paragraph (1) by the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, the Navajo Allottees, or the Hopi Allottees shall be subject to the terms and conditions of the Settlement Agreement and this Act.
(3)

Conflict
In the event of a conflict between the Settlement Agreement and this Act, this Act shall control.
(b)

Intent of Congress
It is the intent of Congress to provide to the Navajo Allottees benefits that are equivalent to, or exceed, the benefits the Navajo Allottees possess on the day before the date of enactment of this Act, taking into consideration—
(1)
the potential risks, cost, and time delay associated with litigation that would be resolved by the Settlement Agreement and this Act;
(2)
the availability of funding under this Act and from other sources;
(3)
the availability of water from the Water Rights of the Navajo Nation; and
(4)
the applicability of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this Act to protect the interests of the Navajo Allottees.
(c)

Water rights To be held in trust for the tribes, the navajo allottees, and the hopi allottees
The United States shall hold the following Water Rights in trust for the benefit of the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, the Navajo Allottees, and the Hopi Allottees:
(1)

Navajo nation and the navajo allottees
The United States shall hold the following Water Rights in trust for the benefit of the Navajo Nation and Navajo Allottees:
(A)
Underground Water described in subparagraph 4.2 of the Settlement Agreement.
(B)
Springs described in subparagraph 4.4 of the Settlement Agreement.
(C)
Little Colorado River tributary water described in subparagraph 4.5 of the Settlement Agreement.
(D)
Little Colorado River Mainstem water described in subparagraph 4.6 of the Settlement Agreement.
(E)
Navajo Nation Upper Basin Colorado River Water described in subparagraph 4.7 of the Settlement Agreement.
(F)
Navajo Nation Fourth Priority Water described in subparagraph 4.9 of the Settlement Agreement.
(G)
Water Rights appurtenant to or associated with land held in trust by the United States for the benefit of the Navajo Nation, as described in subparagraphs 4.12, 4.13, 4.15, and 4.16 of the Settlement Agreement.
(2)

Hopi tribe
The United States shall hold the following Water Rights in trust for the benefit of the Hopi Tribe:
(A)
Underground Water described in subparagraph 5.2 of the Settlement Agreement.
(B)
Surface Water described in subparagraph 5.4 of the Settlement Agreement.
(C)
Springs described in subparagraph 5.5 of the Settlement Agreement.
(D)
Hopi Tribe Upper Basin Colorado River Water described in subparagraph 5.7 of the Settlement Agreement.
(E)
Water Rights appurtenant to or associated with land held in trust by the United States for the benefit of the Hopi Tribe, as described in subparagraphs 5.10, 5.11, 5.12, and 5.13 of the Settlement Agreement.
(3)

San juan southern paiute tribe
The United States shall hold the following Water Rights in trust for the benefit of the San Juan Southern Paiute Tribe:
(A)
Underground Water described in subparagraph 6.2.3 of the Settlement Agreement.
(B)
Surface Water described in subparagraph 6.2.4 of the Settlement Agreement.
(C)
Springs described in subparagraph 6.2.6 of the Settlement Agreement.
(D)
Water Rights appurtenant to or associated with land held in trust by the United States for the benefit of the San Juan Southern Paiute Tribe, as described in subparagraphs 6.5 and 6.6 of the Settlement Agreement.
(4)

Hopi allottees
The United States shall hold the Water Rights described in subparagraph 5.9 of the Settlement Agreement in trust for the benefit of the Hopi Allottees.
(d)

Places of use
(1)

Navajo nation
The rights of the Navajo Nation, and the United States acting as trustee for the Navajo Nation, to the water described in subparagraphs 4.2, 4.4, 4.5, and 4.6 of the Settlement Agreement—
(A)
may be used anywhere on the Navajo Reservation or on off-Reservation land held in trust by the United States for the benefit of the Navajo Nation; but
(B)
may not be sold, leased, transferred, or in any way used off of the Navajo Reservation or off of land outside the Navajo Reservation that is held in trust by the United States for the benefit of the Navajo Nation.
(2)

Hopi tribe
The rights of the Hopi Tribe, and the United States acting as trustee for the Hopi Tribe, to the water described in subparagraphs 5.2, 5.4, and 5.5 of the Settlement Agreement—
(A)
may be used anywhere on the Hopi Reservation or on off-Reservation land held in trust by the United States for the benefit of the Hopi Tribe; but
(B)
may not be sold, leased, transferred, or in any way used off of the Hopi Reservation or off of land outside the Hopi Reservation that is held in trust by the United States for the benefit of the Hopi Tribe.
(3)

San juan southern paiute tribe
The rights of the San Juan Southern Paiute Tribe, and the United States acting as trustee for the San Juan Southern Paiute Tribe, to the water described in subparagraphs 6.2.3, 6.2.4, and 6.2.6 of the Settlement Agreement—
(A)
may be used on the San Juan Southern Paiute Southern Area or on land outside the San Juan Southern Paiute Southern Area that is held in trust by the United States for the benefit of the San Juan Southern Paiute Tribe; but
(B)
may not be sold, leased, transferred, or in any way used off of the San Juan Southern Paiute Southern Area or off of land outside the San Juan Southern Paiute Southern Area that is held in trust by the United States for the benefit of the San Juan Southern Paiute Tribe.
(e)

Nonuse, forfeiture, and abandonment
(1)

Navajo Nation and Navajo Allottees
Water Rights of the Navajo Nation and the Navajo Allottees described in subparagraphs 4.2, 4.4, 4.5, 4.6, 4.7, and 4.9 of the Settlement Agreement and Water Rights relating to land held in trust by the United States for the benefit of the Navajo Nation, as described in subparagraphs 4.12, 4.13, 4.15, and 4.16 of the Settlement Agreement, shall not be subject to loss by non-use, forfeiture, or abandonment.
(2)

Hopi Tribe
Water Rights of the Hopi Tribe described in subparagraphs 5.2, 5.4, 5.5, and 5.7 of the Settlement Agreement and Water Rights relating to land held in trust by the United States for the benefit of the Hopi Tribe, as described in subparagraphs 5.10, 5.11, 5.12, and 5.13 of the Settlement Agreement, shall not be subject to loss by non-use, forfeiture, or abandonment.
(3)

San Juan Southern Paiute Tribe
Water Rights of the San Juan Southern Paiute Tribe described in subparagraphs 6.2.3, 6.2.4, and 6.2.6 of the Settlement Agreement shall not be subject to loss by non-use, forfeiture, or abandonment.
(4)

Hopi Allottees
Water Rights of the Hopi Allottees described in subparagraph 5.9 of the Settlement Agreement shall not be subject to loss by non-use, forfeiture, or abandonment.
(f)

Navajo allottees
(1)

Applicability of the Act of February 8, 1887
Section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), shall apply to the Water Rights described in subsection (c)(1).
(2)

Entitlement to water
The rights of Navajo Allottees, and the United States acting as trustee for Navajo Allottees, to use water on Navajo Allotments located on the Navajo Reservation shall be satisfied solely from the Water Rights described in subsection (c)(1).
(3)

Allocations
A Navajo Allottee shall be entitled to a just and equitable distribution of water for irrigation purposes.
(4)

Claims
(A)

Exhaustion of remedies
Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), or any other applicable law, a Navajo Allottee shall exhaust remedies available under the Navajo Nation Water Code or other applicable Navajo law.
(B)

Action for relief
After the exhaustion of all remedies available under the Navajo Nation Water Code or other applicable Navajo law pursuant to subparagraph (A), a Navajo Allottee may seek relief under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), or other applicable law.
(5)

Authority of the Secretary
The Secretary may protect the rights of Navajo Allottees in accordance with this subsection.
(g)

Navajo nation water code
To the extent necessary, and subject to the approval of the Secretary, the Navajo Nation shall amend the Navajo Nation Water Code to provide—
(1)
that Use of water by Navajo Allottees shall be satisfied with water from the Water Rights described in subsection (c)(1);
(2)
a process by which a Navajo Allottee may request that the Navajo Nation provide water in accordance with the Settlement Agreement, including the provision of water under any Navajo Allottee lease under section 4 of the Act of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403);
(3)
a due process system for the consideration and determination by the Navajo Nation of any request of a Navajo Allottee (or a successor in interest to a Navajo Allottee) for an allocation of water on a Navajo Allotment, including a process for—
(A)
appeal and adjudication of any denied or disputed distribution of water; and
(B)
resolution of any contested administrative decision; and
(4)
a requirement that any Navajo Allottee asserting a claim relating to the enforcement of rights of the Navajo Allottee under the Navajo Nation Water Code, including to the quantity of water allocated to land of the Navajo Allottee, shall exhaust all remedies available to the Navajo Allottee under Navajo law before initiating an action against the United States or petitioning the Secretary pursuant to subsection (f)(4)(B).
(h)

Action by the Secretary
(1)

In general
During the period beginning on the date of enactment of this Act and ending on the date on which a Navajo Nation Water Code is amended pursuant to subsection (g), the Secretary shall administer, with respect to the rights of the Navajo Allottees, the Water Rights identified under subsection (c)(1).
(2)

Approval
The Navajo Nation Water Code amendments described in subsection (g) shall not be valid unless—
(A)
the amendments described in that subsection have been approved by the Secretary; and
(B)
each subsequent amendment to the Navajo Nation Water Code that affects the rights of a Navajo Allottee is approved by the Secretary.
(3)

Approval period
(A)

Approval period
Except as provided in subparagraph (B), the Secretary shall approve or disapprove the Navajo Nation Water Code amendments described in subsection (g) not later than 180 days after the date on which the amendments are submitted to the Secretary.
(B)

Extension
The deadline described in subparagraph (A) may be extended by the Secretary after consultation with the Navajo Nation.
(i)

Effect
Except as otherwise expressly provided in this section, nothing in this Act—
(1)
authorizes any action by a Navajo Allottee against any individual or entity, or against the Navajo Nation, under Federal, State, Tribal, or local law; or
(2)
alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code.
6.

Allocation and assignment of Colorado River Water to the Tribes; water delivery contracts
(a)

Allocation and assignment to the navajo nation and the hopi tribe
(1)

Allocation and assignment to the navajo nation
(A)

Navajo nation upper basin Colorado river water
(i)

State agreement
Pursuant to subparagraph 4.7.1 of the Settlement Agreement, the State has expressly agreed to the allocation described in clause (ii).
(ii)

Allocation
44,700 AFY of Upper Basin Colorado River Water is allocated to the Navajo Nation on the Enforceability Date.
(B)

Navajo nation cibola water
Pursuant to subparagraph 4.8.2 of the Settlement Agreement, the State has recommended the assignment of Navajo Nation Cibola Water by the Hopi Tribe to the Navajo Nation effective on the Enforceability Date.
(C)

Navajo nation fourth priority water
(i)

State recommendation
Pursuant to subparagraph 4.9.1 of the Settlement Agreement, the State has recommended the allocation described in clause (ii).
(ii)

Allocation
3,500 AFY of uncontracted Fourth Priority Water reserved for Use in a Navajo-Hopi Indian Water Rights settlement under paragraph 11.3 of the Arizona Water Settlement Agreement among the United States, the State, and CAWCD, as authorized by paragraphs (1) and (2) of section 106(a) of the Central Arizona Project Settlement Act of 2004 (Public Law 108–451; 118 Stat. 3492), is allocated to the Navajo Nation on the Enforceability Date.
(2)

Allocation to hopi tribe and amendment to cibola contract
(A)

Arizona hopi tribe upper basin Colorado river water
(i)

State agreement
Pursuant to subparagraph 5.7.1 of the Settlement Agreement, the State has expressly agreed to the allocation described in clause (ii).
(ii)

Allocation
2,300 AFY of Upper Basin Colorado River Water is allocated to the Hopi Tribe on the Enforceability Date.
(B)

Hopi tribe cibola water
Pursuant to subparagraph 5.8.1 of the Settlement Agreement, the State has recommended the amendment of the existing Hopi Tribe Cibola Contract to reduce the Fourth Priority Water diversion entitlement of the Hopi Tribe to 4,178 AFY, and to provide for additional Uses and places of Use of Hopi Tribe Cibola Water, effective on the Enforceability Date.
(b)

Colorado river water use and storage
(1)

In general
(A)

Navajo nation upper basin Colorado river water and hopi tribe upper basin colorado river water
Navajo Nation Upper Basin Colorado River Water and Hopi Tribe Upper Basin Colorado River Water may be used at any location within the State.
(B)

Navajo nation cibola water, navajo nation fourth priority water, and hopi tribe cibola water
Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, and Hopi Tribe Cibola Water may be used at any location within the State.
(C)

Storage in Arizona
(i)

In general
Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, and Hopi Tribe Cibola Water may be stored at underground storage facilities or Groundwater savings facilities located—
(I)
within the Navajo Reservation in accordance with Navajo law, or State law if mutually agreed to by the Navajo Nation and the State;
(II)
within the Hopi Reservation in accordance with Hopi law, or State law if mutually agreed to by the Hopi Tribe and the State;
(III)
on any other Indian reservation located in the State in accordance with applicable law; and
(IV)
within the State and outside of any Indian reservation in accordance with State law.
(ii)

Storage credits
(I)

In general
The Navajo Nation and the Hopi Tribe may assign any long-term storage credits accrued as a result of storage under clause (i) in accordance with applicable law.
(II)

Storage pursuant to Tribal law
Any water stored pursuant to Tribal law may only be recovered on the Indian reservation where the water was stored.
(D)

Transportation of water through the cap system
The Navajo Nation or the Hopi Tribe may transport Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, and Hopi Tribe Cibola Water through the CAP system for storage or Use in accordance with all laws of the United States and the agreements between the United States and CAWCD governing the Use of the CAP system to transport water other than CAP Water, subject to payment of applicable charges.
(2)

Storage in New Mexico
(A)

In general
The Navajo Nation may store its Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water at the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in New Mexico , subject to the condition that the water stored at the Navajo Reservoir or the Frank Chee Willetto, Sr. Reservoir is subsequently transported to the State for Use in the State.
(B)

Credit against Upper Basin Colorado River Water
(i)

In general
Any storage of Navajo Nation Upper Basin Colorado River Water in the Navajo Reservoir or the Frank Chee Willetto, Sr. Reservoir shall be credited against Upper Basin Colorado River Water in the year in which the diversions for storage in the Reservoir occurs.
(ii)

Accounting
Water described in clause (i) shall be accounted for and reported by the Secretary separately from any other water stored in the Navajo Reservoir or the Frank Chee Willetto, Sr. Reservoir.
(C)

Credit against State apportionment of Lower Basin Colorado River Water
(i)

In general
Any storage of Navajo Nation Cibola Water or Navajo Nation Fourth Priority Water in the Navajo Reservoir or the Frank Chee Willetto, Sr. Reservoir shall be credited against the apportionment of the State of Lower Basin Colorado River Water in the year in which the diversion for storage in the Navajo Reservoir or Frank Chee Willetto, Sr. Reservoir occurs.
(ii)

Accounting
Water described in clause (i) shall be accounted for and reported by the Secretary separately from any other water stored in the Navajo Reservoir or the Frank Chee Willetto, Sr. Reservoir.
(3)

No use outside Arizona
(A)

Navajo Nation
The Navajo Nation—
(i)
may divert its Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water in the State, New Mexico, and Utah; and
(ii)
with the exception of storage in the Navajo Reservoir and Frank Chee Willetto, Sr. Reservoir in New Mexico under paragraph (2), may not use, lease, exchange, forbear, or otherwise transfer any of the water for Use directly or indirectly outside of the State.
(B)

Hopi Tribe
The Hopi Tribe—
(i)
may divert its Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water in the State; and
(ii)
may not use, lease, exchange, forbear, or otherwise transfer any of the water described in clause (i) for Use directly or indirectly outside of the State.
(4)

Storage contract requirements
(A)

In general
All contracts to store Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water or Hopi Tribe Cibola Water shall identify—
(i)
the place of storage of the water;
(ii)
the mechanisms for delivery of the water; and
(iii)
each point of diversion under the applicable contract.
(B)

Conflicts
A contract to store Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, or Hopi Tribe Cibola Water shall not conflict with the Settlement Agreement or this Act.
(c)

Water delivery contracts
The Secretary shall enter into the following water delivery contracts, which shall be without limit as to term:
(1)

Navajo nation water delivery contracts for navajo nation upper basin Colorado river water
(A)

In general
The Secretary shall enter into a water delivery contract with the Navajo Nation for Navajo Nation Upper Basin Colorado River Water in accordance with the Settlement Agreement, which shall provide for, among other things—
(i)
the delivery of up to 44,700 AFY of Navajo Nation Upper Basin Colorado River Water;
(ii)
1 or more points of diversion in the State, New Mexico, and Utah;
(iii)
1 or more storage locations at any place within the State and in the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in New Mexico;
(iv)
Use at any location within the State; and
(v)
delivery of Navajo Nation Upper Basin Colorado River Water to the Navajo Nation’s lessees and exchange partners in the Upper Basin and the Lower Basin within the State.
(B)

Existing water service contract
(i)

In general
Water Service Contract No. 09–WC–40–318 between the United States and the Navajo Nation dated December 23, 2009, for the delivery of up to 950 AFY of water from Lake Powell to the Navajo Nation for municipal and industrial Use within the Community of LeChee shall be replaced with a Navajo Nation Water Delivery Contract for the delivery of Navajo Nation Upper Basin Colorado River Water that complies with subparagraph (A).
(ii)

Termination
As provided in the Settlement Agreement, on the Enforceability Date, the water service contract described in clause (i) shall terminate.
(2)

Navajo nation water delivery contract for navajo nation cibola water
The Secretary shall enter into a water delivery contract with the Navajo Nation for the Navajo Nation Cibola Water in accordance with the Settlement Agreement, which shall provide for, among other things—
(A)
(i)
the diversion of up to 100 AFY at the location and for the same Uses described in the Hopi Tribe Existing Cibola Contract; or
(ii)
delivery and consumptive use of up to 71.5 AFY at locations and for Uses within the State other than as described in the Hopi Tribe Existing Cibola Contract;
(B)
1 or more points of diversion in the State, New Mexico, and Utah;
(C)
storage in any location within the State and in the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in New Mexico;
(D)
Use at any location within the State;
(E)
delivery of Navajo Nation Cibola Water to the Navajo Nation’s lessees and exchange partners in the Upper Basin and the Lower Basin within the State; and
(F)
curtailment as provided in subsection (e).
(3)

Navajo nation water delivery contract for navajo nation fourth priority water
The Secretary shall enter into a water delivery contract with the Navajo Nation for Navajo Nation Fourth Priority Water in accordance with the Settlement Agreement, which shall provide for, among other things—
(A)
delivery of up to 3,500 AFY of Navajo Nation Fourth Priority Water;
(B)
1 or more points of diversion in the State, New Mexico, and Utah;
(C)
storage in any location within the State and in the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in New Mexico;
(D)
Use at any location within the State;
(E)
delivery of Navajo Nation Fourth Priority Water to the Navajo Nation’s lessees and exchange partners in the Upper Basin and the Lower Basin within the State; and
(F)
curtailment as provided in subsection (e).
(4)

Hopi tribe delivery contracts for hopi tribe upper basin Colorado river water
The Secretary shall enter into a water delivery contract with the Hopi Tribe for Hopi Tribe Upper Basin Colorado River Water in accordance with the Settlement Agreement, which shall provide for, among other things—
(A)
the delivery of up to 2,300 AFY of Hopi Tribe Upper Basin Colorado River Water;
(B)
1 or more points of diversion in the State, including Lake Powell;
(C)
1 or more storage locations at any place within the State;
(D)
Use at any location within the State; and
(E)
delivery of Hopi Tribe Upper Basin Colorado River Water to the Hopi Tribe’s lessees and exchange partners in the Upper Basin and the Lower Basin within the State.
(5)

Hopi tribe water delivery contract for hopi tribe cibola water
The Secretary shall enter into a water delivery contact with the Hopi Tribe for Hopi Tribe Cibola Water in accordance with the Settlement Agreement, which shall provide for, among other things—
(A)
the delivery of up to 4,178 AFY of Fourth Priority water, 750 AFY of Fifth Priority Water, and 1,000 AFY of Sixth Priority Water;
(B)
1 or more points of diversion in the State, including Lake Powell;
(C)
storage in any location within the State;
(D)
Use at any location within the State, consistent with subparagraph 5.8.3 of the Settlement Agreement;
(E)
delivery of Hopi Tribe Cibola Water to the Hopi Tribe’s lessees and exchange partners in the Upper Basin and Lower Basin within the State; and
(F)
curtailment as provided in subsection (e).
(d)

Requirements and limitations applicable to water delivery contracts
The Navajo Nation Water Delivery Contracts and Hopi Tribe Water Delivery Contracts shall be subject to the following requirements and limitations:
(1)
Except for storage by the Navajo Nation at the Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir in New Mexico, a water delivery contract shall not permit the Use of the water outside of the State.
(2)
A water delivery contract shall not, either temporarily or permanently, alter or reduce the annual Lower Basin apportionment of the State pursuant to the Boulder Canyon Project Act (43 U.S.C. 617 et seq.) and the Decree, or annual Upper Basin apportionment pursuant to the Upper Colorado River Basin Compact, as ratified and reprinted in article 3 of chapter 7 of title 45, Arizona Revised Statutes.
(3)
Nothing in a water delivery contract shall alter or impair the rights, authorities, and interests of the State under the Boulder Canyon Project Act (43 U.S.C. 617 et seq.), the contract between the United States and the State dated February 9, 1944, the Upper Colorado River Basin Compact of 1948, as ratified and reprinted in article 3 of chapter 7 of title 45, Arizona Revised Statutes, or the Decree.
(4)
A water delivery contract shall not limit the ability of the State to seek or advocate changes in the operating rules, criteria, or guidelines of the Colorado River System as those rules, criteria, or guidelines apply to the apportionments of the State from the Upper Basin and the Lower Basin of the Colorado River.
(5)
In the event that a water delivery contract will result in the delivery of Upper Basin Colorado River Water to the Lower Basin or Lower Basin Colorado River Water to the Upper Basin, the Secretary shall confer with the State prior to executing that water delivery contract with respect to—
(A)
the impact of the water deliveries on the availability of Upper Basin or Lower Basin Colorado River Water within the State;
(B)
the annual accounting conducted by the Bureau for the water on the Colorado River apportionments of the State in the Upper Basin and Lower Basin; and
(C)
as appropriate, the impact of the water deliveries on the operations of the Central Arizona Project.
(6)
A water delivery contract shall identify—
(A)
the place of Use of the water;
(B)
the purpose of the Use of the water during the term of the contract;
(C)
the mechanism for delivery of the water; and
(D)
each point of diversion under the contract.
(7)
A water delivery contract shall not prejudice the interests of the State, or serve as precedent against the State, in any litigation relating to the apportionment, diversion, storage, or Use of water from the Colorado River System.
(8)
In the case of a conflict between a water delivery contract and this Act or the Settlement Agreement, this Act or the Settlement Agreement shall control.
(9)
Any material amendment or modification of a water delivery contract shall comply with, and be subject to, all requirements and limitations for the water delivery contract, as described in the Settlement Agreement and this Act.
(10)
A water delivery contract shall become effective on the Enforceability Date and, once effective, shall be permanent and without limit as to term.
(11)
The United States shall waive Colorado River Storage Project standby charges and delivery charges and annual administration fees for water delivered pursuant to a water delivery contract.
(e)

Curtailment
(1)

Navajo nation cibola water and navajo nation fourth priority water
Delivery of Navajo Nation Cibola Water and Navajo Nation Fourth Priority Water, regardless of the point of diversion, shall be subject to reduction in any year in which a shortage is declared to the same extent as other non-CAP Fourth Priority Water.
(2)

Other lower basin Colorado river water acquired by the navajo nation
Any other Lower Basin Colorado River Water that the Navajo Nation may acquire shall be subject to reduction in any year in which a shortage is declared in accordance with criteria applied by the Secretary to water of the same priority.
(3)

Hopi tribe cibola water
(A)

Fourth priority
Delivery of Hopi Tribe Cibola Water of fourth priority, regardless of the point of diversion, shall be subject to reduction in any year in which a shortage is declared to the same extent as other non-CAP Fourth Priority Water.
(B)

Fifth priority
Delivery of Hopi Tribe Cibola Water of fifth priority, regardless of the point of diversion, shall be subject to reduction in any year in which a shortage is declared to the same extent as other Fifth Priority Water.
(4)

Other lower basin Colorado river water acquired by the hopi tribe
Any other Lower Basin Colorado River Water that the Hopi Tribe may acquire shall be subject to reduction in any year in which a shortage is declared in accordance with criteria applied by the Secretary to water of the same priority.
(f)

Use of the Colorado river mainstream and san juan river
(1)

In general
The Secretary may use—
(A)
the Colorado River mainstream and dams and works on the mainstream controlled or operated by the United States, which regulate the flow of water in the mainstream or the diversion of water from the mainstream in the Upper Basin or the Lower Basin to transport and deliver Navajo Nation Upper Basin Colorado River Water, Hopi Tribe Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, and Hopi Tribe Cibola Water; and
(B)
the San Juan River and the dams and works described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settlement Agreement to transport, store, and deliver Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water.
(2)

Navajo Nation Upper Basin Colorado River Water; Hopi Tribe Upper Basin Colorado River Water
Navajo Nation Upper Basin Colorado River Water or Hopi Tribe Upper Basin Colorado River Water that enters the Lower Basin at Lee Ferry shall—
(A)
retain its character as Upper Basin Colorado River Water; and
(B)
be accounted for separately by the Secretary in a manner such that the Navajo Nation Upper Basin Colorado River Water or the Hopi Tribe Upper Basin Colorado River Water is not subject to paragraphs II(A) and II(B) of the Decree.
(3)

San Juan River
Navajo Nation Upper Basin Colorado River Water that enters the San Juan River and the dams and works described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settlement Agreement shall retain its character as Upper Basin Colorado River Water, but if Navajo Nation Upper Basin Colorado River Water spills from dams on the San Juan River described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settlement Agreement, that water shall become part of the San Juan River system.
(g)

Acquisitions of energy
Amounts of energy needed to deliver water to the Navajo Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe shall be acquired by the Tribes.
(h)

Reporting by navajo nation and hopi tribe
(1)

Navajo nation
(A)

In general
Beginning on March 1 of the first year following the year in which the Enforceability Date occurs, and on March 1 of each year thereafter, the Navajo Nation shall submit to the Arizona Department of Water Resources a report describing—
(i)
the annual diversion amount, point of diversion, and places of Use of Navajo Nation Upper Basin Colorado River Water;
(ii)
the annual diversion amount, point of diversion, and places of Use of Navajo Nation Cibola Water;
(iii)
the annual diversion amount, point of diversion, and places of Use of Navajo Nation Fourth Priority Water;
(iv)
the location and annual amount of any off-Reservation storage of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water;
(v)
the amount of an off-Reservation exchange involving Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water; and
(vi)
the location and annual amount of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water leased off-Reservation.
(B)

Measurement of diverted water
(i)

In general
In order to accurately measure the flow of water diverted in the Upper Basin for Use by the Navajo Nation in the State, the Navajo Nation shall install suitable measuring devices at or near each point of diversion of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water from the Colorado River’s mainstem in the Upper Basin and the San Juan River in the Upper Basin.
(ii)

Notification
The Navajo Nation shall notify the Arizona Department of Water Resources, in writing, of any annual reporting conflicts between the Bureau, the Navajo Nation, or the Upper Colorado River Commission prior to the completion by the Bureau of the annual “Colorado River Accounting and Water Use Report for the Lower Basin”.
(2)

Hopi tribe
(A)

In general
Beginning on March 1 of the first year following the year in which the Enforceability Date occurs, and on March 1 of each year thereafter, the Hopi Tribe shall submit to the Arizona Department of Water Resources a report describing—
(i)
the annual diversion amount, point of diversion, and places of Use of Hopi Tribe Upper Basin Colorado River Water;
(ii)
the annual diversion amount, point of diversion, and places of Use of Hopi Tribe Cibola Water;
(iii)
the location and annual amount of any off-Reservation storage of Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water;
(iv)
the amount of an off-Reservation exchange involving Hopi Tribe Upper Basin Colorado River Water or Hopi Tribe Cibola Water; and
(v)
the location and annual amount of Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water leased off-Reservation.
(B)

Measurement of diverted water
(i)

In general
In order to accurately measure the flow of water diverted in the Upper Basin for Use by the Hopi Tribe in the State, the Hopi Tribe shall install suitable measuring devices at or near each point of diversion of Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water from the Colorado River’s mainstem in the Upper Basin.
(ii)

Notification
The Hopi Tribe shall notify the Arizona Department of Water Resources, in writing, of any annual reporting conflicts between the Bureau, the Hopi Tribe, or the Upper Colorado River Commission prior to the completion by the Bureau of the annual “Colorado River Accounting and Water Use Report for the Lower Basin”.
7.

Colorado River Water leases and exchanges; Uses
(a)

In general
Subject to approval by the Secretary—
(1)
the Navajo Nation may enter into leases, or options to lease, or exchanges, or options to exchange, Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water, for Use and storage in the State, in accordance with the Settlement Agreement and all applicable Federal and State laws governing the transfer of Colorado River Water entitlements within the State; and
(2)
the Hopi Tribe may enter into leases, or options to lease, or exchanges, or options to exchange, Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water for Use and storage in the State, in accordance with the Settlement Agreement and all applicable Federal and State laws governing the transfer of Colorado River Water entitlements within the State.
(b)

Terms of leases and exchanges
(1)

On-reservation leasing
(A)

In general
The Navajo Nation may lease the Navajo Nation Upper Basin Colorado River Water, the Navajo Nation Cibola Water, and the Navajo Nation Fourth Priority Water for Use or storage on the Navajo Reservation and the Hopi Tribe may lease Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water for Use or storage on the Hopi Reservation.
(B)

Requirements
A lease or option to lease under subparagraph (A) shall be subject to—
(i)
the leasing regulations of the Navajo Nation or Hopi Tribe, as applicable; and
(ii)
subsections (a) and (e) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415) (commonly known as the “Long-Term Leasing Act”).
(2)

Exchanges and off-reservation leasing
(A)

Navajo nation leasing
Subject to approval by the Secretary for an off-Reservation lease, the Navajo Nation may lease Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, and Navajo Nation Fourth Priority Water for Use or storage off of the Navajo Reservation anywhere within the State, in accordance with the Settlement Agreement and all applicable Federal and State laws governing the transfer of Colorado River Water within the State.
(B)

Hopi tribe leasing
Subject to approval by the Secretary for an off-Reservation lease, the Hopi Tribe may lease Hopi Tribe Upper Basin Colorado River Water and Hopi Tribe Cibola Water for Use or storage off of the Hopi Reservation anywhere within the State, in accordance with the Settlement Agreement and all applicable Federal and State laws governing the transfer of Colorado River Water within the State.
(C)

Term of leases and exchanges
(i)

Leases
A contract to lease and an option to lease off of the Reservation under subparagraph (A) or (B), as applicable, shall be for a term not to exceed 100 years.
(ii)

Exchanges
An exchange or option to exchange shall be for the term provided for in the exchange or option, as applicable.
(D)

Renegotiation; renewal
The Navajo Nation and the Hopi Tribe may, with the approval of the Secretary, renegotiate any lease described in subparagraph (A) or (B), as applicable, at any time during the term of that lease, subject to the condition that the term of the renegotiated lease off of the Reservation may not exceed 100 years.
(3)

Requirements for all contracts to lease and contracts to exchange
All contracts to lease or exchange Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Colorado River Water, and Hopi Tribe Cibola Water shall—
(A)
identify the places of Use of the water, the purpose of the Uses of the water during the term of the contract, the mechanisms for delivery of the water, and each point of diversion under the contract; and
(B)
provide that the water received from the Navajo Nation or the Hopi Tribe, as applicable, shall be used in accordance with applicable law.
(4)

No conflict with Settlement Agreement or this Act
A contract to lease or exchange Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, or Hopi Tribe Cibola Water shall not conflict with the Settlement Agreement or this Act.
(c)

Prohibition on permanent alienation
No Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, or Hopi Tribe Cibola Water may be permanently alienated.
(d)

Entitlement to lease and exchange monies
(1)

Entitlement
The Navajo Nation or the Hopi Tribe, as applicable, shall be entitled to all consideration due to the Navajo Nation or Hopi Tribe under any lease, option to lease, exchange, or option to exchange Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, or Hopi Tribe Cibola Water entered into by the Navajo Nation or the Hopi Tribe.
(2)

Exclusion
The United States shall not, in any capacity, be entitled to the consideration described in paragraph (1).
(3)

Obligation of the 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 Navajo Nation or the Hopi Tribe as consideration under any lease, option to lease, exchange, or option to exchange Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, and Hopi Tribe Cibola Water entered into by the Navajo Nation or the Hopi Tribe.
(e)

Delivery of Colorado river water to lessees
All lessees of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, and Hopi Tribe Cibola Water shall pay all OM&R charges, all energy charges, and all other applicable charges associated with the delivery of the leased water.
(f)

Delivery of Colorado river water through the CAP system
(1)

Cawcd approval
The Navajo Nation, the Hopi Tribe, or any person who leases Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, and Hopi Tribe Cibola Water under subsection (a) may transport that Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, or Hopi Tribe Cibola Water, as applicable, through the CAP system in accordance with all laws of the United States and the agreements between the United States and CAWCD governing the use of the CAP system to transport water other than CAP water, and other applicable charges.
(2)

Lessee responsibility for charges
Any lease or option to lease providing for the temporary delivery of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, and Hopi Tribe Cibola Water through the CAP system 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, and other applicable charges.
(3)

No responsibility for payment
The Navajo Nation, the Hopi Tribe, and the United States acting in any capacity shall not be responsible for the payment of any charges associated with the delivery of Colorado River Water leased to others.
(4)

Payment in advance
No leased Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, or Hopi Tribe Cibola Water shall be delivered through the CAP system unless the CAP fixed OM&R charges, the CAP pumping energy charges, and other applicable charges associated with the delivery of that Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, or Hopi Tribe Cibola Water, as applicable, have been paid in advance.
(5)

Calculation
The charges for delivery of Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, and Hopi Tribe Cibola Water delivered through the CAP system pursuant to a lease shall be calculated in accordance with the agreements between the United States and CAWCD governing the use of the CAP system to transport water other than CAP water.
8.

iiná bá – paa tuwaqat’si pipeline
(a)

iiná bá – paa tuwaqat’si pipeline
(1)

Planning, design, and construction of the iiná bá – paa tuwaqat’si pipeline
(A)

In general
The Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct the iiná bá – paa tuwaqat’si pipeline.
(B)

Project Construction Committee
As provided in subparagraph 12.1.4 of the Settlement Agreement, the Secretary shall form a Project Construction Committee, which shall include the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, for purposes of planning and designing the iiná bá – paa tuwaqat’si pipeline to provide water delivery to the Navajo Reservation, the Hopi Reservation, and the San Juan Southern Paiute Southern Area.
(C)

Design
The iiná bá – paa tuwaqat’si pipeline shall be substantially configured as Alternative 5, Option B-100 described in the report of the Bureau entitled “Navajo-Hopi Value Planning Study—Arizona” and dated October 2020.
(D)

Existing components
The iiná bá – paa tuwaqat’si pipeline may include components that have already been built or acquired by the Navajo Nation or the Hopi Tribe as a contribution by the Navajo Nation or the Hopi Tribe towards the cost of planning, designing, and constructing the pipeline.
(E)

Use of pipeline
The iiná bá – paa tuwaqat’si pipeline shall deliver potable water for domestic, commercial, municipal, and industrial Uses and be capable of delivering from Lake Powell—
(i)
up to 7,100 AFY of potable Colorado River Water to the Navajo Nation for Use in delivering up to 6,750 AFY to serve Navajo communities and up to 350 AFY to serve the San Juan Southern Paiute Southern Area; and
(ii)
up to 3,076 AFY of potable Colorado River Water to the Hopi Tribe for Use in delivering up to 3,076 AFY to serve Hopi communities.
(F)

Commencement of construction
Construction of the iiná bá – paa tuwaqat’si pipeline shall commence after environmental compliance, design, construction phasing, cost estimating, and value engineering have occurred and the phasing of construction has been agreed by the Secretary, the Navajo Nation, and the Hopi Tribe, with the Secretary deciding on phasing if an agreement is not reached.
(2)

Ownership
(A)

In general
The iiná bá – paa tuwaqat’si pipeline shall be owned by the United States during construction of the iiná bá – paa tuwaqat’si pipeline.
(B)

Transfer of ownership
On substantial completion of all or a phase of the iiná bá – paa tuwaqat’si pipeline, in accordance with paragraph (3), the Secretary shall—
(i)
transfer title to the applicable section of the iiná bá – paa tuwaqat’si pipeline on the Navajo Reservation, except that section that lies on the Navajo Reservation between Moenkopi and the boundary of the 1882 Reservation, to the Navajo Nation; and
(ii)
transfer title to the applicable section of the iiná bá – paa tuwaqat’si pipeline on the Hopi Reservation, and the section of the iiná bá – paa tuwaqat’si pipeline that lies on the Navajo Reservation between Moenkopi and the boundary of the 1882 Reservation and the right-of-way for that section of the iiná bá – paa tuwaqat’si pipeline, to the Hopi Tribe.
(3)

Substantial completion
(A)

In general
The Secretary shall determine that the iiná bá – paa tuwaqat’si pipeline or a phase of the iiná bá – paa tuwaqat’si pipeline is substantially complete after consultation with the Navajo Nation and the Hopi Tribe.
(B)

Substantial completion described
Substantial completion of the iiná bá – paa tuwaqat’si pipeline project or a phase of the iiná bá – paa tuwaqat’si pipeline project occurs when the infrastructure constructed is capable of storing, diverting, treating, transmitting, and distributing a supply of water as set forth in the final project design described in subsection (a)(1)(C).
(4)

Operation
(A)

Project Operation Committee
The Secretary shall form a Project Operation Committee, which shall include the Navajo Nation and the Hopi Tribe—
(i)
to develop a project operations agreement to be executed by the Navajo Nation, the Hopi Tribe, and the Secretary prior to substantial completion of any phase of the iiná bá – paa tuwaqat’si pipeline that will provide water to the Navajo Nation and the Hopi Tribe; and
(ii)
to describe all terms and conditions necessary for long-term operations of the iiná bá – paa tuwaqat’si pipeline, including—
(I)
distribution of water;
(II)
responsibility for maintenance of the iiná bá – paa tuwaqat’si pipeline or section of the iiná bá – paa tuwaqat’si pipeline;
(III)
the allocation and payment of annual OM&R costs of the iiná bá – paa tuwaqat’si pipeline or section of the iiná bá – paa tuwaqat’si pipeline based on the proportionate uses and ownership of the iiná bá – paa tuwaqat’si pipeline; and
(IV)
a right to sue in a district court of the United States to enforce the project operations agreement.
(B)

Navajo Tribe operation
The Navajo Nation shall operate the section of the iiná bá – paa tuwaqat’si pipeline that delivers water to the Navajo communities, other than Coal Mine Mesa, and that may deliver water through the iiná bá – paa tuwaqat’si pipeline to the San Juan Southern Paiute Tribe.
(C)

Hopi Tribe operation
The Hopi Tribe shall operate the section of the iiná bá – paa tuwaqat’si pipeline that delivers water to Moenkopi, the 1882 Reservation, and the Navajo community of Coal Mine Mesa.
(b)

Tribal easements and rights-of-way
(1)

In general
In partial consideration for the funding provided under section 13, the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe shall each timely consent to the grant of rights-of-way as described in, and in accordance with, subparagraphs 12.5.1, 12.5.2, and 12.5.3 of the Settlement Agreement.
(2)

Legal devices
With the consent of each affected Tribe, the Secretary may enter into legal devices, other than rights-of-way, such as construction corridors, when operating within the jurisdiction of the Navajo Nation, Hopi Tribe, or San Juan Southern Paiute Tribe in furtherance of the planning, design, and construction of the iiná bá – paa tuwaqat’si pipeline.
(3)

Authorization and granting of rights-of-way
The Secretary shall grant the rights-of-way consented to by the Tribes under paragraph (1).
9.

iiná bá – paa tuwaqat’si pipeline Implementation Fund Account
(a)

Establishment
The Secretary shall establish a non-trust, interest-bearing account, to be known as the “iiná bá – paa tuwaqat’si pipeline Implementation Fund Account”, to be managed and distributed by the Secretary, for use by the Secretary in carrying out this Act.
(b)

Deposits
The Secretary shall deposit in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account the amounts made available pursuant to section 13(a)(1).
(c)

Uses
The iiná bá – paa tuwaqat’si pipeline Implementation Fund Account shall be used by the Secretary to carry out section 8.
(d)

Interest
In addition the amounts deposited in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account under subsection (b), any investment earnings, including interest credited to amounts unexpended in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account, are authorized to be appropriated to be used in accordance with the uses described in subsection (c).
10.

Navajo Nation Water Settlement Trust Fund
(a)

Establishment
The Secretary shall establish a trust fund for the Navajo Nation, to be known as the “Navajo Nation Water Settlement Trust Fund,” 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 Navajo Nation Water Settlement Trust Fund under subsection (c), together with any investment earnings, including interest, earned on those amounts, for the purpose of carrying out this Act.
(b)

Accounts
The Secretary shall establish in the Navajo Nation Water Settlement Trust Fund the following accounts:
(1)
The Navajo Nation Water Projects Trust Fund Account.
(2)
The Navajo Nation OM&R Trust Fund Account.
(3)
The Navajo Nation Agricultural Conservation Trust Fund Account.
(4)
The Navajo Nation Renewable Energy Trust Fund Account.
(5)
The Navajo Nation Lower Basin Colorado River Water Acquisition Trust Fund Account.
(c)

Deposits
The Secretary shall deposit—
(1)
in the Navajo Nation Water Projects Trust Fund Account, the amounts made available pursuant to subparagraph (A)(i) of section 13(b)(3);
(2)
in the Navajo Nation OM&R Trust Fund Account, the amounts made available pursuant to subparagraph (A)(ii) of that section;
(3)
in the Navajo Nation Agricultural Conservation Trust Fund Account, the amounts made available pursuant to subparagraph (A)(iii) of that section;
(4)
in the Navajo Nation Renewable Energy Trust Fund Account, the amounts made available pursuant to subparagraph (A)(iv) of that section; and
(5)
in the Navajo Nation Lower Basin Colorado River Water Acquisition Trust Fund Account, the amounts made available pursuant to subparagraph (A)(v) of that section.
(d)

Management and interest
(1)

Management
On receipt and deposit of the funds into the accounts in the Navajo Nation Water Settlement Trust Fund Accounts pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Navajo Nation Water Settlement Trust Fund in a manner that is consistent with the investment authority of the Secretary under—
(A)
the first section of the Act of June 24, 1938 (25 U.S.C. 162a);
(B)
the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C)
this subsection.
(2)

Investment earnings
In addition to the deposits made to the Navajo Nation Water Settlement Trust Fund under subsection (c), any investment earnings, including interest, credited to amounts held in the Navajo Nation Water Settlement Trust Fund are authorized to be appropriated to be used in accordance with subsection (f).
(e)

Withdrawals
(1)

American indian trust fund management reform Act of 1994
(A)

In general
The Navajo Nation may withdraw any portion of the amounts in the Navajo Nation Water Settlement Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Navajo Nation in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B)

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 paragraph shall require that the Navajo Nation spend all amounts withdrawn from the Navajo Nation Water Settlement Trust Fund, and any investment earnings accrued through the investments under the Tribal management plan, in accordance with this Act.
(C)

Enforcement
The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary—
(i)
to enforce a Tribal management plan; and
(ii)
to ensure that amounts withdrawn from the Navajo Nation Water Settlement Trust Fund by the Navajo Nation under this paragraph are used in accordance with this Act.
(2)

Expenditure plan
(A)

In general
The Navajo Nation may submit to the Secretary a request to withdraw funds from the Navajo Nation Water Settlement Trust Fund pursuant to an approved expenditure plan.
(B)

Requirements
To be eligible to withdraw funds under an expenditure plan under this paragraph, the Navajo Nation shall submit to the Secretary for approval an expenditure plan for any portion of the Navajo Nation Water Settlement Trust Fund that the Navajo Nation elects to withdraw pursuant to this paragraph, subject to the condition that the funds shall be used for the purposes described in this Act.
(C)

Inclusions
An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Navajo Nation Water Settlement Trust Fund Accounts will be used by the Navajo Nation in accordance with subsection (f).
(D)

Approval
On receipt of an expenditure plan under this paragraph, the Secretary shall approve the expenditure plan if the Secretary determines that the expenditure plan—
(i)
is reasonable; and
(ii)
is consistent with, and will be used for, the purposes of this Act.
(E)

Enforcement
The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan under this paragraph to ensure that amounts disbursed under this paragraph are used in accordance with this Act.
(f)

Uses
Amounts from the Navajo Nation Water Settlement Trust Fund shall be used by the Navajo Nation for the following purposes:
(1)

Navajo nation water projects trust fund account
Amounts in the Navajo Nation Water Projects Trust Fund Account may only be used for the purpose of environmental compliance, planning, engineering activities, and construction of projects designed to deliver potable water to communities, such as Leupp, Dilkon, Ganado, Black Mesa, Sweetwater, Chinle, Lupton/Nahata Dziil Area, Kayenta, and Oljato.
(2)

Navajo nation om&r trust fund account
Amounts in the Navajo Nation OM&R Trust Fund Account may only be used to pay OM&R costs of the Navajo Water projects described in paragraph (1) and the iiná bá – paa tuwaqat’si pipeline project.
(3)

Navajo nation agricultural conservation trust fund account
(A)

In general
Subject to subparagraph (B), amounts in the Navajo Nation Agricultural Conservation Trust Fund Account may only be used to pay the costs of improvements to reduce water shortages on the historically irrigated land of the Navajo Nation, including sprinklers, drip or other efficient irrigation systems, land leveling, wells, pipelines, pumps and storage, stream bank stabilization and restoration, pasture seeding and management, fencing, wind breaks, and alluvial wells.
(B)

Limitation
Not more than half of the amounts in the Navajo Nation Agricultural Conservation Trust Fund Account may be used for replacement and development of livestock wells and impoundments on the Navajo Reservation and Navajo Trust Land.
(4)

Navajo nation renewable energy trust fund account
Amounts in the Navajo Nation Renewable Energy Trust Fund Account may only be used to pay the cost of planning, designing, and constructing renewable energy facilities to support the costs of operating the Navajo Nation Water projects and the iiná bá – paa tuwaqat’si pipeline.
(5)

Navajo nation lower basin Colorado river water acquisition trust fund account
Amounts in the Navajo Nation Lower Basin Colorado River Water Acquisition Trust Fund Account may only be used to purchase land within the State and associated Lower Basin Colorado River Water Rights.
(g)

Liability
The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Navajo Nation Water Settlement Trust Fund by the Navajo Nation pursuant to subsection (e).
(h)

Title to infrastructure
Title to, control over, and operation of any project constructed using funds from the Navajo Nation Water Settlement Trust Fund shall remain in the Navajo Nation.
(i)

Account transfers
If the activities described in any of paragraphs (1) through (5) of subsection (f) are complete and amounts remain in the applicable Trust Fund Account described in those paragraphs, the Secretary, at the request of the Navajo Nation, shall transfer the remaining amounts to one of the other accounts within the Navajo Nation Water Settlement Trust Fund.
(j)

Contributions to the iiná bá – paa tuwaqat’si pipeline
In its sole discretion, the Navajo Nation may use amounts in the Navajo Nation Water Settlement Trust Fund to supplement funds in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account.
(k)

Annual report
The Navajo Nation shall submit to the Secretary an annual expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan approved under paragraph (1) of subsection (e) or an expenditure plan approved under paragraph (2) of that subsection.
(l)

No per capita payments
No principal or interest amount in any account established by this section shall be distributed to any member of the Navajo Nation on a per capita basis.
(m)

Effect
Nothing in this section entitles the Navajo Nation to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under paragraph (1) of subsection (e) or an expenditure plan under paragraph (2) of that subsection, except as provided under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”).
11.

Hopi Tribe Settlement Trust Fund
(a)

Establishment
The Secretary shall establish a trust fund for the Hopi Tribe, to be known as the “Hopi Tribe Water Settlement Trust Fund”, 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 Hopi Tribe Water Settlement Trust Fund under subsection (c), together with any investment earnings, including interest, earned on those amounts, for the purpose of carrying out this Act.
(b)

Accounts
The Secretary shall establish in the Hopi Tribe Water Settlement Trust Fund the following accounts:
(1)
The Hopi Tribe Groundwater Projects Trust Fund Account.
(2)
The Hopi Tribe OM&R Trust Fund Account.
(3)
The Hopi Tribe Agricultural Conservation Trust Fund Account.
(4)
The Hopi Tribe Lower Basin Colorado River Water Acquisition Trust Fund Account.
(c)

Deposits
The Secretary shall deposit—
(1)
in the Hopi Tribe Groundwater Projects Trust Fund Account, the amounts made available pursuant to clause (i) of section 13(b)(3)(B);
(2)
in the Hopi Tribe OM&R Trust Fund Account, the amounts made available pursuant to clause (ii) of that section;
(3)
in the Hopi Tribe Agricultural Conservation Trust Fund Account, the amounts made available pursuant to clause (iii) of that section; and
(4)
in the Hopi Tribe Lower Basin Colorado River Water Acquisition Trust Fund Account, the amounts made available pursuant to clause (iv) of that section.
(d)

Management and interest
(1)

Management
On receipt and deposit of the funds into the accounts in the Hopi Tribe Water Settlement Trust Fund pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in a manner that is consistent with the investment authority of the Secretary under—
(A)
the first section of the Act of June 24, 1938 (25 U.S.C. 162a);
(B)
the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C)
this subsection.
(2)

Investment earnings
In addition to the deposits made to the Hopi Tribe Water Settlement Trust Fund under subsection (c), any investment earnings, including interest, credited to amounts held in accounts of the Hopi Tribe Water Settlement Trust Fund are authorized to be appropriated to be used in accordance with subsection (f).
(e)

Withdrawals
(1)

American indian trust fund management reform Act of 1994
(A)

In general
The Hopi Tribe may withdraw any portion of the amounts in the Hopi Tribe Water Settlement Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Hopi Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B)

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 paragraph shall require that the Hopi Tribe spend all amounts withdrawn from the Hopi Tribe Water Settlement Trust Fund Accounts, and any investment earnings accrued through the investments under the Tribal management plan, in accordance with this Act.
(C)

Enforcement
The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary—
(i)
to enforce a Tribal management plan; and
(ii)
to ensure that amounts withdrawn from the Hopi Tribe Water Settlement Trust Fund by the Hopi Tribe under this paragraph are used in accordance with this Act.
(2)

Expenditure plan
(A)

In general
The Hopi Tribe may submit to the Secretary a request to withdraw funds from the Hopi Tribe Water Settlement Trust Fund pursuant to an approved expenditure plan.
(B)

Requirements
To be eligible to withdraw funds under an expenditure plan under this paragraph, the Hopi Tribe shall submit to the Secretary for approval an expenditure plan for any portion of the Hopi Tribe Water Settlement Trust Fund that the Hopi Tribe elects to withdraw pursuant to this paragraph, subject to the condition that the funds shall be used for the purposes described in this Act.
(C)

Inclusions
An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Hopi Tribe Water Settlement Trust Fund Accounts will be used by the Hopi Tribe in accordance with subsection (f).
(D)

Approval
On receipt of an expenditure plan under this paragraph, the Secretary shall approve the expenditure plan if the Secretary determines that the expenditure plan—
(i)
is reasonable; and
(ii)
is consistent with, and will be used for, the purposes of this Act.
(E)

Enforcement
The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan under this paragraph to ensure that amounts disbursed under this paragraph are used in accordance with this Act.
(f)

Uses
Amounts from the Hopi Tribe Water Settlement Trust Fund shall be used by the Hopi Tribe for the following purposes:
(1)

The hopi tribe groundwater projects trust fund account
Amounts in the Hopi Tribe Groundwater Projects Trust Fund Account may only be used for the purpose of environmental compliance, planning, engineering and design activities, and construction to deliver water to Hopi communities.
(2)

The hopi tribe om&r trust fund account
Amounts in the Hopi Tribe OM&R Trust Fund Account may only be used to pay the OM&R costs of the Hopi Groundwater projects described in paragraph (1) and the iiná bá – paa tuwaqat’si pipeline project.
(3)

The hopi tribe agricultural conservation trust fund account
Amounts in the Hopi Tribe Agricultural Conservation Trust Fund Account may only be used to pay the costs of improvements to reduce water shortages on the historically irrigated land and grazing land of the Hopi Tribe, including sprinklers, drip or other efficient irrigation systems, land leveling, wells, impoundments, pipelines, pumps and storage, stream bank stabilization and restoration, pasture seeding and management, fencing, and wind breaks or alluvial wells, and spring restoration, repair, replacement, and relocation of low technology structures to support Akchin farming, flood-water farming, and other traditional farming practices.
(4)

The hopi tribe lower basin Colorado river water acquisition trust fund account
Amounts in the Hopi Tribe Lower Basin Colorado River Water Acquisition Trust Fund Account may only be used to purchase land within the State and associated Lower Basin Colorado River Water Rights.
(g)

Liability
The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Hopi Tribe Water Settlement Trust Fund Accounts by the Hopi Tribe pursuant to subsection (e).
(h)

Title to infrastructure
Title to, control over, and operation of any project constructed using funds from the Hopi Tribe Water Settlement Trust Fund shall remain in the Hopi Tribe.
(i)

Account transfers
If the activities described in any of paragraphs (1) through (4) of subsection (f) are complete and amounts remain in the applicable Trust Fund Account described in those paragraphs, the Secretary, at the request of the Hopi Tribe, shall transfer the remaining amounts to one of the other accounts within the Hopi Tribe Water Settlement Trust Fund.
(j)

Contributions to the iiná bá – paa tuwaqat’si pipeline
In its sole discretion, the Hopi Tribe may use amounts in the Hopi Tribe Water Settlement Trust Fund to supplement funds in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account.
(k)

Annual report
The Hopi Tribe shall submit to the Secretary an annual expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan under paragraph (1) of subsection (e) or an expenditure plan under paragraph (2) of that subsection.
(l)

No per capita payments
No principal or interest amount in any account established by this section shall be distributed to any member of the Hopi Tribe on a per capita basis.
(m)

Effect
Nothing in this section entitles the Hopi Tribe to judicial review of a determination of the Secretary regarding whether to approve a Tribal management plan under paragraph (1) of subsection (e) or an expenditure plan under paragraph (2) of that subsection, except as provided under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”).
12.

San Juan Southern Paiute Tribe Water Settlement Trust Fund
(a)

Establishment
The Secretary shall establish a trust fund for the San Juan Southern Paiute Tribe, to be known as the “San Juan Southern Paiute Tribe Water Settlement Trust Fund”, 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 Trust Fund Accounts under subsection (c), together with any investment earnings, including interest, earned on those amounts, for the purpose of carrying out this Act.
(b)

Accounts
The Secretary shall establish in the San Juan Southern Paiute Tribe Water Settlement Trust Fund the following accounts:
(1)
The San Juan Southern Paiute Tribe Groundwater Projects Trust Fund Account.
(2)
The San Juan Southern Paiute Tribe Agricultural Conservation Trust Fund Account.
(3)
The San Juan Southern Paiute Tribe OM&R Trust Fund Account.
(c)

Deposits
The Secretary shall deposit—
(1)
in the San Juan Southern Paiute Tribe Groundwater Projects Trust Fund Account, the amounts made available pursuant to clause (i) of section 13(b)(3)(C);
(2)
in the San Juan Southern Paiute Tribe Agricultural Conservation Trust Fund Account, the amounts made available pursuant to clause (iii) of that section; and
(3)
in the San Juan Southern Paiute Tribe OM&R Trust Fund Account, the amounts made available pursuant to clause (ii) of that section.
(d)

Management and interest
(1)

Management
On receipt and deposit of the funds into the accounts in the San Juan Southern Paiute Water Settlement Trust Fund pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the San Juan Southern Paiute Trust Fund Accounts in a manner that is consistent with the investment authority of the Secretary under—
(A)
the first section of the Act of June 24, 1938 (25 U.S.C. 162a);
(B)
the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C)
this subsection.
(2)

Investment earnings
In addition to the deposits made to the San Juan Southern Paiute Tribe Water Settlement Trust Fund under subsection (c), any investment earnings, including interest, credited to amounts held in accounts of the San Juan Southern Paiute Tribe Water Settlement Trust Fund are authorized to be appropriated to be used in accordance with subsection (f).
(e)

Withdrawals
(1)

American indian trust fund management reform Act of 1994
(A)

In general
The San Juan Southern Paiute Tribe may withdraw any portion of the amounts in the San Juan Southern Paiute Tribe Water Settlement Trust Fund on approval by the Secretary of a Tribal management plan submitted by the San Juan Southern Paiute Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B)

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 paragraph shall require that the San Juan Southern Paiute Tribe spend all amounts withdrawn from the San Juan Southern Paiute Tribe Water Settlement Trust Fund, and any investment earnings accrued through the investments under the Tribal management plan, in accordance with this Act.
(C)

Enforcement
The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary—
(i)
to enforce a Tribal management plan; and
(ii)
to ensure that amounts withdrawn from the San Juan Southern Paiute Tribe Water Settlement Trust Fund by the San Juan Southern Paiute Tribe under this paragraph are used in accordance with this Act.
(2)

Expenditure plan
(A)

In general
The San Juan Southern Paiute Tribe may submit to the Secretary a request to withdraw funds from the San Juan Southern Paiute Tribe Water Settlement Trust Fund pursuant to an approved expenditure plan.
(B)

Requirements
To be eligible to withdraw funds under an expenditure plan under this paragraph, the San Juan Southern Paiute Tribe shall submit to the Secretary for approval an expenditure plan for any portion of the San Juan Southern Paiute Tribe Water Settlement Trust Fund that the San Juan Southern Paiute Tribe elects to withdraw pursuant to this paragraph, subject to the condition that the funds shall be used for the purposes described in this Act.
(C)

Inclusions
An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the San Juan Southern Paiute Tribe Water Settlement Trust Fund Accounts will be used by the San Juan Southern Paiute Tribe in accordance with subsection (f).
(D)

Approval
On receipt of an expenditure plan under this paragraph, the Secretary shall approve the expenditure plan if the Secretary determines that the expenditure plan—
(i)
is reasonable; and
(ii)
is consistent with, and will be used for, the purposes of this Act.
(E)

Enforcement
The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan under this paragraph to ensure that amounts disbursed under this paragraph are used in accordance with this Act.
(f)

Uses
Amounts from the San Juan Southern Paiute Tribe Water Settlement Trust Fund shall be used by the San Juan Southern Paiute Tribe for the following purposes:
(1)

The san juan southern paiute tribe groundwater projects trust fund account
Amounts in the San Juan Southern Paiute Tribe Groundwater Projects Trust Fund Account may only be used to pay the cost of designing and constructing water projects, including Water treatment facilities, pipelines, storage tanks, pumping stations, pressure reducing valves, electrical transmission facilities, and the other appurtenant items, including real property and easements necessary to deliver water to the areas served.
(2)

The san juan southern paiute tribe agricultural conservation trust fund account
(A)

In general
Subject to subparagraph (B), amounts in the San Juan Southern Paiute Tribe Agricultural Conservation Trust Fund Account may only be used to pay the costs of improvements to reduce water shortages on the historically irrigated land of the San Juan Southern Paiute Tribe, including sprinklers, drip or other efficient irrigation systems, land leveling, wells, pipelines, pumps and storage, stream bank stabilization and restoration, pasture seeding and management, fencing, wind breaks, and alluvial wells.
(B)

Limitation
Not more than half of the amounts in the San Juan Southern Paiute Tribe Agricultural Conservation Trust Fund Account may be used for replacement and development of livestock wells and impoundments on San Juan Southern Paiute Land.
(3)

The san juan southern paiute tribe om&r trust fund account
Amounts in the San Juan Southern Paiute Tribe OM&R Trust Fund Account may only be used to pay the OM&R costs of the San Juan Southern Paiute Tribe Water projects described in paragraph (1) and for the imputed costs for delivery of water from the iiná bá – paa tuwaqat’si pipeline.
(g)

Liability
The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the San Juan Southern Paiute Tribe Water Settlement Trust Fund Accounts by the San Juan Southern Paiute Tribe pursuant to subsection (e).
(h)

Title to infrastructure
Title to, control over, and operation of any project constructed using funds from the San Juan Southern Paiute Tribe Water Settlement Trust Fund shall remain in the San Juan Southern Paiute Tribe.
(i)

Account transfers
If the activities described in any of paragraphs (1) through (3) of subsection (f) are complete and amounts remain in the applicable Trust Fund Account described in those paragraphs, the Secretary, at the request of the San Juan Southern Paiute Tribe, shall transfer the remaining amounts to one of the other accounts within the San Juan Southern Paiute Tribe Water Settlement Trust Fund.
(j)

Contributions to the iiná bá – paa tuwaqat’si pipeline
In its sole discretion, the San Juan Southern Paiute Tribe may use amounts in the San Juan Southern Paiute Tribe Water Settlement Trust Fund to supplement funds in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account.
(k)

Annual report
The San Juan Southern Paiute Tribe shall submit to the Secretary an annual expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan submitted under paragraph (1) of subsection (e) or an expenditure plan under paragraph (2) of that subsection.
(l)

No per capita payments
No principal or interest amount in any account established by this section shall be distributed to any member of the San Juan Southern Paiute Tribe on a per capita basis.
(m)

Effect
Nothing in this section entitles the San Juan Southern Paiute Tribe to judicial review of a determination of the Secretary regarding whether to approve a Tribal management plan under paragraph (1) of subsection (e) or an expenditure plan under paragraph (2) of that subsection, except as provided under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”).
13.

Funding
(a)

iiná bá – paa tuwaqat’si pipeline Implementation Fund Account
(1)

Mandatory appropriation
Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $1,715,000,000 for deposit in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account, to carry out the planning, engineering, design, environmental compliance, and construction of the iiná bá – paa tuwaqat’si pipeline, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
(2)

Availability
(A)

In general
Except as provided in subparagraph (B), amounts appropriated to and deposited in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account under paragraph (1) shall not be available for expenditure until such time as the Secretarial findings required by section 16(a) are made and published.
(B)

Exception
Of the amounts made available under paragraph (1), $25,000,000 shall be made available before the Enforceability Date for the Bureau to carry out environmental compliance and preliminary design of the iiná bá – paa tuwaqat’si pipeline, subject to the following:
(i)
The revision of the Settlement Agreement and exhibits to conform to this Act.
(ii)
Execution by all of the required settlement parties, including the United States, to the conformed Settlement Agreement and exhibits, including the waivers and releases of claims under section 14.
(3)

Additional authorization
In addition to the amounts made available under paragraph (1), there are authorized to be appropriated to the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account such sums as are necessary to complete the construction of the iiná bá – paa tuwaqat’si pipeline.
(b)

Navajo nation water settlement trust fund, the hopi tribe water settlement trust fund and the san juan southern paiute settlement trust fund
(1)

Mandatory appropriation
Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $3,285,000,000, for deposit in the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute Settlement Trust Fund, in accordance with paragraph (3), to remain available until expended, withdrawn, or reverted to the general fund of the Treasury.
(2)

Availability
Amounts appropriated to and deposited in the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute Water Settlement Trust Fund under paragraph (1) shall not be available for expenditure until such time as the Secretarial findings required by section 16(a) are made and published.
(3)

Allocation
The Secretary shall distribute and deposit the amounts made available under paragraph (1) in accordance with the following:
(A)

The navajo nation water settlement trust fund
The Secretary shall deposit in the Navajo Nation Water Settlement Trust Fund $2,746,700,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury and to be allocated to the accounts of the Navajo Nation Water Settlement Trust Fund in accordance with the following:
(i)
The Navajo Nation Water Projects Trust Fund Account, $2,369,200,000.
(ii)
The Navajo Nation OM&R Trust Fund Account, $229,500,000.
(iii)
The Navajo Nation Agricultural Conservation Trust Fund Account, $80,000,000.
(iv)
The Navajo Nation Renewable Energy Trust Fund Account, $40,000,000.
(v)
The Navajo Nation Lower Basin Colorado River Water Acquisition Trust Fund Account, $28,000,000.
(B)

The hopi tribe water settlement trust fund
The Secretary shall deposit in the Hopi Tribe Water Settlement Trust Fund $508,500,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury and to be allocated to the accounts of the Hopi Tribe Water Settlement Trust Fund in accordance with the following:
(i)
The Hopi Tribe Groundwater Projects Trust Fund Account, $390,000,000.
(ii)
The Hopi Tribe OM&R Trust Fund Account, $87,000,000.
(iii)
The Hopi Tribe Agricultural Conservation Trust Fund Account, $30,000,000.
(iv)
The Hopi Tribe Lower Basin Colorado River Water Acquisition Trust Fund Account, $1,500,000.
(C)

The san juan southern paiute water settlement trust fund
The Secretary shall deposit in the San Juan Southern Paiute Water Settlement Trust Fund $29,800,000, to remain available until expended, withdrawn, or reverted to the general fund of the Treasury and to be allocated to the accounts of the San Juan Southern Paiute Water Settlement Trust Fund in accordance with the following:
(i)
The San Juan Southern Paiute Groundwater Project Trust Fund Account, $28,000,000.
(ii)
The San Juan Southern Paiute OM&R Trust Fund Account, $1,500,000.
(iii)
The San Juan Southern Paiute Agricultural Conservation Trust Fund Account, $300,000.
(c)

Investments
The Secretary shall invest amounts deposited in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account under subsection (a) and the Navajo Nation Water Settlement Trust Fund, Hopi Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute Water Settlement Trust Fund under subsection (b) in accordance with—
(1)
the Act of April 1, 1880 (25 U.S.C. 161);
(2)
the first section of the Act of June 24, 1938 (25 U.S.C. 162a); and
(3)
obligations of Federal corporations and Federal Government-sponsored entities, the charter documents of which provide that the obligations of the entities are lawful investments for federally managed funds.
(d)

Credits to accounts
(1)

In general
The interest on, and the proceeds from, the sale or redemption of, any obligations held in the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute Water Settlement Trust Fund shall be credited to and form a part of the applicable Trust Fund.
(2)

Use of Trust Funds
Amounts appropriated to and deposited in the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute Tribe Water Settlement Trust Fund may be used as described in sections 10, 11, and 12 and paragraph 12 of the Settlement Agreement.
(e)

Fluctuation in costs
(1)

Implementation fund account
The amounts appropriated and authorized to be appropriated under subsection (a) shall be—
(A)
increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after January 1, 2024, as indicated by the Bureau Construction Cost Trends Index applicable to the types of construction involved; and
(B)
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.
(2)

Trust funds
The amounts appropriated and authorized to be appropriated under subsection (b) shall be—
(A)
increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after January 1, 2024, as indicated by the Bureau Construction Cost Index—Composite Trend; and
(B)
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 paragraphs (1) and (2) shall be repeated for each subsequent amount appropriated until the amount appropriated and authorized to be appropriated, as applicable, under subsections (a) and (b), as adjusted, has been appropriated.
(4)

Period of indexing
(A)

Implementation fund
With respect to the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account, the period of adjustment under paragraph (1) for any increment of funding shall be annually until the iiná bá – paa tuwaqat’si pipeline project is completed.
(B)

Trust funds
With respect to the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute Water Settlement Trust Fund, the period of indexing adjustment under paragraph (2) for any increment of funding shall end on the date on which the funds are deposited into the Trust Funds.
14.

Waivers, releases, and retention of claims
(a)

Waivers, releases and retention of claims for water rights, injury to water rights, and injury to water by the navajo nation, on behalf of the navajo nation and the members of the navajo nation (but not members in the capacity of the members as navajo allottees), and the United States, acting as trustee for the navajo nation and the members of the navajo nation (but not members in the capacity of the members as navajo allottees) against the State and others
(1)

In general
Except as provided in paragraph (3), the Navajo Nation, on behalf of the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), and the United States, acting as trustee for the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), as part of the performance of the respective obligations of the Navajo Nation and the United States under the Settlement Agreement and this Act, are authorized to execute a waiver and release of all claims against the State (or any agency or political subdivision of the State), the Hopi Tribe, the Hopi Allottees, the San Juan Southern Paiute Tribe, and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law for all of the following:
(A)
Past, present, and future claims for Water Rights, including rights to Colorado River Water, for Navajo Land, 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 within the State by the Navajo Nation, the predecessors of the Navajo Nation, the Members of the Navajo Nation, or predecessors of the Members of the Navajo Nation.
(C)
Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for Navajo Land, arising from time immemorial through the Enforceability Date.
(D)
Past, present, and future claims for Injury to Water for Navajo Land, arising from time immemorial and, thereafter, forever.
(E)
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 within the State by the Navajo Nation, the predecessors of the Navajo Nation, the Members of the Navajo Nation, or predecessors of the Members of the Navajo Nation.
(F)
Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date, for Navajo Land, resulting from the diversion or Use of water outside of Navajo Land in a manner not in violation of the Settlement Agreement or State law.
(G)
Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act.
(2)

Form; effective date
The waiver and release of claims described in paragraph (1) shall—
(A)
be in the form described in Exhibit 13.1 to the Settlement Agreement; and
(B)
take effect on the Enforceability Date.
(3)

Retention of claims
Notwithstanding the waiver and release of claims described in paragraph (1) and Exhibit 13.1 to the Settlement Agreement, the Navajo Nation, acting on behalf of the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), and the United States, acting as trustee for the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), shall retain any right—
(A)
to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the Settlement Agreement, whether those rights are generally stated or specifically described, 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 Navajo Nation under the LCR Decree and the Gila River Adjudication Decree;
(C)
to assert claims for Water Rights, for land owned or acquired by the Navajo Nation in fee, or held in trust by the United States for the benefit of the Navajo Nation, in the LCR Watershed pursuant to subparagraphs 4.11 and 4.12, of the Settlement Agreement, or in the Gila River Basin pursuant to subparagraphs 4.14 and 4.15 of the Settlement Agreement;
(D)
to object to any claims for Water Rights by or for—
(i)
any Indian Tribe other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe, other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; and
(E)
to assert past, present, or future claims for Injury to Water Rights—
(i)
against any Indian Tribe other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe, other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe.
(b)

Waivers, releases and retention of claims for water rights, injury to water rights, and injury to water by the United States, acting as trustee for the navajo allottees against the State and others
(1)

In general
Except as provided in paragraph (3), the United States, acting as trustee for the Navajo Allottees, as part of the performance of the obligations of the United States under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the State (or any agency or political subdivision of the State), the Navajo Nation, the Hopi Tribe, the Hopi Allottees, and the San Juan Southern Paiute Tribe, and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law, for all of the following:
(A)
Past, present, and future claims for Water Rights, including rights to Colorado River Water, for Navajo 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 within the State by the Navajo Allottees or predecessors of the Navajo Allottees.
(C)
Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for Navajo Allotments, arising from time immemorial through the Enforceability Date.
(D)
Past, present, and future claims for Injury to Water for Navajo Allotments, arising from time immemorial and, thereafter, forever.
(E)
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 within the State by Navajo Allottees or predecessors of the Navajo Allottees.
(F)
Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date, for the Navajo Allotments, resulting from the diversion or Use of water outside of Navajo Allotments in a manner not in violation of the Settlement Agreement or State law.
(G)
Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act.
(2)

Form; effective date
The waiver and release of claims under paragraph (1) shall—
(A)
be in the form described in Exhibit 13.2 to the Settlement Agreement; and
(B)
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 Navajo Allottees, shall retain any right—
(A)
to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Allottees under the Settlement Agreement, whether those rights are generally stated or specifically described, 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 Navajo Allottees under the LCR Decree;
(C)
to object to any claims for Water Rights by or for—
(i)
any Indian Tribe other than the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe other than the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; and
(D)
to assert past, present, or future claims for Injury to Water Rights against—
(i)
any Indian Tribe other than the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe other than the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe.
(c)

Waivers, releases and retention of claims for water rights, injury to water rights, and injury to water by the navajo nation, on behalf of the navajo nation and the members of the navajo nation (but not members in the capacity of the members as navajo allottees), against the United States
(1)

In general
Except as provided in paragraph (3), the Navajo Nation, acting on behalf of the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), as part of the performance of the obligations of the Navajo Nation under the 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 of the following:
(A)
Past, present, and future claims for Water Rights, including rights to Colorado River Water, for Navajo Land 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 within the State by the Navajo Nation, the predecessors of the Navajo Nation, the Members of the Navajo Nation, or predecessors of the Members of the Navajo Nation.
(C)
Claims for Water Rights within the State that the United States, acting as trustee for the Navajo Nation and Navajo Allottees, asserted or could have asserted in any proceeding, except to the extent that such rights are recognized as part of the Navajo Nation’s Water Rights under this Act.
(D)
Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for Navajo Land, arising from time immemorial through the Enforceability Date.
(E)
Past, present, and future claims for Injury to Water for Navajo Land, arising from time immemorial and, thereafter, forever.
(F)
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 within the State by the Navajo Nation, the predecessors of the Navajo Nation, the Members of the Navajo Nation, or predecessors of the Members of the Navajo Nation.
(G)
Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date for Navajo Land, resulting from the diversion or Use of water outside of Navajo Land in a manner not in violation of the Settlement Agreement or State law.
(H)
Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act.
(I)
Past, present, and future claims arising out of, or relating in any manner to, United States Geological Survey monitoring and reporting activities described in paragraph 7.0 of the Settlement Agreement.
(J)
Past, present, and future claims arising from time immemorial and, thereafter, forever, relating in any manner to Injury to Water or Injury to Water Rights based on the provisions of paragraphs 8.0 and 9.0 of the Settlement Agreement.
(K)
Past and present claims for foregone benefits from non-Navajo Use of water, on and off Navajo Land (including water from all sources and for all Uses), within the State arising before the Enforceability Date.
(L)
Past and present claims for damage, loss, or injury to land or natural 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 of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, Water Rights, or water infrastructure, within the State, arising before the Enforceability Date.
(M)
Past and present claims arising before the Enforceability Date from a failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project on Navajo Land.
(N)
Past and present claims arising before the Enforceability Date from a failure to establish or provide a municipal, rural, or industrial water delivery system on Navajo Land.
(O)
Past and present claims for damage, loss, or injury to land or natural resources due to construction, operation, and management of irrigation projects on Navajo Land, including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat, within the State arising before the Enforceability Date.
(P)
Past and present claims arising before the Enforceability Date from a failure to provide a dam safety improvement to a dam on Navajo Land within the State.
(2)

Form; effective date
The waiver and release of claims described in paragraph (1) shall—
(A)
be in the form described in Exhibit 13.3 to the Settlement Agreement; and
(B)
take effect on the Enforceability Date.
(3)

Retention of claims
Notwithstanding the waiver and release of claims described in paragraph (1) and Exhibit 13.3 to the Settlement Agreement, the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Allottees) shall retain any right—
(A)
to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the Settlement Agreement, whether those rights are generally stated or specifically described, 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 Navajo Nation under the LCR Decree and the Gila River Adjudication Decree;
(C)
to assert claims for Water Rights for land owned or acquired by the Navajo Nation in fee in the LCR Watershed pursuant to subparagraphs 4.11 and 4.12 of the Settlement Agreement, or in the Gila River Basin pursuant to subparagraphs 4.14 and 4.15 of the Settlement Agreement;
(D)
to object to any claims for Water Rights by or for—
(i)
any Indian Tribe other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; and
(E)
to assert past, present, or future claims for Injury to Water Rights against—
(i)
any Indian Tribe other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe other than the Hopi Tribe, the San Juan Southern Paiute Tribe, and the Zuni Tribe.
(d)

Waivers, releases and retention of claims by the United States in all capacities (except as trustee for an indian tribe other than the navajo nation, the hopi tribe, and the san juan southern paiute tribe) against the navajo nation and the members of the navajo nation
(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 Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe), as part of the performance of the obligations of the United States under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the Navajo Nation, the Members of the Navajo Nation, or any agency, official, or employee of the Navajo Nation, under Federal, State, or any other law for all of the following:
(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 Navajo 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 Navajo Land in a manner that is not in violation of this Agreement or State law.
(C)
Past, present, and future claims arising out of, or related in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act.
(2)

Form; effective date
The waiver and release of claims under paragraph (1) shall—
(A)
be in the form described in Exhibit 13.4 to the Settlement Agreement; and
(B)
take effect on the Enforceability Date.
(3)

Retention of claims
Notwithstanding the waiver and release of claims described in paragraph (1) and Exhibit 13.4 to the Settlement Agreement, the United States shall retain any right to assert any claim not expressly waived in accordance with that paragraph and that Exhibit, in any Federal or State court of competent jurisdiction.
(e)

Waivers, releases and retention of claims for water rights, injury to water rights, and injury to water by the hopi tribe, on behalf of the hopi tribe and the members of the hopi tribe (but not members in the capacity of the members as hopi allottees), and the United States, acting as trustee for the hopi tribe and the members of the hopi tribe (but not members in the capacity of the members as hopi allottees) against the State and others
(1)

In general
Except as provided in paragraph (3), the Hopi Tribe, on behalf of the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees), and the United States, acting as trustee for the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees), as part of the performance of the respective obligations of the Hopi Tribe and the United States under the Settlement Agreement and this Act, are authorized to execute a waiver and release of all claims against the State (or any agency or political subdivision of the State), the Navajo Nation, the Navajo Allottees, the San Juan Southern Paiute Tribe, and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law for all of the following:
(A)
Past, present, and future claims for Water Rights, including rights to Colorado River Water, for Hopi Land, 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 within the State by the Hopi Tribe, the predecessors of the Hopi Tribe, the Members of the Hopi Tribe, or predecessors of the Members of the Hopi Tribe.
(C)
Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for Hopi Land, arising from time immemorial through the Enforceability Date.
(D)
Past, present, and future claims for Injury to Water for Hopi Land, arising from time immemorial and, thereafter, forever.
(E)
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 within the State by the Hopi Tribe, the predecessors of the Hopi Tribe, the Members of the Hopi Tribe, or predecessors of the Members of the Hopi Tribe.
(F)
Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date, for Hopi Land, resulting from the diversion or Use of water outside of Hopi Land in a manner not in violation of the Settlement Agreement or State law.
(G)
Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act.
(2)

Form; effective date
The waiver and release of claims described in paragraph (1) shall—
(A)
be in the form described in Exhibit 13.6 to the Settlement Agreement; and
(B)
take effect on the Enforceability Date.
(3)

Retention of claims
Notwithstanding the waiver and release of claims described in paragraph (1) and Exhibit 13.6 to the Settlement Agreement, the Hopi Tribe, acting on behalf of the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees), and the United States, acting as trustee for the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees), shall retain any right—
(A)
to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Tribe under the Settlement Agreement, whether those rights are generally stated or specifically described, 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 Hopi Tribe under the LCR Decree;
(C)
to assert claims for Water Rights for land owned or acquired by the Hopi Tribe in fee, or held in trust by the United States for the benefit of the Hopi Tribe, in the LCR Watershed pursuant to subparagraphs 5.10 and 5.11 of the Settlement Agreement;
(D)
to object to any claims for Water Rights by or for—
(i)
any Indian Tribe other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe, other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; and
(E)
to assert past, present, or future claims for Injury to Water Rights against—
(i)
any Indian Tribe other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe, other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe.
(f)

Waivers, releases and retention of claims for water rights, injury to water rights, and injury to water by the United States, acting as trustee for the hopi allottees against the State and others
(1)

In general
Except as provided in paragraph (3), the United States, acting as trustee for the Hopi Allottees, as part of the performance of the obligations of the United States under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the State (or any agency or political subdivision of the State), the Hopi Tribe, the Navajo Nation, the Navajo Allottees, and the San Juan Southern Paiute Tribe, and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law, for all of the following:
(A)
Past, present, and future claims for Water Rights, including rights to Colorado River Water, for Hopi 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 within the State by the Hopi Allottees or predecessors of the Hopi Allottees.
(C)
Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for Hopi Allotments, arising from time immemorial through the Enforceability Date.
(D)
Past, present, and future claims for Injury to Water for Hopi Allotments, arising from time immemorial and, thereafter, forever.
(E)
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 within the State by Hopi Allottees or predecessors of the Hopi Allottees.
(F)
Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date, for the Hopi Allotments, resulting from the diversion or Use of water outside of the Hopi Allotments in a manner not in violation of the Settlement Agreement or State law.
(G)
Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act.
(2)

Form; effective date
The waiver and release of claims under paragraph (1) shall—
(A)
be in the form described in Exhibit 13.7 of the Settlement Agreement; and
(B)
take effect on the Enforceability Date.
(3)

Retention of claims
Notwithstanding the waiver and release of claims described in paragraph (1) and Exhibit 13.7 of the Settlement Agreement, the United States acting as trustee for the Hopi Allottees, shall retain any right—
(A)
to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Allottees under the Settlement Agreement, whether those rights are generally stated or specifically described, 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 Hopi Allottees under the LCR Decree;
(C)
to object to any claims for Water Rights by or for—
(i)
any Indian Tribe other than the Hopi Tribe, the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe other than the Hopi Tribe, the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; and
(D)
to assert past, present, or future claims for Injury to Water Rights against—
(i)
any Indian Tribe other than the Hopi Tribe, the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe other than the Hopi Tribe, the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe.
(g)

Waivers, releases and retention of claims for water rights, injury to water rights, and injury to water by the hopi tribe, on behalf of the hopi tribe and the members of the hopi tribe (but not members in the capacity of the members as hopi allottees), against the United States
(1)

In general
Except as provided in paragraph (3), the Hopi Tribe, acting on behalf of the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees), as part of the performance of the obligations of the Hopi Tribe under the 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 of the following:
(A)
Past, present, and future claims for Water Rights, including rights to Colorado River Water, for Hopi Land, 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 within the State by the Hopi Tribe, the predecessors of the Hopi Tribe, the Members of the Hopi Tribe, or predecessors of the Members of the Hopi Tribe.
(C)
Claims for Water Rights within the State that the United States, acting a trustee for the Hopi Tribe and Hopi Allottees, asserted or could have asserted in any proceeding, except to the extent that such rights are recognized as part of the Hopi Tribe’s Water Rights under this Act.
(D)
Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for Hopi Land, arising from time immemorial through the Enforceability Date.
(E)
Past, present, and future claims for Injury to Water for Hopi Land, arising from time immemorial and, thereafter, forever.
(F)
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 within the State by the Hopi Tribe, the predecessors of the Hopi Tribe, the Members of the Hopi Tribe, or predecessors of the Members of the Hopi Tribe.
(G)
Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date for Hopi Land, resulting from the diversion or Use of water outside of Hopi Land in a manner not in violation of the Settlement Agreement or State law.
(H)
Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act.
(I)
Past, present, and future claims arising out of, or relating in any manner to, United States Geological Survey monitoring and reporting activities described in paragraph 7.0 of the Settlement Agreement.
(J)
Past, present, and future claims arising from time immemorial and, thereafter, forever, relating in any manner to Injury to Water or Injury to Water Rights based on the provisions of paragraphs 8.0 and 9.0 of the Settlement Agreement.
(K)
Past and present claims for foregone benefits from non-Hopi Use of water, on and off Hopi Land (including water from all sources and for all Uses), within the State arising before the Enforceability Date.
(L)
Past and present claims for damage, loss, or injury to land, or natural 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 of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, Water Rights, or water infrastructure, within the State, arising before the Enforceability Date.
(M)
Past and present claims arising before the Enforceability Date from a failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project on Hopi Land.
(N)
Past and present claims arising before the Enforceability Date from a failure to establish or provide a municipal, rural, or industrial water delivery system on Hopi Land.
(O)
Past and present claims for damage, loss, or injury to land or natural resources due to construction, operation, and management of irrigation projects on Hopi Land, including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat, within the State arising before the Enforceability Date.
(2)

Form; effective date
The waiver and release of claims described in paragraph (1) shall—
(A)
be in the form described in Exhibit 13.8 to the Settlement Agreement; and
(B)
take effect on the Enforceability Date.
(3)

Retention of claims
Notwithstanding the waiver and release of claims described in paragraph (1) and Exhibit 13.8 to the Settlement Agreement, the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees) shall retain any right—
(A)
to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Tribe under the Settlement Agreement, whether those rights are generally stated or specifically described, 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 Hopi Tribe under the LCR Decree;
(C)
to assert claims for Water Rights for land owned or acquired by the Hopi Tribe in fee in the LCR Watershed pursuant to subparagraphs 5.10 and 5.11 of the Settlement Agreement;
(D)
to object to any claims for Water Rights by or for—
(i)
any Indian Tribe other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; and
(E)
to assert past, present, or future claims for Injury to Water Rights against—
(i)
any Indian Tribe other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe other than the Navajo Nation, the San Juan Southern Paiute Tribe, and the Zuni Tribe.
(h)

Waivers, releases and retention of claims by the United States in all capacities (except as trustee for an indian tribe other than the navajo nation, the hopi tribe, and the san juan southern paiute tribe) against the hopi tribe and the members of the hopi 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 Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe), as part of the performance of the obligations of the United States under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the Hopi Tribe, the Members of the Hopi Tribe, or any agency, official, or employee of the Hopi Tribe, under Federal, State, or any other law for all of the following:
(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 Hopi 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 Hopi Land in a manner that is not in violation of the Settlement Agreement or State law.
(C)
Past, present, and future claims arising out of, or related in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act.
(2)

Form; effective date
The waiver and release of claims under paragraph (1) shall—
(A)
be in the form described in Exhibit 13.9 to the Settlement Agreement; and
(B)
take effect on the Enforceability Date.
(3)

Retention of claims
Notwithstanding the waiver and release of claims described in paragraph (1) and Exhibit 13.9 to the Settlement Agreement, the United States shall retain any right to assert any claim not expressly waived in accordance with that paragraph and that Exhibit, in any Federal or State court of competent jurisdiction.
(i)

Waivers, releases and retention of claims for water rights, injury to water rights, and injury to water by the san juan southern paiute tribe, on behalf of the san juan southern paiute tribe and the members of the san juan southern paiute tribe, and the United States, acting as trustee for the san juan southern paiute tribe and the members of the san juan southern paiute tribe against the State and others
(1)

In general
Except as provided in paragraph (3), the San Juan Southern Paiute Tribe, on behalf of the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe, and the United States, acting as trustee for the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe, as part of the performance of the respective obligations of the San Juan Southern Paiute Tribe and the United States under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the State (or any agency or political subdivision of the State), the Hopi Tribe, the Hopi Allottees, the Navajo Nation, the Navajo Allottees, and any other individual, entity, corporation, or municipal corporation under Federal, State, or other law for all of the following:
(A)
Past, present, and future claims for Water Rights, including rights to Colorado River Water, for San Juan Southern Paiute Land, 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 within the State by the San Juan Southern Paiute Tribe, the predecessors of the San Juan Southern Paiute Tribe, the Members of the San Juan Southern Paiute Tribe, or predecessors of the Members of the San Juan Southern Paiute Tribe.
(C)
Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for San Juan Southern Paiute Land, arising from time immemorial through the Enforceability Date.
(D)
Past, present, and future claims for Injury to Water for San Juan Southern Paiute Land, arising from time immemorial and, thereafter, forever.
(E)
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 within the State by the San Juan Southern Paiute Tribe, the predecessors of the San Juan Southern Paiute Tribe, the Members of the San Juan Southern Paiute Tribe, or predecessors of the Members of the San Juan Southern Paiute Tribe.
(F)
Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date, for San Juan Southern Paiute Land, resulting from the diversion or Use of water outside of San Juan Southern Paiute Land in a manner not in violation of the Settlement Agreement or State law.
(G)
Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act.
(2)

Form; effective date
The waiver and release of claims described in paragraph (1) shall—
(A)
be in the form described in Exhibit 13.11 to the Settlement Agreement; and
(B)
take effect on the Enforceability Date.
(3)

Retention of claims
Notwithstanding the waiver and release of claims described in paragraph (1) and Exhibit 13.11 to the Settlement Agreement, the San Juan Southern Paiute Tribe, acting on behalf of the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe, and the United States, acting as trustee for the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe, shall retain any right—
(A)
to assert claims for injuries to, and seek enforcement of, the rights of the San Juan Southern Paiute Tribe under the Settlement Agreement, whether those rights are generally stated or specifically described, 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 San Juan Southern Paiute Tribe under the LCR Decree;
(C)
to assert claims for Water Rights for land owned or acquired by the San Juan Southern Paiute Tribe in fee or held in trust by the United States for the benefit of the San Juan Southern Paiute Tribe in the LCR Watershed pursuant to subparagraphs 6.4 and 6.5 of the Settlement Agreement;
(D)
to object to any claims for Water Rights by or for—
(i)
any Indian Tribe other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe, other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe; and
(E)
to assert past, present, or future claims for Injury to Water Rights against—
(i)
any Indian Tribe other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe, other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe.
(j)

Waivers, releases and retention of claims for water rights, injury to water rights, and injury to water by the san juan southern paiute tribe, on behalf of the san juan southern paiute tribe and the members of the san juan southern paiute tribe, against the United States
(1)

In general
Except as provided in paragraph (3), the San Juan Southern Paiute Tribe, acting on behalf of the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe, as part of the performance of the obligations of the San Juan Southern Paiute Tribe under the 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 of the following:
(A)
Past, present, and future claims for Water Rights, including rights to Colorado River Water, for San Juan Southern Paiute Land, 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 within the State by the San Juan Southern Paiute Tribe, the predecessors of the San Juan Southern Paiute Tribe, the Members of the San Juan Southern Paiute Tribe, or predecessors of the Members of the San Juan Southern Paiute Tribe.
(C)
Claims for Water Rights within the State that the United States, acting as trustee for the San Juan Southern Paiute Tribe, asserted or could have asserted in any proceeding, except to the extent that such rights are recognized as part of the San Juan Southern Paiute Tribe’s Water Rights under this Act.
(D)
Past and present claims for Injury to Water Rights, including injury to rights to Colorado River Water, for San Juan Southern Paiute Land, arising from time immemorial through the Enforceability Date.
(E)
Past, present, and future claims for Injury to Water for San Juan Southern Paiute Land, arising from time immemorial and, thereafter, forever.
(F)
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 within the State by the San Juan Southern Paiute Tribe, the predecessors of the San Juan Southern Paiute Tribe, the Members of the San Juan Southern Paiute Tribe, or predecessors of the Members of the San Juan Southern Paiute Tribe.
(G)
Claims for Injury to Water Rights, including injury to rights to Colorado River Water, arising after the Enforceability Date for San Juan Southern Paiute Land, resulting from the diversion or Use of water outside of San Juan Southern Paiute Land in a manner not in violation of this Agreement or State law.
(H)
Past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of this Agreement, any judgment or decree approving or incorporating this Agreement, or this Act.
(I)
Past, present, and future claims arising out of, or relating in any manner to, United States Geological Survey monitoring and reporting activities described in paragraph 7.0 of the Settlement Agreement.
(J)
Past, present, and future claims arising from time immemorial and, thereafter, forever, relating in any manner to Injury to Water or Injury to Water Rights based on the provisions of paragraphs 8.0 and 9.0 of the Settlement Agreement.
(K)
Past and present claims for foregone benefits from non-San Juan Southern Paiute Tribe Use of water, on and off San Juan Southern Paiute Land (including water from all sources and for all Uses), within the State arising before the Enforceability Date.
(L)
Past and present claims for damage, loss, or injury to land, or natural 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 of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, Water Rights, or water infrastructure, within the State, arising before the Enforceability Date.
(M)
Past and present claims arising before the Enforceability Date from a failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project on San Juan Southern Paiute Land.
(N)
Past and present claims arising before the Enforceability Date from a failure to establish or provide a municipal, rural, or industrial water delivery system on San Juan Southern Paiute Land.
(O)
Past and present claims for damage, loss, or injury to land or natural resources due to construction, operation, and management of irrigation projects on San Juan Southern Paiute Land, including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat, within the State arising before the Enforceability Date.
(2)

Form; effective date
The waiver and release of claims described in paragraph (1) shall be—
(A)
in the form described in Exhibit 13.12 to the Settlement Agreement; and
(B)
take effect on the Enforceability Date.
(3)

Retention of claims
Notwithstanding the waiver and release of claims described in paragraph (1) and Exhibit 13.12 to the Settlement Agreement, the San Juan Southern Paiute Tribe, acting on behalf of the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe shall retain any right—
(A)
to assert claims for injuries to, and seek enforcement of, the rights of the San Juan Southern Paiute Tribe under the Settlement Agreement, whether those rights are generally stated or specifically described, 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 San Juan Southern Paiute Tribe under the LCR Decree;
(C)
to assert claims for Water Rights for land owned or acquired by the San Juan Southern Paiute Tribe in fee in the LCR Watershed pursuant to subparagraphs 6.4 and 6.5 of the Settlement Agreement;
(D)
to object to any claims for Water Rights by or for—
(i)
any Indian Tribe other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe, other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe; and
(E)
to assert past, present, or future claims for Injury to Water Rights against—
(i)
any Indian Tribe other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe; or
(ii)
the United States acting on behalf of any Indian Tribe, other than the Hopi Tribe, the Navajo Nation, and the Zuni Tribe.
(k)

Waivers, releases and retention of claims by the United States in all capacities (except as trustee for an indian tribe other than the navajo nation, the hopi tribe, and the san juan southern paiute tribe) against the san juan southern paiute tribe and the members of the san juan southern paiute 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 Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe), as part of the performance of the obligations of the United States under the Settlement Agreement and this Act, is authorized to execute a waiver and release of all claims against the San Juan Southern Paiute Tribe, the Members of the San Juan Southern Paiute Tribe, or any agency, official, or employee of the San Juan Southern Paiute 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 San Juan Southern Paiute 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 San Juan Southern Paiute Land in a manner that is not in violation of the Settlement Agreement or State law.
(C)
Past, present, and future claims arising out of, or related in any manner to, the negotiation, execution, or adoption of the Settlement Agreement, any judgment or decree approving or incorporating the Settlement Agreement, or this Act.
(2)

Form; effective date
The waiver and release of claims under paragraph (1) shall—
(A)
be in the form described in Exhibit 13.13 to the Settlement Agreement; and
(B)
take effect on the Enforceability Date.
(3)

Retention of claims
Notwithstanding the waiver and release of claims described in paragraph (1) and Exhibit 13.13 to the Settlement Agreement, the United States shall retain any right to assert any claim not expressly waived in accordance with that paragraph and that Exhibit, in any Federal or State court of competent jurisdiction.
15.

Satisfaction of Water Rights and other benefits
(a)

Navajo nation and the members of the navajo nation; Navajo allottees and the United States, acting as trustee for the navajo allottees
(1)

Navajo nation and the members of the navajo nation
(A)

In general
The benefits provided under the Settlement Agreement shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Navajo Nation and the Members of the Navajo Nation against the Parties, including the United States, that is waived and released by the Navajo Nation acting on behalf of the Navajo Nation and the Members of the Navajo Nation under Exhibits 13.1 and 13.3 to the Settlement Agreement.
(B)

Satisfaction of water rights
Any entitlement to water of the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees) or the United States acting as trustee for the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), for Navajo Land shall be satisfied out of the water resources and other benefits granted, confirmed, quantified, or recognized by the Settlement Agreement and this Act, to or for the Navajo Nation, the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), and the United States, acting as trustee for the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees).
(2)

Navajo allottees and the United States, acting as trustee for the navajo allottees
(A)

In general
The benefits realized by the Navajo Allottees under the Settlement Agreement and this Act shall be in complete replacement of, complete substitution for, and full satisfaction of—
(i)
all claims waived and released by the United States (acting as trustee for the Navajo Allottees) under Exhibit 13.2 to the Settlement Agreement; and
(ii)
any claims of the Navajo Allottees against the United States similar to the claims described in Exhibit 13.2 to the Settlement Agreement that the Navajo Allottees asserted or could have asserted.
(B)

Satisfaction of water rights
Any entitlement to water of the Navajo Allottees or the United States acting as trustee for the Navajo Allottees, for Navajo Allotments shall be satisfied out of the water resources and other benefits granted, confirmed, or recognized by the Settlement Agreement and this Act, to or for the Navajo Allottees and the United States, acting as trustee for the Navajo Allottees.
(3)

No right established
Notwithstanding paragraphs (1) and (2), nothing in the Settlement Agreement or this Act recognizes or establishes any right of a Member of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees) to water on Navajo Land.
(b)

Hopi tribe and the members of the hopi tribe; Hopi allottees and the United States, acting as trustee for the hopi allottees
(1)

Hopi Tribe and the members of the Hopi Tribe
(A)

In general
The benefits provided under the Settlement Agreement shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Hopi Tribe and the Members of the Hopi Tribe against the Parties, including the United States, that is waived and released by the Hopi Tribe acting on behalf of the Hopi Tribe and the Members of the Hopi Tribe under Exhibits 13.6 and 13.8 to the Settlement Agreement.
(B)

Satisfaction of water rights
Any entitlement to water of the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees) or the United States acting as trustee for the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees), for Hopi Land shall be satisfied out of the water resources and other benefits granted, confirmed, quantified, or recognized by the Settlement Agreement and this Act, to or for the Hopi Tribe, the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees), and the United States, acting as trustee for the Hopi Tribe and the Members of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees).
(2)

Hopi allottees and the United States, acting as trustee for the hopi allottees
(A)

In general
The benefits realized by the Hopi Allottees under the Settlement Agreement shall be in complete replacement of, complete substitution for, and full satisfaction of—
(i)
all claims waived and released by the United States (acting as trustee for the Hopi Allottees) under Exhibit 13.7 to the Settlement Agreement; and
(ii)
any claims of the Hopi Allottees against the United States similar to the claims described in Exhibit 13.7 to the Settlement Agreement that the Hopi Allottees asserted or could have asserted.
(B)

Satisfaction of water rights
Any entitlement to water of the Hopi Allottees or the United States acting trustee for the Hopi Allottees, for Hopi Allotments shall be satisfied out of the water resources and other benefits granted, confirmed, or recognized by the Settlement Agreement and this Act, to or for the Hopi Allottees and the United States, acting as trustee for the Hopi Allottees.
(3)

No right established
Notwithstanding paragraphs (1) and (2), nothing in the Settlement Agreement or this Act recognizes or establishes any right of a Member of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees) to water on Hopi Land.
(c)

San juan southern paiute tribe and the members of the san juan southern paiute tribe
(1)

In general
The benefits provided under the Settlement Agreement shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe against the Parties, including the United States, that is waived and released by the San Juan Southern Paiute Tribe acting on behalf of the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe under Exhibits 13.11 and 13.12 to the Settlement Agreement.
(2)

Satisfaction of water rights
Any entitlement to water of the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe or the United States, acting as trustee for the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe, for San Juan Southern Paiute Land shall be satisfied out of the water resources and other benefits granted, confirmed, quantified, or recognized by the Settlement Agreement and this Act, to or for the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe and the United States, acting as trustee for the San Juan Southern Paiute Tribe and the Members of the San Juan Southern Paiute Tribe.
(3)

No right established
Notwithstanding paragraphs (1) and (2), nothing in the Settlement Agreement or this Act recognizes or establishes any right of a Member of the San Juan Southern Paiute Tribe to water on the San Juan Southern Paiute Southern Area.
16.

Enforceability Date
(a)

In general
The Settlement Agreement, including the waivers and releases of claims described in paragraph 13 of the Settlement Agreement and section 14, shall take effect and be fully enforceable on the date on which the Secretary publishes in the Federal Register a statement of findings in accordance with the following:
(1)
The Settlement Agreement has been revised, through an amendment and restatement—
(A)
to eliminate any conflict between the Settlement Agreement and this Act; and
(B)
to include the executed Water Delivery Contracts required by section 6(c) and subparagraphs 10.1.1, 10.1.2, 10.1.3, 11.1.1, and 11.1.2 as Exhibits to the Settlement Agreement.
(2)
The Settlement Agreement, as revised through an amendment and restatement pursuant to paragraph (1), has been signed by not fewer than 30 of the Parties who executed the Settlement Agreement, making the Settlement Agreement effective, including—
(A)
the United States, acting through the Secretary;
(B)
the Navajo Nation;
(C)
the Hopi Tribe;
(D)
the San Juan Southern Paiute Tribe;
(E)
the State;
(F)
the Arizona State Land Department;
(G)
the Central Arizona Water Conservation District;
(H)
the Salt River Project Agricultural Improvement and Power District; and
(I)
the Salt River Valley Water Users’ Association.
(3)
Any Exhibit to the Settlement Agreement requiring execution by any Party has been executed by the required Party.
(4)
The waivers and releases of claims described in paragraph 13 of the Settlement Agreement and section 14 have been executed by the United States, Navajo Nation, Hopi Tribe, San Juan Southern Paiute Tribe, the State, and the other Parties.
(5)
$5,000,000,000 has been authorized, appropriated, and deposited in the designated accounts pursuant to section 13.
(6)
The LCR Decree has been approved by the LCR Adjudication Court substantially in the form of the judgment and decree attached as Exhibit 3.1.82 to the Settlement Agreement, as amended to ensure consistency with this Act.
(7)
The Gila River Adjudication Decree has been approved by the Gila River Adjudication Court substantially in the form of the judgment and decree attached as Exhibit 3.1.47 to the Settlement Agreement, as amended to ensure consistency with this Act.
(8)
The San Juan Southern Paiute Tribe and the Navajo Tribal Utility Authority have executed a water services agreement to deliver municipal water to the San Juan Southern Paiute Tribe and its members.
(9)
Each of the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe have executed the tribal resolution described in subsections (a)(2), (b)(2), and (c)(2) of section 18, respectively, consenting to the limited waiver of sovereign immunity from suit in the circumstances described in that section.
(b)

Failure to satisfy conditions
(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 June 30, 2035, or such alternative later date as may be agreed to by the Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute 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;
(C)
the United States shall be entitled to offset any Federal amounts made available under section 13(a)(2)(B) that were used under that section against any claims asserted by the Tribes against the United States; and
(D)
any amounts appropriated under section 13, together with any investment earnings on those amounts, less any amounts expended under section 9, shall revert immediately to the general fund of the Treasury.
(2)

Continued existence of the san juan southern paiute reservation
(A)

In general
Section 19 becomes effective on the date of enactment of this Act.
(B)

Continued effectiveness
Notwithstanding paragraph (1), if the Secretary fails to publish in the Federal Register a statement of findings under that paragraph by June 30, 2035, or such alternative later date as may be agreed to by the Tribes, the Secretary and the State, section 19 shall remain in effect.
17.

Colorado River accounting
(a)

Accounting for the type of water delivered
(1)

Navajo Nation Cibola Water; Navajo Nation Fourth Priority Water
All deliveries of Navajo Nation Cibola Water and Navajo Nation Fourth Priority Water effected by the diversion of water from the San Juan River or from the Colorado River above Lee Ferry shall be accounted for as deliveries of Arizona Lower Basin Colorado River Water.
(2)

Hopi Tribe Cibola Water
All deliveries of Hopi Tribe Cibola Water effected by the diversion of water from the Colorado River above Lee Ferry shall be accounted for as deliveries of Arizona Lower Basin Colorado River Water.
(3)

Navajo Nation Upper Basin Colorado River Water
All deliveries of Navajo Nation Upper Basin Colorado River Water effected by diversion of water from the Upper Basin in the State, New Mexico, or Utah shall be accounted for as deliveries of Arizona Upper Basin Colorado River Water.
(4)

Hopi Tribe Upper Basin Colorado River Water
All deliveries of Hopi Tribe Upper Basin Colorado River Water effected by diversion of water from the Upper Basin in the State shall be accounted for as deliveries of Arizona Upper Basin Colorado River Water.
(5)

Upper Basin Colorado River Water
All deliveries of Upper Basin Colorado River Water leased by either the Navajo Nation or the Hopi Tribe, whether effected by a diversion of water from the Upper Basin or the Lower Basin, shall be accounted for as deliveries of Arizona Upper Basin Colorado River Water.
(6)

Lower Basin Colorado River Water
All deliveries of Lower Basin Colorado River Water leased by the Navajo Nation or the Hopi Tribe, whether effected by a diversion of water from the Upper Basin or the Lower Basin, shall be accounted for as deliveries of Arizona Lower Basin Colorado River Water.
(b)

Special accounting rules for lower basin Colorado river water as lower basin use in Arizona, regardless of point of diversion or place of use
Notwithstanding section 10603(c)(2)(A) of the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1384), all Navajo Nation Cibola Water, Navajo Nation Fourth Priority Water, and Hopi Tribe Cibola Water delivered to and consumptively used by the Navajo Nation, the Hopi Tribe, or their lessees pursuant to the Settlement Agreement shall be—
(1)
accounted for as if such Use had occurred in the Lower Basin, regardless of the point of diversion or place of Use;
(2)
credited as water reaching Lee Ferry pursuant to articles III(c) and III(d) of the Colorado River Compact;
(3)
charged against the consumptive use apportionment made to the Lower Basin by article III(a) of the Colorado River Compact; and
(4)
accounted for as part of and charged against the 2,800,000 acre-feet of Colorado River Water apportioned to the State in article II(B)(1) of the Decree.
(c)

Limitation
Notwithstanding subsections (a) and (b), no water diverted by the Navajo-Gallup Water Supply Project shall be accounted for as provided in those subsections until such time as the Secretary has developed and, as necessary and appropriate, modified, in consultation with the State, the Upper Basin Colorado River Commission, and the Governors’ representatives on Colorado River Operations from each State signatory to the Colorado River Compact, all operational and decisional criteria, policies, contracts, guidelines, or other documents that control the operations of the Colorado River System reservoirs and diversion works, so as to adjust, account for, and offset the diversion of water apportioned to the State, pursuant to the Boulder Canyon Project Act (43 U.S.C. 617 et seq.), from a point of diversion on the San Juan River in New Mexico, subject to the conditions that—
(1)
all modifications shall be consistent with section 10603(c) of the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1384), as modified by this subsection; and
(2)
the modifications made pursuant to this subsection shall only be applicable for the duration of any such diversions pursuant to section 10603(c)(2)(B) of the Northwestern New Mexico Rural Water Projects Act (Public Law 111–11; 123 Stat. 1385) and this Act.
18.

Limited waiver of sovereign immunity
(a)

Limited waiver by the navajo nation and the United States acting as trustee for the navajo nation and navajo allottees
(1)

In general
The Navajo Nation, and the United States acting as trustee for the Navajo Nation and Navajo Allottees, may be joined in any action brought in any circumstance described in paragraph (3), and any claim by the Navajo Nation and the United States to sovereign immunity from any such action is waived.
(2)

Navajo Nation consent
By resolution No. CMY–26–24 and dated May 24, 2024, the Navajo Nation Council has affirmatively consented to the limited waiver of sovereign immunity from suit in any circumstance described in paragraph (3), notwithstanding any provision of the Navajo Nation Code or any other Navajo Nation law.
(3)

Circumstances described
A circumstance referred to in paragraphs (1) and (2) is any of the following:
(A)
Any party to the 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 Settlement Agreement;
(ii)
names the Navajo Nation, or the United States acting as trustee for the Navajo Nation or Navajo Allottees, as a party in that action; and
(iii)
does not include any request for award against the Navajo Nation, or the United States acting as trustee for the Navajo Nation or Navajo Allottees, for money damages, court costs, or attorney fees.
(B)
Any landowner or water user in the LCR Watershed or the Gila River Watershed—
(i)
brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of—
(I)
paragraph 13 of the Settlement Agreement;
(II)
the LCR Decree or the Gila River Adjudication Decree; or
(III)
section 14;
(ii)
names the Navajo Nation, or the United States acting as trustee for the Navajo Nation or Navajo Allottees, as a party in that action; and
(iii)
does not include any request for award against the Navajo Nation, or the United States acting as trustee for the Navajo Nation or Navajo Allottees, for money damages, court costs or attorney fees.
(b)

Limited waiver by the hopi tribe and the United States acting as trustee for the hopi tribe and hopi allotees
(1)

In general
The Hopi Tribe, and the United States acting as trustee for the Hopi Tribe and Hopi Allottees, may be joined in any action brought in any circumstance described in paragraph (3), and any claim by the Hopi Tribe and the United States to sovereign immunity from any such action is waived.
(2)

Hopi Tribe consent
By resolution No. H-035-2024 and dated May 20, 2024, the Hopi Tribal Council has affirmatively consented to the limited waiver of sovereign immunity from suit in any circumstance described in paragraph (3), notwithstanding any provision of the Hopi Tribal Code or any other Hopi Tribe law.
(3)

Circumstances described
A circumstance referred to in paragraphs (1) and (2) is any of the following:
(A)
Any party to the 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 Settlement Agreement;
(ii)
names the Hopi Tribe or the United States, acting as trustee for the Hopi Tribe or Hopi Allottees, as a party in that action; and
(iii)
does not include any request for award against the Hopi Tribe, or the United States acting as trustee for the Hopi Tribe or Hopi Allottees, for money damages, court costs, or attorney fees.
(B)
Any landowner or water user in the LCR Watershed—
(i)
brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of—
(I)
paragraph 13 of the Settlement Agreement;
(II)
the LCR Decree; or
(III)
section 14;
(ii)
names the Hopi Tribe, or the United States acting as trustee for the Hopi Tribe or Hopi Allottees, as a party in that action; and
(iii)
does not include any request for award against the Hopi Tribe, or the United States acting as trustee for the Hopi Tribe or Hopi Allottees, for money damages, court costs, or attorney fees.
(c)

Limited waiver by the san juan southern paiute tribe and the United States acting as trustee for the san juan southern paiute tribe
(1)

In general
The San Juan Southern Paiute Tribe and the United States acting as trustee for the San Juan Southern Paiute Tribe may be joined in any action brought in any circumstance described in paragraph (3), and any claim by the San Juan Southern Paiute Tribe and the United States to sovereign immunity from any such action is waived.
(2)

San Juan Southern Paiute Tribe consent
By resolution No. 2024–040, dated May 23, 2024, the San Juan Southern Paiute Tribal Council has affirmatively consented to the limited waiver of sovereign immunity from suit in any circumstance described in paragraph (3), notwithstanding any provision of the San Juan Southern Paiute Tribal Code or any other San Juan Southern Paiute Tribal law.
(3)

Circumstances described
A circumstance referred to in paragraphs (1) and (2) is any of the following:
(A)
Any party to the 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 Settlement Agreement;
(ii)
names the San Juan Southern Paiute Tribe or the United States acting as trustee for the San Juan Southern Paiute Tribe as a party in that action; and
(iii)
does not include any request for award against the San Juan Southern Paiute Tribe, or the United States acting as trustee for the San Juan Southern Paiute Tribe, for money damages, court costs, or attorney fees.
(B)
Any landowner or water user in the LCR Watershed—
(i)
brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of—
(I)
paragraph 13 of the Settlement Agreement;
(II)
the LCR Decree; or
(III)
section 14;
(ii)
names the San Juan Southern Paiute Tribe or the United States acting as trustee for the San Juan Southern Paiute Tribe as a party in that action; and
(iii)
does not include any request for award against the San Juan Southern Paiute Tribe, or the United States acting as trustee for the San Juan Southern Paiute Tribe, for money damages, court costs, or attorney fees.
19.

Ratification of the Treaty and creation of the San Juan Southern Paiute Reservation
(a)

Ratification and approval of the treaty
The Treaty and the Treaty Addendum are hereby approved, ratified, and confirmed.
(b)

Approval of the Secretary
(1)

In general
The Secretary is authorized and directed—
(A)
to approve and execute the Treaty and the Treaty Addendum, except that the specific findings stated under the heading “APPROVAL” shall not be binding on the Secretary; and
(B)
to take all steps necessary to implement the Treaty and this Act.
(2)

Approval and execution of amendments
The Secretary is delegated the authority, without a further Act of Congress, to approve and execute amendments to the Treaty agreed to by the Navajo Nation and the San Juan Southern Paiute Tribe.
(c)

Lands proclaimed a reservation for the san juan southern paiute tribe
(1)

In general
All right, title, and interest, including Water Rights, to the approximately 5,400 acres of land within the Navajo Indian Reservation that are described in the Treaty as the San Juan Paiute Northern Area and the San Juan Paiute Southern Paiute Area are hereby proclaimed as the San Juan Southern Paiute Reservation and such land shall be held by the United States in trust as a reservation for the exclusive benefit of the San Juan Southern Paiute Tribe, subject to the rights of access under subsection (d).
(2)

No appraisal or valuation
Notwithstanding any other provision law, no appraisal or other valuation shall be required to carry out this subsection.
(d)

Rights of access and easements
The Navajo Reservation and the San Juan Southern Paiute Reservation shall be subject to the rights of access and easements as identified in the Treaty.
(e)

Surveying and fencing of land
(1)

Requirement
The Secretary shall—
(A)
as soon as practicable after the date of enactment of this Act, complete a survey and legal description of the boundary lines to establish the boundaries of the San Juan Southern Paiute Reservation;
(B)
officially file the survey plat in the appropriate office of the Department of the Interior;
(C)
mark and fence the lands as described in article V of the Treaty, where feasible; and
(D)
study the feasibility of an access road to the San Juan Paiute Southern Area from U.S. Route 89, as described in article XI of the Treaty.
(2)

Legal description
(A)

In general
The legal descriptions published in accordance with subparagraph (B) shall—
(i)
be considered the official legal description of the San Juan Southern Paiute Reservation; and
(ii)
have the same force and effect as if included in this Act.
(B)

Publication
On completion of the surveys under paragraph (1)(A), the Secretary shall publish in the Federal Register a legal description of the land comprising the San Juan Southern Paiute Reservation.
(C)

Corrections
The Secretary may make minor corrections to correct technical and clerical errors in the legal descriptions.
(f)

Repeal of paiute allotment procedures
Section 9 of Public Law 93–531 (88 Stat. 1716) is repealed.
(g)

Publication; jurisdiction
(1)

Publication
In accordance with article VI of the Treaty, the Secretary shall publish in the Federal Register separate notices of completion or boundary marking of—
(A)
the San Juan Paiute Northern Area; and
(B)
the San Juan Paiute Southern Area.
(2)

Jurisdiction
On publication in the Federal Register under subparagraph (A) or (B) of paragraph (1)—
(A)
the San Juan Southern Paiute Tribe shall have full jurisdiction over all matters within that area of the San Juan Southern Paiute Reservation to the fullest extent permitted by Federal law; and
(B)
the Navajo Nation shall not have jurisdiction over matters occurring within that area of the San Juan Southern Paiute Reservation except as agreed to by the Navajo Nation and the San Juan Southern Paiute Tribe.
20.

Antideficiency; savings provisions; effect
(a)

No quantification or effect on rights of other Indian Tribes or the United States on their behalf
Except as provided in paragraph 8.3 of the Settlement Agreement, nothing in this Act—
(1)
quantifies or otherwise affects the Water Rights, or claims or entitlements to water or to Upper Basin Colorado River Water or Lower Basin Colorado River Water, of any Indian Tribe, band, or community, other than the Navajo Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe; or
(2)
affects the ability of the United States to take action on behalf of any Indian Tribe, nation, band, community, or allottee, other than the Navajo Nation, the Hopi Tribe and the San Juan Southern Paiute Tribe, their members, Navajo Allottees, Hopi Allottees, and Public Domain Allottees.
(b)

No quantification of water rights of public domain allottees
Nothing in this Act—
(1)
quantifies or adjudicates any Water Right or any claim or entitlement to water of a Public Domain Allottee, or precludes the United States, acting as trustee for Public Domain Allottees, from making claims for Water Rights in the State that are consistent with the claims described in Exhibit 3.1.132B to the Settlement Agreement; or
(2)
except as provided in subparagraphs 8.2.3, 8.4.7, and 15.2.3.4 of the Settlement Agreement, affects the ability of the United States to take action on behalf of Public Domain Allottees.
(c)

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 adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act.
(d)

No modification or preemption of other laws
Unless expressly provided in this Act, nothing in this Act modifies, conflicts with, preempts, or otherwise affects—
(1)
the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2)
the Boulder Canyon Project Adjustment Act (54 Stat. 774, chapter 643);
(3)
the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620 et seq.);
(4)
the Colorado River Basin Project Act (43 U.S.C. 1501 et seq.);
(5)
the Treaty between the United States of America and Mexico, done at Washington February 3, 1944 (59 Stat. 1219);
(6)
the Colorado River Compact;
(7)
the Upper Colorado River Basin Compact of 1948;
(8)
the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991); or
(9)
case law relating to Water Rights in the Colorado River System other than any case to enforce the Settlement Agreement or this Act.
(e)

No precedent
Nothing in this Act establishes a precedent for any type of transfer of Colorado River System water between the Upper Basin and the Lower Basin.
(f)

Unique situation
Diversions through the iiná bá – paa tuwaqat’si pipeline and the Navajo-Gallup Water Supply Project facilities consistent with this Act address critical Tribal and non-Indian water supply needs under unique circumstances, which include, among other things—
(1)
the intent to benefit a number of Indian Tribes;
(2)
the Navajo Nation’s location in the Upper Basin and the Lower Basin;
(3)
the intent to address critical Indian and non-Indian water needs in the State;
(4)
the lack of other reasonable alternatives available for developing a firm, sustainable supply of municipal water for the Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe in the State; and
(5)
the limited volume of water to be diverted by the iiná bá – paa tuwaqat’si pipeline and Navajo-Gallup Water Supply Project to supply municipal Uses in the State.
(g)

Efficient use
The diversions and Uses authorized for the iiná bá – paa tuwaqat’si pipeline under this Act represent unique and efficient Uses of Colorado River apportionments in a manner that Congress has determined would be consistent with the obligations of the United States to the Navajo Nation and the Hopi Tribe.
(h)

No effect on enforcement of environmental laws
Nothing in this Act precludes the United States from enforcing the requirements of—
(1)
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including claims for damages to natural resources);
(2)
the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(3)
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(4)
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as the “Resource Conservation and Recovery Act of 1976”); or
(5)
the implementing regulations of those Acts.