[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4924 Reported in House (RH)]

                                                 Union Calendar No. 478
113th CONGRESS
  2d Session
                                H. R. 4924

                          [Report No. 113-638]

  To direct the Secretary of the Interior to enter into the Big Sandy 
 River-Planet Ranch Water Rights Settlement Agreement and the Hualapai 
Tribe Bill Williams River Water Rights Settlement Agreement, to provide 
 for the lease of certain land located within Planet Ranch on the Bill 
 Williams River in the State of Arizona to benefit the Lower Colorado 
   River Multi-Species Conservation Program, and to provide for the 
 settlement of specific water rights claims in the Bill Williams River 
                   watershed in the State of Arizona.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 20, 2014

    Mr. Gosar (for himself, Mr. Barber, Mr. Franks of Arizona, Mr. 
Grijalva, Mrs. Kirkpatrick, Mr. Salmon, Mr. Schweikert, Ms. Sinema, and 
    Mr. Pastor of Arizona) introduced the following bill; which was 
             referred to the Committee on Natural Resources

                            December 1, 2014

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               20, 2014]


_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of the Interior to enter into the Big Sandy 
 River-Planet Ranch Water Rights Settlement Agreement and the Hualapai 
Tribe Bill Williams River Water Rights Settlement Agreement, to provide 
 for the lease of certain land located within Planet Ranch on the Bill 
 Williams River in the State of Arizona to benefit the Lower Colorado 
   River Multi-Species Conservation Program, and to provide for the 
 settlement of specific water rights claims in the Bill Williams River 
                   watershed in the State of Arizona.


 


    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bill Williams River Water Rights 
Settlement Act of 2014''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of 
        certain claims among certain parties to water rights in the 
        Bill Williams River watershed in the State of Arizona for--
                    (A) the Hualapai Tribe (acting on behalf of the 
                Tribe and members of the Tribe); and
                    (B) the Department of the Interior, acting on 
                behalf of the Department and, as specified, the United 
                States as trustee for the Hualapai Tribe, the members 
                of the Tribe, and the allottees;
            (2) to approve, ratify, and confirm--
                    (A) the Big Sandy River-Planet Ranch Water Rights 
                Settlement Agreement entered into among the Hualapai 
                Tribe, the United States as trustee for the Tribe, the 
                members of the Tribe and allottees, the Secretary of 
                the Interior, the Arizona department of water 
                resources, Freeport Minerals Corporation, and the 
                Arizona Game and Fish Commission, to the extent the Big 
                Sandy River-Planet Ranch Agreement is consistent with 
                this Act; and
                    (B) the Hualapai Tribe Bill Williams River Water 
                Rights Settlement Agreement entered into among the 
                Tribe, the United States as trustee for the Tribe, 
                members of the Tribe, the allottees, and the Freeport 
                Minerals Corporation, to the extent the Hualapai Tribe 
                Agreement is consistent with this Act;
            (3) to authorize and direct the Secretary--
                    (A) to execute the duties and obligations of the 
                Secretary under the Big Sandy River-Planet Ranch 
                Agreement, the Hualapai Tribe Agreement, and this Act;
                    (B)(i) to remove objections to the applications for 
                the severance and transfer of certain water rights, in 
                partial consideration of the agreement of the parties 
                to impose certain limits on the extent of the use and 
                transferability of the severed and transferred water 
                right and other water rights; and
                    (ii) to provide confirmation of those water rights; 
                and
                    (C) to carry out any other activity necessary to 
                implement the Big Sandy River-Planet Ranch Agreement 
                and the Hualapai Tribe Agreement in accordance with 
                this Act;
            (4) to advance the purposes of the Lower Colorado River 
        Multi-Species Conservation Program;
            (5) to secure a long-term lease for a portion of Planet 
        Ranch, along with appurtenant water rights primarily along the 
        Bill Williams River corridor, for use in the Conservation 
        Program;
            (6) to bring the leased portion of Planet Ranch into public 
        ownership for the long-term benefit of the Conservation 
        Program; and
            (7) to secure from the Freeport Minerals Corporation non-
        Federal contributions--
                    (A) to support a tribal water supply study 
                necessary for the advancement of a settlement of the 
                claims of the Tribe for rights to Colorado River water; 
                and
                    (B) to enable the Tribe to secure Colorado River 
                water rights and appurtenant land, increase security of 
                the water rights of the Tribe, and facilitate a 
                settlement of the claims of the Tribe for rights to 
                Colorado River water.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) ADWR.--The term ``ADWR'' means the Arizona department 
        of water resources, established pursuant to title 45 of the 
        Arizona Revised Statutes (or a successor agency or entity).
            (2) Allotment.--The term ``allotment'' means the 4 off-
        reservation parcels held in trust by the United States for 
        individual Indians in the Big Sandy River basin in Mohave 
        County, Arizona, under the patents numbered 1039995, 1039996, 
        1039997, and 1019494.
            (3) Allottee.--The term ``allottee'' means any Indian owner 
        of an allotment under a patent numbered 1039995, 1039996, 
        1039997, or 1019494.
            (4) Arizona game and fish commission.--The term ``Arizona 
        Game and Fish Commission'' means the entity established 
        pursuant to title 17 of the Arizona Revised Statutes to control 
        the Arizona game and fish department (or a successor agency or 
        entity).
            (5) Bagdad mine complex and bagdad townsite.--The term 
        ``Bagdad Mine Complex and Bagdad Townsite'' means the 
        geographical area depicted on the map attached as exhibit 2.9 
        to the Big Sandy River-Planet Ranch Agreement.
            (6) Big sandy river-planet ranch agreement.--The term ``Big 
        Sandy River-Planet Ranch Agreement'' means the Big Sandy River-
        Planet Ranch Water Rights Settlement Agreement dated July 2, 
        2014, and any amendment or exhibit (including exhibit 
        amendments) to that Agreement that is--
                    (A) made in accordance with this Act; or
                    (B) otherwise approved by the Secretary and the 
                parties to the Big Sandy River-Planet Ranch Agreement.
            (7) Bill williams river watershed.--The term ``Bill 
        Williams River watershed'' means the watershed drained by the 
        Bill Williams River and the tributaries of that river, 
        including the Big Sandy and Santa Maria Rivers.
            (8) Conservation program.--The term ``Conservation 
        Program'' has the meaning given the term ``Lower Colorado River 
        Multi-Species Conservation Program'' in section 9401 of the 
        Omnibus Public Land Management Act of 2009 (Public Law 111-11; 
        123 Stat. 1327).
            (9) Corporation.--
                    (A) In general.--The term ``Corporation'' means the 
                Freeport Minerals Corporation, incorporated in the 
                State of Delaware.
                    (B) Inclusions.--The term ``Corporation'' includes 
                all subsidiaries, affiliates, successors, and assigns 
                of the Freeport Minerals Corporation (such as Byner 
                Cattle Company, incorporated in the State of Nevada).
            (10) Department.--The term ``Department'' means the 
        Department of the Interior and all constituent bureaus of that 
        Department.
            (11) Enforceability date.--The term ``enforceability date'' 
        means the date described in section 9.
            (12) Freeport groundwater wells.--
                    (A) In general.--The term ``Freeport Groundwater 
                Wells'' means the 5 wells identified by ADWR well 
                registration numbers--
                            (i) 55-592824;
                            (ii) 55-595808;
                            (iii) 55-595810;
                            (iv) 55-200964; and
                            (v) 55-908273.
                    (B) Inclusions.--The term ``Freeport Groundwater 
                Wells'' includes any replacement of a well referred to 
                in subparagraph (A) drilled by or for the Corporation 
                to supply water to the Bagdad Mine Complex and Bagdad 
                Townsite.
                    (C) Exclusions.--The term ``Freeport Groundwater 
                Wells'' does not include any other well owned by the 
                Corporation at any other location.
            (13) Hualapai tribe agreement.--The term ``Hualapai Tribe 
        Agreement'' means the Hualapai Tribe Bill Williams River Water 
        Rights Settlement Agreement dated July 2, 2014, including any 
        amendment or exhibit (including exhibit amendments) to that 
        Agreement that is--
                    (A) made in accordance with this Act; or
                    (B) otherwise approved by the Secretary and the 
                parties to the Agreement.
            (14) Hualapai tribe water rights settlement agreement.--The 
        term ``Hualapai Tribe Water Rights Settlement Agreement'' means 
        the comprehensive settlement agreement in the process of 
        negotiation as of the date of enactment of this Act to resolve 
        the claims of the Tribe for rights to Colorado River water and 
        Verde River water with finality.
            (15) Injury.--
                    (A) In general.--The term ``injury'', with respect 
                to a water right, means any interference with, 
                diminution of, or deprivation of the water right under 
                Federal, State, or other law.
                    (B) Exclusion.--The term ``injury'' does not 
                include any injury to water quality.
            (16) Lincoln ranch.--The term ``Lincoln Ranch'' means the 
        property owned by the Corporation described in the special 
        warranty deed recorded on December 4, 1995, at Book 1995 and 
        Page 05874 in the official records of La Paz County, Arizona.
            (17) Parcel 1.--The term ``Parcel 1'' means the parcel of 
        land that--
                    (A) is depicted as 3 contiguous allotments 
                identified as 1A, 1B, and 1C on the map attached to the 
                Big Sandy River-Planet Ranch Agreement as exhibit 2.10; 
                and
                    (B) is held in trust for certain allottees.
            (18) Parcel 2.--The term ``Parcel 2'' means the parcel of 
        land that--
                    (A) is depicted on the map attached to the Big 
                Sandy River-Planet Ranch Agreement as exhibit 2.10; and
                    (B) is held in trust for certain allottees.
            (19) Parcel 3.--The term ``Parcel 3'' means the parcel of 
        land that--
                    (A) is depicted on the map attached to the Big 
                Sandy River-Planet Ranch Agreement as exhibit 2.10;
                    (B) is held in trust for the Tribe; and
                    (C) is part of the Hualapai Reservation pursuant to 
                Executive Order 1368 of June 2, 1911.
            (20) Party.--The term ``party'' means an individual or 
        entity that is a signatory to--
                    (A) the Big Sandy River-Planet Ranch Agreement; or
                    (B) the Hualapai Tribe Agreement.
            (21) Planet ranch.--The term ``Planet Ranch'' means the 
        property owned by the Corporation described--
                    (A) in the special warranty deed recorded on 
                December 14, 2011, at Book 2011 and Page 05267 in the 
                official records of La Paz County, Arizona; and
                    (B) as Instrument No. 2011-062804 in the official 
                records of Mohave County, Arizona.
            (22) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (23) Sever and transfer applications.--The term ``sever and 
        transfer applications'' means the applications filed or amended 
        by the Corporation and pending on the date of enactment of this 
        Act to sever and transfer certain water rights--
                    (A) from Lincoln Ranch and from Planet Ranch to the 
                Wikieup Wellfield for use at the Bagdad Mine Complex 
                and Bagdad Townsite; and
                    (B) from portions of Planet Ranch (as determined on 
                the date on which the applications were filed or 
                amended) to new locations within Planet Ranch.
            (24) Tribe.--The term ``Tribe'' means the Hualapai Tribe, 
        organized under section 16 of the Act of June 18, 1934 (25 
        U.S.C. 476) (commonly known as the ``Indian Reorganization 
        Act''), and recognized by the Secretary.
            (25) Water right.--The term ``water right'' means--
                    (A) any right in or to groundwater, surface water, 
                or effluent under Federal, State, or other law; and
                    (B) for purposes of subsections (d) and (e) of 
                section 5, any right to Colorado River water.
            (26) Wikieup wellfield.--The term ``Wikieup Wellfield'' 
        means the geographical area depicted on the map attached as 
        exhibit 2.10 to the Big Sandy River-Planet Ranch Agreement.

SEC. 4. BIG SANDY RIVER-PLANET RANCH AGREEMENT.

    (a) In General.--Except to the extent that any provision of, or 
amendment to, the Big Sandy River-Planet Ranch Agreement conflicts with 
this Act--
            (1) the Big Sandy River-Planet Ranch Agreement is 
        authorized, ratified, and confirmed; and
            (2) any amendment to the Big Sandy River-Planet Ranch 
        Agreement executed to make the Big Sandy River-Planet Ranch 
        Agreement consistent with this Act is authorized, ratified, and 
        confirmed.
    (b) Execution.--To the extent that the Big Sandy River-Planet Ranch 
Agreement does not conflict with this Act, and in support of the 
purposes of this Act, the Secretary shall execute--
            (1) the Big Sandy River-Planet Ranch Agreement (including 
        all exhibits to the Big Sandy River-Planet Ranch Agreement 
        requiring the signature of the Secretary);
            (2) any amendment to the Big Sandy River-Planet Ranch 
        Agreement (including any amendment to an exhibit of the Big 
        Sandy River-Planet Ranch Agreement requiring the signature of 
        the Secretary) that is necessary to make the Big Sandy River-
        Planet Ranch Agreement consistent with this Act; and
            (3) a conditional withdrawal of each objection filed by the 
        Bureau of Indian Affairs, the Bureau of Land Management, and 
        the United States Fish and Wildlife Service to the sever and 
        transfer applications in the form set forth in exhibit 
        4.2.1(ii)(b) to the Big Sandy River-Planet Ranch Agreement.
    (c) Modifications and Corrections.--The Secretary may execute any 
other amendment to the Big Sandy River Planet-Ranch Agreement 
(including any amendment to an exhibit to the Big Sandy River-Planet 
Ranch Agreement requiring the signature of the Secretary) that is not 
inconsistent with this Act, if the amendment--
            (1) is approved by the Secretary and the parties to the Big 
        Sandy River-Planet Ranch Agreement; and
            (2) does not require approval by Congress.
    (d) Prohibition.--The Secretary shall not file an objection to any 
amendment to the sever and transfer applications or any new sever or 
transfer application filed by the Corporation to accomplish the sever 
and transfer of 10,055 acre-feet per year of water rights from Planet 
Ranch and Lincoln Ranch to the Wikieup Wellfield, subject to the 
condition that the form of such an amendment or new application shall 
be substantially similar to a form attached to the Big Sandy River-
Planet Ranch Agreement as exhibit 4.2.1(ii)(a)(1) or 4.2.1(ii)(a)(2).

SEC. 5. HUALAPAI TRIBE AGREEMENT.

    (a) In General.--Except to the extent that any provision of, or 
amendment to, the Hualapai Tribe Agreement conflicts with this Act--
            (1) the Hualapai Tribe Agreement is authorized, ratified, 
        and confirmed; and
            (2) any amendment to the Hualapai Tribe Agreement executed 
        to make the Hualapai Tribe Agreement consistent with this Act 
        is authorized, ratified, and confirmed.
    (b) Execution.--To the extent that the Hualapai Tribe Agreement 
does not conflict with this Act, and in support of the purposes of this 
Act, the Secretary shall execute--
            (1) the Hualapai Tribe Agreement (including all exhibits to 
        the Hualapai Tribe Agreement requiring the signature of the 
        Secretary); and
            (2) any amendment to the Hualapai Tribe Agreement 
        (including any amendment to an exhibit of the Hualapai Tribe 
        Agreement requiring the signature of the Secretary) that is 
        necessary to make the Hualapai Tribe Agreement consistent with 
        this Act.
    (c) Modifications and Corrections.--The Secretary may execute any 
other amendment to the Hualapai Tribe Agreement (including any 
amendment to an exhibit to the Hualapai Tribe Agreement requiring the 
signature of the Secretary) that is not inconsistent with this Act, if 
the amendment--
            (1) is approved by the Secretary and the parties to the 
        Hualapai Tribe Agreement; and
            (2) does not require approval by Congress.
    (d) Contribution of Corporation to Economic Development Fund.--
            (1) In general.--The contribution of the Corporation to the 
        economic development fund of the Tribe, as provided in section 
        8.1 of the Hualapai Tribe Agreement--
                    (A) may be used by the Tribe for the limited 
                purpose of facilitating settlement of the claims of the 
                Tribe for rights to Colorado River water by enabling 
                the Tribe--
                            (i) to acquire Colorado River water rights 
                        with the intent to increase the security of the 
                        water rights of the Tribe; and
                            (ii) to otherwise facilitate the use of 
                        water on the Hualapai Reservation;
                    (B) shall be considered to be a non-Federal 
                contribution that counts toward any non-Federal 
                contribution associated with a settlement of the claims 
                of the Tribe for rights to Colorado River water; and
                    (C) shall not be--
                            (i) considered to be trust funds; or
                            (ii) subject to responsibility or 
                        management by the United States as trustee for 
                        the Tribe, members of the Tribe, and the 
                        allottees.
            (2) Limitation on transfer of water rights.--The Colorado 
        River water rights acquired by the Tribe may be used off the 
        Hualapai Reservation only for irrigation of acquired 
        appurtenant land, or for storage in accordance with Federal and 
        State law in a permitted recharge facility in the State of 
        Arizona, subject to the conditions that--
                    (A) the Tribe shall not seek to transfer or sell 
                accumulated long-term storage credits generated from 
                the storage of the acquired Colorado River water 
                rights; and
                    (B) the Tribe shall not seek approval to change the 
                place of use of the acquired Colorado River water 
                rights, except for the purposes of storing the water in 
                accordance with this paragraph.
            (3) Expiration.--The limitation provided under paragraph 
        (2) expires on the earlier of--
                    (A) the date on which the Hualapai Tribe Water 
                Rights Settlement Agreement becomes enforceable; and
                    (B) December 31, 2039.
            (4) Colorado river water rights counted against claims of 
        tribe.--
                    (A) In general.--If the Hualapai Tribe Water Rights 
                Settlement Agreement does not become enforceable by 
                December 31, 2039, any Colorado River water rights 
                acquired by the Tribe with the contribution of the 
                Corporation to the economic development fund of the 
                Tribe shall be counted, on an acre-foot per acre-foot 
                basis, toward the claims of the Tribe for rights to 
                Colorado River water in any subsequent settlement or 
                adjudication of those claims.
                    (B) Effect of paragraph.--Nothing in this paragraph 
                restricts any claim for rights of the Tribe to Colorado 
                River water in any subsequent settlement or 
                adjudication.
    (e) Future Limitations on Land Taken Into Trust.--As provided in 
section 10.11 of the Hualapai Tribe Agreement, the parties to the 
Hualapai Tribe Agreement shall negotiate in good faith with other 
parties the terms under which any land within the State of Arizona held 
or acquired in fee by the Tribe may be taken into trust by the United 
States for the benefit of the Tribe, with any applicable terms to be 
incorporated into the Hualapai Tribe Water Rights Settlement Agreement, 
subject to approval by Congress.

SEC. 6. WAIVERS, RELEASES, AND RETENTION OF CLAIMS.

    (a) Claims by Department Under Big Sandy River-Planet Ranch 
Agreement.--
            (1) In general.--Except as provided in paragraph (3), the 
        Secretary is authorized to execute a waiver and release of all 
        claims of the Department, acting in its own capacity, against 
        the Corporation under Federal, State, or any other law for--
                    (A) all past and present claims for injury to water 
                rights resulting from the diversion of water by the 
                Corporation from the Wikieup Wellfield or the Freeport 
                Groundwater Wells arising prior to the enforceability 
                date;
                    (B) all claims for injury to water rights arising 
                after the enforceability date resulting from the 
                diversion of water by the Corporation from the Wikieup 
                Wellfield or the Freeport Groundwater Wells in a manner 
                not in violation of the Big Sandy River-Planet Ranch 
                Agreement; and
                    (C) all past, present, and future claims arising 
                out of, or relating in any manner to, the negotiation 
                or execution of the Big Sandy River-Planet Ranch 
                Agreement.
            (2) Effective date.--The waivers and releases of claims 
        under paragraph (1) shall--
                    (A) be in the form set forth in exhibit 7.2(ii) to 
                the Big Sandy River-Planet Ranch Agreement; and
                    (B) take effect on the enforceability date.
            (3) Retention of rights.--The Department shall retain all 
        rights not expressly waived under paragraph (1), including the 
        right--
                    (A) to assert any claim for breach of, or to seek 
                enforcement of, the Big Sandy River-Planet Ranch 
                Agreement or this Act in any court of competent 
                jurisdiction (but not a tribal court); and
                    (B) to assert any past, present, or future claim to 
                a water right that is not inconsistent with the Big 
                Sandy River-Planet Ranch Agreement or this Act.
    (b) Claims by Tribe and United States as Trustee Under Big Sandy 
River-Planet Ranch Agreement.--
            (1) In general.--Except as provided in paragraph (3), the 
        Tribe and the United States, acting as trustee for the Tribe 
        and members of the Tribe, are authorized to execute a waiver 
        and release of all claims against the Corporation for--
                    (A) any water rights of the Tribe or the United 
                States as trustee for the Tribe and members of the 
                Tribe with respect to Parcel 3 in excess of 300 acre-
                feet per year;
                    (B) all past and present claims for injury to water 
                rights arising before the enforceability date resulting 
                from the diversion of water by the Corporation from the 
                Wikieup Wellfield or the Freeport Groundwater Wells; 
                and
                    (C) all claims for injury to water rights arising 
                after the enforceability date resulting from the 
                diversion of water by the Corporation from the Wikieup 
                Wellfield or the Freeport Groundwater Wells in a manner 
                not in violation of the Big Sandy River-Planet Ranch 
                Agreement or the Hualapai Tribe Agreement.
            (2) Effective date.--The waivers and releases of claims 
        under paragraph (1) shall--
                    (A) be in the form set forth in exhibit 7.1(ii) to 
                the Hualapai Tribe Agreement; and
                    (B) take effect on the enforceability date.
            (3) Retention of rights.--The Tribe and the United States, 
        acting as trustee for the Tribe and members of the Tribe, shall 
        retain all rights not expressly waived under paragraph (1), 
        including the right--
                    (A) to assert any claim for breach of, or to seek 
                enforcement of, the Big Sandy River-Planet Ranch 
                Agreement or this Act in any court of competent 
                jurisdiction (but not a tribal court); and
                    (B) to assert any past, present, or future claim to 
                a water right that is not inconsistent with the Big 
                Sandy River-Planet Ranch Agreement or this Act.
    (c) Claims by United States as Trustee for Allottees Under Big 
Sandy River-Planet Ranch Agreement.--
            (1) In general.--Except as provided in paragraph (3), the 
        United States, acting as trustee for the allottees, is 
        authorized to execute a waiver and release of all claims 
        against the Corporation for--
                    (A) any water rights of the allottees or the United 
                States as trustee for the allottees with respect to--
                            (i) Parcel 1 in excess of 82 acre-feet per 
                        year; or
                            (ii) Parcel 2 in excess of 312 acre-feet 
                        per year;
                    (B) all past and present claims for injury to water 
                rights arising before the enforceability date resulting 
                from the diversion of water by the Corporation from the 
                Wikieup Wellfield or the Freeport Groundwater Wells; 
                and
                    (C) all claims for injury to water rights arising 
                after the enforceability date resulting from the 
                diversion of water by the Corporation from the Wikieup 
                Wellfield or the Freeport Groundwater Wells in a manner 
                not in violation of the Big Sandy River-Planet Ranch 
                Agreement.
            (2) Effective date.--The waivers and releases of claims 
        under paragraph (1) shall--
                    (A) be in the form set forth in exhibit 7.1(ii) to 
                the Hualapai Tribe Agreement; and
                    (B) take effect on the enforceability date.
            (3) Retention of rights.--The United States, acting as 
        trustee for the allottees, shall retain all rights not 
        expressly waived under paragraph (1), including the right--
                    (A) to assert any claim for breach of, or to seek 
                enforcement of, the Big Sandy River-Planet Ranch 
                Agreement or this Act in any court of competent 
                jurisdiction (but not a tribal court); and
                    (B) to assert any past, present, or future claim to 
                a water right that is not inconsistent with the Big 
                Sandy River-Planet Ranch Agreement or this Act.
    (d) Claims by Tribe and United States as Trustee Under Hualapai 
Tribe Agreement.--
            (1) In general.--Except as provided in paragraph (3), the 
        Tribe and the United States, acting as trustee for the Tribe, 
        members of the Tribe, and the allottees, as part of the 
        performance of obligations under the Hualapai Tribe Agreement, 
        are authorized to execute a waiver and release of all claims 
        that the Tribe or the United States as trustee for the Tribe, 
        members of the Tribe, or the allottees may have against the 
        Corporation under Federal, State, or any other law, for--
                    (A) all past and present claims for injury to water 
                rights resulting from the diversion of water by the 
                Corporation from the Bill Williams River watershed 
                arising prior to the enforceability date;
                    (B) all claims for injury to water rights arising 
                after the enforceability date resulting from the 
                diversion of water by the Corporation from the Bill 
                Williams River watershed in a manner not in violation 
                of the Hualapai Tribe Agreement or the Big Sandy River-
                Planet Ranch Agreement; and
                    (C) all past, present, and future claims arising 
                out of, or relating in any manner to, the negotiation 
                or execution of the Hualapai Tribe Agreement.
            (2) Effective date.--The waivers and releases of claims 
        under paragraph (1) shall--
                    (A) be in the form set forth in exhibit 7.1(ii) to 
                the Hualapai Tribe Agreement; and
                    (B) take effect on the enforceability date.
            (3) Retention of rights.--The Tribe and the United States, 
        acting as trustee for the Tribe, the members of the Tribe, and 
        the allottees, shall retain all rights not expressly waived 
        under paragraph (1), including the right to assert--
                    (A) subject to paragraph 10.5 of the Hualapai Tribe 
                Agreement, a claim for breach of, or to seek 
                enforcement of, the Hualapai Tribe Agreement or this 
                Act in any court of competent jurisdiction (but not a 
                tribal court);
                    (B) any claim for injury to, or to seek enforcement 
                of, the rights of the Tribe under any applicable 
                judgment or decree approving or incorporating the 
                Hualapai Tribe Agreement; and
                    (C) any past, present, or future claim to water 
                rights that is not inconsistent with the Hualapai Tribe 
                Agreement or this Act.
    (e) Claims by Tribe Against United States Under Big Sandy River-
Planet Ranch Agreement and Hualapai Tribe Agreement.--
            (1) In general.--In consideration for the benefits to the 
        Tribe, as set forth in the Big Sandy River-Planet Ranch 
        Agreement, the Hualapai Tribe Agreement, and this Act, except 
        as provided in paragraph (3), the Tribe, on behalf of the Tribe 
        and the members of the Tribe, is authorized to execute a waiver 
        and release of all claims against the United States and the 
        agents and employees of the United States for--
                    (A) all past, present, and future claims relating 
                to claims for water rights for Parcel 3 in excess of 
                300 acre-feet per year that the United States, acting 
                as trustee for the Tribe, asserted or could have 
                asserted against any party to the Big Sandy River-
                Planet Ranch Agreement or the Hualapai Tribe Agreement, 
                including the Corporation, including claims relating 
                to--
                            (i) loss of water, water rights, land, or 
                        natural resources due to loss of water or water 
                        rights on Parcel 3 (including damages, losses, 
                        or injuries to hunting, fishing, and gathering 
                        rights due to loss of water, water rights, or 
                        subordination of water rights); or
                            (ii) failure to protect, acquire, replace, 
                        or develop water, water rights, or water 
                        infrastructure on Parcel 3;
                    (B) all past, present, and future claims relating 
                to injury to water rights associated with Parcel 3 
                arising from withdrawal of a protest to the sever and 
                transfer applications referenced in the Big Sandy 
                River-Planet Ranch Agreement;
                    (C) all claims relating to injury to water rights 
                arising after the enforceability date associated with 
                Parcel 3, resulting from the diversion of water by the 
                Corporation from the Bill Williams River watershed in a 
                manner not in violation of the Hualapai Tribe 
                Agreement; and
                    (D) all past, present, and future claims relating 
                to any potential injury arising out of, or relating in 
                any manner to, the negotiation or execution of the Big 
                Sandy River-Planet Ranch Agreement or the Hualapai 
                Tribe Agreement.
            (2) Effective date.--The waivers and releases of claims 
        under paragraph (1) shall--
                    (A) be in the form set forth in, as applicable--
                            (i) exhibit 7.6(ii) to the Big Sandy River-
                        Planet Ranch Agreement; or
                            (ii) exhibit 7.3(ii) to the Hualapai Tribe 
                        Agreement; and
                    (B) take effect on the enforceability date.
            (3) Retention of rights.--The Tribe shall retain all rights 
        not expressly waived under paragraph (1), including the right--
                    (A) to assert any claim for breach of, or to seek 
                enforcement of, the Big Sandy River-Planet Ranch 
                Agreement, the Hualapai Tribe Agreement, or this Act in 
                any court of competent jurisdiction (but not a tribal 
                court); and
                    (B) to assert any past, present, or future claim to 
                a water right that is not inconsistent with the Big 
                Sandy River-Planet Ranch Agreement, the Hualapai Tribe 
                Agreement, or this Act.

SEC. 7. ADMINISTRATION.

    (a) Amendments.--
            (1) Definitions.--Section 9401 of the Omnibus Public Land 
        Management Act of 2009 (Public Law 111-11; 123 Stat. 1327) is 
        amended--
                    (A) by redesignating paragraphs (1) through (5) as 
                paragraphs (2) through (6), respectively; and
                    (B) by inserting before paragraph (2) (as so 
                redesignated) the following:
            ``(1) Big sandy river-planet ranch agreement.--The term 
        `Big Sandy River-Planet Ranch Agreement' has the meaning given 
        the term in section 3 of the Bill Williams River Water Rights 
        Settlement Act of 2014.''.
            (2) Enforceability.--Section 9403 of the Omnibus Public 
        Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1328) 
        is amended--
                    (A) by striking the section designation and heading 
                and all that follows through ``Due to'' in subsection 
                (a) and inserting the following:

``SEC. 9403. ENFORCEABILITY.

    ``(a) Civil Actions.--
            ``(1) Colorado river civil actions.--
                    ``(A) Description of civil action.--Due to''; and
                    (B) in subsection (a) (as amended by subparagraph 
                (A))--
                            (i) in paragraph (1) (as so amended), by 
                        adding at the end the following:
                    ``(B) Venue.--Any civil action under this paragraph 
                may be brought in any United States district court in 
                the State in which any non-Federal party to the civil 
                action is situated.''; and
                            (ii) by adding at the end the following:
            ``(2) Bill williams civil actions.--
                    ``(A) Description of civil action.--Due to the 
                unique role of the Lower Colorado River Multi-Species 
                Conservation Program in resolving competing water 
                rights claims in the Bill Williams River watershed (as 
                defined in section 3 of the Bill Williams River Water 
                Rights Settlement Act of 2014) and other claims among 
                the parties to the Big Sandy-River Planet Ranch 
                Agreement, any party to the Big Sandy River-Planet 
                Ranch Agreement may commence a civil action in a court 
                described in subparagraph (B) relating only and 
                directly to the interpretation or enforcement of--
                            ``(i) the Bill Williams River Water Rights 
                        Settlement Act of 2014; or
                            ``(ii) the Big Sandy River-Planet Ranch 
                        Agreement.
                    ``(B) Venue.--A civil action under this paragraph 
                may be brought in--
                            ``(i) the United States District Court for 
                        the District of Arizona; or
                            ``(ii) a State court of competent 
                        jurisdiction where a pending action has been 
                        brought to adjudicate the water rights 
                        associated with the Bill Williams River system 
                        and source, in accordance with the authority 
                        provided by section 208 of the Act of July 10, 
                        1952 (commonly known as the `McCarran 
                        Amendment') (43 U.S.C. 666).'';
            (3) in subsection (b)--
                    (A) by striking ``The district'' and inserting the 
                following:
            ``(1) In general.--The district'';
                    (B) in paragraph (1) (as so designated), by 
                striking ``such actions'' and inserting ``civil actions 
                described in subsection (a)(1)''; and
                    (C) by adding at the end the following:
            ``(2) State courts and district courts.--A State court or 
        United States district court--
                    ``(A) shall have jurisdiction over civil actions 
                described in subsection (a)(2); and
                    ``(B) may issue such orders, judgments, and decrees 
                as are consistent with the exercise of jurisdiction by 
                the court pursuant to--
                            ``(i) this section; or
                            ``(ii) section 7 of the Bill Williams River 
                        Water Rights Settlement Act of 2014.
            ``(3) Effect of subsection.--Nothing in this subsection 
        affects the jurisdiction that would otherwise be available in 
        accordance with the authority provided by section 208 of the 
        Act of July 10, 1952 (commonly known as the `McCarran 
        Amendment') (43 U.S.C. 666).'';
            (4) in subsection (d)(2), by striking the paragraph 
        designation and heading and all that follows through 
        subparagraph (A) and inserting the following:
            ``(2) Applicability.--This section--
                    ``(A) applies only to--
                            ``(i) the Lower Colorado River Multi-
                        Species Conservation Program;
                            ``(ii) the Bill Williams River Water Rights 
                        Settlement Act of 2014; and
                            ``(iii) the Big Sandy River-Planet Ranch 
                        Agreement; and''; and
            (5) by striking subsection (e).
    (b) Limited Waiver of Sovereign Immunity.--
            (1) In general.--If any party to the Big Sandy River-Planet 
        Ranch Agreement or the Hualapai Tribe Agreement brings a civil 
        action in a court described in paragraph (2) relating only and 
        directly to the interpretation or enforcement of this Act (or 
        an amendment made by this Act), the Big Sandy River-Planet 
        Ranch Agreement, or the Hualapai Tribe Agreement--
                    (A) the Tribe and the United States, acting as 
                trustee for the Tribe, members of the Tribe, or the 
                allottees, may be named as a party or joined in the 
                civil action; and
                    (B) any claim by the Tribe or the United States, 
                acting as trustee for the Tribe, members of the Tribe, 
                or the allottees, to sovereign immunity from the civil 
                action is waived, but only for the limited and sole 
                purpose of the interpretation or enforcement of this 
                Act (or an amendment made by this Act), the Big Sandy 
                River-Planet Ranch Agreement, or the Hualapai Tribe 
                Agreement.
            (2) Venue.--A court referred to in paragraph (1) is--
                    (A) the United States District Court for the 
                District of Arizona; or
                    (B) a State court of competent jurisdiction where a 
                pending action has been brought to adjudicate the water 
                rights associated with the Bill Williams River system 
                and source, in accordance with the authority provided 
                by section 208 of the Act of July 10, 1952 (commonly 
                known as the ``McCarran Amendment'') (43 U.S.C. 666).
            (3) Jurisdiction.--A State court or a United States 
        district court--
                    (A) shall have jurisdiction over civil actions 
                described in paragraph (1); and
                    (B) may issue such orders, judgments, and decrees 
                as are consistent with the exercise of jurisdiction by 
                the court pursuant to--
                            (i) this section; or
                            (ii) section 9403(b) of the Omnibus Public 
                        Land Management Act of 2009 (Public Law 111-11; 
                        123 Stat. 1328).
            (4) Nonwaiver for certain claims.--Nothing in this 
        subsection waives the sovereign immunity of the Tribe or the 
        United States, acting as trustee for the Tribe, members of the 
        Tribe, or the allottees, to claims for monetary damages, costs, 
        or attorneys' fees.
    (c) Antideficiency.--
            (1) In general.--Notwithstanding any authorization of 
        appropriations to carry out this Act, the expenditure or 
        advance of any funds, and the performance of any obligation by 
        the Department in any capacity, pursuant to this Act shall be 
        contingent on the appropriation of funds for that expenditure, 
        advance, or performance.
            (2) Liability.--The Department shall not be liable for the 
        failure to carry out any obligation or activity authorized by 
        this Act if adequate appropriations are not provided to carry 
        out this Act.
    (d) Public Access.--Nothing in this Act prohibits reasonable public 
access to the Conservation Program land at Planet Ranch or Lincoln 
Ranch in a manner that is consistent with all applicable Federal and 
State laws and any applicable conservation management plan implemented 
under the Conservation Program.
    (e) Effect.--Nothing in the Big Sandy River-Planet Ranch Agreement, 
the Hualapai Tribe Agreement, or this Act--
            (1) affects the ability of the United States to carry out 
        any action in the capacity of the United States as trustee for 
        any other Indian tribe or allottee;
            (2) except as provided in subsections (a) and (b), confers 
        jurisdiction on any State court--
                    (A) to interpret Federal law or determine the 
                duties of the United States or any other party pursuant 
                to Federal law; or
                    (B) to conduct judicial review of a Federal agency 
                action; or
            (3) limits the right of any member of the Tribe (acting in 
        an individual capacity) to assert or acquire any water right 
        based on State law.

SEC. 8. ENVIRONMENTAL COMPLIANCE.

    (a) In General.--In implementing the Big Sandy River-Planet Ranch 
Agreement, the Hualapai Tribe Agreement, and this Act, the Secretary 
shall comply with all applicable Federal environmental laws (including 
regulations), including--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); and
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).
    (b) Execution of Agreements.--The execution by the Secretary of the 
Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe Agreement 
in accordance with this Act shall not constitute a major Federal action 
for purposes of section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332).
    (c) United States Enforcement Authority.--Nothing in this Act, the 
Big Sandy River-Planet Ranch Agreement, or the Hualapai Tribe Agreement 
affects any right of the United States to take any action (including 
any environmental action) under any law (including regulations and 
common law) relating to human health, safety, or the environment.

SEC. 9. ENFORCEABILITY DATE.

    (a) In General.--Except as provided in subsection (b), the 
enforceability date shall be the date on which the Secretary publishes 
in the Federal Register a statement of findings that--
            (1)(A) to the extent that the Big Sandy River-Planet Ranch 
        Agreement or the Hualapai Tribe Agreement conflict with this 
        Act, the applicable agreement has been revised by amendment to 
        eliminate the conflict; and
            (B) the Big Sandy River-Planet Ranch Agreement and the 
        Hualapai Tribe Agreement have been executed by all parties to 
        those agreements;
            (2) the Corporation has submitted to ADWR a conditional 
        amendment of the sever and transfer applications for the 
        Lincoln Ranch water right and amendments to the sever and 
        transfer applications for Planet Ranch and Lincoln Ranch water 
        rights consistent with section 4.2.1(ii)(a) of the Big Sandy 
        River-Planet Ranch Agreement;
            (3) the Secretary and the Arizona Game and Fish Commission 
        have executed and filed with ADWR a conditional withdrawal of 
        each objection described in section 4(b)(3);
            (4)(A) ADWR has issued a conditional order approving the 
        sever and transfer applications of the Corporation; and
            (B) all objections to the sever and transfer applications 
        have been--
                    (i) conditionally withdrawn; or
                    (ii) resolved in a decision issued by ADWR that is 
                final and nonappealable;
            (5) the Secretary has provided a notice to the parties to 
        the Big Sandy River-Planet Ranch Agreement and the Hualapai 
        Tribe Agreement that the Department has completed the legally 
        required environmental compliance described in section 8;
            (6) the steering committee for the Conservation Program has 
        approved and authorized the manager of the Conservation Program 
        to execute the lease in the form as set forth in exhibit 2.33 
        to the Big Sandy River-Planet Ranch Agreement; and
            (7) the waivers and releases authorized by section 6 have 
        been executed by the Tribe and the Secretary.
    (b) Ratification and Execution of Agreements.--Notwithstanding 
subsection (a), for purposes of sections 4, 5, and 8, the Secretary 
shall carry out the requirements of this Act as promptly as practicable 
after the date of enactment of this Act.
    (c) Failure of Enforceability Date to Occur.--If the Secretary does 
not publish a statement of findings under subsection (a) by December 
15, 2015, or an extended date agreed to by the Tribe, the Secretary, 
and the Corporation, after providing reasonable notice to the State of 
Arizona--
            (1) this Act is repealed effective beginning on the later 
        of--
                    (A) December 31, 2015; and
                    (B) the date that is 14 days after the extended 
                date agreed to by the Tribe, the Secretary, and the 
                Corporation, after providing reasonable notice to the 
                State of Arizona;
            (2) any action taken by the Secretary to carry out this Act 
        shall cease, and any agreement executed pursuant to this Act, 
        shall be void; and
            (3) the Tribe, members of the Tribe, the allottees, and the 
        United States, acting as trustee for the Tribe, members of the 
        Tribe, and the allottees, shall retain the right to assert 
        past, present, and future claims to water rights and claims for 
        injury to water rights in the Bill Williams River watershed.
                                                 Union Calendar No. 478

113th CONGRESS

  2d Session

                               H. R. 4924

                          [Report No. 113-638]

_______________________________________________________________________

                                 A BILL

  To direct the Secretary of the Interior to enter into the Big Sandy 
 River-Planet Ranch Water Rights Settlement Agreement and the Hualapai 
Tribe Bill Williams River Water Rights Settlement Agreement, to provide 
 for the lease of certain land located within Planet Ranch on the Bill 
 Williams River in the State of Arizona to benefit the Lower Colorado 
   River Multi-Species Conservation Program, and to provide for the 
 settlement of specific water rights claims in the Bill Williams River 
                   watershed in the State of Arizona.

_______________________________________________________________________

                            December 1, 2014

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed