[Congressional Record Volume 158, Number 24 (Tuesday, February 14, 2012)]
[Senate]
[Pages S615-S636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CARDIN (for himself, Mrs. Boxer, and Mr. Inhofe):
S. 2104. A bill to amend the Water Resources Research Act of 1984 to
reauthorize grants for and require applied water supply research
regarding the water resources research and technology institutes
established under that Act; to the Committee on Environment and Public
Works.
Mr. CARDIN. Mr. President, today I am introducing the Water Resources
Research Amendments Act. First authorized in 1964, the Water Resources
Research Act established 54 Water Resources Research Institutes across
the country and set up a grant program for applied water supply
research. The act was most recently reauthorized in 2006, in PL 109-
471. The bill I introduce today would reauthorize the grant program for
the next 5 years and would add a program focused on the research and
development of green infrastructure.
The research funded through the Water Resources Research Act has had
lasting impacts on our Nation's waters. In fact, some of the tools we
use today for restoration of the Chesapeake Bay were a product of these
research grants. WRRA Researchers across the Mid-Atlantic States have
developed ways to keep the Chesapeake waters clean through urban
stormwater treatment, improved roadway design, and eco-friendly poultry
farming practices. Moreover, WRRA-funded projects develop innovative
and cost-effective solutions for similar water resources issues across
the country. For example, the technology used in West Virginia's
innovative nutrient trading program utilizes technology developed by
WRRA researchers. Undoubtedly, funding WRRA is an intelligent and
necessary investment in the future of our water resources.
WRRA authorizes two types of annual grants. First, it supplies grants
to each Water Resources Research Institute for research that fosters
improvements in water supply reliability, explores new ways to address
water problems, encourages dissemination of research to water managers
and the public, and encourages the entry of new
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scientists, engineers and technicians into the water resources field.
Second, WRRA authorizes a national competitive grant program to address
regional water issues. All WRRA grants must be matched 2 to 1 with non-
federal funding.
In the last authorization period, the program was authorized at
$12,000,000 per year, providing $6,000,000 to each type of grant.
Authorization for these grants expired in fiscal year 2011. Today's
bill would reauthorize both grant programs for an additional five years
by providing $7,500,000 for institutional grants and $1,500,000 for
national competitive grants. This change in authorization levels
reflects our efforts to adjust for present fiscal limitations. The
proposed authorization maximizes economic efficiency of the program
without compromising its efficacy. The Water Resources Research
Institutes across the Nation have 45 years of experience assisting
states and federal agencies through research, education and outreach.
While the Institutes are only required to match Federal funding with
outside sources at a ratio of 2 to 1, they regularly exceed that
proportion, often with ratios of more than 5 to 1. Moreover, Federal
grants are critical for the institutes to be able to leverage funding
from their home State. Consequently, by focusing funds on the Water
Resources Research Institutes, we can be sure that we are supporting
top-notch science while maximizing cost-effectiveness. Moreover, by
funding this network of institutes we are investing in our future. The
Water Resources Research Institutes are the country's single largest
training program for water scientists, technicians, and engineers.
Today water-related issues pervade the nation. Whether it is floods,
droughts, or water degradation, American economies and lives depend on
our water resources. WRRA grants provide us with improved understanding
of water-related issues and better technology to address them. Nearly
half a century after the Water Resources Research grant program was
first put in place, this program is just as relevant, just as critical,
and deserves our support.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2104
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Resources Research
Amendments Act of 2012''.
SEC. 2. WATER RESOURCES RESEARCH ACT AMENDMENTS.
(a) Congressional Findings and Declarations.--Section 102
of the Water Resources Research Act of 1984 (42 U.S.C. 10301)
is amended--
(1) by redesignating paragraphs (7) through (9) as
paragraphs (8) through (10), respectively;
(2) in paragraph (8) (as so redesignated), by striking
``and'' at the end; and
(3) by inserting after paragraph (6) the following:
``(7) additional research is required into increasing the
effectiveness and efficiency of new and existing treatment
works through alternative approaches, including--
``(A) nonstructural alternatives;
``(B) decentralized approaches;
``(C) water use efficiency; and
``(D) actions to reduce energy consumption or extract
energy from wastewater;''.
(b) Clarification of Research Activities.--Section
104(b)(1) of the Water Resources Research Act of 1984 (42
U.S.C. 10303(b)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``water-related
phenomena'' and inserting ``water resources''; and
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''.
(c) Compliance Report.--Section 104(c) of the Water
Resources Research Act of 1984 (42 U.S.C. 10303(c)) is
amended--
(1) by striking ``From the'' and inserting ``(1) In
general.--From the''; and
(2) by adding at the end the following:
``(2) Report.--Not later than December 31 of each fiscal
year, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate, the Committee on
the Budget of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on the Budget of the House of Representatives a
report regarding the compliance of each funding recipient
with this subsection for the immediately preceding fiscal
year.''.
(d) Evaluation of Water Resources Research Program.--
Section 104 of the Water Resources Research Act of 1984 (42
U.S.C. 10303) is amended by striking subsection (e) and
inserting the following:
``(e) Evaluation of Water Resources Research Program.--
``(1) In general.--The Secretary shall conduct a careful
and detailed evaluation of each institute at least once every
5 years to determine--
``(A) the quality and relevance of the water resources
research of the institute;
``(B) the effectiveness of the institute at producing
measured results and applied water supply research; and
``(C) whether the effectiveness of the institute as an
institution for planning, conducting, and arranging for
research warrants continued support under this section.
``(2) Prohibition on further support.--If, as a result of
an evaluation under paragraph (1), the Secretary determines
that an institute does not qualify for further support under
this section, no further grants to the institute may be
provided until the qualifications of the institute are
reestablished to the satisfaction of the Secretary.''.
(e) Authorization of Appropriations.--Section 104(f)(1) of
the Water Resources Research Act of 1984 (42 U.S.C.
10303(f)(1)) is amended by striking ``$12,000,000 for each of
fiscal years 2007 through 2011'' and inserting ``$7,500,000
for each of fiscal years 2012 through 2017''.
(f) Additional Appropriations Where Research Focused on
Water Problems of Interstate Nature.--Section 104(g)(1) of
the Water Resources Research Act of 1984 (42 U.S.C.
10303(g)(1)) is amended by striking ``$6,000,000 for each of
fiscal years 2007 through 2011'' and inserting ``$1,500,000
for each of fiscal years 2012 through 2017''.
______
By Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Rockefeller, and
Mrs. Feinstein):
S. 2105. A bill to enhance the security and resiliency of the cyber
and communications infrastructure of the United States; read the first
time.
Mr. LIEBERMAN. Mr. President, I came to the floor to introduce the
Cyber Security Act of 2012. I am here with Senator Susan Collins. I
thank her for all the work we have done together in what has been a
wonderfully bipartisan, nonpartisan relationship to deal with a very
serious national problem. I am honored that we are joined in
introducing this bill by the chairs of the two committees that have
been most involved in questions of cyber security, chairman of the
Commerce Committee, Senator Rockefeller, and the chair of the
Intelligence Committee of the Senate, Senator Feinstein of California.
We have also had the involvement of the chairs and others on the
Foreign Relations Committee, Judiciary Committee, and Energy Committee.
I am very proud this is a bill that Senators Collins and Rockefeller
and Feinstein and I introduced today.
I wish to give particular thanks to the majority leader, Senator
Reid, for his unflagging support, based on his personal concern about
cyber defenses and based on classified briefings he received on this
problem. He pushed us to work across party and committee lines to pull
the bill together that we are introducing today.
It is interesting to note--since there has been a lot of commentary
in the last 24 hours about President Obama's budget--that President
Obama has recognized, in the most tangible terms, the danger that
confronts us by recommending adding at least $300 million in the coming
year to our cyber security effort.
Still, I know that while it is February 14, 2012, those of us who
have worked on this problem fear that when it comes to protecting
America from cyber attack, it may be September 10, 2001, all over
again. The question is whether America will confront this grave threat
to our security before it happens, before our enemies attack.
We are being bled of our intellectual property every day by cyber
thieves. The consequences of their thievery are very real to America's
economy, our prosperity, and indeed our capacity to create jobs and
hold the ones we have.
Enemies probe the weaknesses in our critical national assets every
day, waiting until the time is right, through cyber attack, to cripple
our economy or attack, for instance, a city's electric grid with the
touch of a key on the other side of the world.
The fact is our cyber defenses are not what they should be, but such
as they are they are blinking red. Yet, again, I fear we will not be
able to connect the dots to prevent a 9/11-type cyber attack on America
before it happens. The aim of this bill is to make sure we don't
scramble here in Congress after such an attack to do what we can and
should do today.
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Intellectual property worth billions of dollars has already been
stolen, giving our international competitors access in the global
marketplace without ever having to invest a dime in research.
The fact is that even the most sophisticated companies are being
penetrated, and our adversaries are using information learned in one
intrusion to plan the next more sophisticated one.
Last year, the computer security firm McAfee conducted a study of 70
specific instances of data theft, and they issued a report on those
instances. They included 13 defense contractors, 6 industrial plants,
and 8 American and Canadian Government networks. Based on that report,
the former vice president of McAfee, Dmitri Alperovitch, issued this
ominous warning:
I am convinced that every company in every conceivable
industry with significant size and valuable intellectual
property and trade secrets has been compromised--or will be
shortly--with the great majority of the victims rarely
discovering the intrusion or its impact.
In fact, I divide this entire set of Fortune Global 2000 firms into
two categories: those that know they've been compromised and those that
don't yet know.
These examples, of course, are deeply alarming, but in addition,
lurking out in the ether are computer worms such as Stuxnet that can
commandeer the computers that control heavy machinery and potentially
allow an intruder to open and close key valves and switches in
pipelines, refineries, factories, water and sewer systems, and electric
plants in our country without detection by their operators.
Obviously, this capacity could be used by an enemy to attack our
country and do damage not only comparable to 9/11 but far in excess of
it. Depending on the target or targets, these kinds of cyber attacks
could lead to terrible physical destruction, massive loss of life,
massive evacuations, and, of course, widespread economic disruption.
Owners of these critical systems; that is, private sector owners--
and, remember, most of private infrastructure in America is privately
owned and is what this bill is talking about--have sometimes told us we
don't need to worry about the security of their systems because they
are not connected to the Internet. But the reality today is that is
simply not correct. The experts have told us that a truly air-gapped
system, as they call it; that is, one not connected to the Internet--is
as rare as a blizzard in the Caribbean. If it exists, our best cyber
experts have yet to see it. And Stuxnet has shown us it doesn't matter
if a system is air gapped, because one thumb drive plugged into a
computer can lead to an infection that spreads.
If we don't act now to secure our computer network, sometime in the
future--and I believe it will be in the near future--we will be forced
to act in the middle of a mega cyber crisis or right after one that has
had an enormous, perhaps catastrophic, effect on our country. That is
why we introduced this bill, and that is why we look forward to the
debate on it, and why we hope it will pass and be enacted before a
cyber catastrophe occurs in America.
Let me briefly describe some of the important work this bill does.
First, it ensures the computer systems--private systems--that control
our most critical infrastructure that are currently not secure are made
secure. Our bill defines critical infrastructure narrowly to include
those systems that, if brought down, or commandeered in a cyber attack
would lead to mass casualties, evacuations of major population centers,
the collapse of financial markets, or degradation of our national
security. This is critical infrastructure. After identifying the
precise systems that meet the definition of high risk, the Secretary of
Homeland Security would, under our legislation, then work with the
private sector operators of those systems to develop cyber security
performance requirements based on risk assessments of those sectors.
The private sector owners would then have some flexibility to meet
those performance requirements with hardware or software they choose so
long as it achieves the required level of security.
The Department of Homeland Security will not be picking technological
winners and losers, so there is nothing in this bill that would stifle
innovation. In fact, I think quite the contrary. If a company can show
it already has met high security standards, it will be exempt from
these requirements. The bill focuses on securing that which is not
secure today, not on putting new requirements on industries that are
doing everything they should be doing to protect themselves and our
national security.
Once these improved security systems come on line, I think many
companies will want to apply them to noncritical systems that are not
covered by this bill as a way to protect the privacy of their employees
and customers, as well as giving these companies the chance to offer
secure e-commerce services. But that will be up to each company.
This bill also seeks to make compliance easier, more rational for
covered critical infrastructure operators by creating a more
streamlined and efficient cyber organization within the Department of
Homeland Security. And at each step in the process created by our bill,
the Department of Homeland Security must work with existing Federal
regulators and the private sector they regulate to ensure no rules or
regulations are put in place that duplicate or conflict with existing
requirements. If a company feels the designation of its networks as
critical infrastructure is somehow wrong, it has the right to appeal
that decision through a system that the law requires DHS to set up or
they can go to Federal district court.
This bill also establishes mechanisms for information sharing between
the private sector and the Federal Government and among the private
sector operators themselves.
Senator Feinstein and her committee made a significant contribution
to this part of our bill. This is important because computer security
experts in the private and public sectors need to be able to share
information, compare notes, in order to protect us against the evolving
cyber threat.
Our proposal also creates appropriate security measures and oversight
to protect privacy and preserve civil liberties. In fact, I was pleased
to read recently that the American Civil Liberties Union said it had
studied our bill and found it offers the greatest privacy protections
of all the cyber security legislation that has been proposed.
I am going to jump forward a little so I can yield to my
distinguished ranking member in a moment.
I have discussed some of the things the bill does, but I want to
mention two it doesn't do.
One myth about this bill is that it contains a kill switch that would
allow the President of the United States in an emergency to seize
control of the Internet. There is nothing remotely like that in this
bill. At one time we had considered language that would, in fact, have
limited powers the President has under the Communications Act of 1934
to take over electronic communications in times of war. But that
provision was so widely misunderstood or misrepresented that we dropped
it rather than risk losing the chance to pass the rest of this urgently
needed legislation.
I also want to make clear that nothing in this bill touches on any of
the issues that quite recently have inflamed our consideration of the
Stop Online Piracy Act or the Protect IP Act, known as PIPA. Many
Members in the Chamber have, metaphorically speaking, scars that still
show from that experience. No need to fear this bill. This bill does
nothing to affect the day-to-day workings of the Internet. Internet
piracy and copyright protections are important concerns in the digital
age. We have to deal with that at some point, but they are simply not
part of this bill.
One final thing I do want to deal with is a complaint from, among
others, our Chamber of Commerce that we are ``rushing forward with
legislation that has not been fully vetted.'' Not true. This bipartisan
legislation has been 3 years in the making, and its outlines have not
only been shared with stakeholders and the public but their input has
helped shape this final version of the bill we are introducing today.
More than 20 hearings on cyber security have been held across seven
different Senate committees, with dozens more held on questions related
to cyber security. In fact, our own committee, since 2005, has held
nine hearings on the subject and will hold another one
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this Thursday where we will hear reactions to this bill.
I am very pleased to say that Senator Reid continues to be very
committed to seeing us do everything we can to adopt legislation to
protect our American cyber systems. I believe it is the leader's intent
to bring up this bill in the next work period. I hope so. Because the
truth is, time is not on our side. We are not adequately protected at
this moment, and the capabilities of those who are attacking us for
economic reasons or who prepare to attack us for strategic reasons
grows larger and larger.
I do want to say we have a growing number of companies in the private
sector--information technology, cyber security and other companies in
critical infrastructure areas--that are coming to support this bill.
Two I want to mention are SISCO and Oracle, which gives you some sense
of the range of support for the bill.
Bottom line, I think this is a subject around which we should have a
good healthy debate, an open amendment process, and a bipartisan
agreement, because this is not at all about regulation, it is about our
most fundamental national economic security and public safety.
With that, I yield the floor to my distinguished ranking member,
Senator Collins.
The PRESIDING OFFICER. The Senator from Maine.
Ms. COLLINS. Mr. President, I do rise today to introduce with the
chairman of the Homeland Security Committee Senator Lieberman, as well
as Senator Rockefeller and Senator Feinstein, the Cyber Security Act of
2012. As always, it has been a great pleasure to work with my friend
and colleague from Connecticut on what I believe is the most important
initiative we have come together on since perhaps our 2004 Intelligence
Reform and Terrorism Prevention Act.
I am also delighted that three Senate chairmen who have significant
jurisdiction in this area--Senators Lieberman, Rockefeller, and
Feinstein--have come together. We have all worked very hard on this
bill. I also want to commend the staff of our committee, which has
worked extraordinarily hard over several years to produce this bill.
Our legislation would provide the Federal Government and the private
sector with the tools necessary to protect our most critical
infrastructure from growing cyber threats.
Earlier this month, FBI Director Robert Mueller warned that the cyber
threat will soon equal or surpass the threat from terrorism. He argued
that we should be addressing the cyber threat with the same intensity
we have applied to the terrorist threat.
Director of National Intelligence Jim Clapper made the point even
more strongly. He described the cyber threat as:
A profound threat to this country, to its future, its
economy and its very being.
These warnings are the latest in a chorus of warnings from current
and former officials. Last November, the Director of the Defense
Advanced Research Projects Agency, or DARPA, warned that malicious
cyber attacks threaten a growing number of the systems with which we
interact each and every day--the electric grid, our water treatment
plants, and key financial systems.
Similarly, GEN Keith Alexander, commander of U.S. Cyber Command, and
director of the National Security Agency, has warned that the cyber
vulnerabilities we face are extraordinary and characterized by ``a
disturbing trend from exploitation to disruption to destruction. ``
As Senator Lieberman has pointed out, the threat is not only to our
national security but also to our economic well-being.
A study by the company, Norton, last year calculated the cost of
global cyber crime at $114 billion annually. When combined with the
value of time that victims lost due to cyber crime, this figure grows
to $388 billion globally, which Norton described as ``significantly
more'' than the global black market in marijuana, cocaine, and heroin
combined.
In an op-ed last month titled, ``China's Cyber Thievery Is National
Policy--And Must Be Challenged,'' former DNI Mike McConnell, former
Homeland Security Secretary Michael Chertoff, and former Deputy
Secretary of Defense William Lynn noted the ability of cyberterrorists
to cripple our critical infrastructure, and they sounded an even more
urgent alarm about the threat of economic cyber espionage.
Citing an October 2011 report to Congress by the Office of the
National Counterintelligence Executive, they warned of the catastrophic
impact that cyber espionage--particularly that pursued by China--could
have on our economy and our competitiveness. They estimated that the
cost easily means billions of dollars and millions of jobs. This threat
is all the more menacing because it is being pursued by a global
competitor seeking to steal the research and development of American
firms to undermine our economic leadership.
The evidence of our cyber security vulnerability is overwhelming and
compels us to act. As the chairman mentioned, since 2005, our Homeland
Security Committee has held nine hearings on the cyber threat. In 2010,
Chairman Lieberman, Senator Carper, and I introduced our cyber security
bill, which was reported by the committee later that same year. Since
last year, we have been working with Chairman Rockefeller to merge our
bill with legislation he has championed which was reported by the
Commerce Committee.
Lately, after incorporating changes based on the feedback of our
colleagues, the private sector, and the administration, we have
produced a new version which we introduced today. Some of our
colleagues have urged us to focus very narrowly on the Federal
Information Security Management Act, as well as on Federal research and
development, and improved information sharing. We do need to address
those issues, and our bill does address those important issues.
Again, as did Senator Lieberman, I commend Senator Feinstein for her
contributions in the area of improved information sharing, and Senator
Carper for the work he has done on the Federal Information Security
Management Act. But the fact remains that with 85 percent of our
Nation's critical infrastructure owned by the private sector,
government also has a critical role in ensuring that the most vital
parts of that critical infrastructure--those whose disruption could
result in truly catastrophic consequences, such as mass casualties or
mass evacuations--meet reasonable, risk-based performance standards.
In an editorial this week, the Washington Post concurred, writing
that:
Our critical systems have remained unprotected. To accept
the status quo would be an unacceptable risk to U.S. national
security.
The Post got it exactly right.
Some of our colleagues are skeptical about the need for any new
regulations. There is no one who has worked harder than I have to
oppose regulations that would unnecessarily burden our economy and cost
us jobs. But we need to distinguish between regulations that hurt our
economy and are not necessary and hinder our international
competitiveness versus regulations that are necessary for our national
security and that promote rather than hinder our economic prosperity,
those that strengthen our economy and our Nation.
The fact is the risk-based performance requirements in our bill are
targeted carefully. They only apply to specific systems and assets--not
entire companies--that, if damaged, could reasonably be expected to
result in mass casualties, huge evacuations, catastrophic economic
damages, or a severe degradation of our national security. In other
words, we are talking about truly catastrophic impacts. Moreover, the
owners of critical infrastructure, not the government, would select and
implement the cyber security measures the owners determine to be best
suited to satisfy the risk-based cyber security performance
requirements.
Our new bill would also require the Secretary of Homeland Security to
select from among existing industry practices and standards or choose
performance requirements proposed by the private sector--lots of
collaboration and consultation. Only if none of these mitigates the
risks identified through this public-private collaboration could the
Secretary propose something different. That is extremely unlikely to
happen.
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The bill prohibits the regulation of the design and development of
commercial IT products. It would require that existing requirements and
current regulators be used wherever possible. The bill would allow
Federal officials to waive the bill's requirements when existing
regulations or security measures are already sufficiently robust.
As with our earlier versions of this bill, companies in substantial
compliance with the performance requirements at the time of a cyber
incident would receive liability protection from any punitive damages
associated with an incident, giving them an incentive to comply.
The fact remains that improving cyber security is absolutely
essential. We cannot afford to wait for a cyber 9/11 before taking
action. The warnings could not be clearer about the vulnerabilities and
the threat to our systems. Every single day nation states, terrorist
groups, cyber criminals, and hackers probe our systems both in the
public and the private sectors, and they have been successful over and
over in their intrusions.
We don't want to look back after a catastrophic cyber event and say:
Why didn't we act? How could we have ignored all of these warnings? So
I would encourage our colleagues to continue to work with us and to
come together and enact this vitally needed legislation.
Mr. President, I yield the floor.
Mr. ROCKEFELLER. Mr. President, when most Americans think of cyber
security, they conjure up an image of somebody having a credit card
number stolen, for example, or a prankster using their Twitter account
or somebody downloading a movie without paying for it. And although
that is all true and important, it is not dangerous. The internet is
central to our lives, our economy, and our society. Any insecurity is a
worry. I will expand.
We are here today because the experts are warning us that we are on
the brink of something much worse, something that could bring down our
economy, rip open our national security or even take lives. The
prospect of mass casualty is what has propelled us to make cyber
security a top priority for this year, to make it an issue that
transcends political parties or ideology.
Consider the warning signs: Hackers now seem to be able to routinely
crack the codes of our government agencies, including the most
sensitive ones. They do so routinely with our Fortune 500 companies,
and then everything in between. ADM Mike Mullen, former Joint Chiefs of
Staff Chairman, said that a cyber security threat is the only other
threat that is on the same level as Russia's stockpile of nuclear
weapons--loose nukes, if you will. FBI Director Robert Mueller
testified to Congress very recently that the cyber threat will soon
overcome terrorism as the top national security focus of the FBI. Think
about that--cyber threats will be as dangerous as terrorism.
Cyber threats and the prospects of a widespread cyber attack could
potentially be as devastating to this country as the terrorist strikes
that tore apart this country just 10 short years ago. How is that
possible, you ask. Think about how many people could die if a cyber
terrorist attacked our air traffic control system--both now and when it
is made modern--and our planes slammed into one another or if rail-
switching networks were hacked, causing trains carrying people--and
more than that, perhaps hazardous material, toxic materials--to derail
or collide in the midst of our most populated urban areas, such as
Chicago, New York, San Francisco, Washington, DC, et cetera. What about
an attack on networks that run a pipeline, refinery, or a chemical
factory, causing temperature and pressure imbalance, leading to an
explosion equivalent to a massive bomb, or an attack on a power grid,
shutting down generators and killing electricity going into cities and
our hospitals. In short, we are on the brink of what could be a
calamity.
President Bush's last Director of National Intelligence and President
Obama's first Director of National Intelligence in consecutive years
said that cyber security was the major national security threat facing
this Nation. Are we paying attention? We can act now and try to prepare
ourselves as best we can or we can wait and we will be surprised with
what happens.
I am here to argue that we should act now to prevent a cyber
disaster. That is what this bill would do. Working with my friends
Senator Lieberman and Senator Collins, we have written legislation that
I believe strikes the right balance, addressing the danger without
putting an undue new set of regulations on business.
Our bill would determine the greatest cyber vulnerabilities
throughout our critical infrastructure; protect and promote private
sector innovation, creativity, and encourage private sector leadership
and real accountability in securing their private systems; and improve
threat and vulnerability information sharing between the government and
the private sector, while protecting as best as we can privacy and
civil liberties. It will improve the security of the Federal Government
networks, including our most sensitive ones that are now being hacked
into; clarify the roles and responsibilities of Federal agencies;
strengthen our cyber workforce; coordinate cyber security research and
development; and promote public awareness of cyber vulnerabilities to
ensure a better informed and more alert citizenry, frankly.
Let me say again that this is bipartisan and was written to address
the many concerns that surfaced 3 years ago when we first raised this
issue and, frankly, when we started writing this bill. We held meetings
with all sides and incorporated hundreds of specific suggestions and,
in short, tried to do what we do with any important and large piece of
legislation--make a lot of people really think deeply and come up with
a compromise to which everyone can agree.
Earlier this month, an association of major high-tech companies
praised our approach. Generally, they do. We have talked with industry,
with the White House, with everybody hundreds of times over a period of
3 years, and in the end we settled on a plan that creates no new
bureaucracy or heavyhanded regulation. However, it is premised on
companies taking responsibility for securing their own networks, with
government assistance as necessary. Will they do that?
I think back to 2000 and 2001 when we all saw signs of people moving
in and out of the country. We were not quite sure what that meant. We
saw dots appear to connect, but did they or didn't they? And we knew
something new and something different and something dangerous just
might be upon us, but we didn't drill down. Our intelligence and
national security leadership took these matters very seriously, as best
as they possibly could, but in the end not seriously enough. It was too
late--September 11 happened.
Today, with a new set of warnings flashing before us on a different
subject--cyber security and a wide range of new challenges to our
security and our safety--we again face a choice: act now and put in
place safeguards to protect this country and our people or act later
when it is too late. I hope we act now.
______
By Mr. BROWN of Ohio (for himself, Mr. Sanders, and Mr. Udall of
New Mexico):
S. 2108. A bill to amend the Workforce Investment Act of 1998 to
provide for the establishment of Youth Corps programs and provide for
wider dissemination of the Youth Corps model; to the Committee on
Health, Education, Labor, and Pensions.
Mr. BROWN of Ohio. Mr. President, today, only 54 percent of Americans
ages 18 to 24 have jobs--the lowest employment rate for young people
since this data was first collected in 1948. It is a job deficit that
cripples our economy in both the short-term and long-term. But it's
also a deficit we can close if we do the right thing and invest in
programs that help young people find the jobs they--and our economy--
need. That is why I am introducing the Youth Corps Act of 2012.
The Youth Corps Act of 2012 would establish a competitive grant
program in the Workforce Investment Act to expand the Youth Corps
program across the Nation.
The Youth Corps is a direct descendent of President Franklin Delano
Roosevelt's Civilian Conservation Corps, his most successful and
popular New Deal program aimed at helping young men find employment
during the Great Depression.
From 1933 to 1942, more than 3 million young men served in the
Civilian
[[Page S620]]
Conservation Corps dramatically improving the Nation's public land,
while also receiving food, housing, education, and a small stipend.
They helped plant nearly 3 billion trees to reforest the nation,
constructed more than 800 parks nationwide, and built a network of
public roadways in remote areas. In Ohio, their legacy persists across
our State in organizations like the Muskingum Conservancy Watershed
District, which provides the system that protects thousands of acres of
land from flooding.
Today, more than 30,000 young men and women participate annually in
the Youth Corps program in all 50 States and the District of Columbia.
Some Corps members improve and preserve public lands and national
parks, while others work with students in our Nation's public schools.
Finally, some members provide disaster preparation and recovery
services to underresourced communities.
The Youth Corps Act of 2012 would provide more young adults with the
opportunity to experience Youth Corps, while ensuring a steady source
of funding for these programs. Currently, funding for Youth Corps
programs comes from a wide variety of sources, forcing many Corps to
operate with uncertainty. By investing in Youth Corps, we are investing
in our Nation's future teachers and principals, doctors and lawyers.
The men and women who participate in Youth Corps are selfless,
dedicated, and passionate people. While some may have faced challenges
during their childhood or struggled in school, all of them are
interested in bridging the gap between education and opportunity that
too often plagues our communities. With the guidance of an adult
community leader, a modest stipend, and support services like education
and career preparation, participants are able to gain valuable life and
career skills.
Ohio is home to three Youth Corps programs: the WSOS Quilter
Conservation Corps, City Year Cleveland, and City Year Columbus.
Members of these Corps provide a great public service to the citizens
of Ohio--a legacy like that of the CCC which will persist for
generations.
The WSOS Quilter Conservation Corps members serve as Benefit and Tax
Counselors, helping low-income individuals file their State and Federal
taxes, apply for benefits like health care coverage, home energy
assistance, child care subsidies and food stamps.
Members of City Year Cleveland and City Year Columbus serve as
mentors and educators in our most challenged schools.
My daughter, Elizabeth, was a City Year Corps Member in Philadelphia,
and my other daughter, Caitlin, was a member of City Year in
Providence.
City Year is a national model on how each of us can serve our Nation.
For this reason, we must invest more in these vital programs.
Each of these programs improves our state while providing skills to
our Nation's future leaders. And for this reason, we must invest more
in these important programs.
That is why I am proud to introduce the Youth Corps Act of 2012. By
empowering our young people to serve their communities, we can help
provide them with the skills they need to find jobs, strengthen our
economy, and enrich our communities.
______
By Mr. KYL (for himself and Mr. McCain):
S. 2109. A bill to approve the settlement of water rights claims of
the Navajo Nation, the Hopi Tribe, and the allottees of the Navajo
Nation and Hopi Tribe in the State of Arizona, to authorize
construction of municipal water projects relating to the water rights
claims, to resolve litigation against the United States concerning
Colorado River operations affecting the States of California, Arizona,
and Nevada, and for other purposes; to the Committee on Indian Affairs.
Mr. KYL. Mr. President, on behalf of Senator McCain and myself, I am
pleased to introduce the Navajo-Hopi Little Colorado River Water Rights
Settlement Act of 2012. This is S. 2109.
It is propitious as the State of Arizona today celebrates its
centennial--its 100th birthday--that we also have the opportunity to
resolve significant water rights issues for the Navajo Nation, the Hopi
Tribe, and water users throughout the Southwest. Indeed, the legal
arguments for the claims being settled predate Arizona's induction into
the Union. It is also worth noting that for more than two decades--more
than 20 percent of Arizona's statehood time--hundreds of individuals in
Arizona and here in Washington have worked hard to settle all these
claims.
The protracted, and at times contentious, negotiations are a
reflection of water's fundamental importance as well as the care and
attention communities in the Southwest have given to managing this very
limited resource. For many on the Navajo and Hopi Reservations,
however, management of the resource is nothing more than a mirage.
It shocks the conscience in this day and age that many on the Navajo
and Hopi Reservations only have access to the amount of water they can
haul--in some instances literally by horse and wagon--to the remote
reaches of the reservations. While this picture of conditions near
Dilkon on the Navajo Reservation could be confused as a depiction of
conditions at the time Arizona became a State in 1912, it was taken in
just August of last year.
We can see that it depicts, as in many other areas of the
reservation, that between one-third and one-half of the households lack
complete plumbing facilities, with many families being forced to haul
water significant distances. That is what we see depicted in this
photograph. This has become a way of life on the reservation--a full-
time job that limits economic opportunities and perpetuates a cycle of
poverty. What is more, this lack of clean, readily available drinking
water significantly impacts the health and safety of the Navajo and
Hopi people. There are higher rates of disease and infant mortality and
a lack of sufficient water supplies to meet fire-suppression needs. It
is inconceivable in 2012 that Navajo and Hopi families are still living
in these conditions.
Legally, the Navajo Nation and the Hopi Tribe may assert claims to
larger quantities of water, but, as seen here, they do not have the
means to make use of those supplies in a safe and productive manner.
Among water law practitioners, the tribes may be said to have ``paper''
water, as opposed to ``wet'' water. Those claims are far-reaching,
extending beyond the mesas and plateaus of northern Arizona and calling
into question water uses even in California and Nevada.
The legislation we introduce today, however, would resolve many of
those issues. In exchange for legal waivers, the Navajo Nation and the
Hopi Tribe would receive critical drinking water infrastructure. The
three groundwater projects contemplated by this act would deliver much
needed drinking water supplies to the impoverished areas of the Navajo
and Hopi Reservations.
It is also important to note that this settlement would facilitate
water deliveries to the eastern part of the Navajo reservation through
the Navajo-Gallup Water Supply Project, a project that has not only
been approved by Congress but was one of 14 projects chosen by the
President in October for expedited environmental review and permitting.
Although that expedited project may deliver 6,411 acre-feet of water to
Navajo communities in Arizona, such deliveries cannot occur until the
Navajo claims in Arizona have been resolved. This settlement
accomplishes that goal, reallocating water for delivery through the
Navajo-Gallup pipeline.
Importantly, this settlement would not only inure to the benefit of
the Navajo Nation and the Hopi Tribe, but it would also provide
immeasurable benefits to non-Indian communities throughout Arizona,
California, and Nevada. Without a settlement, resolution of the tribes'
claims would take years, require parties to expend significant sums,
create continued uncertainty concerning water supplies, and seriously
impair the economic well-being of all of the parties to the settlement.
For example, municipalities, farmers, ranchers, and industrial water
users in northern Arizona would be able to better plan for their water
future without the uncertainty and expense of continuing costly
litigation against the tribes. Likewise, water users from the Imperial
Valley of California to the Las Vegas Strip would be
[[Page S621]]
able to take comfort in the knowledge that lower Colorado River water-
management regulations that they spent years developing would no longer
be subject to challenge by the Navajo Nation.
In addition to resolving the tribes' claims to the Little Colorado
River, this settlement sets the table for future negotiations regarding
the lower Colorado River. The settlement, among other things, reserves
water for future negotiation of those claims. In doing so, this bill
acknowledges the importance of those settlement negotiations to the
tribes and the non-Indian communities throughout the Southwest.
I have had the privilege to work on a number of water settlements
throughout my career. Each has been rewarding and served to meet
significant needs for both the American Indian and non-Indian
communities involved. In that same regard, I am pleased to have had the
opportunity to work with the many parties who have negotiated this
settlement, and I am committed to bringing it to fruition through
congressional enactment.
I believe this bill represents the best opportunity for all of the
parties and for the American taxpayer to achieve a fair result. The
settlement resolves significant legal claims, limits legal exposure,
avoids protracted litigation costs, and, most important, saves lives.
Therefore, I urge my colleagues to support this legislation.
As we move forward with the request for hearings that we will need to
hold and hopefully, after that, bringing this legislation, after
properly marking it up, to the floor of the Senate, Senator McCain and
I will have much more to say about how the settlement came about, what
its importance is to the people of Arizona, describing the legal
consequences of it, and what it means to the future of my State.
I am particularly pleased that all of the parties in Arizona--
literally hundreds of people came together to reach an agreement that
we could then embody in legislation that I could introduce on the day
of Arizona's birthday, its centennial, its 100th birthday, as another
important event in the history of our State. I think it would be a
fitting birthday present to the people of the State Arizona if our
colleagues will help us in ensuring that this legislation can be
adopted in this centennial year.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2109
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 ``Navajo-
Hopi Little Colorado River Water Rights Settlement Act of
2012''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
TITLE I--NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT
AGREEMENT
Sec. 101. Ratification and execution of the Navajo-Hopi Little Colorado
River water rights settlement agreement.
Sec. 102. Water rights.
Sec. 103. Authorization for construction of municipal, domestic,
commercial, and industrial water projects.
Sec. 104. Funding.
Sec. 105. Waivers, releases, and retentions of claims.
Sec. 106. Satisfaction of water rights and other benefits.
Sec. 107. After-acquired trust land.
Sec. 108. Enforceability date.
Sec. 109. Administration.
Sec. 110. Environmental compliance.
TITLE II--CENTRAL ARIZONA PROJECT WATER
Sec. 201. Conditions for reallocation of CAP NIA priority water.
Sec. 202. Reallocation of CAP NIA priority water, firming, water
delivery contract.
Sec. 203. Colorado river accounting.
Sec. 204. No modification of existing laws.
Sec. 205. Amendments.
Sec. 206. Retention of Lower Colorado River water for future Lower
Colorado River settlement.
Sec. 207. Authorization of appropriations for feasibility study.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is the policy of the United States, in keeping with
the trust responsibility of the United States to Indian
tribes, to settle Indian water rights claims whenever
possible without lengthy and costly litigation;
(2) the water rights settlements described in paragraph (1)
typically require congressional review and approval;
(3) the Navajo Nation and the United States, acting as
trustee for the Navajo Nation and allottees of the Navajo
Nation, claim the right to an unquantified amount of water
from the Little Colorado River system and source;
(4) the Navajo Nation claims the right to an unquantified
amount of water from the lower basin of the Colorado River
and has challenged the legality of the Colorado River Interim
Surplus Guidelines, the Colorado River Quantification
Settlement Agreement of the State of California, interstate
water banking regulations, and Central Arizona Project water
deliveries;
(5) the defendants in the action described in paragraph (4)
include--
(A) the Department of the Interior, including the Bureau of
Reclamation and the Bureau of Indian Affairs, and
(B) intervenor-defendants, including--
(i) the Southern Nevada Water Authority;
(ii) the Colorado River Commission of Nevada;
(iii) the State of Arizona;
(iv) the State of Nevada;
(v) the Central Arizona Water Conservation District;
(vi) the Southern California Metropolitan Water District;
(vii) the Imperial Irrigation District;
(viii) the Coachella Valley Water District;
(ix) the Arizona Power Authority;
(x) the Salt River Project Agricultural Improvement and
Power District; and
(xi) the Salt River Valley Water Users Association;
(6) the Hopi Tribe and the United States, acting as trustee
for the Hopi Tribe and allottees of the Hopi Tribe, claim the
right to an unquantified amount of water from the Little
Colorado River system and source; and
(7) consistent with the policy of the United States, this
Act settles the water rights claims of the Navajo Nation,
allottees of the Navajo Nation, the Hopi Tribe, and allottees
of the Hopi Tribe by providing drinking water infrastructure
to the Navajo Nation and the Hopi Tribe in exchange for
limiting the legal exposure and litigation expenses of the
United States, the States of Arizona and Nevada, and
agricultural, municipal, and industrial water users in the
States of Arizona, Nevada, and California.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to resolve, fully and finally--
(A) any and all claims to the Little Colorado River system
and source in the State of Arizona of--
(i) the Navajo Nation, on behalf of itself and the members
of the Navajo Nation;
(ii) the United States, acting as trustee for the Navajo
Nation, the members of the Navajo Nation, and allottees of
the Navajo Nation;
(iii) the Hopi Tribe, on behalf of itself and the members
of the Hopi Tribe; and
(iv) the United States, acting as trustee for the Hopi
Tribe, the members of the Hopi Tribe, and allottees of the
Hopi Tribe; and
(B) any and all claims to the Gila River system and source
in the State of Arizona of the Navajo Nation, on behalf of
itself and the members of the Navajo Nation;
(2) to approve, ratify, and confirm the settlement
agreement entered into among the Navajo Nation, the Hopi
Tribe, the United States, the State of Arizona, and any other
party;
(3) to authorize and direct the Secretary to execute and
perform the duties and obligations of the Secretary under the
settlement agreement and this Act; and
(4) to authorize any actions and appropriations necessary
for the United States to fulfill the duties and obligations
of the United States to the Navajo Nation, allottees of the
Navajo Nation, the Hopi Tribe, and allottees of the Hopi
Tribe, as provided in the settlement agreement and this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) 1934 act case.--The term ``1934 Act case'' means the
litigation styled Honyoama v. Shirley, Case No. CIV 74-842-
PHX-EHC (D. Ariz. 2006).
(2) Abstract.--The term ``abstract'' means a summary of
water rights or uses held or owned by any person, as
represented in a form substantially similar to the form
attached as exhibit 3.1.4 to the settlement agreement.
(3) Afy.--The term ``afy'' means acre-feet per year.
(4) Allotment.--The term ``allotment'' means an allotment
that--
(A) was originally allotted to an individual identified as
a Navajo or Hopi Indian in the allotting document;
(B) is located--
(i) within the exterior boundaries of the Navajo
Reservation;
(ii) within the exterior boundaries of the Hopi
Reservation; or
(iii) on land that is--
(I) off-reservation land; and
(II) within Apache, Coconino, or Navajo County, in the
State; and
(C) is held in trust by the United States for the benefit
of an allottee.
(5) Allottee.--The term ``allottee'' means a person who
holds a beneficial real property interest in an allotment.
[[Page S622]]
(6) Available cap supply.--The term ``available CAP
supply'' means, for any given year--
(A) all fourth priority Colorado River water available for
delivery through the CAP system;
(B) water available from CAP dams and reservoirs other than
Modified Roosevelt Dam; and
(C) return flows captured by the Secretary for CAP use.
(7) CAP contract.--The term ``CAP contract'' means a long-
term contract or subcontract, as those terms are used in the
CAP repayment stipulation, for delivery of CAP water.
(8) CAP contractor.--The term ``CAP contractor'' means a
person or entity that has entered into a long-term contract
or subcontract (as those terms are used in the CAP repayment
stipulation) with the United States or the United States and
the Central Arizona Water Conservation District for delivery
of water through the CAP system.
(9) CAP fixed om&r charge.--The term ``CAP fixed OM&R
charge'' means ``Fixed OM&R Charge'', as that term is defined
in the CAP repayment stipulation.
(10) CAP m&i priority water.--The term ``CAP M&I priority
water'' means the CAP water that has a municipal and
industrial delivery priority under the CAP repayment
contract.
(11) CAP nia priority water.--The term ``CAP NIA priority
water'' means the CAP water deliverable under a CAP contract
providing for the delivery of non-Indian agricultural
priority water.
(12) CAP operating agency.--
(A) In general.--The term ``CAP operating agency'' has the
meaning given the term in section 2 of the Arizona Water
Settlements Act (Public Law 108-451; 118 Stat. 3478).
(B) Administration.--As of the date of enactment of this
Act, the ``CAP operating agency'' is the Central Arizona
Water Conservation District.
(13) Cap pumping energy charge.--The term ``CAP pumping
energy charge'' means ``Pumping Energy Charge'', as that term
is defined in the CAP repayment stipulation.
(14) CAP repayment contract.--The term ``CAP repayment
contract'' has the meaning given the term in section 2 of the
Arizona Water Settlements Act (Public Law 108-451; 118 Stat.
3478).
(15) CAP repayment stipulation.--The term ``CAP repayment
stipulation'' means the Stipulated Judgment and the
Stipulation for Judgment (including exhibits), entered on
November 21, 2007, in the case styled Central Arizona Water
Conservation District v. United States, et al., No. CIV 95-
625-TUC-WDB (EHC), No. CIV 95-1720-PHX-EHC (Consolidated
Action), United States District Court for the District of
Arizona (including any amendments or revisions).
(16) CAP system.--The term ``CAP system'' has the meaning
given the term in section 2 of the Arizona Water Settlements
Act (Public Law 108-451; 118 Stat. 3478).
(17) CAP water.--The term ``CAP water'' means ``Project
Water'', as that term is defined in the CAP repayment
stipulation.
(18) Central arizona project or cap.--The term ``Central
Arizona Project'' or ``CAP'' means the Federal reclamation
project authorized and constructed by the United States in
accordance with title III of the Colorado River Basin Project
Act (43 U.S.C. 1521 et seq.).
(19) Central arizona water conservation district.--The term
``Central Arizona Water Conservation District'' means the
political subdivision of the State that is the contractor
under the CAP repayment contract.
(20) Colorado river compact.--The term ``Colorado River
Compact'' means the Colorado River Compact of 1922, as
ratified and reprinted in article 2 of chapter 7 of title 45,
Arizona Revised Statutes.
(21) Colorado river system.--The term ``Colorado River
system'' has the meaning given the term in article II(a) of
the Colorado River Compact.
(22) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(23) Decree.--The term ``decree'', when used without a
modifying adjective, means--
(A) the decree of the Supreme Court in the case styled
Arizona v. California (376 U.S. 340 (1964));
(B) the Consolidated Decree entered on March 27, 2006 (547
U.S. 150), in the case described in subparagraph (A); and
(C) any modifications to the decrees described in
subparagraphs (A) and (B).
(24) Divert.--The term ``divert'' means to receive,
withdraw, develop, produce, or capture groundwater, surface
water, Navajo Nation CAP water, or effluent by means of a
ditch, canal, flume, bypass, pipeline, pit, collection or
infiltration gallery, conduit, well, pump, turnout, other
mechanical device, or any other human act, including the
initial impoundment of that water.
(25) Effluent.--
(A) In general.--The term ``effluent'' means water that--
(i) has been used in the State for domestic, municipal, or
industrial purposes; and
(ii) is available for use for any purpose.
(B) Exclusion.--The term ``effluent'' does not include
water that has been used solely for hydropower generation.
(26) Fourth priority colorado river water.--The term
``fourth priority Colorado River water'' means Colorado River
water that is available for delivery in the State for
satisfaction of entitlements--
(A) pursuant to 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 land in the State, in a
total quantity that does not exceed 164,652 afy of
diversions; and
(B) after first providing for the delivery of water under
section 304(e) of the Colorado River Basin Project Act (43
U.S.C. 1524(e)), pursuant to the CAP repayment contract for
the delivery of Colorado River water for the CAP, including
use of Colorado River water on Indian land.
(27) Gila river adjudication.--The term ``Gila River
adjudication'' means the action pending in the Superior Court
of the State of Arizona in and for the County of Maricopa
styled 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).
(28) Gila river adjudication court.--The term ``Gila River
adjudication court'' means the Superior Court of the State of
Arizona in and for the County of Maricopa, exercising
jurisdiction over the Gila River adjudication.
(29) Gila river adjudication decree.--The term ``Gila River
adjudication decree'' means the judgment or decree entered by
the Gila River adjudication court, which shall be in
substantially the same form as the form of judgment attached
to the settlement agreement as exhibit 3.1.49.
(30) Groundwater.--The term ``groundwater'' means all water
beneath the surface of the earth within the State that is
not--
(A) surface water;
(B) underground water within the Upper Basin;
(C) Lower Colorado River water; or
(D) effluent.
(31) Hopi fee land.--The term ``Hopi fee land'' means land,
other than Hopi trust land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of the Hopi
Reservation; and
(C) as of the LCR enforceability date, is owned by the Hopi
Tribe, including ownership through a related entity.
(32) Hopi groundwater project.--The term ``Hopi Groundwater
Project'' means the project carried out in accordance with
section 103(b).
(33) Hopi groundwater project account.--The term ``Hopi
Groundwater Project Account'' means the account created in
the Treasury of the United States pursuant to section 104(c).
(34) Hopi land.--The term ``Hopi land'' means--
(A) the Hopi Reservation;
(B) Hopi trust land; and
(C) Hopi fee land.
(35) Hopi om&r trust account.--The term ``Hopi OM&R Trust
Account'' means the account created in the Treasury of the
United States pursuant to section 104(d).
(36) Hopi reservation.--
(A) In general.--The term ``Hopi Reservation'' means the
land within the exterior boundaries of the Hopi Reservation,
including--
(i) all land withdrawn by the Executive Order dated
December 16, 1882, and in which the Hopi Tribe is recognized
as having an exclusive interest in the case styled Healing v.
Jones, Case No. CIV-579 (D. Ariz. September 28, 1962), or
that was partitioned to the Hopi Tribe in accordance with
section 4 of the Act of December 22, 1974 (Public Law 93-531;
88 Stat. 1713), and codified in the Navajo-Hopi Land Dispute
Settlement Act of 1996 (25 U.S.C. 640d note; Public Law 104-
301);
(ii) all land partitioned to the Hopi Tribe by Judgment of
Partition, dated February 10, 1977, in the case styled
Sekaquaptewa v. MacDonald, Case No. CIV-579-PCT-JAW (D.
Ariz.);
(iii) all land recognized as part of the Hopi Reservation
in the 1934 Act case; and
(iv) all individual allotments made to members of the Hopi
Tribe within the boundaries of the Hopi Reservation.
(B) Map.--
(i) In general.--The ``Hopi Reservation'' is also depicted
more particularly on the map attached to the settlement
agreement as exhibit 3.1.100.
(ii) Applicability.--In case of a conflict relating to the
``Hopi Reservation'' as depicted on the map under clause (i)
and the definition in subparagraph (A), the definition under
subparagraph (A) shall control.
(C) Exclusion.--The term ``Hopi Reservation'' does not
include any land held in trust by the United States for the
benefit of the Navajo Nation within the exterior boundaries
of the Hopi Reservation.
(37) Hopi tribe.--The term ``Hopi Tribe'' means the Hopi
Tribe, a Tribe of Hopi Indians organized under section 16 of
the Act of June 18, 1934 (25 U.S.C. 476) (commonly known as
the ``Indian Reorganization Act'').
(38) Hopi trust land.--The term ``Hopi trust land'' means
land that--
(A) is located in the State;
(B) is located outside the exterior boundaries of the Hopi
Reservation; and
(C) as of the LCR enforceability date, is held in trust by
the United States for the benefit of the Hopi Tribe.
(39) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
[[Page S623]]
(40) Injury to quality of lower colorado river water.--The
term ``injury to quality of Lower Colorado River water''
means--
(A) any diminution or degradation of the quality of Lower
Colorado River water due to a change in the salinity or
concentration of naturally occurring chemical constituents of
Lower Colorado River water; and
(B) any effect of a change described in subparagraph (A) if
the change and effect of the change are due to the
withdrawal, diversion, or use of Lower Colorado River water.
(41) Injury to rights to lower colorado river water.--The
term ``injury to rights to Lower Colorado River water'' means
any interference with, diminution of, or deprivation of the
right of any entity to Lower Colorado River water under
applicable law.
(42) Injury to water quality.--The term ``injury to water
quality'' means--
(A) any diminution or degradation of the quality of water
due to a change in the salinity or concentration of naturally
occurring chemical constituents of water; and
(B) any effect of a change described in subparagraph (A) if
the change and effect of the change are due to the
withdrawal, diversion, or use of water.
(43) Injury to water rights.--The term ``injury to water
rights'' means an interference with, diminution of, or
deprivation of, water rights under applicable law.
(44) LCR.--The term ``LCR'' means the Little Colorado
River, a tributary of the Colorado River in Arizona.
(45) LCR adjudication.--The term ``LCR adjudication'' means
the action pending in the Superior Court of the State of
Arizona in and for the County of Apache styled In Re the
General Adjudication of All Rights To Use Water In The Little
Colorado River System and Source, CIV No. 6417.
(46) LCR adjudication court.--The term ``LCR adjudication
court'' means the Superior Court of the State of Arizona in
and for the County of Apache, exercising jurisdiction over
the LCR adjudication.
(47) LCR decree.--The term ``LCR decree'' means the
judgment and decree entered by the LCR adjudication court,
which shall be in substantially the same form as the form of
judgment attached to the settlement agreement as exhibit
3.1.70.
(48) LCR enforceability date.--The term ``LCR
enforceability date'' means the date on which the Secretary
publishes in the Federal Register the statement of findings
described in section 108(a).
(49) LCR watershed.--The term ``LCR watershed'' means all
land located within the surface water drainage of the LCR and
the tributaries of the LCR in the State.
(50) Lee ferry.--The term ``Lee Ferry'' has the meaning
given the term in article II(e) of the Colorado River
Compact.
(51) Lower basin.--The term ``lower basin'' has the meaning
given the term in article II(g) of the Colorado River
Compact.
(52) Lower colorado river.--The term ``Lower Colorado
River'' means the portion of the Colorado River that is in
the United States and downstream from Lee Ferry, including
any reservoirs on that portion of the Colorado River.
(53) Lower colorado river basin development fund.--The term
``Lower Colorado River Basin Development Fund'' means the
fund established by section 403 of the Colorado River Basin
Project Act (43 U.S.C. 1543).
(54) Lower colorado river water.--
(A) In general.--The term ``Lower Colorado River water''
means the waters of the Lower Colorado River, including--
(i) the waters of the reservoirs on the Lower Colorado
River;
(ii) the waters of the tributaries to the Lower Colorado
River, other than--
(I) tributaries located within the State;
(II) tributaries located within the Western Navajo Colorado
River Basin; or
(III) tributaries of the LCR in the State of New Mexico;
(iii) all underground water that is hydraulically connected
to the Lower Colorado River; and
(iv) all underground water that is hydraulically connected
to tributaries to the Lower Colorado River, other than--
(I) tributaries located within the State;
(II) tributaries located within the Western Navajo Colorado
River Basin; or
(III) tributaries of the LCR in the State of New Mexico.
(B) Applicability.--The definition of the term ``Lower
Colorado River water'' in subparagraph (A) and any definition
of the term included in the settlement agreement--
(i) shall apply only to this Act and the settlement
agreement, as applicable; and
(ii) shall not be used in any interpretation of--
(I) the Colorado River Compact;
(II) the Boulder Canyon Project Act (43 U.S.C. 617 et
seq.);
(III) the Colorado River Basin Project Act (43 U.S.C. 1501
et seq.); or
(IV) any contract or agreement entered into pursuant to the
documents described in subclauses (I) through (III).
(55) Navajo fee land.--The term ``Navajo fee land'' means
land, other than Navajo trust land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of the
Navajo Reservation; and
(C) as of the LCR enforceability date, is owned by the
Navajo Nation, including through a related entity.
(56) Navajo-gallup water supply project.--The term
``Navajo-Gallup water supply project'' means the project
authorized, constructed, and operated pursuant to the
Northwestern New Mexico Rural Water Projects Act (Public Law
111-11; 123 Stat. 1368).
(57) Navajo generating station.--The term ``Navajo
generating station'' means the Navajo generating station, a
steam electric generating station located on the Navajo
Reservation near Page, Arizona, and consisting of Units 1, 2,
and 3, the switchyard facilities, and all facilities and
structures used or related to the Navajo generating station.
(58) Navajo groundwater projects.--The term ``Navajo
Groundwater Projects'' means the projects carried out in
accordance with section 103(a).
(59) Navajo groundwater projects account.--The term
``Navajo Groundwater Projects Account'' means the account
created in the Treasury of the United States pursuant to
section 104(a).
(60) Navajo land.--The term ``Navajo land'' means--
(A) the Navajo Reservation;
(B) Navajo trust land; and
(C) Navajo fee land.
(61) Navajo nation.--
(A) In general.--The term ``Navajo Nation'' means the
Navajo Nation, a body politic and federally recognized Indian
nation, as provided in the notice of the Department of the
Interior entitled ``Indian Entities Recognized and Eligible
To Receive Services From The United States Bureau of Indian
Affairs'' (75 Fed. Reg. 60810 (October 1, 2010)) published
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 479a-1)).
(B) Inclusions.--
(i) In general.--The term ``Navajo Nation'' includes--
(I) the Navajo Tribe;
(II) the Navajo Tribe of Arizona, New Mexico & Utah;
(III) the Navajo Tribe of Indians; and
(IV) other similar names.
(ii) Bands and chapters.--The term ``Navajo Nation''
includes all bands of Navajo Indians and chapters of the
Navajo Nation.
(62) Navajo nation cap water.--The term ``Navajo Nation CAP
water'' means the 6,411 afy of the CAP NIA priority water
retained by the Secretary pursuant to section
104(a)(1)(B)(ii) of the Arizona Water Settlements Act of 2004
(Public Law 108-451; 118 Stat. 3487) and reallocated to the
Navajo Nation pursuant to section 202(a) of this Act.
(63) Navajo nation water delivery contract.--The term
``Navajo Nation water delivery contract'' means the contract
entered into pursuant to the settlement agreement and section
202(c) of this Act for the delivery of Navajo Nation CAP
water.
(64) Navajo om&r trust account.--The term ``Navajo OM&R
Trust Account'' means the account created in the Treasury of
the United States pursuant to section 104(b).
(65) Navajo project lease.--The term ``Navajo Project
lease'' means the Indenture of Lease made and entered into on
September 29, 1969, between--
(A) the Navajo Nation, as lessor; and
(B) lessees--
(i) the Arizona Public Service Company (including any
successor or assignee);
(ii) the Department of Water and Power of the City of Los
Angeles (including any successor or assignee);
(iii) the Nevada Power Company (including any successor or
assignee);
(iv) the Salt River Project Agricultural Improvement and
Power District (including any successor or assignee); and
(v) the Tucson Gas & Electric Company (including any
successor or assignee).
(66) Navajo project lessees.--The term ``Navajo Project
lessees'' means the lessees described in paragraph (65)(B).
(67) Navajo reservation.--
(A) In general.--The term ``Navajo Reservation'' means land
that is within the exterior boundaries of the Navajo
Reservation in the State, as defined by the Act of June 14,
1934 (48 Stat. 960, chapter 521), including--
(i) all land--
(I) withdrawn by the Executive Order dated December 16,
1882, and partitioned to the Navajo Nation in accordance with
the Act of December 22, 1974 (Public Law 93-531; 88 Stat.
1713), and codified in the Navajo-Hopi Land Dispute
Settlement Act of 1996 (25 U.S.C. 640d note; Public Law 104-
301); and
(II) partitioned to the Navajo Nation by Judgment of
Partition, dated February 10, 1977, in the case styled
Sekaquaptewa v. MacDonald, Case No. CIV-579-PCT-JAW (D.
Ariz.); and
(ii) all land taken into trust as a part of the Navajo
Reservation pursuant to section 11 of the Act of December 22,
1974 (25 U.S.C. 640d-10) and codified in the Navajo-Hopi Land
Dispute Settlement Act of 1996 (25 U.S.C. 640d note; Public
Law 104-301).
(B) Map.--
(i) In general.--The ``Navajo Reservation'' is also
depicted more particularly on the map attached to the
settlement agreement as exhibit 3.1.100.
(ii) Applicability.--In case of a conflict relating to the
``Navajo Reservation'' as depicted on the map under clause
(i) and the definition in subparagraph (A), the map under
clause (i) shall control.
(C) Exclusion.--Except as provided in paragraph (36)(C),
the term ``Navajo Reservation'' does not include any land
within the boundaries of the Hopi Reservation.
(68) Navajo trust land.--The term ``Navajo trust land''
means land that--
(A) is located in the State;
(B) is located outside the exterior boundaries of the
Navajo Reservation; and
[[Page S624]]
(C) as of the LCR enforceability date, is held in trust by
the United States for the benefit of the Navajo Nation.
(69) Norviel decree.--The term ``Norviel Decree'' means the
final decree of the State of Arizona Superior Court in and
for the County of Apache in the case styled The St. John's
Irrigation Company and the Meadows Reservoir Irrigation
Company, et al. v. Round Valley Water Storage & Ditch
Company, Eagar Irrigation Company, Springerville Water Right
and Ditch Company, et al., Case No. 569 (Apr. 29, 1918),
including any modifications to the final decree.
(70) OM&R.--The term ``OM&R'' means operation, maintenance,
and replacement.
(71) Party.--The term ``party'' means a person who is a
signatory to the settlement agreement.
(72) Peabody.--The term ``Peabody'' means the Peabody
Western Coal Company, including any affiliate or successor of
the Peabody Western Coal Company.
(73) Person.--
(A) In general.--The term ``person'' means--
(i) an individual;
(ii) a public or private corporation;
(iii) a company;
(iv) a partnership;
(v) a joint venture;
(vi) a firm;
(vii) an association;
(viii) a society;
(ix) an estate or trust;
(x) a private organization or enterprise;
(xi) the United States;
(xii) an Indian tribe;
(xiii) a State, territory, or country;
(xiv) a governmental entity; and
(xv) a political subdivision or municipal corporation
organized under or subject to the constitution and laws of
the State.
(B) Inclusions.--The term ``person'' includes an officer,
director, agent, insurer, representative, employee, attorney,
assign, subsidiary, affiliate, enterprise, legal
representative, any predecessor and successor in interest and
any heir of a predecessor and successor in interest of a
person.
(74) Preconstruction activity.--
(A) In general.--The term ``preconstruction activity''
means the work associated with the preplanning, planning, and
design phases of construction, as those terms are defined in
paragraphs (1) through (3) of section 900.112(a) of title 25,
Code of Federal Regulations (or successor regulation).
(B) Inclusion.--The term ``preconstruction activity''
includes activities described in section 900.112(b) of title
25, Code of Federal Regulations (or successor regulation).
(75) Railroad granted land.--The term ``Railroad granted
land'' means the land granted (including Federal rights-of-
way and easements) to Navajo Project lessees in accordance
with sections 1.16 and 2 of the grant issued by the Secretary
and dated January 19, 1971.
(76) Rights to lower colorado river water.--The term
``rights to Lower Colorado River water'' means any and all
rights in or to Lower Colorado River water under applicable
law.
(77) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (or the designee of the Secretary).
(78) Settlement agreement.--
(A) In general.--The term ``settlement agreement'' means
the 2012 agreement, including exhibits, entitled the
``Navajo-Hopi Little Colorado River Water Rights Settlement
Agreement''.
(B) Inclusions.--The term ``settlement agreement''
includes--
(i) any amendments necessary to make the settlement
agreement consistent with this Act; and
(ii) any other amendments approved by the parties to the
settlement agreement and the Secretary.
(79) State.--The term ``State'' means the State of Arizona.
(80) State implementing law.--The term ``State implementing
law'' means a law enacted by the State that includes terms
that are substantially similar to the terms of the settlement
agreement and attached to the settlement agreement as exhibit
3.1.128.
(81) Surface water.--
(A) In general.--The term ``surface water'' means all water
in the State that is appropriable under State law.
(B) Exclusions.--The term ``surface water'' does not
include--
(i) appropriable water that is located within the upper
basin; or
(ii) Lower Colorado River water.
(82) Underground water.--
(A) In general.--The term ``underground water'' means all
water beneath the surface of the earth within the boundaries
of the State, regardless of the legal characterization of
that water as appropriable or nonappropriable under
applicable law.
(B) Exclusion.--The term ``underground water'' does not
include effluent.
(83) Upper basin.--The term ``upper basin'' has the meaning
given the term in article II(f) of the Colorado River
Compact.
(84) Upper basin compact.--The term ``Upper Basin Compact''
means the Upper Colorado River Basin Compact of 1948, as
ratified and reprinted in article 3 of chapter 7 of title 45,
Arizona Revised Statutes.
(85) Upper basin water.--The term ``upper basin water''
means the waters of the upper basin.
(86) Water.--The term ``water'', when used without a
modifying adjective, means--
(A) groundwater;
(B) surface water; and
(C) effluent.
(87) Water right.--The term ``water right'' means any right
in or to water under Federal, State, or law.
(88) Western navajo colorado river basin.--The term
``Western Navajo Colorado River Basin'' means the portions of
the Navajo Reservation that are located in the lower basin
and outside of the LCR watershed.
(89) Window rock.--The term ``Window Rock'' means the
geographical area in the State to be served by the Navajo-
Gallup water supply project, which shall include Window Rock,
Arizona.
TITLE I--NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT
AGREEMENT
SEC. 101. RATIFICATION AND EXECUTION OF THE NAVAJO-HOPI
LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT
AGREEMENT.
(a) In General.--Except to the extent that any provision of
the settlement agreement conflicts with this Act, the
settlement agreement is authorized, ratified, and confirmed.
(b) Amendments to Settlement Agreement.--If an amendment to
the settlement agreement is executed to make the settlement
agreement consistent with this Act, the amendment is
authorized, ratified, and confirmed.
(c) Execution of Settlement Agreement.--To the extent the
settlement agreement does not conflict with this Act, the
Secretary shall promptly execute--
(1) the settlement agreement, including all exhibits to the
settlement agreement requiring the signature of the
Secretary; and
(2) any amendments to the settlement agreement, including
any amendment to any exhibit to the settlement agreement
requiring the signature of the Secretary, necessary to make
the settlement agreement consistent with this Act.
(d) Discretion of the Secretary.--The Secretary may execute
any other amendment to the settlement agreement, including
any amendment to any exhibit to the settlement agreement
requiring the signature of the Secretary, that is not
inconsistent with this Act if the amendment does not require
congressional approval pursuant to the Trade and Intercourse
Act (25 U.S.C. 177) or other applicable Federal law
(including regulations).
SEC. 102. WATER RIGHTS.
(a) Water Rights To Be Held in Trust.--
(1) Navajo nation water rights.--All water rights of the
Navajo Nation for the Navajo Reservation and land held in
trust by the United States for the Navajo Nation and
allottees of the Navajo Nation and all Navajo Nation CAP
water shall be held in trust by the United States for the
benefit of the Navajo Nation and allottees of the Navajo
Nation, respectively.
(2) Hopi tribe water rights.--All water rights of the Hopi
Tribe for the Hopi Reservation and land held in trust by the
United States for the Hopi Tribe and allottees of the Hopi
Tribe shall be held in trust by the United States for the
benefit of the Hopi Tribe and allottees of the Hopi Tribe,
respectively.
(b) Forfeiture and Abandonment.--Any water right held in
trust by the United States under subsection (a) shall not be
subject to loss by nonuse, forfeiture, abandonment, or any
other provision of law.
(c) Use of Water Diverted From LCR Watershed.--
(1) In general.--Notwithstanding any other provision of
law, the Navajo Nation may--
(A) divert surface water or groundwater described in
paragraph 4.0 of the settlement agreement; and
(B) subject to the condition that the water remain on the
Navajo Reservation, move any water diverted under
subparagraph (A) out of the LCR watershed for use by the
Navajo Nation.
(2) Effect of diversion.--Any water diverted and moved out
of the LCR watershed pursuant to paragraph (1)--
(A) shall be considered to be a part of the LCR; and
(B) shall not be considered to be part of, or charged
against, the consumptive use apportionment made--
(i) to the State by article III(a)(1) of the Upper Basin
Compact; or
(ii) to the upper basin by article III(a) of the Colorado
River Compact.
(d) Water Rights of Allottees.--
(1) Navajo reservation allotments.--
(A) In general.--The right of an allottee (and of the
United States acting as trustee for an allottee), to use
water on an allotment located on the Navajo Reservation shall
be--
(i) satisfied solely from the water secured to the Navajo
Nation (and to the United States acting as trustee for the
Navajo Nation) by the LCR decree; and
(ii) subject to the terms of the LCR decree.
(B) Administration.--A right under subparagraph (A) shall
be enforceable only pursuant to the Navajo Nation water code,
which shall provide allottees a process to enforce such
rights against the Navajo Nation.
(2) Hopi reservation allotments.--
(A) In general.--The right of an allottee (and of the
United States acting as trustee for an allottee), to use
water on an allotment located on the Hopi Reservation shall
be--
(i) satisfied solely from the water secured to the Hopi
Tribe (and to the United States
[[Page S625]]
acting as trustee for the Hopi Tribe) by the LCR decree; and
(ii) subject to the terms of the LCR decree.
(B) Administration.--A right under subparagraph (A) shall
be enforceable only pursuant to the Hopi Tribe water code,
which shall provide allottees a process to enforce such
rights against the Hopi Tribe.
(3) Off-reservation allotments.--The right of an allottee
(and of the United States acting as trustee for an allottee),
to use water on an allotment located off the Navajo and Hopi
Reservations shall be as described in the abstracts attached
to the settlement agreement as exhibit 4.7.3.
SEC. 103. AUTHORIZATION FOR CONSTRUCTION OF MUNICIPAL,
DOMESTIC, COMMERCIAL, AND INDUSTRIAL WATER
PROJECTS.
(a) Navajo Groundwater Projects.--
(1) In general.--Subject to the availability of
appropriations, the Secretary, acting through the
Commissioner, shall plan, design, and construct the water
diversion and delivery features of the Navajo Groundwater
Projects.
(2) Lead agency.--The Bureau of Reclamation shall serve as
the lead agency for any activity relating to the planning,
design, and construction of the water diversion and delivery
features of the Navajo Groundwater Projects.
(3) Scope.--
(A) In general.--Subject to subparagraph (B), the scope of
the planning, design, and construction activities for the
Navajo Groundwater Projects shall be as generally described
in the documents prepared by Brown & Caldwell entitled--
(i) ``Final Summary Report Leupp, Birdsprings, and Tolani
Lake Water Distribution System Analysis (May 2008)'';
(ii) ``Final Summary Report Dilkon and Teestoh Water
Distribution System Analysis (May 2008)'';
(iii) ``Raw Water Transmission Pipeline Alignment
Alternative Evaluation Final Report (May 2008)''; and
(iv) ``Ganado C-Aquifer Project Report (October 2008)''.
(B) Review.--
(i) In general.--Before beginning construction activities
for the Navajo Groundwater Projects, the Secretary shall--
(I) review the proposed designs of the Navajo Groundwater
Projects; and
(II) carry out value engineering analyses of the proposed
designs.
(ii) Negotiations with the navajo nation.--As necessary,
the Secretary shall periodically negotiate and reach
agreement with the Navajo Nation regarding any change to the
proposed designs of the Navajo Groundwater Projects if, on
the basis of the review under clause (i), the Secretary
determines that a change is necessary--
(I) to meet applicable industry standards;
(II) to ensure the Navajo Groundwater Projects will be
constructed for not more than the amount set forth in
paragraph (4); and
(III) to improve the cost-effectiveness of the delivery of
water.
(4) Funding.--
(A) In general.--The total amount of obligations incurred
by the Secretary in carrying out this subsection shall not
exceed $199,000,000, except that the total amount of
obligations shall be increased or decreased, as appropriate,
based on ordinary fluctuations from May 1, 2011, in
construction cost indices applicable to the types of
construction involved in the planning, design, and
construction of the Navajo Groundwater Projects.
(B) No reimbursement.--The Secretary shall not be
reimbursed by any entity, including the Navajo Nation, for
any amounts expended by the Secretary in carrying out this
subsection.
(C) Project efficiencies.--If the total cost of planning,
design, and construction activities of the Navajo Groundwater
Projects results in cost savings and is less than the amounts
authorized to be obligated under this paragraph, the
Secretary, at the request of the Navajo Nation, may--
(i) use those cost savings to carry out capital improvement
projects associated with the Navajo Groundwater Projects; or
(ii) transfer those cost savings to the Navajo OM&R Trust
Account.
(5) Applicability of the isdeaa.--
(A) In general.--At the request of the Navajo Nation and in
accordance with the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.), the Secretary shall
enter into 1 or more agreements with the Navajo Nation to
carry out this subsection.
(B) Administration.--The Commissioner and the Navajo Nation
shall negotiate the cost of any oversight activity carried
out by the Bureau of Reclamation for an agreement entered
into under subparagraph (A), subject to the condition that
the total cost for the oversight shall not exceed 4.0 percent
of the total costs of the Navajo Groundwater Projects.
(6) Title to navajo groundwater projects.--
(A) In general.--The Secretary shall convey to the Navajo
Nation title to each of the Navajo Groundwater Projects on
the date on which the Secretary issues a notice of
substantial completion that--
(i) the infrastructure constructed is capable of storing,
diverting, treating, transmitting, and distributing a supply
of water as generally set forth in the final project design
described in paragraph (3); and
(ii) the Secretary has consulted with the Navajo Nation
regarding the proposed finding that the respective Navajo
Groundwater Project is substantially complete.
(B) Limitation on liability.--Effective beginning on the
date on which the Secretary transfers to the Navajo Nation
title to the Leupp-Dilkon Groundwater Project or the Ganado
Groundwater Project under subparagraph (A), the United States
shall not be held liable by any court for damages arising out
of any act, omission, or occurrence relating to the
facilities transferred, other than damages caused by an
intentional act or an act of negligence committed by the
United States, or by employees or agents of the United
States, prior to the date on which the Secretary transfers
title to the Leupp-Dilkon Groundwater Project or the Ganado
Groundwater Project to the Navajo Nation.
(C) OM&R obligation of the united states after
conveyance.--The United States shall have no obligation to
pay for the OM&R costs of the Navajo Groundwater Projects
beginning on the date on which--
(i) title to the Navajo Groundwater Projects is transferred
to the Navajo Nation; and
(ii) the amounts required to be deposited in the Navajo
OM&R Trust Account pursuant to section 104(b) have been
deposited in that account.
(7) Technical assistance.--Subject to the availability of
appropriations, the Secretary shall provide technical
assistance, including operation and management training, to
the Navajo Nation to prepare the Navajo Nation for the
operation of the Navajo Groundwater Projects.
(8) Project management committee.--The Secretary shall
facilitate the formation of a project management committee
composed of representatives from the Bureau of Reclamation,
the Bureau of Indian Affairs, and the Navajo Nation--
(A) to review cost factors and budgets for construction,
operation, and maintenance activities for the Navajo
Groundwater Projects;
(B) to improve management of inherently governmental
functions through enhanced communication; and
(C) to seek additional ways to reduce overall costs for the
Navajo Groundwater Projects.
(9) Authorization to construct.--
(A) In general.--The Secretary is authorized to construct
the Navajo Groundwater Projects beginning on the day after
the date on which the Secretary publishes in the Federal
Register the statement of findings under section 108(a).
(B) Preconstruction activities.--Notwithstanding
subparagraph (A), the Secretary is authorized to use amounts
appropriated to the Navajo Groundwater Projects Account
pursuant to section 104(a) to carry out prior to the LCR
enforceability date preconstruction activities for the Navajo
Groundwater Projects.
(b) Hopi Groundwater Project.--
(1) In general.--Subject to the availability of
appropriations, the Secretary, acting through the
Commissioner, shall plan, design, and construct the water
diversion and delivery features of the Hopi Groundwater
Project.
(2) Lead agency.--The Bureau of Reclamation shall serve as
the lead agency for any activity relating to the planning,
design, and construction of the water diversion and delivery
features of the Hopi Groundwater Project.
(3) Scope.--
(A) In general.--Subject to subparagraph (B), the scope of
the planning, design, and construction activities for the
Hopi Groundwater Project shall be as generally described in
the document entitled ``Hopi Tribe 2012 Little Colorado River
Adjudication Settlement Domestic, Commercial, Municipal and
Industrial Water System Memorandum (February 2012)'' by Dowl
HKM.
(B) Review.--
(i) In general.--Before beginning construction activities,
the Secretary shall--
(I) review the proposed design of the Hopi Groundwater
Project; and
(II) carry out value engineering analyses of the proposed
design.
(ii) Negotiations with the hopi tribe.--As necessary, the
Secretary shall periodically negotiate and reach agreement
with the Hopi Tribe regarding any change to the proposed
design of the Hopi Groundwater Project if, on the basis of
the review under clause (i), the Secretary determines that a
change is necessary--
(I) to meet applicable industry standards;
(II) to ensure that the Hopi Groundwater Project will be
constructed for not more than the amount set forth in
paragraph (4); and
(III) to improve the cost-effectiveness of the delivery of
water.
(4) Funding.--
(A) In general.--The total amount of obligations incurred
by the Secretary in carrying out this subsection shall not
exceed $113,000,000, except that the total amount of
obligations shall be increased or decreased, as appropriate,
based on ordinary fluctuations from May 1, 2011, in
construction cost indices applicable to the types of
construction involved in the planning, design, and
construction of the Hopi Groundwater Project.
(B) No reimbursement.--The Secretary shall not be
reimbursed by any entity, including the Hopi Tribe, for any
amounts expended by the Secretary in carrying out this
subsection.
[[Page S626]]
(C) Project efficiencies.--If the total cost of planning,
design, and construction activities of the Hopi Groundwater
Project results in cost savings and is less than the amounts
authorized to be obligated under this paragraph, the
Secretary, at the request of the Hopi Tribe, may--
(i) use those cost savings to carry out capital improvement
projects associated with the Hopi Groundwater Project; or
(ii) transfer those cost savings to the Hopi OM&R Trust
Account.
(5) Applicability of the isdeaa.--
(A) In general.--At the request of the Hopi Tribe and in
accordance with the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.), the Secretary shall
enter into 1 or more agreements with the Hopi Tribe to carry
out this subsection.
(B) Administration.--The Commissioner and the Hopi Tribe
shall negotiate the cost of any oversight activity carried
out by the Bureau of Reclamation for an agreement entered
into under subparagraph (A), subject to the condition that
the total cost for the oversight shall not exceed 4.0 percent
of the total costs of the Hopi Groundwater Project.
(6) Title to hopi groundwater project.--
(A) In general.--The Secretary shall convey to the Hopi
Tribe title to the Hopi Groundwater Project on the date on
which the Secretary issues a notice of substantial completion
that--
(i) the infrastructure constructed is capable of storing,
diverting, treating, transmitting, and distributing a supply
of water as generally set forth in the final project design
described in paragraph (3); and
(ii) the Secretary has consulted with the Hopi Tribe
regarding the proposed finding that the Hopi Groundwater
Project is substantially complete.
(B) Limitation on liability.--Effective beginning on the
date on which the Secretary transfers to the Hopi Tribe title
to the Hopi Groundwater Project under subparagraph (A), the
United States shall not be held liable by any court for
damages arising out of any act, omission, or occurrence
relating to the facilities transferred, other than damages
caused by an intentional act or an act of negligence
committed by the United States, or by employees or agents of
the United States, prior to the date on which the Secretary
transfers title to the Hopi Groundwater Project to the Hopi
Tribe.
(C) OM&R obligation of the united states after
conveyance.--The United States shall have no obligation to
pay for the OM&R costs of the Hopi Groundwater Project
beginning on the date on which--
(i) title to the Hopi Groundwater Project is transferred to
the Hopi Tribe; and
(ii) the amounts required to be deposited in the Hopi OM&R
Trust Account pursuant to section 104(d) have been deposited
in that account.
(7) Technical assistance.--Subject to the availability of
appropriations, the Secretary shall provide technical
assistance, including operation and management training, to
the Hopi Tribe to prepare the Hopi Tribe for the operation of
the Hopi Groundwater Project.
(8) Project management committee.--The Secretary shall
facilitate the formation of a project management committee
composed of representatives from the Bureau of Reclamation,
the Bureau of Indian Affairs, and the Hopi Tribe--
(A) to review cost factors and budgets for construction,
operation, and maintenance activities for the Hopi
Groundwater Project;
(B) to improve management of inherently governmental
activities through enhanced communication; and
(C) to seek additional ways to reduce overall costs for the
Hopi Groundwater Project.
(9) Authorization to construct.--
(A) In general.--The Secretary is authorized to construct
the Hopi Groundwater Project beginning on the day after the
date on which the Secretary publishes in the Federal Register
the statement of findings under section 108(a).
(B) Preconstruction activities.--Notwithstanding
subparagraph (A), the Secretary is authorized to use amounts
appropriated to the Hopi Groundwater Project Account pursuant
to section 104(c) to carry out prior to the LCR
enforceability date preconstruction activities for the Hopi
Groundwater Project.
(c) N-Aquifer Management Plan.--
(1) In general.--Prior to the LCR enforceability date, the
Secretary, acting through the Director of the United States
Geological Survey and in consultation with the Navajo Nation
and the Hopi Tribe, is authorized to use amounts appropriated
to the N-Aquifer Account pursuant to section 104(e) to
conduct modeling and monitoring activities of the N-Aquifer
as provided for in paragraph 6.2 of the settlement agreement.
(2) Continuing assistance.--After the LCR enforceability
date, the Secretary, in consultation with the Navajo Nation
and the Hopi Tribe, is authorized to use amounts appropriated
to the N-Aquifer Account pursuant to section 104(e) to assist
the Navajo Nation and the Hopi Tribe in implementing the N-
Aquifer Management Plan and the Pasture Canyon Springs
Protection Program Account pursuant to section 104(f) to
assist the Navajo Nation and the Hopi Tribe in implementing
the Pasture Canyon Springs Protection Program, both as
described in paragraph 6.2 of the settlement agreement.
(3) Limited liability.--The Secretary shall have no
liability with respect to the management of the N-Aquifer,
subject to the condition that the Secretary complies with the
responsibilities of the Secretary, as set forth in the N-
Aquifer Management Plan.
SEC. 104. FUNDING.
(a) Navajo Groundwater Projects Account.--
(1) Establishment.--There is established in the Treasury of
the United States an account, to be known as the ``Navajo
Groundwater Projects Account'', to be administered by the
Secretary, consisting of the amounts deposited in the account
under paragraph (2), together with any interest accrued by
those amounts, for use by the Navajo Nation in constructing
the Navajo Groundwater Projects.
(2) Transfers to account.--
(A) In general.--Subject to subparagraph (C), there are
authorized to be appropriated to the Secretary for deposit in
the Navajo Groundwater Projects Account--
(i) $199,000,000, to remain available until expended; less
(ii) the amounts deposited in the account under
subparagraph (B).
(B) Transfers from other sources.--
(i) Lower colorado river basin development fund.--
(I) In general.--The Secretary of the Treasury shall
transfer, without further appropriation, $25,000,000 to the
Navajo Groundwater Projects Account from the Future Indian
Water Settlement Subaccount of the Lower Colorado River Basin
Development Fund established pursuant to section
403(f)(2)(D)(vi) of the Colorado River Basin Project Act (43
U.S.C. 1543(f)(2)(D)(vi)).
(II) Availability.--The amounts transferred under subclause
(I) shall not be available to the Secretary for expenditure
until the date on which the Secretary publishes in the
Federal Register the statement of findings under section
108(a).
(ii) Reclamation water settlements fund.--
(I) In general.--If amounts remain available for
expenditure in the Reclamation Water Settlements Fund
established by section 10501 of the Omnibus Public Land
Management Act of 2009 (43 U.S.C. 407), the Secretary of the
Treasury shall transfer to the Navajo Groundwater Projects
Account, without further appropriation, not more than
$50,000,000.
(II) Availability.--The amounts transferred under subclause
(I) shall not be available to the Secretary for expenditure
until the date on which the Secretary publishes in the
Federal Register the statement of findings under section
108(a).
(iii) State contribution.--Pursuant to subparagraph 13.22
of the settlement agreement, the State shall transfer to the
Navajo Groundwater Projects Account $1,000,000.
(C) Fluctuation in development costs.--The amount
authorized to be appropriated under subparagraph (A)(i) and
deposited in the Navajo Groundwater Projects Account shall be
increased or decreased, as appropriate, by such amounts as
may be justified by reason of ordinary fluctuations in
development costs occurring after May 1, 2011, as indicated
by engineering cost indices applicable to the type of
construction involved, until the Secretary declares that the
Navajo Groundwater Projects are substantially complete.
(3) Management of account.--
(A) In general.--The Secretary shall manage the Navajo
Groundwater Projects Account in a manner that is consistent
with--
(i) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(ii) this subsection.
(B) Investments.--The Secretary shall invest amounts in the
Navajo Groundwater Projects Account in accordance with--
(i) the Act of April 1, 1880 (25 U.S.C. 161);
(ii) the first section of the Act of June 24, 1938 (25
U.S.C. 162a); and
(iii) obligations of Federal corporations and Federal
Government-sponsored entities, the charter documents of which
provide that the obligations of the entities are lawful
investments for federally managed funds, including--
(I) obligations of the United States Postal Service
described in section 2005 of title 39, United States Code;
(II) bonds and other obligations of the Tennessee Valley
Authority described in section 15d of the Tennessee Valley
Authority Act of 1933 (16 U.S.C. 831n-4);
(III) mortgages, obligations, or other securities of the
Federal Home Loan Mortgage Corporation described in section
303 of the Federal Home Loan Mortgage Corporation Act (12
U.S.C. 1452); and
(IV) bonds, notes, or debentures of the Commodity Credit
Corporation described in section 4 of the Act of March 8,
1938 (15 U.S.C. 713a-4).
(C) Credits to account.--The interest on, and the proceeds
from, the sale or redemption of, any obligations held in the
Navajo Groundwater Projects Account shall be credited to, and
form a part of, the account.
(4) Availability of amounts and investment earnings.--
(A) In general.--Except as provided in section 103(a)(9),
amounts appropriated to and deposited in the Navajo
Groundwater Projects Account shall not be available to the
Secretary for expenditure until the date on which the
Secretary publishes in the Federal Register the statement of
findings under section 108(a).
(B) Investment earnings.--Investment earnings on amounts
deposited in the Navajo Groundwater Projects Account under
paragraph (3) shall not be available to the Secretary for
expenditure until the date on
[[Page S627]]
which the Secretary publishes in the Federal Register the
statement of findings under section 108(a).
(b) Navajo OM&R Trust Account.--
(1) Establishment.--There is established in the Treasury of
the United States a trust account, to be known as the
``Navajo OM&R Trust Account'', to be administered by the
Secretary and to be available until expended, consisting of
the amounts deposited in the account under paragraph (2),
together with any interest accrued by those amounts, for the
OM&R of the Navajo Groundwater Projects.
(2) Authorization of appropriations.--
(A) In general.--Subject to subparagraph (B) and in
addition to any amounts transferred to the Navajo OM&R Trust
Account pursuant to section 103(a)(4), there is authorized to
be appropriated, deposited, and retained in the Navajo OM&R
Trust Account, $23,000,000.
(B) Fluctuation in costs.--The amount authorized to be
appropriated under subparagraph (A) shall be increased or
decreased, as appropriate, by such amounts as may be
justified by reason of ordinary fluctuations in costs
occurring after May 1, 2011, as indicated by applicable
engineering cost indices.
(3) Management of account.--
(A) In general.--The Secretary shall manage the Navajo OM&R
Trust Account in a manner that is consistent with--
(i) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(ii) this subsection.
(B) Investments.--The Secretary shall invest amounts in the
Navajo OM&R Trust Account in accordance with subsection
(a)(3)(B).
(4) Availability of amounts.--Amounts appropriated to and
deposited in the Navajo OM&R Trust Account, including any
investment earnings, shall be made available to the Navajo
Nation by the Secretary beginning on the date on which title
to the Navajo Groundwater Projects is transferred to the
Navajo Nation.
(c) Hopi Groundwater Project Account.--
(1) Establishment.--There is established in the Treasury of
the United States an account, to be known as the ``Hopi
Groundwater Project Account'', to be administered by the
Secretary, and consisting of the amounts deposited in the
account under paragraph (2), together with any interest
accrued by those amounts, for use in constructing the Hopi
Groundwater Project.
(2) Transfers to account.--
(A) In general.--Subject to subparagraphs (C), there is
authorized to be appropriated to the Secretary for deposit in
the Hopi Groundwater Project Account--
(i) $113,000,000, to remain available until expended; less
(ii) the amounts deposited in the account under
subparagraph (B).
(B) Transfers from other sources.--
(i) Lower colorado river basin development fund.--
(I) In general.--The Secretary of the Treasury shall
transfer, without further appropriation, $25,000,000 to the
Hopi Groundwater Project Account from the Future Indian Water
Settlement Subaccount of the Lower Colorado River Basin
Development Fund established pursuant to section
403(f)(2)(D)(vi) of the Colorado River Basin Project Act (43
U.S.C. 1543(f)(2)(D)(vi)).
(II) Availability.--The amounts transferred under subclause
(I) shall not be available to the Secretary for expenditure
until the date on which the Secretary publishes in the
Federal Register the statement of findings under section
108(a).
(ii) State contribution.--Pursuant to subparagraph 13.22 of
the settlement agreement, the State shall transfer to the
Hopi Groundwater Project Account $1,000,000.
(C) Fluctuation in development costs.--The amount
authorized to be appropriated under subparagraph (A)(i) shall
be increased or decreased, as appropriate, by such amounts as
may be justified by reason of ordinary fluctuations in
development costs occurring after May 1, 2011, as indicated
by engineering cost indices applicable to the type of
construction involved, until the Secretary declares that the
Hopi Groundwater Project is substantially complete.
(3) Management of account.--
(A) In general.--The Secretary shall manage the Hopi
Groundwater Project Account in a manner that is consistent
with--
(i) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(ii) this subsection.
(B) Investments.--The Secretary shall invest amounts in the
Hopi Groundwater Project Account in accordance with
subsection (a)(3)(B).
(C) Credits to account.--The interest on, and the proceeds
from, the sale or redemption of, any obligations held in the
Hopi Groundwater Project Account shall be credited to, and
form a part of, the account.
(4) Availability of amounts and investment earnings.--
(A) In general.--Except as provided in section 103(b)(9),
amounts appropriated to and deposited in the Hopi Groundwater
Project Account shall not be available to the Secretary for
expenditure until the date on which the Secretary publishes
findings under section 108(a).
(B) Investment earnings.--Investment earnings on amounts
deposited in the Hopi Groundwater Project Account under
paragraph (3) shall not be available to the Secretary for
expenditure until after the date on which the Secretary
publishes in the Federal Register the statement of findings
under section 108(a).
(d) Hopi OM&R Trust Account.--
(1) Establishment.--There is established in the Treasury of
the United States a trust account, to be known as the ``Hopi
OM&R Trust Account'', to be administered by the Secretary and
to be available until expended, consisting of the amounts
deposited in the account under paragraph (2), together with
any interest accrued by those amounts, for the OM&R of the
Hopi Groundwater Project.
(2) Authorization of appropriations.--
(A) In general.--Subject to subparagraph (B) and in
addition to any amounts transferred to the Hopi OM&R Trust
Account pursuant to section 103(b)(4), there is authorized to
be appropriated, deposited, and retained in the Hopi OM&R
Trust Account, $5,000,000.
(B) Fluctuation in costs.--The amount authorized to be
appropriated under subparagraph (A) shall be increased or
decreased, as appropriate, by such amounts as may be
justified by reason of ordinary fluctuations in costs
occurring after May 1, 2011, as indicated by applicable
engineering cost indices.
(3) Management of account.--
(A) In general.--The Secretary shall manage the Hopi OM&R
Trust Account in a manner that is consistent with--
(i) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(ii) this subsection.
(B) Investments.--The Secretary shall invest amounts in the
Hopi OM&R Trust Account in accordance with subsection
(a)(3)(B).
(4) Availability of amounts.--Amounts appropriated to and
deposited in the Hopi OM&R Trust Account, including any
investment earnings, shall be made available to the Hopi
Tribe by the Secretary beginning on the date on which title
to the Hopi Groundwater Project is transferred to the Hopi
Tribe.
(e) N-Aquifer Account.--
(1) Establishment.--There is established in the Treasury of
the United States an account, to be known as the ``N-Aquifer
Account'', to be administered by the Secretary and to be
available until expended, consisting of the amounts deposited
in the account under paragraph (2) to carry out activities
relating to the N-Aquifer in accordance with section 103(c)
and subparagraph 6.2 of the settlement agreement.
(2) Authorization of appropriations for n-aquifer
management plan.--
(A) In general.--In addition to any amounts transferred to
the Aquifer account pursuant to subsection (g), there is
authorized to be appropriated, deposited, and retained to
carry out section 103(c) and subparagraph 6.2 of the
settlement agreement $5,000,000.
(B) Fluctuations in costs.--The amount authorized to be
appropriated under subparagraph (A) shall be increased or
decreased, as appropriate, by such amounts as may be
justified by reason of ordinary fluctuations in costs
occurring after May 1, 2011, as indicated by applicable
engineering cost indices.
(3) Availability.--Amounts appropriated to and deposited in
the N-Aquifer Account shall be made available by the
Secretary prior to the LCR enforceability date to carry out
the activities relating to the N-Aquifer management plan in
accordance with section 103(c)(1) and subparagraph 6.2 of the
settlement agreement.
(f) Pasture Canyon Springs Protection Program Account.--
(1) Establishment.--There is established in the Treasury of
the United States a trust account, to be known as the
``Pasture Canyon Springs Protection Program Account'', to be
administered by the Secretary and to be available until
expended, consisting of the amounts deposited in the account
under paragraph (2), together with any interest accrued by
those amounts, to carry out activities relating to the
Pasture Canyon Springs Protection Program in accordance with
section 103(c) and subparagraph 6.2 of the settlement
agreement.
(2) Authorization of appropriation for pasture canyon
springs protection program.--
(A) In general.--There is authorized to be appropriated to
carry out activities relating to the Pasture Canyon Springs
Protection Program in accordance with section 103(c)(2) and
to implement the Pasture Canyon Springs Protection Program
provisions of subparagraph 6.2 of the settlement agreement
$10,400,000.
(B) Fluctuations in costs.--The amount authorized to be
appropriated under subparagraph (A) shall be increased or
decreased, as appropriate, by such amounts as may be
justified by reason of ordinary fluctuations in costs
occurring after May 1, 2011, as indicated by applicable
engineering cost indices.
(3) Management of account.--
(A) In general.--The Secretary shall manage the Pasture
Canyon Springs Protection Program Account in a manner that is
consistent with--
(i) the American Indian Trust Fund Management Reform Act of
1994 (25 U.S.C. 4001 et seq.); and
(ii) this subsection.
(B) Investments.--The Secretary shall invest amounts in the
Pasture Canyon Springs Protection Program Account in
accordance with subsection (a)(3)(B).
(4) Availability.--Amounts made available under this
subsection shall not be available to the Secretary for
expenditure until the date on which the Secretary publishes
in
[[Page S628]]
the Federal Register the statement of findings under section
108(a).
(g) Transfer of Funds.--
(1) Navajo nation.--The Secretary may, upon request of the
Navajo Nation, transfer amounts from an account established
by subsections (a) and (b) to any other account established
by this section.
(2) Hopi tribe.--The Secretary may, upon request of the
Hopi Tribe, transfer amounts from an account established by
subsections (c), (d), and (f) to any other account
established by this section.
(3) Availability.--
(A) In general.--The Secretary shall not transfer amounts
under this subsection until the day after the date on which
the Secretary publishes in the Federal Register the statement
of findings under section 108(a).
(B) Available until expended.--Any amounts transferred
under this subsection shall remain available until expended.
(h) Offset.--To the extent necessary, the Secretary shall
offset any direct spending authorized and any interest earned
on amounts expended pursuant to this section using such
additional amounts as may be made available to the Secretary
for the applicable fiscal year.
SEC. 105. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.
(a) Navajo Nation Waivers, Releases, and Retentions of
Claims.--
(1) Claims against the state and others.--
(A) In general.--Except as provided in subparagraph (C),
the Navajo Nation, on behalf of itself and the members of the
Navajo Nation (but not members in their capacity as
allottees), and the United States, acting as trustee for the
Navajo Nation and the members of the Navajo Nation (but not
members in their capacity as allottees), as part of the
performance of the respective obligations of the Navajo
Nation and the United States under the settlement agreement,
are authorized to execute a waiver and release of any claims
against the State (or any agency or political subdivision of
the State), the Hopi Tribe, or any other person, entity,
corporation or municipal corporation under Federal, State or
other law for all--
(i) past, present, and future claims for water rights for
Navajo land and land of the Navajo Nation outside of the
State, whether held in fee or held in trust by the United
States on behalf of the Navajo Nation, arising from time
immemorial and, thereafter, forever;
(ii) past, present, and future claims for water rights
arising from time immemorial and, thereafter, forever, that
are based on aboriginal occupancy of land both within and
outside of the State by the Navajo Nation, the members of the
Navajo Nation, or their predecessors;
(iii) past and present claims for injury to water rights
and injury to water quality for Navajo land and land of the
Navajo Nation outside of the State, whether held in fee or
held in trust by the United States on behalf of the Navajo
Nation, arising from time immemorial through the LCR
enforceability date;
(iv) past, present, and future claims for injury to water
rights and injury to water quality arising from time
immemorial and, thereafter, forever, that are based on
aboriginal occupancy of land both within and outside of the
State by the Navajo Nation, the members of the Navajo Nation,
or their predecessors;
(v) claims for injury to water rights and injury to water
quality arising after the LCR enforceability date for Navajo
land and land of the Navajo Nation outside of the State,
whether held in fee or held in trust by the United States on
behalf of the Navajo Nation, resulting from the diversion or
use of water in a manner not in violation of the settlement
agreement; and
(vi) past, present, and future claims arising out of, or
relating in any manner to, the negotiation, execution, or
adoption of the settlement agreement, an applicable
settlement judgment or decree, or this Act.
(B) Effective date.--The waiver and release of claims under
subparagraph (A) shall be effective on the LCR enforceability
date.
(C) Retention of claims.--The Navajo Nation, on behalf of
itself and the members of the Navajo Nation (but not members
in their capacity as allottees), and the United States,
acting as trustee for the Navajo Nation and the members of
the Navajo Nation (but not members in their capacity as
allottees), shall retain all rights not expressly waived
under subparagraph (A), including any right--
(i) subject to subparagraph 13.14 of the settlement
agreement--
(I) to assert claims of rights to upper basin water for
Navajo land; and
(II) to assert claims of rights to upper basin water that
are based on aboriginal occupancy of land within the upper
basin by the Navajo Nation, the members of the Navajo Nation,
or their predecessors;
(ii) subject to subparagraphs 6.3 and 13.8 of the
settlement agreement, to assert claims for injuries to, and
seek enforcement of, the rights of the Navajo Nation under
the settlement agreement or this Act, in any Federal or State
court of competent jurisdiction;
(iii) to assert claims for injuries to, and seek
enforcement of, the rights of the Navajo Nation under the LCR
decree;
(iv) to assert claims for injuries to, and seek enforcement
of, the rights of the Navajo Nation under the Gila River
Adjudication decree;
(v) to participate in the LCR adjudication to the extent
provided in the settlement agreement;
(vi) to participate in the Gila River adjudication to the
extent provided in subparagraphs 4.12, 4.13 and 4.14 of the
settlement agreement;
(vii) except as provided in the settlement agreement, to
object to any claims for water rights, injury to water
rights, or injury to water quality by or for any Indian tribe
or the United States on behalf of the Indian tribe;
(viii) except as provided in the settlement agreement, to
assert past, present, or future claims for injury to water
rights, injury to water quality, or any other claims other
than a claim for water rights, against any Indian tribe or
the United States on behalf of the Indian tribe;
(ix) to assert past, present, or future claims for rights
to Lower Colorado River water, injury to rights to Lower
Colorado River water, or injury to quality of Lower Colorado
River water for Navajo land; and
(x) to assert past, present, or future claims for rights to
Lower Colorado River water, injury to rights to Lower
Colorado River water, or injury to quality of Lower Colorado
River water that are based on aboriginal occupancy of land by
the Navajo Nation, the members of the Navajo Nation, or their
predecessors.
(2) Claims against the united states.--
(A) In general.--Except as provided in subparagraph (C),
the Navajo Nation, on behalf of itself and the members of the
Navajo Nation (but not members in their capacity as
allottees), as part of the performance of the obligations of
the Navajo Nation under the settlement agreement, is
authorized to execute a waiver and release of any claims
against the United States (or agencies, officials, or
employees of the United States) under Federal, State, or
other law for all--
(i) past, present, and future claims for water rights for
Navajo land and land of the Navajo Nation outside of the
State, whether held in fee or held in trust by the United
States on behalf of the Navajo Nation, arising from time
immemorial and, thereafter, forever;
(ii) past, present, and future claims for water rights
arising from time immemorial and, thereafter, forever, that
are based on aboriginal occupancy of land both within and
outside of the State by the Navajo Nation, the members of the
Navajo Nation, or their predecessors;
(iii) past and present claims for injury to water rights
and injury to water quality for Navajo land and land of the
Navajo Nation outside of the State, whether held in fee or
held in trust by the United States on behalf of the Navajo
Nation, arising from time immemorial through the LCR
enforceability date;
(iv) past, present, and future claims for injury to water
rights and injury to water quality arising from time
immemorial and, thereafter, forever, that are based on
aboriginal occupancy of land both within and outside of the
State by the Navajo Nation, the members of the Navajo Nation,
or their predecessors;
(v) claims for injury to water rights and injury to water
quality arising after the LCR enforceability date for Navajo
land and land of the Navajo Nation outside of the State,
whether held in fee or held in trust by the United States on
behalf of the Navajo Nation, resulting from the diversion or
use of water in a manner not in violation of the settlement
agreement;
(vi) past, present, and future claims arising out of, or
relating in any manner to, the negotiation, execution, or
adoption of the settlement agreement, an applicable
settlement judgment or decree, or this Act;
(vii) past, present, and future claims for failure to
protect, acquire, or develop water rights for or on behalf of
the Navajo Nation and the members of the Navajo Nation
arising from time immemorial and, thereafter, forever;
(viii) past, present, and future claims relating to failure
to assert any claims authorized to be waived under this
subsection;
(ix) claims for the OM&R costs of the Navajo Groundwater
Projects, which shall be effective on the date on which the
Secretary transfers title to, and OM&R responsibility for,
the Navajo Groundwater Projects to the Navajo Nation;
(x) claims in the case styled The Navajo Nation v. United
States Department of the Interior, Case No. CV-03-057-PCT-
PGR, pending in the United States District Court for the
District of Arizona, including all claims based on the facts
alleged in the complaint filed in the action, except any
claim that is dismissed without prejudice pursuant to section
108(a)(14); and
(xi) past and present claims relating in any manner to
damages, losses, or injuries to water, water rights, 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 failure to protect,
acquire, or develop water, water rights, or water
infrastructure) within the reservation and off-reservation
trust land that first accrued at any time prior to the LCR
enforceability date.
(B) Effective date.--Except as provided in subparagraph
(A)(ix), the waiver and release of claims under subparagraph
(A) shall be effective on the LCR enforceability date.
(C) Retention of claims.--The Navajo Nation and the members
of the Navajo Nation
[[Page S629]]
(but not members in their capacity as allottees) shall retain
all rights not expressly waived in under subparagraph (A),
including any right--
(i) subject to subparagraph 13.14 of the settlement
agreement--
(I) to assert claims of rights to upper basin water for
Navajo land; and
(II) to assert claims of rights to upper basin water that
are based on aboriginal occupancy of land within the upper
basin by the Navajo Nation, the members of the Navajo Nation,
or their predecessors;
(ii) subject to subparagraph 13.8 of the settlement
agreement, to assert claims for injuries to, and seek
enforcement of, the rights of the Navajo Nation under the
settlement agreement or this Act in any Federal or State
court of competent jurisdiction;
(iii) to assert claims for injuries to, and seek
enforcement of, the rights of the Navajo Nation under the LCR
decree;
(iv) to assert claims for injuries to, and seek enforcement
of, the rights of the Navajo Nation under the Gila River
adjudication decree;
(v) to participate in the LCR adjudication to the extent
provided in the settlement agreement;
(vi) to participate in the Gila River adjudication to the
extent provided in subparagraphs 4.12, 4.13, and 4.14 of the
settlement agreement;
(vii) except as provided in the settlement agreement, to
object to any claims for water rights, injury to water
rights, or injury to water quality by or for any Indian tribe
or the United States on behalf of the Indian tribe;
(viii) except as provided in the settlement agreement, to
assert past, present, or future claims for injury to water
rights, injury to water quality, or any other claims other
than a claim for water rights, against any Indian tribe or
the United States on behalf of the Indian tribe;
(ix) to assert past, present, or future claims for rights
to Lower Colorado River water, injury to rights to Lower
Colorado River water, or injury to quality of Lower Colorado
River water for Navajo land; and
(x) to assert past, present, or future claims for rights to
Lower Colorado River water, injury to rights to Lower
Colorado River water, or injury to quality of Lower Colorado
River water that are based on aboriginal occupancy of land by
the Navajo Nation, the members of the Navajo Nation, or their
predecessors.
(b) Hopi Tribe Waivers, Releases, and Retentions of
Claims.--
(1) Claims against the state and others.--
(A) In general.--Except as provided in subparagraph (C),
the Hopi Tribe, on behalf of itself and the members of the
Hopi Tribe (but not members in their capacity as allottees),
and the United States, acting as trustee for the Hopi Tribe
and the members of the Hopi Tribe (but not members in their
capacity as allottees), as part of the performance of the
respective obligations of the Hopi Tribe and the United
States under the settlement agreement, are authorized to
execute a waiver and release of any claims against the State
(or any agency or political subdivision of the State), the
Navajo Nation, or any other person, entity, corporation, or
municipal corporation under Federal, State, or other law for
all--
(i) past, present, and future claims for water rights for
Hopi land arising from time immemorial and, thereafter,
forever;
(ii) past, present, and future claims for water rights
arising from time immemorial and, thereafter, forever, that
are based on aboriginal occupancy of land by the Hopi Tribe,
the members of the Hopi Tribe, or their predecessors;
(iii) past and present claims for injury to water rights
and injury to water quality for Hopi land arising from time
immemorial through the LCR enforceability date;
(iv) past, present, and future claims for injury to water
rights and injury to water quality arising from time
immemorial and, thereafter, forever, that are based on
aboriginal occupancy of land by the Hopi Tribe, the members
of the Hopi Tribe, or their predecessors;
(v) claims for injury to water rights and injury to water
quality arising after the LCR enforceability date for Hopi
land resulting from the diversion or use of water in a manner
not in violation of the settlement agreement; and
(vi) past, present, and future claims arising out of, or
relating in any manner to, the negotiation, execution, or
adoption of the settlement agreement, an applicable
settlement judgment or decree, or this Act.
(B) Effective date.--The waiver and release of claims under
subparagraph (A) shall be effective on the LCR enforceability
date.
(C) Retention of claims.--The Hopi Tribe on behalf of
itself and the members of the Hopi Tribe (but not members in
their capacity as allottees), and the United States, acting
as trustee for the Hopi Tribe and the members of the Hopi
Tribe (but not members in their capacity as allottees), shall
retain all rights not expressly waived under subparagraph
(A), including any right--
(i) to assert claims for injuries to, and seek enforcement
of, the rights of the Hopi Tribe under the Norviel Decree, as
set forth in the abstracts required pursuant to subparagraph
5.4.1 of the settlement agreement;
(ii) subject to subparagraphs 6.3 and 13.8 of the
settlement agreement, to assert claims for injuries to, and
seek enforcement of, the rights of the Hopi Tribe under the
settlement agreement or this Act, in any Federal or State
court of competent jurisdiction;
(iii) to assert claims for injuries to, and seek
enforcement of, the rights of the Hopi Tribe under the LCR
decree;
(iv) to participate in the LCR adjudication to the extent
provided in the settlement agreement;
(v) except as provided in the settlement agreement, to
object to any claims for water rights, injury to water
rights, or injury to water quality by or for any Indian tribe
or the United States on behalf of the Indian tribe;
(vi) except as provided in the settlement agreement, to
assert past, present, or future claims for injury to water
rights, injury to water quality, or any other claims other
than a claim for water rights, against any Indian tribe or
the United States on behalf of the Indian tribe;
(vii) to assert past, present, or future claims for rights
to Lower Colorado River water, injury to rights to Lower
Colorado River water, or injury to quality of Lower Colorado
River water for Hopi land; and
(viii) to assert past, present, or future claims for rights
to Lower Colorado River water, injury to rights to Lower
Colorado River water, or injury to quality of Lower Colorado
River water that are based on aboriginal occupancy of land by
the Hopi Tribe, the members of the Hopi Tribe, or their
predecessors.
(2) Claims against the united states.--
(A) In general.--Except as provided in subparagraph (C),
the Hopi Tribe, on behalf of itself and the members of the
Hopi Tribe (but not members in their capacity as allottees),
as part of the performance of the obligations of the Hopi
Tribe under the settlement agreement, is authorized to
execute a waiver and release of any claims against the United
States (or agencies, officials, or employees of the United
States) under Federal, State, or other law for all--
(i) past, present, and future claims for water rights for
Hopi land arising from time immemorial and, thereafter,
forever;
(ii) past, present, and future claims for water rights
arising from time immemorial and, thereafter, forever, that
are based on aboriginal occupancy of land by the Hopi Tribe,
the members of the Hopi Tribe, or their predecessors;
(iii) past and present claims for injury to water rights
and injury to water quality for Hopi land arising from time
immemorial through the LCR enforceability date;
(iv) past, present, and future claims for injury to water
rights and injury to water quality arising from time
immemorial and, thereafter, forever, that are based on
aboriginal occupancy of land by the Hopi Tribe, the members
of the Hopi Tribe, or their predecessors;
(v) claims for injury to water rights and injury to water
quality arising after the LCR enforceability date for Hopi
land resulting from the diversion or use of water in a manner
not in violation of the settlement agreement;
(vi) past, present, and future claims arising out of, or
relating in any manner to, the negotiation, execution, or
adoption of the settlement agreement, an applicable
settlement judgment or decree, or this Act;
(vii) past, present, and future claims for failure to
protect, acquire, or develop water rights for or on behalf of
the Hopi Tribe and the members of the Hopi Tribe arising from
time immemorial and, thereafter, forever;
(viii) past, present, and future claims relating to failure
to assert any claims authorized to be waived under this
subsection;
(ix) claims for the OM&R costs of the Hopi Groundwater
Project, which shall become effective on the date on which
the Secretary transfers title to, and OM&R responsibility
for, the Hopi Groundwater Project to the Hopi Tribe; and
(x) past and present claims relating in any manner to
damages, losses, or injuries to water, water rights, 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 failure to protect,
acquire, or develop water, water rights, or water
infrastructure) within the reservation and off-reservation
trust land that first accrued at any time prior to the LCR
enforceability date.
(B) Effective date.--Except as provided in subparagraph
(A)(ix), the waiver and release of claims under subparagraph
(A) shall be effective on the LCR enforceability date.
(C) Retention of claims.--The Hopi Tribe on behalf of
itself and the members of the Hopi Tribe (but not members in
their capacity as allottees) shall retain all rights not
expressly waived under subparagraph (A), including any
right--
(i) to assert claims for injuries to, and seek enforcement
of, the rights of the Hopi Tribe under the Norviel Decree, as
set forth in the abstracts required pursuant to subparagraph
5.4.1 of the settlement agreement;
(ii) subject to subparagraph 13.8 of the settlement
agreement, to assert claims for injuries to, and seek
enforcement of, the rights of the Hopi Tribe under the
settlement agreement or this Act, in any Federal or State
court of competent jurisdiction;
(iii) to assert claims for injuries to, and seek
enforcement of, the rights of the Hopi Tribe under the LCR
decree;
[[Page S630]]
(iv) to participate in the LCR adjudication to the extent
provided in the settlement agreement;
(v) except as provided in the settlement agreement, to
object to any claims for water rights, injury to water
rights, or injury to water quality by or for any Indian tribe
or the United States on behalf of the Indian tribe other than
the Navajo Nation and the Hopi Tribe;
(vi) except as provided in the settlement agreement, to
assert past, present, or future claims for injury to water
rights, injury to water quality, or any other claims other
than a claim for water rights, against any Indian tribe or
the United States on behalf of the Indian tribe other than
the Navajo Nation and the Hopi Tribe;
(vii) to assert past, present, or future claims for rights
to Lower Colorado River water, injury to rights to Lower
Colorado River water, or injury to quality of Lower Colorado
River water for Hopi land; and
(viii) to assert past, present, or future claims for rights
to Lower Colorado River water, injury to rights to Lower
Colorado River water, or injury to quality of Lower Colorado
River water that are based on aboriginal occupancy of land by
the Hopi Tribe, the members of the Hopi Tribe, or their
predecessors.
(c) Waivers and Releases of Claims by the United States.--
(1) Acting as trustee for allottees.--
(A) In general.--Except as provided in subparagraph (C),
the United States, acting as trustee for allottees of the
Navajo Nation and Hopi Tribe, as part of the performance of
the obligations of the United States under the settlement
agreement, is authorized to execute a waiver and release of
any claims against the State (or any agency or political
subdivision of the State), the Navajo Nation, the Hopi Tribe,
or any other person, entity, corporation, or municipal
corporation under Federal, State, or other law, for all--
(i) past, present, and future claims for water rights for
allotments arising from time immemorial, and, thereafter,
forever;
(ii) past, present, and future claims for water rights
arising from time immemorial and, thereafter, forever, that
are based on aboriginal occupancy of land by allottees or
their predecessors;
(iii) past and present claims for injury to water rights
and injury to water quality for allotments arising from time
immemorial through the LCR enforceability date;
(iv) past, present, and future claims for injury to water
rights and injury to water quality, if any, arising from time
immemorial and, thereafter, forever, that are based on
aboriginal occupancy of land by allottees or their
predecessors;
(v) claims for injury to water rights and injury to water
quality arising after the LCR enforceability date for
allotments resulting from the diversion or use of water in a
manner not in violation of the settlement agreement; and
(vi) past, present, and future claims arising out of, or
relating in any manner to, the negotiation, execution, or
adoption of the settlement agreement, an applicable
settlement judgment or decree, or this Act.
(B) Effective date.--The waiver and release of claims under
subparagraph (A) shall be effective on the LCR enforceability
date.
(C) Retention of claims.--The United States, acting as
trustee for allottees of the Navajo Nation and Hopi Tribe,
shall retain all rights not expressly waived under
subparagraph (A), including any right--
(i) subject to subparagraph 13.14 of the settlement
agreement--
(I) to assert claims of rights to upper basin water, if
any, for allotments; and
(II) to assert claims of rights to upper basin water that
are based on aboriginal occupancy of land within the upper
basin in the State by allottees or their predecessors;
(ii) subject to subparagraph 13.8 of the settlement
agreement, to assert claims for injuries to, and seek
enforcement of, the rights of allottees, if any, under the
settlement agreement or this Act, in any Federal or State
court of competent jurisdiction;
(iii) to assert claims for injuries to, and seek
enforcement of, the rights of allottees, if any, under the
LCR decree;
(iv) to participate in the LCR adjudication to the extent
provided in the settlement agreement;
(v) except as provided in the settlement agreement, to
object to any claims for water rights, injury to water
rights, or injury to water quality by or for any Indian
tribe;
(vi) except as provided in the settlement agreement, to
assert past, present, or future claims for injury to water
rights, injury to water quality, or any other claims other
than a claim for water rights, against any Indian tribe;
(vii) to assert past, present, or future claims for rights
to Lower Colorado River water, injury to rights to Lower
Colorado River water, or injury to quality of Lower Colorado
River water for allotments; and
(viii) to assert past, present, or future claims for rights
to Lower Colorado River water, injury to rights to Lower
Colorado River water, or injury to quality of Lower Colorado
River water that are based on aboriginal occupancy of land by
allottees or their predecessors.
(2) Waiver and release of claims by the united states
against the navajo nation and the hopi tribe.--
(A) In general.--Except as provided subparagraph (C), the
United States, except when acting as trustee for an Indian
tribe other than the Navajo Nation or the Hopi Tribe, as part
of the performance of the obligations of the United States
under the settlement agreement, is authorized to execute a
waiver and release of any and all claims of the United States
against the Navajo Nation and the Hopi Tribe, including any
agency, official, or employee of the Navajo Nation or the
Hopi Tribe, under Federal, State, or any other law for all--
(i) past, present, and future claims arising out of, or
relating in any manner to, the negotiation or execution of
the settlement agreement or this Act;
(ii) past and present claims for injury to water rights and
injury to water quality resulting from the diversion or use
of water on Navajo land and Hopi land arising from time
immemorial through the LCR enforceability date; and
(iii) claims for injury to water rights and injury to water
quality arising after the LCR enforceability date resulting
from the diversion or use of water on Navajo land and Hopi
land in a manner not in violation of the settlement
agreement.
(B) Effective date.--The waiver and release of claims under
subparagraph (A) shall be effective on the LCR enforceability
date.
(C) Retention of claims.--The United States shall retain
all rights not expressly waived under subparagraph (A),
including--
(i) subject to subparagraph 13.8 of the settlement
agreement, to assert claims for injuries to, and seek
enforcement of, the settlement agreement or this Act, in any
Federal or State court of competent jurisdiction;
(ii) to enforce the Gila River adjudication decree; and
(iii) to enforce the LCR decree.
SEC. 106. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.
(a) Navajo Nation.--
(1) In general.--Except as provided in the settlement
agreement, the benefits realized by the Navajo Nation under
the settlement agreement and this Act shall be in complete
and full satisfaction of all claims of the Navajo Nation and
the members of the Navajo Nation, and the United States,
acting as trustee for the Navajo Nation and the members of
the Navajo Nation, for water rights, injury to water rights,
and injury to water quality, under Federal, State, or other
law with respect to Navajo land.
(2) Source.--Any entitlement to water of the Navajo Nation
and the members of the Navajo Nation, or the United States,
acting as trustee for the Navajo Nation and the members of
the Navajo Nation, for Navajo land shall be satisfied out of
the water resources and other benefits granted, confirmed, or
recognized to or for the Navajo Nation, and the United
States, acting as trustee for the Navajo Nation, by the
settlement agreement, the LCR decree, the Navajo Nation water
delivery contract, and this Act.
(3) Effect.--Notwithstanding paragraph (2), nothing in the
settlement agreement or this Act has the effect of
recognizing or establishing any right of a member of the
Navajo Nation to water on Navajo land.
(b) Hopi Tribe.--
(1) In general.--Except as provided in the settlement
agreement, the benefits realized by the Hopi Tribe under the
settlement agreement and this Act shall be in complete and
full satisfaction of all claims of the Hopi Tribe and the
members of the Hopi Tribe, and the United States, acting as
trustee for the Hopi Tribe and the members of the Hopi Tribe,
for water rights, injury to water rights, and injury to water
quality under Federal, State, or other law with respect to
Hopi land.
(2) Source.--Any entitlement to water of the Hopi Tribe and
the members of the Hopi Tribe, or the United States, acting
as trustee for the Hopi Tribe and the members of the Hopi
Tribe, for Hopi land shall be satisfied out of the water
resources and other benefits granted, confirmed, or
recognized to or for the Hopi Tribe, and the United States,
acting as trustee for the Hopi Tribe, by the settlement
agreement, the LCR decree, and this Act.
(3) Effect.--Notwithstanding paragraph (2), nothing in the
settlement agreement or this Act has the effect of
recognizing or establishing any right of a member of the Hopi
Tribe to water on Hopi land.
(c) Allottees Water Claims.--
(1) In general.--Except as provided in the settlement
agreement, the benefits realized by allottees under the
settlement agreement and this Act shall be in complete
replacement of and substitution for, and full satisfaction
of, all claims of allottees, and the United States, acting as
trustee for allottees, for water rights, injury to water
rights, and injury to water quality under Federal, State, or
other law with respect to allotments.
(2) Source.--Except as provided in exhibit 4.7.3 of the
settlement agreement, any entitlement to water of allottees,
or the United States, acting as trustee for allottees, for
allotments shall be satisfied out of the water resources and
other benefits granted, confirmed, or recognized to or for
the Navajo Nation, the Hopi Tribe, and the United States,
acting as trustee for the Navajo Nation, the Hopi Tribe, and
allottees, by the settlement agreement, the LCR decree, and
this Act.
(d) Exceptions.--Except as provided in section 105, nothing
in this Act affects any right to water of any member of the
Navajo Nation, the Hopi Tribe, or any allottee for land
outside of Navajo land, Hopi land, or allotments.
[[Page S631]]
(e) Navajo-Hopi Land Dispute Settlement Act of 1996.--
(1) Water rights.--Except as expressly provided in the
settlement agreement, the water rights of the Hopi Tribe on
land acquired pursuant to the Navajo-Hopi Land Dispute
Settlement Act of 1996 (25 U.S.C. 640d note; Public Law 104-
301), and the rights of the Hopi Tribe to object to surface
water and groundwater uses on the basis of water rights
associated with that land, shall be governed by that Act.
(2) Amendment.--Section 12 of the Navajo-Hopi Land Dispute
Settlement Act of 1996 (25 U.S.C. 640d note; Public Law 104-
301) is amended--
(A) in subsection (a)(1)(C), by striking ``beneficial use''
and inserting ``beneficial use of surface water''; and
(B) by striking subsection (e) and inserting the following:
``(e) Prohibition.--
``(1) In general.--Subject to paragraph (2), water rights
for newly acquired trust land shall not be used, leased,
sold, or transported for use off of that land or the other
trust land of the Tribe, except that the Tribe may agree with
other persons having junior water rights to subordinate the
senior water rights of the Tribe.
``(2) Restrictions.--
``(A) In general.--Water rights for newly acquired trust
land shall only be used on that land or other trust land of
the Tribe that is located within the same river basin
tributary as the main stream of the Colorado River.
``(B) Temporary transfer for use off-reservation.--
Notwithstanding any other provision of statutory or common
law or subparagraph (A) and in accordance with subparagraphs
(C) through (J), on approval of the Secretary, the Hopi Tribe
may enter into a service contract, lease, exchange, or other
agreement providing for the temporary delivery, use, or
transfer of not more than 10,000 acre-feet per year of
groundwater from newly acquired trust land that is located
within 20 miles of the municipal boundaries of Winslow,
Arizona, but is not within the Protection Areas (as that term
is described in paragraph 3.1.119 of the Navajo-Hopi Little
Colorado River Water Rights Settlement Agreement) for use
at--
``(i) Hopi fee land that is located within 5 miles of the
municipal boundaries of Winslow, Arizona; and
``(ii) the City of Winslow, Arizona, for municipal use by
the City of Winslow and the residents of that city, with the
consent of the Hopi Tribe, as provided in paragraph 5.3 and
exhibit 5.3 of the Navajo-Hopi Little Colorado River Water
Rights Settlement Agreement.
``(C) Maximum term.--
``(i) In general.--The maximum term of any service
contract, lease, exchange, or other agreement under
subparagraph (B) (including all renewals of such an
agreement) shall not exceed 99 years in duration.
``(ii) Alienation.--The Hopi Tribe shall not permanently
alienate any groundwater transported off of newly acquired
trust land pursuant to subparagraph (B).
``(D) Weed and dust control.--The Tribe shall maintain
newly acquired trust land from which groundwater is or will
be transported pursuant to subparagraph (B) free of noxious
weeds and blowing dust that creates a threat to health or
safety consistent with section 45-546 of the Arizona Revised
Statutes.
``(E) Damage to surrounding land or other water users.--
``(i) Damages.--Any transportation of groundwater off of
newly acquired trust land pursuant to subsection (B) shall be
subject to payment of damages to the extent the groundwater
withdrawals unreasonably increase damage to surrounding land
or other water users from the concentration of wells.
``(ii) No presumption of damage.--Neither injury to nor
impairment of the water supply of any landowner shall be
presumed from the fact of transportation of groundwater off
of newly acquired trust land pursuant to subparagraph (B).
``(iii) Mitigation.--In determining whether there has been
injury and the extent of any injury, the court shall consider
all acts of the person transporting groundwater toward the
mitigation of injury, including the retirement of land from
irrigation, discontinuance of other preexisting uses of
groundwater, water conservation techniques, and procurement
of additional sources of water that benefit the sub-basin or
landowners within the sub-basin.
``(iv) Court fees.--The court may award reasonable attorney
fees, expert witness expenses and fees, and court costs to
the prevailing party in litigation seeking damages for
transporting groundwater off of newly acquired trust land
pursuant to subparagraph (B).
``(F) No obligation.--The United States (in any capacity)
shall have no trust or other obligation to monitor,
administer, or account for, in any manner, groundwater
delivered pursuant to subparagraph (B).
``(G) Liability.--The Secretary shall not be liable to the
Hopi Tribe, the City of Winslow, Arizona, or any other person
for any loss or other detriment resulting from an agreement
entered into pursuant to subparagraph (B).
``(H) Applicable law.--
``(i) State law.--Any transportation or use of groundwater
off of the newly acquired trust land pursuant subparagraph
(B) shall be subject to and consistent with all laws
(including regulations) of the State that apply to the
transportation and use of water, including all applicable
permitting and reporting requirements.
``(ii) Purchases or grants of lands from indians.--Section
2116 of the Revised Statutes (25 U.S.C. 177) shall not apply
to any groundwater transported off of newly acquired trust
land pursuant to subparagraph (B).
``(I) Approval of secretary.--The Secretary shall approve
or disapprove any service contract, lease, exchange, or other
agreement under subparagraph (B) submitted by the Hopi Tribe
for approval within a reasonable period of time after
submission, except that approval by the Secretary shall not
be required for any groundwater lease under subparagraph (B)
for less than 10 acre-feet per year with a term of less than
7 years, including renewals.
``(J) No forfeiture or abandonment.--The nonuse of
groundwater of the Hopi Tribe from the newly acquired trust
land pursuant to subparagraph (B) shall not result in a
forfeiture, abandonment, relinquishment, or other loss of all
or any part of applicable rights.''.
SEC. 107. AFTER-ACQUIRED TRUST LAND.
(a) Requirement of Act of Congress.--Except as provided in
section 11 of Public Law 93-531 (25 U.S.C. 640d-10) and the
Navajo-Hopi Land Dispute Settlement Act of 1996 (25 U.S.C.
640d note; Public Law 104-301), the Navajo Nation or the Hopi
Tribe may only seek to have legal title to additional land in
the State, located outside the exterior boundaries of the
land that is, on the date of enactment of this Act, in
reservation status or held in trust for the benefit of the
Navajo Nation or the Hopi Tribe, taken into trust by the
United States for the benefit of the Navajo Nation or the
Hopi Tribe, respectively, pursuant to an Act of Congress
enacted after the date of enactment of this Act.
(b) Water Rights.--Any land taken into trust for the
benefit of the Navajo Nation or the Hopi Tribe after the date
of the enactment of this Act shall have only those rights to
water provided under the settlement agreement, the Navajo-
Hopi Land Dispute Settlement Act of 1996 (25 U.S.C. 640d
note; Public Law 104-301), and this Act, unless provided
otherwise in a subsequent Act of Congress, as provided in
subsection (a).
(c) Acceptance of Land in Trust Status.--
(1) Mandatory trust acquisition.--Notwithstanding
subsections (a) and (b), if the Navajo Nation or Hopi Tribe
acquires legal fee title to land that is located within the
exterior boundaries of the Navajo Reservation or the Hopi
Reservation, respectively, upon application by the Navajo
Nation or the Hopi Tribe to take the land into trust, the
Secretary shall accept the land into trust status for the
benefit of the Navajo Nation or Hopi Tribe in accordance with
applicable Federal law (including regulations).
(2) Reservation status.--Land taken or held in trust by the
Secretary under paragraph (1) shall be part of the Navajo
Reservation or the Hopi Reservation, respectively.
SEC. 108. ENFORCEABILITY DATE.
(a) Little Colorado River and Gila River Waivers.--The
waivers and releases of claims described in section 105 shall
take effect and be fully enforceable, and construction of the
Navajo Groundwater Projects and the Hopi Groundwater Project
may begin, on the date on which the Secretary publishes in
the Federal Register a statement of findings that--
(1) to the extent that the settlement agreement conflicts
with this Act, the settlement agreement has been revised
through an amendment to eliminate the conflict and the
revised settlement agreement has been executed by the
Secretary, the Navajo Nation, the Hopi Tribe, the Governor of
Arizona, and not less than 19 other parties;
(2) the waivers and releases of claims described in section
105 have been executed by the Navajo Nation, the Hopi Tribe,
and the United States;
(3) the State contributions described in subsections
(a)(2)(B)(iii) and (c)(2)(B)(ii) of section 104 have been
made;
(4) the full amount described in section 104(a)(2)(A)(i),
as adjusted by section 104(a)(2)(C), has been deposited in
the Navajo Groundwater Projects Account;
(5) the full amount described in section 104(b)(2) has been
deposited in the Navajo OM&R Trust Account;
(6) the full amount described in section 104(c)(2)(A)(i),
as adjusted by section 104(c)(2)(C), has been deposited in
the Hopi Groundwater Project Account;
(7) the full amount described in section 104(d)(2) has been
deposited in the Hopi OM&R Trust Account;
(8) the full amount described in section 104(e)(2)(A), as
adjusted by section 104(e)(2)(B), has been deposited in the
N-Aquifer Account and is available for use to implement the
N-Aquifer Management Plan;
(9) the full amount described in section 104(f)(2)(A), as
adjusted by section 104(f)(2)(B), has been deposited in the
Pasture Canyon Springs Protection Program Account and is
available for use to implement the Pasture Canyon Springs
Protection Program;
(10) the judgments and decrees in the LCR adjudication and
the Gila River adjudication have been approved by the LCR
adjudication court and the Gila River adjudication court
substantially in the form of the judgments and decrees
attached to the settlement agreement as exhibits 3.1.70 and
3.1.49, respectively;
[[Page S632]]
(11) a law has been enacted by the State substantially in
the form of a State implementing law attached to the
settlement agreement as exhibit 3.1.128 and the law remains
effective;
(12) the provisions of section 45-544 of the Arizona
Revised Statutes restricting the transporting of groundwater
from the Little Colorado River Plateau Groundwater Basin are
in effect;
(13) the Secretary has completed a record of decision
approving construction of--
(A) the Navajo Groundwater Projects in a configuration
substantially similar to the configuration described in
section 103(a); and
(B) the Hopi Groundwater Project, in a configuration
substantially similar to the configuration described in
section 103(b); and
(14) the Navajo Nation has moved for the dismissal with
prejudice of the first, second, third, fourth, and fifth
claims for relief contained in the complaint for declaratory
and injunctive relief filed by the Navajo Nation on March 14,
2003, in the United States District Court for the District of
Arizona, as part of the case styled The Navajo Nation v.
United States Department of the Interior (No. CV-03-0507-PCT-
PGR), and has moved for the dismissal without prejudice of
sixth claim for relief contained in the complaint,
substantially in the form of the dismissal attached to the
settlement agreement as exhibit 11.9.
(b) Failure of the Little Colorado River Waivers.--
(1) In general.--If the Secretary does not publish in the
Federal Register a statement of findings under subsection (a)
by October 31, 2022, this Act is repealed and any amounts--
(A) appropriated under section 104, together with any
investment earnings on those amounts, less any amounts
expended under subsections (a)(9), (b)(9), and (c)(1) of
section 103, shall revert immediately to the general fund of
the Treasury;
(B) transferred pursuant to subsections (a)(2)(B)(i) and
(c)(2)(B)(i) of section 104 to the Navajo Groundwater
Projects Account and the Hopi Groundwater Project Account
from the Future Indian Water Settlement Subaccount of the
Lower Colorado River Basin Development Fund established
pursuant to section 403(f)(2)(D)(vi) of the Colorado River
Basin Project Act (43 U.S.C. 1543(f)(2)(D)(vi)), together
with any investment earnings on those amounts, shall be
returned immediately to the Future Indian Water Settlement
Subaccount of the Lower Colorado River Basin Development
Fund;
(C) transferred pursuant to section 104(a)(2)(B)(ii) to the
Navajo Groundwater Projects Account from the Reclamation
Water Settlements Fund established by section 10501 of the
Omnibus Public Land Management Act of 2009 (43 U.S.C. 407),
together with any investment earnings on those amounts, shall
be returned immediately to the Reclamation Water Settlements
Fund; and
(D) transferred pursuant to subsections (a)(2)(B)(iii) and
(c)(2)(B)(ii) of section 104 to the Navajo Groundwater
Projects Account and the Hopi Groundwater Project Account,
together with any investment earnings on those amounts, shall
be returned immediately to the State.
(2) Severability.--Notwithstanding paragraph (1), if the
Secretary does not publish in the Federal Register a
statement of findings under subsection (a) by October 31,
2022, the designation under section 109(g) and the provisions
of sections 205(a)(1), 205(a)(2)(B), 205(a)(3), 205(a)(4),
205(a)(5), and 206 shall remain in effect.
(c) Right to Offset.--
(1) Navajo nation.--If the Secretary has not published in
the Federal Register the statement of findings under
subsection (a) by October 31, 2022, the United States shall
be entitled to offset any Federal amounts made available
under subsections (a)(9) and (c)(1) of section 103 that were
used or authorized for any use under those subsections
against any claim asserted by the Navajo Nation against the
United States described in section 105(a)(2)(A).
(2) Hopi tribe.--If the Secretary has not published in the
Federal Register the statement of finding under subsection
(a) by October 31, 2022, the United States shall be entitled
to offset any Federal amounts made available under
subsections (b)(9) and (c)(1) of section 103 that were used
or authorized for any use under those subsections against any
claim asserted by the Hopi Tribe against the United States
described in section 105(b)(2)(A).
SEC. 109. ADMINISTRATION.
(a) Sovereign Immunity.--If any party to the settlement
agreement brings an action in any court of the United States
or any State court relating only and directly to the
interpretation or enforcement of this Act or the settlement
agreement and names the United States, the Navajo Nation, or
the Hopi Tribe as a party, or if any other landowner or water
user in the Gila River or LCR basins in the State files a
lawsuit relating only and directly to the interpretation or
enforcement of paragraph 11.0 of the settlement agreement or
section 105 of this Act, naming the United States, or the
Navajo Nation or the Hopi Tribe as a party--
(1) the United States, the Navajo Nation, or the Hopi Tribe
may be joined in the action; and
(2) any claim by the United States, the Navajo Nation, or
the Hopi Tribe to sovereign immunity from the action is
waived, but only for the limited and sole purpose of the
interpretation or enforcement of this Act or the settlement
agreement.
(b) No Quantification or Effect on Rights of Other Indian
Tribes or the United States on Behalf of Other Indian
Tribes.--
(1) In general.--Except as provided in paragraph 7.2 of the
settlement agreement or in paragraph (2), nothing in this
Act--
(A) shall be construed to quantify or otherwise affect the
water rights, claims, or entitlements to water of any Indian
tribe, nation, band, or community, including the San Juan
Southern Paiute Tribe, other than the Hopi Tribe and the
Navajo Nation; or
(B) shall affect the ability of the United States to take
action on behalf of any Indian tribe, nation, band, or
community, including the San Juan Southern Paiute Tribe,
other than the Hopi Tribe, members of the Hopi Tribe,
allottees of the Hopi Tribe, the Navajo Nation, members of
the Navajo Nation, and allottees of the Navajo Nation.
(c) Antideficiency.--
(1) In general.--The expenditure or advance of any money or
the performance of any obligation by the United States, in
any capacity, under this Act shall be contingent on the
appropriation of funds.
(2) Liability.--The United States shall not be liable for
the failure to carry out any obligation or activity
authorized under this Act (including any obligation or
activity under this Act) if Congress does not provide
adequate appropriations expressly to carry out the purposes
of this Act.
(d) 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 of Federal law
shall not apply to any person, entity, or tract of land
solely on the basis of--
(1) receipt of any benefit under this Act;
(2) execution or performance of this Act; or
(3) the use, storage, delivery, lease, or exchange of CAP
water.
(e) Dismissal of Pending Navajo Nation Court Case.--Not
later than 30 days after the date on which the settlement
agreement is executed by the United States, the Navajo Nation
shall execute and file a stipulation and proposed order,
substantially in the form attached to the settlement
agreement as exhibit 11.9 for--
(1) the dismissal with prejudice of the first, second,
third, fourth, and fifth claims for relief contained in the
complaint for declaratory and injunctive relief in the case
styled Navajo Nation v. United States Department of the
Interior, No. CV-03-0507-PCT-PGR (D. Ariz. March 14, 2003);
and
(2) the dismissal without prejudice of the sixth claim for
relief contained in the complaint described in paragraph (1).
(f) Tolling of Statutes of Limitations.--Any statute of
limitations that may otherwise apply to, limit, or bar the
sixth claim for relief described in subsection (e)(2) shall
be tolled as follows:
(1) If a settlement of the claims by the Navajo Nation to
Lower Colorado River water has been approved by an Act of
Congress enacted on or before December 15, 2022, then any
statute of limitations that may otherwise apply to, limit, or
bar the sixth claim for relief shall be tolled until the
Navajo Nation waives the claims to Lower Colorado River water
under the Act of Congress.
(2) If a settlement of the claims of the Navajo Nation to
Lower Colorado River water has not been approved by An act of
Congress on or before December 15, 2022, then any statute of
limitations that may otherwise apply to, limit, or bar the
sixth claim for relief shall be tolled until December 15,
2022.
(g) Pete Shumway Dam & Reservoir.--
(1) In general.--The facility known as Schoens Lake,
Schoens Dam, and Schoens Reservoir, located on Show Low Creek
in Navajo County, Arizona shall be known and designated as
the ``Pete Shumway Dam and Reservoir''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility described in paragraph (1) shall be deemed to be a
reference to the ``Pete Shumway Dam and Reservoir''.
SEC. 110. ENVIRONMENTAL COMPLIANCE.
(a) Environmental Compliance.--In implementing the
settlement agreement and this Act, the Secretary shall comply
with all applicable Federal environmental laws and
regulations, including the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Execution of the Settlement Agreement.--Execution of
the settlement agreement by the Secretary as provided in this
Act shall not constitute a major Federal action under section
102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332).
(c) Lead Agency.--The Commissioner of the Bureau of
Reclamation shall be primarily responsible to ensure
environmental compliance in carrying out this Act.
(d) No Effect on Enforcement of Environmental Laws.--
Nothing in this Act precludes the United States, the Navajo
Nation, or the Hopi Tribe, when delegated regulatory
authority, from enforcing Federal environmental laws,
including--
(1) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including
claims for damages for harm to natural resources;
(2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
[[Page S633]]
(4) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
or
(5) any regulation implementing 1 or more of those Acts.
TITLE II--CENTRAL ARIZONA PROJECT WATER
SEC. 201. CONDITIONS FOR REALLOCATION OF CAP NIA PRIORITY
WATER.
(a) Reallocation.--
(1) In general.--The Secretary shall neither reallocate any
CAP NIA priority water to the Navajo Nation under section
202(a) nor enter into a contract with the Navajo Nation for
the delivery of that water under section 202(c) unless and
until the Secretary has published in the Federal Register the
statement of findings referred to in subsection (b) that all
of the conditions described in paragraph (2) have been
satisfied.
(2) Conditions.--The conditions described in this paragraph
are that--
(A) the LCR enforceability date has occurred;
(B) the Navajo Nation and the Navajo project lessees, with
the approval of the Secretary, have executed an amendment to
the Navajo Project Lease extending the term of the Navajo
Project Lease through December 23, 2044;
(C) the Secretary, with the consent of the Navajo Nation,
has issued or renewed to the Navajo project lessees, in a
form acceptable to the Navajo project lessees, grants of
Federal rights-of-way and easements pursuant to the first
section of the Act of February 5, 1948 (25 U.S.C. 323), for--
(i) the land subject to the Navajo Project Lease and for
the railroad-granted land, the terms of which shall extend
through the term of the Navajo Project Lease, as amended; and
(ii) the power transmission lines over and across land on
the Navajo Reservation, the terms of which shall extend
through the term of the Navajo Project Lease, as amended,
described as--
(I) the grant entitled ``Grant of Easement or Right of Way
from the Bureau of Indian Affairs, Window Rock, Arizona,
Grantor'', dated February 1971, for the construction,
operation, maintenance, replacement, and removal of the
Navajo Project Southern Transmission System, with Map Nos.
INH-96, sheets 1-4, B29036, dated May 28, 1970, marked as
Exhibit B to that grant, and the complete centerline
description shown on Exhibit A of that grant;
(II) the grant entitled ``Grant of Easement and Right-of-
Way by the United States of America, Bureau of Indian
Affairs, Department of the Interior, Window Rock, Arizona,
Grantor'', dated September 8, 1988, including amendments to
that grant, for the construction, operation, and maintenance
of the Navajo-McCullough Transmission Line, as shown on the
Map marked Exhibit B to that grant and more particularly
described in the right-of-way description marked Exhibit A to
that grant; and
(III) a right-of-way or permit for the Navajo Generating
Station/Western Area Power Administrative Intertie
Transmission System, running from the Navajo Generating
Station switchyard approximately 200 feet to the Western Area
Power Administration transmission line;
(D) Peabody has leased coal in sufficient quantity and
quality from the Navajo Nation, or the Navajo Nation and the
Hopi Tribe, for the Navajo Generating Station to operate
through the term of the Navajo Project Lease, as amended;
(E) the surface coal mining permit, or a revision of that
permit, has been issued by the Secretary, acting through the
Office of Surface Mining, Reclamation and Enforcement, to
Peabody authorizing the operation of the Kayenta mine and the
mining of the quantities of coal referred to in subparagraph
(D) through the term of the Navajo Project Lease, as amended;
(F) Peabody and the Navajo project lessees have entered
into a coal supply contract for the purchase of the
quantities and quality of coal referred to in subparagraph
(D) that extends through the term of the Navajo Project
Lease, as amended;
(G) the term of the contract for water service among the
Navajo project lessees and the Bureau of Reclamation for the
consumptive use at the Navajo Generating Station of up to
34,100 afy of upper basin water has been extended through the
term of the Navajo Project Lease, as amended; and
(H) the Secretary, acting through the Director of the
National Park Service, has reissued or extended the right-of-
way permit No. RW GLCA-06-002, issued on August 30, 2006,
through the term of the Navajo Project Lease, as amended.
(b) Publication of Statement of Findings.--Upon
satisfaction of all of the conditions described in subsection
(a)(2), the Secretary shall publish in the Federal Register a
statement of findings that each of the conditions has been
met.
(c) Timing of Reallocation.--Upon publication in the
Federal Register of the statement of findings referred to in
subsection (b), the Secretary shall reallocate to the Navajo
Nation the CAP NIA priority water in accordance with section
202(a) and enter into a contract with the Navajo Nation for
the delivery of that water in accordance with section 202(c),
through the Navajo-Gallup water supply project in accordance
with this Act.
(d) Failure To Publish Notice.--If the Secretary fails to
publish a statement of findings in the Federal Register under
subsection (b) by October 31, 2022--
(1) the authority provided under this section and section
202 shall terminate; and
(2) this section and section 202, 203, 204, 205(a)(2)(A),
and 205(b) shall be of no further force or effect.
SEC. 202. REALLOCATION OF CAP NIA PRIORITY WATER, FIRMING,
WATER DELIVERY CONTRACT.
(a) Reallocation to the Navajo Nation.--
(1) In general.--On the date on which the Secretary
publishes in the Federal Register the statement of findings
under section 201(b), the Secretary shall reallocate to the
Navajo Nation the Navajo Nation CAP water.
(2) Availability and use.--The water reallocated under
paragraph (1) shall be available for diversion and use from
the San Juan River pursuant to and consistent with section
10603(b)(2)(D) of the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 1383) (as amended by
section 205).
(b) Firming.--
(1) Navajo nation cap water.--The Navajo Nation CAP water
shall be firmed as follows:
(A) In accordance with section 105(b)(1)(B) of the Arizona
Water Settlements Act (Public Law 108-451; 118 Stat. 3492),
the Secretary shall firm 50 percent of the Navajo Nation CAP
water to the equivalent of CAP M&I priority water for the
period of 100 years beginning on January 1, 2008.
(B) In accordance with section 105(b)(2)(B) of the Arizona
Water Settlements Act (Public Law 108-451; 118 Stat. 3492),
the State shall firm 50 percent of the Navajo Nation CAP
water to the equivalent of CAP M&I priority water for the
period of 100 years beginning on January 1, 2008.
(2) Additional firming.--The Navajo Nation may, at the
expense of the Navajo Nation, take additional actions to firm
or supplement the Navajo Nation CAP water, including by
entering into agreements for that purpose with the Central
Arizona Water Conservation District, the Arizona Water
Banking Authority, or any other lawful authority, in
accordance with State law.
(c) Navajo Nation Water Delivery Contract.--
(1) Contract.--
(A) In general.--The Secretary shall enter into the Navajo
Nation water delivery contract, in accordance with the
settlement agreement, which shall meet, at a minimum, the
requirements described in subparagraph (B).
(B) Requirements.--The requirements described in this
subparagraph are as follows:
(i) Authorization.--The contract entered into under
subparagraph (A) shall be for permanent service (as that term
is used in section 5 of the Boulder Canyon Project Act (43
U.S.C. 617d)), and shall be without limit as to term.
(ii) Navajo nation cap water.--
(I) In general.--The Navajo Nation CAP water may be
delivered through the Navajo-Gallup water supply project for
use in the State.
(II) Method of delivery.--Subject to the physical
availability of water from the San Juan River and to the
rights of the Navajo Nation to use that water, deliveries
under this clause shall be effected by the diversion and use
of water from the San Juan River pursuant to section 10603 of
the Omnibus Public Land Management Act of 2009 (Public Law
111-11; 123 Stat. 1382) (as amended by section 205).
(iii) Contractual delivery.--The Secretary shall deliver
the Navajo Nation CAP water to the Navajo Nation in
accordance with the terms and conditions of the Navajo Nation
water delivery contract.
(iv) Curtailment.--Except to the extent that the Navajo
Nation CAP water is firmed by the United States and the State
under subsection (b)(1) or is otherwise firmed by the Navajo
Nation, deliveries of the Navajo Nation CAP water shall be
subject to curtailment in that--
(I) deliveries of the Navajo Nation CAP water effected by
the diversion of water from the San Juan River shall be
curtailed during shortages of CAP NIA priority water to the
same extent as other CAP NIA priority water supplies; and
(II) the extent of that curtailment shall be determined in
accordance with clause (xvi).
(v) Leases and exchanges of navajo nation cap water.--On
and after the date on which the Navajo Nation water delivery
contract becomes effective, the Navajo Nation may, with the
approval of the Secretary, enter into contracts to lease,
options to lease, exchange, or options to exchange the Navajo
Nation CAP water within Apache, Cochise, Coconino, Gila,
Graham, Maricopa, Navajo, Pima, Pinal, Santa Cruz, and
Yavapai Counties, Arizona, providing for the temporary
delivery to other persons of any portion of Navajo Nation CAP
water.
(vi) Term of leases and exchanges.--
(I) Leasing.--Contracts to lease and options to lease under
clause (v) shall be for a term not to exceed 100 years.
(II) Exchanging.--Contracts to exchange or options to
exchange under clause (v) shall be for the term provided for
in each such contract or option.
(III) Renegotiation.--The Navajo Nation may, with the
approval of the Secretary, renegotiate any lease described in
clause (v), at any time during the term of the lease, if the
term of the renegotiated lease does not exceed 100 years.
(vii) Prohibition on permanent alienation.--No Navajo
Nation CAP water may be permanently alienated.
[[Page S634]]
(viii) No firming of leased water.--The firming obligations
described in subsection (b)(1) shall not apply to any Navajo
Nation CAP water leased by the Navajo Nation to other
persons.
(ix) Entitlement to lease and exchange funds.--
(I) In general.--Only the Navajo Nation, and not the United
States in any capacity, shall be entitled to all
consideration due to the Navajo Nation under any contracts to
lease, options to lease, contracts to exchange, or options to
exchange the Navajo Nation CAP water entered into by the
Navajo Nation.
(II) Obligations of united states.--The United States in
any capacity shall have no trust or other obligation to
monitor, administer, or account for, in any manner, any funds
received by the Navajo Nation as consideration under any
contracts to lease, options to lease, contracts exchange, or
options to exchange the Navajo Nation CAP water entered into
by the Navajo Nation, except in a case in which the Navajo
Nation deposits the proceeds of any such lease, option to
lease, exchange, or option to exchange into an account held
in trust for the Navajo Nation by the United States.
(x) Water use on navajo land.--
(I) In general.--Except as authorized by clause (v), the
Navajo Nation CAP water may only be used on--
(aa) the Navajo Reservation;
(bb) land held in trust by the United States for the
benefit of the Navajo Nation; or
(cc) land owned by the Navajo Nation in fee that is located
within the State.
(II) Storage.--The Navajo Nation may store the Navajo
Nation CAP water at underground storage facilities or
groundwater savings facilities located within the CAP system
service area, consisting of Pima, Pinal, and Maricopa
Counties, in accordance with State law.
(III) Assignment.--The Navajo Nation may assign any long-
term storage credits accrued as a result of storage under
subclause (II) in accordance with State law.
(xi) No use outside arizona.--
(I) In general.--No Navajo Nation CAP water may be used,
leased, exchanged, forborne, or otherwise transferred by the
Navajo Nation for use directly or indirectly outside of the
State.
(II) Agreements.--Nothing in this Act or the settlement
agreement limits the right of the Navajo Nation to enter into
any agreement with the Arizona Water Banking Authority, or
any successor agency or entity, in accordance with State law.
(xii) 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
the Navajo Nation CAP water.
(II) Payment of charges.--Except as provided in clause
(xiii), all CAP fixed OM&R charges associated with the
delivery of the Navajo Nation CAP water to the Navajo Nation
shall be paid by--
(aa) the Secretary, pursuant to section 403(f)(2)(A) of the
Colorado River Basin Project Act (43 U.S.C. Sec.
1543(f)(2)(A)), as long as funds for that payment are
available in the Lower Colorado River Basin Development Fund;
and
(bb) if those funds become unavailable, the Navajo Nation.
(xiii) Lessee responsibility for charges.--
(I) In general.--Any lease or option to lease providing for
the temporary delivery to other persons of any Navajo Nation
CAP water shall require the lessee to pay the CAP operating
agency all CAP fixed OM&R charges and all CAP pumping energy
charges associated with the delivery of the leased water.
(II) No responsibility for payment.--Neither the Navajo
Nation nor the United States in any capacity shall be
responsible for the payment of any charges associated with
the delivery of the Navajo Nation CAP water leased to other
persons.
(xiv) Advance payment.--No Navajo Nation CAP water shall be
delivered unless the CAP fixed OM&R charges and the CAP
pumping energy charges associated with the delivery of that
water have been paid in advance.
(xv) Calculation.--The charges for delivery of the Navajo
Nation CAP water pursuant to the Navajo Nation water delivery
contract shall be calculated in accordance with the CAP
repayment stipulation.
(xvi) Shortages of navajo nation cap water.--If, for any
year, the available CAP supply is insufficient to meet all
demands under CAP contracts for the delivery of CAP NIA
priority water, the Secretary and the CAP operating agency
shall prorate the available CAP NIA priority water among the
CAP contractors holding contractual entitlements to CAP NIA
priority water on the basis of the quantity of CAP NIA
priority water used by each such CAP contractor in the last
year for which the available CAP supply was sufficient to
fill all orders for CAP NIA priority water.
(xvii) Cap repayment.--For purpose of determining the
allocation and repayment of costs of any stages of the CAP
constructed after November 21, 2007, the costs associated
with the delivery of the Navajo Nation CAP water, regardless
of whether the Navajo Nation CAP water is delivered for use
by the Navajo Nation or in accordance with any lease, option
to lease, exchange, or option to exchange providing for the
delivery to other persons of the Navajo Nation CAP water,
shall be--
(I) nonreimbursable; and
(II) excluded from the repayment obligation of the Central
Arizona Water Conservation District.
(xviii) Nonreimbursable cap construction costs.--
(I) In general.--With respect to the costs associated with
the construction of the CAP system allocable to the Navajo
Nation--
(aa) the costs shall be nonreimbursable; and
(bb) the Navajo 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 Navajo Nation CAP water,
regardless of whether the water is delivered for use by the
Navajo Nation or is delivered under any lease, option to
lease, exchange, or option to exchange the Navajo Nation CAP
water entered into by the Navajo Nation.
SEC. 203. COLORADO RIVER ACCOUNTING.
(a) Accounting for the Type of Water Delivered.--All
deliveries of the Navajo Nation CAP water effected by the
diversion of water from the San Juan River shall be accounted
for as deliveries of CAP water.
(b) Accounting for as Lower Basin Use in Arizona Regardless
of Place of Use or Point of Diversion.--All Navajo Nation CAP
water delivered to and consumptively used by the Navajo
Nation or lessees of the Navajo Nation pursuant to the
settlement agreement and this Act shall be--
(1) accounted for as if the use had occurred in the lower
basin, regardless of the point of diversion or place of use;
(2) credited as water reaching Lee Ferry pursuant to
articles III(c) and III(d) of the Colorado River Compact;
(3) charged against the consumptive use apportionment made
to the lower basin by article III(a) of the Colorado River
Compact; and
(4) accounted for as part of and charged against the
2,800,000 afy of Colorado River water apportioned to Arizona
in article II(B)(1) of the decree.
(c) Limitations.--
(1) In general.--Notwithstanding subsections (a) and (b)
and subject to paragraphs (2) and (3), no water diverted by
the Navajo-Gallup water supply project shall be accounted for
as provided in subsections (a) and (b) until such time as the
Secretary has developed and, as necessary, modified, in
consultation with the Upper Colorado River Commission and the
representatives of Governors on Colorado River Operations
from each of the respective State signatories to the Colorado
River Compact, all operational and decisional criteria,
policies, contracts, guidelines, or other documents that
control the operations of the Colorado River system
reservoirs and diversion works, so as to adjust, account for,
and offset the diversion of water apportioned to the State,
pursuant to the Boulder Canyon Project Act (43 U.S.C. 617 et
seq.), from a point of diversion on the San Juan River in New
Mexico.
(2) Modifications.--All modifications under paragraph (1)
shall be--
(A) consistent with section 10603(c)(2)(A) of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 1384) and this Act; and
(B) applicable only for the duration of any diversion
described in paragraph (1)pursuant to section 10603(c)(2)(B)
of the Omnibus Public Land Management Act of 2009 (Public Law
111-11; 123 Stat. 1384) and this Act.
(3) Administration.--Article II(B) of the decree shall be
administered so that diversions from the mainstream of the
Colorado River for the Central Arizona Project, as served
under existing contracts with the United States by diversion
works constructed before the date of enactment of this Act,
shall be limited and reduced to offset any diversions of CAP
water made pursuant to section 10603(c)(2)(B) of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 1384) and this Act.
(4) Effect of subsection.--This subsection shall not--
(A) affect, in any manner, the quantity of water
apportioned to the State pursuant to the Boulder Canyon
Project Act (43 U.S.C. 617 et seq.) and the decree; or
(B) amend any provision of the decree or the Colorado River
Basin Project Act (43 U.S.C. 1501 et seq.).
SEC. 204. NO MODIFICATION OF EXISTING LAWS.
(a) No Modification or Preemption of Other Laws.--Unless
expressly provided in this Act, nothing in this Act modifies,
conflicts with, preempts, or otherwise affects--
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2) the Boulder Canyon Project Adjustment Act (43 U.S.C.
618 et seq.);
(3) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(4) the Colorado River Basin Project Act (43 U.S.C. 1501 et
seq.);
(5) the Treaty between the United States of America and
Mexico respecting utilization of waters of the Colorado and
Tijuana Rivers and of the Rio Grande, signed at Washington on
February 3, 1944 (59 Stat. 1219);
(6) the Colorado River Compact;
(7) the Upper Colorado River Basin Compact; or
(8) the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991).
(b) No Precedent.--Nothing in this Act--
(1) authorizes or establishes a precedent for any type of
transfer of Colorado River system water between the upper
basin and the lower basin; or
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(2) expands the authority of the Secretary in the upper
basin.
(c) Preservation of Existing Rights.--
(1) In general.--Rights to the consumptive use of water
available to the upper basin from the Colorado River system
under the Colorado River Compact and the Upper Colorado River
Basin Compact shall not be reduced or prejudiced by any use
of water pursuant to section 10603(c) of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11; 123 Stat.
1384) or this Act.
(2) No effect on duties and powers.--Nothing in this Act
impairs, conflicts with, or otherwise changes the duties and
powers of the Upper Colorado River Commission.
(d) Unique Situation.--Diversions through the Navajo-Gallup
water supply project consistent with this Act address
critical tribal and non-Indian water supply needs under
unique circumstances, including--
(1) the intent to benefit Indian tribes in the United
States;
(2) the location of the Navajo Nation in both the upper
basin and the lower basin;
(3) the intent to address critical Indian and non-Indian
water needs in the State; and
(4) the lack of other reasonable options available for
developing a firm, sustainable supply of municipal water for
the Navajo Nation in the State.
(e) Efficient Use.--The diversions and uses authorized for
the Navajo-Gallup water supply project under this Act
represent unique and efficient uses of Colorado River
apportionments in a manner that Congress has determined would
be consistent with the obligations of the United States to
the Navajo Nation.
SEC. 205. AMENDMENTS.
(a) Amendments to the Omnibus Public Land Management Act of
2009.--
(1) Definitions.--Section 10302 of the Omnibus Public Land
Management Act of 2009 (43 U.S.C. 407 note; Public Law 111-
11) is amended--
(A) in paragraph (2), by striking ``Arrellano'' and
inserting ``Arellano''; and
(B) in paragraph (27), by striking ``75-185'' and inserting
``75-184''.
(2) Delivery and use of navajo-gallup water supply project
water.--Section 10603(c) of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1384) is
amended--
(A) in paragraph (1)(A), by striking ``Lower Basin and''
and inserting ``Lower Basin or''; and
(B) in paragraph (2)(A)--
(i) in clause (i), by striking ``Article III(c)'' and
inserting ``Articles III(c)''; and
(ii) in clause (ii)(II), by striking ``Article III(c)'' and
inserting ``Articles III(c)''.
(3) Project contracts.--Section 10604(f)(1) of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 1391) is amended by inserting ``Project'' before
``water.''
(4) Authorization of appropriations.--Section 10609 of the
Omnibus Public Land Management Act of 2009 (Public Law 111-
11; 123 Stat. 1395) is amended--
(A) in paragraphs (1) and (2) of subsection (b), by
striking ``construction or rehabilitation'' each place it
appears and inserting ``planning, design, construction,
rehabilitation,'';
(B) in subsection (e)(1), by striking ``2 percent'' and
inserting ``4 percent''; and
(C) in subsection (f)(1), by striking ``4 percent'' and
inserting ``2 percent''.
(5) Agreement.--Section 10701(e) of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1400) is
amended in paragraphs (2)(A), (2)(B), and (3)(A) by striking
``and Contract'' each place it appears.
(b) Amendments to the Arizona Water Settlements Act of
2004.--Section 104(a)(1)(B)(ii) of the Arizona Water
Settlements Act of 2004 (Public Law 108-451; 118 Stat. 3487)
is amended in the first sentence by striking ``claims to
water in Arizona'' and inserting ``claims to the Little
Colorado River in Arizona.''
(c) Effective Dates.--The amendments made by subsections
(a)(2)(A) and (b) take effect on the date of publication in
the Federal Register of the statement of findings described
in section 201(b).
SEC. 206. RETENTION OF LOWER COLORADO RIVER WATER FOR FUTURE
LOWER COLORADO RIVER SETTLEMENT.
(a) Retention of CAP NIA Priority Water.--Notwithstanding
section 104(a)(1)(B)(i) of the Arizona Water Settlements Act
(Public Law 108-451; 118 Stat. 3487), the Secretary shall
retain until January 1, 2031--
(1) 22,589 afy of the CAP NIA priority water referred to in
section 104(a)(1)(A)(iii) of that Act (Public Law 108-451;
118 Stat. 3487) for use in a future settlement of the claims
of the Navajo Nation to Lower Colorado River water; and
(2) 1,000 afy of the CAP NIA priority water referred to in
section 104(a)(1)(A)(iii) of that Act (Public Law 108-451;
118 Stat. 3487) for use in a future settlement of the claims
of the Hopi Tribe to Lower Colorado River water.
(b) Retention of Fourth Priority Mainstream Colorado River
Water.--The Secretary shall retain--
(1) 2,000 afy of the 3,500 afy of uncontracted Arizona
fourth priority Colorado River water referred to in section
11.3 of the Arizona Water Settlement Agreement, among the
Director of the Arizona Department of Water Resources, the
Central Arizona Water Conservation District, and the
Secretary, dated August 16, 2004, for use in a future
settlement of the claims of the Navajo Nation to Lower
Colorado River water; and
(2) 1,500 afy of the 3,500 afy of uncontracted Arizona
fourth priority Colorado River water referred to in
subparagraph 11.3 of the Arizona Water Settlement Agreement,
among the Director of the Arizona Department of Water
Resources, the Central Arizona Water Conservation District,
and the Secretary, dated August 16, 2004, for use in a future
settlement of the claims of the Hopi Tribe to Lower Colorado
River water.
(c) Conditions.--
(1) Navajo nation.--If Congress does not approve a
settlement of the claims of the Navajo Nation to Lower
Colorado River water by January 1, 2031, the 22,589 afy of
CAP NIA priority water referred to in subsection (a)(1) shall
be available to the Secretary under section 104(a)(1)(B)(i)
of the Arizona Water Settlements Act (Public Law 108-451; 118
Stat. 3487).
(2) Hopi tribe.--If Congress does not approve a settlement
of the claims of the Hopi Tribe to Lower Colorado River water
by January 1, 2031, the 1,000 afy of CAP NIA priority water
referred to in subsection (a)(2) shall be available to the
Secretary under section 104(a)(1)(B)(i) of the Arizona Water
Settlements Act (Public Law 108-451; 118 Stat. 3487).
(3) Water retained for the navajo nation.--
(A) In general.--Except as provided in subparagraph (B),
the fourth priority Colorado River water retained for the
Navajo Nation under subsection (b)(1) shall not be allocated,
nor shall any contract be issued under the Boulder Canyon
Project Act (42 U.S.C. 617 et seq.) for the use of the water,
until a final Indian water rights settlement for the Navajo
Nation has been approved by Congress, resolving the claims of
the Navajo Nation to Lower Colorado River water within the
State.
(B) Adjudication of navajo nation claims.--
(i) In general.--Except as provided in paragraph (1) and
subparagraph (C), if the claims of the Navajo Nation to Lower
Colorado River water are fully and finally adjudicated
through litigation without a settlement of those claims, the
22,589 afy of CAP NIA priority water referred to in
subsection (a)(1) and the 2,000 afy of fourth priority
Colorado River water referred to in subsection (b)(1)--
(I) shall no longer be retained as provided in those
subsections; but
(II) shall be used to satisfy, in whole or in part, any
rights of the Navajo Nation to Lower Colorado River water
determined through that litigation.
(ii) Manner and extent of distribution.--
(I) In general.--Notwithstanding the last sentence of
section 104(a)(1)(B)(i) of the Arizona Water Settlements Act
(Public Law 108-451; 118 Stat. 3487), the manner and extent
to which the water described in clause (i) shall be used to
satisfy any rights of the Navajo Nation shall be determined
by the court in the litigation.
(II) CAP nia priority water.--To the extent that any of the
CAP NIA priority water is not needed to satisfy any rights of
the Navajo Nation described in clause (i), the water shall be
available to the Secretary under section 104(a)(1)(B)(i) of
the Arizona Water Settlements Act (Public Law 108-451; 118
Stat. 3487).
(III) Fourth priority colorado river water.--To the extent
that any of the fourth priority Colorado River water is not
needed to satisfy any rights of the Navajo Nation described
in clause (i), the water shall be retained by the Secretary
for uses relating to Indian water right settlements in the
State.
(C) Termination of retention of cap water.--
(i) In general.--If the Navajo Nation files an action
against the United States regarding the claims of the Navajo
Nation to Lower Colorado River water or the operation of the
Lower Colorado River after the Navajo Nation dismisses the
court case described in section 109(e) and before January 1,
2031, the Secretary may, prior to any judicial determination
of the claims asserted in the action, terminate the retention
of the 22,589 afy of CAP NIA priority water described in
subsection (a)(1).
(ii) Requirements following termination.--If the Secretary
terminates the retention of the 22,589 afy of CAP NIA
priority water under this subsection, the Secretary shall--
(I) promptly give written notice of that action to the
Navajo Nation and the Arizona Department of Water Resources;
and
(II) use the 22,589 afy of CAP NIA priority water as
provided in section 104(a)(1)(B)(i) of the Arizona Water
Settlements Act (Public Law 108-451; 118 Stat. 3487).
(4) Water retained for hopi tribe.--
(A) In general.--Except as provided in subparagraph (B),
the fourth priority Colorado River water retained for the
Hopi Tribe under subsection (b)(2) shall not be allocated,
nor shall any contract be issued under the Boulder Canyon
Project Act (43 U.S.C. 617 et seq.) for the use of the water,
until a final Indian water rights settlement for the Hopi
Tribe and the Navajo Nation has been approved by Congress,
resolving the claims of the Hopi Tribe and the Navajo Nation
to Lower Colorado River water within the State.
(B) Adjudication of hopi tribe claims.--
(i) In general.--Except as provided in paragraph (1) and
subparagraph (C), if the
[[Page S636]]
claims of the Hopi Tribe to the Lower Colorado River are
fully and finally adjudicated through litigation without a
settlement of those claims, the 1,000 afy of CAP NIA priority
water referred to in subsection (a)(2) and the 1,500 afy of
fourth priority Colorado River water referred to in
subsection (b)(2)--
(I) shall no longer be retained as provided in those
subsections; but
(II) shall be used to satisfy, in whole or in part, any
rights of the Hopi Tribe to Lower Colorado River water
determined through that litigation.
(ii) Manner and extent of distribution of water.--
(I) In general.--Notwithstanding the last sentence of
section 104(a)(1)(B)(i) of the Arizona Water Settlements Act
(Public Law 108-451; 118 Stat. 3487), the manner and extent
to which the water described in clause (i) shall be used to
satisfy any rights of the Hopi Tribe shall be determined by
the court in the litigation.
(II) CAP nia priority water.--To the extent that any of the
CAP NIA priority water is not needed to satisfy any rights of
the Hopi Tribe described in clause (i), that water shall be
available to the Secretary under section 104(A)(1)(B)(i) of
the Arizona Water Settlements Act (Public Law 108-451; 118
Stat. 3487).
(III) Fourth priority colorado river water.--To the extent
that any of the fourth priority Colorado River water is not
needed to satisfy any rights of the Hopi Tribe described in
clause (i), that water shall be retained by the Secretary for
uses relating to Indian water right settlements in the State.
(C) Termination of retention of cap water.--
(i) In general.--If the Hopi Tribe files an action against
the United States regarding the claims of the Hopi Tribe to
Lower Colorado River water or the operation of the Lower
Colorado River before January 1, 2031, the Secretary may,
prior to any judicial determination of those claims,
terminate the retention of the 1,000 afy of CAP NIA priority
water described in subsection (a)(2).
(ii) Requirements following termination.--If the Secretary
terminates the retention of the 1,000 afy of CAP NIA priority
water under this subparagraph, the Secretary shall--
(I) promptly give written notice of that action to the Hopi
Tribe and the Arizona Department of Water Resources; and
(II) use the 1,000 afy of CAP NIA priority water as
provided in section 104(A)(1)(B)(i) of the Arizona Water
Settlements Act (Public Law 108-451; 118 Stat. 3487).
(5) Effect of section.--Nothing in this section determines,
confirms, or limits the validity or extent of the claims of
the Navajo Nation and the Hopi Tribe to Lower Colorado River
water.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS FOR FEASIBILITY
STUDY.
There is authorized to be appropriated to complete the
feasibility investigations of the Western Navajo Pipeline
component of the North Central Arizona Water Supply Study
$3,300,000.
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