[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2025 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 2025
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2025
Mr. Ciscomani (for himself, Mr. Stanton, Ms. Ansari, Mr. Grijalva, Mr.
Crane, 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Northeastern
Arizona Indian Water Rights Settlement Act of 2025''.
(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 Arizona Colorado River Water to
the Tribes; water use; storage; water
delivery contracts.
Sec. 7. Colorado River Water leases and exchanges; Uses.
Sec. 8. iina ba - paa tuwaqat'si pipeline.
Sec. 9. iina ba - paa tuwaqat'si pipeline Implementation Fund Account.
Sec. 10. Navajo Nation Water Settlement Trust Fund.
Sec. 11. Hopi Tribe Water 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. Authorization for use of Navajo-Gallup Water Supply Project
facilities.
Sec. 21. Antideficiency; savings provisions; effect.
SEC. 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 and appropriate funds necessary for the
implementation of the Settlement Agreement and this Act.
SEC. 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 colorado river water.--
(A) In general.--The term ``Arizona 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;
(iii) the contract for delivery of water
between the United States and the State, dated
February 9, 1944; and
(iv) the Decree.
(B) Limitations.--The term ``Arizona 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 (iv) of subparagraph (A).
(4) 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.
(5) Arizona lower basin colorado river water.--The term
``Arizona Lower Basin Colorado River Water'' means the
2,800,000 AFY of consumptive use of Colorado River Water
apportioned to the State in article II(B)(1) of the Decree.
(6) Arizona upper basin colorado river water.--The term
``Arizona 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.
(7) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(8) 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.).
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) Colorado river system.--The term ``Colorado River
System'' has the meaning given the term in article II(a) of the
Colorado River Compact.
(14) 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) or
the consolidated decree entered on March 27, 2006, in
Arizona v. California, 547 U.S. 150 (2006); and
(B) any modification to a decree described in
subparagraph (A).
(15) Diversion.--The term ``diversion'' means an act to
divert.
(16) 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 to capture water.
(17) 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.
(18) 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.
(19) Enforceability date.--The term ``Enforceability Date''
means the date described in section 16(a).
(20) Fifth priority water.--The term ``Fifth Priority
Water'' has the meaning given the term in the Hopi Tribe
Existing Cibola Contract.
(21) 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.
(22) 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).
(23) 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.
(24) 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.
(25) 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.
(26) 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 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.
(27) 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.
(28) 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.
(29) Hopi land.--The term ``Hopi Land'' means--
(A) the Hopi Reservation;
(B) Hopi Trust Land; and
(C) Hopi Fee Land.
(30) 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 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.
(31) 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)).
(32) 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.
(33) 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.
(34) 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.
(35) 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.
(36) 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.
(37) 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.
(38) 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.
(39) Hopi tribe upper basin colorado river water.--The term
``Hopi Tribe Upper Basin Colorado River Water'' means the 2,300
AFY of Arizona Upper Basin Colorado River Water allocated to
the Hopi Tribe--
(A) pursuant to section 6(a)(2); and
(B) as provided in subparagraphs 5.7 and 11.1.1 of
the Settlement Agreement.
(40) 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.
(41) 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 Hopi Tribe.
(42) Iina ba - paa tuwaqat'si pipeline.--The term ``iina ba
- paa tuwaqat'si pipeline'' means the water project described
in--
(A) section 8; and
(B) subparagraph 12.1 of the Settlement Agreement.
(43) Iina ba - paa tuwaqat'si pipeline implementation fund
account.--The term ``iina ba - 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.
(44) Impoundment.--The term ``impoundment'' means a human-
made structure used to store water.
(45) 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 due to a diversion or Use of
Water that is not--
(A) inconsistent with the Settlement Agreement as
revised pursuant to section 16(a)(1);
(B) inconsistent with this Act; and
(C) in violation of State law.
(46) 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.
(47) 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.
(48) LCR.--The term ``LCR'' means the Little Colorado
River.
(49) 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.
(50) 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.
(51) 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.
(52) 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.
(53) Lease period.--The term ``Lease Period'' means the
period of time during which the Navajo Nation and the Hopi
Tribe are authorized to execute leases of Arizona Colorado
River Water allocated to the Navajo Nation and the Hopi Tribe
under this Act, which shall be determined pursuant to
subparagraphs (C) and (D) of section 7(b)(2).
(54) Lower basin.--The term ``Lower Basin'' has the meaning
given the term in article II(g) of the Colorado River Compact.
(55) 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.
(56) NAIWRSA system conservation program.--The term
``NAIWRSA System Conservation Program'' means the 20-year
program to store 17,050 AFY of System Conservation Eligible
Water in Lake Powell by the Navajo Nation and the Hopi Tribe,
as described in section 6(c)(4)(C).
(57) 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.
(58) 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.
(59) 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.
(60) Navajo-gallup water supply project; project.--The
terms ``Navajo-Gallup Water Supply Project'' and ``Project''
mean 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).
(61) Navajo land.--The term ``Navajo Land'' means--
(A) the Navajo Reservation;
(B) Navajo Trust Land; and
(C) Navajo Fee Land.
(62) 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.
(63) 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.
(64) 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.
(65) 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.
(66) 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.
(67) 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.
(68) 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.
(69) Navajo nation upper basin colorado river water.--The
term ``Navajo Nation Upper Basin Colorado River Water'' means
the 44,700 AFY of Arizona Upper Basin Colorado River Water--
(A) allocated to the Navajo Nation pursuant to
section 6(a)(1); and
(B) described in subparagraphs 4.7 and 10.1 of the
Settlement Agreement.
(70) 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.
(71) 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.
(72) 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.
(73) 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 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 in
those subparagraphs shall control.
(74) 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.
(75) 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 Navajo Nation.
(76) Navajo-utah water rights settlement.--The term
``Navajo-Utah Water Rights Settlement'' means the Navajo Utah
Water Rights Settlement Agreement approved, ratified, and
confirmed pursuant to section 1102 of title XI of division FF
of Public Law 116-260 (134 Stat. 3224).
(77) 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.
(78) OM&R.--The term ``OM&R'' means operation, maintenance,
and replacement.
(79) Party.--The term ``Party'' mean a Person that is a
signatory to the Settlement Agreement.
(80) 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).
(81) 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.
(82) 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.
(83) 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.
(84) 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.
(85) San juan southern paiute groundwater projects.--The
term ``San Juan Southern Paiute Groundwater Projects'' means
the projects described in--
(A) section 12(f)(1); and
(B) subparagraph 12.4.1 of the Settlement
Agreement.
(86) 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.
(87) San juan southern paiute northern area.--The term
``San Juan Southern Paiute Northern Area'' means the land--
(A) located in the State of Utah; and
(B) depicted on the map attached as Exhibit 3.1.146
to the Settlement Agreement.
(88) San juan southern paiute reservation.--The term ``San
Juan Southern Paiute Reservation'' means the approximately
5,400 acres of land--
(A) located in the State and the State of Utah; and
(B) consisting of 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.
(89) 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.
(90) 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.
(91) 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.
(92) San juan southern paiute southern area.--The term
``San Juan Southern Paiute Southern Area'' means the land
located in the State and depicted on the map attached as
Exhibit 3.1.147 to the Settlement Agreement.
(93) 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)).
(94) 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 San Juan Southern Paiute
Tribe.
(95) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(96) 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.
(97) Sixth priority water.--The term ``Sixth Priority
Water'' has the meaning given the term in the Hopi Tribe
Existing Cibola Contract.
(98) State.--The term ``State'' means the State of Arizona.
(99) 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.
(100) System conservation.--The term ``System
Conservation'' means a voluntary reduction of consumptive use
of Arizona Colorado River Water that can be estimated or
measured, including municipal and industrial conservation
efforts and the fallowing of agricultural land, to create
conserved water to benefit the Colorado River System.
(101) System conservation eligible water.--
(A) In general.--The term ``System Conservation
Eligible Water'' means 34,100 AFY of Navajo Nation
Upper Basin Colorado River Water and Hopi Tribe Upper
Basin Colorado River Water, allocated between the
Navajo Nation and the Hopi Tribe consistent with
section 6(c)(4)(C) and subclauses (I) and (II) of
section 7(b)(2)(D)(ii).
(B) Period of time.--For purposes of this Act, the
System Conservation Eligible Water is--
(i) deemed to have been consumptively used
for a period of 50 years based on the 34,100
AFY of Arizona Upper Basin Colorado River Water
that was previously contracted for consumptive
use by the Navajo Generating Station; and
(ii) a portion of the allocations of
Arizona Upper Basin Colorado River Water to the
Navajo Nation and the Hopi Tribe described in
paragraphs (1)(A)(ii) and (2)(A)(ii) of section
6(a).
(C) Eligibility.--For purposes of this Act, the
System Conservation Eligible Water is eligible for the
NAIWRSA System Conservation Program.
(102) 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.
(103) 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.
(104) Tribe.--The term ``Tribe'' means, individually, as
applicable--
(A) the Navajo Nation;
(B) the Hopi Tribe; or
(C) the San Juan Southern Paiute Tribe.
(105) Tribes.--The term ``Tribes'' means, collectively--
(A) the Navajo Nation;
(B) the Hopi Tribe; and
(C) the San Juan Southern Paiute Tribe.
(106) 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.
(107) 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.
(108) Upper basin.--The term ``Upper Basin'' has the
meaning given the term in article II(f) of the Colorado River
Compact.
(109) Upper basin colorado river water.--The term ``Upper
Basin Colorado River Water'' means the waters of the Upper
Basin.
(110) Upper colorado river basin compact of 1948.--The term
``Upper Colorado River Basin Compact of 1948'' means the Upper
Colorado River Basin Compact of 1948, as ratified and reprinted
in article 3 of chapter 7 of title 45, Arizona Revised
Statutes.
(111) Upper division states.--The term ``Upper Division
States'' means the States of Wyoming, Colorado, New Mexico, and
Utah, as described in the Colorado River Compact.
(112) Use.--The term ``Use'' means any beneficial use,
including instream flow, recharge, storage, recovery, or any
other use recognized as beneficial under applicable law.
(113) Water.--The term ``water'', when used without a
modifying adjective, means Groundwater, Surface Water, Colorado
River Water, or Effluent.
(114) 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.
(115) Well.--The term ``Well'' means a human-made opening
in the earth through which Underground Water may be withdrawn
or obtained.
(116) 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)).
SEC. 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.--
(A) In general.--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.
(B) Abstracts.--Prior to the execution of the
Settlement Agreement by the Secretary, the abstracts
attached as Exhibits to the Settlement Agreement shall
be modified, as necessary--
(i) to correct errors or omissions to the
satisfaction of the Parties; and
(ii) to conform with applicable Federal and
State 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 iina ba - 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) Iina ba - paa tuwaqat'si pipeline.--Any costs
associated with the performance of the compliance activities
under subsection (c) relating to the iina ba - paa tuwaqat'si
pipeline shall be paid from funds deposited in the iina ba -
paa tuwaqat'si pipeline Implementation Fund Account.
SEC. 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, as described in the Settlement Agreement; 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 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
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 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 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 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 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 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 Hopi Allottees.
(d) Places of Use.--
(1) Navajo nation and navajo allottees.--
(A) In general.--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 may be
used anywhere on the Navajo Reservation or on Off-
Reservation land held in trust by the United States for
the Navajo Nation, but, except as provided in
subparagraph (F), may not be sold, leased, transferred,
or in any way used off of the Navajo Reservation or off
of Off-Reservation land held in trust by the United
States for the Navajo Nation.
(B) Other places of use.--The place of Use of
Navajo Nation Upper Basin Colorado River Water, Navajo
Nation Cibola Water, and Navajo Nation Fourth Priority
Water are as described in section 6(b)(1).
(C) Water use on off-reservation trust land.--
(i) In general.--Water Use on Off-
Reservation land held in trust by the United
States for the Navajo Nation shall be governed
by subparagraphs 4.12, 4.13, 4.15, 4.16, and
4.18.1 of the Settlement Agreement.
(ii) Use.--Except as provided in
subparagraph (F), the water referred to in
clause (i) may be used only on the Navajo
Reservation and on Off-Reservation land held in
trust by the United States for the Navajo
Nation.
(D) Water use on fee land.--Water Use on land owned
in fee by the Navajo Nation shall be governed by
subparagraphs 4.11, 4.12, 4.13, 4.14, 4.15, and 4.16 of
the Settlement Agreement.
(E) Restrictions.--The rights of a Navajo Allottee,
or the United States acting as trustee for a Navajo
Allottee, to use water described in subparagraph 4.10.1
of the Settlement Agreement on a Navajo Allotment may
not be sold, leased, transferred, or in any way used
off of the Navajo Allotment, except for Use on the
Navajo Reservation pursuant to the Navajo Nation Water
Code.
(F) Water for municipal use.--Notwithstanding
subparagraphs (A) and (C)(ii) and subparagraph 7.2.3.1
of the Settlement Agreement, the Navajo Nation or the
United States acting as trustee for the Navajo Nation
may provide water for municipal Use off of the Navajo
Reservation from facilities that are physically
connected to facilities on the Navajo Reservation.
(2) Hopi tribe and hopi allottees.--
(A) In general.--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 may be used anywhere on
the Hopi Reservation or on Off-Reservation land held in
trust by the United States for the Hopi Tribe, but,
except as provided in subparagraph (F), may not be
sold, leased, transferred, or in any way used off of
the Hopi Reservation or off of Off-Reservation land
held in trust by the United States for the Hopi Tribe.
(B) Other places of use.--The place of Use of Hopi
Tribe Upper Basin Colorado River Water and Hopi Tribe
Cibola Water are as described in section 6(b)(2).
(C) Water use on off-reservation trust land.--
(i) In general.--Water Use on Off-
Reservation land held in trust by the United
States for the Hopi Tribe shall be governed by
subparagraphs 5.10, 5.11, 5.12, 5.13, and
5.15.1 of the Settlement Agreement.
(ii) Use.--Except as provided in
subparagraph (F), the water referred to in
clause (i) may be used only on the Hopi
Reservation and on Off-Reservation land held in
trust by the United States for the Hopi Tribe.
(D) Water use on fee land.--Water Use on land owned
in fee by the Hopi Tribe shall be governed by
subparagraphs 5.10, 5.11, and 5.12 of the Settlement
Agreement.
(E) Restrictions.--The rights of a Hopi Allottee,
or the United States acting as trustee for a Hopi
Allottee, to use water described in subparagraph 5.9 of
the Settlement Agreement on a Hopi Allotment may not be
sold, leased, transferred, or in any way used off of
the Hopi Allotment.
(F) Water for municipal use.--Notwithstanding
subparagraphs (A) and (C)(ii) and subparagraph 7.2.3.1
of the Settlement Agreement, the Hopi Tribe or the
United States acting as trustee for the Hopi Tribe may
provide water for municipal Use off of the Hopi
Reservation from facilities that are physically
connected to facilities on the Hopi Reservation.
(3) San juan southern paiute tribe.--
(A) In general.--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 may be used on the
San Juan Southern Paiute Southern Area or on Off-
Reservation land held in trust by the United States for
the San Juan Southern Paiute Tribe, but may not be
sold, leased, transferred, or in any way used off of
the San Juan Southern Paiute Southern Area or off of
Off-Reservation land held in trust by the United States
for the San Juan Southern Paiute Tribe.
(B) Water use on off-reservation trust land.--
(i) In general.--Water Use on Off-
Reservation land held in trust by the United
States for the San Juan Southern Paiute Tribe
shall be governed by subparagraphs 6.5, 6.6,
and 6.7.1 of the Settlement Agreement.
(ii) Use.--Except as provided in
subparagraph (D), the water referred to in
clause (i) may be used only on the San Juan
Southern Paiute Southern Area and on Off-
Reservation land held in trust by the United
States for the San Juan Southern Paiute Tribe.
(C) Water use on fee land.--Water Use on land owned
in fee by the San Juan Southern Paiute Tribe shall be
governed by subparagraphs 6.4, 6.5, and 6.6 of the
Settlement Agreement.
(D) Water for municipal use.--Notwithstanding
subparagraphs (A) and (B)(ii) and subparagraph 7.2.3.1
of the Settlement Agreement, and subject to
subparagraph 12.5.1.3 of the Settlement Agreement, the
San Juan Southern Paiute Tribe or the United States
acting as trustee for the San Juan Southern Paiute
Tribe may provide water for municipal Use off of the
San Juan Southern Paiute Southern Area from facilities
that are physically connected to facilities on the San
Juan Southern Paiute Southern Area.
(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 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 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.--
(1) In general.--The Navajo Nation Water Code shall
provide--
(A) that Use of water by Navajo Allottees shall be
satisfied with water from the Water Rights described in
subsection (c)(1);
(B) a process by which a Navajo Allottee may
request that the Navajo Nation allocate 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);
(C) 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--
(i) appeal and adjudication of any denied
or disputed distribution of water; and
(ii) resolution of any contested
administrative decision; and
(D) 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).
(2) Tribal consultation.--
(A) In general.--After consultation with the Navajo
Nation, the Secretary shall determine whether the
Navajo Nation Water Code in effect on the date of
enactment of this Act satisfies the requirements of
paragraph (1).
(B) Satisfies requirements.--If the Secretary
determines that the Navajo Nation Water Code in effect
on the date of enactment of this Act satisfies the
requirements of paragraph (1), the Secretary shall
notify the Navajo Nation of that determination in
writing.
(C) Does not satisfy requirement.--If the Secretary
determines that the Navajo Nation Water Code in effect
on the date of enactment of this Act does not satisfy
the requirements of paragraph (1), the Secretary shall
notify the Navajo Nation in writing that amendments are
necessary to satisfy the requirements of subsection
(g)(1).
(3) Navajo nation action.--Not later than 3 years after the
date on which the Secretary notifies the Navajo Nation pursuant
to paragraph (2)(C), the Navajo Nation shall amend the Navajo
Nation Water Code and submit to the Secretary the amendments to
the Navajo Nation Water Code for review and approval pursuant
to subsection (h).
(h) Action by the Secretary.--
(1) In general.--The Secretary shall administer, with
respect to the rights of the Navajo Allottees, the Water Rights
identified under subsection (c)(1) during the period beginning
on the date of enactment of this Act and ending on the earlier
of--
(A) the date on which the Secretary provides notice
to the Navajo Nation pursuant to paragraph (2)(B) of
subsection (g) that the Navajo Nation Water Code
satisfies the requirements of paragraph (1) of that
subsection; and
(B) the date on which the Secretary has approved
amendments to the Navajo Nation Water Code submitted
pursuant to subsection (g)(3).
(2) Approval.--The Navajo Nation Water Code amendments
described in subsection (g)(3) 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.--If the Secretary requires
amendments to the Navajo Nation Water Code pursuant to
paragraph (2)(C) of subsection (g), the Secretary shall
approve or disapprove the amendments to the Navajo
Nation Water Code described in paragraph (3) of that
subsection 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.
SEC. 6. ALLOCATION AND ASSIGNMENT OF ARIZONA COLORADO RIVER WATER TO
THE TRIBES; WATER USE; STORAGE; 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 Arizona
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) 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 Arizona
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 by the Navajo Nation and Hopi Tribe.--
(1) Colorado river water use by the navajo nation.--
(A) Navajo nation upper basin colorado river water
use.--Subject to the limitations of this Act, the
Navajo Nation may divert its Navajo Nation Upper Basin
Colorado River Water in the State, the State of New
Mexico, and the State of Utah for Use at any location
in the State.
(B) Navajo nation cibola water.--Subject to the
limitations of this Act, the Navajo Nation may divert
its Navajo Nation Cibola Water in the State in the
Upper Basin at Lake Powell or in the Lower Basin for
Use at any location within the Lower Basin.
(C) Navajo nation fourth priority water.--The
Navajo Nation may divert its Navajo Nation Fourth
Priority Water in the State in the Upper Basin at Lake
Powell or in the Lower Basin for Use at any location
within the Lower Basin.
(D) No use outside of the state.--With the
exception of water storage by the Navajo Nation at the
Navajo Reservoir and the Frank Chee Willetto, Sr.
Reservoir in the State of New Mexico, the Navajo Nation
may not use, lease, exchange, forbear, or otherwise
transfer any of the water described in subparagraphs
(A), (B), and (C) for Use directly or indirectly
outside of the State.
(2) Colorado river water use by the hopi tribe.--
(A) Hopi tribe upper basin colorado river water
use.--Subject to the limitations of this Act, the Hopi
Tribe may divert its Hopi Tribe Upper Basin Colorado
River Water in the State for Use at any location in the
State.
(B) Hopi tribe cibola water use.--The Hopi Tribe
may divert its Hopi Tribe Cibola Water in the State in
the Upper Basin at Lake Powell or in the Lower Basin
for Use at any location within the Lower Basin.
(C) No use outside of the state.--The Hopi Tribe
may not use, lease, exchange, forbear, or otherwise
transfer any of the water described in subparagraphs
(A) and (B) for Use directly or indirectly outside of
the State.
(3) Curtailment.--
(A) Navajo nation.--
(i) 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.
(ii) Other arizona lower basin colorado
river water acquired by the navajo nation.--Any
other Arizona 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.
(B) Hopi tribe.--
(i) Fourth priority cibola water.--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.
(ii) 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.
(iii) Other arizona lower basin colorado
river water acquired by the hopi tribe.--Any
other Arizona 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.
(c) Colorado River Water Storage.--
(1) Storage in arizona.--
(A) Arizona upper basin colorado river water.--
Navajo Nation Upper Basin Colorado River Water and Hopi
Tribe Upper Basin Colorado River 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.
(B) Arizona lower basin colorado river water.--
Navajo Nation Cibola Water, Navajo Nation Fourth
Priority 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 that falls within the
Lower Basin in accordance with applicable law;
and
(iv) within any portion of the State that
falls within the Lower Basin and outside of any
Indian reservation in accordance with State
law.
(2) Storage credits.--
(A) In general.--The Navajo Nation and the Hopi
Tribe may assign any long-term storage credits accrued
as a result of storage under subparagraphs (A) and (B)
of paragraph (1) in accordance with applicable law.
(B) 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.
(3) Storage in new mexico.--The Navajo Nation may store in,
divert, and convey its Navajo Nation Upper Basin Colorado River
Water from the Navajo Reservoir and the Frank Chee Willetto,
Sr. Reservoir in New Mexico, subject to the requirements of
subsection (g), including that the water stored at the Navajo
Reservoir or the Frank Chee Willetto, Sr. Reservoir is subject
to agreements with and permits from the State of New Mexico and
is accounted for as provided in that subsection and section
17(a)(3).
(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) System conservation.--
(i) System conservation in lake powell.--
(I) In general.--Subject to
subclauses (IV) through (VII), the
Secretary is authorized and directed to
enter into NAIWRSA System Conservation
Program agreements with the Navajo
Nation and the Hopi Tribe to provide
for the storage of 17,050 AFY of the
System Conservation Eligible Water each
year for a period of 20 years to be
retained in Lake Powell until the end
of the 20-year period for the benefit
of the Colorado River System.
(II) Navajo nation and hopi tribe
agreements.--
(aa) Navajo nation.--
Pursuant to subclause (I), the
Navajo Nation shall enter into
20-year NAIWRSA System
Conservation Program agreement
to deliver 16,214.55 AFY of the
System Conservation Eligible
Water to the Secretary to be
retained in Lake Powell and
accounted for separately during
the 20-year period for the
benefit of the Colorado River
System.
(bb) Hopi tribe.--Pursuant
to subclause (I), the Hopi
Tribe shall enter into a 20-
year NAIWRSA System
Conservation Program agreement
to deliver 835.45 AFY of the
System Conservation Eligible
Water to the Secretary to be
retained in Lake Powell and
accounted for separately during
the 20-year period for the
benefit of the Colorado River
System.
(III) Notification.--
Notwithstanding subclause (II), during
the 20-year period in which the Navajo
Nation and the Hopi Tribe are
delivering water to the NAIWRSA System
Conservation Program, if the Hopi Tribe
intends to deliver more than 1,464.55
AFY of Hopi Tribe Upper Basin Colorado
River Water to the Hopi Reservation in
any calendar year--
(aa) the Hopi Tribe shall
notify the Navajo Nation prior
to the start of that calendar
year of the amount of Hopi
Tribe Upper Basin Colorado
River Water in excess of
1,464.55 AFY that the Hopi
Tribe intends to deliver to the
Hopi Reservation during the
subsequent calendar year; and
(bb) the Navajo Nation
shall deliver sufficient
additional System Conservation
Eligible Water to ensure that
17,050 AFY is delivered to the
Secretary each calendar year to
be retained in Lake Powell
pursuant to the NAIWRSA System
Conservation Program.
(IV) Evaporation losses.--The
System Conservation Eligible Water
stored in Lake Powell shall be subject
to evaporation losses.
(V) Release.--Notwithstanding the
intention to retain the System
Conservation Eligible Water stored in
Lake Powell for 20 years, as described
in subclauses (I) and (II), the System
Conservation Eligible Water may be
released--
(aa) pursuant to an
agreement signed by the
Governors' representatives of
the Colorado River Basin States
and the Bureau; or
(bb) by the Bureau
consistent with operating
criteria or guidelines.
(VI) No consideration in annual
release.--The System Conservation
Eligible Water stored at Lake Powell
shall not be considered when
determining the annual release of Lake
Powell under the operational criteria
or guidelines in place for any year in
the 20-year period in which the Navajo
Nation and the Hopi Tribe are
delivering water to the NAIWRSA System
Conservation Program and any subsequent
year.
(VII) Accounting as upper basin.--
Any System Conservation Eligible Water
released from storage shall be
accounted for as Upper Basin releases
under article III of the Colorado River
Compact.
(ii) Participation in system conservation
programs.--In addition to the NAIWRSA System
Conservation Program to store System
Conservation Eligible Water in Lake Powell for
20 years as described in subclauses (I) and
(II) of clause (i), the Navajo Nation and the
Hopi Tribe are authorized to participate in
System Conservation programs in the Upper Basin
for Navajo Nation Upper Basin Colorado River
Water and Hopi Tribe Upper Basin Colorado River
Water and in the Lower Basin for Navajo Nation
Cibola Water and Navajo Nation Fourth Priority
Water and Hopi Tribe Cibola Water to the extent
that the water meets the applicable
requirements of those System Conservation
programs.
(d) Transportation of Water Through the CAP System.--Subject to the
accounting provisions of section 17, 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, including payment of applicable charges.
(e) 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) subject to the limitations of this
Act, 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 within the
Lower Basin other than as described in the Hopi Tribe
Existing Cibola Contract;
(B) 1 or more points of diversion in the State
within the Lower Basin or at Lake Powell;
(C) storage in any location within the State within
the Lower Basin Reservoir in New Mexico;
(D) Use at any location within the State within the
Lower Basin;
(E) delivery of Navajo Nation Cibola Water to the
Navajo Nation's lessees and exchange partners in the
State within the Lower Basin; and
(F) curtailment as provided in subsection
(b)(3)(A).
(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
within the Lower Basin or at Lake Powell;
(C) storage in any location within the State within
the Lower Basin;
(D) Use at any location within the State within the
Lower Basin;
(E) delivery of Navajo Nation Fourth Priority Water
to the Navajo Nation's lessees and exchange partners in
the State within the Lower Basin; and
(F) curtailment as provided in subsection
(b)(3)(A).
(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) subject to the limitations of this Act, 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
within the Lower Basin or at Lake Powell;
(C) storage in any location within the State within
the Lower Basin;
(D) Use at any location within the State within the
Lower Basin, 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 State
within the Lower Basin; and
(F) curtailment as provided in subsection
(b)(3)(B).
(f) 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, and in accordance with subsection (g), 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 of 1948.
(3) Nothing in a water delivery contract shall alter or
impair the rights, authorities, and interests of California,
Nevada, or 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 or the Decree.
(4) A water delivery contract shall not limit the ability
of California, Nevada, or 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 Arizona Upper Basin Colorado River Water to
the Lower Basin, the Secretary shall confer with the State and
with the Governors' representatives of the Colorado River Basin
States prior to executing that water delivery contract with
respect to--
(A) the impact of the water deliveries on the
availability of Upper Basin Colorado River Water or
Arizona Lower Basin Colorado River Water within the
State;
(B) the annual accounting conducted by the Bureau
for the Colorado River apportionments of the State in
the Upper Basin and Lower Basin;
(C) how diversions of Arizona Upper Basin Colorado
River Water in the Lower Basin will be administered
consistently with the Decree; and
(D) 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 California, Nevada, or the State, or serve as
precedent against California, Nevada, or 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.
(g) Conditions for Storage, Diversion, and Conveyance in New
Mexico.--
(1) Requirements for water diverted in new mexico for use
by the navajo nation in arizona.--
(A) In general.--Notwithstanding any other
provision of this Act, water shall not be stored in,
diverted in, or conveyed from New Mexico for Use by the
Navajo Nation in the State except in compliance with
this subsection or subparagraph 7(g) of the Partial
Final Decree (as defined in section 10302 of the
Northwestern New Mexico Rural Water Projects Act (43
U.S.C. 407 note; Public Law 111-11)).
(B) Water provided under public law 111-11.--6,411
AFY of Navajo Nation Upper Basin Colorado River Water
may be stored in, diverted in, and conveyed from New
Mexico for Use in the State--
(i) consistent with the terms and
requirements of the Northwestern New Mexico
Rural Water Projects Act (Public Law 111-11;
123 Stat. 1367) and the Partial Final Decree
(as defined in section 10302 of that Act (43
U.S.C. 407 note; Public Law 111-11)); and
(ii) in accordance with an appropriate
permit issued under New Mexico law with a place
of use consistent with subparagraph (D).
(C) Additional water under this act.--In addition
to the 6,411 AFY pursuant to subparagraph (B), 12,000
AFY of Navajo Nation Upper Basin Colorado River Water
may be stored in, diverted in, and conveyed from the
San Juan River in New Mexico for Use in the State,
subject to the following conditions:
(i) An agreement is executed between the
Navajo Nation and the State of New Mexico,
acting through its Interstate Stream
Commission, enabling the storage in, diversion
in, and conveyance from New Mexico of not to
exceed 12,000 AFY of Navajo Nation Upper Basin
Colorado River Water for Use by the Navajo
Nation in the State when the Upper Basin
Colorado River Water is available for diversion
in compliance with the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.) and without
resulting in forbearance of Use in New Mexico
or a shortage to any water uses as provided in
the Navajo Reservoir Operations guidelines
pursuant to the 2006 environmental impact
statement prepared by the Bureau, or any
updated guidelines or requirements for Navajo
Reservoir Operations as may become effective in
the future.
(ii) If the Navajo Nation and the State of
New Mexico, acting through its Interstate
Stream Commission, are able to agree on terms,
an agreement is executed covering periods of
time when the Navajo Nation is not able to
divert all or a portion of the 12,000 AFY of
Navajo Nation Upper Basin Colorado River Water
under clause (i), subject to the requirements
that--
(I) the agreement provides for
limited forbearance of Navajo Nation
water in New Mexico or other mutually
acceptable mechanisms for making all or
a portion of the 12,000 AFY of Navajo
Nation Upper Basin Colorado River Water
available to the Navajo Nation in the
State; and
(II) the United States and the
Governors' representatives of the
Colorado River Basin States have agreed
on an appropriate measure or accounting
method for such forbearance or
mechanisms to ensure that the ability
of New Mexico to utilize its
apportionment under the Upper Colorado
River Basin Compact of 1948 is
preserved.
(D) Permits as a condition for delivery.--No water
under subparagraph (B) or (C) may be delivered unless
the New Mexico State Engineer has issued an appropriate
permit for any diversion from the San Juan River system
or underground basin in New Mexico and storage and
release of water from the Navajo Reservoir or the Frank
Chee Willetto, Sr. Reservoir to supply Use on Navajo
Land within the State and for municipal Use adjoining
the Navajo Reservation from water distribution
facilities that are physically connected or planned for
connection, as of the date of enactment of this Act, to
water distribution facilities on the Navajo Reservation
in the State.
(E) Water delivery contracts.--No water under
subparagraph (B) or (C) may be delivered until the
Navajo Nation and the Secretary have entered into the
appropriate water delivery contract described in
subsection (e) for the amount of water to be delivered,
which shall be consistent with the agreements described
in subparagraph (C) and permits described in
subparagraph (D).
(F) Prohibition on leasing and exchanges.--No water
diverted in or conveyed from New Mexico under this
subsection shall be leased or exchanged in the State.
(2) Accounting of water diverted in new mexico for use in
arizona.--
(A) In general.--Depletion of water that results
from the diversion of water from the San Juan River
system or underground basin in New Mexico for Use
within the State (including depletion incidental to the
storage in, diversion in, or conveyance from New Mexico
for Use in the State) shall be--
(i) accounted as consumptive Use of Navajo
Nation Upper Basin Colorado River Water; and
(ii) charged against Arizona Upper Basin
Colorado River Water.
(B) Exception under later agreement.--If an
agreement is reached pursuant to paragraph (1)(C)(ii)
providing for forbearance or other mechanism to make
water available, the measure or accounting mechanism
provided for in accordance with subclause (II) of that
paragraph shall apply.
(3) Requirements and accounting for water subject to the
navajo-utah water rights settlement diverted in new mexico for
use in utah.--
(A) In general.--Any storage in, diversion in, and
conveyance of water from New Mexico for use in Utah
authorized under the Northwestern New Mexico Rural
Water Projects Act (Public Law 111-11; 123 Stat. 1367)
shall be--
(i) subject to the same requirements for
accounting as provided in paragraph (2), but
applicable to Utah; and
(ii) charged against the Upper Basin
apportionment of the State of Utah under the
Colorado River Compact and the Upper Colorado
River Basin Compact of 1948.
(B) Other requirements.--In addition to the
requirements under subparagraph (A), the storage,
diversion, and conveyance of up to 2,000 AFY shall
require--
(i) an appropriate permit from the New
Mexico State Engineer;
(ii) coordination with the Utah State
Engineer as required by the Utah-Navajo Water
Rights Settlement and the Northwestern New
Mexico Rural Water Projects Act (Public Law
111-11; 123 Stat. 1367);
(iii) an agreement between the Navajo
Nation and the State of New Mexico, acting
through its Interstate Stream Commission; and
(iv) an agreement between the State of New
Mexico, acting through its Interstate Stream
Commission, and the State of Utah, to ensure
that the apportionments of the States of New
Mexico and Utah and rights under the Upper
Colorado River Basin Compact of 1948 are
preserved.
(4) Navajo nation upper basin colorado river water diverted
in new mexico.--The Navajo Nation may not use, lease, contract,
exchange, forbear, or otherwise transfer any water from the San
Juan River system within the State of New Mexico for Use
directly or indirectly outside of New Mexico except--
(A) by agreement of the State of New Mexico, acting
through its Interstate Stream Commission, based, in
whole or in part, on its determination that the rights
and entitlements of the State of New Mexico under the
Colorado River Compact and the Upper Colorado River
Basin Compact of 1948 are not adversely affected and
water uses within New Mexico are adequately protected;
(B) by issuance of appropriate permits by the New
Mexico State Engineer; and
(C) to allow the Navajo Nation to forbear pursuant
to section 10603(d) of the Northwestern New Mexico
Rural Water Projects Act (Public Law 111-11; 123 Stat.
1386)--
(i) to enable delivery to the State of the
6,411 AFY described in paragraph (1)(B); and
(ii) to enable delivery to Utah of up to
2,000 AFY described in paragraph (3).
(5) Protection of uses in new mexico.--As determined by the
State of New Mexico, acting through its Interstate Stream
Commission and its State Engineer, pursuant to this subsection,
storage, diversion, or conveyance of water in New Mexico for
Use in the State or Utah shall not adversely affect--
(A) Water Rights or Uses in New Mexico; or
(B) delivery of water under contracts entered into
under--
(i) the Act of June 13, 1962 (Public Law
87-483; 76 Stat. 96); and
(ii) New Mexico State Engineer File Nos.
2847, 2848, 2849, 2883, and 2917.
(h) Conditions for Diversion of Navajo Nation Upper Basin Colorado
River Water in Utah.--
(1) Requirements for water diverted in utah for use in
arizona.--
(A) In general.--Notwithstanding any other
provision of this Act, water shall not be stored in,
diverted in, and conveyed from Utah for Use by the
Navajo Nation in the State except in compliance with
this subsection.
(B) Water provided under contract with the united
states.--If the Navajo Nation requests to divert a
portion of its Navajo Nation Upper Basin Colorado River
Water in Utah for Use in the State pursuant to a water
delivery contract with the United States, the Secretary
shall confer with Utah prior to executing that water
delivery contract to ensure compliance with the rights
and entitlements of Utah under the Upper Colorado River
Basin Compact of 1948 and Utah State law.
(C) Water diverted on the navajo reservation.--
Water may be diverted on the Navajo Reservation in Utah
for delivery to the Navajo Reservation in the State
once the Navajo Nation has obtained approval by the
Utah State Engineer through a diversion permit that
requires compliance with applicable Utah State law,
including the requirement to appropriately measure
diversions of water from the San Juan River system or
underground basins in Utah to ensure that diversion of
Navajo Nation Upper Basin Colorado River Water in Utah
for use in the State shall not adversely affect Water
Rights, Uses, or delivery of water in Utah.
(D) Water diverted in utah off the navajo
reservation.--Navajo Nation Upper Basin Colorado River
Water may be diverted from a source off the Navajo
Reservation only in accordance with Utah State law.
(E) Prohibition on leasing and exchanges.--No water
diverted in or conveyed from Utah from the San Juan
River under this paragraph shall be leased or exchanged
in Arizona.
(2) Accounting of uses in arizona.--Depletion of water that
results from the diversion of Navajo Nation Upper Basin
Colorado River Water in Utah for Uses in the State (including
depletion incidental to storage, diversion, or conveyance of
water) shall be--
(A) accounted as consumptive Use of Navajo Nation
Upper Basin Colorado River Water; and
(B) charged against Arizona Upper Basin Colorado
River Water.
(i) Water Uses in Utah by the Navajo Nation and the San Juan
Southern Paiute Tribe.--
(1) Water apportioned to utah.--The Navajo Nation or the
San Juan Southern Paiute Tribe may not use, lease, contract,
exchange, forbear, or otherwise transfer any water apportioned
to the State of Utah by the Colorado River Compact or the Upper
Colorado River Basin Compact of 1948 for Use directly or
indirectly outside of the State of Utah, except as provided for
in the Navajo-Utah Water Rights Settlement and subject to
subsection (g)(3).
(2) Continued applicability of the navajo-utah water rights
settlement.--Except as provided in subsection (g)(3), nothing
in this Act modifies or is exempt from the terms of the Navajo-
Utah Water Rights Settlement.
(3) Applicability of the treaty.--Pursuant to section XV of
the Treaty, Water Rights for the San Juan Southern Paiute Tribe
in the San Juan Southern Paiute Northern Area shall be quit
claimed to the San Juan Southern Paiute Tribe by the Navajo
Nation on publication in the Federal Register under section
19(g)(1)(A).
(j) 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.
(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 Navajo Nation Upper
Basin Colorado River Water or Hopi Tribe 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 Navajo
Nation 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.
(k) Acquisitions of Energy.--Power needed to deliver water to the
Navajo Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe
for projects constructed by the Tribes pursuant to the Settlement
Agreement and this Act shall be acquired by the Tribes.
(l) 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, points of
diversion, and places of Use of Navajo Nation
Upper Basin Colorado River Water;
(ii) the annual diversion amount, points 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 any 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, points of
diversion, and places of Use of Hopi Tribe
Upper Basin Colorado River Water;
(ii) the annual diversion amount, points 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 any 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''.
(m) Upper Basin Protections; Consultations.--In any formal
consultation carried out pursuant to section 7(a) of the Endangered
Species Act of 1973 (16 U.S.C. 1536(a)) on or after the date of
enactment of this Act with respect to water development in the San Juan
River Basin, the provisions of section 5 of the document entitled
``Principles for Conducting Endangered Species Act Formal Section 7
Consultations on Water Development and Water Management Projects
Affecting Endangered Fish Species in the San Juan River Basin'',
including revisions to that document approved by the Coordination
Committee, San Juan River Basin Recovery Implementation Program, and
dated August 2022 shall apply.
SEC. 7. COLORADO RIVER WATER LEASES AND EXCHANGES; USES.
(a) In General.--Subject to approval by the Secretary--
(1) except as prohibited in subsections (g)(1)(F) and
(h)(1)(E) of section 6, 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.--
(i) In general.--Subject to approval by the
Secretary for an Off-Reservation lease, the
Navajo Nation may lease--
(I) Navajo Nation Cibola Water and
Navajo Nation Fourth Priority Water for
Use or storage off of the Navajo
Reservation anywhere within the Lower
Basin within the State; and
(II) except as provided in
subsections (g)(1)(F) and (h)(1)(E) of
section 6 and the NAIWRSA System
Conservation Program agreements
described in subsection
(c)(4)(C)(i)(II) of that section,
Navajo Nation Upper Basin Colorado
River Water anywhere in the State in
accordance with the Settlement
Agreement and all applicable Federal
and State laws governing the transfer
of Navajo Nation Upper Basin Colorado
River Water within the State.
(ii) Limitation.--No action by the Navajo
Nation under clause (i)(II) relating to NAIWRSA
System Conservation Programs or leasing shall
modify the obligations of the Navajo Nation to
deliver up to 350 AFY to the San Juan Southern
Paiute Tribe pursuant to paragraph 6.3.1 of the
Settlement Agreement.
(B) Hopi tribe leasing.--Subject to approval by the
Secretary for an Off-Reservation lease, the Hopi Tribe
may lease--
(i) Hopi Tribe Cibola Water for Use or
storage off of the Hopi Reservation anywhere
within the Lower Basin within the State; and
(ii) except as provided in the NAIWRSA
System Conservation Program agreement described
in section 6(c)(4)(C)(i)(II), Hopi Tribe Upper
Basin Colorado River Water for Use or storage
off of the Hopi Reservation anywhere in the
State in accordance with the Settlement
Agreement and all applicable Federal and State
laws governing the transfer of Hopi Tribe Upper
Basin Colorado River Water within the State.
(C) Term of leases and exchanges.--
(i) Leases.--
(I) 100-year term.--A contract to
lease and an option to lease off of the
Reservation under subparagraph
(A)(i)(I) or (B)(i), as applicable,
shall be for a term not to exceed 100
years.
(II) 40-year term.--A contract to
lease and an option to lease off of the
Reservation under subparagraph
(A)(i)(II) or (B)(ii), as applicable,
shall be for a term not to exceed 40
years.
(ii) Exchanges.--An exchange or option to
exchange shall be for the term provided for in
the exchange or option, as applicable.
(D) Lease period.--
(i) No limitations.--There shall be no
limitations on the Lease Period for--
(I) Navajo Nation Cibola Water,
Navajo Nation Fourth Priority Water,
and Hopi Tribe Cibola Water that is
diverted from the Colorado River
downstream of Lee Ferry; and
(II) Navajo Nation Upper Basin
Colorado River Water and Hopi Tribe
Upper Basin Colorado River Water leased
for Use on the Navajo Reservation and
Hopi Reservation, as applicable.
(ii) Other lease periods.--The Navajo
Nation and the Hopi Tribe are authorized to
lease Navajo Nation Upper Basin Colorado River
Water and Hopi Tribe Upper Basin Colorado River
Water in the Lower Basin in the State in
accordance with the following:
(I) During the first 20 years after
the Enforceability Date, the Navajo
Nation may lease up to 16,214.55 AFY
and the Hopi Tribe may lease up to
835.45 AFY for an annual cumulative
total of 17,050 AFY in the Lower Basin.
(II) Notwithstanding subclause (I),
retaining the annual cumulative total
of 17,050 AFY leased in the Lower
Basin, the ability of the Navajo Nation
to lease Navajo Nation Upper Basin
Colorado River Water shall be increased
by, and the ability of the Hopi Tribe
to lease Hopi Tribe Upper Basin
Colorado River Water shall be reduced
by, an amount equal to the additional
System Eligible Conservation Water that
the Navajo Nation delivers to the
Secretary in accordance with section
6(c)(4)(C)(i)(III)(bb).
(III) Beginning 20 years after the
Enforceability Date, the Navajo Nation
and the Hopi Tribe may lease its
available Navajo Nation Upper Basin
Colorado River Water and Hopi Tribe
Upper Basin Colorado River Water until
such time as the iina ba - pa
tuwaqat'si pipeline has been completed
and all the projects described in the
Navajo Nation Water Projects Trust Fund
and the Hopi Tribe Groundwater Projects
Trust Fund, as the projects are further
described in paragraphs 12.2.1 and
12.3.1 of the Settlement Agreement,
have been completed, as determined by
the Navajo Nation and the Hopi Tribe.
(IV) Once all the projects
described in subclause (III) have been
completed for their respective
projects, as determined by the Navajo
Nation and the Hopi Tribe, the Navajo
Nation and the Hopi Tribe shall
determine whether revenues from leasing
are necessary to meet the OM&R costs
of--
(aa) the projects described
in paragraphs 12.2.1 and 12.3.1
of the Settlement Agreement;
and
(bb) the iina ba - pa
tuwaqat'si pipeline.
(V) If the Navajo Nation and the
Hopi Tribe continue to require revenues
from leasing to meet the OM&R expenses
described in subclause (IV), the Navajo
Nation and the Hopi Tribe may continue
to lease the Navajo Nation Upper Basin
Colorado River Water and Hopi Tribe
Upper Basin Colorado River Water to
meet those OM&R expenses.
(iii) Savings provision.--Nothing in this
subparagraph requires the early termination of
any lease entered into during the Lease Period
and authorized by this Act at the time the
lease was executed.
(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 Basin
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, including payment of
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.
SEC. 8. IINA BA - PAA TUWAQAT'SI PIPELINE.
(a) Iina ba - Paa Tuwaqat'si Pipeline.--
(1) Planning, design, and construction of the iina ba - paa
tuwaqat'si pipeline.--
(A) In general.--The Secretary, acting through the
Commissioner of Reclamation, shall plan, design, and
construct the iina ba - paa tuwaqat'si pipeline in
accordance with subparagraph (C), including all
necessary power transmission facilities, power
substations, power distribution systems, and associated
wheeling services to connect the facilities of the iina
ba - paa tuwaqat'si pipeline to new or existing high-
voltage transmission facilities and deliver power.
(B) Project construction committee.--
(i) In general.--Prior to the start of the
feasibility study required under subparagraph
(C)(ii), the Secretary shall form a Project
Construction Committee (referred to in this
subparagraph as the ``Committee'').
(ii) Members.--The Committee shall consist
of representatives from the Bureau and the
Bureau of Indian Affairs and members selected
by each of the Navajo Nation, the Hopi Tribe,
and the San Juan Southern Paiute Tribe for
purposes of assisting the Secretary with
planning, designing, and constructing the iina
ba - paa tuwaqat'si pipeline, including--
(I) to review cost factors and
budgets for construction and operation
and maintenance activities;
(II) to improve construction
management through enhanced
communication; and
(III) to seek additional ways to
reduce overall iina ba - paa tuwaqat'si
pipeline costs.
(iii) Design and construction
consultation.--The Secretary shall consult with
the Committee during each phase--
(I) of design described in
subparagraph (C); and
(II) of construction of the iina ba
- paa tuwaqat'si pipeline.
(iv) Recommendations.--
(I) In general.--At the sole
discretion of the Secretary, the
Secretary may rely on recommendations
made by the Committee, subject to the
condition that the recommendations are
consistent with the design as described
in clauses (i) and (ii) of subparagraph
(C).
(II) Hopi tribe.--To the extent the
Committee recommendations involve a
portion of the iina ba - paa tuwaqat'si
pipeline to which the Hopi Tribe will
hold title after title transfer as
described in paragraph (3)(B)(ii), the
Secretary shall give greater weight to
the recommendations of the
representatives of the Hopi Tribe on
the Committee.
(III) Navajo nation.--To the extent
the Committee recommendations involve a
portion of the iina ba - paa tuwaqat'si
pipeline to which the Navajo Nation
will hold title after title transfer as
described in paragraph (3)(B)(i), the
Secretary shall give greater weight to
the recommendations of the
representatives of the Navajo Nation on
the Committee.
(C) Design.--
(i) In general.--Unless modified pursuant
to clauses (iii) and (iv), the iina ba - 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.
(ii) Feasibility study.--After the date of
enactment of this Act, the Bureau shall
complete a feasibility study of the iina ba -
paa tuwaqat'si pipeline 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, which shall include
feasibility-level design and cost estimates and
a construction phasing plan.
(iii) Value planning.--
(I) In general.--On completion of
the feasibility study described in
clause (ii), the Secretary shall
consult with the Navajo Nation and the
Hopi Tribe to determine whether to
complete a value planning study of the
iina ba - paa tuwaqat'si pipeline to
identify and analyze potential lower-
cost modifications to substantially
meet the existing Alternative 5, Option
B-100 configuration described in that
clause.
(II) Value planning team.--If a
value planning study is initiated under
subclause (I), a value planning team
shall include the Project Construction
Committee formed pursuant to
subparagraph (B).
(III) Consensus.--
(aa) In general.--To the
extent practicable, the Navajo
Nation, the Hopi Tribe, the San
Juan Southern Paiute Tribe, and
the Secretary shall strive for
consensus on selection of a
preferred alternative for the
Bureau to initiate the final
design process of the iina ba -
paa tuwaqat'si pipeline.
(bb) Decision by
secretary.--If consensus cannot
be reached on a preferred
alternative under item (aa),
the decision for the preferred
alternative shall be made by
the Secretary.
(iv) Value engineering and design
modifications.--
(I) Value engineering.--
(aa) In general.--A value
engineering study based on
achieving the essential
functions at the lowest life
cycle cost consistent with
required performance,
reliability, quality, and
safety shall be completed in
accordance with Bureau Manual
Policy, Performing Designs and
Construction Activities (FAC
P03) for each phase of the iina
ba - paa tuwaqat'si pipeline
project at the 30 percent
design stage.
(bb) Value engineering
team.--A value engineering team
shall include the Project
Construction Committee formed
pursuant to subparagraph (B).
(II) Prior to 60 percent design.--
(aa) In general.--At any
time prior to completion of 60
percent design for each phase
of the iina ba - paa tuwaqat'si
pipeline project, the Navajo
Nation and the Hopi Tribe may
request modifications of the
design described in this
subparagraph, subject to the
condition that the proposed
design modifications are
approved by the Bureau.
(bb) Deviation.--If a
requested modification
described in item (aa) deviates
from the design criteria of the
Bureau, the modification shall
be considered in accordance
with the provisions of Bureau
Manual Policy, Performing
Designs and Construction
Activities (FAC P03).
(III) After completion of 60
percent design.--The design for each
phase of the iina ba - paa tuwaqat'si
pipeline project shall not be modified
further after review of the 60 percent
design plan unless the modification is
made by the Secretary.
(D) Existing components.--The iina ba - paa
tuwaqat'si pipeline may include, at the sole discretion
of the Secretary after consultation with the Navajo
Nation or the Hopi Tribe, 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 iina ba - paa tuwaqat'si pipeline.
(E) Use of pipeline.--The iina ba - 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.--The Secretary
shall not begin construction of the iina ba - paa
tuwaqat'si pipeline until--
(i) the design studies described in
subparagraph (C) and final design for the first
phase of the iina ba - paa tuwaqat'si pipeline
project are complete;
(ii) the Secretary, the Navajo Nation, and
the Hopi Tribe execute a Cost-Sharing and
System Integration Agreement that--
(I) based on the final design in
accordance with subparagraph (C),
describes the design, location,
capacity, and management of operations
of the iina ba - paa tuwaqat'si
pipeline, including distribution of
water to customers;
(II) describes the process for
acquisition of rights-of-way for the
iina ba - paa tuwaqat'si pipeline
described in subsection (b);
(III) allocates the costs of the
iina ba - paa tuwaqat'si pipeline,
taking into consideration--
(aa) cost of planning,
design, and construction;
(bb) cost of the operation,
maintenance, and repair of the
iina ba - paa tuwaqat'si
pipeline before title transfer
to the Navajo Nation or the
Hopi Tribe pursuant to
paragraph (3); and
(cc) how existing
components will be considered
as contributions by the Navajo
Nation or Hopi Tribe as
described in subparagraph (D);
and
(IV) describes construction
phasing, including transfer of
operations and maintenance for such
phasing, as agreed to by the Secretary,
the Navajo Nation, and the Hopi Tribe,
with the Secretary deciding on phasing
if an agreement is not reached; and
(iii) environmental compliance as described
in section 4(c) is complete for the iina ba -
paa tuwaqat'si pipeline.
(2) Phased transfer of operations & maintenance.--
(A) In general.--
(i) In general.--On completion of
construction of a phase of the iina ba - paa
tuwaqat'si pipeline, as described in the Cost-
Sharing and System Integration Agreement
described in paragraph (1)(F)(ii) and on a
finding of substantial completion of the phase,
the Secretary may transfer operations and
maintenance responsibility for the phase to the
appropriate entity.
(ii) Contract.--The Secretary shall enter
into an operations and maintenance contract
consistent with this Act and Bureau policy for
the purposes of compliance with clause (i).
(iii) Title transfer.--Title to a phase of
the iina ba - paa tuwaqat'si pipeline shall not
transfer until substantial completion of the
entire iina ba - paa tuwaqat'si pipeline in
accordance with paragraph (3)(B).
(B) Phased findings of substantial completion.--For
purposes of this paragraph, substantial completion of
each phase of the iina ba - paa tuwaqat'si pipeline
shall be determined in accordance with Bureau Manual
Policy, Performing Designs and Construction Activities
(FAC P03).
(3) Ownership.--
(A) In general.--The iina ba - paa tuwaqat'si
pipeline shall be owned by the United States during
construction of the iina ba - paa tuwaqat'si pipeline.
(B) Transfer of ownership.--On substantial
completion of the iina ba - paa tuwaqat'si pipeline, in
accordance with paragraph (4), the Secretary shall--
(i) transfer title to the applicable
section of the iina ba - 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 iina ba - paa tuwaqat'si
pipeline on the Hopi Reservation, and the
section of the iina ba - 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 iina ba - paa tuwaqat'si
pipeline, to the Hopi Tribe.
(4) Substantial completion.--
(A) In general.--For purposes of paragraph (3)(B),
the Secretary shall determine that the iina ba - paa
tuwaqat'si pipeline is substantially complete if--
(i) the infrastructure constructed is
capable of storing, diverting, treating,
transmitting, and distributing a supply of
water to the Navajo Nation, the Hopi Tribe, and
the San Juan Southern Paiute Southern Area as
described in the iina ba - paa tuwaqat'si
pipeline design described in paragraph (1)(C);
or
(ii) the Secretary--
(I) diligently proceeds to complete
the final design and construct the iina
ba - paa tuwaqat'si pipeline--
(aa) by the deadline
described in subparagraph (B);
or
(bb) if the deadline
described in subparagraph (B)
is extended pursuant to
subparagraph (C), by the
extended deadline;
(II) expends all of the available
funding provided to construct the iina
ba - paa tuwaqat'si pipeline under
section 13(a) and any funding provided
by the Navajo Nation or Hopi Tribe
pursuant to sections 10(j) and 11(j);
and
(III) despite diligent efforts
cannot complete construction of the
iina ba - paa tuwaqat'si pipeline in
accordance with paragraph (1)(C) due
solely to the lack of authorized
funding.
(B) Deadline.--Not later than December 31, 2040,
the construction of the iina ba - paa tuwaqat'si
pipeline in accordance with paragraph (1)(C) shall be
substantially completed, in accordance with
subparagraph (A).
(C) Extension.--The deadline described in
subparagraph (B) may be extended through written
agreement if the Navajo Nation, Hopi Tribe, and the
Secretary agree than an extension is reasonably
necessary.
(5) Liability.--
(A) In general.--Effective on the date of the
transfer of ownership of the iina ba - paa tuwaqat'si
pipeline pursuant to paragraph (3)(B), the United
States shall not be held liable by any court for
damages of any kind arising out of any act, omission,
or occurrence relating to the land, buildings, or
facilities conveyed under this subsection, other than
damages caused by acts of negligence committed by the
United States, or by employees or agents of the United
States, prior to the date of conveyance.
(B) Savings provision.--Nothing in this section
increases the liability of the United States beyond the
liability provided in chapter 171 of title 28, United
States Code (commonly known as the ``Federal Tort
Claims Act'').
(6) Operation.--
(A) Project operations generally.--
(i) Navajo nation operation.--The Navajo
Nation shall operate the section of the iina ba
- paa tuwaqat'si pipeline that delivers water
to the Navajo communities, other than Coal Mine
Mesa, and that may deliver water through the
iina ba - paa tuwaqat'si pipeline to the San
Juan Southern Paiute Tribe.
(ii) Hopi tribe operation.--The Hopi Tribe
shall operate the section of the iina ba - paa
tuwaqat'si pipeline that delivers water to
Moenkopi, the 1882 Reservation, and the Navajo
community of Coal Mine Mesa.
(B) Project operation committee.--Prior to the
start of the first construction phase of the iina ba -
paa tuwaqat'si pipeline, the Secretary shall form a
Project Operation Committee consisting of members
selected by each of the Navajo Nation and the Hopi
Tribe to develop a project operations agreement to be
executed by the Navajo Nation and the Hopi Tribe, after
review by the Secretary, prior to the transfer of
operations and maintenance of any phase of the iina ba
- paa tuwaqat'si pipeline in accordance with paragraph
(2).
(C) Project operations agreement.--The project
operations agreement referred to in subparagraph (B)
shall describe all terms and conditions necessary for
long-term operations of the iina ba - paa tuwaqat'si
pipeline, consistent with subparagraph (A), including--
(i) distribution of water;
(ii) responsibility for maintenance of the
iina ba - paa tuwaqat'si pipeline or section of
the iina ba - paa tuwaqat'si pipeline;
(iii) the allocation and payment of annual
OM&R costs of the iina ba - paa tuwaqat'si
pipeline or section of the iina ba - paa
tuwaqat'si pipeline based on the proportionate
uses and ownership of the iina ba - paa
tuwaqat'si pipeline;
(iv) the process for transfer of operations
and maintenance of a phase of the iina ba - paa
tuwaqat'si pipeline in accordance with
paragraph (2); and
(v) a right to sue in a district court of
the United States to enforce the project
operations agreement.
(b) Tribal Easements and Rights-of-Way.--
(1) Rights-of-way.--
(A) 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.
(B) No cost to the united states.--Rights-of-way
described in subparagraph (A) shall be at no cost to
the United States.
(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 agreements,
without cost to the United States, 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 iina ba - 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).
(c) Applicability of the Indian Self-Determination and Education
Assistance Act.--The Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.) shall not apply to the design,
construction, operation, maintenance, or replacement of the iina ba -
paa tuwaqat'si pipeline.
SEC. 9. IINA BA - PAA TUWAQAT'SI PIPELINE IMPLEMENTATION FUND ACCOUNT.
(a) Establishment.--The Secretary shall establish a non-trust,
interest-bearing account, to be known as the ``iina ba - 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 iina ba - paa
tuwaqat'si pipeline Implementation Fund Account the amounts made
available pursuant to section 13(a)(1).
(c) Uses.--The iina ba - paa tuwaqat'si pipeline Implementation
Fund Account shall be used by the Secretary to carry out section 8,
including the acquisition of power.
(d) Interest.--In addition the amounts deposited in the iina ba -
paa tuwaqat'si pipeline Implementation Fund Account under subsection
(b), any investment earnings, including interest credited to amounts
unexpended in the iina ba - paa tuwaqat'si pipeline Implementation Fund
Account, are authorized to be appropriated to be used in accordance
with the uses described in subsection (c).
SEC. 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.
(6) The Navajo Nation System Conservation 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;
(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; and
(6) in the Navajo Nation System Conservation Trust Fund
Account, the amounts made available pursuant to subparagraph
(A)(vi) 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 iina ba - 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 iina ba - 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 Arizona Lower Basin Colorado River Water Rights.
(6) Navajo nation system conservation trust fund account.--
Amounts in the Navajo Nation System Conservation Trust Fund
Account may only be used to compensate the Navajo Nation for
the storage of System Conservation Eligible Water at Lake
Powell.
(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 (6) 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 Iina ba - Paa Tuwaqat'si Pipeline.--
(1) In general.--On written notification from the Secretary
that the iina ba - paa tuwaqat'si Implementation Fund Account
is insufficient and additional funds are necessary to complete
the iina ba - paa tuwaqat'si pipeline in accordance with
section 8, the Navajo Nation shall submit to the Secretary an
expenditure plan for the transfer of funds from Navajo Nation
Water Settlement Trust Fund to the iina ba - paa tuwaqat'si
pipeline Implementation Fund Account.
(2) Proportionate share.--The cost share of the Navajo
Nation for supplemental funding shall be based on the
allocation of the iina ba - paa tuwaqat'si pipeline costs
agreed on in the Cost-Sharing and System Integration Agreement
for the iina ba - paa tuwaqat'si pipeline described in section
8(a)(1)(F)(ii).
(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, or
to take enforcement actions under paragraph (1)(C) or (2)(E) 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'').
SEC. 11. HOPI TRIBE WATER 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.
(5) The Hopi Tribe System Conservation 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 subparagraph
(B)(i) of section 13(b)(3);
(2) in the Hopi Tribe OM&R Trust Fund Account, the amounts
made available pursuant to subparagraph (B)(ii) of that
section;
(3) in the Hopi Tribe Agricultural Conservation Trust Fund
Account, the amounts made available pursuant to subparagraph
(B)(iii) of that section;
(4) in the Hopi Tribe Lower Basin Colorado River Water
Acquisition Trust Fund Account, the amounts made available
pursuant to subparagraph (B)(iv) of that section; and
(5) in the Hopi Tribe System Conservation Trust Fund
Account, the amounts made available pursuant to subparagraph
(B)(v) 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
Accounts pursuant to subsection (c), the Secretary shall
manage, invest, and distribute all amounts in the Hopi Tribe
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 Hopi Tribe Water Settlement Trust Fund under subsection
(c), any investment earnings, including interest, credited to
amounts held in 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, 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 designed to deliver potable 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 iina ba - 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, and 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 Arizona Lower Basin Colorado River Water Rights.
(5) The hopi tribe system conservation trust fund
account.--Amounts in the Hopi Tribe System Conservation Trust
Fund Account may only be used to compensate the Hopi Tribe or
the Navajo Nation for the storage of System Conservation
Eligible Water at Lake Powell consistent with section
6(c)(4)(C)(i)(III).
(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 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 (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 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 Iina ba - Paa Tuwaqat'si Pipeline.--
(1) In general.--On written notification from the Secretary
that the iina ba - paa tuwaqat'si Implementation Fund Account
is insufficient and additional funds are necessary to complete
the iina ba - paa tuwaqat'si pipeline in accordance with
section 8, the Hopi Tribe shall submit to the Secretary an
expenditure plan for the transfer of funds from the Hopi Tribe
Water Settlement Trust Fund to the iina ba - paa tuwaqat'si
pipeline Implementation Fund Account.
(2) Proportionate share.--The cost share of the Hopi Tribe
for supplemental funding shall be based on the allocation of
the iina ba - paa tuwaqat'si pipeline costs agreed on in the
Cost-Sharing and System Integration Agreement for the iina ba -
paa tuwaqat'si pipeline described in section 8(a)(1)(F)(ii).
(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 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, or
to take enforcement actions under paragraph (1)(C) or (2)(E) 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'').
SEC. 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 subparagraph (C)(i) of section 13(b)(3);
(2) in the San Juan Southern Paiute Tribe Agricultural
Conservation Trust Fund Account, the amounts made available
pursuant to subparagraph (C)(iii) of that section; and
(3) in the San Juan Southern Paiute Tribe OM&R Trust Fund
Account, the amounts made available pursuant to subparagraph
(C)(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 Accounts pursuant to subsection (c), the Secretary
shall manage, invest, and distribute all amounts in the San
Juan Southern Paiute Water Settlement 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 iina ba - 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 Iina ba - 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 iina ba - 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
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, or to take enforcement actions under paragraph (1)(C)
or (2)(E) 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'').
SEC. 13. FUNDING.
(a) Iina ba - 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 iina ba - paa tuwaqat'si pipeline Implementation
Fund Account, to carry out the planning, engineering, design,
environmental compliance, and construction of the iina ba - 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 iina
ba - paa tuwaqat'si pipeline Implementation Fund
Account under paragraph (1) shall not be available for
expenditure until the Enforceability Date.
(B) Exception.--Of the amounts made available under
paragraph (1), $250,000,000 shall be made available
before the Enforceability Date for the Bureau to carry
out environmental compliance and preliminary design of
the iina ba - 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) Settlement funding sources.--If the iina ba - paa
tuwaqat'si pipeline Implementation Fund Account is insufficient
to complete the iina ba - paa tuwaqat'si pipeline in accordance
with section 8, the Navajo Nation and Hopi Tribe shall provide
necessary supplemental funding from the Water Settlement Trust
Fund of the Tribe as described in sections 10(j) and 11(j).
(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 $3,421,400,000, for
deposit 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, 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 the Enforceability Date.
(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 $2,876,416,400 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.
(vi) The Navajo Nation System Conservation
Trust Fund Account, $129,716,400.
(B) The hopi tribe water settlement trust fund.--
The Secretary shall deposit in the Hopi Tribe Water
Settlement Trust Fund $515,183,600, 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.
(v) The Hopi Tribe System Conservation
Trust Fund Account, $6,683,600.
(C) The san juan southern paiute tribe 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 Projects 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) Supplemental Iina ba - Paa Tuwaqat'si Pipeline Implementation
Fund Account Reserve.--
(1) In general.--In order to address the preliminary
estimate level of the value planning study described in section
8(a)(1)(C)(iii), and the risk that the amount in the iina ba -
paa tuwaqat'si pipeline Implementation Fund Account may be
insufficient to complete construction of the iina ba - paa
tuwaqat'si pipeline, until the Secretary completes a
feasibility-level design and estimate for the iina ba - paa
tuwaqat'si pipeline, 50 percent of the Navajo Nation Water
Settlement Trust Fund and 50 percent of the Hopi Tribe Water
Settlement Trust Fund--
(A) shall not be available for withdrawal, except
pursuant to sections 10(j)(1) and 11(j)(1); and
(B) shall remain available to supplement the iina
ba - paa tuwaqat'si pipeline Implementation Fund
Account.
(2) On completion of feasibility study.--On completion of
the feasibility-level estimate, value planning, and final
design approved by the Navajo Nation, Hopi Tribe, and the
Secretary, a percentage of the Navajo Nation Water Settlement
Trust Fund and the Hopi Tribe Water Settlement Trust Fund to be
determined by the Secretary--
(A) shall not be available for withdrawal, except
pursuant to sections 10(j)(1) and 11(j)(1); and
(B) shall remain available to supplement iina ba -
paa tuwaqat'si pipeline Implementation Fund Account
until the Secretary notifies the Tribes in writing that
supplemental funding is no longer needed.
(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, except for the OM&R trust funds which
shall be adjusted based on the Bureau OM&R Cost Index;
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 iina
ba - paa tuwaqat'si pipeline Implementation Fund
Account, the period of adjustment under paragraph (1)
for any increment of funding shall be annually until
the iina ba - 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.
SEC. 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 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 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.
(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
described in 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
described in 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 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
described in 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 as 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
described in 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
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 fees 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
described in 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.
SEC. 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.
SEC. 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(e) 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 the United States, acting through the Secretary, and
not fewer than 30 of the Parties who executed the Settlement
Agreement, making the Settlement Agreement effective,
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.
(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) $5,136,400,000 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.
SEC. 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 Colorado River above Lee Ferry
within the State shall be accounted for as deliveries of
Arizona Lower Basin Colorado River Water and credited as water
passing Lee Ferry for purposes of article III(d) of the
Colorado River Compact.
(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 within the State shall be
accounted for as deliveries of Arizona Lower Basin Colorado
River Water and credited as water passing Lee Ferry for
purposes of article III(d) of the Colorado River Compact.
(3) Navajo nation upper basin colorado river water.--
Subject to subsections (g) and (h) of section 6, 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 for Use on the Navajo Reservation shall be--
(A) used within the boundaries of the Navajo
Reservation or outside of the Navajo Reservation if
conveyed from facilities that are physically connected
to facilities on the Navajo Reservation, as described
in paragraph 4.18.6 of the Settlement Agreement; and
(B) 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 for Use on the Hopi Reservation shall be--
(A) used within the boundaries of the Hopi
Reservation or outside of the Hopi Reservation if
conveyed from facilities that are physically connected
to facilities on the Hopi Reservation, as described in
paragraph 5.15.6 of the Settlement Agreement; and
(B) accounted for as deliveries of Arizona Upper
Basin Colorado River Water.
(5) Arizona upper basin colorado river water.--All
deliveries of Arizona Upper Basin Colorado River Water
apportioned to and 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 Upper Basin Colorado River Water, subject to the
conditions that if the point of diversion is from the Colorado
River below Lee Ferry--
(A) the amount of water to be delivered at Lee
Ferry under such a lease or exchange shall not exceed
the amount of Navajo Nation Upper Basin Colorado River
Water or Hopi Tribe Upper Basin Colorado River Water
leased or exchanged;
(B) the associated amount of Upper Basin Colorado
River Water delivery actually made from the Upper Basin
at Lee Ferry to satisfy the lease or exchange shall not
be credited as water passing Lee Ferry for purposes of
article III(d) of the Colorado River Compact; and
(C) the water shall be accounted for as deliveries
of Arizona Upper Basin Colorado River Water.
(6) Arizona lower basin colorado river water.--All
deliveries of Arizona Lower Basin Colorado River Water
apportioned to and 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 to the Navajo
Nation or the Hopi Tribe, subject to the condition that if the
point of diversion is from the Colorado River above Lee Ferry
within the State the amount of water diverted by a lessee or
exchange partner shall be credited as water passing Lee Ferry
for purposes of article III(d) of the Colorado River Compact.
(b) Special Accounting Rules for Lower Basin Colorado River Water
as Lower Basin Use in Arizona, Regardless of Point of Diversion.--
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 or exchange partners
pursuant to the Settlement Agreement shall be--
(1) credited as water reaching Lee Ferry pursuant to
article III(d) of the Colorado River Compact;
(2) charged against the consumptive use apportionment made
to the Lower Basin by article III(a) of the Colorado River
Compact; and
(3) accounted for as part of and charged against the
2,800,000 acre-feet of Colorado River Water apportioned to the
State in paragraph II(B)(1) of the Decree.
(c) Additional Conditions for Use of Colorado River Water.--
(1) In general.--No Navajo Nation Upper Basin Colorado
River Water or Hopi Tribe Upper Basin Colorado River Water may
be delivered in the Lower Basin in the State and no Navajo
Nation Fourth Priority Water, Navajo Nation Cibola Water, or
Hopi Tribe Cibola Water may be diverted in the Upper Basin
until such time as the Secretary has developed and, as
necessary and appropriate, modified, in consultation with the
State and the Upper Colorado River Commission and the
Governors' representatives of the Colorado River Basin States,
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, provide for, account for, and offset the diversion
of Arizona Colorado River Water, subject to the conditions
that--
(A) all such actions shall be consistent with the
provisions of section 10603(c) of the Northwestern New
Mexico Rural Water Projects Act (Public Law 111-11; 123
Stat. 1384) and this Act; and
(B) the development of or modifications to
criteria, policies, contracts, guidelines, or other
documents made pursuant to this subsection shall be
applicable only for the duration of any such diversion
or delivery pursuant to the Northwestern New Mexico
Rural Water Projects Act (Public Law 111-11; 123 Stat.
1367) or this Act.
(2) Required provisions.--The following are required
provisions to be included in any criteria, policy, contract,
guideline, or other document described in paragraph (1):
(A) Arizona upper basin colorado river water.--
Arizona Upper Basin Colorado River Water released at
Glen Canyon Dam for water delivery from the Colorado
River mainstream below Glen Canyon Dam--
(i) shall only be used within the State;
(ii) shall be subject to all actual
conveyance, evaporation, and other losses
between Glen Canyon Dam and the point of
diversion;
(iii) shall be fully delivered prior to the
end of the year in which it is ordered;
(iv) shall not be greater than the Arizona
Upper Basin Colorado River Water minus all
other consumptive uses of Arizona Upper Basin
Colorado River Water using the average annual
consumptive uses based on the previous 5 years;
(v) for the first 20 years after the
Enforceability Date, shall not exceed 17,050
AFY;
(vi) after the first 20 years after the
Enforceability Date, shall not exceed 47,000
AFY, minus any Navajo Nation Upper Basin
Colorado River Water diverted from the San Juan
River upstream from Lake Powell and all other
consumptive uses of Navajo Nation Upper Basin
Colorado River Water and Hopi Tribe Upper Basin
Colorado River Water using the average annual
consumptive uses based on the previous 5 years;
(vii) shall be released from Lake Powell in
addition to the releases of water that would
have otherwise occurred under any operating
criteria or guidelines governing releases from
Lake Powell; and
(viii) for purposes of meeting the
requirements of article III(d) of the Colorado
River Compact, shall not be counted as water
flowing by Lee Ferry.
(B) Arizona lower basin colorado river water.--
Arizona Lower Basin Colorado River Water diverted in
the Upper Basin in the State--
(i) shall only be used within the State;
(ii) shall be fully delivered prior to the
end of the year for which it is ordered;
(iii) shall not be stored in Lake Powell or
otherwise carried over from one water year to
any subsequent water year;
(iv) shall be subject to reduction in any
year in which a shortage is declared to the
same extent as other Arizona Lower Basin
Colorado River Water of the same priority; and
(v) shall reduce the amount of Arizona
Lower Basin Colorado River Water that would
otherwise be released from Lake Powell under
any operating criteria or guidelines.
SEC. 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.
SEC. 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 Southern Paiute Northern Area and the San Juan
Southern Paiute Southern 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.
(3) Disclaimer of reserved water rights.--Nothing in this
Act constitutes an express or implied reservation of water or
water rights for the San Juan Southern Paiute Northern Area in
the State of Utah.
(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 Southern 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.
SEC. 20. AUTHORIZATION FOR USE OF NAVAJO-GALLUP WATER SUPPLY PROJECT
FACILITIES.
(a) Navajo Nation Upper Basin Colorado River Water for Use in the
State.--
(1) In general.--In addition to the 6,411 AFY of Project
water described in section 6(g)(1)(B), the Secretary is
authorized to treat, store, and convey up to 12,000 AFY of
Navajo Nation Upper Basin Colorado River Water as non-Project
water, subject to section 10602(h)(1) of the Northwestern New
Mexico Rural Water Projects Act (Public Law 111-11; 123 Stat.
1382) and section 6(g) for Use in the areas of the State
described in section 6(g)(1)(D), utilizing Navajo-Gallup Water
Supply Project facilities described in section 10602(b) of the
Northwestern New Mexico Rural Water Projects Act (Public Law
111-11; 123 Stat. 1379) (referred to in this section as the
``Project facilities'').
(2) Limitation.--Nothing in this section authorizes the
Secretary to extend the Navajo-Gallup Water Supply Project
within the State, except as authorized by the Northwestern New
Mexico Rural Water Projects Act (Public Law 111-11; 123 Stat.
1367), subject to the condition that non-Project facilities may
be constructed, in whole or in part, by the Navajo Nation using
amounts in the Navajo Nation Water Projects Trust Fund Account.
(b) Increase in Capacity Authorized.--
(1) In general.--The authorized capacity of the Navajo
Gallup Water Supply Project described in section 10603(b) of
the Northwestern New Mexico Rural Water Projects Act (Public
Law 111-11; 123 Stat. 1383) may be increased by up to 12,000
AFY to allow for Use of Navajo Nation Upper Basin Colorado
River Water in accordance with subsection (a)(1).
(2) Cost of increased capacity.--Any costs associated with
constructing and operating the increased capacity authorized by
paragraph (1) shall be solely borne by the Navajo Nation.
(c) Conveyance of Navajo Nation Upper Basin Colorado River Water to
the State.--Treatment, storage, and conveyance of the water described
in subsection (a)(1) shall be subject to the following requirements and
limitations:
(1) Impacts to navajo-gallup water supply project.--
(A) Deadline.--Any extension to the deadline for
completion of the Navajo-Gallup Water Supply Project,
as described in section 10701(e)(1)(A)(ix) of the
Northwestern New Mexico Rural Water Projects Act
(Public Law 111-11; 123 Stat. 1400), required due to
efforts associated with delivering Navajo Nation Upper
Basin Colorado River Water to the State in accordance
with subsection (a)(1) shall require agreement of the
Nation, State of New Mexico, and the Secretary as
described in section 10701(e)(1)(B) of that Act (Public
Law 111-11; 123 Stat. 1400).
(B) Protections for project participants.--The Use
of Project facilities for non-Project water as provided
under this section shall comply with the requirements
of section 10602(h)(1) of the Northwestern New Mexico
Rural Water Projects Act (Public Law 111-11; 123 Stat.
1382) and this section.
(2) Approval of final design to increase capacity.--As long
as the Bureau retains title to the Project facilities that will
supply water to areas in the State under this Act, the Navajo
Nation shall--
(A) obtain approval in writing from the
Commissioner of Reclamation for the final design of the
connection and related facilities needed to connect the
extension from the San Juan Lateral, including
sublaterals and turnouts; and
(B) coordinate construction of the connection and
related facilities with the Commissioner of
Reclamation.
(3) Funding.--The funding described in the Northwestern New
Mexico Rural Water Projects Act (Public Law 111-11; 123 Stat.
1367) for the Navajo-Gallup Water Supply Project shall not be
used to design, plan, construct, operate, maintain, or repair
any Project infrastructure in the State of New Mexico or the
State to treat, store, and convey the 12,000 AFY of Navajo
Nation Upper Basin Colorado River Water to the State in
accordance with subsection (a)(1).
SEC. 21. 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 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);
(9) case law relating to Water Rights in the Colorado River
System other than any case to enforce the Settlement Agreement
or this Act; or
(10) the Navajo-Hopi Land Dispute Settlement Act of 1996
(Public Law 104-301; 110 Stat. 3649).
(e) No Precedent.--
(1) Colorado river system water.--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,
including the leasing of Upper Basin water in the Lower Basin.
(2) Federal reserved water rights or indian water claims.--
Nothing in the Settlement Agreement or this Act (including
paragraph 13 of the Settlement Agreement and section 14)
establishes any standard or precedent for the quantification,
litigation, or settlement of Federal reserved water rights or
any Indian water claims of any Indian Tribes other than the
Tribes in any judicial or administrative proceeding.
(f) Unique Situation.--
(1) In general.--Diversions through the iina ba - 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--
(A) the intent to benefit a number of Indian
Tribes;
(B) the Navajo Nation's location in the Upper Basin
and the Lower Basin;
(C) the intent to address critical Indian and non-
Indian water needs in the State;
(D) 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;
(E) the unique geological and hydrological features
of the relevant watersheds, including aquifers; and
(F) the limited volume of water to be diverted by
the iina ba - paa tuwaqat'si pipeline and Navajo-Gallup
Water Supply Project to supply municipal Uses in the
State.
(2) Arizona upper basin colorado river water.--The Use of
Arizona Upper Basin Colorado River Water in the Lower Basin in
the State is consistent with this Act and is authorized under
unique circumstances, which include, among other things--
(A) that the Uses are included in a congressionally
approved Indian water rights settlement;
(B) that the Navajo Nation is located in both the
Upper Basin and the Lower Basin;
(C) the unavailability and unreliability of Central
Arizona Project Non-Indian Agricultural water available
for the Tribes to lease due to shortages in the Lower
Basin of the Colorado River; and
(D) the intent of Congress to supplement the
Federal funds available to the Tribes with the revenue
generated by leasing as authorized under section 7.
(g) Efficient Use.--The diversions and Uses authorized for the iina
ba - 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) Preservation of Existing Rights.--
(1) In general.--Rights to the consumptive use of water
apportioned to the Upper Division States and the State from the
Colorado River System under the Colorado River Compact and the
Upper Colorado River Basin Compact of 1948, and rights to the
consumptive use of water available for use in the Lower Basin
under the Colorado River Compact and the Decree, shall not be
changed or prejudiced by any use of water pursuant to this Act.
(2) Savings provision.--Nothing in this Act--
(A) adversely affects full development and
utilization by the State or any State of the Upper
Division of the Colorado River Basin of its respective
apportionment under the Colorado River Compact or the
Upper Colorado River Basin Compact of 1948;
(B) impairs, conflicts with, or otherwise changes
the duties and powers of the Upper Colorado River
Commission; or
(C) waives, impairs, or otherwise modifies the
rights of California and Nevada under the Colorado
River Compact, the Boulder Canyon Project Act, or the
Decree.
(i) Consensus.--Congress notes the consensus of the Governors'
Representatives of the Colorado River Basin States relating to the
diversions, accounting, and leasing authorized under this Act.
(j) No Effect on Enforcement of Environmental Laws.--Nothing in
this Act precludes the United States acting as sovereign, the Navajo
Nation, the Hopi Tribe, or the San Juan Southern Paiute Tribe from
enforcing the requirements of--
(1) Federal environmental laws, including--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) (including claims for damages to natural
resources);
(B) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(C) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(D) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) (commonly known as the ``Resource Conservation
and Recovery Act of 1976''); and
(E) the implementing regulations of those Acts; or
(2) the environmental laws of the Tribes, and the
regulations implementing those laws, on the Navajo Reservation,
the Hopi Reservation, the San Juan Southern Paiute Reservation,
Navajo Allotments, Hopi Allotments, and Off-Reservation lands
held in trust by the United States for the Navajo Nation, the
Hopi Tribe, and the San Juan Southern Paiute Tribe.
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