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. iiná bá – paa tuwaqat’si pipeline.

Sec. 9. iiná bá – paa tuwaqat’si pipeline Implementation Fund Account.

Sec. 10. Navajo Nation Water Settlement Trust Fund.

Sec. 11. Hopi Tribe 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.

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.

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)

iiná bá – paa tuwaqat’si pipeline

The term iiná bá – paa tuwaqat’si pipeline means the water project described in—(A)section 8; and(B)subparagraph 12.1 of the Settlement Agreement.(43)

iiná bá – paa tuwaqat’si pipeline implementation fund account

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

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 iiná bá – paa tuwaqat’si pipeline, the applicable Tribe shall prepare any necessary environmental documents consistent with all applicable provisions of—(A)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);(B)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and(C)all other Federal environmental laws and regulations.(d)

Authorizations

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

Effect of execution

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

Costs

(1)

In general

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

iiná bá – paa tuwaqat’si pipeline

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

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.

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.

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 iiná bá – 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 iiná bá – 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.

iiná bá – paa tuwaqat’si pipeline

(a)

iiná bá – paa tuwaqat’si pipeline

(1)

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

(A)

In general

The Secretary, acting through the Commissioner of Reclamation, shall plan, design, and construct the iiná bá – paa tuwaqat’si pipeline 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 iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – paa tuwaqat’si pipeline shall be substantially configured as Alternative 5, Option B-100 described in the report of the Bureau entitled Navajo-Hopi Value Planning Study—Arizona and dated October 2020.(ii)

Feasibility study

After the date of enactment of this Act, the Bureau shall complete a feasibility study of the iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – paa tuwaqat’si pipeline.(E)

Use of pipeline

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

Commencement of construction

The Secretary shall not begin construction of the iiná bá – paa tuwaqat’si pipeline until—(i)the design studies described in subparagraph (C) and final design for the first phase of the iiná bá – 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 iiná bá – paa tuwaqat’si pipeline, including distribution of water to customers;(II)describes the process for acquisition of rights-of-way for the iiná bá – paa tuwaqat’si pipeline described in subsection (b); (III)allocates the costs of the iiná bá – paa tuwaqat’si pipeline, taking into consideration—(aa)cost of planning, design, and construction;(bb)cost of the operation, maintenance, and repair of the iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – paa tuwaqat’si pipeline shall not transfer until substantial completion of the entire iiná bá – 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 iiná bá – 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 iiná bá – paa tuwaqat’si pipeline shall be owned by the United States during construction of the iiná bá – paa tuwaqat’si pipeline.(B)

Transfer of ownership

On substantial completion of the iiná bá – paa tuwaqat’si pipeline, in accordance with paragraph (4), the Secretary shall—(i)transfer title to the applicable section of the iiná bá – paa tuwaqat’si pipeline on the Navajo Reservation, except that section that lies on the Navajo Reservation between Moenkopi and the boundary of the 1882 Reservation, to the Navajo Nation; and(ii)transfer title to the applicable section of the iiná bá – paa tuwaqat’si pipeline on the Hopi Reservation, and the section of the iiná bá – paa tuwaqat’si pipeline that lies on the Navajo Reservation between Moenkopi and the boundary of the 1882 Reservation and the right-of-way for that section of the iiná bá – paa tuwaqat’si pipeline, to the Hopi Tribe.(4)

Substantial completion

(A)

In general

For purposes of paragraph (3)(B), the Secretary shall determine that the iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – paa tuwaqat’si pipeline that delivers water to the Navajo communities, other than Coal Mine Mesa, and that may deliver water through the iiná bá – paa tuwaqat’si pipeline to the San Juan Southern Paiute Tribe.(ii)

Hopi tribe operation

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

Project operation committee

Prior to the start of the first construction phase of the iiná bá – 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 iiná bá – 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 iiná bá – paa tuwaqat’si pipeline, consistent with subparagraph (A), including—(i)distribution of water;(ii)responsibility for maintenance of the iiná bá – paa tuwaqat’si pipeline or section of the iiná bá – paa tuwaqat’si pipeline;(iii)the allocation and payment of annual OM&R costs of the iiná bá – paa tuwaqat’si pipeline or section of the iiná bá – paa tuwaqat’si pipeline based on the proportionate uses and ownership of the iiná bá – paa tuwaqat’si pipeline;(iv)the process for transfer of operations and maintenance of a phase of the iiná bá – 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 iiná bá – paa tuwaqat’si pipeline.(3)

Authorization and granting of rights-of-way

The Secretary shall grant the rights-of-way consented to by the Tribes under paragraph (1).(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 iiná bá – paa tuwaqat’si pipeline.

iiná bá – paa tuwaqat’si pipeline Implementation Fund Account

(a)

Establishment

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

Deposits

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

Uses

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

Interest

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

10.

Navajo Nation Water Settlement Trust Fund

(a)

Establishment

The Secretary shall establish a trust fund for the Navajo Nation, to be known as the Navajo Nation Water Settlement Trust Fund, to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Navajo Nation Water Settlement Trust Fund under subsection (c), together with any investment earnings, including interest, earned on those amounts, for the purpose of carrying out this Act.(b)

Accounts

The Secretary shall establish in the Navajo Nation Water Settlement Trust Fund the following accounts:(1)The Navajo Nation Water Projects Trust Fund Account.(2)The Navajo Nation OM&R Trust Fund Account.(3)The Navajo Nation Agricultural Conservation Trust Fund Account.(4)The Navajo Nation Renewable Energy Trust Fund Account.(5)The Navajo Nation Lower Basin Colorado River Water Acquisition Trust Fund Account.(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 iiná bá – paa tuwaqat’si pipeline project.(3)

Navajo nation agricultural conservation trust fund account

(A)

In general

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

Limitation

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

Navajo nation renewable energy trust fund account

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

Navajo nation lower basin colorado river water acquisition trust fund account

Amounts in the Navajo Nation Lower Basin Colorado River Water Acquisition Trust Fund Account may only be used to purchase land within the State and associated 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 iiná bá – paa tuwaqat’si pipeline

(1)

In general

On written notification from the Secretary that the iiná bá – paa tuwaqat’si Implementation Fund Account is insufficient and additional funds are necessary to complete the iiná bá – 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 iiná bá – 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 iiná bá – paa tuwaqat’si pipeline costs agreed on in the Cost-Sharing and System Integration Agreement for the iiná bá – 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).

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

Enforcement

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 iiná bá – paa tuwaqat’si pipeline project.(3)

The hopi tribe agricultural conservation trust fund account

Amounts in the Hopi Tribe Agricultural Conservation Trust Fund Account may only be used to pay the costs of improvements to reduce water shortages on the historically irrigated land and grazing land of the Hopi Tribe, including sprinklers, drip or other efficient irrigation systems, land leveling, wells, impoundments, pipelines, pumps and storage, stream bank stabilization and restoration, pasture seeding and management, fencing, and wind breaks, 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 iiná bá – paa tuwaqat’si pipeline

(1)

In general

On written notification from the Secretary that the iiná bá – paa tuwaqat’si Implementation Fund Account is insufficient and additional funds are necessary to complete the iiná bá – 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 iiná bá – 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 iiná bá – paa tuwaqat’si pipeline costs agreed on in the Cost-Sharing and System Integration Agreement for the iiná bá – 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).

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

Enforcement

Uses

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

The san juan southern paiute tribe groundwater projects trust fund account

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

The san juan southern paiute tribe agricultural conservation trust fund account

(A)

In general

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

Limitation

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

The san juan southern paiute tribe om&r trust fund account

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

Liability

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

Title to infrastructure

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

Account transfers

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

Contributions to the iiná bá – paa tuwaqat’si pipeline

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

Annual report

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

No per capita payments

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

Effect

Nothing in this section entitles the San Juan Southern Paiute Tribe to judicial review of a determination of the Secretary 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).

13.

Funding

(a)

iiná bá – paa tuwaqat’si pipeline implementation fund account

(1)

Mandatory appropriation

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

Availability

(A)

In general

Except as provided in subparagraph (B), amounts appropriated to and deposited in the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account under paragraph (1) shall not be available for expenditure until 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 iiná bá – paa tuwaqat’si pipeline, subject to the following:(i)The revision of the Settlement Agreement and exhibits to conform to this Act.(ii)Execution by all of the required settlement parties, including the United States, to the conformed Settlement Agreement and exhibits, including the waivers and releases of claims under section 14.(3)

Settlement funding sources

If the iiná bá – paa tuwaqat’si pipeline Implementation Fund Account is insufficient to complete the iiná bá – 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 iiná bá – 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 iiná bá – paa tuwaqat’si pipeline Implementation Fund Account may be insufficient to complete construction of the iiná bá – paa tuwaqat’si pipeline, until the Secretary completes a feasibility-level design and estimate for the iiná bá – 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 iiná bá – 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 iiná bá – 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 iiná bá – paa tuwaqat’si pipeline Implementation Fund Account, the period of adjustment under paragraph (1) for any increment of funding shall be annually until the iiná bá – paa tuwaqat’si pipeline project is completed.(B)

Trust funds

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

14.

Waivers, releases, and retention of claims

(a)

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

(1)

In general

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

Form; effective date

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

Retention of claims

Notwithstanding the waiver and release of claims described in paragraph (1) and Exhibit 13.1 to the Settlement Agreement, the Navajo Nation, acting on behalf of the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), and the United States, acting as trustee for the Navajo Nation and the Members of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees), shall retain any right—(A)to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the Settlement Agreement, whether those rights are generally stated or specifically described, or this Act, in any Federal or State court of competent jurisdiction;(B)to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the LCR Decree and the Gila River Adjudication Decree;(C)to assert claims for Water Rights, for land owned or acquired by the Navajo Nation in fee, or held in trust by the United States for the 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)

(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 fees 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 fees, 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)

(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 fees 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)

(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 fees 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)

(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.

15.

Satisfaction of Water Rights and other benefits

(a)

Navajo nation and the members of the navajo nation; navajo allottees and the united states, acting as trustee for the navajo allottees

(1)

Navajo nation and the members of the navajo nation

(A)

In general

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

Satisfaction of water rights

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

Navajo allottees and the united states, acting as trustee for the navajo allottees

(A)

In general

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

Satisfaction of water rights

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

No right established

Notwithstanding paragraphs (1) and (2), nothing in the Settlement Agreement or this Act recognizes or establishes any right of a Member of the Navajo Nation (but not Members in the capacity of the Members as Navajo Allottees) to water on Navajo Land.(b)

Hopi tribe and the members of the hopi tribe; hopi allottees and the united states, acting as trustee for the hopi allottees

(1)

Hopi tribe and the members of the hopi tribe

(A)

In general

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

Satisfaction of water rights

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

Hopi allottees and the united states, acting as trustee for the hopi allottees

(A)

In general

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

Satisfaction of water rights

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

No right established

Notwithstanding paragraphs (1) and (2), nothing in the Settlement Agreement or this Act recognizes or establishes any right of a Member of the Hopi Tribe (but not Members in the capacity of the Members as Hopi Allottees) to water on Hopi Land.(c)

San juan southern paiute tribe and the members of the san juan southern paiute tribe

(1)

In general

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

Satisfaction of water rights

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

No right established

Notwithstanding paragraphs (1) and (2), nothing in the Settlement Agreement or this Act recognizes or establishes any right of a Member of the San Juan Southern Paiute Tribe to water on the San Juan Southern Paiute Southern Area.

16.

Enforceability Date

(a)

In general

The Settlement Agreement, including the waivers and releases of claims described in paragraph 13 of the Settlement Agreement and section 14, shall take effect and be fully enforceable on the date on which the Secretary publishes in the Federal Register a statement of findings in accordance with the following:(1)The Settlement Agreement has been revised, through an amendment and restatement—(A)to eliminate any conflict between the Settlement Agreement and this Act; and(B)to include the executed Water Delivery Contracts required by section 6(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.

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.

18.

Limited waiver of sovereign immunity

(a)

Limited waiver by the navajo nation and the united states acting as trustee for the navajo nation and navajo allottees

(1)

In general

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

Navajo nation consent

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

Circumstances described

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

Limited waiver by the hopi tribe and the united states acting as trustee for the hopi tribe and hopi allotees

(1)

In general

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

Hopi tribe consent

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

Circumstances described

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

Limited waiver by the san juan southern paiute tribe and the united states acting as trustee for the san juan southern paiute tribe

(1)

In general

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

San juan southern paiute tribe consent

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

Circumstances described

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

19.

Ratification of the Treaty and creation of the San Juan Southern Paiute Reservation

(a)

Ratification and approval of the treaty

The Treaty and the Treaty Addendum are hereby approved, ratified, and confirmed.(b)

Approval of the secretary

(1)

In general

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

Approval and execution of amendments

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

Lands proclaimed a reservation for the san juan southern paiute tribe

(1)

In general

All right, title, and interest, including Water Rights, to the approximately 5,400 acres of land within the Navajo Indian Reservation that are described in the Treaty as the San Juan 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.

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).

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 on 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 iiná bá – paa tuwaqat’si pipeline and the Navajo-Gallup Water Supply Project facilities consistent with this Act address critical Tribal and non-Indian water supply needs under unique circumstances, which include, among other things—(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 iiná bá – 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 iiná bá – paa tuwaqat’si pipeline under this Act represent unique and efficient Uses of Colorado River apportionments in a manner that Congress has determined would be consistent with the obligations of the United States to the Navajo Nation and the Hopi Tribe.(h)

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.