[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4104 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 684
117th CONGRESS
  2d Session
                                S. 4104

To approve the settlement of water rights claims of the Hualapai Tribe 
      and certain allottees in the State of Arizona, to authorize 
construction of a water project relating to those water rights claims, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2022

 Ms. Sinema (for herself and Mr. Kelly) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

                           December 19, 2022

                Reported by Mr. Schatz, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To approve the settlement of water rights claims of the Hualapai Tribe 
      and certain allottees in the State of Arizona, to authorize 
construction of a water project relating to those water rights claims, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hualapai Tribe Water Rights 
Settlement Act of 2022''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to resolve, fully and finally, all claims to rights to 
        water in the State, including the Verde River, the Bill 
        Williams River, and the Colorado River, of--
                    (A) the Hualapai Tribe, on behalf of the Hualapai 
                Tribe and the members of the Hualapai Tribe; and
                    (B) the United States, acting as trustee for the 
                Hualapai Tribe, the members of the Hualapai Tribe, and 
                the allottees;
            (2) to authorize, ratify, and confirm the Hualapai Tribe 
        water rights settlement agreement, to the extent that agreement 
        is consistent with this Act;
            (3) to authorize and direct the Secretary to execute and 
        perform the duties and obligations of the Secretary under the 
        Hualapai Tribe water rights settlement agreement and this Act; 
        and
            (4) to authorize the appropriation of funds necessary to 
        carry out the Hualapai Tribe water rights settlement agreement 
        and this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) 1947 judgment.--The term ``1947 Judgment'' means the 
        Judgment and the Stipulation and Agreement, including exhibits 
        to the Judgment and the Stipulation and Agreement, entered on 
        March 13, 1947, in United States v. Santa Fe Pac. R.R. Co., No. 
        E-190 (D. Ariz.) and attached to the Hualapai Tribe water 
        rights settlement agreement as Exhibit 3.1.1.
            (2) AFY.--The term ``AFY'' means acre-feet per year.
            (3) Allotment.--The term ``allotment'' means any of the 4 
        off-reservation parcels that are--
                    (A) held in trust by the United States for 
                individual Indians in the Big Sandy River basin in 
                Mohave County, Arizona, under the patents numbered 
                1039995, 1039996, 1039997, and 1019494; and
                    (B) identified as Parcels 1A, 1B, 1C, and 2 on the 
                map attached to the Hualapai Tribe water rights 
                settlement agreement as Exhibit 3.1.6.
            (4) Allottee.--The term ``allottee'' means any Indian owner 
        of an allotment.
            (5) Available cap supply.--The term ``available CAP 
        supply'' means, for any year--
                    (A) all fourth priority water available for 
                delivery through the Central Arizona Project;
                    (B) water available from Central Arizona Project 
                dams and reservoirs other than the Modified Roosevelt 
                Dam; and
                    (C) return flows captured by the Secretary for 
                Central Arizona Project use.
            (6) Bill williams act.--The term ``Bill Williams Act'' 
        means the Bill Williams River Water Rights Settlement Act of 
        2014 (Public Law 113-223; 128 Stat. 2096).
            (7) Bill williams agreements.--The term ``Bill Williams 
        agreements'' means the Amended and Restated Big Sandy River-
        Planet Ranch Water Rights Settlement Agreement and the Amended 
        and Restated Hualapai Tribe Bill Williams River Water Rights 
        Settlement Agreement, including all exhibits to each agreement, 
        copies of which (excluding exhibits) are attached to the 
        Hualapai Tribe water rights settlement agreement as Exhibit 
        3.1.11.
            (8) Bill williams river phase 2 enforceability date.--The 
        term ``Bill Williams River Phase 2 Enforceability Date'' means 
        the date described in section 14(d).
            (9) Bill williams river phase 2 water rights settlement 
        agreement.--The term ``Bill Williams River phase 2 water rights 
        settlement agreement'' means the agreement of that name that is 
        attached to, and incorporated in, the Hualapai Tribe water 
        rights settlement agreement as Exhibit 4.3.3.
            (10) Cap contract.--The term ``CAP contract'' means a long-
        term contract (as defined in the CAP repayment stipulation) 
        with the United States for delivery of CAP water through the 
        CAP system.
            (11) Cap contractor.--
                    (A) In general.--The term ``CAP contractor'' means 
                a person that has entered into a CAP contract.
                    (B) Inclusion.--The term ``CAP contractor'' 
                includes the Hualapai Tribe.
            (12) Cap fixed om&r charge.--The term ``CAP fixed OM&R 
        charge'' has the meaning given the term ``Fixed OM&R Charge'' 
        in the CAP repayment stipulation.
            (13) Cap m&i priority water.--The term ``CAP M&I priority 
        water'' means water within the available CAP supply having a 
        municipal and industrial delivery priority.
            (14) Cap nia priority water.--The term ``CAP NIA priority 
        water'' means water within the available CAP supply having a 
        non-Indian agricultural delivery priority.
            (15) Cap operating agency.--The term ``CAP operating 
        agency'' means--
                    (A) the 1 or more entities authorized to assume 
                responsibility for the care, operation, maintenance, 
                and replacement of the CAP system; and
                    (B) as of the date of enactment of this Act, the 
                Central Arizona Water Conservation District.
            (16) Cap pumping energy charge.--The term ``CAP pumping 
        energy charge'' has the meaning given the term ``Pumping Energy 
        Charge'' in the CAP repayment stipulation.
            (17) Cap repayment contract.--The term ``CAP repayment 
        contract'' means--
                    (A) the contract dated December 1, 1988 (Contract 
                No. 14-06-W-245, Amendment No. 1), between the United 
                States and the Central Arizona Water Conservation 
                District for the Delivery of Water and Repayment of 
                Costs of the Central Arizona Project; and
                    (B) any amendment to, or revision of, that 
                contract.
            (18) Cap repayment stipulation.--The term ``CAP repayment 
        stipulation'' means the Stipulated Judgment and the Stipulation 
        for Judgment, including any exhibits to those documents, 
        entered on November 21, 2007, in the United States District 
        Court for the District of Arizona in the consolidated civil 
        action Central Arizona Water Conservation District v. United 
        States, numbered CIV 95-625-TUC-WDB (EHC) and CIV 95-1720-PHX-
        EHC.
            (19) Cap subcontract.--The term ``CAP subcontract'' means a 
        long-term subcontract (as defined in the CAP repayment 
        stipulation) with the United States and the Central Arizona 
        Water Conservation District for the delivery of CAP water 
        through the CAP system.
            (20) Cap subcontractor.--The term ``CAP subcontractor'' 
        means a person that has entered into a CAP subcontract.
            (21) Cap system.--The term ``CAP system'' means--
                    (A) the Mark Wilmer Pumping Plant;
                    (B) the Hayden-Rhodes Aqueduct;
                    (C) the Fannin-McFarland Aqueduct;
                    (D) the Tucson Aqueduct;
                    (E) any pumping plant or appurtenant work of a 
                feature described in subparagraph (A), (B), (C), or 
                (D); and
                    (F) any extension of, addition to, or replacement 
                for a feature described in subparagraph (A), (B), (C), 
                (D), or (E).
            (22) Cap water.--The term ``CAP water'' has the meaning 
        given the term ``Project Water'' in the CAP repayment 
        stipulation.
            (23) Central arizona project.--The term ``Central Arizona 
        Project'' means the reclamation project authorized and 
        constructed by the United States in accordance with title III 
        of the Colorado River Basin Project Act (43 U.S.C. 1521 et 
        seq.).
            (24) Central arizona water conservation district.--The term 
        ``Central Arizona Water Conservation District'' means the 
        political subdivision of the State that is the contractor under 
        the CAP repayment contract.
            (25) Colorado river compact.--The term ``Colorado River 
        Compact'' means the Colorado River Compact of 1922, as ratified 
        and reprinted in article 2 of chapter 7 of title 45, Arizona 
        Revised Statutes.
            (26) Colorado river water entitlement.--The term ``Colorado 
        River water entitlement'' means the right or authorization to 
        use Colorado River water in the State through a mainstem 
        contract with the Secretary pursuant to section 5 of the 
        Boulder Canyon Project Act (43 U.S.C. 617d).
            (27) Diversion.--The term ``diversion'' means an act to 
        divert.
            (28) Divert.--The term ``divert'' means to receive, 
        withdraw, develop, produce, or capture water using--
                    (A) a ditch, canal, flume, bypass, pipeline, pit, 
                collection or infiltration gallery, conduit, well, 
                pump, turnout, dam, or any other mechanical device; or
                    (B) any other act of man.
            (29) Domestic purpose.--
                    (A) In general.--The term ``domestic purpose'' 
                means any use relating to the supply, service, or 
                activity of a household or private residence.
                    (B) Inclusions.--The term ``domestic purpose'' 
                includes the application of water to not more than 2 
                acres of land to produce a plant or parts of a plant 
                for--
                            (i) sale or human consumption; or
                            (ii) use as feed for livestock, range 
                        livestock, or poultry.
            (30) Effluent.--The term ``effluent'' means water that--
                    (A) has been used in the State for domestic, 
                municipal, or industrial purposes, other than solely 
                for hydropower generation; and
                    (B) is available for reuse for any purpose, 
                regardless or whether the water has been treated to 
                improve the quality of the water.
            (31) Enforceability date.--The term ``Enforceability Date'' 
        means the date described in section 14(a).
            (32) Exchange.--The term ``exchange'' means a trade between 
        1 or more persons of any water for any other water, if each 
        person has a right or claim to use the water the person 
        provides in the trade, regardless of whether the water is 
        traded in equal quantities or other consideration is included 
        in the trade.
            (33) Fourth priority water.--The term ``fourth priority 
        water'' means Colorado River water that is available for 
        delivery in the State for the satisfaction of entitlements--
                    (A) in accordance with contracts, Secretarial 
                reservations, perfected rights, and other arrangements 
                between the United States and water users in the State 
                entered into or established after September 30, 1968, 
                for use on Federal, State, or privately owned land in 
                the State, in a total quantity of not greater than 
                164,652 AFY of diversions; and
                    (B) after first providing for the delivery of 
                Colorado River water for the CAP system, including for 
                use on Indian land, under section 304(e) of the 
                Colorado River Basin Project Act (43 U.S.C. 1524(e)), 
                in accordance with the CAP repayment contract.
            (34) Freeport.--
                    (A) In general.--The term ``Freeport'' means the 
                Delaware corporation named ``Freeport Minerals 
                Corporation''.
                    (B) Inclusions.--The term ``Freeport'' includes all 
                subsidiaries, affiliates, successors, and assigns of 
                Freeport Minerals Corporation, including Byner Cattle 
                Company, a Nevada corporation.
            (35) Gila river adjudication.--The term ``Gila River 
        adjudication'' means the action pending in the Superior Court 
        of the State, in and for the County of Maricopa, In Re the 
        General Adjudication of All Rights To Use Water In The Gila 
        River System and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper 
        Gila), W-4 (San Pedro) (Consolidated).
            (36) Gila river adjudication court.--The term ``Gila River 
        adjudication court'' means the Superior Court of the State, in 
        and for the County of Maricopa, exercising jurisdiction over 
        the Gila River adjudication.
            (37) Gila river adjudication decree.--The term ``Gila River 
        adjudication decree'' means the judgment or decree entered by 
        the Gila River adjudication court in substantially the same 
        form as the form of judgment attached to the Hualapai Tribe 
        water rights settlement agreement as Exhibit 3.1.43.
            (38) Groundwater.--The term ``groundwater'' means all water 
        beneath the surface of the Earth within the State that is not--
                    (A) surface water;
                    (B) effluent; or
                    (C) Colorado River water.
            (39) Hualapai fee land.--The term ``Hualapai fee land'' 
        means land, other than Hualapai trust land, that--
                    (A) is located in the State;
                    (B) is located outside the exterior boundaries of 
                the Hualapai Reservation or Hualapai trust land; and
                    (C) as of the Enforceability Date, is owned by the 
                Hualapai Tribe, including by a tribally owned 
                corporation.
            (40) Hualapai land.--The term ``Hualapai land'' means--
                    (A) the Hualapai Reservation;
                    (B) Hualapai trust land; and
                    (C) Hualapai fee land.
            (41) Hualapai reservation.--The term ``Hualapai 
        Reservation'' means the land within the exterior boundaries of 
        the Hualapai Reservation, including--
                    (A) all land withdrawn by the Executive order dated 
                January 4, 1883, as modified by the May 28, 1942, order 
                of the Secretary pursuant to the Act of February 20, 
                1925 (43 Stat. 954, chapter 273);
                    (B) the land identified by the Executive orders 
                dated December 22, 1898, May 14, 1900, and June 2, 
                1911; and
                    (C) the land added to the Hualapai Reservation by 
                sections 11 and 12.
            (42) Hualapai tribe.--The term ``Hualapai Tribe'' means the 
        Hualapai Tribe, a federally recognized Indian Tribe of Hualapai 
        Indians organized under section 16 of the Act of June 18, 1934 
        (25 U.S.C. 5123) (commonly known as the ``Indian Reorganization 
        Act'').
            (43) Hualapai tribe cap water.--The term ``Hualapai Tribe 
        CAP water'' means the 4,000 AFY of the CAP NIA priority water 
        that--
                    (A) was previously allocated to non-Indian 
                agricultural entities;
                    (B) was retained by the Secretary for reallocation 
                to Indian Tribes in the State pursuant to section 
                104(a)(1)(A)(iii) of the Central Arizona Project 
                Settlement Act of 2004 (Public Law 108-451; 118 Stat. 
                3487); and
                    (C) is reallocated to the Hualapai Tribe pursuant 
                to section 13.
            (44) Hualapai tribe water delivery contract.--The term 
        ``Hualapai Tribe water delivery contract'' means the contract 
        entered into in accordance with the Hualapai Tribe water rights 
        settlement agreement and section 13(c) for the delivery of 
        Hualapai Tribe CAP water.
            (45) Hualapai tribe water rights settlement agreement.--
                    (A) In general.--The term ``Hualapai Tribe water 
                rights settlement agreement'' means the agreement, 
                including exhibits, entitled ``Hualapai Tribe Water 
                Rights Settlement Agreement'' and dated February 11, 
                2019.
                    (B) Inclusions.--The term ``Hualapai Tribe water 
                rights settlement agreement'' includes--
                            (i) any amendments necessary to make the 
                        Hualapai Tribe water rights settlement 
                        agreement consistent with this Act; and
                            (ii) any other amendments approved by the 
                        parties to the Hualapai Tribe water rights 
                        settlement agreement and the Secretary.
            (46) Hualapai trust land.--The term ``Hualapai trust land'' 
        means land, other than Hualapai fee land, that is--
                    (A) located--
                            (i) in the State; and
                            (ii) outside the exterior boundaries of the 
                        Hualapai Reservation; and
                    (B) as of the Enforceability Date, held in trust by 
                the United States for the benefit of the Hualapai 
                Tribe.
            (47) Hualapai water project.--The term ``Hualapai Water 
        Project'' means the project constructed in accordance with 
        section 6(a)(7)(A).
            (48) Hualapai water trust fund account.--The term 
        ``Hualapai Water Trust Fund Account'' means the account 
        established under section 6(a)(1).
            (49) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (50) Injury to water rights.--
                    (A) In general.--The term ``injury to water 
                rights'' means any interference with, diminution of, or 
                deprivation of, a water right under Federal, State, or 
                other law.
                    (B) Exclusion.--The term ``injury to water rights'' 
                does not include any injury to water quality.
            (51) Lower basin.--The term ``lower basin'' has the meaning 
        given the term in article II(g) of the Colorado River Compact.
            (52) Lower colorado river basin development fund.--The term 
        ``Lower Colorado River Basin Development Fund'' means the fund 
        established by section 403(a) of the Colorado River Basin 
        Project Act (43 U.S.C. 1543(a)).
            (53) Member.--The term ``member'' means any person duly 
        enrolled as a member of the Hualapai Tribe.
            (54) OM&R.--The term ``OM&R'' means--
                    (A) any recurring or ongoing activity relating to 
                the day-to-day operation of a project;
                    (B) any activity relating to scheduled or 
                unscheduled maintenance of a project; and
                    (C) any activity relating to replacing a feature of 
                a project.
            (55) Parcel 1.--The term ``Parcel 1'' means the parcel of 
        land that is--
                    (A) depicted as 3 contiguous allotments identified 
                as 1A, 1B, and 1C on the map attached to the Hualapai 
                Tribe water rights settlement agreement as Exhibit 
                3.1.6; and
                    (B) held in trust for certain allottees.
            (56) Parcel 2.--The term ``Parcel 2'' means the parcel of 
        land that is--
                    (A) depicted as ``Parcel 2'' on the map attached to 
                the Hualapai Tribe water rights settlement agreement as 
                Exhibit 3.1.6; and
                    (B) held in trust for certain allottees.
            (57) Parcel 3.--The term ``Parcel 3'' means the parcel of 
        land that is--
                    (A) depicted as ``Parcel 3'' on the map attached to 
                the Hualapai Tribe water rights settlement agreement as 
                Exhibit 3.1.6;
                    (B) held in trust for the Hualapai Tribe; and
                    (C) part of the Hualapai Reservation pursuant to 
                Executive Order 1368, dated June 2, 1911.
            (58) Party.--The term ``party'' means a person that is a 
        signatory to the Hualapai Tribe water rights settlement 
        agreement.
            (59) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (60) State.--The term ``State'' means the State of Arizona.
            (61) Stock watering.--The term ``stock watering'' means the 
        watering of livestock, range livestock, or poultry.
            (62) Surface water.--The term ``surface water'' means all 
        water in the State that is appropriable under State law.
            (63) Truxton basin.--The term ``Truxton Basin'' means the 
        groundwater aquifer described in the report issued by the 
        United States Geological Survey entitled ``Groundwater 
        Availability in the Truxton Basin, Northwestern Arizona'', 
        Scientific Investigations Report No. 2020-5017-A.
            (64) Water.--The term ``water'', when used without a 
        modifying adjective, means--
                    (A) groundwater;
                    (B) surface water;
                    (C) effluent; and
                    (D) Colorado River water.
            (65) Water right.--The term ``water right'' means any right 
        in or to groundwater, surface water, effluent, or Colorado 
        River water under Federal, State, or other law.

SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI TRIBE WATER RIGHTS 
              SETTLEMENT AGREEMENT.

    (a) Ratification.--
            (1) In general.--Except as modified by this Act and to the 
        extent the Hualapai Tribe water rights settlement agreement 
        does not conflict with this Act, the Hualapai Tribe water 
        rights settlement agreement is authorized, ratified, and 
        confirmed.
            (2) Amendments.--If an amendment to the Hualapai Tribe 
        water rights settlement agreement, or to any exhibit attached 
        to the Hualapai Tribe water rights settlement agreement 
        requiring the signature of the Secretary, is executed in 
        accordance with this Act to make the Hualapai Tribe water 
        rights settlement agreement consistent with this Act, the 
        amendment is authorized, ratified, and confirmed, to the extent 
        the amendment is consistent with this Act.
    (b) Execution.--
            (1) In general.--To the extent the Hualapai Tribe water 
        rights settlement agreement does not conflict with this Act, 
        the Secretary shall execute the Hualapai Tribe water rights 
        settlement agreement, including all exhibits to, or parts of, 
        the Hualapai Tribe water rights settlement agreement requiring 
        the signature of the Secretary.
            (2) Modifications.--Nothing in this Act prohibits the 
        Secretary from approving any modification to an appendix or 
        exhibit to the Hualapai Tribe water rights settlement agreement 
        that is consistent with this Act, to the extent the 
        modification does not otherwise require congressional approval 
        under section 2116 of the Revised Statutes (25 U.S.C. 177) or 
        any other applicable provision of Federal law.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the Hualapai Tribe water 
        rights settlement agreement (including all exhibits to the 
        Hualapai Tribe water rights settlement agreement requiring the 
        signature of the Secretary) and this Act, the Secretary shall 
        comply with all applicable provisions of--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), including the implementing 
                regulations of that Act; and
                    (C) all other applicable Federal environmental laws 
                and regulations.
            (2) Compliance.--
                    (A) In general.--In implementing the Hualapai Tribe 
                water rights settlement agreement and this Act, the 
                Hualapai Tribe shall prepare any necessary 
                environmental documents, consistent with all applicable 
                provisions of--
                            (i) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                            (ii) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.), including the 
                        implementing regulations of that Act; and
                            (iii) all other applicable Federal 
                        environmental laws and regulations.
                    (B) Authorizations.--The Secretary shall--
                            (i) independently evaluate the 
                        documentation submitted under subparagraph (A); 
                        and
                            (ii) be responsible for the accuracy, 
                        scope, and contents of that documentation.
            (3) Effect of execution.--The execution of the Hualapai 
        Tribe water rights settlement agreement by the Secretary under 
        this section shall not constitute a major action for purposes 
        of the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.).

SEC. 5. WATER RIGHTS.

    (a) Water Rights To Be Held in Trust.--
            (1) Hualapai tribe.--The United States shall hold the 
        following water rights in trust for the benefit of the Hualapai 
        Tribe:
                    (A) The water rights for the Hualapai Reservation 
                described in subparagraph 4.2 of the Hualapai Tribe 
                water rights settlement agreement.
                    (B) The water rights for Hualapai trust land 
                described in subparagraph 4.4 of the Hualapai Tribe 
                water rights settlement agreement.
                    (C) The water rights described in section 12(e)(2) 
                for any land taken into trust by the United States for 
                the benefit of the Hualapai Tribe--
                            (i) after the Enforceability Date; and
                            (ii) in accordance with section 12(e)(1).
                    (D) All Hualapai Tribe CAP water.
            (2) Allottees.--The United States shall hold in trust for 
        the benefit of the allottees all water rights for the 
        allotments described in subparagraph 4.3.2 of the Hualapai 
        Tribe water rights settlement agreement.
    (b) Forfeiture and Abandonment.--The following water rights shall 
not be subject to loss through non-use, forfeiture, abandonment, or 
other operation of law:
            (1) The water rights for the Hualapai Reservation described 
        in subparagraph 4.2 of the Hualapai Tribe water rights 
        settlement agreement.
            (2) The water rights for Hualapai trust land described in 
        subparagraph 4.4 of the Hualapai Tribe water rights settlement 
        agreement.
            (3) Any Colorado River water entitlement purchased by the 
        Hualapai Tribe wholly or substantially with amounts in the 
        Economic Development Fund described in section 8.1 of the 
        Amended and Restated Hualapai Tribe Bill Williams River Water 
        Rights Settlement Agreement.
    (c) Alienation.--Any Colorado River water entitlement purchased by 
the Hualapai Tribe wholly or substantially with amounts in the Economic 
Development Fund described in section 8.1 of the Amended and Restated 
Hualapai Tribe Bill Williams River Water Rights Settlement Agreement 
shall be restricted against permanent alienation by the Hualapai Tribe.
    (d) Hualapai Tribe Cap Water.--The Hualapai Tribe shall have the 
right to divert, use, and store the Hualapai Tribe CAP water in 
accordance with section 13.
    (e) Colorado River Water Entitlements.--
            (1) Uses.--The Hualapai Tribe shall have the right to use 
        any Colorado River water entitlement purchased by or donated to 
        the Hualapai Tribe at the location to which the entitlement is 
        appurtenant on the date on which the entitlement is purchased 
        or donated.
            (2) Storage.--
                    (A) In general.--Subject to paragraphs (3) and (5), 
                the Hualapai Tribe may store Colorado River water 
                available under any Colorado River water entitlement 
                purchased by or donated to the Hualapai Tribe at 
                underground storage facilities or groundwater savings 
                facilities located within the State and in accordance 
                with State law.
                    (B) Assignments.--The Hualapai Tribe may assign any 
                long-term storage credits accrued as a result of 
                storage under subparagraph (A) in accordance with State 
                law.
            (3) Transfers.--The Hualapai Tribe may transfer the 
        entitlement for use or storage under paragraph (1) or (2), 
        respectively, to another location within the State, including 
        the Hualapai Reservation, in accordance with the Hualapai Tribe 
        water rights settlement agreement and all applicable Federal 
        and State laws governing the transfer of Colorado River water 
        entitlements within the State.
            (4) Leases.--The Hualapai Tribe may lease any Colorado 
        River water entitlement for use or storage under paragraph (1) 
        or (2), respectively, to a water user within the State, in 
        accordance with the Hualapai Tribe water rights settlement 
        agreement and all applicable Federal and State laws governing 
        the transfer of Colorado River water entitlements within the 
        State.
            (5) Transports.--The Hualapai Tribe, or any person who 
        leases a Colorado River water entitlement from the Hualapai 
        Tribe under paragraph (4), may transport Colorado River water 
        available under the Colorado River water entitlement through 
        the Central Arizona Project in accordance with all laws of the 
        United States and the agreements between the United States and 
        the Central Arizona Water Conservation District governing the 
        use of the Central Arizona Project to transport water other 
        than CAP water.
    (f) Use Off-Reservation.--No water rights to groundwater under the 
Hualapai Reservation or Hualapai trust land, or to surface water on the 
Hualapai Reservation or Hualapai trust land, may be sold, leased, 
transferred, or used outside the boundaries of the Hualapai Reservation 
or Hualapai trust land, other than under an exchange.
    (g) Groundwater Transportation.--
            (1) Fee land.--Groundwater may be transported in accordance 
        with State law away from Hualapai fee land and away from land 
        acquired in fee by the Hualapai Tribe, including by a tribally 
        owned corporation, after the Enforceability Date.
            (2) Land added to hualapai reservation.--Groundwater may be 
        transported in accordance with State law away from land added 
        to the Hualapai Reservation by sections 11 and 12 to other land 
        within the Hualapai Reservation.

SEC. 6. HUALAPAI WATER TRUST FUND ACCOUNT; CONSTRUCTION OF HUALAPAI 
              WATER PROJECT; FUNDING.

    (a) Hualapai Water Trust Fund Account.--
            (1) Establishment.--The Secretary shall establish a trust 
        fund account, to be known as the ``Hualapai Water Trust Fund 
        Account'', to be managed, invested, and distributed by the 
        Secretary and to remain available until expended, withdrawn, or 
        reverted to the general fund of the Treasury, consisting of the 
        amounts deposited in the Hualapai Water Trust Fund Account 
        under paragraph (2), together with any interest earned on those 
        amounts, for the purposes of carrying out this Act.
            (2) Deposits.--The Secretary shall deposit in the Hualapai 
        Water Trust Fund Account the amounts made available pursuant to 
        section 7(a)(1).
            (3) Management and interest.--
                    (A) Management.--On receipt and deposit of funds 
                into the Hualapai Water Trust Fund Account, the 
                Secretary shall manage, invest, and distribute all 
                amounts in the Hualapai Water Trust Fund Account in a 
                manner that is consistent with the investment authority 
                of the Secretary under--
                            (i) the first section of the Act of June 
                        24, 1938 (25 U.S.C. 162a);
                            (ii) the American Indian Trust Fund 
                        Management Reform Act of 1994 (25 U.S.C. 4001 
                        et seq.); and
                            (iii) this subsection.
                    (B) Investment earnings.--In addition to the 
                deposits made to the Hualapai Water Trust Fund Account 
                under paragraph (2), any investment earnings, including 
                interest, credited to amounts held in the Hualapai 
                Water Trust Fund Account are authorized to be used in 
                accordance with paragraph (7).
            (4) Availability of amounts.--
                    (A) In general.--Amounts appropriated to, and 
                deposited in, the Hualapai Water Trust Fund Account, 
                including any investment earnings, shall be made 
                available to the Hualapai Tribe by the Secretary 
                beginning on the Enforceability Date, subject to the 
                requirements of this section.
                    (B) Use.--Notwithstanding subparagraph (A), amounts 
                deposited in the Hualapai Water Trust Fund Account 
                shall be available to the Hualapai Tribe on the date on 
                which the amounts are deposited for environmental 
                compliance, as provided in section 8.
            (5) Withdrawals.--
                    (A) Withdrawals under the american indian trust 
                fund management reform act of 1994.--
                            (i) In general.--The Hualapai Tribe may 
                        withdraw any portion of the amounts in the 
                        Hualapai Water Trust Fund Account on approval 
                        by the Secretary of a Tribal management plan 
                        submitted by the Tribe in accordance with the 
                        American Indian Trust Fund Management Reform 
                        Act of 1994 (25 U.S.C. 4001 et seq.).
                            (ii) Requirements.--In addition to the 
                        requirements under the American Indian Trust 
                        Fund Management Reform Act of 1994 (25 U.S.C. 
                        4001 et seq.), the Tribal management plan under 
                        this subparagraph shall require that the 
                        Hualapai Tribe spend all amounts withdrawn from 
                        the Hualapai Water Trust Fund Account and any 
                        investment earnings accrued through the 
                        investments under the Tribal management plan in 
                        accordance with this Act.
                            (iii) Enforcement.--The Secretary may carry 
                        out such judicial and administrative actions as 
                        the Secretary determines to be necessary to 
                        enforce the Tribal management plan under this 
                        subparagraph to ensure that amounts withdrawn 
                        by the Hualapai Tribe from the Hualapai Water 
                        Trust Fund Account under clause (i) are used in 
                        accordance with this Act.
                    (B) Withdrawals under expenditure plan.--
                            (i) In general.--The Hualapai Tribe may 
                        submit to the Secretary a request to withdraw 
                        funds from the Hualapai Water Trust Fund 
                        Account pursuant to an approved expenditure 
                        plan.
                            (ii) Requirements.--To be eligible to 
                        withdraw amounts under an expenditure plan 
                        under this subparagraph, the Hualapai Tribe 
                        shall submit to the Secretary an expenditure 
                        plan for any portion of the Hualapai Water 
                        Trust Fund Account that the Hualapai Tribe 
                        elects to withdraw pursuant to this 
                        subparagraph, subject to the condition that the 
                        amounts shall be used for the purposes 
                        described in this Act.
                            (iii) Inclusions.--An expenditure plan 
                        under this subparagraph shall include a 
                        description of the manner and purpose for which 
                        the amounts proposed to be withdrawn from the 
                        Hualapai Water Trust Fund Account will be used 
                        by the Hualapai Tribe, in accordance with 
                        paragraph (7).
                            (iv) Approval.--The Secretary shall approve 
                        an expenditure plan submitted under clause (ii) 
                        if the Secretary determines that the plan--
                                    (I) is reasonable; and
                                    (II) is consistent with, and will 
                                be used for, the purposes of this Act.
                            (v) Enforcement.--The Secretary may carry 
                        out such judicial and administrative actions as 
                        the Secretary determines to be necessary to 
                        enforce an expenditure plan to ensure that 
                        amounts disbursed under this subparagraph are 
                        used in accordance with this Act.
            (6) Effect of title.--Nothing in this section gives the 
        Hualapai Tribe the right to judicial review of a determination 
        of the Secretary relating to whether to approve a Tribal 
        management plan under paragraph (5)(A) or an expenditure plan 
        under paragraph (5)(B) except under subchapter II of chapter 5, 
        and chapter 7, of title 5, United States Code (commonly known 
        as the ``Administrative Procedure Act'').
            (7) Uses.--Amounts from the Hualapai Water Trust Fund 
        Account shall be used by the Hualapai Tribe--
                    (A) to plan, design, construct, and conduct related 
                activities, including compliance with Federal 
                environmental laws under section 8, the Hualapai Water 
                Project, which shall be designed to divert, treat, and 
                convey up to 3,414 AFY of water from the Colorado River 
                in the lower basin in the State, including locations on 
                or directly adjacent to the Hualapai Reservation, for 
                municipal, commercial, and industrial uses on the 
                Hualapai Reservation;
                    (B) to perform OM&R on the Hualapai Water Project;
                    (C) to construct facilities to transport electrical 
                power to pump water for the Hualapai Water Project;
                    (D) to construct, repair, and replace such 
                infrastructure as may be necessary for groundwater 
                wells on the Hualapai Reservation and to construct 
                infrastructure for delivery and use of such groundwater 
                on the Hualapai Reservation;
                    (E) to acquire land, interests in land, and water 
                rights outside the exterior boundaries of the Hualapai 
                Reservation that are located in the Truxton Basin;
                    (F) to reimburse the Hualapai Tribe for any--
                            (i) planning, design, and engineering costs 
                        associated with the Hualapai Water Project that 
                        the Hualapai Tribe incurs using Tribal funds 
                        during the period--
                                    (I) beginning on the date of 
                                enactment of this Act; and
                                    (II) ending on the Enforceability 
                                Date; and
                            (ii) construction costs associated with the 
                        Hualapai Water Project that the Hualapai Tribe 
                        incurs using Tribal funds during the period--
                                    (I) beginning on the date on which 
                                the Secretary issues a record of 
                                decision; and
                                    (II) ending on the Enforceability 
                                Date; and
                    (G) to make contributions to the Economic 
                Development Fund described in section 8.1 of the 
                Amended and Restated Hualapai Tribe Bill Williams River 
                Water Rights Settlement Agreement for the purpose of 
                purchasing additional Colorado River water entitlements 
                and appurtenant land.
            (8) Liability.--The Secretary and the Secretary of the 
        Treasury shall not be liable for the expenditure or investment 
        of any amounts withdrawn from the Hualapai Water Trust Fund 
        Account by the Hualapai Tribe under paragraph (5).
            (9) Title to infrastructure.--Title to, control over, and 
        operation of any project constructed using funds from the 
        Hualapai Water Trust Fund Account shall remain in the Hualapai 
        Tribe.
            (10) OM&R.--All OM&R costs of any project constructed using 
        funds from the Hualapai Water Trust Fund Account shall be the 
        responsibility of the Hualapai Tribe.
            (11) No per capita distributions.--No portion of the 
        Hualapai Water Trust Fund Account shall be distributed on a per 
        capita basis to any member of the Hualapai Tribe.
            (12) Expenditure reports.--The Hualapai Tribe shall 
        annually submit to the Secretary an expenditure report 
        describing accomplishments and amounts spent from use of 
        withdrawals under a Tribal management plan or an expenditure 
        plan under this Act.
    (b) Hualapai Water Settlement Implementation Fund Account.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a nontrust, interest-bearing account, to be 
        known as the ``Hualapai Water Settlement Implementation Fund 
        Account'' (referred to in this subsection as the 
        ``Implementation Fund Account'') to be managed and distributed 
        by the Secretary, for use by the Secretary for carrying out 
        this Act.
            (2) Deposits.--The Secretary shall deposit in the 
        Implementation Fund Account the amounts made available pursuant 
        to section 7(a)(2).
            (3) Uses.--The Implementation Fund Account shall be used by 
        the Secretary to carry out section 15(c), including for 
        groundwater monitoring in the Truxton Basin.
            (4) Interest.--In addition to the deposits under paragraph 
        (2), any investment earnings, including interest, credited to 
        amounts unexpended in the Implementation Fund Account are 
        authorized to be appropriated to be used in accordance with 
        paragraph (3).

SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Authorizations.--
            (1) Hualapai water trust fund account.--There is authorized 
        to be appropriated to the Secretary for deposit in the Hualapai 
        Water Trust Fund Account $ 180,000,000  312,000,000, to be 
        available until expended, withdrawn, or reverted to the general 
        fund of the Treasury.
            (2) Hualapai water settlement implementation fund 
        account.--There is authorized to be appropriated to the 
        Secretary for deposit in the Hualapai Water Settlement 
        Implementation Fund account established by section 6(b)(1) 
        $5,000,000.
    (b) Fluctuation in Costs.--
            (1) In general.--The amount authorized to be appropriated 
        under subsection (a)(1) shall be increased or decreased, as 
        appropriate, by such amounts as may be justified by reason of 
        ordinary fluctuations in costs occurring after the date of 
        enactment of this Act, as indicated by the Bureau of 
        Reclamation Construction Cost Index--Composite Trend.
            (2) Construction costs adjustment.--The amount authorized 
        to be appropriated under subsection (a)(1) shall be adjusted to 
        address construction cost changes necessary to account for 
        unforeseen market volatility that may not otherwise be captured 
        by engineering cost indices as determined by the Secretary, 
        including repricing applicable to the types of construction and 
        current industry standards involved.
            (3) Repetition.--The adjustment process under this 
        subsection shall be repeated for each subsequent amount 
        appropriated until the amount authorized, as adjusted, has been 
        appropriated.
            (4) Period of indexing.--The period of indexing adjustment 
        for any increment of funding shall end on the date on which the 
        funds are deposited in the Hualapai Water Trust Fund Account.

SEC. 8. ENVIRONMENTAL COMPLIANCE.

    (a) In General.--Effective beginning on the date of deposit of 
funds in the Hualapai Water Trust Fund Account, the Hualapai Tribe may 
commence any environmental, cultural, and historical compliance 
activities necessary to implement the Hualapai Tribe water rights 
settlement agreement and this Act, including activities necessary to 
comply with all applicable provisions of--
            (1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);
            (2) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), including the implementing regulations of 
        that Act; and
            (3) all other applicable Federal environmental or 
        historical and cultural protection laws and regulations.
    (b) No Effect on Outcome.--Nothing in this Act affects or directs 
the outcome of any analysis under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal 
environmental or historical and cultural protection law.
    (c) Compliance Costs.--Any costs associated with the performance of 
the compliance activities under subsection (a) shall be paid from funds 
deposited in the Hualapai Water Trust Fund Account, subject to the 
condition that any costs associated with the performance of Federal 
approval or other review of such compliance work or costs associated 
with inherently Federal functions shall remain the responsibility of 
the Secretary.
    (d) Record of Decision.--Construction of the Hualapai Water Project 
shall not commence until the Secretary issues a record of decision 
after completion of an environmental impact statement for the Hualapai 
Water Project.
    (e) Construction Costs.--Any costs of construction incurred by the 
Hualapai Tribe during the period beginning on the date on which the 
Secretary issues a record of decision and ending on the Enforceability 
Date shall be paid by the Hualapai Tribe and not from funds deposited 
in the Hualapai Water Trust Fund Account, subject to the condition 
that, pursuant to section 6(a)(7)(F), the Hualapai Tribe may be 
reimbursed after the Enforceability Date from the Hualapai Water Trust 
Fund Account for any such costs of construction incurred by the 
Hualapai Tribe prior to the Enforceability Date.

SEC. 9. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.

    (a) Waivers and Releases of Claims by the Hualapai Tribe.--
            (1) Claims against the state and others.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Hualapai Tribe, on behalf of the Hualapai 
                Tribe and the members of the Hualapai Tribe (but not 
                members in the capacity of the members as allottees) 
                and the United States, acting as trustee for the 
                Hualapai Tribe and the members of the Hualapai Tribe 
                (but not members in the capacity of the members as 
                allottees), as part of the performance of the 
                respective obligations of the Hualapai Tribe and the 
                United States under the Hualapai Tribe water rights 
                settlement agreement and this Act, are authorized to 
                execute a waiver and release of any claims against the 
                State (or any agency or political subdivision of the 
                State) and any other individual, entity, corporation, 
                or municipal corporation under Federal, State, or other 
                law for all--
                            (i) past, present, and future claims for 
                        water rights, including rights to Colorado 
                        River water, for Hualapai land, arising from 
                        time immemorial and, thereafter, forever;
                            (ii) past, present, and future claims for 
                        water rights, including rights to Colorado 
                        River water, arising from time immemorial and, 
                        thereafter, forever, that are based on the 
                        aboriginal occupancy of land by the Hualapai 
                        Tribe, the predecessors of the Hualapai Tribe, 
                        the members of the Hualapai Tribe, or 
                        predecessors of the members of the Hualapai 
                        Tribe;
                            (iii) past and present claims for injury to 
                        water rights, including injury to rights to 
                        Colorado River water, for Hualapai land, 
                        arising from time immemorial through the 
                        Enforceability Date;
                            (iv) past, present, and future claims for 
                        injury to water rights, including injury to 
                        rights to Colorado River water, arising from 
                        time immemorial and, thereafter, forever, that 
                        are based on the aboriginal occupancy of land 
                        by the Hualapai Tribe, the predecessors of the 
                        Hualapai Tribe, the members of the Hualapai 
                        Tribe, or predecessors of the members of the 
                        Hualapai Tribe;
                            (v) claims for injury to water rights, 
                        including injury to rights to Colorado River 
                        water, arising after the Enforceability Date, 
                        for Hualapai land, resulting from the off-
                        reservation diversion or use of surface water, 
                        Colorado River water, or effluent in a manner 
                        not in violation of the Hualapai Tribe water 
                        rights settlement agreement or State law;
                            (vi) past, present, and future claims 
                        arising out of, or relating in any manner to, 
                        the negotiation, execution, or adoption of the 
                        Hualapai Tribe water rights settlement 
                        agreement, any judgment or decree approving or 
                        incorporating the Hualapai Tribe water rights 
                        settlement agreement, or this Act;
                            (vii) claims for water rights of the 
                        Hualapai Tribe or the United States, acting as 
                        trustee for the Hualapai Tribe and members of 
                        the Hualapai Tribe, with respect to Parcel 3, 
                        in excess of 300 AFY;
                            (viii) claims for injury to water rights 
                        arising after the Enforceability Date for 
                        Hualapai land resulting from the off-
                        reservation diversion or use of groundwater 
                        from--
                                    (I) any well constructed outside of 
                                the Truxton Basin on or before the date 
                                of enactment of this Act;
                                    (II) any well constructed outside 
                                of the Truxton Basin, and not more than 
                                2 miles from the exterior boundaries of 
                                the Hualapai Reservation, after the 
                                date of enactment of this Act if--
                                            (aa) the well was 
                                        constructed to replace a well 
                                        in existence on the date of 
                                        enactment of this Act;
                                            (bb) the replacement well 
                                        was constructed within 660 feet 
                                        of the well being replaced; and
                                            (cc) the pumping capacity 
                                        and case diameter of the 
                                        replacement well do not exceed 
                                        the pumping capacity and case 
                                        diameter of the well being 
                                        replaced; or
                                    (III) any well constructed outside 
                                the Truxton Basin, and not less than 2 
                                miles from the exterior boundaries of 
                                the Hualapai Reservation, after the 
                                date of enactment of this Act, subject 
                                to the condition that the 
                                authorizations and restrictions 
                                regarding the location, size, and 
                                operation of wells in the Bill Williams 
                                River watershed set forth in the Bill 
                                Williams agreements and the Bill 
                                Williams Act, and the waivers of claims 
                                in the Bill Williams agreements and the 
                                Bill Williams Act, shall continue to 
                                apply to the parties to the Bill 
                                Williams agreements, notwithstanding 
                                the provisions of this subsection; and
                            (ix) claims for injury to water rights 
                        arising after the Enforceability Date, for 
                        Hualapai land, resulting from the off-
                        reservation diversion or use of groundwater in 
                        the Truxton Basin from--
                                    (I) any well constructed within the 
                                Truxton Basin for domestic purposes or 
                                stock watering--
                                            (aa) on or before the date 
                                        on which the Secretary provides 
                                        written notice to the State 
                                        pursuant to section 15(c)(2); 
                                        or
                                            (bb) after the date on 
                                        which the Secretary provides 
                                        written notice to the State 
                                        pursuant to that section if--

                                                    (AA) the well was 
                                                constructed to replace 
                                                a well in existence on 
                                                the date on which the 
                                                notice was provided;

                                                    (BB) the 
                                                replacement well was 
                                                constructed within 660 
                                                feet of the well being 
                                                replaced; and

                                                    (CC) the pumping 
                                                capacity and case 
                                                diameter of the 
                                                replacement well do not 
                                                exceed the pumping 
                                                capacity and case 
                                                diameter of the well 
                                                being replaced; and

                                    (II) any well constructed within 
                                the Truxton Basin for purposes other 
                                than domestic purposes or stock 
                                watering--
                                            (aa) on or before the date 
                                        of enactment of this Act;
                                            (bb) after the date of 
                                        enactment of this Act if the 
                                        Secretary has not provided 
                                        written notice to the State 
                                        pursuant to section 15(c)(2); 
                                        or
                                            (cc) after the date of 
                                        enactment of this Act if the 
                                        Secretary has provided written 
                                        notice to the State pursuant to 
                                        section 15(c)(2) and if--

                                                    (AA) the well was 
                                                constructed to replace 
                                                a well in existence on 
                                                the on which date the 
                                                notice was provided;

                                                    (BB) the 
                                                replacement well was 
                                                constructed within 660 
                                                feet of the well being 
                                                replaced; and

                                                    (CC) the pumping 
                                                capacity and case 
                                                diameter of the 
                                                replacement well do not 
                                                exceed the pumping 
                                                capacity and case 
                                                diameter of the well 
                                                being replaced.

                    (B) Effective date.--The waiver and release of 
                claims described in subparagraph (A) shall take effect 
                on the Enforceability Date.
                    (C) Reservation of rights and retention of 
                claims.--Notwithstanding the waiver and release of 
                claims described in subparagraph (A), the Hualapai 
                Tribe, acting on behalf of the Hualapai Tribe and the 
                members of the Hualapai Tribe, and the United States, 
                acting as trustee for the Hualapai Tribe and the 
                members of the Hualapai Tribe (but not members in the 
                capacity of the members as allottees), shall retain any 
                right--
                            (i) subject to subparagraph 12.7 of the 
                        Hualapai Tribe water rights settlement 
                        agreement, to assert claims for injuries to, 
                        and seek enforcement of, the rights of the 
                        Hualapai Tribe under the Hualapai Tribe water 
                        rights settlement agreement or this Act in any 
                        Federal or State court of competent 
                        jurisdiction;
                            (ii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Hualapai 
                        Tribe under any judgment or decree approving or 
                        incorporating the Hualapai Tribe water rights 
                        settlement agreement;
                            (iii) to assert claims for water rights 
                        based on State law for land owned or acquired 
                        by the Hualapai Tribe in fee, under 
                        subparagraph 4.8 of the Hualapai Tribe water 
                        rights settlement agreement;
                            (iv) to object to any claims for water 
                        rights or injury to water rights by or for any 
                        Indian Tribe or the United States, acting on 
                        behalf of any Indian Tribe;
                            (v) to assert past, present, or future 
                        claims for injury to water rights against any 
                        Indian Tribe or the United States, acting on 
                        behalf of any Indian Tribe;
                            (vi) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Hualapai 
                        Tribe under the Bill Williams agreements or the 
                        Bill Williams Act in any Federal or State court 
                        of competent jurisdiction;
                            (vii) subject to paragraphs (1), (3), (4), 
                        and (5) of section 5(e), to assert the rights 
                        of the Hualapai Tribe under any Colorado River 
                        water entitlement purchased by or donated to 
                        the Hualapai Tribe; and
                            (viii) to assert claims for injury to water 
                        rights arising after the Enforceability Date 
                        for Hualapai land resulting from any off-
                        reservation diversion or use of groundwater, 
                        without regard to quantity, from--
                                    (I) any well constructed after the 
                                date of enactment of this Act outside 
                                of the Truxton Basin and not more than 
                                2 miles from the exterior boundaries of 
                                the Hualapai Reservation, except a 
                                replacement well described in 
                                subparagraph (A)(viii)(II), subject to 
                                the authorizations and restrictions 
                                regarding the location, size, and 
                                operation of wells in the Bill Williams 
                                River watershed, and the waivers of 
                                claims, set forth in the Bill Williams 
                                agreements and the Bill Williams Act;
                                    (II) any well constructed within 
                                the Truxton Basin for domestic purposes 
                                or stock watering after the date on 
                                which the Secretary has provided 
                                written notice to the State pursuant to 
                                section 15(c)(2), except for a 
                                replacement well described in 
                                subparagraph (A)(ix)(I)(bb); and
                                    (III) any well constructed within 
                                the Truxton Basin for purposes other 
                                than domestic purposes or stock 
                                watering after the date of enactment of 
                                this Act, if the Secretary has provided 
                                notice to the State pursuant to section 
                                15(c)(2), except for a replacement well 
                                as described in subparagraph 
                                (A)(ix)(II)(cc).
            (2) Claims against united states.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Hualapai Tribe, acting on behalf of the 
                Hualapai Tribe and the members of the Hualapai Tribe 
                (but not members in the capacity of the members as 
                allottees) as part of the performance of the 
                obligations of the Hualapai Tribe under the Hualapai 
                Tribe water rights settlement agreement and this Act, 
                is authorized to execute a waiver and release of all 
                claims against the United States, including agencies, 
                officials, and employees of the United States, under 
                Federal, State, or other law for all--
                            (i) past, present, and future claims for 
                        water rights, including rights to Colorado 
                        River water, for Hualapai land, arising from 
                        time immemorial and, thereafter, forever;
                            (ii) past, present, and future claims for 
                        water rights, including rights to Colorado 
                        River water, arising from time immemorial and, 
                        thereafter, forever, that are based on the 
                        aboriginal occupancy of land by the Hualapai 
                        Tribe, the predecessors of the Hualapai Tribe, 
                        the members of the Hualapai Tribe, or 
                        predecessors of the members of the Hualapai 
                        Tribe;
                            (iii) past and present claims relating in 
                        any manner to damages, losses, or injury to 
                        water rights (including injury to rights to 
                        Colorado River water), land, or other resources 
                        due to loss of water or water rights (including 
                        damages, losses, or injuries to hunting, 
                        fishing, gathering, or cultural rights due to 
                        loss of water or water rights, claims relating 
                        to interference with, diversion, or taking of 
                        water, or claims relating to the failure to 
                        protect, acquire, or develop water, water 
                        rights, or water infrastructure) within the 
                        State that first accrued at any time prior to 
                        the Enforceability Date;
                            (iv) past and present claims for injury to 
                        water rights, including injury to rights to 
                        Colorado River water, for Hualapai land, 
                        arising from time immemorial through the 
                        Enforceability Date;
                            (v) past, present, and future claims for 
                        injury to water rights, including injury to 
                        rights to Colorado River water, arising from 
                        time immemorial and, thereafter, forever, that 
                        are based on the aboriginal occupancy of land 
                        by the Hualapai Tribe, the predecessors of the 
                        Hualapai Tribe, the members of the Hualapai 
                        Tribe, or predecessors of the members of the 
                        Hualapai Tribe;
                            (vi) claims for injury to water rights, 
                        including injury to rights to Colorado River 
                        water, arising after the Enforceability Date 
                        for Hualapai land, resulting from the off-
                        reservation diversion or use of surface water, 
                        Colorado River water, or effluent in a manner 
                        not in violation of the Hualapai Tribe water 
                        rights settlement agreement or State law;
                            (vii) past, present, and future claims 
                        arising out of, or relating in any manner to, 
                        the negotiation, execution, or adoption of the 
                        Hualapai Tribe water rights settlement 
                        agreement, any judgment or decree approving or 
                        incorporating the Hualapai Tribe water rights 
                        settlement agreement, or this Act;
                            (viii) claims for injury to water rights 
                        arising after the Enforceability Date for 
                        Hualapai land resulting from the off-
                        Reservation diversion or use of groundwater 
                        from--
                                    (I) any well constructed on public 
                                domain land outside of the Truxton 
                                Basin on or before the date of 
                                enactment of this Act;
                                    (II) any well constructed on public 
                                domain land outside of the Truxton 
                                Basin, and not more than 2 miles from 
                                the exterior boundaries of the Hualapai 
                                Reservation, after the date of 
                                enactment of this Act if--
                                            (aa) the well was 
                                        constructed to replace a well 
                                        in existence on the date of 
                                        enactment of this Act;
                                            (bb) the replacement well 
                                        was constructed within 660 feet 
                                        of the well being replaced; and
                                            (cc) the pumping capacity 
                                        and case diameter of the 
                                        replacement well do not exceed 
                                        the pumping capacity and case 
                                        diameter of the well being 
                                        replaced; or
                                    (III) any well constructed on 
                                public domain land outside of the 
                                Truxton Basin, and not less than 2 
                                miles from the exterior boundaries of 
                                the Hualapai Reservation, after the 
                                date of enactment of this Act, subject 
                                to the condition that the 
                                authorizations and restrictions 
                                regarding the location, size, and 
                                operation of wells in the Bill Williams 
                                River watershed set forth in the Bill 
                                Williams agreements and the Bill 
                                Williams Act, and the waivers of claims 
                                in the Bill Williams agreements and the 
                                Bill Williams Act, shall continue to 
                                apply to the parties to the Bill 
                                Williams agreements, notwithstanding 
                                the provisions of this subsection; and
                            (ix) claims for injury to water rights 
                        arising after the Enforceability Date for 
                        Hualapai land resulting from the off-
                        reservation diversion or use of groundwater in 
                        the Truxton Basin from--
                                    (I) any well constructed on public 
                                domain land within the Truxton Basin 
                                for domestic purposes or stock 
                                watering--
                                            (aa) on or before the date 
                                        on which the Secretary provides 
                                        written notice to the State 
                                        pursuant to section 15(c)(2); 
                                        or
                                            (bb) after the date on 
                                        which the Secretary provides 
                                        written notice to the State 
                                        pursuant to that section if--

                                                    (AA) the well was 
                                                constructed to replace 
                                                a well in existence on 
                                                the date on which the 
                                                notice was provided;

                                                    (BB) the 
                                                replacement well was 
                                                constructed within 660 
                                                feet of the well being 
                                                replaced; and

                                                    (CC) the pumping 
                                                capacity and case 
                                                diameter of the 
                                                replacement well do not 
                                                exceed the pumping 
                                                capacity and case 
                                                diameter of the well 
                                                being replaced; and

                                    (II) any well constructed on public 
                                domain land within the Truxton Basin 
                                for purposes other than domestic 
                                purposes or stock watering--
                                            (aa) on or before the date 
                                        of enactment of this Act;
                                            (bb) after the date of 
                                        enactment of this Act if the 
                                        Secretary has not provided 
                                        written notice to the State 
                                        pursuant to section 15(c)(2); 
                                        or
                                            (cc) after the date of 
                                        enactment of this Act if the 
                                        Secretary has provided written 
                                        notice to the State pursuant to 
                                        section 15(c)(2) and if--

                                                    (AA) the well was 
                                                constructed to replace 
                                                a well in existence on 
                                                the date on which the 
                                                notice was provided;

                                                    (BB) the 
                                                replacement well was 
                                                constructed within 660 
                                                feet of the well being 
                                                replaced; and

                                                    (CC) the pumping 
                                                capacity and case 
                                                diameter of the 
                                                replacement well do not 
                                                exceed the pumping 
                                                capacity and case 
                                                diameter of the well 
                                                being replaced.

                    (B) Effective date.--The waiver and release of 
                claims described in subparagraph (A) shall take effect 
                on the Enforceability Date.
                    (C) Retention of claims.--Notwithstanding the 
                waiver and release of claims described in subparagraph 
                (A), the Hualapai Tribe and the members of the Hualapai 
                Tribe (but not members in the capacity of the members 
                as allottees) shall retain any right--
                            (i) subject to subparagraph 12.7 of the 
                        Hualapai Tribe water rights settlement 
                        agreement, to assert claims for injuries to, 
                        and seek enforcement of, the rights of the 
                        Hualapai Tribe under the Hualapai Tribe water 
                        rights settlement agreement or this Act in any 
                        Federal or State court of competent 
                        jurisdiction;
                            (ii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Hualapai 
                        Tribe under any judgment or decree approving or 
                        incorporating the Hualapai Tribe water rights 
                        settlement agreement;
                            (iii) to assert claims for water rights 
                        based on State law for land owned or acquired 
                        by the Hualapai Tribe in fee under subparagraph 
                        4.8 of the Hualapai Tribe water rights 
                        settlement agreement;
                            (iv) to object to any claims for water 
                        rights or injury to water rights by or for any 
                        Indian Tribe or the United States, acting on 
                        behalf of any Indian Tribe;
                            (v) to assert past, present, or future 
                        claims for injury to water rights against any 
                        Indian Tribe or the United States, acting on 
                        behalf of any Indian Tribe;
                            (vi) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Hualapai 
                        Tribe under the Bill Williams agreements or the 
                        Bill Williams Act in any Federal or State court 
                        of competent jurisdiction;
                            (vii) subject to paragraphs (1), (3), (4), 
                        and (5) of section 5(e), to assert the rights 
                        of the Hualapai Tribe under any Colorado River 
                        water entitlement purchased by or donated to 
                        the Hualapai Tribe; and
                            (viii) to assert any claims for injury to 
                        water rights arising after the Enforceability 
                        Date for Hualapai land resulting from any off-
                        reservation diversion or use of groundwater, 
                        without regard to quantity, from--
                                    (I) any well constructed after the 
                                date of enactment of this Act on public 
                                domain land outside of the Truxton 
                                Basin and not more than 2 miles from 
                                the exterior boundaries of the Hualapai 
                                Reservation, except for a replacement 
                                well described in subparagraph 
                                (A)(viii)(II), subject to the 
                                authorizations and restrictions 
                                regarding the location, size, and 
                                operation of wells in the Bill Williams 
                                River watershed, and the waivers of 
                                claims, set forth in the Bill Williams 
                                agreements and the Bill Williams Act;
                                    (II) any well constructed on public 
                                domain land within the Truxton Basin 
                                for domestic purposes or stock watering 
                                after the date on which the Secretary 
                                has provided written notice to the 
                                State pursuant to section 15(c)(2), 
                                except for a replacement well described 
                                in subparagraph (A)(ix)(I)(bb); and
                                    (III) any well constructed on 
                                public domain land within the Truxton 
                                Basin for purposes other than domestic 
                                purposes or stock watering after the 
                                date of enactment of this Act, if the 
                                Secretary has provided notice to the 
                                State pursuant to section 15(c)(2), 
                                except for a replacement well as 
                                described in subparagraph 
                                (A)(ix)(II)(cc).
    (b) Waivers and Releases of Claims by United States, Acting as 
Trustee for Allottees.--
            (1) In general.--Except as provided in paragraph (3), the 
        United States, acting as trustee for the allottees of the 
        Hualapai Tribe, as part of the performance of the obligations 
        of the United States under the Hualapai Tribe water rights 
        settlement agreement and this Act, is authorized to execute a 
        waiver and release of any claims against the State (or any 
        agency or political subdivision of the State), the Hualapai 
        Tribe, and any other individual, entity, corporation, or 
        municipal corporation under Federal, State, or other law, for 
        all--
                    (A) past, present, and future claims for water 
                rights, including rights to Colorado River water, for 
                the allotments, arising from time immemorial and, 
                thereafter, forever;
                    (B) past, present, and future claims for water 
                rights, including rights to Colorado River water, 
                arising from time immemorial and, thereafter, forever, 
                that are based on the aboriginal occupancy of land by 
                the allottees or predecessors of the allottees;
                    (C) past and present claims for injury to water 
                rights, including injury to rights to Colorado River 
                water, for the allotments, arising from time immemorial 
                through the Enforceability Date;
                    (D) past, present, and future claims for injury to 
                water rights, if any, including injury to rights to 
                Colorado River water, arising from time immemorial and, 
                thereafter, forever, that are based on the aboriginal 
                occupancy of land by the allottees or predecessors of 
                the allottees;
                    (E) claims for injury to water rights, including 
                injury to rights to Colorado River water, arising after 
                the Enforceability Date, for the allotments, resulting 
                from the off-reservation diversion or use of water in a 
                manner not in violation of the Hualapai Tribe water 
                rights settlement agreement or State law;
                    (F) past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of the Hualapai Tribe water 
                rights settlement agreement, any judgment or decree 
                approving or incorporating the Hualapai Tribe water 
                rights settlement agreement, or this Act; and
                    (G) claims for any water rights of the allottees or 
                the United States acting as trustee for the allottees 
                with respect to--
                            (i) Parcel 1, in excess of 82 AFY; or
                            (ii) Parcel 2, in excess of 312 AFY.
            (2) Effective date.--The waiver and release of claims under 
        paragraph (1) shall take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1), the United 
        States, acting as trustee for the allottees of the Hualapai 
        Tribe, shall retain any right--
                    (A) subject to subparagraph 12.7 of the Hualapai 
                Tribe water rights settlement agreement, to assert 
                claims for injuries to, and seek enforcement of, the 
                rights of the allottees, if any, under the Hualapai 
                Tribe water rights settlement agreement or this Act in 
                any Federal or State court of competent jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the allottees under any 
                judgment or decree approving or incorporating the 
                Hualapai Tribe water rights settlement agreement;
                    (C) to object to any claims for water rights or 
                injury to water rights by or for--
                            (i) any Indian Tribe other than the 
                        Hualapai Tribe; or
                            (ii) the United States, acting on behalf of 
                        any Indian Tribe other than the Hualapai Tribe;
                    (D) to assert past, present, or future claims for 
                injury to water rights against--
                            (i) any Indian Tribe other than the 
                        Hualapai Tribe; or
                            (ii) the United States, acting on behalf of 
                        any Indian Tribe other than the Hualapai Tribe; 
                        and
                    (E) to assert claims for injuries to, and seek 
                enforcement of, the rights of the allottees under the 
                Bill Williams agreements or the Bill Williams Act in 
                any Federal or State court of competent jurisdiction.
    (c) Waiver and Release of Claims by United States Against Hualapai 
Tribe.--
            (1) In general.--Except as provided in paragraph (3), the 
        United States, in all capacities (except as trustee for an 
        Indian Tribe other than the Hualapai Tribe), as part of the 
        performance of the obligations of the United States under the 
        Hualapai Tribe water rights settlement agreement and this Act, 
        is authorized to execute a waiver and release of all claims 
        against the Hualapai Tribe, the members of the Hualapai Tribe, 
        or any agency, official, or employee of the Hualapai Tribe, 
        under Federal, State or any other law for all--
                    (A) past and present claims for injury to water 
                rights, including injury to rights to Colorado River 
                water, resulting from the diversion or use of water on 
                Hualapai land arising from time immemorial through the 
                Enforceability Date;
                    (B) claims for injury to water rights, including 
                injury to rights to Colorado River water, arising after 
                the Enforceability Date, resulting from the diversion 
                or use of water on Hualapai land in a manner that is 
                not in violation of the Hualapai Tribe water rights 
                settlement agreement or State law; and
                    (C) past, present, and future claims arising out 
                of, or related in any manner to, the negotiation, 
                execution, or adoption of the Hualapai Tribe water 
                rights settlement agreement, any judgment or decree 
                approving or incorporating the Hualapai Tribe water 
                rights settlement agreement, or this Act.
            (2) Effective date.--The waiver and release of claims under 
        paragraph (1) shall take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1), the United States 
        shall retain any right to assert any claim not expressly waived 
        in accordance with that paragraph, including any right to 
        assert a claim for injury to, and seek enforcement of, any 
        right of the United States under the Bill Williams agreements 
        or the Bill Williams Act, in any Federal or State court of 
        competent jurisdiction.
    (d) Bill Williams River Phase 2 Water Rights Settlement Agreement 
Waiver, Release, and Retention of Claims.--
            (1) Claims against freeport.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the United States, acting solely on behalf of the 
                Department of the Interior (including the Bureau of 
                Land Management and the United States Fish and Wildlife 
                Service), as part of the performance of the obligations 
                of the United States under the Bill Williams River 
                phase 2 water rights settlement agreement, is 
                authorized to execute a waiver and release of all 
                claims of the United States against Freeport under 
                Federal, State, or any other law for--
                            (i) any past or present claim for injury to 
                        water rights resulting from--
                                    (I) the diversion or use of water 
                                by Freeport pursuant to the water 
                                rights described in Exhibit 4.1(ii) to 
                                the Bill Williams River phase 2 water 
                                rights settlement agreement; and
                                    (II) any other diversion or use of 
                                water for mining purposes authorized by 
                                the Bill Williams River phase 2 water 
                                rights settlement agreement;
                            (ii) any claim for injury to water rights 
                        arising after the Bill Williams River Phase 2 
                        Enforceability Date resulting from--
                                    (I) the diversion or use of water 
                                by Freeport pursuant to the water 
                                rights described in Exhibit 4.1(ii) to 
                                the Bill Williams River phase 2 water 
                                rights settlement agreement in a manner 
                                not in violation of the Bill Williams 
                                River phase 2 water rights settlement 
                                agreement;
                                    (II) the diversion of up to 2,500 
                                AFY of water by Freeport from Sycamore 
                                Creek as permitted by section 4.3(iv) 
                                of the Bill Williams River phase 2 
                                water rights settlement agreement; and
                                    (III) any other diversion or use of 
                                water by Freeport authorized by the 
                                Bill Williams River phase 2 water 
                                rights settlement agreement, subject to 
                                the condition that such a diversion and 
                                use of water is conducted in a manner 
                                not in violation of the Bill Williams 
                                River phase 2 water rights settlement 
                                agreement; and
                            (iii) any past, present, or future claim 
                        arising out of, or relating in any manner to, 
                        the negotiation or execution of the Bill 
                        Williams River phase 2 water rights settlement 
                        agreement, the Hualapai Tribe water rights 
                        settlement agreement, or this Act.
                    (B) Effective date.--The waiver and release of 
                claims under subparagraph (A) shall take effect on the 
                Bill Williams River Phase 2 Enforceability Date.
                    (C) Retention of claims.--The United States shall 
                retain all rights not expressly waived in the waiver 
                and release of claims under subparagraph (A), 
                including, subject to section 6.4 of the Bill Williams 
                River phase 2 water rights settlement agreement, the 
                right to assert a claim for injury to, and seek 
                enforcement of, the Bill Williams River phase 2 water 
                rights settlement agreement or this Act, in any Federal 
                or State court of competent jurisdiction (but not a 
                Tribal court).
            (2) No precedential effect.--
                    (A) Pending and future proceedings.--The Bill 
                Williams River phase 2 water rights settlement 
                agreement shall have no precedential effect in any 
                other administrative or judicial proceeding, 
                including--
                            (i) any pending or future general stream 
                        adjudication, or any other litigation involving 
                        Freeport or the United States, including any 
                        proceeding to establish or quantify a Federal 
                        reserved water right;
                            (ii) any pending or future administrative 
                        or judicial proceeding relating to an 
                        application--
                                    (I) to appropriate water (for 
                                instream flow or other purposes);
                                    (II) to sever and transfer a water 
                                right;
                                    (III) to change a point of 
                                diversion; or
                                    (IV) to change a place of use for 
                                any water right; and
                            (iii) any proceeding regarding water rights 
                        or a claim relating to any Federal land.
                    (B) No methodology or standard.--Nothing in the 
                Bill Williams River phase 2 water rights settlement 
                agreement establishes any standard or methodology to be 
                used for the quantification of any claim to water 
                rights (whether based on Federal or State law) in any 
                judicial or administrative proceeding, other than a 
                proceeding to enforce the terms of the Bill Williams 
                River phase 2 water rights settlement agreement.

SEC. 10. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.

    (a) Hualapai Tribe and Members.--
            (1) In general.--The benefits realized by the Hualapai 
        Tribe and the members of the Hualapai Tribe (but not members in 
        the capacity of the members as allottees) under the Hualapai 
        Tribe water rights settlement agreement, this Act, the Bill 
        Williams agreements, and the Bill Williams Act shall be in full 
        satisfaction of all claims of the Hualapai Tribe, the members 
        of the Hualapai Tribe, and the United States, acting in the 
        capacity of the United States as trustee for the Hualapai Tribe 
        and the members of the Hualapai Tribe, for water rights and 
        injury to water rights under Federal, State, or other law with 
        respect to Hualapai land.
            (2) Satisfaction.--Any entitlement to water of the Hualapai 
        Tribe and the members of the Hualapai Tribe (but not members in 
        the capacity of the members as allottees) or the United States, 
        acting in the capacity of the United States as trustee for the 
        Hualapai Tribe and the members of the Hualapai Tribe (but not 
        members in the capacity of the members as allottees), for 
        Hualapai land shall be satisfied out of the water resources and 
        other benefits granted, confirmed, quantified, or recognized by 
        the Hualapai Tribe water rights settlement agreement, this Act, 
        the Bill Williams agreements, and the Bill Williams Act to or 
        for the Hualapai Tribe, the members of the Hualapai Tribe (but 
        not members in the capacity of the members as allottees), and 
        the United States, acting in the capacity of the United States 
        as trustee for the Hualapai Tribe and the members of the 
        Hualapai Tribe (but not members in the capacity of the members 
        as allottees).
    (b) Allottee Water Claims.--
            (1) In general.--The benefits realized by the allottees of 
        the Hualapai Tribe under the Hualapai Tribe water rights 
        settlement agreement, this Act, the Bill Williams agreements, 
        and the Bill Williams Act shall be in complete replacement of 
        and substitution for, and full satisfaction of, all claims with 
        respect to allotments of the allottees and the United States, 
        acting in the capacity of the United States as trustee for the 
        allottees, for water rights and injury to water rights under 
        Federal, State, or other law.
            (2) Satisfaction.--Any entitlement to water of the 
        allottees or the United States, acting in the capacity of the 
        United States as trustee for the allottees, for allotments 
        shall be satisfied out of the water resources and other 
        benefits granted, confirmed, or recognized by the Hualapai 
        Tribe water rights settlement agreement, this Act, the Bill 
        Williams agreements, and the Bill Williams Act to or for the 
        allottees and the United States, acting as trustee for the 
        allottees.
    (c) Effect.--Notwithstanding subsections (a) and (b), nothing in 
this Act or the Hualapai Tribe water rights settlement agreement--
            (1) recognizes or establishes any right of a member of the 
        Hualapai Tribe or an allottee to water on Hualapai land; or
            (2) prohibits the Hualapai Tribe or an allottee from 
        acquiring additional water rights by purchase of land, credits, 
        or water rights.

SEC. 11. LAND ADDED TO HUALAPAI RESERVATION.

    The following land in the State is added to the Hualapai 
Reservation:
            (1) Public law 93-560.--The land held in trust by the 
        United States for the Hualapai Tribe pursuant to the first 
        section of Public Law 93-560 (88 Stat. 1820).
            (2) 1947 judgment.--The land deeded to the United States in 
        the capacity of the United States as trustee for the Hualapai 
        Tribe pursuant to the 1947 judgment.
            (3) Truxton triangle.--That portion of the S\1/2\ sec. 3, 
        lying south of the south boundary of the Hualapai Reservation 
        and north of the north right-of-way boundary of Arizona Highway 
        66, and bounded by the west section line of that sec. 3 and the 
        south section line of that sec. 3, T. 24 N., R. 12 W., Gila and 
        Salt River Base and Meridian, Mohave County, Arizona.
            (4) Hunt parcel 4.--SW\1/4\NE\1/4\ sec. 7, T. 25 N., R. 13 
        W., Gila and Salt River Base and Meridian, Mohave County, 
        Arizona.
            (5) Hunt parcels 1 and 2.--In T. 26 N., R. 14 W., Gila and 
        Salt River Base and Meridian, Mohave County, Arizona--
                    (A) NE\1/4\SW\1/4\ sec. 9; and
                    (B) NW\1/4\SE\1/4\ sec. 27.
            (6) Hunt parcel 3.--SW\1/4\NE\1/4\ sec. 25, T. 27 N., R. 15 
        W., Gila and Salt River Base and Meridian, Mohave County, 
        Arizona.
            (7) Hunt parcel 5.--In sec. 1, T. 25 N., R. 14 W., Gila and 
        Salt River Base and Meridian, Mohave County, Arizona--
                    (A) SE\1/4\;
                    (B) E\1/2\SW\1/4\; and
                    (C) SW\1/4\SW\1/4\.
            (8) Valentine cemetery parcel.--W\1/2\W\1/4\SW\1/4\ W\1/
        2\NW\1/4\SW\1/4\ sec. 22, T. 23 N., R. 13 W., Gila and Salt 
        River Base and Meridian, Mohave County, Arizona, excepting and 
        reserving to the United States a right-of-way for ditches or 
        canals constructed by the authority of the United States, 
        pursuant to the Act of August 30, 1890 (43 U.S.C. 945).

SEC. 12. TRUST LAND.

    (a) Land To Be Taken Into Trust.--
            (1) In general.--On the date of enactment of this Act, the 
        Secretary is authorized and directed to take legal title to the 
        land described in paragraph (2) and hold such land in trust for 
        the benefit of the Hualapai Tribe.
            (2) Cholla canyon ranch parcels.--The land referred to in 
        paragraph (1) is, in T. 16 N., R. 13 W., Gila and Salt River 
        Base and Meridian, Mohave County, Arizona--
                    (A) SW\1/4\ sec. 25; and
                    (B) NE\1/4\ and NE\1/4\ SE\1/4\ sec. 35.
    (b) Reservation Status.--The land taken into trust under subsection 
(a) shall be part of the Hualapai Reservation and administered in 
accordance with the laws and regulations generally applicable to land 
held in trust by the United States for an Indian Tribe.
    (c) Valid Existing Rights.--The land taken into trust under 
subsection (a) shall be subject to valid existing rights, including 
easements, rights-of-way, contracts, and management agreements.
    (d) Limitations.--Nothing in subsection (a) affects--
            (1) any water right of the Hualapai Tribe in existence 
        under State law before the date of enactment of this Act; or
            (2) any right or claim of the Hualapai Tribe to any land or 
        interest in land in existence before the date of enactment of 
        this Act.
    (e) Future Trust Land.--
            (1) New statutory requirement.--Effective beginning on the 
        date of enactment of this Act, and except as provided in 
        subsection (a), any land located in the State outside the 
        exterior boundaries of the Hualapai Reservation may only be 
        taken into trust by the United States for the benefit of the 
        Hualapai Tribe by an Act of Congress--
                    (A) that specifically authorizes the transfer of 
                the land for the benefit of the Hualapai Tribe; and
                    (B) the date of enactment of which is after the 
                date of enactment of this Act.
            (2) Water rights.--Any land taken into trust for the 
        benefit of the Hualapai Tribe under paragraph (1)--
                    (A) shall include water rights only under State 
                law; and
                    (B) shall not include any federally reserved water 
                rights.

SEC. 13. REALLOCATION OF CAP NIA PRIORITY WATER; FIRMING; WATER 
              DELIVERY CONTRACT; COLORADO RIVER ACCOUNTING.

    (a) Reallocation to the Hualapai Tribe.--On the Enforceability 
Date, the Secretary shall reallocate to the Hualapai Tribe the Hualapai 
Tribe CAP water.
    (b) Firming.--
            (1) Hualapai tribe cap water.--Except as provided in 
        subsection (c)(2)(H), the Hualapai Tribe CAP water shall be 
        firmed as follows:
                    (A) In accordance with section 105(b)(1)(B) of the 
                Central Arizona Project Settlement Act of 2004 (Public 
                Law 108-451; 118 Stat. 3492), for the 100-year period 
                beginning on January 1, 2008, the Secretary shall firm 
                557.50 AFY of the Hualapai Tribe CAP water to the 
                equivalent of CAP M&I priority water.
                    (B) In accordance with section 105(b)(2)(B) of the 
                Central Arizona Project Settlement Act of 2004 (Public 
                Law 108-451; 118 Stat. 3492), for the 100-year period 
                beginning on January 1, 2008, the State shall firm 
                557.50 AFY of the Hualapai Tribe CAP water to the 
                equivalent of CAP M&I priority water.
            (2) Additional firming.--The Hualapai Tribe may, at the 
        expense of the Hualapai Tribe, take additional actions to firm 
        or supplement the Hualapai Tribe CAP water, including by 
        entering into agreements for that purpose with the Central 
        Arizona Water Conservation District, the Arizona Water Banking 
        Authority, or any other lawful authority, in accordance with 
        State law.
    (c) Hualapai Tribe Water Delivery Contract.--
            (1) In general.--In accordance with the Hualapai Tribe 
        water rights settlement agreement and the requirements 
        described in paragraph (2), the Secretary shall enter into the 
        Hualapai Tribe water delivery contract.
            (2) Requirements.--The requirements referred to in 
        paragraph (1) are the following:
                    (A) In general.--The Hualapai Tribe water delivery 
                contract shall--
                            (i) be for permanent service (as that term 
                        is used in section 5 of the Boulder Canyon 
                        Project Act (43 U.S.C. 617d));
                            (ii) take effect on the Enforceability 
                        Date; and
                            (iii) be without limit as to term.
                    (B) Hualapai tribe cap water.--
                            (i) In general.--The Hualapai Tribe CAP 
                        water may be delivered for use in the lower 
                        basin in the State through--
                                    (I) the Hualapai Water Project; or
                                    (II) the CAP system.
                            (ii) Method of delivery.--The Secretary 
                        shall authorize the delivery of Hualapai Tribe 
                        CAP water under this subparagraph to be 
                        effected by the diversion and use of water 
                        directly from the Colorado River in the State.
                    (C) Contractual delivery.--The Secretary shall 
                deliver the Hualapai Tribe CAP water to the Hualapai 
                Tribe in accordance with the terms and conditions of 
                the Hualapai Tribe water delivery contract.
                    (D) Distribution of cap nia priority water.--
                            (i) In general.--Except as provided in 
                        clause (ii), if, for any year, the available 
                        CAP supply is insufficient to meet all demands 
                        under CAP contracts and CAP subcontracts for 
                        the delivery of CAP NIA priority water, the 
                        Secretary and the CAP operating agency shall 
                        prorate the available CAP NIA priority water 
                        among the CAP contractors and CAP 
                        subcontractors holding contractual entitlements 
                        to CAP NIA priority water on the basis of the 
                        quantity of CAP NIA priority water used by each 
                        such CAP contractor and CAP subcontractor in 
                        the last year in which the available CAP supply 
                        was sufficient to fill all orders for CAP NIA 
                        priority water.
                            (ii) Exception.--
                                    (I) In general.--Notwithstanding 
                                clause (i), if the available CAP supply 
                                is insufficient to meet all demands 
                                under CAP contracts and CAP 
                                subcontracts for the delivery of CAP 
                                NIA priority water in the year 
                                following the year in which the 
                                Enforceability Date occurs, the 
                                Secretary shall assume that the 
                                Hualapai Tribe used the full volume of 
                                Hualapai Tribe CAP water in the last 
                                year in which the available CAP supply 
                                was sufficient to fill all orders for 
                                CAP NIA priority water.
                                    (II) Continuation.--The assumption 
                                described in subclause (I) shall 
                                continue until the available CAP supply 
                                is sufficient to meet all demands under 
                                CAP contracts and CAP subcontracts for 
                                the delivery of CAP NIA priority water.
                                    (III) Determination.--The Secretary 
                                shall determine the quantity of CAP NIA 
                                priority water used by the Gila River 
                                Indian Community and the Tohono O'odham 
                                Nation in the last year in which the 
                                available CAP supply was sufficient to 
                                fill all orders for CAP NIA priority 
                                water in a manner consistent with the 
                                settlement agreements with those 
                                Tribes.
                    (E) Leases and exchanges of hualapai tribe cap 
                water.--On and after the date on which the Hualapai 
                Tribe water delivery contract becomes effective, the 
                Hualapai Tribe may, with the approval of the Secretary, 
                enter into contracts or options to lease, or contracts 
                or options to exchange, the Hualapai Tribe CAP water 
                within the lower basin in the State, and not in Navajo, 
                Apache, or Cochise Counties, providing for the 
                temporary delivery to other persons of any portion of 
                Hualapai Tribe CAP water.
                    (F) Term of leases and exchanges.--
                            (i) Leasing.--Contracts or options to lease 
                        under subparagraph (E) shall be for a term of 
                        not more than 100 years.
                            (ii) Exchanging.--Contracts or options to 
                        exchange under subparagraph (E) shall be for 
                        the term provided for in the contract or 
                        option, as applicable.
                            (iii) Renegotiation.--The Hualapai Tribe 
                        may, with the approval of the Secretary, 
                        renegotiate any lease described in subparagraph 
                        (E), at any time during the term of the lease, 
                        if the term of the renegotiated lease does not 
                        exceed 100 years.
                    (G) Prohibition on permanent alienation.--No 
                Hualapai Tribe CAP water may be permanently alienated.
                    (H) No firming of leased water.--The firming 
                obligations described in subsection (b)(1) shall not 
                apply to any Hualapai Tribe CAP water leased by the 
                Hualapai Tribe to another person.
                    (I) Entitlement to lease and exchange funds; 
                obligations of united states.--
                            (i) Entitlement.--
                                    (I) In general.--The Hualapai Tribe 
                                shall be entitled to all consideration 
                                due to the Hualapai Tribe under any 
                                contract to lease, option to lease, 
                                contract to exchange, or option to 
                                exchange the Hualapai Tribe CAP water 
                                entered into by the Hualapai Tribe.
                                    (II) Exclusion.--The United States 
                                shall not, in any capacity, be entitled 
                                to the consideration described in 
                                subclause (I).
                            (ii) Obligations of united states.--The 
                        United States shall not, in any capacity, have 
                        any trust or other obligation to monitor, 
                        administer, or account for, in any manner, any 
                        funds received by the Hualapai Tribe as 
                        consideration under any contract to lease, 
                        option to lease, contract to exchange, or 
                        option to exchange the Hualapai Tribe CAP water 
                        entered into by the Hualapai Tribe, except in a 
                        case in which the Hualapai Tribe deposits the 
                        proceeds of any lease, option to lease, 
                        contract to exchange, or option to exchange 
                        into an account held in trust for the Hualapai 
                        Tribe by the United States.
                    (J) Water use and storage.--
                            (i) In general.--The Hualapai Tribe may use 
                        the Hualapai Tribe CAP water on or off the 
                        Hualapai Reservation within the lower basin in 
                        the State for any purpose.
                            (ii) Storage.--The Hualapai Tribe, in 
                        accordance with State law, may store the 
                        Hualapai Tribe CAP water at 1 or more 
                        underground storage facilities or groundwater 
                        savings facilities, subject to the condition 
                        that, if the Hualapai Tribe stores Hualapai 
                        Tribe CAP water that has been firmed pursuant 
                        to subsection (b)(1), the stored water may only 
                        be--
                                    (I) used by the Hualapai Tribe; or
                                    (II) exchanged by the Hualapai 
                                Tribe for water that will be used by 
                                the Hualapai Tribe.
                            (iii) Assignment.--The Hualapai Tribe, in 
                        accordance with State law, may assign any long-
                        term storage credit accrued as a result of 
                        storage described in clause (ii), subject to 
                        the condition that the Hualapai Tribe shall not 
                        assign any long-term storage credit accrued as 
                        a result of the storage of Hualapai Tribe CAP 
                        water that has been firmed pursuant to 
                        subsection (b)(1).
                    (K) Use outside state.--The Hualapai Tribe may not 
                use, lease, exchange, forbear, or otherwise transfer 
                any Hualapai Tribe CAP water for use directly or 
                indirectly outside of the lower basin in the State.
                    (L) Cap fixed om&r charges.--
                            (i) In general.--The CAP operating agency 
                        shall be paid the CAP fixed OM&R charges 
                        associated with the delivery of all Hualapai 
                        Tribe CAP water.
                            (ii) Payment of charges.--Except as 
                        provided in subparagraph (O), all CAP fixed 
                        OM&R charges associated with the delivery of 
                        the Hualapai Tribe CAP water to the Hualapai 
                        Tribe shall be paid by--
                                    (I) the Secretary, pursuant to 
                                section 403(f)(2)(A) of the Colorado 
                                River Basin Project Act (43 U.S.C. 
                                1543(f)(2)(A)), subject to the 
                                condition that funds for that payment 
                                are available in the Lower Colorado 
                                River Basin Development Fund; and
                                    (II) if the funds described in 
                                subclause (I) become unavailable, the 
                                Hualapai Tribe.
                    (M) Cap pumping energy charges.--
                            (i) In general.--The CAP operating agency 
                        shall be paid the CAP pumping energy charges 
                        associated with the delivery of Hualapai Tribe 
                        CAP water only in cases in which the CAP system 
                        is used for the delivery of that water.
                            (ii) Payment of charges.--Except for CAP 
                        water not delivered through the CAP system, 
                        which does not incur a CAP pumping energy 
                        charge, or water delivered to other persons as 
                        described in subparagraph (O), any applicable 
                        CAP pumping energy charges associated with the 
                        delivery of the Hualapai Tribe CAP water shall 
                        be paid by the Hualapai Tribe.
                    (N) Waiver of property tax equivalency payments.--
                No property tax or in-lieu property tax equivalency 
                shall be due or payable by the Hualapai Tribe for the 
                delivery of CAP water or for the storage of CAP water 
                in an underground storage facility or groundwater 
                savings facility.
                    (O) Lessee responsibility for charges.--
                            (i) In general.--Any lease or option to 
                        lease providing for the temporary delivery to 
                        other persons of any Hualapai Tribe CAP water 
                        shall require the lessee to pay the CAP 
                        operating agency all CAP fixed OM&R charges and 
                        all CAP pumping energy charges associated with 
                        the delivery of the leased water.
                            (ii) No responsibility for payment.--
                        Neither the Hualapai Tribe nor the United 
                        States in any capacity shall be responsible for 
                        the payment of any charges associated with the 
                        delivery of the Hualapai Tribe CAP water leased 
                        to other persons.
                    (P) Advance payment.--No Hualapai Tribe CAP water 
                shall be delivered unless the CAP fixed OM&R charges 
                and any applicable CAP pumping energy charges 
                associated with the delivery of that water have been 
                paid in advance.
                    (Q) Calculation.--The charges for delivery of the 
                Hualapai Tribe CAP water pursuant to the Hualapai Tribe 
                water delivery contract shall be calculated in 
                accordance with the CAP repayment stipulation.
                    (R) Cap repayment.--For purposes of determining the 
                allocation and repayment of costs of any stages of the 
                CAP system constructed after November 21, 2007, the 
                costs associated with the delivery of the Hualapai 
                Tribe CAP water, regardless of whether the Hualapai 
                Tribe CAP water is delivered for use by the Hualapai 
                Tribe or in accordance with any lease, option to lease, 
                exchange, or option to exchange providing for the 
                delivery to other persons of the Hualapai Tribe CAP 
                water, shall be--
                            (i) nonreimbursable; and
                            (ii) excluded from the repayment obligation 
                        of the Central Arizona Water Conservation 
                        District.
                    (S) Nonreimbursable cap construction costs.--
                            (i) In general.--With respect to the costs 
                        associated with the construction of the CAP 
                        system allocable to the Hualapai Tribe--
                                    (I) the costs shall be 
                                nonreimbursable; and
                                    (II) the Hualapai Tribe shall have 
                                no repayment obligation for the costs.
                            (ii) Capital charges.--No CAP water service 
                        capital charges shall be due or payable for the 
                        Hualapai Tribe CAP water, regardless of whether 
                        the Hualapai Tribe CAP water is delivered--
                                    (I) for use by the Hualapai Tribe; 
                                or
                                    (II) under any lease, option to 
                                lease, exchange, or option to exchange 
                                entered into by the Hualapai Tribe.
    (d) Colorado River Accounting.--All Hualapai Tribe CAP water 
diverted directly from the Colorado River shall be accounted for as 
deliveries of CAP water within the State.

SEC. 14. ENFORCEABILITY DATE.

    (a) In General.--Except as provided in subsection (d), the Hualapai 
Tribe water rights settlement agreement, including the waivers and 
releases of claims described in section 9, shall take effect and be 
fully enforceable on the date on which the Secretary publishes in the 
Federal Register a statement of findings that--
            (1) to the extent the Hualapai Tribe water rights 
        settlement agreement conflicts with this Act--
                    (A) the Hualapai Tribe water rights settlement 
                agreement has been revised through an amendment to 
                eliminate the conflict; and
                    (B) the revised Hualapai Tribe water rights 
                settlement agreement, including any exhibits requiring 
                execution by any party to the Hualapai Tribe water 
                rights settlement agreement, has been executed by the 
                required party;
            (2) the waivers and releases of claims described in section 
        9 have been executed by the Hualapai Tribe and the United 
        States;
            (3) the abstracts referred to in subparagraphs 4.8.1.2, 
        4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights 
        settlement agreement have been completed by the Hualapai Tribe;
            (4) the full amount described in section 7(a)(1), as 
        adjusted by section 7(b), has been deposited in the Hualapai 
        Water Trust Fund Account;
            (5) the Gila River adjudication decree has been approved by 
        the Gila River adjudication court substantially in the form of 
        the judgment and decree attached to the Hualapai Tribe water 
        rights settlement agreement as Exhibit 3.1.43, as amended to 
        ensure consistency with this Act; and
            (6) the Secretary has executed the Hualapai Tribe water 
        delivery contract described in section 13(c).; and
        <DELETED>    (7) the Secretary has issued the record of 
        decision required by section 8(d).</DELETED>
    (b) Repeal on Failure To Meet Enforceability Date.--
            (1) In general.--Except as provided in paragraph (2), if 
        the Secretary fails to publish in the Federal Register a 
        statement of findings under subsection (a) by April 15, 2029, 
        or such alternative later date as may be agreed to by the 
        Hualapai Tribe, the Secretary, and the State--
                    (A) this Act is repealed;
                    (B) any action taken by the Secretary and any 
                contract or agreement entered into pursuant to this Act 
                shall be void; and
                    (C) any amounts appropriated under section 7, 
                together with any investment earnings on those amounts, 
                less any amounts expended under section 6(a)(4)(B), 
                shall revert immediately to the general fund of the 
                Treasury.
            (2) Severability.--Notwithstanding paragraph (1), if the 
        Secretary fails to publish in the Federal Register a statement 
        of findings under subsection (a) by April 15, 2029, or such 
        alternative later date as may be agreed to by the Hualapai 
        Tribe, the Secretary, and the State, section 11 and subsections 
        (a), (b), (c), and (d) of section 12 shall remain in effect.
    (c) Right To Offset.--If the Secretary has not published in the 
Federal Register the statement of findings under subsection (a) by 
April 15, 2029, or such alternative later date as may be agreed to by 
the Hualapai Tribe, the Secretary, and the State, the United States 
shall be entitled to offset any Federal amounts made available under 
section 6(a)(4)(B) that were used or authorized for any use under that 
section against any claim asserted by the Hualapai Tribe against the 
United States described in section 9(a)(2)(A).
    (d) Bill Williams River Phase 2 Enforceability Date.--
Notwithstanding any other provision of this Act, the Bill Williams 
River phase 2 water rights settlement agreement (including the waivers 
and releases described in section 9(d) of this Act and section 5 of the 
Bill Williams River phase 2 water rights settlement agreement) shall 
take effect and become enforceable among the parties to the Bill 
Williams River phase 2 water rights settlement agreement on the date on 
which all of the following conditions have occurred:
            (1) The Hualapai Tribe water rights settlement agreement 
        becomes enforceable pursuant to subsection (a).
            (2) Freeport has submitted to the Arizona Department of 
        Water Resources a conditional withdrawal of any objection to 
        the Bill Williams River watershed instream flow applications 
        pursuant to section 4.4(i) of the Bill Williams River phase 2 
        water rights settlement agreement, which withdrawal shall take 
        effect on the Bill Williams River Phase 2 Enforceability Date 
        described in this subsection.
            (3) Not later than the Enforceability Date, the Arizona 
        Department of Water Resources has issued an appealable, 
        conditional decision and order for the Bill Williams River 
        watershed instream flow applications pursuant to section 
        4.4(iii) of the Bill Williams River phase 2 water rights 
        settlement agreement, which order shall become nonconditional 
        and effective on the Bill Williams River Phase 2 Enforceability 
        Date described in this subsection.
            (4) The conditional decision and order described in 
        paragraph (3)--
                    (A) becomes final; and
                    (B) is not subject to any further appeal.

SEC. 15. ADMINISTRATION.

    (a) Limited Waiver of Sovereign Immunity.--
            (1) Waiver.--
                    (A) In general.--In any circumstance described in 
                paragraph (2)--
                            (i) the United States or the Hualapai Tribe 
                        may be joined in the action described in the 
                        applicable subparagraph of that paragraph; and
                            (ii) subject to subparagraph (B), any claim 
                        by the United States or the Hualapai Tribe to 
                        sovereign immunity from the action is waived.
                    (B) Limitation.--A waiver under subparagraph 
                (A)(ii)--
                            (i) shall only be for the limited and sole 
                        purpose of the interpretation or enforcement 
                        of--
                                    (I) this Act;
                                    (II) the Hualapai Tribe water 
                                rights settlement agreement, as 
                                ratified by this Act; or
                                    (III) the Bill Williams River phase 
                                2 water right settlement agreement, as 
                                ratified by this Act; and
                            (ii) shall not include any award against 
                        the United States or the Hualapai Tribe for 
                        money damages, court costs, or attorney fees.
            (2) Circumstances described.--A circumstance referred to in 
        paragraph (1)(A) is any of the following:
                    (A) Any party to the Hualapai Tribe water rights 
                settlement agreement--
                            (i) brings an action in any court of 
                        competent jurisdiction relating only and 
                        directly to the interpretation or enforcement 
                        of--
                                    (I) this Act; or
                                    (II) the Hualapai Tribe water 
                                rights settlement agreement; and
                            (ii) names the United States or the 
                        Hualapai Tribe as a party in that action.
                    (B) Any landowner or water user in the Verde River 
                Watershed--
                            (i) brings an action in any court of 
                        competent jurisdiction relating only and 
                        directly to the interpretation or enforcement 
                        of--
                                    (I) paragraph 10.0 of the Hualapai 
                                Tribe water rights settlement 
                                agreement;
                                    (II) Exhibit 3.1.43 to the Hualapai 
                                Tribe water rights settlement 
                                agreement; or
                                    (III) section 9; and
                            (ii) names the United States or the 
                        Hualapai Tribe as a party in that action.
                    (C) Any party to the Bill Williams River phase 2 
                settlement agreement--
                            (i) brings an action in any court of 
                        competent jurisdiction relating only and 
                        directly to the interpretation or enforcement 
                        of--
                                    (I) this Act; or
                                    (II) the Bill Williams River phase 
                                2 settlement agreement; and
                            (ii) names the United States or the 
                        Hualapai Tribe as a party in that action.
    (b) Effect on Current Law.--Nothing in this section alters the law 
with respect to pre-enforcement review of Federal environmental or 
safety-related enforcement actions.
    (c) Basin Groundwater Withdrawal Estimates.--
            (1) Groundwater withdrawal estimates.--
                    (A) In general.--Not later than 1 year of the date 
                of enactment of this Act, the Secretary, acting through 
                the United States Geological Survey Water Use Program, 
                shall issue an estimate for groundwater withdrawals in 
                the Truxton Basin outside the boundaries of the 
                Hualapai Reservation.
                    (B) Annual estimates.--Each year after publication 
                of the initial estimate required by subparagraph (A), 
                the Secretary, acting through the United States 
                Geological Survey Water Use Program, shall issue an 
                estimate for groundwater withdrawals in the Truxton 
                Basin outside the boundaries of the Hualapai 
                Reservation until such time as the Secretary, after 
                consultation with the Hualapai Tribe, determines that 
                annual estimates are not warranted.
            (2) Notice to the state.--Based on the estimates under 
        paragraph (1), the Secretary shall notify the State, in 
        writing, if the total withdrawal of groundwater from the 
        Truxton Basin outside the boundaries of the Hualapai 
        Reservation exceeds the estimate prepared pursuant to that 
        paragraph by 3,000 or more AFY, exclusive of any diversion or 
        use of groundwater on Hualapai fee land and any land acquired 
        by the Hualapai Tribe, including by a tribally owned 
        corporation, in fee after the Enforceability Date.
    (d) Antideficiency.--Notwithstanding any authorization of 
appropriations to carry out this Act, the United States shall not be 
liable for any failure of the United States to carry out any obligation 
or activity authorized by this Act (including all agreements or 
exhibits ratified or confirmed by this Act) if--
            (1) adequate appropriations are not provided expressly by 
        Congress to carry out the purposes of this Act; or
            (2) there are not enough monies available to carry out this 
        Act in the Lower Colorado River Basin Development Fund.
    (e) Application of Reclamation Reform Act of 1982.--The Reclamation 
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage 
limitation or full-cost pricing provision of Federal law shall not 
apply to any person, entity, or tract of land solely on the basis of--
            (1) receipt of any benefit under this Act;
            (2) execution or performance of this Act; or
            (3) the use, storage, delivery, lease, or exchange of CAP 
        water.
    (f) Effect.--
            (1) No modification or preemption of other law.--Unless 
        expressly provided in this Act, nothing in this Act modifies, 
        conflicts with, preempts, or otherwise affects--
                    (A) the Boulder Canyon Project Act (43 U.S.C. 617 
                et seq.);
                    (B) the Boulder Canyon Project Adjustment Act (43 
                U.S.C. 618 et seq.);
                    (C) the Act of April 11, 1956 (commonly known as 
                the ``Colorado River Storage Project Act'') (43 U.S.C. 
                620 et seq.);
                    (D) the Colorado River Basin Project Act (Public 
                Law 90-537; 82 Stat. 885);
                    (E) the Treaty between the United States of America 
                and Mexico respecting utilization of waters of the 
                Colorado and Tijuana Rivers and of the Rio Grande, 
                signed at Washington February 3, 1944 (59 Stat. 1219);
                    (F) the Colorado River Compact;
                    (G) the Upper Colorado River Basin Compact;
                    (H) the Omnibus Public Land Management Act of 2009 
                (Public Law 111-11; 123 Stat. 991); or
                    (I) case law concerning water rights in the 
                Colorado River system other than any case to enforce 
                the Hualapai Tribe water rights settlement agreement or 
                this Act.
            (2) Effect on agreements.--Nothing in this Act or the 
        Hualapai Tribe water rights settlement agreement limits the 
        right of the Hualapai Tribe to enter into any agreement for the 
        storage or banking of water in accordance with State law with--
                    (A) the Arizona Water Banking Authority (or a 
                successor agency or entity); or
                    (B) any other lawful authority.
            (3) Effect of act.--Nothing in this Act--
                    (A) quantifies or otherwise affects the water 
                rights, claims, or entitlements to water of any Indian 
                Tribe other than the Hualapai Tribe;
                    (B) affects the ability of the United States to 
                take action on behalf of any Indian Tribe other than 
                the Hualapai Tribe, the members of the Hualapai Tribe, 
                and the allottees; or
                    (C) limits the right of the Hualapai Tribe to use 
                any water of the Hualapai Tribe in any location on the 
                Hualapai Reservation.
                                                       Calendar No. 684

117th CONGRESS

  2d Session

                                S. 4104

_______________________________________________________________________

                                 A BILL

To approve the settlement of water rights claims of the Hualapai Tribe 
      and certain allottees in the State of Arizona, to authorize 
construction of a water project relating to those water rights claims, 
                        and for other purposes.

_______________________________________________________________________

                           December 19, 2022

                        Reported with amendments