[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4705 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4705

To approve the settlement of water rights claims of the Yavapai-Apache 
 Nation in the State of Arizona, to authorize construction of a water 
 project relating to those water rights claims, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 11 (legislative day, July 10), 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 approve the settlement of water rights claims of the Yavapai-Apache 
 Nation in the State of Arizona, to authorize construction of a water 
 project relating to those water rights claims, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
    TITLE I--YAVAPAI-APACHE NATION WATER RIGHTS SETTLEMENT AGREEMENT

Sec. 101. Ratification and execution of the Yavapai-Apache Nation Water 
                            Rights Settlement Agreement.
Sec. 102. Water rights.
Sec. 103. Tu nl[[nichoh Water Infrastructure Project.
Sec. 104. Tu nl[[nichoh Water Infrastructure Project Fund.
Sec. 105. Yavapai-Apache Nation Water Settlement Trust Fund.
Sec. 106. Gaging station.
Sec. 107. Funding.
Sec. 108. Waivers, releases and retentions of claims.
Sec. 109. Satisfaction of water rights and other benefits; effect on 
                            members of the Yavapai-Apache Nation and 
                            Dinah Hood Allotment.
Sec. 110. Trust land.
Sec. 111. Yavapai-Apache Nation Cap Water.
Sec. 112. Enforceability date.
Sec. 113. Administration.
Sec. 114. Miscellaneous.
                 TITLE II--YAVAPAI-APACHE LAND EXCHANGE

Sec. 201. Yavapai-Apache land exchange.
Sec. 202. Town of Camp Verde and Forest Service.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to resolve, fully and finally, all claims to rights to 
        water, including damages claims related to water, in the State, 
        including in the Verde River Watershed and the Colorado River, 
        of--
                    (A) the Yavapai-Apache Nation, on behalf of the 
                Yavapai-Apache Nation and the Members of the Yavapai-
                Apache Nation (but not Members in the capacity of the 
                Members as Allottees);
                    (B) the United States, acting as trustee for the 
                Yavapai-Apache Nation and the Members of the Yavapai-
                Apache Nation (but not Members in the capacity of the 
                Members as Allottees);
            (2) to authorize, ratify, and confirm the Yavapai-Apache 
        Nation Water Rights Settlement Agreement, to the extent that 
        agreement is consistent with this Act;
            (3) to authorize and direct the Secretary to execute and 
        perform the duties and obligations of the Secretary under the 
        Yavapai-Apache Nation Water Rights Settlement Agreement and 
        this Act;
            (4) to authorize the appropriation of funds necessary to 
        carry out the Yavapai-Apache Nation Water Rights Settlement 
        Agreement and this Act; and
            (5) to recognize the important cultural, traditional and 
        religious value of the Verde River to the Yavepe (Yavapai) who 
        know the Verde River as Hatayakehela (``big river''), and to 
        the Dilzhef (Apache) who know the Verde River as Tu nl[[nichoh 
        (``big water flowing''), and to protect the existing flows of 
        the Verde River, including flood flows, as described in the 
        Agreement and this Act, on the Yavapai-Apache Reservation, now 
        and in the future.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Afy.--The term ``AFY'' means acre-feet per Year.
            (2) Agreement.--The term ``Agreement'' means (A) the 
        Yavapai-Apache Nation Water Rights Settlement Agreement dated 
        June 26, 2024; and (B) any amendment or exhibit (including 
        exhibit amendments) to the Agreement that are (i) made in 
        accordance with the Act, or (ii) otherwise approved by the 
        Secretary and the Parties to the Agreement.
            (3) Allottee.--The term ``Allottee'' means (A) an 
        individual Indian holding an undivided fractional beneficial 
        interest in the Dinah Hood Allotment; or (B) an Indian Tribe 
        holding an undivided fractional beneficial interest in the 
        Dinah Hood Allotment.
            (4) Arizona water banking authority.--The term ``Arizona 
        Water Banking Authority'' means the Arizona Water Banking 
        Authority, formed pursuant to A.R.S. Sec. Sec.  45-2401 et seq.
            (5) Available cap supply.--The term ``Available CAP 
        Supply'' means for any Year (A) all Fourth Priority River Water 
        available for delivery through the CAP; (B) water available 
        from CAP dams and reservoirs other than the Modified Roosevelt 
        Dam; and (C) return flows captured by the Secretary for CAP 
        use.
            (6) Bureau of reclamation.--The term ``Bureau of 
        Reclamation'' means the United States Bureau of Reclamation.
            (7) Cap or central arizona project.--The term ``CAP'' or 
        ``Central Arizona Project'' means the reclamation project 
        authorized and constructed by the United States in accordance 
        with Title III of the Colorado River Basin Project Act (43 
        U.S.C. Sec. 1521 et seq.).
            (8) Cap contract.--The term ``CAP Contract'' means a long-
        term contract (as defined in the CAP Repayment Stipulation) 
        with the United States for delivery of CAP Water through the 
        CAP System.
            (9) Cap contractor.--
                    (A) In general.--The term ``CAP Contractor'' means 
                a person or entity that has entered into a CAP 
                Contract.
                    (B) Inclusion.--The term ``CAP Contractor'' 
                includes the Yavapai-Apache Nation.
            (10) Cap fixed om&r charge.--The term ``CAP Fixed OM&R 
        Charge'' has the meaning given the term ``Fixed OM&R Charge'' 
        in the CAP Repayment Stipulation.
            (11) Cap indian priority water.--The term ``CAP Indian 
        Priority Water'' means water within the Available CAP Supply 
        having an Indian delivery priority.
            (12) Cap operating agency.--The term ``CAP Operating 
        Agency'' means--
                    (A) the 1 or more entities authorized to assume 
                responsibility for the care, operation, maintenance and 
                replacement of the CAP System; and
                    (B) as of the date of enactment of this Act, is 
                CAWCD.
            (13) Cap pumping energy charge.--The term ``CAP Pumping 
        Energy Charge'' means the term ``Pumping Energy Charge'' in the 
        CAP Repayment Stipulation.
            (14) Cap repayment contract.--The term ``CAP Repayment 
        Contract'' means--
                    (A) the contract dated December 1, 1988 (Contract 
                No. 14-06-W-245, Amendment No. 1), between the United 
                States and the Central Arizona Water Conservation 
                District for the Delivery of Water and Repayment of 
                Costs of the CAP; and
                    (B) any amendment to, or revision of, that 
                contract.
            (15) Cap repayment stipulation.--The term ``CAP Repayment 
        Stipulation'' means the Stipulated Judgment and the Stipulation 
        for Judgment, including any exhibits to those documents, 
        entered on November 21, 2007, in the United States District 
        Court for the District of Arizona in the consolidated civil 
        action Central Arizona Water Conservation District v. United 
        States, et al., numbered CIV 95-625-TUC-WDB-EHC and CIV 95-
        1720-PHX-EHC.
            (16) CAPSA.--The term ``CAPSA'' means the Central Arizona 
        Project Settlement Act of 2004, Title I of the Arizona Water 
        Settlements Act, P.L. 108-451, 118 Stat. 3478 (2004).
            (17) Cap subcontract.--The term ``CAP Subcontract'' means a 
        long-term subcontract (as defined in the CAP Repayment 
        Stipulation) with the United States and the Central Arizona 
        Water Conservation District for the delivery of CAP water 
        through the CAP System.
            (18) Cap subcontrator.--The term ``CAP Subcontractor'' 
        means a person or entity that has entered into a CAP 
        Subcontract.
            (19) Cap system.--The term ``CAP System'' means--
                    (A) the Mark Wilmer Pumping Plant;
                    (B) the Hayden-Rhodes Aqueduct;
                    (C) the Fannin-McFarland Aqueduct;
                    (D) the Tucson Aqueduct;
                    (E) any pumping plant or appurtenant work of a 
                feature described in (A), (B), (C), or (D); and
                    (F) any extension of, addition to, or replacement 
                of a feature described in Subparagraph (A), (B), (C), 
                (D), or (E).
            (20) Cap system use agreement.--The term ``CAP System Use 
        Agreement'' means that certain Central Arizona Project System 
        Use Agreement dated February 2, 2017, between the United States 
        of America and the Central Arizona Water Conservation District.
            (21) Cap water.--The term ``CAP Water'' has the meaning 
        given the term ``Project Water'' in the CAP Repayment 
        Stipulation.
            (22) Cawcd.--The term ``CAWCD'' means the political 
        subdivision of the State that is the contractor under the CAP 
        Repayment Contract and is the CAP Operating Agency as of the 
        date of enactment of the Act.
            (23) C.c. cragin dam and reservoir.--
                    (A) In general.--The term ``C.C. Cragin Dam and 
                Reservoir'' means--
                            (i) the C.C. Cragin Dam and Reservoir 
                        located on East Clear Creek in Coconino County, 
                        Arizona, owned by the United States and 
                        operated by the Salt River Project Agricultural 
                        Improvement and Power District;
                            (ii) associated facilities located in Gila 
                        and Coconino Counties, Arizona, including 
                        pipelines, tunnels, buildings, hydroelectric 
                        generating facilities and other structures of 
                        every kind; transmission, telephone and fiber 
                        optic lines; pumps, machinery, tools and 
                        appliances; and
                            (iii) all real or personal property, 
                        appurtenant to or used, or constructed or 
                        otherwise acquired to be used, in connection 
                        with the C.C. Cragin Dam and Reservoir.
                    (B) Exclusion.--The term ``C.C. Cragin Dam and 
                Reservoir'' does not include the Cragin-Verde Pipeline 
                Project.
            (24) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau of Reclamation.
            (25) Cragin capital costs.--The term ``Cragin Capital 
        Costs'' means all costs incurred by SRP for the acquisition and 
        improvement of land, facilities, equipment, and inventories 
        related to the C.C. Cragin Dam and Reservoir, which shall 
        include: labor, overhead, materials, supplies, spare parts, 
        equipment purchase and rental, and transportation. Prior to May 
        1, 2009, all expenses incurred by SRP are accrued as Cragin 
        Capital Costs excluding capital costs of the SRP-Cragin Pumping 
        System.
            (26) Cragin o&m costs.--The term ``Cragin O&M Costs'' means 
        all costs incurred by SRP for the operation and maintenance of 
        all C.C. Cragin facilities, except for those costs defined as 
        Cragin Capital Costs. Such costs shall include costs for the 
        following items: insurance, inspections, permits, taxes, fees, 
        licenses, contract services, legal services, accounting, 
        travel, environmental compliance, repairs, testing, labor, 
        salaries, overhead, materials, supplies, expenses, equipment, 
        vehicles, energy, fuel, and any cost borne by SRP prior to the 
        assumption of care, operation, and maintenance of the Cragin-
        Verde Pipeline Project by SRP from the United States pursuant 
        to the 1917 Agreement, excluding O&M Costs and A&G Costs of 
        SRP-Cragin Pumping System as defined in the YAN-SRP Water 
        Delivery and Use Agreement.
            (27) Cragin-verde pipeline project.--The term ``Cragin-
        Verde Pipeline Project'' means the water infrastructure project 
        under the Tu nl[[nichoh Water Infrastructure Project, as 
        described in section 103(b) of this Act, which will deliver 
        water from the C.C. Cragin Dam and Reservoir to the Yavapai-
        Apache Nation, and to other beneficiaries in accordance with 
        section 114(a) of this Act.
            (28) Cap/srp interconnection facility.--The term ``CAP/SRP 
        Interconnection Facility'' means the interconnection facility 
        that connects the Hayden-Rhodes Aqueduct of the CAP System to 
        SRP's water delivery system.
            (29) Date of substantial completion.--The term ``Date of 
        Substantial Completion'' means the date described in section 
        103(d).
            (30) Depletion or deplete.--The term ``Depletion'' or 
        ``Deplete'' means the amount of Water Diverted less return 
        flows to the Verde River Watershed.
            (31) Dinah hood allotment.--The term ``Dinah Hood 
        Allotment'' means the tract of land allotted pursuant to 
        Section 4 of the General Allotment Act of 1887, 24 Stat. 389, 
        ch. 119 (formerly codified at 25 U.S.C. Sec.  334) that is held 
        in trust by the United States for the benefit of Allottees 
        under patent number 926562, as described and depicted in 
        Exhibit 2.37 to the Agreement.
            (32) Diversion.--The term ``Diversion'' means an act to 
        Divert.
            (33) Divert or diverting.--The term ``Divert'' or 
        ``Diverting'' means to receive, withdraw or develop and produce 
        or capture Water (A) using a ditch, canal, flume, bypass, 
        pipeline, pit, collection or infiltration gallery, conduit, 
        well, pump, turnout, dam, or any other mechanical device; or 
        (B) by any other human act.
            (34) Domestic use.--The term ``Domestic Use'' means, for 
        purposes of Paragraph 13.0 of the Agreement and section 108 of 
        this Act, a Use of Water serving a residence, or multiple 
        residences up to a maximum of three residential connections, 
        for household purposes with associated irrigation of lawns, 
        gardens or landscape in an amount of not more than one-half 
        acre per residence. Domestic Use does not include the Use of 
        Water delivered to a residence or multiple residences by a 
        city, town, private water company, irrigation provider or 
        special taxing district established pursuant to Title 48, 
        Arizona Revised Statutes.
            (35) Effective date.--The term ``Effective Date'' means the 
        date that the Agreement is signed by all of the Parties, other 
        than the United States.
            (36) 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 in 
        accordance with applicable law and the Agreement, regardless of 
        whether the water has been treated to improve the quality of 
        the water.
            (37) Enforceability date.--The term ``Enforceability Date'' 
        means the date described in section 112.
            (38) Exchange.--The term ``Exchange'' means a trade between 
        1 or more persons or entities, of any water for any other 
        water, if each person or entity has a right or claim to use the 
        water the person or entity provides in the trade, regardless of 
        whether the water is traded in equal quantities or other 
        consideration is included in the trade.
            (39) Federal land.--The term ``Federal Land'' means the 
        land described in section 201(a)(5).
            (40) Forest service.--The term ``Forest Service'' means the 
        United States Forest Service.
            (41) 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 subsequent 
        to September 30, 1968, for use on Federal, State, or privately 
        owned lands in the State, in a total quantity not to exceed 
        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.
            (42) Gila river adjudication proceedings.--The term ``Gila 
        River Adjudication Proceedings'' 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).
            (43) 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 Proceedings.
            (44) Groundwater.--The term ``Groundwater'' means all water 
        beneath the surface of the Earth within the State that is not--
        (A) Surface Water; (B) Effluent; or (C) Colorado River Water.
            (45) Impoundment.--The term ``Impoundment'' means any 
        human-made permanent body of water on the surface of the Earth, 
        including Stockponds, lakes, Effluent ponds, open-air water 
        storage tanks, irrigation ponds, and gravel pits. For purposes 
        of the Agreement and this Act, the term Impoundment does not 
        include recharge basins or swimming pools.
            (46) Indian tribe.--The term ``Indian Tribe'' shall have 
        the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (47) 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) Inclusion.--The term ``Injury to Water Rights'' 
                includes a change in the Groundwater table and any 
                effect of such a change.
                    (C) Exclusion.--The term ``Injury to Water Rights'' 
                does not include any injury to water quality.
            (48) Interim period.--The term ``Interim Period'' means the 
        period beginning on the Effective Date and ending on the Date 
        of Substantial Completion.
            (49) Lease agreement.--The term ``Lease Agreement'' means 
        any agreement entered into between the Yavapai-Apache Nation, 
        the Secretary, and any other person or entity pursuant to the 
        agreement.
            (50) Leased water.--The term ``Leased Water'' means the YAN 
        CAP Water that is leased pursuant to a Lease Agreement.
            (51) M&i use.--The term ``M&I Use'' or ``M&I Uses'' means 
        the Use of Water for domestic, municipal, industrial, and 
        commercial purposes.
            (52) Maximum annual depletion amount.--The term ``Maximum 
        Annual Depletion Amount'' means the maximum amount of Water 
        Depleted per Year for each Water Right set forth in 
        Subparagraph 4.1 of the Agreement.
            (53) Maximum annual diversion amount.--The term ``Maximum 
        Annual Diversion Amount'' means the maximum amount of Water 
        Diverted per Year for each Water Right set forth Subparagraph 
        4.1 the Agreement.
            (54) Member.--The term ``Member'' means any person duly 
        enrolled as a member of the Yavapai-Apache Nation.
            (55) Municipal water provider.--The term ``Municipal Water 
        Provider'' means a city, town, private water company, specially 
        designated homeowners association, or any special taxing 
        district established pursuant to Title 48 of the Arizona 
        Revised Statutes that supplies water for M&I Use.
            (56) Non-federal land.--The term ``Non-Federal Land'' means 
        the land described in section 201(a)(4).
            (57) Om&r.--The term ``OM&R'' means--(A) any recurring or 
        ongoing activity relating to the day-to-day operation of a 
        project; (B) any activity relating to scheduled or unscheduled 
        maintenance of a project; and (C) any activity relating to 
        replacing a feature of a project.
            (58) Party.--The term ``Party'' means a person or entity 
        that is a signatory to the Agreement. The participation of the 
        State as a Party shall be as described in Subparagraph 17.5 in 
        the Agreement. The United States participation as a Party shall 
        be in the capacity as described in Subparagraph 2.80 of the 
        Agreement.
            (59) Public water system.--The term ``Public Water System'' 
        means a water system that--(A) provides water for human 
        consumption through pipes or other constructed conveyances; and 
        (B) has at least fifteen service connections or regularly 
        serves an average of at least twenty-five persons daily for at 
        least sixty days a year.
            (60) Replacement well.--The term ``Replacement Well'' means 
        a well that--(A) is constructed to replace a well in existence 
        on the Effective Date; (B) is located no more than 660 feet 
        from the well being replaced; and (C) has a pumping capacity 
        and case diameter that do not exceed the pumping capacity and 
        case diameter of the well being replaced.
            (61) Secretary.--The term ``Secretary'' means the Secretary 
        of the United States Department of the Interior or the 
        Secretary's designee.
            (62) SRP.--The term ``SRP'' means the Salt River Project 
        Agricultural Improvement and Power District, a political 
        subdivision of the State, and the Salt River Valley Water 
        Users' Association, an Arizona Territorial Corporation.
            (63) SRP water.--The term ``SRP Water'' means the Water 
        made available in Subparagraph 8.1 of the Agreement, not to 
        exceed an average of 500 AFY, up to maximum of 583.86 acre-feet 
        in any given Year, to be stored in C.C. Cragin Reservoir, 
        without cost to SRP, and delivered for Use on the Reservation, 
        YAN Trust Land, and YAN After-Acquired Trust Land for 
        beneficial purposes.
            (64) SRRD.--The term ``SRRD'' means the Salt River 
        Reservoir District as defined on December 31, 2023 in Article 
        IV, Section 3, of the Articles of Incorporation of the Salt 
        River Valley Water Users' Association.
            (65) State.--The term ``State'' means the State of Arizona.
            (66) Stockpond.--The term ``Stockpond'' means an on-channel 
        or off-channel impoundment of any size that stores water that 
        is appropriable under Title 45, Arizona Revised Statutes, and 
        that is for the sole purpose of watering livestock and 
        wildlife.
            (67) Stock watering use.--The term ``Stock Watering Use'' 
        means the consumption of water by livestock and wildlife, 
        either: (A) directly from a naturally occurring body of water, 
        such as an undeveloped spring, cienega, seep, bog, lake, 
        depression, sink or stream; or (B) from small facilities, other 
        than a Stockpond, that are served by a Diversion of Water.
            (68) Surface water.--The term ``Surface Water'' means all 
        Water that is appropriable under State law.
            (69) Total maximum annual depletion amount.--The term 
        ``Total Maximum Annual Depletion Amount'' means the total of 
        all Maximum Annual Depletion Amounts as described in 
        Subparagraph 4.1 of the Agreement.
            (70) Total maximum annual diversion amount.--The term 
        ``Total Maximum Annual Diversion Amount'' means the total of 
        all Maximum Annual Diversion Amounts as described in 
        Subparagraph 4.1 of the Agreement.
            (71) Tu nl]]nichoh water infrastructure project.--The term 
        ``Tu nl[[nichoh Water Infrastructure Project'' means the water 
        infrastructure project including (A) the Cragin-Verde Pipeline 
        Project, as described in section 103(b), which will deliver 
        Water from the C.C. Cragin Dam and Reservoir to the Yavapai-
        Apache Nation and to other beneficiaries in the Verde Valley 
        Watershed; and (B) the YAN Drinking Water System Project, as 
        described in section 103(c), which will treat and distribute 
        the water delivered from the Cragin-Verde Pipeline Project.
            (72) Use.--The term ``Use'' means any beneficial use, 
        including instream flows, recharge, underground storage, 
        recovery or any other use recognized as beneficial under 
        applicable law.
            (73) USGS.--The term ``USGS'' means the United States 
        Geological Survey.
            (74) Verde river decree.--The term ``Verde River Decree'' 
        means the decree to be entered by the Gila River Adjudication 
        Court adjudicating all rights to water in the Verde River 
        Watershed.
            (75) Verde river subflow zone.--The term ``Verde River 
        Subflow Zone'' means the area in the Verde River Watershed 
        delineated by the Arizona Department of Water Resources as the 
        subflow zone on a map or maps that are approved by the Gila 
        River Adjudication Court.
            (76) Verde river water.--The term ``Verde River Water'' 
        means the Water as described in Paragraph 5.0 of the Agreement, 
        whether Diverted from the stream or pumped from a well.
            (77) Verde river watershed.--The term ``Verde River 
        Watershed'' means all lands located within the surface water 
        drainage of the Verde River and its tributaries, depicted on 
        the map attached as Exhibit 2.86 to the Agreement.
            (78) Water.--The term ``Water,'' when used without a 
        modifying adjective, means--(A) Groundwater; (B) Surface Water; 
        (C) Colorado River Water; (D) Effluent; or (E) CAP Water.
            (79) 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.
            (80) Yan after-acquired trust land.--The term ``YAN After-
        Acquired Trust Land'' means lands that is taken into trust by 
        the United States for the benefit of the Yavapai-Apache Nation 
        pursuant to applicable federal law after the Enforceability 
        Date.
            (81) Yan amended cap water delivery contract.--The term 
        ``YAN Amended CAP Water Delivery Contract'' means--(A) the 
        proposed contract between the Yavapai-Apache Nation and the 
        United States attached as Exhibit 6.1 to the Agreement and 
        numbered _____; and any amendments to that contract.
            (82) Yan cap water.--The term ``YAN CAP Water'' means CAP 
        Water to which the Yavapai-Apache Nation is entitled pursuant 
        to the Agreement and section 111 of this Act, and as provided 
        in the YAN Amended CAP Water Delivery Contract.
            (83) Yan cragin water.--The term ``YAN Cragin Water'' means 
        that amount of the water made available in Subparagraph 8.2 of 
        the Agreement, not to exceed an average of 2,910.26 AFY, up to 
        a maximum of 3,394.06 acre-feet in any given Year, to be stored 
        in C.C. Cragin Dam and Reservoir, without cost to SRP, and 
        delivered for Use on the Yavapai-Apache Reservation, YAN Trust 
        Land, and YAN After-Acquired Trust Land for beneficial 
        purposes.
            (84) Yan delivery point.--The term ``YAN Delivery Point'' 
        means the point or points located at the end of the Cragin-
        Verde Pipeline Project where Water may be delivered to the YAN 
        or the United States acting as trustee for the YAN pursuant to 
        the YAN-SRP Water Delivery and Use Agreement.
            (85) Yan districts.--The term ``YAN Districts'' means (A) 
        the Camp Verde District; (B) the Middle Verde District; (C) the 
        Montezuma District; (D) the Clarkdale District; and (E) the 
        Rimrock District, of the Yavapai-Apache Reservation, each of 
        which districts is separately depicted in Exhibits 2.96A, 
        2.96B, 2.96C, 2.96D and 2.96E to the Agreement, and any 
        additions to a YAN District under applicable law.
            (86) Yan drinking water system project.--The term ``YAN 
        Drinking Water System Project'' or ``Yavapai-Apache Drinking 
        Water System Project'' means the Yavapai-Apache Nation's water 
        treatment and water distribution system project under the Tu 
        nl[[nichoh Water Infrastructure Project, as described in 
        section 103(c) of the Act, that will treat and distribute water 
        delivered from the C.C. Cragin Reservoir.
            (87) Yan fee land.--The term ``YAN Fee Land'' means land 
        that, as of the Enforceability Date, is: (A) located outside 
        the exterior boundaries of the Yavapai-Apache Reservation; (B) 
        owned in fee by the Yavapai-Apache Nation and has not been 
        taken into trust by the United States for the benefit of the 
        Yavapai-Apache Nation; and (C) described and shown in Exhibit 
        2.98 to the Agreement.
            (88) Yan judgment.--The term ``YAN Judgment'' means the 
        judgment and decree entered by the Gila River Adjudication 
        Court as described in the Agreement.
            (89) Yan land.--The term ``YAN Land'' means, collectively, 
        the YAN Reservation, YAN Trust Land and YAN Fee Land.
            (90) Yan point of compliance.--The term ``YAN Point of 
        Compliance'' means the location of the Verde River proximate to 
        USGS gage number 09504950 identified as the ``Verde River Above 
        Camp Verde'' gage, located at Global Positioning System 
        coordinates 34.6116972, -111.8984306 within the Middle Verde 
        District of the Reservation.
            (91) Yan pumped water.--The term ``YAN Pumped Water'' means 
        the Water pumped from beneath the surface of the Earth, 
        regardless of its legal characterization as appropriable or 
        non-appropriable under Federal, State or other law.
            (92) Yan-srp exchange agreement.--The term ``YAN-SRP 
        Exchange Agreement'' means that agreement between the Nation 
        and SRP, as approved by the United States, in the form 
        substantially similar to that attached as Exhibit 6.5 to the 
        Agreement.
            (93) Yan-srp water delivery and use agreement or yan-srp 
        wdua.--The term ``YAN-SRP Water Delivery and Use Agreement'' or 
        ``YAN-SRP WDUA'' means that agreement between the Nation and 
        SRP, as approved by the United States, in the form 
        substantially similar to that attached as Exhibit 10.1 to the 
        Agreement.
            (94) Yavapai-apache nation, yan or nation.--The term 
        ``Yavapai-Apache Nation'', ``YAN'', or ``Nation'' means the 
        Yavapai-Apache Nation of the Camp Verde Indian Reservation, 
        Arizona, a federally recognized Indian Tribe organized pursuant 
        to Section 16 of the Indian Reorganization Act of June 18, 
        1934, 48 Stat. 987 (25 U.S.C. 5123).
            (95) Yan trust land.--The term ``YAN Trust Land'' means 
        land that, as of the Enforceability Date, is--(A) located 
        outside the boundaries of the YAN Reservation; (B) held in 
        trust by the United States for the benefit of the YAN; and (C) 
        depicted on the map attached as Exhibit 2.102 to the Agreement.
            (96) Yavapai-apache reservation, yan reservation or 
        reservation.--The term ``Yavapai-Apache Reservation'', ``YAN 
        Reservation'' or ``Reservation'' means the land described in 
        section 110(a).
            (97) Year.--The term ``Year'' (A) when used in the context 
        of deliveries of YAN Cragin Water and SRP Water pursuant to 
        Paragraph 8.0 of the Agreement, means May 1 through April 30; 
        and (B) in all other instances, the term ``Year'' means a 
        calendar year.

    TITLE I--YAVAPAI-APACHE NATION WATER RIGHTS SETTLEMENT AGREEMENT

SEC. 101. RATIFICATION AND EXECUTION OF THE YAVAPAI-APACHE NATION WATER 
              RIGHTS SETTLEMENT AGREEMENT.

    (a) Ratification.--
            (1) In general.--Except as modified by this Act, and to the 
        extent the Yavapai-Apache Nation Water Rights Settlement 
        Agreement does not conflict with this Act, the Agreement is 
        authorized, ratified, and confirmed.
            (2) Amendments.--If an amendment to the Agreement, 
        including an amendment to any exhibit attached to the Agreement 
        requiring the signature or approval of the Secretary, is 
        executed in accordance with this Act to make the Agreement 
        consistent with this Act, the amendment is authorized, 
        ratified, and confirmed, to the extent the amendment is 
        consistent with this Act.
    (b) Execution.--
            (1) In general.--To the extent the Agreement does not 
        conflict with this Act, the Secretary shall execute the 
        Agreement, including all exhibits to, or parts of, the 
        Agreement requiring the signature of the Secretary.
            (2) Modifications.--Nothing in this Act prohibits the 
        Secretary from approving any modification to the Agreement, 
        including any Exhibit to the 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 Agreement (including 
        all exhibits to the Agreement requiring the signature of the 
        Secretary) and this Act, the Secretary shall comply with all 
        applicable provisions of--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), including the implementing 
                regulations of that Act; and
                    (C) all other applicable Federal environmental laws 
                and regulations.
            (2) Authorizations.--The Secretary shall--
                    (A) independently evaluate the documentation 
                prepared and submitted under paragraph (1); and
                    (B) be responsible for the accuracy, scope, and 
                contents of that documentation.
            (3) Effect of execution.--The execution of the Agreement by 
        the Secretary under this section shall not constitute a major 
        action for purposes of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
            (4) Costs.--Any costs associated with the performance of 
        the compliance and coordination activities under this 
        subsection shall be paid from funds deposited in the Project 
        Fund, 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.

SEC. 102. WATER RIGHTS.

    (a) Confirmation of Water Rights.--
            (1) In general.--The Water Rights of the Yavapai-Apache 
        Nation as set forth in the Yavapai-Apache Nation Water Rights 
        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 Yavapai-Apache Nation shall 
        be subject to the terms and conditions of the Agreement and 
        this Act.
            (3) Conflict.--In the event of a conflict between the 
        Agreement and this Act, this Act shall control.
    (b) Water Rights To Be Held in Trust for the Yavapai-Apache 
Nation.--The United States shall hold the following Water Rights in 
trust for the benefit of the Yavapai-Apache Nation:
            (1) The Water Rights described in Paragraphs 5.0, 6.0, 8.0, 
        9.0 and 11.0 of the Agreement; and
            (2) Any future Water Rights taken into trust pursuant to 
        subsection (f) and (g).
    (c) Off-Reservation Use.--Except for Effluent as provided in 
Subparagraphs 4.15 of the Agreement, YAN CAP Water as provided in 
Subparagraph 6.0 of the Agreement, and Water that is subject to an 
Exchange in accordance with State law, the rights to Water set forth in 
Subparagraph 4.1 of the Agreement may not be sold, leased, transferred 
or used outside the boundaries of the YAN Reservation, YAN Trust Land, 
or YAN After-Acquired Trust Land.
    (d) Forfeiture and Abandonment.--None of the water rights described 
in subsection (b)(1) shall be subject to loss through non-use, 
forfeiture, abandonment, or other operation of law.
    (e) Yavapai-Apache Nation Cap Water.--The Yavapai-Apache Nation 
shall have the right to divert, use, and store YAN CAP Water in 
accordance with the Agreement and section 111 of this Act.
    (f) Water Rights Held in Trust for Yan After-Acquired Trust Land.--
As described in Subparagraph 4.13.2.1 of the Agreement, and subject to 
all valid and existing rights, any Water Rights appurtenant to YAN 
After-Acquired Trust Land at the time such land is taken into trust by 
the Secretary shall be held in trust by the United States for the 
benefit of the Yavapai-Apache Nation.
    (g) Water Rights Held in Trust for Future Acquisitions of Water 
Rights.--As described in Subparagraphs 4.14.1 and 4.14.2 of the 
Agreement, and subject to all valid and existing rights, upon the 
request of the Yavapai-Apache Nation, and in accordance with applicable 
Federal law, the Secretary shall accept and take into trust for the 
benefit of the Yavapai-Apache Nation, any Water Rights severed and 
transferred to the Reservation, YAN Trust Land, or YAN After-Acquired 
Trust Land.

SEC. 103. TU NL11NICHOH WATER INFRASTRUCTURE PROJECT.

    (a) In General.--The Secretary, acting through the Commissioner, 
shall plan, design and construct the Tu nl[[nichoh Water Infrastructure 
Project, which shall consist of--
            (1) the Cragin-Verde Pipeline Project as described in 
        subsection (b); and
            (2) the Yavapai-Apache Nation Drinking Water System Project 
        as described in subsection (c).
    (b) Cragin-Verde Pipeline Project.--
            (1) In general.--The Secretary, acting through the 
        Commissioner, and without cost to the Salt River Federal 
        Reclamation Project, shall--
                    (A) Plan, design and construct the Cragin-Verde 
                Pipeline Project as part of the Salt River Federal 
                Reclamation Project; and
                    (B) Obtain any rights-of-way or other interests in 
                land needed to construct the Cragin-Verde Pipeline 
                Project.
            (2) Scope.--The scope of the planning, design, and 
        construction activities for the Cragin-Verde Pipeline Project 
        shall be as generally described as Alternative 5A in the 
        document entitled Phase II: Yavapai-Apache Nation Indian Water 
        Rights Settlement, Value Planning Study, Bureau of Reclamation, 
        Interior Region 8, Lower Colorado Basin, as amended.
            (3) Requirements.--The Cragin-Verde Pipeline Project 
        shall--
                    (A) be capable of delivering no less than 6,836.92 
                AFY of water from the C.C. Cragin Dam and Reservoir for 
                Use by the YAN as provided in the Settlement Agreement 
                and this Act, and up to an additional 1,912.18 AFY for 
                Use by water users in Yavapai County as provided in 
                section 114(a)(2);
                    (B) include all facilities and appurtenant items 
                necessary to divert, store, and deliver water to the 
                YAN Delivery Point on the Yavapai-Apache Reservation; 
                and
                    (C) to the maximum extent practicable, be designed 
                and constructed to minimize care, operation, and 
                maintenance costs.
            (4) Title to facilities.--Title to the Cragin-Verde 
        Pipeline Project shall be held by the United States as part of 
        the Salt River Federal Reclamation Project pursuant to the 
        Reclamation Act of 1902, 43 U.S.C. 371 et seq., as amended.
            (5) Assumption of and responsibility for care, operation, 
        and maintenance of cragin-verde pipeline project.--Upon the 
        Date of Substantial Completion, SRP shall assume and be 
        responsible for the care, operation, and maintenance of the 
        Cragin-Verde Pipeline Project pursuant to the contract between 
        the United States and the Salt River Valley Water Users' 
        Association dated September 6, 1917, as amended.
            (6) Costs of care, operation, and maintenance to be borne 
        by project beneficiaries.--The costs of the care, operation, 
        and maintenance of the Cragin-Verde Pipeline Project shall not 
        be borne by SRP. Except as provided in Subparagraph 10.10 of 
        the Agreement, the Yavapai-Apache Nation and any other 
        beneficiaries of the Cragin-Verde Pipeline Project shall bear 
        the costs of the care, operation, and maintenance of the 
        Cragin-Verde Pipeline Project on a pro rata basis after the 
        Date of Substantial Completion. Until the Date of Substantial 
        Completion, the costs of care, operation, and maintenance shall 
        be borne by the Secretary.
            (7) Withdrawal and reservation.--
                    (A) Definitions.--For purposes of this paragraph 
                (7), the term ``covered land'' means the portion of the 
                National Forest System land determined by the Secretary 
                of the Interior to be necessary for the construction 
                and operation of the Cragin-Verde Pipeline Project as 
                depicted on the map prepared under subparagraph (D).
                    (B) Withdrawal of covered land.--The covered land 
                is permanently withdrawn from--
                            (i) all forms of entry, appropriation, and 
                        disposal under the public land laws;
                            (ii) location, entry, and patent under the 
                        mining laws; and
                            (iii) operation of the mineral leasing, 
                        mineral materials, and geothermal leasing laws.
                    (C) Reservation of covered land.--Subject to valid 
                existing rights, the covered land is reserved to the 
                United States, through the Secretary of the Interior, 
                for the exclusive right to use the covered land and 
                interests in the covered land for Bureau of Reclamation 
                purposes to construct the Cragin-Verde Pipeline Project 
                as part of the Salt River Federal Reclamation Project 
                and operated by SRP pursuant to the contract between 
                the United States and the Salt River Valley Water 
                Users' Association dated September 6, 1917, as amended.
                    (D) Map of covered land.--As soon as practicable 
                after the date of enactment of this Act, the Secretary 
                of Interior shall prepare a map depicting the boundary 
                of the covered land which shall be on file and 
                available for public inspection in the appropriate 
                offices of the Forest Service and the Bureau of 
                Reclamation.
    (c) Yavapai-Apache Nation Drinking Water System Project.--
            (1) In general.--The Secretary, acting through the 
        Commissioner, shall--
                    (A) plan, design and construct the YAN Drinking 
                Water System Project;
                    (B) comply with all requirements of section 
                101(c)(1); and
                    (C) obtain any rights-of-way or other interests in 
                land needed to construct the YAN Drinking Water System 
                Project.
            (2) Scope.--The scope of the planning, design, and 
        construction activities for the YAN Drinking Water System 
        Project shall be as generally described in the document 
        entitled Yavapai-Apache Nation Drinking Water Infrastructure 
        Plan dated July 2024, provided that, the design of the project 
        may be adjusted by mutual agreement of the Secretary and the 
        Yavapai-Apache Nation if the requirements of subsection (c)(3) 
        can be met and the adjustment is not expected to increase the 
        total cost of the project.
            (3) Requirements.--The YAN Drinking Water System Project 
        shall--
                    (A) include a surface water treatment facility 
                capable of treating up to 2.25 million gallons of water 
                per day (mgd), with a peak of 3.0 mgd, for water 
                delivered to the YAN Delivery Point from the C.C. 
                Cragin Dam and Reservoir via the Cragin-Verde Pipeline 
                Project, except as otherwise provided for in paragraph 
                (4);
                    (B) include pipelines, water storage tanks, pump 
                stations, transmission mains and other associated 
                infrastructure necessary for the delivery of the 
                treated water from the surface water treatment facility 
                described in subparagraph (A) to the locations 
                described in the Yavapai-Apache Nation Drinking Water 
                Infrastructure Plan dated July 2024, or as otherwise 
                agreed to by the Nation and the Secretary; and
                    (C) to the maximum extent practicable, be designed 
                and constructed to minimize care, operation, and 
                maintenance costs.
            (4) Increase in capacity and cost share.--For the water 
        described in section 114(a), the Secretary is authorized to 
        increase the capacity of the YAN Drinking Water System Project 
        to treat and deliver up to 1.9 mgd, with a peak of 2.5 mgd, for 
        such water delivered to the YAN Delivery Point from the C.C. 
        Cragain Dam and Reservoir via the Cragin-Verde Pipeline 
        Project, provided that--
                    (A) the Yavapai-Apache Nation and the water user or 
                users described in section 114(a) agree to terms and 
                conditions for the Nation to treat and distribute the 
                water described in section 114(a);
                    (B) the water user or water users located in 
                Yavapai County pay their share of the cost of 
                construction to increase the capacity of the YAN 
                Drinking Water System Project; and payment for such 
                costs are deposited into the YAN Drinking Water System 
                Project Fund Account described in section 104(c) for 
                use for the purposes described in subsection (c)(1); 
                and
                    (C) the request to increase the capacity of the YAN 
                Drinking Water System Project and meeting the 
                conditions required of this paragraph (4) will not 
                delay the timely completion of the YAN Drinking Water 
                System Project to accept delivery of water from the 
                Cragin-Verde Pipeline Project to the YAN Delivery Point 
                for the benefit of the Yavapai-Apache Nation.
            (5) Title to facilities.--The YAN Drinking Water System 
        Project shall be owned by the United States during 
        construction. Upon the Date of Substantial Completion of the Tu 
        nl[[nichoh Water Infrastructure Project described in subsection 
        (a), the Secretary shall transfer title to the YAN Drinking 
        Water System Project to the Yavapai-Apache Nation.
            (6) Assumption of and responsibility care, operation, and 
        maintenance of the yan drinking water system project.--Upon the 
        Date of Substantial Completion of the Tu nl[[nichoh Water 
        Infrastructure Project described in subsection (a), the 
        Yavapai-Apache Nation shall assume and be responsible for the 
        care, operation, and maintenance of the YAN Drinking Water 
        System Project. Until the Date of Substantial Completion, the 
        costs of care, operation, and maintenance shall be borne by the 
        Secretary.
            (7) Applicability of isdeaa.--On receipt of a request of 
        the Yavapai-Apache Nation, and in accordance with the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 5301 
        et seq.), the Secretary shall enter into 1 or more agreements 
        with the Nation to carry out the activities authorized by this 
        subsection.
            (8) Condition.--As a condition of construction of the YAN 
        Drinking Water System Project authorized by this subsection, 
        the Nation shall authorize, at no cost to the Secretary, the 
        use of all land or interests in land located on the 
        Reservation, YAN Trust Land and YAN After-Acquired Trust Land 
        that the Secretary identifies as necessary for the planning, 
        design, construction, operation and maintenance of the YAN 
        Drinking Water System Project until the transfer of title to 
        the YAN Drinking Water System Project to the Nation pursuant to 
        paragraph (5).
    (d) Date of Substantial Completion.--The Tu nl[[nichoh Water 
Infrastructure Project shall be deemed substantially complete on the 
date on which written notice is provided to the Parties by the Bureau 
of Reclamation that the Cragin-Verde Pipeline Project and the YAN 
Drinking Water System Project are sufficiently complete to place the 
projects into service for their intended use (``Date of Substantial 
Completion'').

SEC. 104. TU NL11NICHOH WATER INFRASTRUCTURE PROJECT FUND.

    (a) Establishment.--The Secretary shall establish a non-trust 
interest-bearing account to be known as the Tu nl[[nichoh Water 
Infrastructure Project Fund (``Project Fund'') to be managed and 
distributed by the Secretary, for use by the Secretary for carrying out 
this Act.
    (b) Accounts.--The Secretary shall establish within the Project 
Fund the following accounts--
            (1) the Cragin-Verde Pipeline Account; and
            (2) the YAN Drinking Water System Account.
    (c) Deposits.--The Secretary shall deposit--
            (1) in the Cragin-Verde Pipeline Account, the amounts made 
        available pursuant to section 107(a)(1)(A); and
            (2) in the YAN Drinking Water System Account, the amounts 
        made available pursuant to section 107(a)(1)(B).
    (d) Uses.--
            (1) Cragin-verde pipeline account.--The Cragin-Verde 
        Pipeline Account shall be used by the Secretary to--
                    (A) carry out section 103(b) of this Act, including 
                all required environmental compliance under section 
                101(c), for the Cragin-Verde Pipeline Project; and
                    (B) reimburse SRP for the proportional Cragin 
                Capital Costs and Cragin O&M Costs associated with 
                water delivered to the Yavapai-Apache Nation from the 
                C.C. Cragin Dam and Reservoir under Subparagraph 8.6.1 
                of the Agreement.
            (2) Yan drinking water system account.--The YAN Drinking 
        Water System Account shall be used by the Secretary to carry 
        out section 103(c) of this Act, including all required 
        environmental compliance under section 101(c), for the YAN 
        Drinking Water System Project.
    (e) Availability of Amounts.--
            (1) In general.--Except as provided in paragraph (2), 
        amounts appropriated to and deposited in the Project Fund 
        Accounts under sections 107(a)(1)(A) and 107(a)(1)(B) shall not 
        be made available for expenditure until the Enforceability 
        Date.
            (2) Exception.--Of the amounts made available under 
        paragraph (1), $13,000,000 shall be made available before the 
        Enforceability Date for the Bureau of Reclamation to carry out 
        environmental compliance and preliminary design of the Tu 
        nl[[nichoh Water Infrastructure Project, subject to the 
        following:
                    (A) The revision of the Settlement Agreement and 
                exhibits to conform to this Act.
                    (B) Execution by all of the required settlement 
                parties, including the United States, of the conformed 
                Settlement Agreement and exhibits, including the 
                waivers and releases of claims under section 108.
    (f) Interest.--In addition to the deposits under subsection (c), 
any investment earnings, including interest credited to amounts 
unexpended, are authorized to be appropriated to be used in accordance 
with the uses described in subsections (d)(1) and (d)(2).
    (g) Project Efficiencies.--
            (1) If the total cost of the activities described in either 
        section 103(b) or 103(c) are less than the amounts authorized 
        to be obligated under sections 107(a)(1)(A) and 107(a)(1)(B) to 
        carry out those activities, the Secretary shall deposit the 
        savings into the other account within the Project Fund as 
        described in subsection (b), if such funds are necessary to 
        complete the construction of any component of the Tu nl[[nichoh 
        Water Infrastructure Project.
            (2) Any funds remaining in the Project Fund at the Date of 
        Substantial Completion shall be deposited in the Yavapai-Apache 
        Nation Water Settlement Trust Fund no later than 60 days after 
        the Date of Substantial Completion. No later than 30 days after 
        the Date of Substantial Completion, the Yavapai-Apache Nation 
        may direct the allocation and amounts for the deposit of such 
        funds to one or more of the accounts described in section 
        105(b), but if no timely direction is provided to the 
        Secretary, the Secretary shall deposit the full amount of such 
        funds to the Yavapai-Apache Water Projects Account described in 
        section 105(b)(2).

SEC. 105. YAVAPAI-APACHE NATION WATER SETTLEMENT TRUST FUND.

    (a) Establishment.--The Secretary shall establish a trust fund for 
the Yavapai-Apache Nation, to be known as the ``Yavapai-Apache Nation 
Water Settlement Trust Fund'' (``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 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 Trust Fund the 
following accounts:
            (1) The Yavapai-Apache Water Settlement Implementation 
        Account;
            (2) The Yavapai-Apache Water Projects Account;
            (3) The Yavapai-Apache Wastewater Projects Account;
            (4) The Yavapai-Apache OM&R Account; and
            (5) The Yavapai-Apache Watershed Rehabilitation and 
        Restoration Account.
    (c) Deposits.--The Secretary shall deposit--
            (1) in the Yavapai-Apache Water Settlement Implementation 
        Account established under subsection (b)(1), the amounts made 
        available pursuant to subparagraph (A) of section 107(a)(2);
            (2) in the Yavapai-Apache Water Projects Account 
        established under subsection (b)(2), the amounts made available 
        pursuant to subparagraph (B) of section 107(a)(2);
            (3) in the Yavapai-Apache Wastewater Projects Account 
        established under subsection (b)(3), the amounts made available 
        pursuant to subparagraph (C) of section 107(a)(2);
            (4) in the Yavapai-Apache OM&R Account established under 
        subsection (b)(4), the amounts made available pursuant to 
        subparagraph (D) of section 107(a)(2); and
            (5) in the Yavapai-Apache Watershed Rehabilitation and 
        Restoration Account established under subsection (b)(5), the 
        amounts made available pursuant to subparagraph (E) of section 
        107(a)(2).
    (d) Management and Interest.--
            (1) Management.--On receipt and deposit of funds into the 
        Trust Fund pursuant to subsection (b), 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 Trust Fund under subsection (b), any investment 
        earnings, including interest, credited to amounts held in the 
        Trust Fund are authorized to be used in accordance with 
        subsection (g).
    (e) Availability of Amounts.--Amounts deposited in the Trust Fund 
(including any investment earnings) shall be made available to the 
Yavapai-Apache Nation by the Secretary beginning on the Enforceability 
Date, subject to the requirements of this Act.
    (f) Withdrawals.--
            (1) Withdrawals under the american indian trust fund 
        management reform act of 1994.--
                    (A) In general.--The Yavapai-Apache Nation may 
                withdraw any portion of the amounts in the Trust Fund 
                on approval by the Secretary of a Tribal management 
                plan submitted by the 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 subsection shall require 
                that the Yavapai-Apache Nation spend all amounts 
                withdrawn from the 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 the Tribal management plan; 
                        and
                            (ii) to ensure that amounts withdrawn by 
                        the Yavapai-Apache Nation from the Trust Fund 
                        under this subsection are used in accordance 
                        with this Act.
            (2) Expenditure plan.--
                    (A) In general.--The Yavapai-Apache Nation may 
                submit to the Secretary a request to withdraw funds 
                from the Trust Fund pursuant to an approved expenditure 
                plan.
                    (B) Requirements.--To be eligible to withdraw 
                amounts under an expenditure plan under this 
                subparagraph, the Yavapai-Apache Nation shall submit to 
                the Secretary an expenditure plan for any portion of 
                the Trust Fund that the Yavapai-Apache Nation elects to 
                withdraw pursuant to this subparagraph, subject to the 
                condition that the amounts shall be used for the 
                purposes described in this Act.
                    (C) Inclusions.--An expenditure plan under this 
                subparagraph shall include a description of the manner 
                and purpose for which the amounts proposed to be 
                withdrawn from the Trust Fund will be used by the 
                Yavapai-Apache Nation in accordance this Act.
                    (D) Approval.--The Secretary shall approve an 
                expenditure plan submitted under clause (ii) if the 
                Secretary determines that the plan--
                            (i) is reasonable; and
                            (ii) is consistent with, and will be used 
                        for, the purposes of this Act.
                    (E) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce an expenditure 
                plan to ensure that amounts disbursed under this 
                subsection are used in accordance with this Act.
    (g) Uses.--The amounts from the Trust Fund shall be used by the 
Yavapai-Apache Nation for the following purposes:
            (1) The yavapai-apache water settlement implementation 
        account.--Amounts in the Yavapai-Apache Water Settlement 
        Implementation Account may only be used for the following 
        purposes--
                    (A) to pay fees and costs incurred by the Yavapai-
                Apache Nation for filing and processing any application 
                or obtaining any permit required under Paragraphs 5.0, 
                8.0, or 11.0 of the Agreement;
                    (B) to pay costs incurred by the Yavapai-Apache 
                Nation to participate in the planning, preliminary 
                design, and environmental compliance activities for the 
                Cragin-Verde Pipeline Project;
                    (C) to engage in water management planning to 
                comply with Paragraph 12.0 of the Agreement; and
                    (D) to pay, reimburse, or retire debt for costs 
                incurred by the Yavapai-Apache Nation after the date of 
                enactment of this Act for work under subparagraphs (A), 
                (B) or (C).
            (2) The yavapai-apache water projects account.--Amounts in 
        the Yavapai-Apache Water Projects Account may only be used for 
        the following purposes--
                    (A) environmental compliance, permitting, planning, 
                engineering and design, and construction, including 
                acquisition of any necessary rights-of-way or other 
                interests in land, and any other related activities 
                necessary for the completion of construction for--
                            (i) expansion of the YAN Drinking Water 
                        System Project after the Date of Substantial 
                        Completion;
                            (ii) water infrastructure, and water 
                        storage and recovery projects, that facilitate 
                        the use or management of the water sources 
                        identified in Subparagraph 4.1 of the 
                        Agreement;
                            (iii) the Yavapai-Apache Nation's 
                        proportionate share for any joint project with 
                        communities in the Verde Valley Watershed that 
                        facilitate the use or management of the water 
                        sources identified in Subparagraph 4.1 of the 
                        Agreement; and
                    (B) to pay, reimburse, or retire debt for costs 
                incurred by the Yavapai-Apache Nation after the date of 
                enactment of this Act for projects under subparagraph 
                (A).
            (3) The yavapai-apache wastewater projects account.--
        Amounts in the Apache Wastewater Projects Account may only be 
        used for the following purposes--
                    (A) environmental compliance, planning, permitting, 
                engineering and design, and construction, including 
                acquisition of any necessary rights-of-way or other 
                interests in land, and any other related activities 
                necessary for the completion of construction for--
                            (i) wastewater infrastructure, and 
                        wastewater storage and recovery projects, that 
                        facilitate the reuse or management of Effluent;
                            (ii) the Yavapai-Apache Nation's 
                        proportionate share for any joint project or 
                        projects with communities in the Verde Valley 
                        Watershed that facilitate the reuse or 
                        management of Effluent;
                    (B) to pay, reimburse, or retire debt for costs 
                incurred by the Yavapai-Apache Nation after the date of 
                enactment of this Act for projects under subparagraph 
                (A); and
                    (C) to pay the outstanding debt on the Yavapai-
                Apache Nation's loan with the Water Infrastructure and 
                Finance Authority of Arizona for the construction of 
                the Middle Verde Water Reclamation Facility (MVWRF) and 
                to reimburse the Yavapai-Apache Nation up to $8,000,000 
                in additional construction costs related to 
                construction of the MVWRF.
            (4) The yavapai-apache om&r account.--Amounts in the 
        Yavapai-Apache OM&R Account may only be used to pay costs of 
        the following--
                    (A) OM&R and energy costs for the Tu nl[[nichoh 
                Water Infrastructure Project which includes the Cragin-
                Verde Pipeline Project and the YAN Drinking Water 
                System Project;
                    (B) OM&R, energy costs, and any other charges 
                assessed to the Yavapai-Apache Nation pursuant to the 
                YAN-SRP Water Delivery and Use Agreement, the YAN-SRP 
                Exchange Agreement, and the YAN Amended CAP Water 
                Delivery Contract; and
                    (C) OM&R for Yavapai-Apache Nation projects 
                described in subsections (a)(2), (a)(3) and (a)(5).
            (5) Yavapai-apache watershed rehabilitation and restoration 
        account.--Amounts in the Yavapai-Apache Watershed 
        Rehabilitation and Restoration Account may only be used for the 
        purpose of environmental compliance, permitting, planning, 
        engineering and design activities, and construction of projects 
        for the protection and restoration of the Verde River 
        Watershed, and any other related activities necessary for the 
        completion of such projects.
    (h) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Trust Fund by the Yavapai-Apache Nation under 
subsection (f).
    (i) Title to Infrastructure.--Title to, control over, and operation 
of any project constructed using funds from the Trust Fund, shall 
remain in the Yavapai-Apache Nation.
    (j) No Per Capita Distributions.--No portion of the Trust Fund 
shall be distributed on a per capita basis to any Member of the 
Yavapai-Apache Nation.
    (k) Expenditure Reports.--The Yavapai-Apache Nation shall annually 
submit to the Secretary an expenditure report describing 
accomplishments and amounts spent from use of withdrawals under a 
Tribal management plan or an expenditure plan under this Act.
    (l) Effect.--Nothing in this section gives the Yavapai-Apache 
Nation the right to judicial review of a determination of the Secretary 
relating to whether to approve a Tribal management plan under 
subsection (f)(1) or an expenditure plan under subsection (f)(2) except 
under subchapter II of chapter 5, and chapter 7, of title 5, United 
States Code (commonly known as the ``Administrative Procedure Act'').

SEC. 106. GAGING STATION.

    The Secretary, acting through the Director of the USGS, shall 
continue to maintain and operate the existing USGS gaging station at 
the YAN Point of Compliance, identified as ``Verde River Above Camp 
Verde - 09504950,'' within the Middle Verde District of the Yavapai-
Apache Reservation, for the purpose of monitoring the instream flow 
right of the Yavapai-Apache Nation to the Verde River as described in 
section 102(b)(1)(A) and Paragraph 11.0 of the Agreement.

SEC. 107. FUNDING.

    (a) Mandatory Appropriations.--Out of any money in the Treasury not 
otherwise appropriated, the Secretary of the Treasury shall transfer to 
the Secretary, to remain available to the Secretary until expended, 
withdrawn or reverted to the general fund of the Treasury, the 
following amounts:
            (1) Tu nl]]nichoh water infrastructure project fund.--
                    (A) $731,059,000 in the Cragin-Verde Pipeline 
                Account described in section 104(b)(1); and
                    (B) $152,490,000 in the YAN Drinking Water System 
                Account described in section 104(b)(2).
            (2) Yavapai-apache nation water settlement trust fund 
        account.--
                    (A) $300,000 in the Yavapai-Apache Water Settlement 
                Implementation Account described in section 105(b)(1);
                    (B) $58,000,000 in the Yavapai-Apache Water 
                Projects Account described in section 105(b)(2);
                    (C) $31,000,000 in the Yavapai-Apache Wastewater 
                Projects Account described in section 105(b)(3);
                    (D) $66,000,000 in the Yavapai-Apache OM&R Account 
                described in section 105(b)(4); and
                    (E) $700,000 in the Yavapai-Apache Watershed 
                Rehabilitation and Restoration Account described in 
                section 105(b)(5).
    (b) Tu nl[[nichoh Water Infrastructure Project Additional 
Authorization.--In addition to the mandatory appropriation made 
available under subsection (a)(1), there is authorized to be 
appropriated to the Project Fund such funds as are necessary to 
complete the construction of the Tu nl[[nichoh Water Infrastructure 
Project, to remain available until expended, withdrawn, or reverted to 
the general fund of the Treasury.
    (c) Additional Authorizations.--In general there are authorized to 
be appropriated--
            (1) such sums as necessary for section 106 of this Act; and
            (2) such sums as necessary for the care, operation, and 
        maintenance of the Tu nl[[nichoh Water Infrastructure Project 
        until the Date of Substantial Completion.
    (d) Fluctuation in Costs.--
            (1) Project fund.--The amounts authorized to be 
        appropriated under subsection (a)(1) 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 of Reclamation Construction 
                Cost 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 means of construction and 
                current industry standards involved.
            (2) Trust fund.--The amounts authorized to be appropriated 
        under subsection (a)(2) 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 of Reclamation 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 means of construction and 
                current industry standards involved.
            (3) Repetition.--The adjustment process under this 
        subsection shall be repeated for each subsequent amount 
        appropriated until the amount authorized, as adjusted, has been 
        appropriated.
            (4) Requirements for adjustment process.--The adjustment 
        process under this subsection shall be repeated for each 
        subsequent amount appropriated for deposit in the Project Fund 
        under subsection (a)(1) and the Trust Fund under subsection 
        (a)(2), until the amount authorized to be appropriated, as so 
        adjusted, has been appropriated.
            (5) Period of indexing.--
                    (A) Project fund.--With respect to the Project 
                Fund, the period of indexing adjustment for any 
                increment of funding shall be annual until the Tu 
                nl[[nichoh Water Infrastructure Project is completed.
                    (B) Trust fund.--With respect to the Yavapai-Apache 
                Nation Water Settlement Trust Fund, the period of 
                indexing adjustment for any increment of funding shall 
                end on the date on which funds are deposited into the 
                Trust Fund.
    (e) Commencement of Environmental Compliance.--Subject to the 
requirements of section 104(e)(2)(A) and (B), effective beginning on 
the date of deposit of funds in the Project Fund, the Secretary shall 
commence any planning, design, environmental, cultural, and historical 
compliance activities necessary to implement the Agreement and this 
Act, including activities necessary to comply with section 
101(c)(1)(A)(B)(C) of this Act.

SEC. 108. WAIVERS, RELEASES AND RETENTIONS OF CLAIMS.

    (a) Waiver, Release, and Retention of Claims for Water Rights and 
Injury to Water Rights by the Yavapai-Apache Nation, on Behalf of the 
Yavapai-Apache Nation and the Members of the Yavapai-Apache Nation (but 
Not Members in the Capacity of the Members as Allottees), and the 
United States, Acting as Trustee for the Yavapai-Apache Nation (but Not 
Members in the Capacity of the Members as Allottees).--
            (1) Except as provided in paragraph (3), the Yavapai-Apache 
        Nation, on behalf of the Yavapai-Apache Nation and the Members 
        of the Yavapai-Apache Nation (but not Members in the capacity 
        of the Members as Allottees), and the United States, acting as 
        trustee for the Yavapai-Apache Nation and the Members of the 
        Yavapai-Apache Nation (but not Members in the capacity of the 
        Members as Allottees), as part of the performance of the 
        respective obligations of the Yavapai-Apache Nation and the 
        United States under the Agreement and this Act, shall execute a 
        waiver and release of any claims against the State (or any 
        agency or political subdivision of the State), and any other 
        individual, entity, corporation, or municipal corporation under 
        Federal, State, or other law for all--
                    (A) Past, present, and future claims for Water 
                Rights, including rights to Colorado River water, for 
                YAN 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 by 
                the Yavapai-Apache Nation, the predecessors of the 
                Yavapai-Apache Nation, the Members of the Yavapai-
                Apache Nation, or the predecessors of the Members of 
                the Yavapai-Apache Nation;
                    (C) Past and present claims for Injury to Water 
                Rights, including rights to Colorado River water, for 
                YAN Land, arising from time immemorial through the 
                Enforceability Date;
                    (D) Past, present, and future claims for Injury to 
                Water Rights, including rights to Colorado River water, 
                arising from time immemorial and, thereafter, forever, 
                that are based on the aboriginal occupancy of land by 
                the Yavapai-Apache Nation, the predecessors of the 
                Yavapai-Apache Nation, the Members of the Yavapai-
                Apache Nation, or the predecessors of the Members of 
                the Yavapai-Apache Nation;
                    (E) Claims for Injury to Water Rights, including 
                rights to Colorado River water, arising after the 
                Enforceability Date, for YAN Land, resulting from the 
                off-Reservation Diversion or Use of Water in a manner 
                not in violation of the Agreement or State law; and
                    (F) Past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of the Agreement, any judgment 
                or decree approving or incorporating the Agreement, or 
                this Act.
            (2) The waiver and release of claims described in paragraph 
        (1) shall be in the form set forth in Exhibit 13.1 to the 
        Agreement and shall take effect on the Enforceability Date.
            (3) Notwithstanding the waiver and release of claims 
        described in paragraph (1) and set forth in Exhibit 13.1 to the 
        Agreement, the Yavapai-Apache Nation, acting on behalf of the 
        Yavapai-Apache Nation and the Members of the Yavapai-Apache 
        Nation, and the United States, acting as trustee for the YAN 
        and the Members of the YAN (but not Members in the capacity of 
        the Members as Allottees), shall retain any right--
                    (A) subject to Subparagraph 17.9 of the Agreement, 
                to assert claims for injuries to, and seek enforcement 
                of, their rights under the Agreement or this Act in any 
                Federal or State court of competent jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, their rights under any judgment or 
                decree entered by the Gila River Adjudication Court, 
                including the Verde River Decree;
                    (C) to assert claims for Water Rights or Injury to 
                Water Rights acquired before the Enforceability Date 
                pursuant to Subparagraph 4.14.1 of the Agreement;
                    (D) to challenge or object to any claims for Water 
                Rights or Injury to Water Rights by or for any Indian 
                tribe, or the United States, acting on behalf of any 
                Indian tribe;
                    (E) to assert past, present, or future claims for 
                Injury to Water Rights against any Indian tribe, or the 
                United States, acting on behalf of any Indian tribe;
                    (F) to assert claims for Injury to Water Rights 
                arising after the Enforceability Date for YAN Land 
                resulting from any off-Reservation Diversion of Surface 
                Water within the Verde River Watershed, other than from 
                a well, if the Diversion or Use of Surface Water was 
                first initiated after the Effective Date and was not 
                the subject of a permit to appropriate Surface Water 
                issued by the Arizona Department of Water Resources 
                before the Effective Date; and
                    (G) to assert claims for Injury to Water Rights 
                arising after the Enforceability Date for YAN Land 
                resulting from any off-Reservation Diversion or Use of 
                Water from a well, if--
                            (i) the Water is determined by the Gila 
                        River Adjudication Court to be Surface Water;
                            (ii) the well is located within the Verde 
                        River Watershed above USGS Gage No. 09506000 
                        identified as ``Verde River near Camp Verde, 
                        AZ'';
                            (iii) the well was constructed after the 
                        Effective Date; and
                            (iv) the well is not:
                                    (I) a Replacement Well;
                                    (II) a new point of Diversion for a 
                                Surface Water Use predating the 
                                Effective Date;
                                    (III) operated by a Municipal Water 
                                Provider pursuant to an agreement with 
                                the Yavapai-Apache Nation under 
                                Subparagraph 16.1.2 of the Agreement;
                                    (IV) constructed for Domestic Use 
                                or Stock Watering Use;
                                    (V) constructed to supply a 
                                Stockpond with a capacity not to exceed 
                                4 acre-feet;
                                    (VI) used by a city or town in the 
                                Prescott active management area to:
                                            (aa) withdraw Underground 
                                        Water from land located in the 
                                        Big Chino sub-basin of the 
                                        Verde River groundwater basin 
                                        that has historically irrigated 
                                        acres for transportation to an 
                                        adjacent initial active 
                                        management area under the 
                                        criteria set forth in A.R.S. 
                                        Sec. 45-555(A)-(D), as that 
                                        statute exists as of the 
                                        Effective Date, a copy of which 
                                        is attached as Exhibit 13.1.3 
                                        to the Agreement;
                                            (bb) withdraw and transport 
                                        8,068 AFY of Underground Water 
                                        from the Big Chino sub-basin of 
                                        the Verde River groundwater 
                                        basin to the Prescott active 
                                        management area pursuant to the 
                                        criteria set forth in A.R.S. 
                                        Sec. 45-555(E) and (G), as that 
                                        statute exists as of the 
                                        Effective Date, a copy of which 
                                        is attached as Exhibit 13.1.3 
                                        to the Agreement; or
                                            (cc) withdraw and transport 
                                        Underground Water from land 
                                        located in the Big Chino sub-
                                        basin of the Verde River 
                                        groundwater basin to the 
                                        Prescott active management area 
                                        to meet the additional needs of 
                                        an Indian tribe in the Prescott 
                                        active management area pursuant 
                                        to a federally-approved Indian 
                                        water rights settlement under 
                                        A.R.S Sec. 45-555(G) and (F), 
                                        as that statute exists as of 
                                        the Effective date, a copy of 
                                        which is attached as Exhibit 
                                        13.1.3 to the Agreement; and
                                    (VII) providing a source of supply 
                                for an M&I Use for a Municipal Water 
                                Provider or a Public Water System (that 
                                does not have an agreement with the YAN 
                                pursuant to subparagraph 16.1.2 of the 
                                Agreement) that meets all of the 
                                following conditions:
                                            (aa) The well is located 
                                        outside the lateral limits of 
                                        the Verde River Subflow Zone.
                                            (bb) All buildings 
                                        constructed after the well is 
                                        drilled that are served by the 
                                        Municipal Water Provider or 
                                        Public Water System have 
                                        WaterSense Labeled Fixtures, or 
                                        fixtures that are equivalent to 
                                        or exceed WaterSense 
                                        specifications for water 
                                        efficiency and performance as 
                                        set forth in Exhibit 2.90 to 
                                        the Agreement.
                                            (cc) The Municipal Water 
                                        Provider or Public Water System 
                                        uses its best efforts to ensure 
                                        that all outdoor landscaping 
                                        installed after the well is 
                                        drilled that is served by the 
                                        Municipal Water Provider or 
                                        Public Water System uses only 
                                        native or drought tolerant 
                                        plants, except as provided for 
                                        in item (dd).
                                            (dd) All turf or other 
                                        landscape areas not using 
                                        native or drought tolerant 
                                        plants, including for schools, 
                                        parks, cemeteries, golf 
                                        courses, or common areas, 
                                        installed after the well is 
                                        drilled are, to the extent 
                                        permitted by State law, 
                                        prohibited by the Municipal 
                                        Water Provider or Public Water 
                                        System unless the plants are 
                                        100 percent served with 
                                        Effluent, greywater, harvested 
                                        rainwater, or some combination 
                                        thereof.
                                            (ee) Ornamental water 
                                        features (except swimming 
                                        pools), ponds, and lakes 
                                        constructed after the well is 
                                        drilled are, to the extent 
                                        permitted by State law, 
                                        prohibited by the Municipal 
                                        Water Provider or Public Water 
                                        System unless the features, 
                                        ponds, and lakes are 100 
                                        percent served with Effluent, 
                                        greywater, harvested rainwater, 
                                        or some combination thereof.
    (b) Waiver, Release, and Retention of Claims for Water Rights and 
Injury to Water Rights by the Yavapai-Apache Nation, on Behalf of the 
Yavapai-Apache Nation and the Members of the Yavapai-Apache Nation (but 
Not Members in the Capacity of the Members as Allottees), Against the 
United States.--
            (1) Except as provided in paragraph (3), the Yavapai-Apache 
        Nation, acting on behalf of the Yavapai-Apache Nation and the 
        Members of the Yavapai-Apache Nation (but not Members in the 
        capacity of the Members as Allottees), as part of the 
        performance of the obligations of the Yavapai-Apache Nation 
        under the Agreement and this Act, shall 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--
                    (A) Past, present, and future claims for Water 
                Rights, including rights to Colorado River water, for 
                YAN 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 by 
                the Yavapai-Apache Nation, the predecessors of the 
                Yavapai-Apache Nation, the Members of the Yavapai-
                Apache Nation, or the predecessors of the members of 
                the Yavapai-Apache Nation;
                    (C) Past and present claims relating in any manner 
                to damage, losses, or injury to land or other resources 
                due to loss of Water or Water Rights (including 
                damages, losses, or injuries to hunting, fishing, 
                gathering, or cultural rights due to loss of Water or 
                Water Rights, claims relating to interference with, 
                Diversion, or taking of Water, or claims relating to 
                the failure to protect, acquire, or develop Water, 
                Water Rights, or Water infrastructure) within the State 
                that first accrued at any time prior to the 
                Enforceability Date;
                    (D) Past and present claims for Injury to Water 
                Rights, including rights to Colorado River water, for 
                YAN Land, arising from time immemorial through the 
                Enforceability Date;
                    (E) Past, present, and future claims for Injury to 
                Water Rights, including rights to Colorado River water, 
                arising from time immemorial and, thereafter, forever, 
                that are based on the aboriginal occupancy of land by 
                the Yavapai-Apache Nation, the predecessors of the 
                Yavapai-Apache Nation, the Members of the Yavapai-
                Apache Nation, or the predecessors of the members of 
                the Yavapai-Apache Nation;
                    (F) Claims for Injury to Water Rights, including 
                injury to rights to Colorado River water, arising after 
                the Enforceability Date for YAN Land, resulting from 
                the off-Reservation Diversion or Use of Water in a 
                manner not in violation of the Agreement or State law; 
                and
                    (G) Past, present, and future claims arising out 
                of, or relating in any manner to, the negotiation, 
                execution, or adoption of the Agreement, any judgment 
                or decree approving or incorporating the Agreement, or 
                this Act.
            (2) The waiver and release of claims described in paragraph 
        (1) shall be in the form set forth in Exhibit 13.2 to the 
        Agreement and shall take effect on the Enforceability Date.
            (3) Notwithstanding the waiver and release of claims 
        described in paragraph (1) and set forth in Exhibit 13.2 to the 
        Agreement, the Yavapai-Apache Nation and the Members of the 
        Yavapai-Apache Nation (but not Members in the capacity of the 
        Members as Allottees) shall retain any right--
                    (A) subject to Subparagraph 17.9 of the Agreement, 
                to assert claims for injuries to, and seek enforcement 
                of, their rights under the Agreement or this Act in any 
                Federal or State court of competent jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, their rights under any judgment or 
                decree entered by the Gila River Adjudication Court, 
                including the Verde River Decree;
                    (C) to assert claims for Water Rights or Injury to 
                Water Rights acquired before the Enforceability Date 
                pursuant to Subparagraph 4.14.1 of the Agreement;
                    (D) to challenge or object to any claims for Water 
                Rights or Injury to Water Rights by or for any Indian 
                Tribe or the United States, acting on behalf of any 
                Indian Tribe;
                    (E) to assert past, present, or future claims for 
                Injury to Water Rights against any Indian Tribe or the 
                United States, acting on behalf of any Indian Tribe;
                    (F) to assert claims for Injury to Water Rights 
                arising after the Enforceability Date for YAN Land 
                resulting from any off-Reservation Diversion of Surface 
                Water within the Verde River Watershed, other than from 
                a well, if the Diversion or Use of Surface Water was 
                first initiated after the Effective Date and was not 
                the subject of a permit to appropriate Surface Water 
                issued by the Arizona Department of Water Resources 
                before the Effective Date; and
                    (G) to assert claims for Injury to Water Rights 
                arising after the Enforceability Date for YAN Land 
                resulting from any off-Reservation Diversion or Use of 
                Water from a well, if--
                            (i) the Water is determined by the Gila 
                        River Adjudication Court to be Surface Water;
                            (ii) the well is located within the Verde 
                        River Watershed above Gage No. 09506000, Verde 
                        River near Camp Verde, AZ;
                            (iii) the well was constructed after the 
                        Effective Date; and
                            (iv) the well is not:
                                    (I) a Replacement Well;
                                    (II) a new point of Diversion for a 
                                Surface Water Use predating the 
                                Effective Date;
                                    (III) operated by a Municipal Water 
                                Provider pursuant to an agreement with 
                                the Yavapai-Apache Nation under 
                                Subparagraph 16.1.2 of the Agreement;
                                    (IV) constructed for Domestic Use 
                                or Stock Watering Use; or
                                    (V) constructed to supply a 
                                Stockpond with a capacity not to exceed 
                                4 acre-feet.
    (c) Waiver, Release and Retention of Claims by the United States in 
All Capacities (Except as Trustee for an Indian Tribe Other Than the 
Yavapai-Apache Nation) Against the Yavapai-Apache Nation and the 
Members of the Yavapai-Apache Nation.--
            (1) Except as provided in paragraph (3), the United States, 
        in all capacities (except as trustee for an Indian Tribe other 
        than the Yavapai-Apache Nation), as part of the performance of 
        the obligations of the United States under the Agreement and 
        this Act, shall execute a waiver and release of all claims 
        against the Yavapai-Apache Nation, the Members of the Yavapai-
        Apache Nation, or any agency, official, or employee of the 
        Yavapai-Apache Nation, 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 
                YAN 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 YAN Land in a manner that is not in 
                violation of the Agreement or State law; and
                    (C) Past, present, and future claims arising out 
                of, or related in any manner to, the negotiation, 
                execution, or adoption of the Agreement, any judgment 
                or decree approving or incorporating the Agreement, or 
                this Act.
            (2) The waiver and release of claims described in paragraph 
        (1) shall be in the form set forth in Exhibit 13.3 to the 
        Agreement and shall take effect on the Enforceability Date.
            (3) Notwithstanding the waiver and release of claims 
        described in paragraph (1) and set forth in Exhibit 13.3 to the 
        Agreement, the United States shall retain any right to assert 
        any claim not expressly waived in accordance with that 
        paragraph and that exhibit.
    (d) No Effect on Actions Relating to Health, Safety or 
Environment.--Nothing in the Agreement or this Act affects any right of 
the United States or the Yavapai-Apache Nation on behalf of the 
Yavapai-Apache Nation, or on behalf of the Members of the Yavapai-
Apache Nation, to take any action authorized by law relating to health, 
safety, or the environment, including--
            (1) The Federal Water Pollution Control Act, commonly known 
        as ``the Clean Water Act'', (33 U.S.C. 1251 et seq.);
            (2) The Safe Drinking Water Act (42 U.S.C. 300f et seq.).
            (3) The Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
            (4) any regulations implementing the Acts described in 
        subsection (d)(1), (d)(2) or (d)(3).

SEC. 109. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS; EFFECT ON 
              MEMBERS OF THE YAVAPAI-APACHE NATION AND DINAH HOOD 
              ALLOTMENT.

    (a) In General.--The benefits provided under the Agreement and this 
Act shall be in complete replacement of, complete substitution for, and 
full satisfaction of any claim of the Yavapai-Apache Nation and the 
Members of the Yavapai-Apache Nation (but not Members in the capacity 
of the Members as Allottees) against the parties to the Agreement, 
including the United States, that is waived and released by the 
Yavapai-Apache Nation acting on behalf of the Yavapai-Apache Nation and 
the Members of the Yavapai-Apache Nation (but not Members in the 
capacity of the Members as Allottees) pursuant to sections 108(a) and 
108(b) of this Act and Subparagraphs 13.1 and 13.2 to the Agreement.
    (b) Entitlements.--Any entitlement to Water of the Yavapai-Apache 
Nation and the Members of the Yavapai-Apache Nation (but not Members in 
the capacity of the Members as Allottees) or the United States acting 
in the capacity of the United States as trustee for the Yavapai-Apache 
Nation and the Members of the Yavapai-Apache Nation (but not Members in 
the capacity of the Members as Allottees), for YAN Land shall be 
satisfied out of the water resources and other benefits granted, 
confirmed, quantified, or recognized by the Agreement or this Act to or 
for the Yavapai-Apache Nation, the Members of the Yavapai-Apache Nation 
(but not Members in the capacity of the Members as Allottees), and the 
United States, acting in the capacity of the United States as trustee 
for the Yavapai-Apache Nation and the Members of the Yavapai-Apache 
Nation (but not Members in the capacity of the Members as Allottees).
    (c) Savings Provision.--Notwithstanding subsections (a) and (b), 
nothing in the Agreement or this Act--
            (1) recognizes or establishes any right of a Member of the 
        Yavapai-Apache Nation to Water on YAN Land; or
            (2) prohibits the Yavapai-Apache Nation from acquiring 
        additional Water Rights by purchase or donation of land, 
        credits, or Water Rights.
    (d) Effect on Members of the Yavapai-Apache Nation.--Except as 
provided in subsections (a) and (b) and sections 108(a) and 108(b), the 
Agreement and this Act shall not affect any rights of any Member of the 
Yavapai-Apache Nation to water for land outside of YAN Land.
    (e) Effect on Dinah Hood Allotment.--
            (1) In general.--
                    (A) Nothing in the Agreement and this Act 
                quantifies or diminishes any Water Right, or any claim 
                or entitlement to Water for the Dinah Hood Allotment; 
                or
                    (B) precludes beneficial owners of the Dinah Hood 
                Allotment, or the United States, acting in its capacity 
                as trustee for beneficial owners of the Dinah Hood 
                allotment, from making claims for Water Rights in 
                Arizona. To the extent authorized by applicable law, 
                beneficial owners of the Dinah Hood Allotment, or the 
                United States, acting in its capacity as trustee for 
                beneficial owners of the Dinah Hood allotment, may make 
                claims to, and may be adjudicated, individual Water 
                Rights in Arizona.
            (2) Exception.--Notwithstanding paragraph (1), the Yavapai-
        Apache Nation, in its capacity as a holder of a beneficial real 
        property interest in the Dinah Hood Allotment, shall not object 
        to, challenge or dispute the claims of Water users to Water 
        from the Verde River Watershed, in the Gila River Adjudication 
        Proceedings or in any other judicial or administrative 
        proceeding.

SEC. 110. TRUST LAND.

    (a) Yavapai-Apache Reservation.--The Yavapai-Apache Reservation 
includes--
            (1) the land located within the exterior boundaries of the 
        Yavapai-Apache Reservation as described and depicted in 
        Exhibits 2.96A through E and Exhibit 2.102 to the Agreement, as 
        documented by the Department Interior Division of Land Titles 
        and Records Office;
            (2) the land added to the Reservation pursuant to 
        subsection (b);
            (3) the land added to the Reservation pursuant to section 
        201(c); and
            (4) land that, as of the Enforceability Date, has been 
        added to the Reservation pursuant to Federal law.
    (b) Land To Be Taken Into Trust.--
            (1) In general.--Within thirty (30) days of enactment of 
        this Act, the Secretary is authorized and directed to accept 
        the transfer of title to the land shown on the maps in Exhibits 
        2.98A and 2.98B to the Agreement, as identified in 
        subparagraphs (A), (B), (C), (D), (E), (F), and (G) and to hold 
        such land in trust for the benefit of the Yavapai-Apache 
        Nation.
                    (A) Otter waters.--A tract of land located in 
                Section 33, Township 15 North, Range 4 East, Gila and 
                Salt River Base and Meridian, Yavapai County, Arizona, 
                as described in instrument number 2023-0005245 recorded 
                on February 3, 2023 in the records of the Yavapai 
                County Recorder.
                    (B) Cemetery property.--A tract of land located in 
                the East half of the Northeast quarter of Section 11, 
                Township 14 North, Range 4 East, Gila and Salt River 
                Meridian, Yavapai County, Arizona, as described in 
                instrument number 2023-0025892 recorded on June 15, 
                2023 in the records of the Yavapai County Recorder.
                    (C) Brown property.--
                            (i) Parcel 1.--A tract of land located in 
                        the Southwest quarter of the Southwest quarter 
                        of Section 2, Township 14 North, Range 4 East 
                        of the Gila and Salt River Base and Meridian, 
                        Yavapai County, Arizona, as described in 
                        instrument number 2021-0087445 recorded on 
                        December 9, 2021 in the records of the Yavapai 
                        County Recorder.
                            (ii) Parcel 2.--A tract of land located in 
                        the Southwest quarter of the Southwest quarter 
                        of Section 2 and the Northwest quarter of the 
                        Northwest quarter of Section 11, Township 14 
                        North, Range 4 East of the Gila and Salt River 
                        Base and Meridian, Yavapai County, Arizona, as 
                        described in instrument number 2021-0087445 
                        recorded on December 9, 2021 in the records of 
                        the Yavapai County Recorder.
                    (D) Distantce drums rv park property.--
                            (i) Parcel 1.--A tract of land as recorded 
                        in Book 3627, Page 782, Records of Yavapai 
                        County, located in a portion of Government Lots 
                        10 and 11 of Section 7 and Government Lots 13 
                        and 14 of Section 18, Township 14 North, Range 
                        5 East of the Gila and Salt River Base and 
                        Meridian, Yavapai County, Arizona, as described 
                        in Book 4332, Page 281 recorded on November 7, 
                        2005 in the records of the Yavapai County 
                        Recorder.
                            (ii) Parcel 2.--A tract of land located in 
                        a portion of Government Lot 12 of Section 7, 
                        Township 14 North, Range 5 East of the Gila and 
                        Salt River Base and Meridian, Yavapai County, 
                        Arizona, as described in Book 4332, Page 281 
                        recorded on November 7, 2005 in the records of 
                        the Yavapai County Recorder.
                            (iii) Parcel 3.--A tract of land located in 
                        Section 7, Township 14 North, Range 5 East of 
                        the Gila and Salt River Base and Meridian, 
                        Yavapai County, Arizona, as described in Book 
                        4332, Page 281 recorded on November 7, 2005 in 
                        the records of the Yavapai County Recorder.
                    (E) Sonic/chevron property.--
                            (i) Parcel 1.--A tract of land located in 
                        that part of Lot 13, Section 18, Township 14, 
                        North, Range 5 East of the Gila and Salt River 
                        Base and Meridian, Yavapai County, Arizona, 
                        being a portion of that parcel of land 
                        described in Book 3068, Page 519 in the Office 
                        of the Yavapai County Recorder, as described in 
                        Book 4115, Page 876 recorded on February 2, 
                        2004 in the records of the Yavapai County 
                        Recorder.
                            (ii) Parcel 2.--A tract of land located in 
                        that part of Lot 13, Section 18, Township 14 
                        North, Range 5 East of the Gila and Salt River 
                        Base and Meridian, Yavapai County, Arizona, 
                        being a portion of that parcel of land 
                        described in Book 3068, Page 519 in the Office 
                        of the Yavapai County Recorder, as described in 
                        Book 4115, Page 876 recorded on February 2, 
                        2004 in the records of the Yavapai County 
                        Recorder.
                            (iii) Parcel 3.--A tract of land located in 
                        that part of Lot 13, Section 18, Township 14 
                        North, Range 5 East of the Gila and Salt River 
                        Base and Meridian, Yavapai County, Arizona, 
                        being a portion of that parcel of land 
                        described in Book 3068, Page 519 in the office 
                        of the Yavapai County Recorder, as described in 
                        Book 4115, Page 888 recorded on February 2, 
                        2004 in the records of the Yavapai County 
                        Recorder.
                    (F) Arena del loma property.--
                            (i) Parcel 1.--A tract of land located in 
                        Section 19, Township 14 North, Range 5 East of 
                        the Gila and Salt River Base and Meridian, 
                        Yavapai County, Arizona, as described in 
                        instrument number 2020-0044727 recorded on 
                        August 7, 2020 in the records of the Yavapai 
                        County Recorder.
                            (ii) Parcel 2.--A tract of land located in 
                        Section 19, Township 14 North, Range 5 East of 
                        the Gila and Salt River Base and Meridian, 
                        Yavapai County, Arizona, lying within South 
                        Middle Verde Road (Arena Del Loma Road) as 
                        abandoned by Town of Camp Verde, as shown on 
                        plat of record in Book 198 of Maps, Page 51, 
                        records of Yavapai County, Arizona, as 
                        described in instrument number 2020-0044727 
                        recorded on August 7, 2020 in the records of 
                        the Yavapai County Recorder.
                            (iii) Parcel 3.--A tract of land located in 
                        the Northeast quarter of Section 19, Township 
                        14 North, Range 5 East, of the Gila and Salt 
                        River Base and Meridian, Yavapai County, 
                        Arizona, being a portion of that parcel 
                        described in Book 4227, page 525 Record Source 
                        #1 (R1), records of the Yavapai County 
                        Recorder's Office, as described in instrument 
                        number 2022-0059695 recorded on October 6, 2022 
                        in the records of the Yavapai County Recorder.
                    (G) Giant's grave property.--
                            (i) Parcel 1.--A tract of land located in 
                        the Northeast quarter of the Southwest quarter 
                        of Section 19, Township 16 North, Range 3 East 
                        of the Gila and Salt River Base and Meridian, 
                        Yavapai County, Arizona, as described in Book 
                        3319, Page 620, instrument number 9667800 
                        recorded on November 27, 1996 in the records of 
                        the Yavapai County Recorder.
                            (ii) Parcel 2.--A tract of land located in 
                        the South half of the South half of Section 19 
                        and in the Northeast quarter of the Northwest 
                        quarter of Section 30, Township 16 North, Range 
                        3 East of the Gila and Salt River Base and 
                        Meridian, Yavapai County, Arizona, as described 
                        in Book 3319, Page 620, instrument number 
                        9667800 recorded on November 27, 1996 in the 
                        records of the Yavapai County Recorder.
                            (iii) Parcel 3.--A tract of land 20 feet in 
                        width and more or less 178 feet in length 
                        located in the South \1/2\ of Section 19, 
                        Township 16 North, Range 3 East of the Gila and 
                        Salt River Base and Meridian, Yavapai County, 
                        Arizona, being a portion of that certain parcel 
                        of land described in Book 3568, Page 18, 
                        Official Records recorded in the Yavapai County 
                        Recorder's Office, Yavapai County, Arizona, as 
                        described in instrument number 2022-0036985 
                        recorded on June 15, 2022 in the records of the 
                        Yavapai County Recorder.
            (2) Reservation status.--The land taken into trust under 
        paragraph (1) shall be a part of the Yavapai-Apache Reservation 
        and administered in accordance with the laws and regulations 
        generally applicable to the land held in trust by the United 
        States for an Indian Tribe.
            (3) Valid existing rights.--The land taken into trust under 
        paragraph (1) shall be subject to valid existing rights, 
        including easements, rights-of-way, contracts, and managements 
        agreements.
            (4) Limitations.--Nothing in this subsection affects any 
        right or claim of the Yavapai-Apache Nation to any land or 
        interest in land in existence before the date of enactment of 
        this Act.
            (5) Land descriptions.--The Secretary may correct, by 
        mutual agreement with the Yavapai-Apache Nation, any errors in 
        the land descriptions of the land conveyed to the Secretary 
        pursuant to this subsection and section 201(b).
            (6) Conflict.--If there is a conflict between a map and a 
        description of land in this Act, the map shall control unless 
        the Secretary and the Yavapai-Apache Nation mutually agree 
        otherwise.

SEC. 111. YAVAPAI-APACHE NATION CAP WATER.

    (a) Yavapai-Apache Nation Amended Cap Water Delivery Contract.--
            (1) In general.--In accordance with the Yavapai-Apache 
        Nation Water Rights Settlement Agreement and the requirements 
        described in paragraph (2), the Secretary shall enter into the 
        YAN Amended CAP Water Delivery Contract.
            (2) Requirements.--The requirements referred to in 
        paragraph (1) are the following:
                    (A) In general.--The YAN Amended CAP Water Delivery 
                Contract shall--
                            (i) be for permanent service (as that term 
                        is used in section 5 of the Boulder Canyon 
                        Project Act (43 U.S.C. 617d));
                            (ii) take effect on the Enforceability 
                        Date; and
                            (iii) be without limit as to term.
                    (B) Yan cap water.--
                            (i) In general.--The YAN CAP water may be 
                        delivered for use in the State through--
                                    (I) any project authorized under 
                                this Act; or
                                    (II) the CAP System.
                    (C) Contractual delivery.--The Secretary shall 
                deliver the YAN CAP water to Yavapai-Apache Nation in 
                accordance with the terms and conditions of the YAN 
                Amended CAP Water Delivery Contract .
                    (D) Delivery of cap indian priority water.--
                            (i) In general.--If a time of shortage 
                        exists, as that term is described in the YAN 
                        Amended CAP Water Delivery Contract, the amount 
                        of CAP Indian Priority Water available to the 
                        YAN in such Year shall be computed in 
                        accordance with subsection 5.8 of the YAN 
                        Amended CAP Repayment Contract.
                    (E) Leases and exchanges of yavapai-apache nation 
                cap water.--On or after the date on which the YAN 
                Amended CAP Water Delivery Contract becomes effective, 
                the Yavapai-Apache Nation may, with the approval of the 
                Secretary, enter into contracts or options to lease or 
                to exchange YAN CAP Water in Coconino, Gila, Maricopa, 
                Pinal, Pima, and Yavapai counties, Arizona, providing 
                for the temporary delivery to any individual or entity 
                of any portion of the YAN CAP Water.
                    (F) Terms of leases and exchanges.--
                            (i) Leasing.--Contracts or options to lease 
                        under subparagraph (E) shall be for a term of 
                        not more than 100 years.
                            (ii) Exchanges.--Contracts or options to 
                        exchange under subparagraph (E) shall be for 
                        the term provided for in the contract or 
                        option, as applicable.
                            (iii) Renegotiation.--The YAN may, with the 
                        approval of the Secretary, renegotiate any 
                        lease described in subparagraph (E), at any 
                        time during the term of the lease, if the term 
                        of the renegotiated lease does not exceed 100 
                        years.
                    (G) Prohibition on permanent alienation.--No YAN 
                CAP Water may be permanently alienated.
                    (H) Entitlement to lease and exchange funds; 
                obligations of the united states.--
                            (i) Entitlement.--
                                    (I) In general.--The Yavapai-Apache 
                                Nation shall be entitled to all 
                                consideration due to the Yavapai-Apache 
                                Nation under any contract to lease, 
                                option to lease, contract to exchange, 
                                or option to exchange the YAN CAP Water 
                                entered into by the Yavapai-Apache 
                                Nation.
                                    (II) Exclusion.--The United States 
                                shall not, in any capacity, be entitled 
                                to the consideration described in 
                                subclause (I).
                            (ii) Obligations 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 Yavapai-Apache Nation as 
                        consideration under any contract to lease, 
                        option to lease, contract to exchange, or 
                        option to exchange the YAN CAP Water entered 
                        into by Yavapai-Apache Nation, except in a case 
                        in which the Yavapai-Apache Nation deposits the 
                        proceeds of any lease, option to lease, 
                        contract to exchange, or option to exchange 
                        into an account held in trust for the Yavapai-
                        Apache Nation by the United States.
                    (I) Water use and storage.--
                            (i) In general.--The Yavapai-Apache Nation 
                        may use YAN CAP Water on or off the YAN 
                        Reservation.
                            (ii) Storage.--The Yavapai-Apache Nation, 
                        in accordance with State law, may store YAN CAP 
                        Water at 1 or more underground storage 
                        facilities or groundwater savings facilities.
                            (iii) Assignment.--The Yavapai-Apache 
                        Nation may, without the approval of the 
                        Secretary, sell, transfer, or assign any long-
                        term storage credits accrued as a result of 
                        storage described in clause (ii).
                    (J) Use outside state.--The Yavapai-Apache Nation 
                may not use, lease, exchange, forbear, or otherwise 
                transfer any YAN CAP Water for use directly or 
                indirectly outside the State.
                    (K) Cap fixed om&r charges.--
                            (i) In general.--The CAP Operating Agency 
                        shall be paid the CAP Fixed OM&R charges 
                        associated with the delivery of all YAN CAP 
                        Water.
                            (ii) Payment of charges.--Except as 
                        provided in subparagraph (N), all CAP Fixed 
                        OM&R charges associated with the delivery of 
                        YAN CAP Water to the Yavapai-Apache Nation 
                        shall be paid by--
                                    (I) the Secretary, pursuant to 
                                section 403(f)(2)(A) of the Colorado 
                                River Basin Project Act (43 U.S.C. 
                                1543(f)(2)(A)), subject to the 
                                condition that funds for that payment 
                                are available in the Lower Colorado 
                                River Basin Development Fund; and
                                    (II) if the funds described in 
                                subclause (I) become unavailable, the 
                                Yavapai-Apache Nation.
                    (L) Cap pumping energy charges.--
                            (i) In general.--The CAP Operating Agency 
                        shall be paid the CAP Pumping Energy Charge 
                        associated with the delivery of YAN CAP Water 
                        only in cases in which the CAP System is used 
                        for the delivery of that water.
                            (ii) Payment of charges.--Except for CAP 
                        Water not delivered through the CAP System, 
                        which does not incur a CAP Pumping Energy 
                        Charge, or water delivered to other persons as 
                        described in subparagraph (N), any applicable 
                        CAP Pumping Energy Charge associated with the 
                        delivery of the YAN CAP Water shall be paid by 
                        the Yavapai-Apache Nation.
                    (M) Waiver of property tax equivalency payments.--
                No property tax or in-lieu property tax equivalency 
                shall be due or payable by the Yavapai-Apache Nation 
                for the delivery of CAP Water or for the storage of CAP 
                Water in an underground storage facility or groundwater 
                savings facility.
                    (N) Lessee responsibility for charges.--
                            (i) In general.--Any lease or option to 
                        lease providing for the temporary delivery to 
                        other persons of any YAN CAP Water shall 
                        require the lessee to pay to the CAP Operating 
                        Agency the CAP Fixed OM&R Charge and the CAP 
                        Pumping Energy Charge associated with the 
                        delivery of the leased water.
                            (ii) No responsibility for payment.--
                        Neither the Yavapai-Apache Nation nor the 
                        United States in any capacity shall be 
                        responsible for the payment of any charges 
                        associated with the delivery of the YAN CAP 
                        Water leased to other persons.
                    (O) Advance payment.--No YAN CAP Water shall be 
                delivered unless the CAP Fixed OM&R Charge and any 
                applicable CAP Pumping Energy Charge associated with 
                the delivery of that water have been paid in advance.
                    (P) Calculation.--The charges for delivery of YAN 
                CAP Water pursuant to the Yavapai-Apache Nation Amended 
                CAP Water Delivery Contract shall be calculated in 
                accordance with the CAP Repayment Stipulation.
                    (Q) Cap repayment.--For purposes of determining the 
                allocation and repayment of costs of any stages of the 
                CAP System constructed after November 21, 2007, the 
                costs associated with the delivery of YAN CAP Water, 
                whether such water is delivered for use by the Yavapai-
                Apache Nation, or in accordance with any assignment, 
                exchange, lease, option to lease, or other agreement 
                for the temporary disposition of YAN CAP Water entered 
                into by the YAN, shall be--
                            (i) nonreimbursable; and
                            (ii) excluded from the repayment obligation 
                        of the Central Arizona Water Conservation 
                        District.
                    (R) Nonreimbursable cap construction costs.--
                            (i) In general.--With respect to the costs 
                        associated with the construction of the CAP 
                        System allocable to the Yavapai-Apache Nation--
                                    (I) the costs shall be 
                                nonreimbursable; and
                                    (II) the Yavapai-Apache Nation 
                                shall have no repayment obligation for 
                                the costs.
                            (ii) Capital charges.--No CAP water service 
                        capital charges shall be due or payable for the 
                        YAN CAP Water, regardless of whether the YAN 
                        CAP Water is delivered--
                                    (I) for use by the Yavapai-Apache 
                                Nation; or
                                    (II) under any lease, option to 
                                lease, exchange, or option to exchange 
                                entered into by the Yavapai-Apache 
                                Nation.

SEC. 112. ENFORCEABILITY DATE.

    (a) In General.--The Agreement, including the waivers and releases 
of claims described in section 108, shall take effect and be fully 
enforceable on the date on which the Secretary publishes in the Federal 
Register a statement of findings that--
            (1) to the extent the Agreement conflicts with this Act--
                    (A) the Agreement has been revised through an 
                amendment to eliminate the conflict; and
                    (B) the revised Agreement, including any exhibit 
                requiring amendment or execution by any party to the 
                Agreement, has been executed by all required parties;
            (2) the waivers, releases and retentions of claims 
        described in paragraph 13.0 of the Agreement and in section 108 
        of this Act have been executed by the Yavapai-Apache Nation, 
        the United States, and the other parties to the Agreement;
            (3) the full amount described in section 107(a)(1)(A), as 
        adjusted by section 107(d)(1), has been deposited into the 
        Cragin-Verde Pipeline Account of the Tu nl[[nichoh Water 
        Infrastructure Project Fund;
            (4) the full amount described in section 107(a)(1)(B), as 
        adjusted by section 107(d)(1), has been deposited into the YAN 
        Drinking Water System Account of the Tu nl[[nichoh Water 
        Infrastructure Project Fund;
            (5) the full amounts described in sections 107(a)(2)(A), 
        (B), (C), (D) and (E), as adjusted by section 107(d)(2), have 
        been deposited into the Trust Fund;
            (6) the Arizona Department of Water Resources has 
        conditionally approved the severance and transfer of the right 
        of SRP to the diversion and beneficial use of water under 
        Arizona Department of Water Rights Certificate of Water Right 
        No. 3696.0002 as described in Paragraph 8.0 of the Agreement, 
        in an amount not to exceed an average of 3,410.26 AFY, up to a 
        maximum of 3,977.92 acre-feet in any given Year, to the Nation 
        and the United States in its capacity as trustee for the 
        Nation, and has issued a conditional certificate of water right 
        to the Nation and the United States in its capacity as trustee 
        for the Nation, to become effective on the Enforceability Date;
            (7) the changes in places of use and points of diversion 
        for the surface water rights to the Verde River as described in 
        Subparagraph 5.4 of the Agreement have been conditionally 
        approved, to become effective on the Enforceability Date, 
        provided that the YAN, in its sole discretion, may waive this 
        condition;
            (8) the Gila River Adjudication Court has included the 
        water right for instream flow for the Nation and the United 
        States as trustee for the Nation, as described in Subparagraphs 
        11.2 and 11.3 of the YAN Judgment, which substantially conforms 
        to the attributes described in Exhibit 11.1B to the Agreement, 
        provided that the Nation, in its sole discretion, may waive 
        this condition;
            (9) except as otherwise provided in paragraph (7) and (8), 
        the Gila River Adjudication Court has approved the YAN Judgment 
        in substantially the same form attached as Exhibit 13.9 to the 
        Agreement, as amended to ensure consistency with this Act;
            (10) the Secretary has issued a final record of decision 
        approving the construction of the Tu nl[[nichoh Water 
        Infrastructure Project as described section 103 of this Act;
            (11) the Nation and the Town of Clarkdale have executed the 
        Water and Sewer Service Agreement described in Exhibit 16.1.2.3 
        to the Agreement, provided that, the Nation, in its sole 
        discretion, may waive this condition;
            (12) the Nation and the Town of Camp Verde have executed 
        the Interconnection and Exchange Agreement described in Exhibit 
        16.1.2.2 to the Agreement provided that, the Nation, in its 
        sole discretion, may waive this condition; and
            (13) The tribal council of the Yavapai-Apache Nation has 
        adopted a resolution, as described in section 113(a) of this 
        Act, consenting to the limited waiver of sovereign immunity 
        from suit in the circumstances described in section 113(a)(3).
    (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 Yavapai-
        Apache Nation, the Secretary, and the State:
                    (A) this Act is repealed with the exception 
                described in paragraph (2) below;
                    (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 
                107(e)(2) that were used under that section against any 
                claims asserted by the Yavapai-Apache Nation against 
                the United States; and
                    (D) Any amounts appropriated under section 107, 
                together with any investment earnings on those amounts, 
                less any amounts expended under section 104(e)(2), 
                shall revert immediately to the general fund of the 
                Treasury.
            (2) Exception.--Notwithstanding subsection (b)(1), 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 Yavapai-
        Apache Nation, the Secretary, and the State, sections 110 and 
        201 shall remain in effect.

SEC. 113. ADMINISTRATION.

    (a) Limited Waiver of Sovereign Immunity by the Yavapai-Apache 
Nation and the United States Acting as Trustee for the Yavapai-Apache 
Nation.--
            (1) In general.--The Yavapai-Apache Nation, and the United 
        States acting as trustee for the Yavapai-Apache Nation, may be 
        joined in any action brought in any circumstance described in 
        paragraph (3), and any claim by the Yavapai-Apache Nation and 
        the United States to sovereign immunity from any such action is 
        waived.
            (2) Consent of yavapai-apache nation.--By resolution dated 
        June 26, 2024, the Yavapai-Apache 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 Yavapai-Apache Nation 
        Code or any other Yavapai-Apache Nation law.
            (3) Circumstances described.--A circumstance referred to in 
        paragraphs (1) and (2) is described as any of the following:
                    (A) Any party to the 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 Agreement and exhibits to 
                                the Agreement;
                            (ii) names the Yavapai-Apache Nation, or 
                        the United States acting as trustee for the 
                        Yavapai-Apache Nation, as a party in that 
                        action; and
                            (iii) doesnot include any request for award 
                        against the Yavapai-Apache Nation, or the 
                        United States acting as trustee for the 
                        Yavapai-Apache Nation, for money damages, court 
                        costs, or attorney fees, except for claims 
                        brought by a party pursuant to the YAN-SRP 
                        Water Delivery and Use Agreement and YAN-SRP 
                        Exchange Agreement.
                    (B) Any landowner or water user in 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 13.0 of the 
                                Agreement;
                                    (II) the Gila River Adjudication 
                                Decree;
                                    (III) section 108 of this Act; or
                            (ii) names the Yavapai-Apache Nation, or 
                        the United States acting as trustee for the 
                        Yavapai-Apache Nation, as a party in that 
                        action; and
                            (iii) shall not include any request for 
                        award against the Yavapai-Apache Nation, or the 
                        United States acting as trustee for the 
                        Yavapai-Apache Nation, for money damages, court 
                        costs or attorney fees.
    (b) 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.
    (c) Applicability of Reclamation Reform Act.--The Reclamation 
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage 
limitation or full-cost pricing provision under Federal law shall not 
apply to any individual, entity, or land solely on the basis of--
            (1) receipt of any benefit under this title;
            (2) the execution or performance of the Agreement; or
            (3) the use, storage, delivery, lease, or exchange of CAP 
        water.

SEC. 114. MISCELLANEOUS.

    (a) C.C. Cragin Dam and Reservoir.--Section 213(i)(3)(B) of the 
Gila River Indian Community Water Rights Settlement Act of 2004 (Public 
Law 108-451; 118 Stat. 3533) is amended--
            (1) by striking ``Blue Ridge Reservoir'' and inserting 
        ``C.C. Cragin Dam and Reservoir''; and
            (2) by adding at the end the following: ``Up to 1,639.74 
        acre-feet of water per year may be made available from the C.C. 
        Cragin Reservoir for municipal and domestic uses in Yavapai 
        County, Arizona, without cost to the Salt River Federal 
        Reclamation Project, provided that, on or before December 31, 
        2029, water users in Yavapai County have contracted with the 
        Salt River Federal Reclamation Project for the use of the water 
        described in this subparagraph.''.
    (b) Effect of Title.--Nothing in this title quantifies or otherwise 
affects any water right or claim or entitlement to water of any Indian 
tribe, band, or community other than the Yavapai-Apache Nation.

                 TITLE II--YAVAPAI-APACHE LAND EXCHANGE

SEC. 201. YAVAPAI-APACHE LAND EXCHANGE.

    (a) Yavapai-Apache Land Exchange.--Notwithstanding any other 
provision of law, the Secretary of the Department of Agriculture is 
directed to--
            (1) within thirty (30) days of enactment of this Act, 
        unless the Secretary of the Department of Agriculture has 
        already accepted title to such land, accept title to the Non-
        Federal Land consisting of approximately 4,781.96 acres owned 
        by the Yavapai-Apache Nation in the State, as described in 
        subparagraphs (4)(A), (B), (C), (D), (E) and (F) and Exhibits 
        2.98G-1, 2.98G-2, 2.98G-3, 2.98G-4, 2.98G-5 and 2.98G-6 to the 
        Agreement, and such lands are deemed added to each National 
        Forest listed in the description in subparagraphs (a)(4)(A)-(F) 
        upon the date of acceptance of title by the Secretary of the 
        Department of Agriculture;
            (2) within thirty (30) days of enactment of this Act, 
        unless such lands have already been transferred by the Forest 
        Service to the Yavapai-Apache Nation, transfer the Federal Land 
        consisting of approximately 3,087.90 acres held by the Forest 
        Service, as described in subparagraphs (5)(A), (B), (C), (D), 
        (E), (F), (G), (H) and (I) and shown in Exhibit 2.98A to the 
        Agreement, to the Secretary of the Interior to be held in trust 
        by the United States for the benefit of the Yavapai-Apache 
        Nation; and
            (3) within thirty (30) days of enactment of this Act, 
        unless such lands have already been transferred by the Forest 
        Service to the Yavapai-Apache Nation as of the date of 
        enactment of this Act, convey the Federal Land consisting of 
        approximately 118.92 acres held by the Forest Service as 
        described in subparagraph (5)(J), to the Yavapai-Apache Nation 
        in fee.
            (4) Non-federal land.--For purposes of this subsection (b), 
        Non-Federal Land shall include the following as depicted in 
        Exhibit 2.98 of the Agreement:
                    (A) Red Mountain at Yavapai Ranch Six Sections 
                Parcel (YAN1) - Prescott National Forest
                    (B) Johnston Ranch Parcel (YAN2) - Coconino 
                National Forest
                    (C) Pinedale Parcel (YAN3) - Apache-Sitgreaves 
                National Forest
                    (D) Laurel Leaf Parcel (YAN4) - Prescott National 
                Forest
                    (E) Heber Parcel (YAN5) - Apache-Sitgreaves 
                National Forest
                    (F) Williams Parcel (YAN6) - Kaibab National Forest
            (5) Federal land.--For purposes of this subsection (b), 
        Federal Land shall include the following as depicted in Exhibit 
        2.98 of the Agreement:
                    (A) Montezuma A Parcel (NF1)
                    (B) Montezuma B Parcel (NF2)
                    (C) Montezuma C Parcel (NF3)
                    (D) Montezuma D Parcel (NF4)
                    (E) Lower 260 Parcel (NF5)
                    (F) Upper 260 Parcel (NF6)
                    (G) Middle Verde A Parcel (NF7)
                    (H) Middle Verde B Parcel (NF8)
                    (I) Middle Verde C Parcel (NF9)
                    (J) Cedar Ridge Parcel (NF10)
    (b) Land To Be Taken Into Trust.--If the lands described in 
subparagraphs (5)(A), (B), (C), (D), (E), (F), (G), (H) and (I) are 
held by the Yavapai-Apache Nation in fee as of the date of enactment of 
this Act, within thirty (30) days of enactment of this Act, the 
Secretary is authorized and directed to take legal title to the land 
and hold such land in trust for the benefit of the Yavapai-Apache 
Nation.
    (c) Reservation Status.--The land taken into trust under subsection 
(b) shall be a part of the Yavapai-Apache Reservation and administered 
in accordance with the laws and regulations generally applicable to the 
land held in trust by the United States for an Indian Tribe.
    (d) Valid Existing Rights.--The land taken into trust under 
subsection (b) shall be subject to valid existing rights, including 
easements, rights-of-way, contracts, and managements agreements.
    (e) Limitations.--Nothing in this section 201 affects any right or 
claim of the Yavapai-Apache Nation to any land or interest in land in 
existence before the date of enactment of this Act.

SEC. 202. TOWN OF CAMP VERDE AND FOREST SERVICE.

    Pursuant to existing authorities, the Forest Service shall work 
expeditiously with the Town of Camp Verde to transfer title to the Town 
of Camp Verde of up to 40 acres of Forest Service land located at the 
intersection of Interstate 17 and General Crook Trail within the 
municipal boundaries of the Town of Camp Verde for public safety and 
other municipal purposes.
                                 <all>