[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

[[Page S616]]

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.

[[Page S617]]

  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

[[Page S618]]

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.

[[Page S619]]

  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

[[Page S635]]

       (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.

                          ____________________