[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4633 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4633

To provide for the settlement of the water rights claims of the Navajo 
Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 8, 2024

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

_______________________________________________________________________

                                 A BILL


 
To provide for the settlement of the water rights claims of the Navajo 
Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Northeastern 
Arizona Indian Water Rights Settlement Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

SEC. 2. PURPOSES.

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

SEC. 3. DEFINITIONS.

    In this Act:
            (1) 1882 reservation.--The term ``1882 Reservation'' 
        means--
                    (A) land within the exterior boundaries of the 
                ``Hopi Indian Reservation'' defined as District 6 in 
                Healing v. Jones, 210 F. Supp. 125, 173 (D. Ariz. 
                1962), aff'd, 373 U.S. 758 (1963), and Masayesva for 
                and on Behalf of Hopi Indian Tribe v. Hale, 118 F.3d 
                1371, 1375-76 (9th Cir. 1997); and
                    (B) all land withdrawn by the Executive order of 
                December 16, 1882, and partitioned to the Hopi Tribe in 
                accordance with section 4 of the Act of December 22, 
                1974 (Public Law 93-531; 88 Stat. 1713), by Judgment of 
                Partition, February 10, 1977, Sekaquaptewa v. 
                MacDonald, Case No. CIV-579-PCT-JAW (D. Ariz.), aff'd, 
                626 F.2d 113 (9th Cir. 1980).
            (2) AFY.--The term ``AFY'' means acre-feet per year.
            (3) Arizona department of water resources.--The term 
        ``Arizona Department of Water Resources'' means the agency of 
        the State established pursuant to section 45-102 of the Arizona 
        Revised Statutes, or a successor agency or entity.
            (4) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (5) CAP; central arizona project.--The terms ``CAP'' and 
        ``Central Arizona Project'' mean the Federal reclamation 
        project authorized and constructed by the United States in 
        accordance with title III of the Colorado River Basin Project 
        Act (43 U.S.C. 1521 et seq.).
            (6) Cap repayment contract.--The term ``CAP Repayment 
        Contract'' means--
                    (A) the contract dated December 1, 1988 (Contract 
                No. 14-06-W-245, Amendment No. 1), between the United 
                States and the Central Arizona Water Conservation 
                District for the delivery of water and the repayment of 
                costs of the Central Arizona Project; and
                    (B) any amendment to, or revision of, that 
                contract.
            (7) CAWCD; central arizona water conservation district.--
        The terms ``CAWCD'' and ``Central Arizona Water Conservation 
        District'' mean the political subdivision of the State that is 
        the contractor under the CAP Repayment Contract.
            (8) Cibola water.--The term ``Cibola Water'' means the 
        entitlement of the Hopi Tribe to the diversion of up to 4,278 
        AFY of the Fourth Priority Water described in the Hopi Tribe 
        Existing Cibola Contract.
            (9) Colorado river compact.--The term ``Colorado River 
        Compact'' means the Colorado River Compact of 1922, as ratified 
        and reprinted in article 2 of chapter 7 of title 45, Arizona 
        Revised Statutes.
            (10) Colorado river system.--The term ``Colorado River 
        System'' has the meaning given the term in Article II(a) of the 
        Colorado River Compact.
            (11) Colorado river water.--
                    (A) In general.--The term ``Colorado River Water'' 
                means the waters of the Colorado River apportioned for 
                Use within the State by--
                            (i) sections 4 and 5 of the Boulder Canyon 
                        Project Act (43 U.S.C. 617c, 617d);
                            (ii) the Upper Colorado River Basin Compact 
                        of 1948, as ratified and reprinted in article 3 
                        of chapter 7 of title 45, Arizona Revised 
                        Statutes;
                            (iii) the Colorado River Basin Project Act 
                        (43 U.S.C. 1501 et seq.);
                            (iv) the contract for delivery of water 
                        between the United States and the State, dated 
                        February 9, 1944; and
                            (v) the Decree.
                    (B) Limitations.--The term ``Colorado River 
                Water''--
                            (i) shall only be used for purposes of 
                        interpreting the Settlement Agreement and this 
                        Act; and
                            (ii) shall not be used for any 
                        interpretation of existing law or contract, 
                        including any law or contract described in 
                        clauses (i) through (v) of subparagraph (A).
            (12) Decree.--The term ``Decree'', when used without a 
        modifier, means--
                    (A) the decree of the Supreme Court of the United 
                States in Arizona v. California, 376 U.S. 340 (1964);
                    (B) the consolidated decree entered on March 27, 
                2006, in Arizona v. California, 547 U.S. 150 (2006); 
                and
                    (C) any modification to a decree described in 
                subparagraph (A) or (B).
            (13) Diversion.--The term ``diversion'' means an act to 
        divert.
            (14) Divert.--The term ``divert'' means to receive, 
        withdraw, develop, produce, or capture water using--
                    (A) a ditch, canal, flume, bypass, pipeline, pit, 
                collection or infiltration gallery, conduit, well, 
                pump, turnout, dam, or any other mechanical device; or
                    (B) any other human act.
            (15) Effective date.--The term ``Effective Date'' means the 
        date as of which the Settlement Agreement has been executed by 
        not fewer than 30 of the Parties, including--
                    (A) the Navajo Nation;
                    (B) the Hopi Tribe;
                    (C) the San Juan Southern Paiute Tribe;
                    (D) the State;
                    (E) the Arizona State Land Department;
                    (F) the Central Arizona Water Conservation 
                District;
                    (G) the Salt River Project Agricultural Improvement 
                and Power District; and
                    (H) the Salt River Valley Water Users' Association.
            (16) Effluent.--The term ``Effluent'' means water that--
                    (A) has been used in the State for domestic, 
                municipal, or industrial purposes, other than solely 
                for hydropower generation; and
                    (B) is available for reuse for any purpose, 
                regardless of whether the water has been treated to 
                improve the quality of the water.
            (17) Enforceability date.--The term ``Enforceability Date'' 
        means the date described in section 16(a).
            (18) Fifth priority water.--The term ``Fifth Priority 
        Water'' has the meaning given the term in the Hopi Tribe 
        Existing Cibola Contract.
            (19) Fourth priority water.--The term ``Fourth Priority 
        Water'' means Colorado River Water available for delivery 
        within the State for satisfaction of entitlements--
                    (A) in accordance with contracts, Secretarial 
                reservations, perfected rights, and other arrangements 
                between the United States and water users in the State 
                entered into or established after September 30, 1968, 
                for Use on Federal, State, or privately owned land in 
                the State, in a total quantity not greater than 164,652 
                AFY of diversions; and
                    (B) after first providing for the delivery of 
                Colorado River Water for the CAP System, including for 
                Use on Indian land, under section 304(e) of the 
                Colorado River Basin Project Act (43 U.S.C. 1524(e)), 
                in accordance with the CAP Repayment Contract.
            (20) Gila river adjudication.--The term ``Gila River 
        Adjudication'' means the action pending in the Superior Court 
        of the State, in and for the County of Maricopa, In re the 
        General Adjudication of All Rights To Use Water in The Gila 
        River System and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper 
        Gila), W-4 (San Pedro) (Consolidated).
            (21) Gila river adjudication court.--The term ``Gila River 
        Adjudication Court'' means the Superior Court of the State, in 
        and for the County of Maricopa, exercising jurisdiction over 
        the Gila River Adjudication.
            (22) Gila river adjudication decree.--The term ``Gila River 
        Adjudication Decree'' means the judgment or decree entered by 
        the Gila River Adjudication Court in substantially the same 
        form as the form of judgment attached as Exhibit 3.1.47 to the 
        Settlement Agreement.
            (23) Groundwater.--The term ``Groundwater'' means all water 
        beneath the surface of the earth within the State that is not--
                    (A) Surface Water;
                    (B) Colorado River Water; or
                    (C) Effluent.
            (24) Hopi allotment.--The term ``Hopi Allotment'' means any 
        of the 11 parcels allotted pursuant to section 4 of the Act of 
        February 8, 1887 (commonly known as the ``Indian General 
        Allotment Act'') (24 Stat. 389, chapter 119; 25 U.S.C. 334), 
        that are--
                    (A) located within the exterior boundaries of the 
                Hopi Reservation; and
                    (B) held in trust by the United States for the 
                benefit of 1 or more individual Indians under allotment 
                record numbers AR-39, AR-40, AR-41, AR-42, AR-43, AR-
                44, AR-45, AR-46, AR-47, AR-48, and AR-49.
            (25) Hopi allottee.--The term ``Hopi Allottee'' means--
                    (A) an individual Indian holding a beneficial 
                interest in a Hopi Allotment; or
                    (B) an Indian Tribe holding an undivided fractional 
                beneficial interest in a Hopi Allotment.
            (26) Hopi fee land.--The term ``Hopi Fee Land'' means land, 
        other than Hopi Trust Land, that--
                    (A) is located in the State;
                    (B) is located outside the exterior boundaries of 
                the Hopi Reservation; and
                    (C) as of the Enforceability Date, is owned by the 
                Hopi Tribe in its own name or through an entity wholly 
                owned or controlled by the Hopi Tribe.
            (27) Hopi land.--The term ``Hopi Land'' means--
                    (A) the Hopi Reservation;
                    (B) Hopi Trust Land; and
                    (C) Hopi Fee Land.
            (28) Hopi reservation.--
                    (A) In general.--The term ``Hopi Reservation'' 
                means--
                            (i) land within the exterior boundaries of 
                        the ``Hopi Indian Reservation'' defined as 
                        District 6 in Healing v. Jones, 210 F. Supp. 
                        125, 173 (D. Ariz. 1962), aff'd, 373 U.S. 758 
                        (1963), and Masayesva for and on Behalf of Hopi 
                        Indian Tribe v. Hale, 118 F.3d 1371, 1375-76 
                        (9th Cir. 1997);
                            (ii) land withdrawn by the Executive Order 
                        of December 16, 1882, and partitioned to the 
                        Hopi Tribe in accordance with the Act of 
                        December 22, 1974 (Public Law 93-531; 88 Stat. 
                        1713), by Judgment of Partition, February 10, 
                        1977, Sekaquaptewa v. MacDonald, Case No. CIV-
                        579-PCT-JAW (D. Ariz.), aff'd, 626 F.2d 113 
                        (9th Cir. 1980); and
                            (iii) land recognized as part of the Hopi 
                        Reservation in Honyoama v. Shirley, Jr., Case 
                        No. CIV 74-842-PHX-EHC (D. Ariz. 2006).
                    (B) Map.--Subject to subparagraph (C), the 
                descriptions of the Hopi Reservation described in 
                clauses (i) through (iii) of subparagraph (A) are 
                generally shown on the map attached as Exhibit 3.1.56 
                to the Settlement Agreement.
                    (C) Conflict.--In the case of a conflict between 
                the definition in subparagraph (A) and Exhibit 3.1.56 
                of the Settlement Agreement, the definition in that 
                subparagraph shall control.
            (29) Hopi tribe.--The term ``Hopi Tribe'' means the Hopi 
        Tribe, a tribe of Hopi Indians--
                    (A) organized under section 16 of the Act of June 
                18, 1934 (commonly known as the ``Indian Reorganization 
                Act'') (48 Stat. 987, chapter 576; 25 U.S.C. 5123); and
                    (B) recognized by the Secretary in the notice of 
                the Secretary entitled ``Indian Entities Recognized by 
                and Eligible To Receive Services From the United States 
                Bureau of Indian Affairs'' (89 Fed. Reg. 944 (January 
                8, 2024)).
            (30) Hopi tribe agricultural conservation trust fund 
        account.--The term ``Hopi Tribe Agricultural Conservation Trust 
        Fund Account'' means the account--
                    (A) established under to section 11(b)(3); and
                    (B) described in subparagraph 12.3.3 of the 
                Settlement Agreement.
            (31) Hopi tribe cibola water.--The term ``Hopi Tribe Cibola 
        Water'' means the Fourth Priority Water, Fifth Priority Water, 
        and Sixth Priority Water to which the Hopi Tribe is entitled 
        pursuant to subparagraphs 5.8.2 and 5.8.3 of the Settlement 
        Agreement.
            (32) Hopi tribe existing cibola contract.--The term ``Hopi 
        Tribe Existing Cibola Contract'' means Contract No. 04-XX-30-
        W0432 between the United States and the Hopi Tribe, as amended 
        and in full force and effect as of the Effective Date.
            (33) Hopi tribe groundwater projects.--The term ``Hopi 
        Tribe Groundwater Projects'' means the projects described in--
                    (A) section 11(f)(1); and
                    (B) subparagraph 12.3.1 of the Settlement 
                Agreement.
            (34) Hopi tribe groundwater projects trust fund account.--
        The term ``Hopi Tribe Groundwater Projects Trust Fund Account'' 
        means the account--
                    (A) established under section 11(b)(1); and
                    (B) described in subparagraph 12.3.1 of the 
                Settlement Agreement.
            (35) Hopi tribe lower basin colorado river water 
        acquisition trust fund account.--The term ``Hopi Tribe Lower 
        Basin Colorado River Water Acquisition Trust Fund Account'' 
        means the account--
                    (A) established under section 11(b)(4); and
                    (B) described in subparagraph 12.3.4 of the 
                Settlement Agreement.
            (36) Hopi tribe om&r trust fund account.--The term ``Hopi 
        Tribe OM&R Trust Fund Account'' means the account--
                    (A) established under section 11(b)(2); and
                    (B) described in subparagraph 12.3.2 of the 
                Settlement Agreement.
            (37) Hopi tribe upper basin colorado river water.--The term 
        ``Hopi Tribe Upper Basin Colorado River Water'' means the 2,300 
        AFY of Upper Basin Colorado River Water allocated to the Hopi 
        Tribe--
                    (A) pursuant to section 6; and
                    (B) as provided in subparagraphs 5.7 and 11.1.1 of 
                the Settlement Agreement.
            (38) Hopi tribe water delivery contract.--The term ``Hopi 
        Tribe Water Delivery Contract'' means 1 or more contracts 
        entered into by Secretary and the Hopi Tribe in accordance with 
        section 6 and pursuant to paragraph 11 of the Settlement 
        Agreement for the delivery of Hopi Tribe Upper Basin Colorado 
        River Water or Hopi Tribe Cibola Water.
            (39) Hopi trust land.--The term ``Hopi Trust Land'' means 
        land that--
                    (A) is located in the State;
                    (B) is located outside the exterior boundaries of 
                the Hopi Reservation; and
                    (C) as of the Enforceability Date, is held in trust 
                by the United States for the benefit of the Hopi Tribe.
            (40) Iina ba - paa tuwaqat'si pipeline.--The term ``iina ba 
        - paa tuwaqat'si pipeline'' means the water project described 
        in--
                    (A) section 8; and
                    (B) subparagraph 12.1 of the Settlement Agreement.
            (41) Iina ba - paa tuwaqat'si pipeline implementation fund 
        account.--The term ``iina ba - paa tuwaqat'si pipeline 
        Implementation Fund Account'' means the account--
                    (A) established under section 9(a); and
                    (B) described in subparagraph 12.1.1 of the 
                Settlement Agreement.
            (42) Impoundment.--The term ``impoundment'' means a human-
        made structure used to store water.
            (43) Injury to water.--The term ``Injury to Water'' means 
        injury to water based on changes in or degradation of the 
        salinity or concentration of naturally occurring chemical 
        constituents contained in water.
            (44) Injury to water rights.--
                    (A) In general.--The term ``Injury to Water 
                Rights'' means an interference with, diminution of, or 
                deprivation of Water Rights under Federal, State, or 
                other law.
                    (B) Exclusion.--The term ``Injury to Water Rights'' 
                does not include any injury to water quality.
            (45) Irrigation.--The term ``irrigation'' means the Use of 
        water on 2 or more acres of land to produce plants or parts of 
        plants--
                    (A) for sale or human consumption; or
                    (B) as feed for livestock, range livestock, or 
                poultry.
            (46) LCR.--The term ``LCR'' means the Little Colorado 
        River.
            (47) Lcr adjudication.--The term ``LCR Adjudication'' means 
        the action pending in the Superior Court of the State, in and 
        for the County of Apache, In re: the General Adjudication of 
        All Rights to Use Water in the Little Colorado River System and 
        Source, CIV No. 6417.
            (48) Lcr adjudication court.--The term ``LCR Adjudication 
        Court'' means the Superior Court of the State, in and for the 
        County of Apache, exercising jurisdiction over the LCR 
        Adjudication.
            (49) Lcr decree.--The term ``LCR Decree'' means the 
        judgment or decree entered by the LCR Adjudication Court in 
        substantially the same form as the form of judgment attached as 
        Exhibit 3.1.82 to the Settlement Agreement.
            (50) Lcr watershed.--The term ``LCR Watershed'' means land 
        located within the Surface Water drainage of the LCR and its 
        tributaries in the State, as shown on the map attached as 
        Exhibit 3.1.83 to the Settlement Agreement.
            (51) Lower basin.--The term ``Lower Basin'' has the meaning 
        given the term in Article II(g) of the Colorado River Compact.
            (52) Member.--The term ``Member'' means any person duly 
        enrolled as a member of the Navajo Nation, the Hopi Tribe, or 
        the San Juan Southern Paiute Tribe.
            (53) Navajo allotment.--The term ``Navajo Allotment'' means 
        a parcel of land patented pursuant to section 1 of the Act of 
        February 8, 1887 (commonly known as the ``Indian General 
        Allotment Act'') (24 Stat. 388, chapter 119; 25 U.S.C. 331) (as 
        in effect on the day before the date of enactment of the Indian 
        Land Consolidation Act Amendments of 2000 (Public Law 106-462; 
        114 Stat. 1991))--
                    (A) originally allotted to an individual identified 
                in the allotting document as a Navajo Indian;
                    (B) located within the exterior boundaries of the 
                Navajo Reservation; and
                    (C) held in trust by the United States for the 
                benefit of 1 or more individual Indians.
            (54) Navajo allottee.--The term ``Navajo Allottee'' means--
                    (A) an individual Indian holding a beneficial 
                interest in a Navajo Allotment; or
                    (B) an Indian Tribe holding an undivided fractional 
                beneficial interest in a Navajo Allotment.
            (55) Navajo fee land.--The term ``Navajo Fee Land'' means 
        land, other than Navajo Trust Land, that--
                    (A) is located in the State;
                    (B) is located outside the exterior boundaries of 
                the Navajo Reservation; and
                    (C) as of the Enforceability Date, is owned by the 
                Navajo Nation, whether in its own name or through an 
                entity wholly owned or controlled by the Navajo Nation.
            (56) Navajo-gallup water supply project.--The term 
        ``Navajo-Gallup Water Supply Project'' means the project 
        authorized, constructed, and operated pursuant to part III of 
        the Northwestern New Mexico Rural Water Projects Act (Public 
        Law 111-11; 123 Stat. 1379).
            (57) Navajo land.--The term ``Navajo Land'' means--
                    (A) the Navajo Reservation;
                    (B) Navajo Trust Land; and
                    (C) Navajo Fee Land.
            (58) Navajo nation.--
                    (A) In general.--The term ``Navajo Nation'' means 
                the Navajo Nation, a body politic and federally 
                recognized Indian nation recognized by the Secretary in 
                the notice of the Secretary entitled ``Indian Entities 
                Recognized by and Eligible To Receive Services From the 
                United States Bureau of Indian Affairs'' (89 Fed. Reg. 
                944 (January 8, 2024)), and also known variously as the 
                ``Navajo Tribe'', the ``Navajo Tribe of Arizona, New 
                Mexico & Utah'', the ``Navajo Tribe of Indians'', and 
                other similar names.
                    (B) Inclusions.--The term ``Navajo Nation'' 
                includes all bands of Navajo Indians and chapters of 
                the Navajo Nation.
            (59) Navajo nation agricultural conservation trust fund 
        account.--The term ``Navajo Nation Agricultural Conservation 
        Trust Fund Account'' means the account--
                    (A) established under section 10(b)(3); and
                    (B) described in subparagraph 12.2.4 of the 
                Settlement Agreement.
            (60) Navajo nation cibola water.--The term ``Navajo Nation 
        Cibola Water'' means the entitlement of the Navajo Nation to 
        the diversion of up to 100 AFY of Fourth Priority Water at the 
        same location and for the same Uses described in the Hopi Tribe 
        Existing Cibola Contract or the delivery and consumptive use of 
        up to 71.5 AFY of Fourth Priority Water at locations and for 
        Uses within the State other than as described in the Hopi Tribe 
        Existing Cibola Contract, which shall have been assigned and 
        transferred by the Hopi Tribe from its Cibola Water under the 
        Hopi Tribe Existing Cibola Contract to the Navajo Nation.
            (61) Navajo nation fourth priority water.--The term 
        ``Navajo Nation Fourth Priority Water'' means the diversion 
        right to 3,500 AFY of Fourth Priority Water reserved for Use in 
        a Navajo-Hopi Indian water rights settlement under paragraph 
        11.3 of the Arizona Water Settlement Agreement among the United 
        States, the State, and the Central Arizona Water Conservation 
        District--
                    (A) as authorized by paragraphs (1) and (2) of 
                section 106(a) of the Central Arizona Project 
                Settlement Act of 2004 (Public Law 108-451; 118 Stat. 
                3492);
                    (B) as allocated to the Navajo Nation pursuant to 
                section 6; and
                    (C) as described in subparagraphs 4.9 and 10.1 of 
                the Settlement Agreement.
            (62) Navajo nation lower basin colorado river water 
        acquisition trust fund account.--The term ``Navajo Nation Lower 
        Basin Colorado River Water Acquisition Trust Fund Account'' 
        means the account--
                    (A) established under section 10(b)(5); and
                    (B) described in subparagraph 12.2.5 of the 
                Settlement Agreement.
            (63) Navajo nation om&r trust fund account.--The term 
        ``Navajo Nation OM&R Trust Fund Account'' means the account--
                    (A) established under section 10(b)(2); and
                    (B) described in subparagraph 12.2.2 of the 
                Settlement Agreement.
            (64) Navajo nation renewable energy trust fund account.--
        The term ``Navajo Nation Renewable Energy Trust Fund Account'' 
        means the account--
                    (A) established under section 10(b)(4); and
                    (B) described in subparagraph 12.2.3 of the 
                Settlement Agreement.
            (65) Navajo nation upper basin colorado river water.--The 
        term ``Navajo Nation Upper Basin Colorado River Water'' means 
        the 44,700 AFY of Upper Basin Colorado River Water--
                    (A) allocated to the Navajo Nation pursuant to 
                section 6; and
                    (B) described in subparagraphs 4.7 and 10.1 of the 
                Settlement Agreement.
            (66) Navajo nation water delivery contract.--The term 
        ``Navajo Nation Water Delivery Contract'' means 1 or more 
        contracts entered into by the Secretary and the Navajo Nation 
        in accordance with section 6 and pursuant to paragraph 10 of 
        the Settlement Agreement for the delivery of Navajo Nation 
        Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
        or Navajo Nation Fourth Priority Water.
            (67) Navajo nation water projects.--The term ``Navajo 
        Nation Water Projects'' means the projects described in--
                    (A) section 10(f)(1); and
                    (B) subparagraph 12.2.1 of the Settlement 
                Agreement.
            (68) Navajo nation water projects trust fund account.--The 
        term ``Navajo Nation Water Projects Trust Fund Account'' means 
        the account--
                    (A) established under section 10(b)(1); and
                    (B) described in subparagraph 12.2.1 of the 
                Settlement Agreement.
            (69) Navajo reservation.--
                    (A) In general.--The term ``Navajo Reservation'' 
                means--
                            (i) land within the exterior boundaries of 
                        the ``Navajo Indian Reservation'' in the State, 
                        as defined by the Act of June 14, 1934 (48 
                        Stat. 960, chapter 521);
                            (ii) land withdrawn by the Executive order 
                        of December 16, 1882, and partitioned to the 
                        Navajo Nation in accordance with section 8(b) 
                        of the Act of December 22, 1974 (Public Law 93-
                        531; 88 Stat. 1715), by Judgment of Partition, 
                        February 10, 1977, Sekaquaptewa v. MacDonald, 
                        Case No. CIV-579-PCT-JAW (D. Ariz.), aff'd, 626 
                        F.2d 113 (9th Cir. 1980);
                            (iii) land taken into trust as a part of 
                        the Navajo Reservation before the Effective 
                        Date pursuant to the Act of December 22, 1974 
                        (Public Law 93-531; 88 Stat. 1712), a copy of 
                        which is attached as Exhibit 3.1.112B to the 
                        Settlement Agreement; and
                            (iv) any land taken into trust as part of 
                        the Navajo Reservation after the Effective Date 
                        pursuant to the Act of December 22, 1974 
                        (Public Law 93-531; 88 Stat. 1712), except as 
                        provided in subparagraphs 3.1.12, 3.1.13, 
                        3.1.87, 3.1.170, 4.1.5, 4.1.6, 4.6.1, and 8.1.1 
                        of the Settlement Agreement.
                    (B) Exclusions.--The term ``Navajo Reservation'' 
                does not include land within the Hopi Reservation or 
                the San Juan Southern Paiute Reservation.
                    (C) Map.--Subject to subparagraph (D), the 
                descriptions of the Navajo Reservation described in 
                clauses (i) through (iv) of subparagraph (A) are 
                generally shown on the map attached as Exhibit 3.1.112A 
                to the Settlement Agreement.
                    (D) Conflict.--In the case of a conflict between 
                the definition in subparagraphs (A) and (B) and Exhibit 
                3.1.112A of the Settlement Agreement, the definition 
                described in those subparagraphs shall control.
            (70) Navajo tribal utility authority.--The term ``Navajo 
        Tribal Utility Authority'' means the enterprise established by 
        the Navajo Nation pursuant to chapter 1, section 21 of the 
        Navajo Nation Code, or a successor agency or entity.
            (71) Navajo trust land.--The term ``Navajo Trust Land'' 
        means land that--
                    (A) is located in the State;
                    (B) is located outside the exterior boundaries of 
                the Navajo Reservation; and
                    (C) as of the Enforceability Date, is held in trust 
                by the United States for the benefit of the Navajo 
                Nation.
            (72) Off-reservation.--The term ``off-Reservation'' means 
        land located in the State outside the exterior boundaries of--
                    (A) the Navajo Reservation;
                    (B) the Hopi Reservation; and
                    (C) the San Juan Southern Paiute Reservation.
            (73) OM&R.--The term ``OM&R'' means operation, maintenance, 
        and replacement.
            (74) Party.--The term ``Party'' mean a Person that is a 
        signatory to the Settlement Agreement.
            (75) Person.--
                    (A) In general.--The term ``Person'' means--
                            (i) an individual;
                            (ii) a public or private corporation;
                            (iii) a company;
                            (iv) a partnership;
                            (v) a joint venture;
                            (vi) a firm;
                            (vii) an association;
                            (viii) a society;
                            (ix) an estate or trust;
                            (x) any other private organization or 
                        enterprise;
                            (xi) the United States;
                            (xii) an Indian Tribe;
                            (xiii) a State, territory, or country;
                            (xiv) a governmental entity; and
                            (xv) any political subdivision or municipal 
                        corporation organized under or subject to the 
                        constitution and laws of the State.
                    (B) Inclusions.--The term ``Person'' includes the 
                officers, directors, agents, insurers, representatives, 
                employees, attorneys, assigns, subsidiaries, 
                affiliates, enterprises, legal representatives, 
                predecessors, and successors in interest and their 
                heirs, of any entity or individual described in 
                subparagraph (A).
            (76) Public domain allotment outside the navajo 
        reservation.--The term ``Public Domain Allotment outside the 
        Navajo Reservation'' means any of the 51 parcels of land 
        allotted to individual Indians from the public domain pursuant 
        to section 4 of the Act of February 8, 1887 (commonly known as 
        the ``Indian General Allotment Act'') (24 Stat. 389, chapter 
        119; 25 U.S.C. 334) that is--
                    (A) held in trust by the United States for the 
                benefit of 1 or more individual Indians or Indian 
                Tribes; and
                    (B) located outside the exterior boundaries of the 
                Navajo Reservation and the Hopi Reservation, as 
                depicted on the map attached as Exhibit 3.1.132A to the 
                Settlement Agreement.
            (77) Public domain allotment within the navajo 
        reservation.--The term ``Public Domain Allotment within the 
        Navajo Reservation'' means any land allotted to individual 
        Indians from the public domain that is--
                    (A) held in trust by the United States for the 
                benefit of 1 or more individual Indians or Indian 
                Tribes;
                    (B) located within the exterior boundaries of the 
                Navajo Reservation; and
                    (C) described in Exhibit 3.1.131 to the Settlement 
                Agreement.
            (78) Public domain allottee.--The term ``Public Domain 
        Allottee'' means an individual Indian or Indian Tribe holding a 
        beneficial interest in--
                    (A) a Public Domain Allotment outside the Navajo 
                Reservation; or
                    (B) a Public Domain Allotment within the Navajo 
                Reservation.
            (79) San juan southern paiute fee land.--The term ``San 
        Juan Southern Paiute Fee Land'' means land, other than San Juan 
        Southern Paiute Trust Land, that--
                    (A) is located in the State;
                    (B) is located outside the exterior boundaries of 
                the San Juan Southern Paiute Reservation; and
                    (C) as of the Enforceability Date, is owned by the 
                San Juan Southern Paiute Tribe, whether in its own name 
                or through an entity wholly owned or controlled by the 
                San Juan Southern Paiute Tribe.
            (80) San juan southern paiute groundwater projects.--The 
        term ``San Juan Southern Paiute Groundwater Projects'' means 
        the projects described in--
                    (A) section 12; and
                    (B) subparagraph 12.4.1 of the Settlement 
                Agreement.
            (81) San juan southern paiute land.--The term ``San Juan 
        Southern Paiute Land'' means--
                    (A) the San Juan Southern Paiute Southern Area;
                    (B) San Juan Southern Paiute Trust Land; and
                    (C) San Juan Southern Paiute Fee Land.
            (82) San juan southern paiute northern area.--The term 
        ``San Juan Southern Paiute Northern Area'' means the land 
        depicted on the map attached as Exhibit 3.1.146 to the 
        Settlement Agreement.
            (83) San juan southern paiute reservation.--The term ``San 
        Juan Southern Paiute Reservation'' means the approximately 
        5,400 acres of land described in paragraph 6.0 of the 
        Settlement Agreement as the San Juan Southern Paiute Northern 
        Area and the San Juan Southern Paiute Southern Area, as 
        depicted in the maps attached as Exhibits 3.1.146 and 3.1.147 
        to the Settlement Agreement.
            (84) San juan southern paiute tribe agricultural 
        conservation trust fund account.--The term ``San Juan Southern 
        Paiute Tribe Agricultural Conservation Trust Fund Account'' 
        means the account--
                    (A) established under section 12(b)(2); and
                    (B) described in subparagraph 12.4.3 of the 
                Settlement Agreement.
            (85) San juan southern paiute tribe groundwater projects 
        trust fund account.--The term ``San Juan Southern Paiute Tribe 
        Groundwater Projects Trust Fund Account'' means the account--
                    (A) established under section 12(b)(1); and
                    (B) described in subparagraph 12.4.1 of the 
                Settlement Agreement.
            (86) San juan southern paiute tribe om&r trust fund 
        account.--The term ``San Juan Southern Paiute Tribe OM&R Trust 
        Fund Account'' means the account--
                    (A) established under section 12(b)(3); and
                    (B) described in subparagraph 12.4.2 of the 
                Settlement Agreement.
            (87) San juan southern paiute southern area.--The term 
        ``San Juan Southern Paiute Southern Area'' means the land 
        depicted on the map attached as Exhibit 3.1.147 to the 
        Settlement Agreement.
            (88) San juan southern paiute tribe.--The term ``San Juan 
        Southern Paiute Tribe'' means the San Juan Southern Paiute 
        Tribe, a body politic and federally recognized Indian Tribe, as 
        recognized by the Secretary in the notice of the Secretary 
        entitled ``Indian Entities Recognized by and Eligible To 
        Receive Services From the United States Bureau of Indian 
        Affairs'' (89 Fed. Reg. 944 (January 8, 2024)).
            (89) San juan southern paiute trust land.--The term ``San 
        Juan Southern Paiute Trust Land'' means land that--
                    (A) is located in the State;
                    (B) is located outside the exterior boundaries of 
                the San Juan Southern Paiute Reservation; and
                    (C) as of the Enforceability Date, is held in trust 
                by the United States for the benefit of the San Juan 
                Southern Paiute Tribe.
            (90) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (91) Settlement agreement.--The term ``Settlement 
        Agreement'' means--
                    (A) the Northeastern Arizona Indian Water Rights 
                Settlement Agreement dated as of May 9, 2024; and
                    (B) any exhibits attached to that agreement.
            (92) Sixth priority water.--The term ``Sixth Priority 
        Water'' has the meaning given the term in the Hopi Tribe 
        Existing Cibola Contract.
            (93) State.--The term ``State'' means the State of Arizona.
            (94) Surface water.--
                    (A) In general.--The term ``Surface Water'' means 
                all water in the State that is appropriable under State 
                law.
                    (B) Exclusion.--The term ``Surface Water'' does not 
                include Colorado River Water.
            (95) Treaty.--The term ``Treaty'' means the Articles of 
        Treaty and Agreement entered into by the Navajo Nation and the 
        San Juan Southern Paiute Tribe to settle land claims and other 
        disputes, as executed on March 18, 2000.
            (96) Treaty addendum.--The term ``Treaty Addendum'' means 
        the Addendum to the Treaty entered into by the Navajo Nation 
        and the San Juan Southern Paiute Tribe on May 7, 2004.
            (97) Tribe.--The term ``Tribe'' means, individually, as 
        applicable--
                    (A) the Navajo Nation;
                    (B) the Hopi Tribe; or
                    (C) the San Juan Southern Paiute Tribe.
            (98) Tribes.--The term ``Tribes'' means, collectively--
                    (A) the Navajo Nation;
                    (B) the Hopi Tribe; and
                    (C) the San Juan Southern Paiute Tribe.
            (99) Underground water.--
                    (A) In general.--The term ``Underground Water'' 
                means all water beneath the surface of the earth within 
                the State, regardless of its legal characterization as 
                appropriable or non-appropriable under Federal, State, 
                or other law.
                    (B) Exclusions.--The term ``Underground Water'' 
                does not include Colorado River Water or Effluent.
            (100) United states.--
                    (A) In general.--The term ``United States'' means 
                the United States, acting as trustee for the Tribes, 
                their Members, the Hopi Allottees, and the Navajo 
                Allottees, except as otherwise expressly provided.
                    (B) Clarification.--When used in reference to a 
                particular agreement or contract, the term ``United 
                States'' means the United States acting in the capacity 
                as described in that agreement or contract.
            (101) Upper basin.--The term ``Upper Basin'' has the 
        meaning given the term in article II(f) of the Colorado River 
        Compact.
            (102) Upper basin colorado river water.--The term ``Upper 
        Basin Colorado River Water'' means the 50,000 AFY of 
        consumptive use of Colorado River Water apportioned to the 
        State in the Upper Colorado River Basin Compact of 1948, as 
        ratified and reprinted in article 3 of chapter 7 of title 45, 
        Arizona Revised Statutes.
            (103) Use.--The term ``Use'' means any beneficial use, 
        including instream flow, recharge, storage, recovery, or any 
        other use recognized as beneficial under applicable law.
            (104) Water.--The term ``water'', when used without a 
        modifying adjective, means Groundwater, Surface Water, Colorado 
        River Water, or Effluent.
            (105) Water right.--The term ``Water Right'' means any 
        right in or to Groundwater, Surface Water, Colorado River 
        Water, or Effluent under Federal, State, or other law.
            (106) Well.--The term ``well'' means a human-made opening 
        in the earth through which Underground Water may be withdrawn 
        or obtained.
            (107) Zuni tribe.--The term ``Zuni Tribe'' means the body 
        politic and federally recognized Indian Tribe, as recognized by 
        the Secretary in the notice of the Secretary entitled ``Indian 
        Entities Recognized by and Eligible To Receive Services From 
        the United States Bureau of Indian Affairs'' (89 Fed. Reg. 944 
        (January 8, 2024)).

SEC. 4. RATIFICATION AND EXECUTION OF THE NORTHEASTERN ARIZONA INDIAN 
              WATER RIGHTS SETTLEMENT AGREEMENT.

    (a) Ratification.--
            (1) In general.--Except as modified by this Act and to the 
        extent the Settlement Agreement does not conflict with this 
        Act, the Settlement Agreement is authorized, ratified, and 
        confirmed.
            (2) Amendments.--If an amendment to the Settlement 
        Agreement, or to any exhibit attached to the Settlement 
        Agreement requiring the signature of the Secretary, is executed 
        in accordance with this Act to make the Settlement Agreement 
        consistent with this Act, the amendment is authorized, 
        ratified, and confirmed, to the extent the amendment is 
        consistent with this Act.
    (b) Execution of Settlement Agreement.--
            (1) In general.--To the extent the Settlement Agreement 
        does not conflict with this Act, the Secretary shall execute 
        the Settlement Agreement, including all exhibits to the 
        Settlement Agreement requiring the signature of the Secretary.
            (2) Modifications.--Nothing in this Act prohibits the 
        Secretary from approving any modification to the Settlement 
        Agreement, including any exhibit to the Settlement Agreement, 
        that is consistent with this Act, to the extent the 
        modification does not otherwise require congressional approval 
        under section 2116 of the Revised Statutes (25 U.S.C. 177) or 
        any other applicable Federal law.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the Settlement Agreement 
        (including all exhibits to the Settlement Agreement requiring 
        the signature of the Secretary) and this Act, the Secretary 
        shall comply with all applicable provisions of--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), including the implementing 
                regulations of that Act; and
                    (C) all other Federal environmental laws and 
                regulations.
            (2) Compliance.--In implementing the Settlement Agreement 
        and this Act, but excluding environmental compliance related to 
        the iina ba - paa tuwaqat'si pipeline, the applicable Tribe 
        shall prepare any necessary environmental documents consistent 
        with all applicable provisions of--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), including the implementing 
                regulations of that Act; and
                    (C) all other Federal environmental laws and 
                regulations.
    (d) Authorizations.--The Secretary shall--
            (1) independently evaluate the documentation submitted 
        under subsection (c)(2); and
            (2) be responsible for the accuracy, scope, and contents of 
        that documentation.
    (e) Effect of Execution.--The execution of the Settlement Agreement 
by the Secretary under this section shall not constitute a major 
Federal action for purposes of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).
    (f) Costs.--
            (1) In general.--Except as provided in paragraph (2), any 
        costs associated with the performance of the compliance 
        activities under subsection (c) shall be paid from funds 
        deposited in the Navajo Nation Water Projects Trust Fund 
        Account, the Hopi Tribe Groundwater Projects Trust Fund 
        Account, or the San Juan Southern Paiute Tribe Groundwater 
        Projects Trust Fund Account, as applicable, subject to the 
        condition that any costs associated with the performance of 
        Federal approval or other review of that compliance work or 
        costs associated with inherently Federal functions shall remain 
        the responsibility of the Secretary.
            (2) Iina ba - paa tuwaqat'si pipeline.--Any costs 
        associated with the performance of the compliance activities 
        under subsection (c) relating to the iina ba - paa tuwaqat'si 
        pipeline shall be paid from funds deposited in the iina ba - 
        paa tuwaqat'si pipeline Implementation Fund Account.

SEC. 5. WATER RIGHTS.

    (a) Confirmation of Water Rights.--
            (1) In general.--The Water Rights of the Navajo Nation, the 
        Hopi Tribe, the San Juan Southern Paiute Tribe, the Navajo 
        Allottees, and the Hopi Allottees as described in the 
        Settlement Agreement are ratified, confirmed, and declared to 
        be valid.
            (2) Use.--Any use of water pursuant to the Water Rights 
        described in paragraph (1) by the Navajo Nation, the Hopi 
        Tribe, the San Juan Southern Paiute Tribe, the Navajo 
        Allottees, or the Hopi Allottees shall be subject to the terms 
        and conditions of the Settlement Agreement and this Act.
            (3) Conflict.--In the event of a conflict between the 
        Settlement Agreement and this Act, this Act shall control.
    (b) Intent of Congress.--It is the intent of Congress to provide to 
the Navajo Allottees benefits that are equivalent to, or exceed, the 
benefits the Navajo Allottees possess on the day before the date of 
enactment of this Act, taking into consideration--
            (1) the potential risks, cost, and time delay associated 
        with litigation that would be resolved by the Settlement 
        Agreement and this Act;
            (2) the availability of funding under this Act and from 
        other sources;
            (3) the availability of water from the Water Rights of the 
        Navajo Nation; and
            (4) the applicability of section 7 of the Act of February 
        8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this 
        Act to protect the interests of the Navajo Allottees.
    (c) Water Rights To Be Held in Trust for the Tribes, the Navajo 
Allottees, and the Hopi Allottees.--The United States shall hold the 
following Water Rights in trust for the benefit of the Navajo Nation, 
the Hopi Tribe, the San Juan Southern Paiute Tribe, the Navajo 
Allottees, and the Hopi Allottees:
            (1) Navajo nation and the navajo allottees.--The United 
        States shall hold the following Water Rights in trust for the 
        benefit of the Navajo Nation and Navajo Allottees:
                    (A) Underground Water described in subparagraph 4.2 
                of the Settlement Agreement.
                    (B) Springs described in subparagraph 4.4 of the 
                Settlement Agreement.
                    (C) Little Colorado River tributary water described 
                in subparagraph 4.5 of the Settlement Agreement.
                    (D) Little Colorado River Mainstem water described 
                in subparagraph 4.6 of the Settlement Agreement.
                    (E) Navajo Nation Upper Basin Colorado River Water 
                described in subparagraph 4.7 of the Settlement 
                Agreement.
                    (F) Navajo Nation Fourth Priority Water described 
                in subparagraph 4.9 of the Settlement Agreement.
                    (G) Water Rights appurtenant to or associated with 
                land held in trust by the United States for the benefit 
                of the Navajo Nation, as described in subparagraphs 
                4.12, 4.13, 4.15, and 4.16 of the Settlement Agreement.
            (2) Hopi tribe.--The United States shall hold the following 
        Water Rights in trust for the benefit of the Hopi Tribe:
                    (A) Underground Water described in subparagraph 5.2 
                of the Settlement Agreement.
                    (B) Surface Water described in subparagraph 5.4 of 
                the Settlement Agreement.
                    (C) Springs described in subparagraph 5.5 of the 
                Settlement Agreement.
                    (D) Hopi Tribe Upper Basin Colorado River Water 
                described in subparagraph 5.7 of the Settlement 
                Agreement.
                    (E) Water Rights appurtenant to or associated with 
                land held in trust by the United States for the benefit 
                of the Hopi Tribe, as described in subparagraphs 5.10, 
                5.11, 5.12, and 5.13 of the Settlement Agreement.
            (3) San juan southern paiute tribe.--The United States 
        shall hold the following Water Rights in trust for the benefit 
        of the San Juan Southern Paiute Tribe:
                    (A) Underground Water described in subparagraph 
                6.2.3 of the Settlement Agreement.
                    (B) Surface Water described in subparagraph 6.2.4 
                of the Settlement Agreement.
                    (C) Springs described in subparagraph 6.2.6 of the 
                Settlement Agreement.
                    (D) Water Rights appurtenant to or associated with 
                land held in trust by the United States for the benefit 
                of the San Juan Southern Paiute Tribe, as described in 
                subparagraphs 6.5 and 6.6 of the Settlement Agreement.
            (4) Hopi allottees.--The United States shall hold the Water 
        Rights described in subparagraph 5.9 of the Settlement 
        Agreement in trust for the benefit of the Hopi Allottees.
    (d) Places of Use.--
            (1) Navajo nation.--The rights of the Navajo Nation, and 
        the United States acting as trustee for the Navajo Nation, to 
        the water described in subparagraphs 4.2, 4.4, 4.5, and 4.6 of 
        the Settlement Agreement--
                    (A) may be used anywhere on the Navajo Reservation 
                or on off-Reservation land held in trust by the United 
                States for the benefit of the Navajo Nation; but
                    (B) may not be sold, leased, transferred, or in any 
                way used off of the Navajo Reservation or off of land 
                outside the Navajo Reservation that is held in trust by 
                the United States for the benefit of the Navajo Nation.
            (2) Hopi tribe.--The rights of the Hopi Tribe, and the 
        United States acting as trustee for the Hopi Tribe, to the 
        water described in subparagraphs 5.2, 5.4, and 5.5 of the 
        Settlement Agreement--
                    (A) may be used anywhere on the Hopi Reservation or 
                on off-Reservation land held in trust by the United 
                States for the benefit of the Hopi Tribe; but
                    (B) may not be sold, leased, transferred, or in any 
                way used off of the Hopi Reservation or off of land 
                outside the Hopi Reservation that is held in trust by 
                the United States for the benefit of the Hopi Tribe.
            (3) San juan southern paiute tribe.--The rights of the San 
        Juan Southern Paiute Tribe, and the United States acting as 
        trustee for the San Juan Southern Paiute Tribe, to the water 
        described in subparagraphs 6.2.3, 6.2.4, and 6.2.6 of the 
        Settlement Agreement--
                    (A) may be used on the San Juan Southern Paiute 
                Southern Area or on land outside the San Juan Southern 
                Paiute Southern Area that is held in trust by the 
                United States for the benefit of the San Juan Southern 
                Paiute Tribe; but
                    (B) may not be sold, leased, transferred, or in any 
                way used off of the San Juan Southern Paiute Southern 
                Area or off of land outside the San Juan Southern 
                Paiute Southern Area that is held in trust by the 
                United States for the benefit of the San Juan Southern 
                Paiute Tribe.
    (e) Nonuse, Forfeiture, and Abandonment.--
            (1) Navajo nation and navajo allottees.--Water Rights of 
        the Navajo Nation and the Navajo Allottees described in 
        subparagraphs 4.2, 4.4, 4.5, 4.6, 4.7, and 4.9 of the 
        Settlement Agreement and Water Rights relating to land held in 
        trust by the United States for the benefit of the Navajo 
        Nation, as described in subparagraphs 4.12, 4.13, 4.15, and 
        4.16 of the Settlement Agreement, shall not be subject to loss 
        by non-use, forfeiture, or abandonment.
            (2) Hopi tribe.--Water Rights of the Hopi Tribe described 
        in subparagraphs 5.2, 5.4, 5.5, and 5.7 of the Settlement 
        Agreement and Water Rights relating to land held in trust by 
        the United States for the benefit of the Hopi Tribe, as 
        described in subparagraphs 5.10, 5.11, 5.12, and 5.13 of the 
        Settlement Agreement, shall not be subject to loss by non-use, 
        forfeiture, or abandonment.
            (3) San juan southern paiute tribe.--Water Rights of the 
        San Juan Southern Paiute Tribe described in subparagraphs 
        6.2.3, 6.2.4, and 6.2.6 of the Settlement Agreement shall not 
        be subject to loss by non-use, forfeiture, or abandonment.
            (4) Hopi allottees.--Water Rights of the Hopi Allottees 
        described in subparagraph 5.9 of the Settlement Agreement shall 
        not be subject to loss by non-use, forfeiture, or abandonment.
    (f) Navajo Allottees.--
            (1) Applicability of the act of february 8, 1887.--Section 
        7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 
        U.S.C. 381), shall apply to the Water Rights described in 
        subsection (c)(1).
            (2) Entitlement to water.--The rights of Navajo Allottees, 
        and the United States acting as trustee for Navajo Allottees, 
        to use water on Navajo Allotments located on the Navajo 
        Reservation shall be satisfied solely from the Water Rights 
        described in subsection (c)(1).
            (3) Allocations.--A Navajo Allottee shall be entitled to a 
        just and equitable distribution of water for irrigation 
        purposes.
            (4) Claims.--
                    (A) Exhaustion of remedies.--Before asserting any 
                claim against the United States under section 7 of the 
                Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 
                U.S.C. 381), or any other applicable law, a Navajo 
                Allottee shall exhaust remedies available under the 
                Navajo Nation Water Code or other applicable Navajo 
                law.
                    (B) Action for relief.--After the exhaustion of all 
                remedies available under the Navajo Nation Water Code 
                or other applicable Navajo law pursuant to subparagraph 
                (A), a Navajo Allottee may seek relief under section 7 
                of the Act of February 8, 1887 (24 Stat. 390, chapter 
                119; 25 U.S.C. 381), or other applicable law.
            (5) Authority of the secretary.--The Secretary may protect 
        the rights of Navajo Allottees in accordance with this 
        subsection.
    (g) Navajo Nation Water Code.--To the extent necessary, and subject 
to the approval of the Secretary, the Navajo Nation shall amend the 
Navajo Nation Water Code to provide--
            (1) that Use of water by Navajo Allottees shall be 
        satisfied with water from the Water Rights described in 
        subsection (c)(1);
            (2) a process by which a Navajo Allottee may request that 
        the Navajo Nation provide water in accordance with the 
        Settlement Agreement, including the provision of water under 
        any Navajo Allottee lease under section 4 of the Act of June 
        25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403);
            (3) a due process system for the consideration and 
        determination by the Navajo Nation of any request of a Navajo 
        Allottee (or a successor in interest to a Navajo Allottee) for 
        an allocation of water on a Navajo Allotment, including a 
        process for--
                    (A) appeal and adjudication of any denied or 
                disputed distribution of water; and
                    (B) resolution of any contested administrative 
                decision; and
            (4) a requirement that any Navajo Allottee asserting a 
        claim relating to the enforcement of rights of the Navajo 
        Allottee under the Navajo Nation Water Code, including to the 
        quantity of water allocated to land of the Navajo Allottee, 
        shall exhaust all remedies available to the Navajo Allottee 
        under Navajo law before initiating an action against the United 
        States or petitioning the Secretary pursuant to subsection 
        (f)(4)(B).
    (h) Action by the Secretary.--
            (1) In general.--During the period beginning on the date of 
        enactment of this Act and ending on the date on which a Navajo 
        Nation Water Code is amended pursuant to subsection (g), the 
        Secretary shall administer, with respect to the rights of the 
        Navajo Allottees, the Water Rights identified under subsection 
        (c)(1).
            (2) Approval.--The Navajo Nation Water Code amendments 
        described in subsection (g) shall not be valid unless--
                    (A) the amendments described in that subsection 
                have been approved by the Secretary; and
                    (B) each subsequent amendment to the Navajo Nation 
                Water Code that affects the rights of a Navajo Allottee 
                is approved by the Secretary.
            (3) Approval period.--
                    (A) Approval period.--Except as provided in 
                subparagraph (B), the Secretary shall approve or 
                disapprove the Navajo Nation Water Code amendments 
                described in subsection (g) not later than 180 days 
                after the date on which the amendments are submitted to 
                the Secretary.
                    (B) Extension.--The deadline described in 
                subparagraph (A) may be extended by the Secretary after 
                consultation with the Navajo Nation.
    (i) Effect.--Except as otherwise expressly provided in this 
section, nothing in this Act--
            (1) authorizes any action by a Navajo Allottee against any 
        individual or entity, or against the Navajo Nation, under 
        Federal, State, Tribal, or local law; or
            (2) alters or affects the status of any action brought 
        pursuant to section 1491(a) of title 28, United States Code.

SEC. 6. ALLOCATION AND ASSIGNMENT OF COLORADO RIVER WATER TO THE 
              TRIBES; WATER DELIVERY CONTRACTS.

    (a) Allocation and Assignment to the Navajo Nation and the Hopi 
Tribe.--
            (1) Allocation and assignment to the navajo nation.--
                    (A) Navajo nation upper basin colorado river 
                water.--
                            (i) State agreement.--Pursuant to 
                        subparagraph 4.7.1 of the Settlement Agreement, 
                        the State has expressly agreed to the 
                        allocation described in clause (ii).
                            (ii) Allocation.--44,700 AFY of Upper Basin 
                        Colorado River Water is allocated to the Navajo 
                        Nation on the Enforceability Date.
                    (B) Navajo nation cibola water.--Pursuant to 
                subparagraph 4.8.2 of the Settlement Agreement, the 
                State has recommended the assignment of Navajo Nation 
                Cibola Water by the Hopi Tribe to the Navajo Nation 
                effective on the Enforceability Date.
                    (C) Navajo nation fourth priority water.--
                            (i) State recommendation.--Pursuant to 
                        subparagraph 4.9.1 of the Settlement Agreement, 
                        the State has recommended the allocation 
                        described in clause (ii).
                            (ii) Allocation.--3,500 AFY of uncontracted 
                        Fourth Priority Water reserved for Use in a 
                        Navajo-Hopi Indian Water Rights settlement 
                        under paragraph 11.3 of the Arizona Water 
                        Settlement Agreement among the United States, 
                        the State, and CAWCD, as authorized by 
                        paragraphs (1) and (2) of section 106(a) of the 
                        Central Arizona Project Settlement Act of 2004 
                        (Public Law 108-451; 118 Stat. 3492), is 
                        allocated to the Navajo Nation on the 
                        Enforceability Date.
            (2) Allocation to hopi tribe and amendment to cibola 
        contract.--
                    (A) Arizona hopi tribe upper basin colorado river 
                water.--
                            (i) State agreement.--Pursuant to 
                        subparagraph 5.7.1 of the Settlement Agreement, 
                        the State has expressly agreed to the 
                        allocation described in clause (ii).
                            (ii) Allocation.--2,300 AFY of Upper Basin 
                        Colorado River Water is allocated to the Hopi 
                        Tribe on the Enforceability Date.
                    (B) Hopi tribe cibola water.--Pursuant to 
                subparagraph 5.8.1 of the Settlement Agreement, the 
                State has recommended the amendment of the existing 
                Hopi Tribe Cibola Contract to reduce the Fourth 
                Priority Water diversion entitlement of the Hopi Tribe 
                to 4,178 AFY, and to provide for additional Uses and 
                places of Use of Hopi Tribe Cibola Water, effective on 
                the Enforceability Date.
    (b) Colorado River Water Use and Storage.--
            (1) In general.--
                    (A) Navajo nation upper basin colorado river water 
                and hopi tribe upper basin colorado river water.--
                Navajo Nation Upper Basin Colorado River Water and Hopi 
                Tribe Upper Basin Colorado River Water may be used at 
                any location within the State.
                    (B) Navajo nation cibola water, navajo nation 
                fourth priority water, and hopi tribe cibola water.--
                Navajo Nation Cibola Water, Navajo Nation Fourth 
                Priority Water, and Hopi Tribe Cibola Water may be used 
                at any location within the State.
                    (C) Storage in arizona.--
                            (i) In general.--Navajo Nation Upper Basin 
                        Colorado River Water, Navajo Nation Cibola 
                        Water, Navajo Nation Fourth Priority Water, 
                        Hopi Tribe Upper Basin Colorado River Water, 
                        and Hopi Tribe Cibola Water may be stored at 
                        underground storage facilities or Groundwater 
                        savings facilities located--
                                    (I) within the Navajo Reservation 
                                in accordance with Navajo law, or State 
                                law if mutually agreed to by the Navajo 
                                Nation and the State;
                                    (II) within the Hopi Reservation in 
                                accordance with Hopi law, or State law 
                                if mutually agreed to by the Hopi Tribe 
                                and the State;
                                    (III) on any other Indian 
                                reservation located in the State in 
                                accordance with applicable law; and
                                    (IV) within the State and outside 
                                of any Indian reservation in accordance 
                                with State law.
                            (ii) Storage credits.--
                                    (I) In general.--The Navajo Nation 
                                and the Hopi Tribe may assign any long-
                                term storage credits accrued as a 
                                result of storage under clause (i) in 
                                accordance with applicable law.
                                    (II) Storage pursuant to tribal 
                                law.--Any water stored pursuant to 
                                Tribal law may only be recovered on the 
                                Indian reservation where the water was 
                                stored.
                    (D) Transportation of water through the cap 
                system.--The Navajo Nation or the Hopi Tribe may 
                transport Navajo Nation Upper Basin Colorado River 
                Water, Navajo Nation Cibola Water, Navajo Nation Fourth 
                Priority Water, Hopi Tribe Upper Basin Colorado River 
                Water, and Hopi Tribe Cibola Water through the CAP 
                system for storage or Use in accordance with all laws 
                of the United States and the agreements between the 
                United States and CAWCD governing the Use of the CAP 
                system to transport water other than CAP Water, subject 
                to payment of applicable charges.
            (2) Storage in new mexico.--
                    (A) In general.--The Navajo Nation may store its 
                Navajo Nation Upper Basin Colorado River Water, Navajo 
                Nation Cibola Water, and Navajo Nation Fourth Priority 
                Water at the Navajo Reservoir and the Frank Chee 
                Willetto, Sr. Reservoir in New Mexico, subject to the 
                condition that the water stored at the Navajo Reservoir 
                or the Frank Chee Willetto, Sr. Reservoir is 
                subsequently transported to the State for Use in the 
                State.
                    (B) Credit against upper basin colorado river 
                water.--
                            (i) In general.--Any storage of Navajo 
                        Nation Upper Basin Colorado River Water in the 
                        Navajo Reservoir or the Frank Chee Willetto, 
                        Sr. Reservoir shall be credited against Upper 
                        Basin Colorado River Water in the year in which 
                        the diversions for storage in the Reservoir 
                        occurs.
                            (ii) Accounting.--Water described in clause 
                        (i) shall be accounted for and reported by the 
                        Secretary separately from any other water 
                        stored in the Navajo Reservoir or the Frank 
                        Chee Willetto, Sr. Reservoir.
                    (C) Credit against state apportionment of lower 
                basin colorado river water.--
                            (i) In general.--Any storage of Navajo 
                        Nation Cibola Water or Navajo Nation Fourth 
                        Priority Water in the Navajo Reservoir or the 
                        Frank Chee Willetto, Sr. Reservoir shall be 
                        credited against the apportionment of the State 
                        of Lower Basin Colorado River Water in the year 
                        in which the diversion for storage in the 
                        Navajo Reservoir or Frank Chee Willetto, Sr. 
                        Reservoir occurs.
                            (ii) Accounting.--Water described in clause 
                        (i) shall be accounted for and reported by the 
                        Secretary separately from any other water 
                        stored in the Navajo Reservoir or the Frank 
                        Chee Willetto, Sr. Reservoir.
            (3) No use outside arizona.--
                    (A) Navajo nation.--The Navajo Nation--
                            (i) may divert its Navajo Nation Upper 
                        Basin Colorado River Water, Navajo Nation 
                        Cibola Water, and Navajo Nation Fourth Priority 
                        Water in the State, New Mexico, and Utah; and
                            (ii) with the exception of storage in the 
                        Navajo Reservoir and Frank Chee Willetto, Sr. 
                        Reservoir in New Mexico under paragraph (2), 
                        may not use, lease, exchange, forbear, or 
                        otherwise transfer any of the water for Use 
                        directly or indirectly outside of the State.
                    (B) Hopi tribe.--The Hopi Tribe--
                            (i) may divert its Hopi Tribe Upper Basin 
                        Colorado River Water and Hopi Tribe Cibola 
                        Water in the State; and
                            (ii) may not use, lease, exchange, forbear, 
                        or otherwise transfer any of the water 
                        described in clause (i) for Use directly or 
                        indirectly outside of the State.
            (4) Storage contract requirements.--
                    (A) In general.--All contracts to store Navajo 
                Nation Upper Basin Colorado River Water, Navajo Nation 
                Cibola Water, Navajo Nation Fourth Priority Water, Hopi 
                Tribe Upper Basin Colorado River Water or Hopi Tribe 
                Cibola Water shall identify--
                            (i) the place of storage of the water;
                            (ii) the mechanisms for delivery of the 
                        water; and
                            (iii) each point of diversion under the 
                        applicable contract.
                    (B) Conflicts.--A contract to store Navajo Nation 
                Upper Basin Colorado River Water, Navajo Nation Cibola 
                Water, Navajo Nation Fourth Priority Water, Hopi Tribe 
                Upper Basin Colorado River Water, or Hopi Tribe Cibola 
                Water shall not conflict with the Settlement Agreement 
                or this Act.
    (c) Water Delivery Contracts.--The Secretary shall enter into the 
following water delivery contracts, which shall be without limit as to 
term:
            (1) Navajo nation water delivery contracts for navajo 
        nation upper basin colorado river water.--
                    (A) In general.--The Secretary shall enter into a 
                water delivery contract with the Navajo Nation for 
                Navajo Nation Upper Basin Colorado River Water in 
                accordance with the Settlement Agreement, which shall 
                provide for, among other things--
                            (i) the delivery of up to 44,700 AFY of 
                        Navajo Nation Upper Basin Colorado River Water;
                            (ii) 1 or more points of diversion in the 
                        State, New Mexico, and Utah;
                            (iii) 1 or more storage locations at any 
                        place within the State and in the Navajo 
                        Reservoir and the Frank Chee Willetto, Sr. 
                        Reservoir in New Mexico;
                            (iv) Use at any location within the State; 
                        and
                            (v) delivery of Navajo Nation Upper Basin 
                        Colorado River Water to the Navajo Nation's 
                        lessees and exchange partners in the Upper 
                        Basin and the Lower Basin within the State.
                    (B) Existing water service contract.--
                            (i) In general.--Water Service Contract No. 
                        09-WC-40-318 between the United States and the 
                        Navajo Nation dated December 23, 2009, for the 
                        delivery of up to 950 AFY of water from Lake 
                        Powell to the Navajo Nation for municipal and 
                        industrial Use within the Community of LeChee 
                        shall be replaced with a Navajo Nation Water 
                        Delivery Contract for the delivery of Navajo 
                        Nation Upper Basin Colorado River Water that 
                        complies with subparagraph (A).
                            (ii) Termination.--As provided in the 
                        Settlement Agreement, on the Enforceability 
                        Date, the water service contract described in 
                        clause (i) shall terminate.
            (2) Navajo nation water delivery contract for navajo nation 
        cibola water.--The Secretary shall enter into a water delivery 
        contract with the Navajo Nation for the Navajo Nation Cibola 
        Water in accordance with the Settlement Agreement, which shall 
        provide for, among other things--
                    (A)(i) the diversion of up to 100 AFY at the 
                location and for the same Uses described in the Hopi 
                Tribe Existing Cibola Contract; or
                    (ii) delivery and consumptive use of up to 71.5 AFY 
                at locations and for Uses within the State other than 
                as described in the Hopi Tribe Existing Cibola 
                Contract;
                    (B) 1 or more points of diversion in the State, New 
                Mexico, and Utah;
                    (C) storage in any location within the State and in 
                the Navajo Reservoir and the Frank Chee Willetto, Sr. 
                Reservoir in New Mexico;
                    (D) Use at any location within the State;
                    (E) delivery of Navajo Nation Cibola Water to the 
                Navajo Nation's lessees and exchange partners in the 
                Upper Basin and the Lower Basin within the State; and
                    (F) curtailment as provided in subsection (e).
            (3) Navajo nation water delivery contract for navajo nation 
        fourth priority water.--The Secretary shall enter into a water 
        delivery contract with the Navajo Nation for Navajo Nation 
        Fourth Priority Water in accordance with the Settlement 
        Agreement, which shall provide for, among other things--
                    (A) delivery of up to 3,500 AFY of Navajo Nation 
                Fourth Priority Water;
                    (B) 1 or more points of diversion in the State, New 
                Mexico, and Utah;
                    (C) storage in any location within the State and in 
                the Navajo Reservoir and the Frank Chee Willetto, Sr. 
                Reservoir in New Mexico;
                    (D) Use at any location within the State;
                    (E) delivery of Navajo Nation Fourth Priority Water 
                to the Navajo Nation's lessees and exchange partners in 
                the Upper Basin and the Lower Basin within the State; 
                and
                    (F) curtailment as provided in subsection (e).
            (4) Hopi tribe delivery contracts for hopi tribe upper 
        basin colorado river water.--The Secretary shall enter into a 
        water delivery contract with the Hopi Tribe for Hopi Tribe 
        Upper Basin Colorado River Water in accordance with the 
        Settlement Agreement, which shall provide for, among other 
        things--
                    (A) the delivery of up to 2,300 AFY of Hopi Tribe 
                Upper Basin Colorado River Water;
                    (B) 1 or more points of diversion in the State, 
                including Lake Powell;
                    (C) 1 or more storage locations at any place within 
                the State;
                    (D) Use at any location within the State; and
                    (E) delivery of Hopi Tribe Upper Basin Colorado 
                River Water to the Hopi Tribe's lessees and exchange 
                partners in the Upper Basin and the Lower Basin within 
                the State.
            (5) Hopi tribe water delivery contract for hopi tribe 
        cibola water.--The Secretary shall enter into a water delivery 
        contact with the Hopi Tribe for Hopi Tribe Cibola Water in 
        accordance with the Settlement Agreement, which shall provide 
        for, among other things--
                    (A) the delivery of up to 4,178 AFY of Fourth 
                Priority water, 750 AFY of Fifth Priority Water, and 
                1,000 AFY of Sixth Priority Water;
                    (B) 1 or more points of diversion in the State, 
                including Lake Powell;
                    (C) storage in any location within the State;
                    (D) Use at any location within the State, 
                consistent with subparagraph 5.8.3 of the Settlement 
                Agreement;
                    (E) delivery of Hopi Tribe Cibola Water to the Hopi 
                Tribe's lessees and exchange partners in the Upper 
                Basin and Lower Basin within the State; and
                    (F) curtailment as provided in subsection (e).
    (d) Requirements and Limitations Applicable to Water Delivery 
Contracts.--The Navajo Nation Water Delivery Contracts and Hopi Tribe 
Water Delivery Contracts shall be subject to the following requirements 
and limitations:
            (1) Except for storage by the Navajo Nation at the Navajo 
        Reservoir and the Frank Chee Willetto, Sr. Reservoir in New 
        Mexico, a water delivery contract shall not permit the Use of 
        the water outside of the State.
            (2) A water delivery contract shall not, either temporarily 
        or permanently, alter or reduce the annual Lower Basin 
        apportionment of the State pursuant to the Boulder Canyon 
        Project Act (43 U.S.C. 617 et seq.) and the Decree, or annual 
        Upper Basin apportionment pursuant to the Upper Colorado River 
        Basin Compact, as ratified and reprinted in article 3 of 
        chapter 7 of title 45, Arizona Revised Statutes.
            (3) Nothing in a water delivery contract shall alter or 
        impair the rights, authorities, and interests of the State 
        under the Boulder Canyon Project Act (43 U.S.C. 617 et seq.), 
        the contract between the United States and the State dated 
        February 9, 1944, the Upper Colorado River Basin Compact of 
        1948, as ratified and reprinted in article 3 of chapter 7 of 
        title 45, Arizona Revised Statutes, or the Decree.
            (4) A water delivery contract shall not limit the ability 
        of the State to seek or advocate changes in the operating 
        rules, criteria, or guidelines of the Colorado River System as 
        those rules, criteria, or guidelines apply to the 
        apportionments of the State from the Upper Basin and the Lower 
        Basin of the Colorado River.
            (5) In the event that a water delivery contract will result 
        in the delivery of Upper Basin Colorado River Water to the 
        Lower Basin or Lower Basin Colorado River Water to the Upper 
        Basin, the Secretary shall confer with the State prior to 
        executing that water delivery contract with respect to--
                    (A) the impact of the water deliveries on the 
                availability of Upper Basin or Lower Basin Colorado 
                River Water within the State;
                    (B) the annual accounting conducted by the Bureau 
                for the water on the Colorado River apportionments of 
                the State in the Upper Basin and Lower Basin; and
                    (C) as appropriate, the impact of the water 
                deliveries on the operations of the Central Arizona 
                Project.
            (6) A water delivery contract shall identify--
                    (A) the place of Use of the water;
                    (B) the purpose of the Use of the water during the 
                term of the contract;
                    (C) the mechanism for delivery of the water; and
                    (D) each point of diversion under the contract.
            (7) A water delivery contract shall not prejudice the 
        interests of the State, or serve as precedent against the 
        State, in any litigation relating to the apportionment, 
        diversion, storage, or Use of water from the Colorado River 
        System.
            (8) In the case of a conflict between a water delivery 
        contract and this Act or the Settlement Agreement, this Act or 
        the Settlement Agreement shall control.
            (9) Any material amendment or modification of a water 
        delivery contract shall comply with, and be subject to, all 
        requirements and limitations for the water delivery contract, 
        as described in the Settlement Agreement and this Act.
            (10) A water delivery contract shall become effective on 
        the Enforceability Date and, once effective, shall be permanent 
        and without limit as to term.
            (11) The United States shall waive Colorado River Storage 
        Project standby charges and delivery charges and annual 
        administration fees for water delivered pursuant to a water 
        delivery contract.
    (e) Curtailment.--
            (1) Navajo nation cibola water and navajo nation fourth 
        priority water.--Delivery of Navajo Nation Cibola Water and 
        Navajo Nation Fourth Priority Water, regardless of the point of 
        diversion, shall be subject to reduction in any year in which a 
        shortage is declared to the same extent as other non-CAP Fourth 
        Priority Water.
            (2) Other lower basin colorado river water acquired by the 
        navajo nation.--Any other Lower Basin Colorado River Water that 
        the Navajo Nation may acquire shall be subject to reduction in 
        any year in which a shortage is declared in accordance with 
        criteria applied by the Secretary to water of the same 
        priority.
            (3) Hopi tribe cibola water.--
                    (A) Fourth priority.--Delivery of Hopi Tribe Cibola 
                Water of fourth priority, regardless of the point of 
                diversion, shall be subject to reduction in any year in 
                which a shortage is declared to the same extent as 
                other non-CAP Fourth Priority Water.
                    (B) Fifth priority.--Delivery of Hopi Tribe Cibola 
                Water of fifth priority, regardless of the point of 
                diversion, shall be subject to reduction in any year in 
                which a shortage is declared to the same extent as 
                other Fifth Priority Water.
            (4) Other lower basin colorado river water acquired by the 
        hopi tribe.--Any other Lower Basin Colorado River Water that 
        the Hopi Tribe may acquire shall be subject to reduction in any 
        year in which a shortage is declared in accordance with 
        criteria applied by the Secretary to water of the same 
        priority.
    (f) Use of the Colorado River Mainstream and San Juan River.--
            (1) In general.--The Secretary may use--
                    (A) the Colorado River mainstream and dams and 
                works on the mainstream controlled or operated by the 
                United States, which regulate the flow of water in the 
                mainstream or the diversion of water from the 
                mainstream in the Upper Basin or the Lower Basin to 
                transport and deliver Navajo Nation Upper Basin 
                Colorado River Water, Hopi Tribe Upper Basin Colorado 
                River Water, Navajo Nation Cibola Water, Navajo Nation 
                Fourth Priority Water, and Hopi Tribe Cibola Water; and
                    (B) the San Juan River and the dams and works 
                described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of 
                the Settlement Agreement to transport, store, and 
                deliver Navajo Nation Upper Basin Colorado River Water, 
                Navajo Nation Cibola Water, and Navajo Nation Fourth 
                Priority Water.
            (2) Navajo nation upper basin colorado river water; hopi 
        tribe upper basin colorado river water.--Navajo Nation Upper 
        Basin Colorado River Water or Hopi Tribe Upper Basin Colorado 
        River Water that enters the Lower Basin at Lee Ferry shall--
                    (A) retain its character as Upper Basin Colorado 
                River Water; and
                    (B) be accounted for separately by the Secretary in 
                a manner such that the Navajo Nation Upper Basin 
                Colorado River Water or the Hopi Tribe Upper Basin 
                Colorado River Water is not subject to paragraphs II(A) 
                and II(B) of the Decree.
            (3) San juan river.--Navajo Nation Upper Basin Colorado 
        River Water that enters the San Juan River and the dams and 
        works described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the 
        Settlement Agreement shall retain its character as Upper Basin 
        Colorado River Water, but if Navajo Nation Upper Basin Colorado 
        River Water spills from dams on the San Juan River described in 
        subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settlement 
        Agreement, that water shall become part of the San Juan River 
        system.
    (g) Acquisitions of Energy.--Amounts of energy needed to deliver 
water to the Navajo Nation, the Hopi Tribe, or the San Juan Southern 
Paiute Tribe shall be acquired by the Tribes.
    (h) Reporting by Navajo Nation and Hopi Tribe.--
            (1) Navajo nation.--
                    (A) In general.--Beginning on March 1 of the first 
                year following the year in which the Enforceability 
                Date occurs, and on March 1 of each year thereafter, 
                the Navajo Nation shall submit to the Arizona 
                Department of Water Resources a report describing--
                            (i) the annual diversion amount, point of 
                        diversion, and places of Use of Navajo Nation 
                        Upper Basin Colorado River Water;
                            (ii) the annual diversion amount, point of 
                        diversion, and places of Use of Navajo Nation 
                        Cibola Water;
                            (iii) the annual diversion amount, point of 
                        diversion, and places of Use of Navajo Nation 
                        Fourth Priority Water;
                            (iv) the location and annual amount of any 
                        off-Reservation storage of Navajo Nation Upper 
                        Basin Colorado River Water, Navajo Nation 
                        Cibola Water, and Navajo Nation Fourth Priority 
                        Water;
                            (v) the amount of an off-Reservation 
                        exchange involving Navajo Nation Upper Basin 
                        Colorado River Water, Navajo Nation Cibola 
                        Water, and Navajo Nation Fourth Priority Water; 
                        and
                            (vi) the location and annual amount of 
                        Navajo Nation Upper Basin Colorado River Water, 
                        Navajo Nation Cibola Water, and Navajo Nation 
                        Fourth Priority Water leased off-Reservation.
                    (B) Measurement of diverted water.--
                            (i) In general.--In order to accurately 
                        measure the flow of water diverted in the Upper 
                        Basin for Use by the Navajo Nation in the 
                        State, the Navajo Nation shall install suitable 
                        measuring devices at or near each point of 
                        diversion of Navajo Nation Upper Basin Colorado 
                        River Water, Navajo Nation Cibola Water, and 
                        Navajo Nation Fourth Priority Water from the 
                        Colorado River's mainstem in the Upper Basin 
                        and the San Juan River in the Upper Basin.
                            (ii) Notification.--The Navajo Nation shall 
                        notify the Arizona Department of Water 
                        Resources, in writing, of any annual reporting 
                        conflicts between the Bureau, the Navajo 
                        Nation, or the Upper Colorado River Commission 
                        prior to the completion by the Bureau of the 
                        annual ``Colorado River Accounting and Water 
                        Use Report for the Lower Basin''.
            (2) Hopi tribe.--
                    (A) In general.--Beginning on March 1 of the first 
                year following the year in which the Enforceability 
                Date occurs, and on March 1 of each year thereafter, 
                the Hopi Tribe shall submit to the Arizona Department 
                of Water Resources a report describing--
                            (i) the annual diversion amount, point of 
                        diversion, and places of Use of Hopi Tribe 
                        Upper Basin Colorado River Water;
                            (ii) the annual diversion amount, point of 
                        diversion, and places of Use of Hopi Tribe 
                        Cibola Water;
                            (iii) the location and annual amount of any 
                        off-Reservation storage of Hopi Tribe Upper 
                        Basin Colorado River Water and Hopi Tribe 
                        Cibola Water;
                            (iv) the amount of an off-Reservation 
                        exchange involving Hopi Tribe Upper Basin 
                        Colorado River Water or Hopi Tribe Cibola 
                        Water; and
                            (v) the location and annual amount of Hopi 
                        Tribe Upper Basin Colorado River Water and Hopi 
                        Tribe Cibola Water leased off-Reservation.
                    (B) Measurement of diverted water.--
                            (i) In general.--In order to accurately 
                        measure the flow of water diverted in the Upper 
                        Basin for Use by the Hopi Tribe in the State, 
                        the Hopi Tribe shall install suitable measuring 
                        devices at or near each point of diversion of 
                        Hopi Tribe Upper Basin Colorado River Water and 
                        Hopi Tribe Cibola Water from the Colorado 
                        River's mainstem in the Upper Basin.
                            (ii) Notification.--The Hopi Tribe shall 
                        notify the Arizona Department of Water 
                        Resources, in writing, of any annual reporting 
                        conflicts between the Bureau, the Hopi Tribe, 
                        or the Upper Colorado River Commission prior to 
                        the completion by the Bureau of the annual 
                        ``Colorado River Accounting and Water Use 
                        Report for the Lower Basin''.

SEC. 7. COLORADO RIVER WATER LEASES AND EXCHANGES; USES.

    (a) In General.--Subject to approval by the Secretary--
            (1) the Navajo Nation may enter into leases, or options to 
        lease, or exchanges, or options to exchange, Navajo Nation 
        Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
        and Navajo Nation Fourth Priority Water, for Use and storage in 
        the State, in accordance with the Settlement Agreement and all 
        applicable Federal and State laws governing the transfer of 
        Colorado River Water entitlements within the State; and
            (2) the Hopi Tribe may enter into leases, or options to 
        lease, or exchanges, or options to exchange, Hopi Tribe Upper 
        Basin Colorado River Water and Hopi Tribe Cibola Water for Use 
        and storage in the State, in accordance with the Settlement 
        Agreement and all applicable Federal and State laws governing 
        the transfer of Colorado River Water entitlements within the 
        State.
    (b) Terms of Leases and Exchanges.--
            (1) On-reservation leasing.--
                    (A) In general.--The Navajo Nation may lease the 
                Navajo Nation Upper Basin Colorado River Water, the 
                Navajo Nation Cibola Water, and the Navajo Nation 
                Fourth Priority Water for Use or storage on the Navajo 
                Reservation and the Hopi Tribe may lease Hopi Tribe 
                Upper Basin Colorado River Water and Hopi Tribe Cibola 
                Water for Use or storage on the Hopi Reservation.
                    (B) Requirements.--A lease or option to lease under 
                subparagraph (A) shall be subject to--
                            (i) the leasing regulations of the Navajo 
                        Nation or Hopi Tribe, as applicable; and
                            (ii) subsections (a) and (e) of the first 
                        section of the Act of August 9, 1955 (69 Stat. 
                        539, chapter 615; 25 U.S.C. 415) (commonly 
                        known as the ``Long-Term Leasing Act'').
            (2) Exchanges and off-reservation leasing.--
                    (A) Navajo nation leasing.--Subject to approval by 
                the Secretary for an off-Reservation lease, the Navajo 
                Nation may lease Navajo Nation Upper Basin Colorado 
                River Water, Navajo Nation Cibola Water, and Navajo 
                Nation Fourth Priority Water for Use or storage off of 
                the Navajo Reservation anywhere within the State, in 
                accordance with the Settlement Agreement and all 
                applicable Federal and State laws governing the 
                transfer of Colorado River Water within the State.
                    (B) Hopi tribe leasing.--Subject to approval by the 
                Secretary for an off-Reservation lease, the Hopi Tribe 
                may lease Hopi Tribe Upper Basin Colorado River Water 
                and Hopi Tribe Cibola Water for Use or storage off of 
                the Hopi Reservation anywhere within the State, in 
                accordance with the Settlement Agreement and all 
                applicable Federal and State laws governing the 
                transfer of Colorado River Water within the State.
                    (C) Term of leases and exchanges.--
                            (i) Leases.--A contract to lease and an 
                        option to lease off of the Reservation under 
                        subparagraph (A) or (B), as applicable, shall 
                        be for a term not to exceed 100 years.
                            (ii) Exchanges.--An exchange or option to 
                        exchange shall be for the term provided for in 
                        the exchange or option, as applicable.
                    (D) Renegotiation; renewal.--The Navajo Nation and 
                the Hopi Tribe may, with the approval of the Secretary, 
                renegotiate any lease described in subparagraph (A) or 
                (B), as applicable, at any time during the term of that 
                lease, subject to the condition that the term of the 
                renegotiated lease off of the Reservation may not 
                exceed 100 years.
            (3) Requirements for all contracts to lease and contracts 
        to exchange.--All contracts to lease or exchange Navajo Nation 
        Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
        Navajo Nation Fourth Priority Water, Hopi Tribe Upper Colorado 
        River Water, and Hopi Tribe Cibola Water shall--
                    (A) identify the places of Use of the water, the 
                purpose of the Uses of the water during the term of the 
                contract, the mechanisms for delivery of the water, and 
                each point of diversion under the contract; and
                    (B) provide that the water received from the Navajo 
                Nation or the Hopi Tribe, as applicable, shall be used 
                in accordance with applicable law.
            (4) No conflict with settlement agreement or this act.--A 
        contract to lease or exchange Navajo Nation Upper Basin 
        Colorado River Water, Navajo Nation Cibola Water, Navajo Nation 
        Fourth Priority Water, Hopi Tribe Upper Basin Colorado River 
        Water, or Hopi Tribe Cibola Water shall not conflict with the 
        Settlement Agreement or this Act.
    (c) Prohibition on Permanent Alienation.--No Navajo Nation Upper 
Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation 
Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, or 
Hopi Tribe Cibola Water may be permanently alienated.
    (d) Entitlement to Lease and Exchange Monies.--
            (1) Entitlement.--The Navajo Nation or the Hopi Tribe, as 
        applicable, shall be entitled to all consideration due to the 
        Navajo Nation or Hopi Tribe under any lease, option to lease, 
        exchange, or option to exchange Navajo Nation Upper Basin 
        Colorado River Water, Navajo Nation Cibola Water, Navajo Nation 
        Fourth Priority Water, Hopi Tribe Upper Basin Colorado River 
        Water, or Hopi Tribe Cibola Water entered into by the Navajo 
        Nation or the Hopi Tribe.
            (2) Exclusion.--The United States shall not, in any 
        capacity, be entitled to the consideration described in 
        paragraph (1).
            (3) Obligation of the united states.--The United States 
        shall not, in any capacity, have any trust or other obligation 
        to monitor, administer, or account for, in any manner, any 
        funds received by the Navajo Nation or the Hopi Tribe as 
        consideration under any lease, option to lease, exchange, or 
        option to exchange Navajo Nation Upper Basin Colorado River 
        Water, Navajo Nation Cibola Water, Navajo Nation Fourth 
        Priority Water, Hopi Tribe Upper Basin Colorado River Water, 
        and Hopi Tribe Cibola Water entered into by the Navajo Nation 
        or the Hopi Tribe.
    (e) Delivery of Colorado River Water to Lessees.--All lessees of 
Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola 
Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
Colorado River Water, and Hopi Tribe Cibola Water shall pay all OM&R 
charges, all energy charges, and all other applicable charges 
associated with the delivery of the leased water.
    (f) Delivery of Colorado River Water Through the CAP System.--
            (1) Cawcd approval.--The Navajo Nation, the Hopi Tribe, or 
        any person who leases Navajo Nation Upper Basin Colorado River 
        Water, Navajo Nation Cibola Water, Navajo Nation Fourth 
        Priority Water, Hopi Tribe Upper Basin Colorado River Water, 
        and Hopi Tribe Cibola Water under subsection (a) may transport 
        that Navajo Nation Upper Basin Colorado River Water, Navajo 
        Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi 
        Tribe Upper Basin Colorado River Water, or Hopi Tribe Cibola 
        Water, as applicable, through the CAP system in accordance with 
        all laws of the United States and the agreements between the 
        United States and CAWCD governing the use of the CAP system to 
        transport water other than CAP water, and other applicable 
        charges.
            (2) Lessee responsibility for charges.--Any lease or option 
        to lease providing for the temporary delivery of Navajo Nation 
        Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
        Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
        Colorado River Water, and Hopi Tribe Cibola Water through the 
        CAP system shall require the lessee to pay the CAP operating 
        agency all CAP fixed OM&R charges and all CAP pumping energy 
        charges associated with the delivery of the leased water, and 
        other applicable charges.
            (3) No responsibility for payment.--The Navajo Nation, the 
        Hopi Tribe, and the United States acting in any capacity shall 
        not be responsible for the payment of any charges associated 
        with the delivery of Colorado River Water leased to others.
            (4) Payment in advance.--No leased Navajo Nation Upper 
        Basin Colorado River Water, Navajo Nation Cibola Water, Navajo 
        Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado 
        River Water, or Hopi Tribe Cibola Water shall be delivered 
        through the CAP system unless the CAP fixed OM&R charges, the 
        CAP pumping energy charges, and other applicable charges 
        associated with the delivery of that Navajo Nation Upper Basin 
        Colorado River Water, Navajo Nation Cibola Water, Navajo Nation 
        Fourth Priority Water, Hopi Tribe Upper Basin Colorado River 
        Water, or Hopi Tribe Cibola Water, as applicable, have been 
        paid in advance.
            (5) Calculation.--The charges for delivery of Navajo Nation 
        Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
        Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
        Colorado River Water, and Hopi Tribe Cibola Water delivered 
        through the CAP system pursuant to a lease shall be calculated 
        in accordance with the agreements between the United States and 
        CAWCD governing the use of the CAP system to transport water 
        other than CAP water.

SEC. 8. IINA BA - PAA TUWAQAT'SI PIPELINE.

    (a) Iina ba - Paa Tuwaqat'si Pipeline.--
            (1) Planning, design, and construction of the iina ba - paa 
        tuwaqat'si pipeline.--
                    (A) In general.--The Secretary, acting through the 
                Commissioner of Reclamation, shall plan, design, and 
                construct the iina ba - paa tuwaqat'si pipeline.
                    (B) Project construction committee.--As provided in 
                subparagraph 12.1.4 of the Settlement Agreement, the 
                Secretary shall form a Project Construction Committee, 
                which shall include the Navajo Nation, the Hopi Tribe, 
                and the San Juan Southern Paiute Tribe, for purposes of 
                planning and designing the iina ba - paa tuwaqat'si 
                pipeline to provide water delivery to the Navajo 
                Reservation, the Hopi Reservation, and the San Juan 
                Southern Paiute Southern Area.
                    (C) Design.--The iina ba - paa tuwaqat'si pipeline 
                shall be substantially configured as Alternative 5, 
                Option B-100 described in the report of the Bureau 
                entitled ``Navajo-Hopi Value Planning Study--Arizona'' 
                and dated October 2020.
                    (D) Existing components.--The iina ba - paa 
                tuwaqat'si pipeline may include components that have 
                already been built or acquired by the Navajo Nation or 
                the Hopi Tribe as a contribution by the Navajo Nation 
                or the Hopi Tribe towards the cost of planning, 
                designing, and constructing the pipeline.
                    (E) Use of pipeline.--The iina ba - paa tuwaqat'si 
                pipeline shall deliver potable water for domestic, 
                commercial, municipal, and industrial Uses and be 
                capable of delivering from Lake Powell--
                            (i) up to 7,100 AFY of potable Colorado 
                        River Water to the Navajo Nation for Use in 
                        delivering up to 6,750 AFY to serve Navajo 
                        communities and up to 350 AFY to serve the San 
                        Juan Southern Paiute Southern Area; and
                            (ii) up to 3,076 AFY of potable Colorado 
                        River Water to the Hopi Tribe for Use in 
                        delivering up to 3,076 AFY to serve Hopi 
                        communities.
                    (F) Commencement of construction.--Construction of 
                the iina ba - paa tuwaqat'si pipeline shall commence 
                after environmental compliance, design, construction 
                phasing, cost estimating, and value engineering have 
                occurred and the phasing of construction has been 
                agreed by the Secretary, the Navajo Nation, and the 
                Hopi Tribe, with the Secretary deciding on phasing if 
                an agreement is not reached.
            (2) Ownership.--
                    (A) In general.--The iina ba - paa tuwaqat'si 
                pipeline shall be owned by the United States during 
                construction of the iina ba - paa tuwaqat'si pipeline.
                    (B) Transfer of ownership.--On substantial 
                completion of all or a phase of the iina ba - paa 
                tuwaqat'si pipeline, in accordance with paragraph (3), 
                the Secretary shall--
                            (i) transfer title to the applicable 
                        section of the iina ba - paa tuwaqat'si 
                        pipeline on the Navajo Reservation, except that 
                        section that lies on the Navajo Reservation 
                        between Moenkopi and the boundary of the 1882 
                        Reservation, to the Navajo Nation; and
                            (ii) transfer title to the applicable 
                        section of the iina ba - paa tuwaqat'si 
                        pipeline on the Hopi Reservation, and the 
                        section of the iina ba - paa tuwaqat'si 
                        pipeline that lies on the Navajo Reservation 
                        between Moenkopi and the boundary of the 1882 
                        Reservation and the right-of-way for that 
                        section of the iina ba - paa tuwaqat'si 
                        pipeline, to the Hopi Tribe.
            (3) Substantial completion.--
                    (A) In general.--The Secretary shall determine that 
                the iina ba - paa tuwaqat'si pipeline or a phase of the 
                iina ba - paa tuwaqat'si pipeline is substantially 
                complete after consultation with the Navajo Nation and 
                the Hopi Tribe.
                    (B) Substantial completion described.--Substantial 
                completion of the iina ba - paa tuwaqat'si pipeline 
                project or a phase of the iina ba - paa tuwaqat'si 
                pipeline project occurs when the infrastructure 
                constructed is capable of storing, diverting, treating, 
                transmitting, and distributing a supply of water as set 
                forth in the final project design described in 
                subsection (a)(1)(C).
            (4) Operation.--
                    (A) Project operation committee.--The Secretary 
                shall form a Project Operation Committee, which shall 
                include the Navajo Nation and the Hopi Tribe--
                            (i) to develop a project operations 
                        agreement to be executed by the Navajo Nation, 
                        the Hopi Tribe, and the Secretary prior to 
                        substantial completion of any phase of the iina 
                        ba - paa tuwaqat'si pipeline that will provide 
                        water to the Navajo Nation and the Hopi Tribe; 
                        and
                            (ii) to describe all terms and conditions 
                        necessary for long-term operations of the iina 
                        ba - paa tuwaqat'si pipeline, including--
                                    (I) distribution of water;
                                    (II) responsibility for maintenance 
                                of the iina ba - paa tuwaqat'si 
                                pipeline or section of the iina ba - 
                                paa tuwaqat'si pipeline;
                                    (III) the allocation and payment of 
                                annual OM&R costs of the iina ba - paa 
                                tuwaqat'si pipeline or section of the 
                                iina ba - paa tuwaqat'si pipeline based 
                                on the proportionate uses and ownership 
                                of the iina ba - paa tuwaqat'si 
                                pipeline; and
                                    (IV) a right to sue in a district 
                                court of the United States to enforce 
                                the project operations agreement.
                    (B) Navajo tribe operation.--The Navajo Nation 
                shall operate the section of the iina ba - paa 
                tuwaqat'si pipeline that delivers water to the Navajo 
                communities, other than Coal Mine Mesa, and that may 
                deliver water through the iina ba - paa tuwaqat'si 
                pipeline to the San Juan Southern Paiute Tribe.
                    (C) Hopi tribe operation.--The Hopi Tribe shall 
                operate the section of the iina ba - paa tuwaqat'si 
                pipeline that delivers water to Moenkopi, the 1882 
                Reservation, and the Navajo community of Coal Mine 
                Mesa.
    (b) Tribal Easements and Rights-of-way.--
            (1) In general.--In partial consideration for the funding 
        provided under section 13, the Navajo Nation, the Hopi Tribe, 
        and the San Juan Southern Paiute Tribe shall each timely 
        consent to the grant of rights-of-way as described in, and in 
        accordance with, subparagraphs 12.5.1, 12.5.2, and 12.5.3 of 
        the Settlement Agreement.
            (2) Legal devices.--With the consent of each affected 
        Tribe, the Secretary may enter into legal devices, other than 
        rights-of-way, such as construction corridors, when operating 
        within the jurisdiction of the Navajo Nation, Hopi Tribe, or 
        San Juan Southern Paiute Tribe in furtherance of the planning, 
        design, and construction of the iina ba - paa tuwaqat'si 
        pipeline.
            (3) Authorization and granting of rights-of-way.--The 
        Secretary shall grant the rights-of-way consented to by the 
        Tribes under paragraph (1).

SEC. 9. IINA BA - PAA TUWAQAT'SI PIPELINE IMPLEMENTATION FUND ACCOUNT.

    (a) Establishment.--The Secretary shall establish a non-trust, 
interest-bearing account, to be known as the ``iina ba - paa tuwaqat'si 
pipeline Implementation Fund Account'', to be managed and distributed 
by the Secretary, for use by the Secretary in carrying out this Act.
    (b) Deposits.--The Secretary shall deposit in the iina ba - paa 
tuwaqat'si pipeline Implementation Fund Account the amounts made 
available pursuant to section 13(a)(1).
    (c) Uses.--The iina ba - paa tuwaqat'si pipeline Implementation 
Fund Account shall be used by the Secretary to carry out section 8.
    (d) Interest.--In addition the amounts deposited in the iina ba - 
paa tuwaqat'si pipeline Implementation Fund Account under subsection 
(b), any investment earnings, including interest credited to amounts 
unexpended in the iina ba - paa tuwaqat'si pipeline Implementation Fund 
Account, are authorized to be appropriated to be used in accordance 
with the uses described in subsection (c).

SEC. 10. NAVAJO NATION WATER SETTLEMENT TRUST FUND.

    (a) Establishment.--The Secretary shall establish a trust fund for 
the Navajo Nation, to be known as the ``Navajo Nation Water Settlement 
Trust Fund,'' to be managed, invested, and distributed by the Secretary 
and to remain available until expended, withdrawn, or reverted to the 
general fund of the Treasury, consisting of the amounts deposited in 
the Navajo Nation Water Settlement Trust Fund under subsection (c), 
together with any investment earnings, including interest, earned on 
those amounts, for the purpose of carrying out this Act.
    (b) Accounts.--The Secretary shall establish in the Navajo Nation 
Water Settlement Trust Fund the following accounts:
            (1) The Navajo Nation Water Projects Trust Fund Account.
            (2) The Navajo Nation OM&R Trust Fund Account.
            (3) The Navajo Nation Agricultural Conservation Trust Fund 
        Account.
            (4) The Navajo Nation Renewable Energy Trust Fund Account.
            (5) The Navajo Nation Lower Basin Colorado River Water 
        Acquisition Trust Fund Account.
    (c) Deposits.--The Secretary shall deposit--
            (1) in the Navajo Nation Water Projects Trust Fund Account, 
        the amounts made available pursuant to subparagraph (A)(i) of 
        section 13(b)(3);
            (2) in the Navajo Nation OM&R Trust Fund Account, the 
        amounts made available pursuant to subparagraph (A)(ii) of that 
        section;
            (3) in the Navajo Nation Agricultural Conservation Trust 
        Fund Account, the amounts made available pursuant to 
        subparagraph (A)(iii) of that section;
            (4) in the Navajo Nation Renewable Energy Trust Fund 
        Account, the amounts made available pursuant to subparagraph 
        (A)(iv) of that section; and
            (5) in the Navajo Nation Lower Basin Colorado River Water 
        Acquisition Trust Fund Account, the amounts made available 
        pursuant to subparagraph (A)(v) of that section.
    (d) Management and Interest.--
            (1) Management.--On receipt and deposit of the funds into 
        the accounts in the Navajo Nation Water Settlement Trust Fund 
        Accounts pursuant to subsection (c), the Secretary shall 
        manage, invest, and distribute all amounts in the Navajo Nation 
        Water Settlement Trust Fund in a manner that is consistent with 
        the investment authority of the Secretary under--
                    (A) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a);
                    (B) the American Indian Trust Fund Management 
                Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
                    (C) this subsection.
            (2) Investment earnings.--In addition to the deposits made 
        to the Navajo Nation Water Settlement Trust Fund under 
        subsection (c), any investment earnings, including interest, 
        credited to amounts held in the Navajo Nation Water Settlement 
        Trust Fund are authorized to be appropriated to be used in 
        accordance with subsection (f).
    (e) Withdrawals.--
            (1) American indian trust fund management reform act of 
        1994.--
                    (A) In general.--The Navajo Nation may withdraw any 
                portion of the amounts in the Navajo Nation Water 
                Settlement Trust Fund on approval by the Secretary of a 
                Tribal management plan submitted by the Navajo Nation 
                in accordance with the American Indian Trust Fund 
                Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
                    (B) Requirements.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
                management plan under this paragraph shall require that 
                the Navajo Nation spend all amounts withdrawn from the 
                Navajo Nation Water Settlement Trust Fund, and any 
                investment earnings accrued through the investments 
                under the Tribal management plan, in accordance with 
                this Act.
                    (C) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary--
                            (i) to enforce a Tribal management plan; 
                        and
                            (ii) to ensure that amounts withdrawn from 
                        the Navajo Nation Water Settlement Trust Fund 
                        by the Navajo Nation under this paragraph are 
                        used in accordance with this Act.
            (2) Expenditure plan.--
                    (A) In general.--The Navajo Nation may submit to 
                the Secretary a request to withdraw funds from the 
                Navajo Nation Water Settlement Trust Fund pursuant to 
                an approved expenditure plan.
                    (B) Requirements.--To be eligible to withdraw funds 
                under an expenditure plan under this paragraph, the 
                Navajo Nation shall submit to the Secretary for 
                approval an expenditure plan for any portion of the 
                Navajo Nation Water Settlement Trust Fund that the 
                Navajo Nation elects to withdraw pursuant to this 
                paragraph, subject to the condition that the funds 
                shall be used for the purposes described in this Act.
                    (C) Inclusions.--An expenditure plan under this 
                paragraph shall include a description of the manner and 
                purpose for which the amounts proposed to be withdrawn 
                from the Navajo Nation Water Settlement Trust Fund 
                Accounts will be used by the Navajo Nation in 
                accordance with subsection (f).
                    (D) Approval.--On receipt of an expenditure plan 
                under this paragraph, the Secretary shall approve the 
                expenditure plan if the Secretary determines that the 
                expenditure plan--
                            (i) is reasonable; and
                            (ii) is consistent with, and will be used 
                        for, the purposes of this Act.
                    (E) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce an expenditure 
                plan under this paragraph to ensure that amounts 
                disbursed under this paragraph are used in accordance 
                with this Act.
    (f) Uses.--Amounts from the Navajo Nation Water Settlement Trust 
Fund shall be used by the Navajo Nation for the following purposes:
            (1) Navajo nation water projects trust fund account.--
        Amounts in the Navajo Nation Water Projects Trust Fund Account 
        may only be used for the purpose of environmental compliance, 
        planning, engineering activities, and construction of projects 
        designed to deliver potable water to communities, such as 
        Leupp, Dilkon, Ganado, Black Mesa, Sweetwater, Chinle, Lupton/
        Nahata Dziil Area, Kayenta, and Oljato.
            (2) Navajo nation om&r trust fund account.--Amounts in the 
        Navajo Nation OM&R Trust Fund Account may only be used to pay 
        OM&R costs of the Navajo Water projects described in paragraph 
        (1) and the iina ba - paa tuwaqat'si pipeline project.
            (3) Navajo nation agricultural conservation trust fund 
        account.--
                    (A) In general.--Subject to subparagraph (B), 
                amounts in the Navajo Nation Agricultural Conservation 
                Trust Fund Account may only be used to pay the costs of 
                improvements to reduce water shortages on the 
                historically irrigated land of the Navajo Nation, 
                including sprinklers, drip or other efficient 
                irrigation systems, land leveling, wells, pipelines, 
                pumps and storage, stream bank stabilization and 
                restoration, pasture seeding and management, fencing, 
                wind breaks, and alluvial wells.
                    (B) Limitation.--Not more than half of the amounts 
                in the Navajo Nation Agricultural Conservation Trust 
                Fund Account may be used for replacement and 
                development of livestock wells and impoundments on the 
                Navajo Reservation and Navajo Trust Land.
            (4) Navajo nation renewable energy trust fund account.--
        Amounts in the Navajo Nation Renewable Energy Trust Fund 
        Account may only be used to pay the cost of planning, 
        designing, and constructing renewable energy facilities to 
        support the costs of operating the Navajo Nation Water projects 
        and the iina ba - paa tuwaqat'si pipeline.
            (5) Navajo nation lower basin colorado river water 
        acquisition trust fund account.--Amounts in the Navajo Nation 
        Lower Basin Colorado River Water Acquisition Trust Fund Account 
        may only be used to purchase land within the State and 
        associated Lower Basin Colorado River Water Rights.
    (g) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Navajo Nation Water Settlement Trust Fund by the 
Navajo Nation pursuant to subsection (e).
    (h) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from the Navajo Nation Water 
Settlement Trust Fund shall remain in the Navajo Nation.
    (i) Account Transfers.--If the activities described in any of 
paragraphs (1) through (5) of subsection (f) are complete and amounts 
remain in the applicable Trust Fund Account described in those 
paragraphs, the Secretary, at the request of the Navajo Nation, shall 
transfer the remaining amounts to one of the other accounts within the 
Navajo Nation Water Settlement Trust Fund.
    (j) Contributions to the Iina ba - Paa Tuwaqat'si Pipeline.--In its 
sole discretion, the Navajo Nation may use amounts in the Navajo Nation 
Water Settlement Trust Fund to supplement funds in the iina ba - paa 
tuwaqat'si pipeline Implementation Fund Account.
    (k) Annual Report.--The Navajo Nation shall submit to the Secretary 
an annual expenditure report describing accomplishments and amounts 
spent from use of withdrawals under a Tribal management plan approved 
under paragraph (1) of subsection (e) or an expenditure plan approved 
under paragraph (2) of that subsection.
    (l) No Per Capita Payments.--No principal or interest amount in any 
account established by this section shall be distributed to any member 
of the Navajo Nation on a per capita basis.
    (m) Effect.--Nothing in this section entitles the Navajo Nation to 
judicial review of a determination of the Secretary relating to whether 
to approve a Tribal management plan under paragraph (1) of subsection 
(e) or an expenditure plan under paragraph (2) of that subsection, 
except as provided under subchapter II of chapter 5, and chapter 7, of 
title 5, United States Code (commonly known as the ``Administrative 
Procedure Act'').

SEC. 11. HOPI TRIBE SETTLEMENT TRUST FUND.

    (a) Establishment.--The Secretary shall establish a trust fund for 
the Hopi Tribe, to be known as the ``Hopi Tribe Water Settlement Trust 
Fund'', to be managed, invested, and distributed by the Secretary and 
to remain available until expended, withdrawn, or reverted to the 
general fund of the Treasury, consisting of the amounts deposited in 
the Hopi Tribe Water Settlement Trust Fund under subsection (c), 
together with any investment earnings, including interest, earned on 
those amounts, for the purpose of carrying out this Act.
    (b) Accounts.--The Secretary shall establish in the Hopi Tribe 
Water Settlement Trust Fund the following accounts:
            (1) The Hopi Tribe Groundwater Projects Trust Fund Account.
            (2) The Hopi Tribe OM&R Trust Fund Account.
            (3) The Hopi Tribe Agricultural Conservation Trust Fund 
        Account.
            (4) The Hopi Tribe Lower Basin Colorado River Water 
        Acquisition Trust Fund Account.
    (c) Deposits.--The Secretary shall deposit--
            (1) in the Hopi Tribe Groundwater Projects Trust Fund 
        Account, the amounts made available pursuant to clause (i) of 
        section 13(b)(3)(B);
            (2) in the Hopi Tribe OM&R Trust Fund Account, the amounts 
        made available pursuant to clause (ii) of that section;
            (3) in the Hopi Tribe Agricultural Conservation Trust Fund 
        Account, the amounts made available pursuant to clause (iii) of 
        that section; and
            (4) in the Hopi Tribe Lower Basin Colorado River Water 
        Acquisition Trust Fund Account, the amounts made available 
        pursuant to clause (iv) of that section.
    (d) Management and Interest.--
            (1) Management.--On receipt and deposit of the funds into 
        the accounts in the Hopi Tribe Water Settlement Trust Fund 
        pursuant to subsection (c), the Secretary shall manage, invest, 
        and distribute all amounts in the Trust Fund in a manner that 
        is consistent with the investment authority of the Secretary 
        under--
                    (A) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a);
                    (B) the American Indian Trust Fund Management 
                Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
                    (C) this subsection.
            (2) Investment earnings.--In addition to the deposits made 
        to the Hopi Tribe Water Settlement Trust Fund under subsection 
        (c), any investment earnings, including interest, credited to 
        amounts held in accounts of the Hopi Tribe Water Settlement 
        Trust Fund are authorized to be appropriated to be used in 
        accordance with subsection (f).
    (e) Withdrawals.--
            (1) American indian trust fund management reform act of 
        1994.--
                    (A) In general.--The Hopi Tribe may withdraw any 
                portion of the amounts in the Hopi Tribe Water 
                Settlement Trust Fund on approval by the Secretary of a 
                Tribal management plan submitted by the Hopi Tribe in 
                accordance with the American Indian Trust Fund 
                Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
                    (B) Requirements.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
                management plan under this paragraph shall require that 
                the Hopi Tribe spend all amounts withdrawn from the 
                Hopi Tribe Water Settlement Trust Fund Accounts, and 
                any investment earnings accrued through the investments 
                under the Tribal management plan, in accordance with 
                this Act.
                    (C) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary--
                            (i) to enforce a Tribal management plan; 
                        and
                            (ii) to ensure that amounts withdrawn from 
                        the Hopi Tribe Water Settlement Trust Fund by 
                        the Hopi Tribe under this paragraph are used in 
                        accordance with this Act.
            (2) Expenditure plan.--
                    (A) In general.--The Hopi Tribe may submit to the 
                Secretary a request to withdraw funds from the Hopi 
                Tribe Water Settlement Trust Fund pursuant to an 
                approved expenditure plan.
                    (B) Requirements.--To be eligible to withdraw funds 
                under an expenditure plan under this paragraph, the 
                Hopi Tribe shall submit to the Secretary for approval 
                an expenditure plan for any portion of the Hopi Tribe 
                Water Settlement Trust Fund that the Hopi Tribe elects 
                to withdraw pursuant to this paragraph, subject to the 
                condition that the funds shall be used for the purposes 
                described in this Act.
                    (C) Inclusions.--An expenditure plan under this 
                paragraph shall include a description of the manner and 
                purpose for which the amounts proposed to be withdrawn 
                from the Hopi Tribe Water Settlement Trust Fund 
                Accounts will be used by the Hopi Tribe in accordance 
                with subsection (f).
                    (D) Approval.--On receipt of an expenditure plan 
                under this paragraph, the Secretary shall approve the 
                expenditure plan if the Secretary determines that the 
                expenditure plan--
                            (i) is reasonable; and
                            (ii) is consistent with, and will be used 
                        for, the purposes of this Act.
                    (E) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce an expenditure 
                plan under this paragraph to ensure that amounts 
                disbursed under this paragraph are used in accordance 
                with this Act.
    (f) Uses.--Amounts from the Hopi Tribe Water Settlement Trust Fund 
shall be used by the Hopi Tribe for the following purposes:
            (1) The hopi tribe groundwater projects trust fund 
        account.--Amounts in the Hopi Tribe Groundwater Projects Trust 
        Fund Account may only be used for the purpose of environmental 
        compliance, planning, engineering and design activities, and 
        construction to deliver water to Hopi communities.
            (2) The hopi tribe om&r trust fund account.--Amounts in the 
        Hopi Tribe OM&R Trust Fund Account may only be used to pay the 
        OM&R costs of the Hopi Groundwater projects described in 
        paragraph (1) and the iina ba - paa tuwaqat'si pipeline 
        project.
            (3) The hopi tribe agricultural conservation trust fund 
        account.--Amounts in the Hopi Tribe Agricultural Conservation 
        Trust Fund Account may only be used to pay the costs of 
        improvements to reduce water shortages on the historically 
        irrigated land and grazing land of the Hopi Tribe, including 
        sprinklers, drip or other efficient irrigation systems, land 
        leveling, wells, impoundments, pipelines, pumps and storage, 
        stream bank stabilization and restoration, pasture seeding and 
        management, fencing, and wind breaks or alluvial wells, and 
        spring restoration, repair, replacement, and relocation of low 
        technology structures to support Akchin farming, flood-water 
        farming, and other traditional farming practices.
            (4) The hopi tribe lower basin colorado river water 
        acquisition trust fund account.--Amounts in the Hopi Tribe 
        Lower Basin Colorado River Water Acquisition Trust Fund Account 
        may only be used to purchase land within the State and 
        associated Lower Basin Colorado River Water Rights.
    (g) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Hopi Tribe Water Settlement Trust Fund Accounts by 
the Hopi Tribe pursuant to subsection (e).
    (h) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from the Hopi Tribe Water 
Settlement Trust Fund shall remain in the Hopi Tribe.
    (i) Account Transfers.--If the activities described in any of 
paragraphs (1) through (4) of subsection (f) are complete and amounts 
remain in the applicable Trust Fund Account described in those 
paragraphs, the Secretary, at the request of the Hopi Tribe, shall 
transfer the remaining amounts to one of the other accounts within the 
Hopi Tribe Water Settlement Trust Fund.
    (j) Contributions to the Iina ba - Paa Tuwaqat'si Pipeline.--In its 
sole discretion, the Hopi Tribe may use amounts in the Hopi Tribe Water 
Settlement Trust Fund to supplement funds in the iina ba - paa 
tuwaqat'si pipeline Implementation Fund Account.
    (k) Annual Report.--The Hopi Tribe shall submit to the Secretary an 
annual expenditure report describing accomplishments and amounts spent 
from use of withdrawals under a Tribal management plan under paragraph 
(1) of subsection (e) or an expenditure plan under paragraph (2) of 
that subsection.
    (l) No Per Capita Payments.--No principal or interest amount in any 
account established by this section shall be distributed to any member 
of the Hopi Tribe on a per capita basis.
    (m) Effect.--Nothing in this section entitles the Hopi Tribe to 
judicial review of a determination of the Secretary regarding whether 
to approve a Tribal management plan under paragraph (1) of subsection 
(e) or an expenditure plan under paragraph (2) of that subsection, 
except as provided under subchapter II of chapter 5, and chapter 7, of 
title 5, United States Code (commonly known as the ``Administrative 
Procedure Act'').

SEC. 12. SAN JUAN SOUTHERN PAIUTE TRIBE WATER SETTLEMENT TRUST FUND.

    (a) Establishment.--The Secretary shall establish a trust fund for 
the San Juan Southern Paiute Tribe, to be known as the ``San Juan 
Southern Paiute Tribe Water Settlement Trust Fund'', to be managed, 
invested, and distributed by the Secretary and to remain available 
until expended, withdrawn, or reverted to the general fund of the 
Treasury, consisting of the amounts deposited in the Trust Fund 
Accounts under subsection (c), together with any investment earnings, 
including interest, earned on those amounts, for the purpose of 
carrying out this Act.
    (b) Accounts.--The Secretary shall establish in the San Juan 
Southern Paiute Tribe Water Settlement Trust Fund the following 
accounts:
            (1) The San Juan Southern Paiute Tribe Groundwater Projects 
        Trust Fund Account.
            (2) The San Juan Southern Paiute Tribe Agricultural 
        Conservation Trust Fund Account.
            (3) The San Juan Southern Paiute Tribe OM&R Trust Fund 
        Account.
    (c) Deposits.--The Secretary shall deposit--
            (1) in the San Juan Southern Paiute Tribe Groundwater 
        Projects Trust Fund Account, the amounts made available 
        pursuant to clause (i) of section 13(b)(3)(C);
            (2) in the San Juan Southern Paiute Tribe Agricultural 
        Conservation Trust Fund Account, the amounts made available 
        pursuant to clause (iii) of that section; and
            (3) in the San Juan Southern Paiute Tribe OM&R Trust Fund 
        Account, the amounts made available pursuant to clause (ii) of 
        that section.
    (d) Management and Interest.--
            (1) Management.--On receipt and deposit of the funds into 
        the accounts in the San Juan Southern Paiute Water Settlement 
        Trust Fund pursuant to subsection (c), the Secretary shall 
        manage, invest, and distribute all amounts in the San Juan 
        Southern Paiute Trust Fund Accounts in a manner that is 
        consistent with the investment authority of the Secretary 
        under--
                    (A) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a);
                    (B) the American Indian Trust Fund Management 
                Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
                    (C) this subsection.
            (2) Investment earnings.--In addition to the deposits made 
        to the San Juan Southern Paiute Tribe Water Settlement Trust 
        Fund under subsection (c), any investment earnings, including 
        interest, credited to amounts held in accounts of the San Juan 
        Southern Paiute Tribe Water Settlement Trust Fund are 
        authorized to be appropriated to be used in accordance with 
        subsection (f).
    (e) Withdrawals.--
            (1) American indian trust fund management reform act of 
        1994.--
                    (A) In general.--The San Juan Southern Paiute Tribe 
                may withdraw any portion of the amounts in the San Juan 
                Southern Paiute Tribe Water Settlement Trust Fund on 
                approval by the Secretary of a Tribal management plan 
                submitted by the San Juan Southern Paiute Tribe in 
                accordance with the American Indian Trust Fund 
                Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
                    (B) Requirements.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
                management plan under this paragraph shall require that 
                the San Juan Southern Paiute Tribe spend all amounts 
                withdrawn from the San Juan Southern Paiute Tribe Water 
                Settlement Trust Fund, and any investment earnings 
                accrued through the investments under the Tribal 
                management plan, in accordance with this Act.
                    (C) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary--
                            (i) to enforce a Tribal management plan; 
                        and
                            (ii) to ensure that amounts withdrawn from 
                        the San Juan Southern Paiute Tribe Water 
                        Settlement Trust Fund by the San Juan Southern 
                        Paiute Tribe under this paragraph are used in 
                        accordance with this Act.
            (2) Expenditure plan.--
                    (A) In general.--The San Juan Southern Paiute Tribe 
                may submit to the Secretary a request to withdraw funds 
                from the San Juan Southern Paiute Tribe Water 
                Settlement Trust Fund pursuant to an approved 
                expenditure plan.
                    (B) Requirements.--To be eligible to withdraw funds 
                under an expenditure plan under this paragraph, the San 
                Juan Southern Paiute Tribe shall submit to the 
                Secretary for approval an expenditure plan for any 
                portion of the San Juan Southern Paiute Tribe Water 
                Settlement Trust Fund that the San Juan Southern Paiute 
                Tribe elects to withdraw pursuant to this paragraph, 
                subject to the condition that the funds shall be used 
                for the purposes described in this Act.
                    (C) Inclusions.--An expenditure plan under this 
                paragraph shall include a description of the manner and 
                purpose for which the amounts proposed to be withdrawn 
                from the San Juan Southern Paiute Tribe Water 
                Settlement Trust Fund Accounts will be used by the San 
                Juan Southern Paiute Tribe in accordance with 
                subsection (f).
                    (D) Approval.--On receipt of an expenditure plan 
                under this paragraph, the Secretary shall approve the 
                expenditure plan if the Secretary determines that the 
                expenditure plan--
                            (i) is reasonable; and
                            (ii) is consistent with, and will be used 
                        for, the purposes of this Act.
                    (E) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce an expenditure 
                plan under this paragraph to ensure that amounts 
                disbursed under this paragraph are used in accordance 
                with this Act.
    (f) Uses.--Amounts from the San Juan Southern Paiute Tribe Water 
Settlement Trust Fund shall be used by the San Juan Southern Paiute 
Tribe for the following purposes:
            (1) The san juan southern paiute tribe groundwater projects 
        trust fund account.--Amounts in the San Juan Southern Paiute 
        Tribe Groundwater Projects Trust Fund Account may only be used 
        to pay the cost of designing and constructing water projects, 
        including Water treatment facilities, pipelines, storage tanks, 
        pumping stations, pressure reducing valves, electrical 
        transmission facilities, and the other appurtenant items, 
        including real property and easements necessary to deliver 
        water to the areas served.
            (2) The san juan southern paiute tribe agricultural 
        conservation trust fund account.--
                    (A) In general.--Subject to subparagraph (B), 
                amounts in the San Juan Southern Paiute Tribe 
                Agricultural Conservation Trust Fund Account may only 
                be used to pay the costs of improvements to reduce 
                water shortages on the historically irrigated land of 
                the San Juan Southern Paiute Tribe, including 
                sprinklers, drip or other efficient irrigation systems, 
                land leveling, wells, pipelines, pumps and storage, 
                stream bank stabilization and restoration, pasture 
                seeding and management, fencing, wind breaks, and 
                alluvial wells.
                    (B) Limitation.--Not more than half of the amounts 
                in the San Juan Southern Paiute Tribe Agricultural 
                Conservation Trust Fund Account may be used for 
                replacement and development of livestock wells and 
                impoundments on San Juan Southern Paiute Land.
            (3) The san juan southern paiute tribe om&r trust fund 
        account.--Amounts in the San Juan Southern Paiute Tribe OM&R 
        Trust Fund Account may only be used to pay the OM&R costs of 
        the San Juan Southern Paiute Tribe Water projects described in 
        paragraph (1) and for the imputed costs for delivery of water 
        from the iina ba - paa tuwaqat'si pipeline.
    (g) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the San Juan Southern Paiute Tribe Water Settlement 
Trust Fund Accounts by the San Juan Southern Paiute Tribe pursuant to 
subsection (e).
    (h) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from the San Juan Southern 
Paiute Tribe Water Settlement Trust Fund shall remain in the San Juan 
Southern Paiute Tribe.
    (i) Account Transfers.--If the activities described in any of 
paragraphs (1) through (3) of subsection (f) are complete and amounts 
remain in the applicable Trust Fund Account described in those 
paragraphs, the Secretary, at the request of the San Juan Southern 
Paiute Tribe, shall transfer the remaining amounts to one of the other 
accounts within the San Juan Southern Paiute Tribe Water Settlement 
Trust Fund.
    (j) Contributions to the Iina ba - Paa Tuwaqat'si Pipeline.--In its 
sole discretion, the San Juan Southern Paiute Tribe may use amounts in 
the San Juan Southern Paiute Tribe Water Settlement Trust Fund to 
supplement funds in the iina ba - paa tuwaqat'si pipeline 
Implementation Fund Account.
    (k) Annual Report.--The San Juan Southern Paiute Tribe shall submit 
to the Secretary an annual expenditure report describing 
accomplishments and amounts spent from use of withdrawals under a 
Tribal management plan submitted under paragraph (1) of subsection (e) 
or an expenditure plan under paragraph (2) of that subsection.
    (l) No Per Capita Payments.--No principal or interest amount in any 
account established by this section shall be distributed to any member 
of the San Juan Southern Paiute Tribe on a per capita basis.
    (m) Effect.--Nothing in this section entitles the San Juan Southern 
Paiute Tribe to judicial review of a determination of the Secretary 
regarding whether to approve a Tribal management plan under paragraph 
(1) of subsection (e) or an expenditure plan under paragraph (2) of 
that subsection, except as provided under subchapter II of chapter 5, 
and chapter 7, of title 5, United States Code (commonly known as the 
``Administrative Procedure Act'').

SEC. 13. FUNDING.

    (a) Iina ba - Paa Tuwaqat'si Pipeline Implementation Fund 
Account.--
            (1) Mandatory appropriation.--Out of any funds in the 
        Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary $1,715,000,000 for 
        deposit in the iina ba - paa tuwaqat'si pipeline Implementation 
        Fund Account, to carry out the planning, engineering, design, 
        environmental compliance, and construction of the iina ba - paa 
        tuwaqat'si pipeline, to remain available until expended, 
        withdrawn, or reverted to the general fund of the Treasury.
            (2) Availability.--
                    (A) In general.--Except as provided in subparagraph 
                (B), amounts appropriated to and deposited in the iina 
                ba - paa tuwaqat'si pipeline Implementation Fund 
                Account under paragraph (1) shall not be available for 
                expenditure until such time as the Secretarial findings 
                required by section 16(a) are made and published.
                    (B) Exception.--Of the amounts made available under 
                paragraph (1), $25,000,000 shall be made available 
                before the Enforceability Date for the Bureau to carry 
                out environmental compliance and preliminary design of 
                the iina ba - paa tuwaqat'si pipeline, subject to the 
                following:
                            (i) The revision of the Settlement 
                        Agreement and exhibits to conform to this Act.
                            (ii) Execution by all of the required 
                        settlement parties, including the United 
                        States, to the conformed Settlement Agreement 
                        and exhibits, including the waivers and 
                        releases of claims under section 14.
            (3) Additional authorization.--In addition to the amounts 
        made available under paragraph (1), there are authorized to be 
        appropriated to the iina ba - paa tuwaqat'si pipeline 
        Implementation Fund Account such sums as are necessary to 
        complete the construction of the iina ba - paa tuwaqat'si 
        pipeline.
    (b) Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water 
Settlement Trust Fund and the San Juan Southern Paiute Settlement Trust 
Fund.--
            (1) Mandatory appropriation.--Out of any funds in the 
        Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary $3,285,000,000, for 
        deposit in the Navajo Nation Water Settlement Trust Fund, the 
        Hopi Tribe Water Settlement Trust Fund, and the San Juan 
        Southern Paiute Settlement Trust Fund, in accordance with 
        paragraph (3), to remain available until expended, withdrawn, 
        or reverted to the general fund of the Treasury.
            (2) Availability.--Amounts appropriated to and deposited in 
        the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe 
        Water Settlement Trust Fund, and the San Juan Southern Paiute 
        Water Settlement Trust Fund under paragraph (1) shall not be 
        available for expenditure until such time as the Secretarial 
        findings required by section 16(a) are made and published.
            (3) Allocation.--The Secretary shall distribute and deposit 
        the amounts made available under paragraph (1) in accordance 
        with the following:
                    (A) The navajo nation water settlement trust 
                fund.--The Secretary shall deposit in the Navajo Nation 
                Water Settlement Trust Fund $2,746,700,000, to remain 
                available until expended, withdrawn, or reverted to the 
                general fund of the Treasury and to be allocated to the 
                accounts of the Navajo Nation Water Settlement Trust 
                Fund in accordance with the following:
                            (i) The Navajo Nation Water Projects Trust 
                        Fund Account, $2,369,200,000.
                            (ii) The Navajo Nation OM&R Trust Fund 
                        Account, $229,500,000.
                            (iii) The Navajo Nation Agricultural 
                        Conservation Trust Fund Account, $80,000,000.
                            (iv) The Navajo Nation Renewable Energy 
                        Trust Fund Account, $40,000,000.
                            (v) The Navajo Nation Lower Basin Colorado 
                        River Water Acquisition Trust Fund Account, 
                        $28,000,000.
                    (B) The hopi tribe water settlement trust fund.--
                The Secretary shall deposit in the Hopi Tribe Water 
                Settlement Trust Fund $508,500,000, to remain available 
                until expended, withdrawn, or reverted to the general 
                fund of the Treasury and to be allocated to the 
                accounts of the Hopi Tribe Water Settlement Trust Fund 
                in accordance with the following:
                            (i) The Hopi Tribe Groundwater Projects 
                        Trust Fund Account, $390,000,000.
                            (ii) The Hopi Tribe OM&R Trust Fund 
                        Account, $87,000,000.
                            (iii) The Hopi Tribe Agricultural 
                        Conservation Trust Fund Account, $30,000,000.
                            (iv) The Hopi Tribe Lower Basin Colorado 
                        River Water Acquisition Trust Fund Account, 
                        $1,500,000.
                    (C) The san juan southern paiute water settlement 
                trust fund.--The Secretary shall deposit in the San 
                Juan Southern Paiute Water Settlement Trust Fund 
                $29,800,000, to remain available until expended, 
                withdrawn, or reverted to the general fund of the 
                Treasury and to be allocated to the accounts of the San 
                Juan Southern Paiute Water Settlement Trust Fund in 
                accordance with the following:
                            (i) The San Juan Southern Paiute 
                        Groundwater Project Trust Fund Account, 
                        $28,000,000.
                            (ii) The San Juan Southern Paiute OM&R 
                        Trust Fund Account, $1,500,000.
                            (iii) The San Juan Southern Paiute 
                        Agricultural Conservation Trust Fund Account, 
                        $300,000.
    (c) Investments.--The Secretary shall invest amounts deposited in 
the iina ba - paa tuwaqat'si pipeline Implementation Fund Account under 
subsection (a) and the Navajo Nation Water Settlement Trust Fund, Hopi 
Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute 
Water Settlement Trust Fund under subsection (b) in accordance with--
            (1) the Act of April 1, 1880 (25 U.S.C. 161);
            (2) the first section of the Act of June 24, 1938 (25 
        U.S.C. 162a); and
            (3) obligations of Federal corporations and Federal 
        Government-sponsored entities, the charter documents of which 
        provide that the obligations of the entities are lawful 
        investments for federally managed funds.
    (d) Credits to Accounts.--
            (1) In general.--The interest on, and the proceeds from, 
        the sale or redemption of, any obligations held in the Navajo 
        Nation Water Settlement Trust Fund, the Hopi Tribe Water 
        Settlement Trust Fund, and the San Juan Southern Paiute Water 
        Settlement Trust Fund shall be credited to and form a part of 
        the applicable Trust Fund.
            (2) Use of trust funds.--Amounts appropriated to and 
        deposited in the Navajo Nation Water Settlement Trust Fund, the 
        Hopi Tribe Water Settlement Trust Fund, and the San Juan 
        Southern Paiute Tribe Water Settlement Trust Fund may be used 
        as described in sections 10, 11, and 12 and paragraph 12 of the 
        Settlement Agreement.
    (e) Fluctuation in Costs.--
            (1) Implementation fund account.--The amounts appropriated 
        and authorized to be appropriated under subsection (a) shall 
        be--
                    (A) increased or decreased, as appropriate, by such 
                amounts as may be justified by reason of ordinary 
                fluctuations in costs occurring after January 1, 2024, 
                as indicated by the Bureau Construction Cost Trends 
                Index applicable to the types of construction involved; 
                and
                    (B) adjusted to address construction cost changes 
                necessary to account for unforeseen market volatility 
                that may not otherwise be captured by engineering cost 
                indices as determined by the Secretary, including 
                repricing applicable to the types of construction and 
                current industry standards involved.
            (2) Trust funds.--The amounts appropriated and authorized 
        to be appropriated under subsection (b) shall be--
                    (A) increased or decreased, as appropriate, by such 
                amounts as may be justified by reason of ordinary 
                fluctuations in costs occurring after January 1, 2024, 
                as indicated by the Bureau Construction Cost Index--
                Composite Trend; and
                    (B) adjusted to address construction cost changes 
                necessary to account for unforeseen market volatility 
                that may not otherwise be captured by engineering cost 
                indices as determined by the Secretary, including 
                repricing applicable to the types of construction and 
                current industry standards involved.
            (3) Repetition.--The adjustment process under paragraphs 
        (1) and (2) shall be repeated for each subsequent amount 
        appropriated until the amount appropriated and authorized to be 
        appropriated, as applicable, under subsections (a) and (b), as 
        adjusted, has been appropriated.
            (4) Period of indexing.--
                    (A) Implementation fund.--With respect to the iina 
                ba - paa tuwaqat'si pipeline Implementation Fund 
                Account, the period of adjustment under paragraph (1) 
                for any increment of funding shall be annually until 
                the iina ba - paa tuwaqat'si pipeline project is 
                completed.
                    (B) Trust funds.--With respect to the Navajo Nation 
                Water Settlement Trust Fund, the Hopi Tribe Water 
                Settlement Trust Fund, and the San Juan Southern Paiute 
                Water Settlement Trust Fund, the period of indexing 
                adjustment under paragraph (2) for any increment of 
                funding shall end on the date on which the funds are 
                deposited into the Trust Funds.

SEC. 14. WAIVERS, RELEASES, AND RETENTION OF CLAIMS.

    (a) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the Navajo Nation, on 
Behalf of the Navajo Nation and the Members of the Navajo Nation (but 
Not Members in the Capacity of the Members as Navajo Allottees), and 
the United States, Acting as Trustee for the Navajo Nation and the 
Members of the Navajo Nation (but Not Members in the Capacity of the 
Members as Navajo Allottees) Against the State and Others.--
            (1) In general.--Except as provided in paragraph (3), the 
        Navajo Nation, on behalf of the Navajo Nation and the Members 
        of the Navajo Nation (but not Members in the capacity of the 
        Members as Navajo Allottees), and the United States, acting as 
        trustee for the Navajo Nation and the Members of the Navajo 
        Nation (but not Members in the capacity of the Members as 
        Navajo Allottees), as part of the performance of the respective 
        obligations of the Navajo Nation and the United States under 
        the Settlement Agreement and this Act, are authorized to 
        execute a waiver and release of all claims against the State 
        (or any agency or political subdivision of the State), the Hopi 
        Tribe, the Hopi Allottees, the San Juan Southern Paiute Tribe, 
        and any other individual, entity, corporation, or municipal 
        corporation under Federal, State, or other law for all of the 
        following:
                    (A) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, for 
                Navajo Land, arising from time immemorial and, 
                thereafter, forever.
                    (B) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, 
                arising from time immemorial and, thereafter, forever, 
                that are based on the aboriginal occupancy of land 
                within the State by the Navajo Nation, the predecessors 
                of the Navajo Nation, the Members of the Navajo Nation, 
                or predecessors of the Members of the Navajo Nation.
                    (C) Past and present claims for Injury to Water 
                Rights, including injury to rights to Colorado River 
                Water, for Navajo Land, arising from time immemorial 
                through the Enforceability Date.
                    (D) Past, present, and future claims for Injury to 
                Water for Navajo Land, arising from time immemorial 
                and, thereafter, forever.
                    (E) Past, present, and future claims for Injury to 
                Water Rights, including injury to rights to Colorado 
                River Water, arising from time immemorial and, 
                thereafter, forever, that are based on the aboriginal 
                occupancy of land within the State by the Navajo 
                Nation, the predecessors of the Navajo Nation, the 
                Members of the Navajo Nation, or predecessors of the 
                Members of the Navajo Nation.
                    (F) Claims for Injury to Water Rights, including 
                injury to rights to Colorado River Water, arising after 
                the Enforceability Date, for Navajo Land, resulting 
                from the diversion or Use of water outside of Navajo 
                Land in a manner not in violation of the Settlement 
                Agreement or State law.
                    (G) Past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of the Settlement Agreement, any 
                judgment or decree approving or incorporating the 
                Settlement Agreement, or this Act.
            (2) Form; effective date.--The waiver and release of claims 
        described in paragraph (1) shall--
                    (A) be in the form described in Exhibit 13.1 to the 
                Settlement Agreement; and
                    (B) take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1) and Exhibit 13.1 
        to the Settlement Agreement, the Navajo Nation, acting on 
        behalf of the Navajo Nation and the Members of the Navajo 
        Nation (but not Members in the capacity of the Members as 
        Navajo Allottees), and the United States, acting as trustee for 
        the Navajo Nation and the Members of the Navajo Nation (but not 
        Members in the capacity of the Members as Navajo Allottees), 
        shall retain any right--
                    (A) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Navajo Nation under 
                the Settlement Agreement, whether those rights are 
                generally stated or specifically described, or this 
                Act, in any Federal or State court of competent 
                jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Navajo Nation under 
                the LCR Decree and the Gila River Adjudication Decree;
                    (C) to assert claims for Water Rights, for land 
                owned or acquired by the Navajo Nation in fee, or held 
                in trust by the United States for the benefit of the 
                Navajo Nation, in the LCR Watershed pursuant to 
                subparagraphs 4.11 and 4.12, of the Settlement 
                Agreement, or in the Gila River Basin pursuant to 
                subparagraphs 4.14 and 4.15 of the Settlement 
                Agreement;
                    (D) to object to any claims for Water Rights by or 
                for--
                            (i) any Indian Tribe other than the Hopi 
                        Tribe, the San Juan Southern Paiute Tribe, and 
                        the Zuni Tribe; or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe, other than the Hopi Tribe, 
                        the San Juan Southern Paiute Tribe, and the 
                        Zuni Tribe; and
                    (E) to assert past, present, or future claims for 
                Injury to Water Rights--
                            (i) against any Indian Tribe other than the 
                        Hopi Tribe, the San Juan Southern Paiute Tribe, 
                        and the Zuni Tribe; or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe, other than the Hopi Tribe, 
                        the San Juan Southern Paiute Tribe, and the 
                        Zuni Tribe.
    (b) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the United States, 
Acting as Trustee for the Navajo Allottees Against the State and 
Others.--
            (1) In general.--Except as provided in paragraph (3), the 
        United States, acting as trustee for the Navajo Allottees, as 
        part of the performance of the obligations of the United States 
        under the Settlement Agreement and this Act, is authorized to 
        execute a waiver and release of all claims against the State 
        (or any agency or political subdivision of the State), the 
        Navajo Nation, the Hopi Tribe, the Hopi Allottees, and the San 
        Juan Southern Paiute Tribe, and any other individual, entity, 
        corporation, or municipal corporation under Federal, State, or 
        other law, for all of the following:
                    (A) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, for 
                Navajo Allotments, arising from time immemorial and, 
                thereafter, forever.
                    (B) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, 
                arising from time immemorial and, thereafter, forever, 
                that are based on the aboriginal occupancy of land 
                within the State by the Navajo Allottees or 
                predecessors of the Navajo Allottees.
                    (C) Past and present claims for Injury to Water 
                Rights, including injury to rights to Colorado River 
                Water, for Navajo Allotments, arising from time 
                immemorial through the Enforceability Date.
                    (D) Past, present, and future claims for Injury to 
                Water for Navajo Allotments, arising from time 
                immemorial and, thereafter, forever.
                    (E) Past, present, and future claims for Injury to 
                Water Rights, including injury to rights to Colorado 
                River Water, arising from time immemorial and, 
                thereafter, forever, that are based on the aboriginal 
                occupancy of land within the State by Navajo Allottees 
                or predecessors of the Navajo Allottees.
                    (F) Claims for Injury to Water Rights, including 
                injury to rights to Colorado River Water, arising after 
                the Enforceability Date, for the Navajo Allotments, 
                resulting from the diversion or Use of water outside of 
                Navajo Allotments in a manner not in violation of the 
                Settlement Agreement or State law.
                    (G) Past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of the Settlement Agreement, any 
                judgment or decree approving or incorporating the 
                Settlement Agreement, or this Act.
            (2) Form; effective date.--The waiver and release of claims 
        under paragraph (1) shall--
                    (A) be in the form described in Exhibit 13.2 to the 
                Settlement Agreement; and
                    (B) take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1), the United 
        States, acting as trustee for the Navajo Allottees, shall 
        retain any right--
                    (A) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Navajo Allottees 
                under the Settlement Agreement, whether those rights 
                are generally stated or specifically described, or this 
                Act, in any Federal or State court of competent 
                jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Navajo Allottees 
                under the LCR Decree;
                    (C) to object to any claims for Water Rights by or 
                for--
                            (i) any Indian Tribe other than the Navajo 
                        Nation, the Hopi Tribe, the San Juan Southern 
                        Paiute Tribe, and the Zuni Tribe; or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe other than the Navajo Nation, 
                        the Hopi Tribe, the San Juan Southern Paiute 
                        Tribe, and the Zuni Tribe; and
                    (D) to assert past, present, or future claims for 
                Injury to Water Rights against--
                            (i) any Indian Tribe other than the Navajo 
                        Nation, the Hopi Tribe, the San Juan Southern 
                        Paiute Tribe, and the Zuni Tribe; or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe other than the Navajo Nation, 
                        the Hopi Tribe, the San Juan Southern Paiute 
                        Tribe, and the Zuni Tribe.
    (c) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the Navajo Nation, on 
Behalf of the Navajo Nation and the Members of the Navajo Nation (but 
Not Members in the Capacity of the Members as Navajo Allottees), 
Against the United States.--
            (1) In general.--Except as provided in paragraph (3), the 
        Navajo Nation, acting on behalf of the Navajo Nation and the 
        Members of the Navajo Nation (but not Members in the capacity 
        of the Members as Navajo Allottees), as part of the performance 
        of the obligations of the Navajo Nation under the Settlement 
        Agreement and this Act, is authorized to execute a waiver and 
        release of all claims against the United States, including 
        agencies, officials, and employees of the United States, under 
        Federal, State, or other law for all of the following:
                    (A) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, for 
                Navajo Land arising from time immemorial and, 
                thereafter, forever.
                    (B) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, 
                arising from time immemorial and, thereafter, forever, 
                that are based on the aboriginal occupancy of land 
                within the State by the Navajo Nation, the predecessors 
                of the Navajo Nation, the Members of the Navajo Nation, 
                or predecessors of the Members of the Navajo Nation.
                    (C) Claims for Water Rights within the State that 
                the United States, acting as trustee for the Navajo 
                Nation and Navajo Allottees, asserted or could have 
                asserted in any proceeding, except to the extent that 
                such rights are recognized as part of the Navajo 
                Nation's Water Rights under this Act.
                    (D) Past and present claims for Injury to Water 
                Rights, including injury to rights to Colorado River 
                Water, for Navajo Land, arising from time immemorial 
                through the Enforceability Date.
                    (E) Past, present, and future claims for Injury to 
                Water for Navajo Land, arising from time immemorial 
                and, thereafter, forever.
                    (F) Past, present, and future claims for Injury to 
                Water Rights, including injury to rights to Colorado 
                River Water, arising from time immemorial and, 
                thereafter, forever, that are based on the aboriginal 
                occupancy of land within the State by the Navajo 
                Nation, the predecessors of the Navajo Nation, the 
                Members of the Navajo Nation, or predecessors of the 
                Members of the Navajo Nation.
                    (G) Claims for Injury to Water Rights, including 
                injury to rights to Colorado River Water, arising after 
                the Enforceability Date for Navajo Land, resulting from 
                the diversion or Use of water outside of Navajo Land in 
                a manner not in violation of the Settlement Agreement 
                or State law.
                    (H) Past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of the Settlement Agreement, any 
                judgment or decree approving or incorporating the 
                Settlement Agreement, or this Act.
                    (I) Past, present, and future claims arising out 
                of, or relating in any manner to, United States 
                Geological Survey monitoring and reporting activities 
                described in paragraph 7.0 of the Settlement Agreement.
                    (J) Past, present, and future claims arising from 
                time immemorial and, thereafter, forever, relating in 
                any manner to Injury to Water or Injury to Water Rights 
                based on the provisions of paragraphs 8.0 and 9.0 of 
                the Settlement Agreement.
                    (K) Past and present claims for foregone benefits 
                from non-Navajo Use of water, on and off Navajo Land 
                (including water from all sources and for all Uses), 
                within the State arising before the Enforceability 
                Date.
                    (L) Past and present claims for damage, loss, or 
                injury to land or natural resources due to loss of 
                water or Water Rights, including damages, losses, or 
                injuries to hunting, fishing, gathering, or cultural 
                rights due to loss of water or Water Rights, claims 
                relating to interference with, diversion of, or taking 
                of water, or claims relating to a failure to protect, 
                acquire, replace, or develop water, Water Rights, or 
                water infrastructure, within the State, arising before 
                the Enforceability Date.
                    (M) Past and present claims arising before the 
                Enforceability Date from a failure to provide for 
                operation, maintenance, or deferred maintenance for any 
                irrigation system or irrigation project on Navajo Land.
                    (N) Past and present claims arising before the 
                Enforceability Date from a failure to establish or 
                provide a municipal, rural, or industrial water 
                delivery system on Navajo Land.
                    (O) Past and present claims for damage, loss, or 
                injury to land or natural resources due to 
                construction, operation, and management of irrigation 
                projects on Navajo Land, including damages, losses, or 
                injuries to fish habitat, wildlife, and wildlife 
                habitat, within the State arising before the 
                Enforceability Date.
                    (P) Past and present claims arising before the 
                Enforceability Date from a failure to provide a dam 
                safety improvement to a dam on Navajo Land within the 
                State.
            (2) Form; effective date.--The waiver and release of claims 
        described in paragraph (1) shall--
                    (A) be in the form described in Exhibit 13.3 to the 
                Settlement Agreement; and
                    (B) take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1) and Exhibit 13.3 
        to the Settlement Agreement, the Navajo Nation and the Members 
        of the Navajo Nation (but not Members in the capacity of the 
        Members as Allottees) shall retain any right--
                    (A) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Navajo Nation under 
                the Settlement Agreement, whether those rights are 
                generally stated or specifically described, or this 
                Act, in any Federal or State court of competent 
                jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Navajo Nation under 
                the LCR Decree and the Gila River Adjudication Decree;
                    (C) to assert claims for Water Rights for land 
                owned or acquired by the Navajo Nation in fee in the 
                LCR Watershed pursuant to subparagraphs 4.11 and 4.12 
                of the Settlement Agreement, or in the Gila River Basin 
                pursuant to subparagraphs 4.14 and 4.15 of the 
                Settlement Agreement;
                    (D) to object to any claims for Water Rights by or 
                for--
                            (i) any Indian Tribe other than the Hopi 
                        Tribe, the San Juan Southern Paiute Tribe, and 
                        the Zuni Tribe; or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe other than the Hopi Tribe, the 
                        San Juan Southern Paiute Tribe, and the Zuni 
                        Tribe; and
                    (E) to assert past, present, or future claims for 
                Injury to Water Rights against--
                            (i) any Indian Tribe other than the Hopi 
                        Tribe, the San Juan Southern Paiute Tribe, and 
                        the Zuni Tribe; or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe other than the Hopi Tribe, the 
                        San Juan Southern Paiute Tribe, and the Zuni 
                        Tribe.
    (d) Waivers, Releases and Retention of Claims by the United States 
in All Capacities (except as Trustee for an Indian Tribe Other Than the 
Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe) 
Against the Navajo Nation and the Members of the Navajo Nation.--
            (1) In general.--Except as provided in paragraph (3), the 
        United States, in all capacities (except as trustee for an 
        Indian Tribe other than the Navajo Nation, the Hopi Tribe, and 
        the San Juan Southern Paiute Tribe), as part of the performance 
        of the obligations of the United States under the Settlement 
        Agreement and this Act, is authorized to execute a waiver and 
        release of all claims against the Navajo Nation, the Members of 
        the Navajo Nation, or any agency, official, or employee of the 
        Navajo Nation, under Federal, State, or any other law for all 
        of the following:
                    (A) Past and present claims for Injury to Water 
                Rights, including injury to rights to Colorado River 
                Water, resulting from the diversion or Use of water on 
                Navajo Land, arising from time immemorial through the 
                Enforceability Date.
                    (B) Claims for Injury to Water Rights, including 
                injury to rights to Colorado River Water, arising after 
                the Enforceability Date, resulting from the diversion 
                or Use of water on Navajo Land in a manner that is not 
                in violation of this Agreement or State law.
                    (C) Past, present, and future claims arising out 
                of, or related in any manner to, the negotiation, 
                execution, or adoption of the Settlement Agreement, any 
                judgment or decree approving or incorporating the 
                Settlement Agreement, or this Act.
            (2) Form; effective date.--The waiver and release of claims 
        under paragraph (1) shall--
                    (A) be in the form described in Exhibit 13.4 to the 
                Settlement Agreement; and
                    (B) take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1) and Exhibit 13.4 
        to the Settlement Agreement, the United States shall retain any 
        right to assert any claim not expressly waived in accordance 
        with that paragraph and that Exhibit, in any Federal or State 
        court of competent jurisdiction.
    (e) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the Hopi Tribe, on 
Behalf of the Hopi Tribe and the Members of the Hopi Tribe (but Not 
Members in the Capacity of the Members as Hopi Allottees), and the 
United States, Acting as Trustee for the Hopi Tribe and the Members of 
the Hopi Tribe (but Not Members in the Capacity of the Members as Hopi 
Allottees) Against the State and Others.--
            (1) In general.--Except as provided in paragraph (3), the 
        Hopi Tribe, on behalf of the Hopi Tribe and the Members of the 
        Hopi Tribe (but not Members in the capacity of the Members as 
        Hopi Allottees), and the United States, acting as trustee for 
        the Hopi Tribe and the Members of the Hopi Tribe (but not 
        Members in the capacity of the Members as Hopi Allottees), as 
        part of the performance of the respective obligations of the 
        Hopi Tribe and the United States under the Settlement Agreement 
        and this Act, are authorized to execute a waiver and release of 
        all claims against the State (or any agency or political 
        subdivision of the State), the Navajo Nation, the Navajo 
        Allottees, the San Juan Southern Paiute Tribe, and any other 
        individual, entity, corporation, or municipal corporation under 
        Federal, State, or other law for all of the following:
                    (A) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, for 
                Hopi Land, arising from time immemorial and, 
                thereafter, forever.
                    (B) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, 
                arising from time immemorial and, thereafter, forever, 
                that are based on the aboriginal occupancy of land 
                within the State by the Hopi Tribe, the predecessors of 
                the Hopi Tribe, the Members of the Hopi Tribe, or 
                predecessors of the Members of the Hopi Tribe.
                    (C) Past and present claims for Injury to Water 
                Rights, including injury to rights to Colorado River 
                Water, for Hopi Land, arising from time immemorial 
                through the Enforceability Date.
                    (D) Past, present, and future claims for Injury to 
                Water for Hopi Land, arising from time immemorial and, 
                thereafter, forever.
                    (E) Past, present, and future claims for Injury to 
                Water Rights, including injury to rights to Colorado 
                River Water, arising from time immemorial and, 
                thereafter, forever, that are based on the aboriginal 
                occupancy of land within the State by the Hopi Tribe, 
                the predecessors of the Hopi Tribe, the Members of the 
                Hopi Tribe, or predecessors of the Members of the Hopi 
                Tribe.
                    (F) Claims for Injury to Water Rights, including 
                injury to rights to Colorado River Water, arising after 
                the Enforceability Date, for Hopi Land, resulting from 
                the diversion or Use of water outside of Hopi Land in a 
                manner not in violation of the Settlement Agreement or 
                State law.
                    (G) Past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of the Settlement Agreement, any 
                judgment or decree approving or incorporating the 
                Settlement Agreement, or this Act.
            (2) Form; effective date.--The waiver and release of claims 
        described in paragraph (1) shall--
                    (A) be in the form described in Exhibit 13.6 to the 
                Settlement Agreement; and
                    (B) take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1) and Exhibit 13.6 
        to the Settlement Agreement, the Hopi Tribe, acting on behalf 
        of the Hopi Tribe and the Members of the Hopi Tribe (but not 
        Members in the capacity of the Members as Hopi Allottees), and 
        the United States, acting as trustee for the Hopi Tribe and the 
        Members of the Hopi Tribe (but not Members in the capacity of 
        the Members as Hopi Allottees), shall retain any right--
                    (A) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Hopi Tribe under the 
                Settlement Agreement, whether those rights are 
                generally stated or specifically described, or this 
                Act, in any Federal or State court of competent 
                jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Hopi Tribe under the 
                LCR Decree;
                    (C) to assert claims for Water Rights for land 
                owned or acquired by the Hopi Tribe in fee, or held in 
                trust by the United States for the benefit of the Hopi 
                Tribe, in the LCR Watershed pursuant to subparagraphs 
                5.10 and 5.11 of the Settlement Agreement;
                    (D) to object to any claims for Water Rights by or 
                for--
                            (i) any Indian Tribe other than the Navajo 
                        Nation, the San Juan Southern Paiute Tribe, and 
                        the Zuni Tribe; or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe, other than the Navajo Nation, 
                        the San Juan Southern Paiute Tribe, and the 
                        Zuni Tribe; and
                    (E) to assert past, present, or future claims for 
                Injury to Water Rights against--
                            (i) any Indian Tribe other than the Navajo 
                        Nation, the San Juan Southern Paiute Tribe, and 
                        the Zuni Tribe; or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe, other than the Navajo Nation, 
                        the San Juan Southern Paiute Tribe, and the 
                        Zuni Tribe.
    (f) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the United States, 
Acting as Trustee for the Hopi Allottees Against the State and 
Others.--
            (1) In general.--Except as provided in paragraph (3), the 
        United States, acting as trustee for the Hopi Allottees, as 
        part of the performance of the obligations of the United States 
        under the Settlement Agreement and this Act, is authorized to 
        execute a waiver and release of all claims against the State 
        (or any agency or political subdivision of the State), the Hopi 
        Tribe, the Navajo Nation, the Navajo Allottees, and the San 
        Juan Southern Paiute Tribe, and any other individual, entity, 
        corporation, or municipal corporation under Federal, State, or 
        other law, for all of the following:
                    (A) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, for 
                Hopi Allotments, arising from time immemorial, and, 
                thereafter, forever.
                    (B) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, 
                arising from time immemorial and, thereafter, forever, 
                that are based on the aboriginal occupancy of land 
                within the State by the Hopi Allottees or predecessors 
                of the Hopi Allottees.
                    (C) Past and present claims for Injury to Water 
                Rights, including injury to rights to Colorado River 
                Water, for Hopi Allotments, arising from time 
                immemorial through the Enforceability Date.
                    (D) Past, present, and future claims for Injury to 
                Water for Hopi Allotments, arising from time immemorial 
                and, thereafter, forever.
                    (E) Past, present, and future claims for Injury to 
                Water Rights, including injury to rights to Colorado 
                River Water, arising from time immemorial and, 
                thereafter, forever, that are based on the aboriginal 
                occupancy of land within the State by Hopi Allottees or 
                predecessors of the Hopi Allottees.
                    (F) Claims for Injury to Water Rights, including 
                injury to rights to Colorado River Water, arising after 
                the Enforceability Date, for the Hopi Allotments, 
                resulting from the diversion or Use of water outside of 
                the Hopi Allotments in a manner not in violation of the 
                Settlement Agreement or State law.
                    (G) Past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of the Settlement Agreement, any 
                judgment or decree approving or incorporating the 
                Settlement Agreement, or this Act.
            (2) Form; effective date.--The waiver and release of claims 
        under paragraph (1) shall--
                    (A) be in the form described in Exhibit 13.7 of the 
                Settlement Agreement; and
                    (B) take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1) and Exhibit 13.7 
        of the Settlement Agreement, the United States acting as 
        trustee for the Hopi Allottees, shall retain any right--
                    (A) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Hopi Allottees under 
                the Settlement Agreement, whether those rights are 
                generally stated or specifically described, or this 
                Act, in any Federal or State court of competent 
                jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Hopi Allottees under 
                the LCR Decree;
                    (C) to object to any claims for Water Rights by or 
                for--
                            (i) any Indian Tribe other than the Hopi 
                        Tribe, the Navajo Nation, the San Juan Southern 
                        Paiute Tribe, and the Zuni Tribe; or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe other than the Hopi Tribe, the 
                        Navajo Nation, the San Juan Southern Paiute 
                        Tribe, and the Zuni Tribe; and
                    (D) to assert past, present, or future claims for 
                Injury to Water Rights against--
                            (i) any Indian Tribe other than the Hopi 
                        Tribe, the Navajo Nation, the San Juan Southern 
                        Paiute Tribe, and the Zuni Tribe; or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe other than the Hopi Tribe, the 
                        Navajo Nation, the San Juan Southern Paiute 
                        Tribe, and the Zuni Tribe.
    (g) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the Hopi Tribe, on 
Behalf of the Hopi Tribe and the Members of the Hopi Tribe (but Not 
Members in the Capacity of the Members as Hopi Allottees), Against the 
United States.--
            (1) In general.--Except as provided in paragraph (3), the 
        Hopi Tribe, acting on behalf of the Hopi Tribe and the Members 
        of the Hopi Tribe (but not Members in the capacity of the 
        Members as Hopi Allottees), as part of the performance of the 
        obligations of the Hopi Tribe under the Settlement Agreement 
        and this Act, is authorized to execute a waiver and release of 
        all claims against the United States, including agencies, 
        officials, and employees of the United States, under Federal, 
        State, or other law for all of the following:
                    (A) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, for 
                Hopi Land, arising from time immemorial and, 
                thereafter, forever.
                    (B) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, 
                arising from time immemorial and, thereafter, forever, 
                that are based on the aboriginal occupancy of land 
                within the State by the Hopi Tribe, the predecessors of 
                the Hopi Tribe, the Members of the Hopi Tribe, or 
                predecessors of the Members of the Hopi Tribe.
                    (C) Claims for Water Rights within the State that 
                the United States, acting a trustee for the Hopi Tribe 
                and Hopi Allottees, asserted or could have asserted in 
                any proceeding, except to the extent that such rights 
                are recognized as part of the Hopi Tribe's Water Rights 
                under this Act.
                    (D) Past and present claims for Injury to Water 
                Rights, including injury to rights to Colorado River 
                Water, for Hopi Land, arising from time immemorial 
                through the Enforceability Date.
                    (E) Past, present, and future claims for Injury to 
                Water for Hopi Land, arising from time immemorial and, 
                thereafter, forever.
                    (F) Past, present, and future claims for Injury to 
                Water Rights, including injury to rights to Colorado 
                River Water, arising from time immemorial and, 
                thereafter, forever, that are based on the aboriginal 
                occupancy of land within the State by the Hopi Tribe, 
                the predecessors of the Hopi Tribe, the Members of the 
                Hopi Tribe, or predecessors of the Members of the Hopi 
                Tribe.
                    (G) Claims for Injury to Water Rights, including 
                injury to rights to Colorado River Water, arising after 
                the Enforceability Date for Hopi Land, resulting from 
                the diversion or Use of water outside of Hopi Land in a 
                manner not in violation of the Settlement Agreement or 
                State law.
                    (H) Past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of the Settlement Agreement, any 
                judgment or decree approving or incorporating the 
                Settlement Agreement, or this Act.
                    (I) Past, present, and future claims arising out 
                of, or relating in any manner to, United States 
                Geological Survey monitoring and reporting activities 
                described in paragraph 7.0 of the Settlement Agreement.
                    (J) Past, present, and future claims arising from 
                time immemorial and, thereafter, forever, relating in 
                any manner to Injury to Water or Injury to Water Rights 
                based on the provisions of paragraphs 8.0 and 9.0 of 
                the Settlement Agreement.
                    (K) Past and present claims for foregone benefits 
                from non-Hopi Use of water, on and off Hopi Land 
                (including water from all sources and for all Uses), 
                within the State arising before the Enforceability 
                Date.
                    (L) Past and present claims for damage, loss, or 
                injury to land, or natural resources due to loss of 
                water or Water Rights, including damages, losses, or 
                injuries to hunting, fishing, gathering, or cultural 
                rights due to loss of water or Water Rights, claims 
                relating to interference with, diversion of, or taking 
                of water, or claims relating to a failure to protect, 
                acquire, replace, or develop water, Water Rights, or 
                water infrastructure, within the State, arising before 
                the Enforceability Date.
                    (M) Past and present claims arising before the 
                Enforceability Date from a failure to provide for 
                operation, maintenance, or deferred maintenance for any 
                irrigation system or irrigation project on Hopi Land.
                    (N) Past and present claims arising before the 
                Enforceability Date from a failure to establish or 
                provide a municipal, rural, or industrial water 
                delivery system on Hopi Land.
                    (O) Past and present claims for damage, loss, or 
                injury to land or natural resources due to 
                construction, operation, and management of irrigation 
                projects on Hopi Land, including damages, losses, or 
                injuries to fish habitat, wildlife, and wildlife 
                habitat, within the State arising before the 
                Enforceability Date.
            (2) Form; effective date.--The waiver and release of claims 
        described in paragraph (1) shall--
                    (A) be in the form described in Exhibit 13.8 to the 
                Settlement Agreement; and
                    (B) take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1) and Exhibit 13.8 
        to the Settlement Agreement, the Hopi Tribe and the Members of 
        the Hopi Tribe (but not Members in the capacity of the Members 
        as Hopi Allottees) shall retain any right--
                    (A) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Hopi Tribe under the 
                Settlement Agreement, whether those rights are 
                generally stated or specifically described, or this 
                Act, in any Federal or State court of competent 
                jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the Hopi Tribe under the 
                LCR Decree;
                    (C) to assert claims for Water Rights for land 
                owned or acquired by the Hopi Tribe in fee in the LCR 
                Watershed pursuant to subparagraphs 5.10 and 5.11 of 
                the Settlement Agreement;
                    (D) to object to any claims for Water Rights by or 
                for--
                            (i) any Indian Tribe other than the Navajo 
                        Nation, the San Juan Southern Paiute Tribe, and 
                        the Zuni Tribe; or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe other than the Navajo Nation, 
                        the San Juan Southern Paiute Tribe, and the 
                        Zuni Tribe; and
                    (E) to assert past, present, or future claims for 
                Injury to Water Rights against--
                            (i) any Indian Tribe other than the Navajo 
                        Nation, the San Juan Southern Paiute Tribe, and 
                        the Zuni Tribe; or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe other than the Navajo Nation, 
                        the San Juan Southern Paiute Tribe, and the 
                        Zuni Tribe.
    (h) Waivers, Releases and Retention of Claims by the United States 
in All Capacities (except as Trustee for an Indian Tribe Other Than the 
Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe) 
Against the Hopi Tribe and the Members of the Hopi Tribe.--
            (1) In general.--Except as provided in paragraph (3), the 
        United States, in all capacities (except as trustee for an 
        Indian Tribe other than the Navajo Nation, the Hopi Tribe, and 
        the San Juan Southern Paiute Tribe), as part of the performance 
        of the obligations of the United States under the Settlement 
        Agreement and this Act, is authorized to execute a waiver and 
        release of all claims against the Hopi Tribe, the Members of 
        the Hopi Tribe, or any agency, official, or employee of the 
        Hopi Tribe, under Federal, State, or any other law for all of 
        the following:
                    (A) Past and present claims for Injury to Water 
                Rights, including injury to rights to Colorado River 
                Water, resulting from the diversion or Use of water on 
                Hopi Land arising from time immemorial through the 
                Enforceability Date.
                    (B) Claims for Injury to Water Rights, including 
                injury to rights to Colorado River Water, arising after 
                the Enforceability Date, resulting from the diversion 
                or Use of water on Hopi Land in a manner that is not in 
                violation of the Settlement Agreement or State law.
                    (C) Past, present, and future claims arising out 
                of, or related in any manner to, the negotiation, 
                execution, or adoption of the Settlement Agreement, any 
                judgment or decree approving or incorporating the 
                Settlement Agreement, or this Act.
            (2) Form; effective date.--The waiver and release of claims 
        under paragraph (1) shall--
                    (A) be in the form described in Exhibit 13.9 to the 
                Settlement Agreement; and
                    (B) take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1) and Exhibit 13.9 
        to the Settlement Agreement, the United States shall retain any 
        right to assert any claim not expressly waived in accordance 
        with that paragraph and that Exhibit, in any Federal or State 
        court of competent jurisdiction.
    (i) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the San Juan Southern 
Paiute Tribe, on Behalf of the San Juan Southern Paiute Tribe and the 
Members of the San Juan Southern Paiute Tribe, and the United States, 
Acting as Trustee for the San Juan Southern Paiute Tribe and the 
Members of the San Juan Southern Paiute Tribe Against the State and 
Others.--
            (1) In general.--Except as provided in paragraph (3), the 
        San Juan Southern Paiute Tribe, on behalf of the San Juan 
        Southern Paiute Tribe and the Members of the San Juan Southern 
        Paiute Tribe, and the United States, acting as trustee for the 
        San Juan Southern Paiute Tribe and the Members of the San Juan 
        Southern Paiute Tribe, as part of the performance of the 
        respective obligations of the San Juan Southern Paiute Tribe 
        and the United States under the Settlement Agreement and this 
        Act, is authorized to execute a waiver and release of all 
        claims against the State (or any agency or political 
        subdivision of the State), the Hopi Tribe, the Hopi Allottees, 
        the Navajo Nation, the Navajo Allottees, and any other 
        individual, entity, corporation, or municipal corporation under 
        Federal, State, or other law for all of the following:
                    (A) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, for 
                San Juan Southern Paiute Land, arising from time 
                immemorial and, thereafter, forever.
                    (B) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, 
                arising from time immemorial and, thereafter, forever, 
                that are based on the aboriginal occupancy of land 
                within the State by the San Juan Southern Paiute Tribe, 
                the predecessors of the San Juan Southern Paiute Tribe, 
                the Members of the San Juan Southern Paiute Tribe, or 
                predecessors of the Members of the San Juan Southern 
                Paiute Tribe.
                    (C) Past and present claims for Injury to Water 
                Rights, including injury to rights to Colorado River 
                Water, for San Juan Southern Paiute Land, arising from 
                time immemorial through the Enforceability Date.
                    (D) Past, present, and future claims for Injury to 
                Water for San Juan Southern Paiute Land, arising from 
                time immemorial and, thereafter, forever.
                    (E) Past, present, and future claims for Injury to 
                Water Rights, including injury to rights to Colorado 
                River Water, arising from time immemorial and, 
                thereafter, forever, that are based on the aboriginal 
                occupancy of land within the State by the San Juan 
                Southern Paiute Tribe, the predecessors of the San Juan 
                Southern Paiute Tribe, the Members of the San Juan 
                Southern Paiute Tribe, or predecessors of the Members 
                of the San Juan Southern Paiute Tribe.
                    (F) Claims for Injury to Water Rights, including 
                injury to rights to Colorado River Water, arising after 
                the Enforceability Date, for San Juan Southern Paiute 
                Land, resulting from the diversion or Use of water 
                outside of San Juan Southern Paiute Land in a manner 
                not in violation of the Settlement Agreement or State 
                law.
                    (G) Past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of the Settlement Agreement, any 
                judgment or decree approving or incorporating the 
                Settlement Agreement, or this Act.
            (2) Form; effective date.--The waiver and release of claims 
        described in paragraph (1) shall--
                    (A) be in the form described in Exhibit 13.11 to 
                the Settlement Agreement; and
                    (B) take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1) and Exhibit 13.11 
        to the Settlement Agreement, the San Juan Southern Paiute 
        Tribe, acting on behalf of the San Juan Southern Paiute Tribe 
        and the Members of the San Juan Southern Paiute Tribe, and the 
        United States, acting as trustee for the San Juan Southern 
        Paiute Tribe and the Members of the San Juan Southern Paiute 
        Tribe, shall retain any right--
                    (A) to assert claims for injuries to, and seek 
                enforcement of, the rights of the San Juan Southern 
                Paiute Tribe under the Settlement Agreement, whether 
                those rights are generally stated or specifically 
                described, or this Act, in any Federal or State court 
                of competent jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the San Juan Southern 
                Paiute Tribe under the LCR Decree;
                    (C) to assert claims for Water Rights for land 
                owned or acquired by the San Juan Southern Paiute Tribe 
                in fee or held in trust by the United States for the 
                benefit of the San Juan Southern Paiute Tribe in the 
                LCR Watershed pursuant to subparagraphs 6.4 and 6.5 of 
                the Settlement Agreement;
                    (D) to object to any claims for Water Rights by or 
                for--
                            (i) any Indian Tribe other than the Hopi 
                        Tribe, the Navajo Nation, and the Zuni Tribe; 
                        or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe, other than the Hopi Tribe, 
                        the Navajo Nation, and the Zuni Tribe; and
                    (E) to assert past, present, or future claims for 
                Injury to Water Rights against--
                            (i) any Indian Tribe other than the Hopi 
                        Tribe, the Navajo Nation, and the Zuni Tribe; 
                        or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe, other than the Hopi Tribe, 
                        the Navajo Nation, and the Zuni Tribe.
    (j) Waivers, Releases and Retention of Claims for Water Rights, 
Injury to Water Rights, and Injury to Water by the San Juan Southern 
Paiute Tribe, on Behalf of the San Juan Southern Paiute Tribe and the 
Members of the San Juan Southern Paiute Tribe, Against the United 
States.--
            (1) In general.--Except as provided in paragraph (3), the 
        San Juan Southern Paiute Tribe, acting on behalf of the San 
        Juan Southern Paiute Tribe and the Members of the San Juan 
        Southern Paiute Tribe, as part of the performance of the 
        obligations of the San Juan Southern Paiute Tribe under the 
        Settlement Agreement and this Act, is authorized to execute a 
        waiver and release of all claims against the United States, 
        including agencies, officials, and employees of the United 
        States, under Federal, State, or other law for all of the 
        following:
                    (A) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, for 
                San Juan Southern Paiute Land, arising from time 
                immemorial and, thereafter, forever.
                    (B) Past, present, and future claims for Water 
                Rights, including rights to Colorado River Water, 
                arising from time immemorial and, thereafter, forever, 
                that are based on the aboriginal occupancy of land 
                within the State by the San Juan Southern Paiute Tribe, 
                the predecessors of the San Juan Southern Paiute Tribe, 
                the Members of the San Juan Southern Paiute Tribe, or 
                predecessors of the Members of the San Juan Southern 
                Paiute Tribe.
                    (C) Claims for Water Rights within the State that 
                the United States, acting as trustee for the San Juan 
                Southern Paiute Tribe, asserted or could have asserted 
                in any proceeding, except to the extent that such 
                rights are recognized as part of the San Juan Southern 
                Paiute Tribe's Water Rights under this Act.
                    (D) Past and present claims for Injury to Water 
                Rights, including injury to rights to Colorado River 
                Water, for San Juan Southern Paiute Land, arising from 
                time immemorial through the Enforceability Date.
                    (E) Past, present, and future claims for Injury to 
                Water for San Juan Southern Paiute Land, arising from 
                time immemorial and, thereafter, forever.
                    (F) Past, present, and future claims for Injury to 
                Water Rights, including injury to rights to Colorado 
                River Water, arising from time immemorial and, 
                thereafter, forever, that are based on the aboriginal 
                occupancy of land within the State by the San Juan 
                Southern Paiute Tribe, the predecessors of the San Juan 
                Southern Paiute Tribe, the Members of the San Juan 
                Southern Paiute Tribe, or predecessors of the Members 
                of the San Juan Southern Paiute Tribe.
                    (G) Claims for Injury to Water Rights, including 
                injury to rights to Colorado River Water, arising after 
                the Enforceability Date for San Juan Southern Paiute 
                Land, resulting from the diversion or Use of water 
                outside of San Juan Southern Paiute Land in a manner 
                not in violation of this Agreement or State law.
                    (H) Past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of this Agreement, any judgment 
                or decree approving or incorporating this Agreement, or 
                this Act.
                    (I) Past, present, and future claims arising out 
                of, or relating in any manner to, United States 
                Geological Survey monitoring and reporting activities 
                described in paragraph 7.0 of the Settlement Agreement.
                    (J) Past, present, and future claims arising from 
                time immemorial and, thereafter, forever, relating in 
                any manner to Injury to Water or Injury to Water Rights 
                based on the provisions of paragraphs 8.0 and 9.0 of 
                the Settlement Agreement.
                    (K) Past and present claims for foregone benefits 
                from non-San Juan Southern Paiute Tribe Use of water, 
                on and off San Juan Southern Paiute Land (including 
                water from all sources and for all Uses), within the 
                State arising before the Enforceability Date.
                    (L) Past and present claims for damage, loss, or 
                injury to land, or natural resources due to loss of 
                water or Water Rights, including damages, losses, or 
                injuries to hunting, fishing, gathering, or cultural 
                rights due to loss of water or Water Rights, claims 
                relating to interference with, diversion of, or taking 
                of water, or claims relating to a failure to protect, 
                acquire, replace, or develop water, Water Rights, or 
                water infrastructure, within the State, arising before 
                the Enforceability Date.
                    (M) Past and present claims arising before the 
                Enforceability Date from a failure to provide for 
                operation, maintenance, or deferred maintenance for any 
                irrigation system or irrigation project on San Juan 
                Southern Paiute Land.
                    (N) Past and present claims arising before the 
                Enforceability Date from a failure to establish or 
                provide a municipal, rural, or industrial water 
                delivery system on San Juan Southern Paiute Land.
                    (O) Past and present claims for damage, loss, or 
                injury to land or natural resources due to 
                construction, operation, and management of irrigation 
                projects on San Juan Southern Paiute Land, including 
                damages, losses, or injuries to fish habitat, wildlife, 
                and wildlife habitat, within the State arising before 
                the Enforceability Date.
            (2) Form; effective date.--The waiver and release of claims 
        described in paragraph (1) shall be--
                    (A) in the form described in Exhibit 13.12 to the 
                Settlement Agreement; and
                    (B) take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1) and Exhibit 13.12 
        to the Settlement Agreement, the San Juan Southern Paiute 
        Tribe, acting on behalf of the San Juan Southern Paiute Tribe 
        and the Members of the San Juan Southern Paiute Tribe shall 
        retain any right--
                    (A) to assert claims for injuries to, and seek 
                enforcement of, the rights of the San Juan Southern 
                Paiute Tribe under the Settlement Agreement, whether 
                those rights are generally stated or specifically 
                described, or this Act, in any Federal or State court 
                of competent jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the San Juan Southern 
                Paiute Tribe under the LCR Decree;
                    (C) to assert claims for Water Rights for land 
                owned or acquired by the San Juan Southern Paiute Tribe 
                in fee in the LCR Watershed pursuant to subparagraphs 
                6.4 and 6.5 of the Settlement Agreement;
                    (D) to object to any claims for Water Rights by or 
                for--
                            (i) any Indian Tribe other than the Hopi 
                        Tribe, the Navajo Nation, and the Zuni Tribe; 
                        or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe, other than the Hopi Tribe, 
                        the Navajo Nation, and the Zuni Tribe; and
                    (E) to assert past, present, or future claims for 
                Injury to Water Rights against--
                            (i) any Indian Tribe other than the Hopi 
                        Tribe, the Navajo Nation, and the Zuni Tribe; 
                        or
                            (ii) the United States acting on behalf of 
                        any Indian Tribe, other than the Hopi Tribe, 
                        the Navajo Nation, and the Zuni Tribe.
    (k) Waivers, Releases and Retention of Claims by the United States 
in All Capacities (except as Trustee for an Indian Tribe Other Than the 
Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe) 
Against the San Juan Southern Paiute Tribe and the Members of the San 
Juan Southern Paiute Tribe.--
            (1) In general.--Except as provided in paragraph (3), the 
        United States, in all capacities (except as trustee for an 
        Indian Tribe other than the Navajo Nation, the Hopi Tribe, and 
        the San Juan Southern Paiute Tribe), as part of the performance 
        of the obligations of the United States under the Settlement 
        Agreement and this Act, is authorized to execute a waiver and 
        release of all claims against the San Juan Southern Paiute 
        Tribe, the Members of the San Juan Southern Paiute Tribe, or 
        any agency, official, or employee of the San Juan Southern 
        Paiute Tribe, under Federal, State, or any other law for all:
                    (A) Past and present claims for Injury to Water 
                Rights, including injury to rights to Colorado River 
                Water, resulting from the diversion or Use of water on 
                San Juan Southern Paiute Land arising from time 
                immemorial through the Enforceability Date.
                    (B) Claims for Injury to Water Rights, including 
                injury to rights to Colorado River Water, arising after 
                the Enforceability Date, resulting from the diversion 
                or Use of water on San Juan Southern Paiute Land in a 
                manner that is not in violation of the Settlement 
                Agreement or State law.
                    (C) Past, present, and future claims arising out 
                of, or related in any manner to, the negotiation, 
                execution, or adoption of the Settlement Agreement, any 
                judgment or decree approving or incorporating the 
                Settlement Agreement, or this Act.
            (2) Form; effective date.--The waiver and release of claims 
        under paragraph (1) shall--
                    (A) be in the form described in Exhibit 13.13 to 
                the Settlement Agreement; and
                    (B) take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1) and Exhibit 13.13 
        to the Settlement Agreement, the United States shall retain any 
        right to assert any claim not expressly waived in accordance 
        with that paragraph and that Exhibit, in any Federal or State 
        court of competent jurisdiction.

SEC. 15. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.

    (a) Navajo Nation and the Members of the Navajo Nation; Navajo 
Allottees and the United States, Acting as Trustee for the Navajo 
Allottees.--
            (1) Navajo nation and the members of the navajo nation.--
                    (A) In general.--The benefits provided under the 
                Settlement Agreement shall be in complete replacement 
                of, complete substitution for, and full satisfaction of 
                any claim of the Navajo Nation and the Members of the 
                Navajo Nation against the Parties, including the United 
                States, that is waived and released by the Navajo 
                Nation acting on behalf of the Navajo Nation and the 
                Members of the Navajo Nation under Exhibits 13.1 and 
                13.3 to the Settlement Agreement.
                    (B) Satisfaction of water rights.--Any entitlement 
                to water of the Navajo Nation and the Members of the 
                Navajo Nation (but not Members in the capacity of the 
                Members as Navajo Allottees) or the United States 
                acting as trustee for the Navajo Nation and the Members 
                of the Navajo Nation (but not Members in the capacity 
                of the Members as Navajo Allottees), for Navajo Land 
                shall be satisfied out of the water resources and other 
                benefits granted, confirmed, quantified, or recognized 
                by the Settlement Agreement and this Act, to or for the 
                Navajo Nation, the Members of the Navajo Nation (but 
                not Members in the capacity of the Members as Navajo 
                Allottees), and the United States, acting as trustee 
                for the Navajo Nation and the Members of the Navajo 
                Nation (but not Members in the capacity of the Members 
                as Navajo Allottees).
            (2) Navajo allottees and the united states, acting as 
        trustee for the navajo allottees.--
                    (A) In general.--The benefits realized by the 
                Navajo Allottees under the Settlement Agreement and 
                this Act shall be in complete replacement of, complete 
                substitution for, and full satisfaction of--
                            (i) all claims waived and released by the 
                        United States (acting as trustee for the Navajo 
                        Allottees) under Exhibit 13.2 to the Settlement 
                        Agreement; and
                            (ii) any claims of the Navajo Allottees 
                        against the United States similar to the claims 
                        described in Exhibit 13.2 to the Settlement 
                        Agreement that the Navajo Allottees asserted or 
                        could have asserted.
                    (B) Satisfaction of water rights.--Any entitlement 
                to water of the Navajo Allottees or the United States 
                acting as trustee for the Navajo Allottees, for Navajo 
                Allotments shall be satisfied out of the water 
                resources and other benefits granted, confirmed, or 
                recognized by the Settlement Agreement and this Act, to 
                or for the Navajo Allottees and the United States, 
                acting as trustee for the Navajo Allottees.
            (3) No right established.--Notwithstanding paragraphs (1) 
        and (2), nothing in the Settlement Agreement or this Act 
        recognizes or establishes any right of a Member of the Navajo 
        Nation (but not Members in the capacity of the Members as 
        Navajo Allottees) to water on Navajo Land.
    (b) Hopi Tribe and the Members of the Hopi Tribe; Hopi Allottees 
and the United States, Acting as Trustee for the Hopi Allottees.--
            (1) Hopi tribe and the members of the hopi tribe.--
                    (A) In general.--The benefits provided under the 
                Settlement Agreement shall be in complete replacement 
                of, complete substitution for, and full satisfaction of 
                any claim of the Hopi Tribe and the Members of the Hopi 
                Tribe against the Parties, including the United States, 
                that is waived and released by the Hopi Tribe acting on 
                behalf of the Hopi Tribe and the Members of the Hopi 
                Tribe under Exhibits 13.6 and 13.8 to the Settlement 
                Agreement.
                    (B) Satisfaction of water rights.--Any entitlement 
                to water of the Hopi Tribe and the Members of the Hopi 
                Tribe (but not Members in the capacity of the Members 
                as Hopi Allottees) or the United States acting as 
                trustee for the Hopi Tribe and the Members of the Hopi 
                Tribe (but not Members in the capacity of the Members 
                as Hopi Allottees), for Hopi Land shall be satisfied 
                out of the water resources and other benefits granted, 
                confirmed, quantified, or recognized by the Settlement 
                Agreement and this Act, to or for the Hopi Tribe, the 
                Members of the Hopi Tribe (but not Members in the 
                capacity of the Members as Hopi Allottees), and the 
                United States, acting as trustee for the Hopi Tribe and 
                the Members of the Hopi Tribe (but not Members in the 
                capacity of the Members as Hopi Allottees).
            (2) Hopi allottees and the united states, acting as trustee 
        for the hopi allottees.--
                    (A) In general.--The benefits realized by the Hopi 
                Allottees under the Settlement Agreement shall be in 
                complete replacement of, complete substitution for, and 
                full satisfaction of--
                            (i) all claims waived and released by the 
                        United States (acting as trustee for the Hopi 
                        Allottees) under Exhibit 13.7 to the Settlement 
                        Agreement; and
                            (ii) any claims of the Hopi Allottees 
                        against the United States similar to the claims 
                        described in Exhibit 13.7 to the Settlement 
                        Agreement that the Hopi Allottees asserted or 
                        could have asserted.
                    (B) Satisfaction of water rights.--Any entitlement 
                to water of the Hopi Allottees or the United States 
                acting trustee for the Hopi Allottees, for Hopi 
                Allotments shall be satisfied out of the water 
                resources and other benefits granted, confirmed, or 
                recognized by the Settlement Agreement and this Act, to 
                or for the Hopi Allottees and the United States, acting 
                as trustee for the Hopi Allottees.
            (3) No right established.--Notwithstanding paragraphs (1) 
        and (2), nothing in the Settlement Agreement or this Act 
        recognizes or establishes any right of a Member of the Hopi 
        Tribe (but not Members in the capacity of the Members as Hopi 
        Allottees) to water on Hopi Land.
    (c) San Juan Southern Paiute Tribe and the Members of the San Juan 
Southern Paiute Tribe.--
            (1) In general.--The benefits provided under the Settlement 
        Agreement shall be in complete replacement of, complete 
        substitution for, and full satisfaction of any claim of the San 
        Juan Southern Paiute Tribe and the Members of the San Juan 
        Southern Paiute Tribe against the Parties, including the United 
        States, that is waived and released by the San Juan Southern 
        Paiute Tribe acting on behalf of the San Juan Southern Paiute 
        Tribe and the Members of the San Juan Southern Paiute Tribe 
        under Exhibits 13.11 and 13.12 to the Settlement Agreement.
            (2) Satisfaction of water rights.--Any entitlement to water 
        of the San Juan Southern Paiute Tribe and the Members of the 
        San Juan Southern Paiute Tribe or the United States, acting as 
        trustee for the San Juan Southern Paiute Tribe and the Members 
        of the San Juan Southern Paiute Tribe, for San Juan Southern 
        Paiute Land shall be satisfied out of the water resources and 
        other benefits granted, confirmed, quantified, or recognized by 
        the Settlement Agreement and this Act, to or for the San Juan 
        Southern Paiute Tribe and the Members of the San Juan Southern 
        Paiute Tribe and the United States, acting as trustee for the 
        San Juan Southern Paiute Tribe and the Members of the San Juan 
        Southern Paiute Tribe.
            (3) No right established.--Notwithstanding paragraphs (1) 
        and (2), nothing in the Settlement Agreement or this Act 
        recognizes or establishes any right of a Member of the San Juan 
        Southern Paiute Tribe to water on the San Juan Southern Paiute 
        Southern Area.

SEC. 16. ENFORCEABILITY DATE.

    (a) In General.--The Settlement Agreement, including the waivers 
and releases of claims described in paragraph 13 of the Settlement 
Agreement and section 14, shall take effect and be fully enforceable on 
the date on which the Secretary publishes in the Federal Register a 
statement of findings in accordance with the following:
            (1) The Settlement Agreement has been revised, through an 
        amendment and restatement--
                    (A) to eliminate any conflict between the 
                Settlement Agreement and this Act; and
                    (B) to include the executed Water Delivery 
                Contracts required by section 6(c) and subparagraphs 
                10.1.1, 10.1.2, 10.1.3, 11.1.1, and 11.1.2 as Exhibits 
                to the Settlement Agreement.
            (2) The Settlement Agreement, as revised through an 
        amendment and restatement pursuant to paragraph (1), has been 
        signed by not fewer than 30 of the Parties who executed the 
        Settlement Agreement, making the Settlement Agreement 
        effective, including--
                    (A) the United States, acting through the 
                Secretary;
                    (B) the Navajo Nation;
                    (C) the Hopi Tribe;
                    (D) the San Juan Southern Paiute Tribe;
                    (E) the State;
                    (F) the Arizona State Land Department;
                    (G) the Central Arizona Water Conservation 
                District;
                    (H) the Salt River Project Agricultural Improvement 
                and Power District; and
                    (I) the Salt River Valley Water Users' Association.
            (3) Any Exhibit to the Settlement Agreement requiring 
        execution by any Party has been executed by the required Party.
            (4) The waivers and releases of claims described in 
        paragraph 13 of the Settlement Agreement and section 14 have 
        been executed by the United States, Navajo Nation, Hopi Tribe, 
        San Juan Southern Paiute Tribe, the State, and the other 
        Parties.
            (5) $5,000,000,000 has been authorized, appropriated, and 
        deposited in the designated accounts pursuant to section 13.
            (6) The LCR Decree has been approved by the LCR 
        Adjudication Court substantially in the form of the judgment 
        and decree attached as Exhibit 3.1.82 to the Settlement 
        Agreement, as amended to ensure consistency with this Act.
            (7) The Gila River Adjudication Decree has been approved by 
        the Gila River Adjudication Court substantially in the form of 
        the judgment and decree attached as Exhibit 3.1.47 to the 
        Settlement Agreement, as amended to ensure consistency with 
        this Act.
            (8) The San Juan Southern Paiute Tribe and the Navajo 
        Tribal Utility Authority have executed a water services 
        agreement to deliver municipal water to the San Juan Southern 
        Paiute Tribe and its members.
            (9) Each of the Navajo Nation, the Hopi Tribe, and the San 
        Juan Southern Paiute Tribe have executed the tribal resolution 
        described in subsections (a)(2), (b)(2), and (c)(2) of section 
        18, respectively, consenting to the limited waiver of sovereign 
        immunity from suit in the circumstances described in that 
        section.
    (b) Failure to Satisfy Conditions.--
            (1) In general.--Except as provided in paragraph (2), if 
        the Secretary fails to publish in the Federal Register a 
        statement of findings under subsection (a) by June 30, 2035, or 
        such alternative later date as may be agreed to by the Navajo 
        Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, the 
        Secretary, and the State--
                    (A) this Act is repealed;
                    (B) any action taken by the Secretary and any 
                contract or agreement entered into pursuant to this Act 
                shall be void;
                    (C) the United States shall be entitled to offset 
                any Federal amounts made available under section 
                13(a)(2)(B) that were used under that section against 
                any claims asserted by the Tribes against the United 
                States; and
                    (D) any amounts appropriated under section 13, 
                together with any investment earnings on those amounts, 
                less any amounts expended under section 9, shall revert 
                immediately to the general fund of the Treasury.
            (2) Continued existence of the san juan southern paiute 
        reservation.--
                    (A) In general.--Section 19 becomes effective on 
                the date of enactment of this Act.
                    (B) Continued effectiveness.--Notwithstanding 
                paragraph (1), if the Secretary fails to publish in the 
                Federal Register a statement of findings under that 
                paragraph by June 30, 2035, or such alternative later 
                date as may be agreed to by the Tribes, the Secretary 
                and the State, section 19 shall remain in effect.

SEC. 17. COLORADO RIVER ACCOUNTING.

    (a) Accounting for the Type of Water Delivered.--
            (1) Navajo nation cibola water; navajo nation fourth 
        priority water.--All deliveries of Navajo Nation Cibola Water 
        and Navajo Nation Fourth Priority Water effected by the 
        diversion of water from the San Juan River or from the Colorado 
        River above Lee Ferry shall be accounted for as deliveries of 
        Arizona Lower Basin Colorado River Water.
            (2) Hopi tribe cibola water.--All deliveries of Hopi Tribe 
        Cibola Water effected by the diversion of water from the 
        Colorado River above Lee Ferry shall be accounted for as 
        deliveries of Arizona Lower Basin Colorado River Water.
            (3) Navajo nation upper basin colorado river water.--All 
        deliveries of Navajo Nation Upper Basin Colorado River Water 
        effected by diversion of water from the Upper Basin in the 
        State, New Mexico, or Utah shall be accounted for as deliveries 
        of Arizona Upper Basin Colorado River Water.
            (4) Hopi tribe upper basin colorado river water.--All 
        deliveries of Hopi Tribe Upper Basin Colorado River Water 
        effected by diversion of water from the Upper Basin in the 
        State shall be accounted for as deliveries of Arizona Upper 
        Basin Colorado River Water.
            (5) Upper basin colorado river water.--All deliveries of 
        Upper Basin Colorado River Water leased by either the Navajo 
        Nation or the Hopi Tribe, whether effected by a diversion of 
        water from the Upper Basin or the Lower Basin, shall be 
        accounted for as deliveries of Arizona Upper Basin Colorado 
        River Water.
            (6) Lower basin colorado river water.--All deliveries of 
        Lower Basin Colorado River Water leased by the Navajo Nation or 
        the Hopi Tribe, whether effected by a diversion of water from 
        the Upper Basin or the Lower Basin, shall be accounted for as 
        deliveries of Arizona Lower Basin Colorado River Water.
    (b) Special Accounting Rules for Lower Basin Colorado River Water 
as Lower Basin Use in Arizona, Regardless of Point of Diversion or 
Place of Use.--Notwithstanding section 10603(c)(2)(A) of the 
Northwestern New Mexico Rural Water Projects Act (Public Law 111-11; 
123 Stat. 1384), all Navajo Nation Cibola Water, Navajo Nation Fourth 
Priority Water, and Hopi Tribe Cibola Water delivered to and 
consumptively used by the Navajo Nation, the Hopi Tribe, or their 
lessees pursuant to the Settlement Agreement shall be--
            (1) accounted for as if such Use had occurred in the Lower 
        Basin, regardless of the point of diversion or place of Use;
            (2) credited as water reaching Lee Ferry pursuant to 
        articles III(c) and III(d) of the Colorado River Compact;
            (3) charged against the consumptive use apportionment made 
        to the Lower Basin by article III(a) of the Colorado River 
        Compact; and
            (4) accounted for as part of and charged against the 
        2,800,000 acre-feet of Colorado River Water apportioned to the 
        State in article II(B)(1) of the Decree.
    (c) Limitation.--Notwithstanding subsections (a) and (b), no water 
diverted by the Navajo-Gallup Water Supply Project shall be accounted 
for as provided in those subsections until such time as the Secretary 
has developed and, as necessary and appropriate, modified, in 
consultation with the State, the Upper Basin Colorado River Commission, 
and the Governors' representatives on Colorado River Operations from 
each State signatory to the Colorado River Compact, all operational and 
decisional criteria, policies, contracts, guidelines, or other 
documents that control the operations of the Colorado River System 
reservoirs and diversion works, so as to adjust, account for, and 
offset the diversion of water apportioned to the State, pursuant to the 
Boulder Canyon Project Act (43 U.S.C. 617 et seq.), from a point of 
diversion on the San Juan River in New Mexico, subject to the 
conditions that--
            (1) all modifications shall be consistent with section 
        10603(c) of the Northwestern New Mexico Rural Water Projects 
        Act (Public Law 111-11; 123 Stat. 1384), as modified by this 
        subsection; and
            (2) the modifications made pursuant to this subsection 
        shall only be applicable for the duration of any such 
        diversions pursuant to section 10603(c)(2)(B) of the 
        Northwestern New Mexico Rural Water Projects Act (Public Law 
        111-11; 123 Stat. 1385) and this Act.

SEC. 18. LIMITED WAIVER OF SOVEREIGN IMMUNITY.

    (a) Limited Waiver by the Navajo Nation and the United States 
Acting as Trustee for the Navajo Nation and Navajo Allottees.--
            (1) In general.--The Navajo Nation, and the United States 
        acting as trustee for the Navajo Nation and Navajo Allottees, 
        may be joined in any action brought in any circumstance 
        described in paragraph (3), and any claim by the Navajo Nation 
        and the United States to sovereign immunity from any such 
        action is waived.
            (2) Navajo nation consent.--By resolution No. CMY-26-24 and 
        dated May 24, 2024, the Navajo Nation Council has affirmatively 
        consented to the limited waiver of sovereign immunity from suit 
        in any circumstance described in paragraph (3), notwithstanding 
        any provision of the Navajo Nation Code or any other Navajo 
        Nation law.
            (3) Circumstances described.--A circumstance referred to in 
        paragraphs (1) and (2) is any of the following:
                    (A) Any party to the Settlement Agreement--
                            (i) brings an action in any court of 
                        competent jurisdiction relating only and 
                        directly to the interpretation or enforcement 
                        of--
                                    (I) this Act; or
                                    (II) the Settlement Agreement;
                            (ii) names the Navajo Nation, or the United 
                        States acting as trustee for the Navajo Nation 
                        or Navajo Allottees, as a party in that action; 
                        and
                            (iii) does not include any request for 
                        award against the Navajo Nation, or the United 
                        States acting as trustee for the Navajo Nation 
                        or Navajo Allottees, for money damages, court 
                        costs, or attorney fees.
                    (B) Any landowner or water user in the LCR 
                Watershed or the Gila River Watershed--
                            (i) brings an action in any court of 
                        competent jurisdiction relating only and 
                        directly to the interpretation or enforcement 
                        of--
                                    (I) paragraph 13 of the Settlement 
                                Agreement;
                                    (II) the LCR Decree or the Gila 
                                River Adjudication Decree; or
                                    (III) section 14;
                            (ii) names the Navajo Nation, or the United 
                        States acting as trustee for the Navajo Nation 
                        or Navajo Allottees, as a party in that action; 
                        and
                            (iii) does not include any request for 
                        award against the Navajo Nation, or the United 
                        States acting as trustee for the Navajo Nation 
                        or Navajo Allottees, for money damages, court 
                        costs or attorney fees.
    (b) Limited Waiver by the Hopi Tribe and the United States Acting 
as Trustee for the Hopi Tribe and Hopi Allotees.--
            (1) In general.--The Hopi Tribe, and the United States 
        acting as trustee for the Hopi Tribe and Hopi Allottees, may be 
        joined in any action brought in any circumstance described in 
        paragraph (3), and any claim by the Hopi Tribe and the United 
        States to sovereign immunity from any such action is waived.
            (2) Hopi tribe consent.--By resolution No. H-035-2024 and 
        dated May 20, 2024, the Hopi Tribal Council has affirmatively 
        consented to the limited waiver of sovereign immunity from suit 
        in any circumstance described in paragraph (3), notwithstanding 
        any provision of the Hopi Tribal Code or any other Hopi Tribe 
        law.
            (3) Circumstances described.--A circumstance referred to in 
        paragraphs (1) and (2) is any of the following:
                    (A) Any party to the Settlement Agreement--
                            (i) brings an action in any court of 
                        competent jurisdiction relating only and 
                        directly to the interpretation or enforcement 
                        of--
                                    (I) this Act; or
                                    (II) the Settlement Agreement;
                            (ii) names the Hopi Tribe or the United 
                        States, acting as trustee for the Hopi Tribe or 
                        Hopi Allottees, as a party in that action; and
                            (iii) does not include any request for 
                        award against the Hopi Tribe, or the United 
                        States acting as trustee for the Hopi Tribe or 
                        Hopi Allottees, for money damages, court costs, 
                        or attorney fees.
                    (B) Any landowner or water user in the LCR 
                Watershed--
                            (i) brings an action in any court of 
                        competent jurisdiction relating only and 
                        directly to the interpretation or enforcement 
                        of--
                                    (I) paragraph 13 of the Settlement 
                                Agreement;
                                    (II) the LCR Decree; or
                                    (III) section 14;
                            (ii) names the Hopi Tribe, or the United 
                        States acting as trustee for the Hopi Tribe or 
                        Hopi Allottees, as a party in that action; and
                            (iii) does not include any request for 
                        award against the Hopi Tribe, or the United 
                        States acting as trustee for the Hopi Tribe or 
                        Hopi Allottees, for money damages, court costs, 
                        or attorney fees.
    (c) Limited Waiver by the San Juan Southern Paiute Tribe and the 
United States Acting as Trustee for the San Juan Southern Paiute 
Tribe.--
            (1) In general.--The San Juan Southern Paiute Tribe and the 
        United States acting as trustee for the San Juan Southern 
        Paiute Tribe may be joined in any action brought in any 
        circumstance described in paragraph (3), and any claim by the 
        San Juan Southern Paiute Tribe and the United States to 
        sovereign immunity from any such action is waived.
            (2) San juan southern paiute tribe consent.--By resolution 
        No. 2024-040, dated May 23, 2024, the San Juan Southern Paiute 
        Tribal Council has affirmatively consented to the limited 
        waiver of sovereign immunity from suit in any circumstance 
        described in paragraph (3), notwithstanding any provision of 
        the San Juan Southern Paiute Tribal Code or any other San Juan 
        Southern Paiute Tribal law.
            (3) Circumstances described.--A circumstance referred to in 
        paragraphs (1) and (2) is any of the following:
                    (A) Any party to the Settlement Agreement--
                            (i) brings an action in any court of 
                        competent jurisdiction relating only and 
                        directly to the interpretation or enforcement 
                        of--
                                    (I) this Act; or
                                    (II) the Settlement Agreement;
                            (ii) names the San Juan Southern Paiute 
                        Tribe or the United States acting as trustee 
                        for the San Juan Southern Paiute Tribe as a 
                        party in that action; and
                            (iii) does not include any request for 
                        award against the San Juan Southern Paiute 
                        Tribe, or the United States acting as trustee 
                        for the San Juan Southern Paiute Tribe, for 
                        money damages, court costs, or attorney fees.
                    (B) Any landowner or water user in the LCR 
                Watershed--
                            (i) brings an action in any court of 
                        competent jurisdiction relating only and 
                        directly to the interpretation or enforcement 
                        of--
                                    (I) paragraph 13 of the Settlement 
                                Agreement;
                                    (II) the LCR Decree; or
                                    (III) section 14;
                            (ii) names the San Juan Southern Paiute 
                        Tribe or the United States acting as trustee 
                        for the San Juan Southern Paiute Tribe as a 
                        party in that action; and
                            (iii) does not include any request for 
                        award against the San Juan Southern Paiute 
                        Tribe, or the United States acting as trustee 
                        for the San Juan Southern Paiute Tribe, for 
                        money damages, court costs, or attorney fees.

SEC. 19. RATIFICATION OF THE TREATY AND CREATION OF THE SAN JUAN 
              SOUTHERN PAIUTE RESERVATION.

    (a) Ratification and Approval of the Treaty.--The Treaty and the 
Treaty Addendum are hereby approved, ratified, and confirmed.
    (b) Approval of the Secretary.--
            (1) In general.--The Secretary is authorized and directed--
                    (A) to approve and execute the Treaty and the 
                Treaty Addendum, except that the specific findings 
                stated under the heading ``APPROVAL'' shall not be 
                binding on the Secretary; and
                    (B) to take all steps necessary to implement the 
                Treaty and this Act.
            (2) Approval and execution of amendments.--The Secretary is 
        delegated the authority, without a further Act of Congress, to 
        approve and execute amendments to the Treaty agreed to by the 
        Navajo Nation and the San Juan Southern Paiute Tribe.
    (c) Lands Proclaimed a Reservation for the San Juan Southern Paiute 
Tribe.--
            (1) In general.--All right, title, and interest, including 
        Water Rights, to the approximately 5,400 acres of land within 
        the Navajo Indian Reservation that are described in the Treaty 
        as the San Juan Paiute Northern Area and the San Juan Paiute 
        Southern Paiute Area are hereby proclaimed as the San Juan 
        Southern Paiute Reservation and such land shall be held by the 
        United States in trust as a reservation for the exclusive 
        benefit of the San Juan Southern Paiute Tribe, subject to the 
        rights of access under subsection (d).
            (2) No appraisal or valuation.--Notwithstanding any other 
        provision law, no appraisal or other valuation shall be 
        required to carry out this subsection.
    (d) Rights of Access and Easements.--The Navajo Reservation and the 
San Juan Southern Paiute Reservation shall be subject to the rights of 
access and easements as identified in the Treaty.
    (e) Surveying and Fencing of Land.--
            (1) Requirement.--The Secretary shall--
                    (A) as soon as practicable after the date of 
                enactment of this Act, complete a survey and legal 
                description of the boundary lines to establish the 
                boundaries of the San Juan Southern Paiute Reservation;
                    (B) officially file the survey plat in the 
                appropriate office of the Department of the Interior;
                    (C) mark and fence the lands as described in 
                article V of the Treaty, where feasible; and
                    (D) study the feasibility of an access road to the 
                San Juan Paiute Southern Area from U.S. Route 89, as 
                described in article XI of the Treaty.
            (2) Legal description.--
                    (A) In general.--The legal descriptions published 
                in accordance with subparagraph (B) shall--
                            (i) be considered the official legal 
                        description of the San Juan Southern Paiute 
                        Reservation; and
                            (ii) have the same force and effect as if 
                        included in this Act.
                    (B) Publication.--On completion of the surveys 
                under paragraph (1)(A), the Secretary shall publish in 
                the Federal Register a legal description of the land 
                comprising the San Juan Southern Paiute Reservation.
                    (C) Corrections.--The Secretary may make minor 
                corrections to correct technical and clerical errors in 
                the legal descriptions.
    (f) Repeal of Paiute Allotment Procedures.--Section 9 of Public Law 
93-531 (88 Stat. 1716) is repealed.
    (g) Publication; Jurisdiction.--
            (1) Publication.--In accordance with article VI of the 
        Treaty, the Secretary shall publish in the Federal Register 
        separate notices of completion or boundary marking of--
                    (A) the San Juan Paiute Northern Area; and
                    (B) the San Juan Paiute Southern Area.
            (2) Jurisdiction.--On publication in the Federal Register 
        under subparagraph (A) or (B) of paragraph (1)--
                    (A) the San Juan Southern Paiute Tribe shall have 
                full jurisdiction over all matters within that area of 
                the San Juan Southern Paiute Reservation to the fullest 
                extent permitted by Federal law; and
                    (B) the Navajo Nation shall not have jurisdiction 
                over matters occurring within that area of the San Juan 
                Southern Paiute Reservation except as agreed to by the 
                Navajo Nation and the San Juan Southern Paiute Tribe.

SEC. 20. ANTIDEFICIENCY; SAVINGS PROVISIONS; EFFECT.

    (a) No Quantification or Effect on Rights of Other Indian Tribes or 
the United States on Their Behalf.--Except as provided in paragraph 8.3 
of the Settlement Agreement, nothing in this Act--
            (1) quantifies or otherwise affects the Water Rights, or 
        claims or entitlements to water or to Upper Basin Colorado 
        River Water or Lower Basin Colorado River Water, of any Indian 
        Tribe, band, or community, other than the Navajo Nation, the 
        Hopi Tribe, or the San Juan Southern Paiute Tribe; or
            (2) affects the ability of the United States to take action 
        on behalf of any Indian Tribe, nation, band, community, or 
        allottee, other than the Navajo Nation, the Hopi Tribe and the 
        San Juan Southern Paiute Tribe, their members, Navajo 
        Allottees, Hopi Allottees, and Public Domain Allottees.
    (b) No Quantification of Water Rights of Public Domain Allottees.--
Nothing in this Act--
            (1) quantifies or adjudicates any Water Right or any claim 
        or entitlement to water of a Public Domain Allottee, or 
        precludes the United States, acting as trustee for Public 
        Domain Allottees, from making claims for Water Rights in the 
        State that are consistent with the claims described in Exhibit 
        3.1.132B to the Settlement Agreement; or
            (2) except as provided in subparagraphs 8.2.3, 8.4.7, and 
        15.2.3.4 of the Settlement Agreement, affects the ability of 
        the United States to take action on behalf of Public Domain 
        Allottees.
    (c) Antideficiency.--Notwithstanding any authorization of 
appropriations to carry out this Act, the United States shall not be 
liable for any failure of the United States to carry out any obligation 
or activity authorized by this Act, including all agreements or 
exhibits ratified or confirmed by this Act, if adequate appropriations 
are not provided expressly by Congress to carry out the purposes of 
this Act.
    (d) No Modification or Preemption of Other Laws.--Unless expressly 
provided in this Act, nothing in this Act modifies, conflicts with, 
preempts, or otherwise affects--
            (1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
            (2) the Boulder Canyon Project Adjustment Act (54 Stat. 
        774, chapter 643);
            (3) the Act of April 11, 1956 (commonly known as the 
        ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
        seq.);
            (4) the Colorado River Basin Project Act (43 U.S.C. 1501 et 
        seq.);
            (5) the Treaty between the United States of America and 
        Mexico, done at Washington February 3, 1944 (59 Stat. 1219);
            (6) the Colorado River Compact;
            (7) the Upper Colorado River Basin Compact of 1948;
            (8) the Omnibus Public Land Management Act of 2009 (Public 
        Law 111-11; 123 Stat. 991); or
            (9) case law relating to Water Rights in the Colorado River 
        System other than any case to enforce the Settlement Agreement 
        or this Act.
    (e) No Precedent.--Nothing in this Act establishes a precedent for 
any type of transfer of Colorado River System water between the Upper 
Basin and the Lower Basin.
    (f) Unique Situation.--Diversions through the iina ba - paa 
tuwaqat'si pipeline and the Navajo-Gallup Water Supply Project 
facilities consistent with this Act address critical Tribal and non-
Indian water supply needs under unique circumstances, which include, 
among other things--
            (1) the intent to benefit a number of Indian Tribes;
            (2) the Navajo Nation's location in the Upper Basin and the 
        Lower Basin;
            (3) the intent to address critical Indian and non-Indian 
        water needs in the State;
            (4) the lack of other reasonable alternatives available for 
        developing a firm, sustainable supply of municipal water for 
        the Navajo Nation, the Hopi Tribe, and the San Juan Southern 
        Paiute Tribe in the State; and
            (5) the limited volume of water to be diverted by the iina 
        ba - paa tuwaqat'si pipeline and Navajo-Gallup Water Supply 
        Project to supply municipal Uses in the State.
    (g) Efficient Use.--The diversions and Uses authorized for the iina 
ba - paa tuwaqat'si pipeline under this Act represent unique and 
efficient Uses of Colorado River apportionments in a manner that 
Congress has determined would be consistent with the obligations of the 
United States to the Navajo Nation and the Hopi Tribe.
    (h) No Effect on Enforcement of Environmental Laws.--Nothing in 
this Act precludes the United States from enforcing the requirements 
of--
            (1) the Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including 
        claims for damages to natural resources);
            (2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
            (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 
        et seq.);
            (4) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
        (commonly known as the ``Resource Conservation and Recovery Act 
        of 1976''); or
            (5) the implementing regulations of those Acts.
                                 <all>