[Congressional Record Volume 160, Number 144 (Monday, December 1, 2014)]
[House]
[Pages H8181-H8186]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        BILL WILLIAMS RIVER WATER RIGHTS SETTLEMENT ACT OF 2014

  Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 4924) to direct the Secretary of the Interior 
to enter into the Big Sandy River-Planet Ranch Water Rights Settlement 
Agreement and the Hualapai Tribe Bill Williams River Water Rights 
Settlement Agreement, to provide for the lease of certain land located 
within Planet Ranch on the Bill Williams River in the State of Arizona 
to benefit the Lower Colorado River Multi-Species Conservation Program, 
and to provide for the settlement of specific water rights claims in 
the Bill Williams River watershed in the State of Arizona.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4924

       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 ``Bill Williams River Water 
     Rights Settlement Act of 2014''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to achieve a fair, equitable, and final settlement of 
     certain claims among certain parties to water rights in the 
     Bill Williams River watershed in the State of Arizona for--
       (A) the Hualapai Tribe (acting on behalf of the Tribe and 
     members of the Tribe); and
       (B) the Department of the Interior, acting on behalf of the 
     Department and, as specified, the United States as trustee 
     for the Hualapai Tribe, the members of the Tribe, and the 
     allottees;
       (2) to approve, ratify, and confirm--
       (A) the Big Sandy River-Planet Ranch Water Rights 
     Settlement Agreement entered into among the Hualapai Tribe, 
     the United States as trustee for the Tribe, the members of 
     the Tribe and allottees, the Secretary of the Interior, the 
     Arizona department of water resources, Freeport Minerals 
     Corporation, and the Arizona Game and Fish Commission, to the 
     extent the Big Sandy River-Planet Ranch Agreement is 
     consistent with this Act; and
       (B) the Hualapai Tribe Bill Williams River Water Rights 
     Settlement Agreement entered into among the Tribe, the United 
     States as trustee for the Tribe, members of the Tribe, the 
     allottees, and the Freeport Minerals Corporation, to the 
     extent the Hualapai Tribe Agreement is consistent with this 
     Act;
       (3) to authorize and direct the Secretary--
       (A) to execute the duties and obligations of the Secretary 
     under the Big Sandy River-Planet Ranch Agreement, the 
     Hualapai Tribe Agreement, and this Act;
       (B)(i) to remove objections to the applications for the 
     severance and transfer of certain water rights, in partial 
     consideration of the agreement of the parties to impose 
     certain limits on the extent of the use and transferability 
     of the severed and transferred water right and other water 
     rights; and
       (ii) to provide confirmation of those water rights; and
       (C) to carry out any other activity necessary to implement 
     the Big Sandy River-Planet Ranch Agreement and the Hualapai 
     Tribe Agreement in accordance with this Act;
       (4) to advance the purposes of the Lower Colorado River 
     Multi-Species Conservation Program;
       (5) to secure a long-term lease for a portion of Planet 
     Ranch, along with appurtenant water rights primarily along 
     the Bill Williams River corridor, for use in the Conservation 
     Program;
       (6) to bring the leased portion of Planet Ranch into public 
     ownership for the long-term benefit of the Conservation 
     Program; and
       (7) to secure from the Freeport Minerals Corporation non-
     Federal contributions--
       (A) to support a tribal water supply study necessary for 
     the advancement of a settlement of the claims of the Tribe 
     for rights to Colorado River water; and
       (B) to enable the Tribe to secure Colorado River water 
     rights and appurtenant land, increase security of the water 
     rights of the Tribe, and facilitate a settlement of the 
     claims of the Tribe for rights to Colorado River water.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) ADWR.--The term ``ADWR'' means the Arizona department 
     of water resources, established pursuant to title 45 of the 
     Arizona Revised Statutes (or a successor agency or entity).
       (2) Allotment.--The term ``allotment'' means the 4 off-
     reservation parcels held in trust by the United States for 
     individual Indians in the Big Sandy River basin in Mohave 
     County, Arizona, under the patents numbered 1039995, 1039996, 
     1039997, and 1019494.
       (3) Allottee.--The term ``allottee'' means any Indian owner 
     of an allotment under a patent numbered 1039995, 1039996, 
     1039997, or 1019494.
       (4) Arizona game and fish commission.--The term ``Arizona 
     Game and Fish Commission'' means the entity established 
     pursuant to title 17 of the Arizona Revised Statutes to 
     control the Arizona game and fish department (or a successor 
     agency or entity).
       (5) Bagdad mine complex and bagdad townsite.--The term 
     ``Bagdad Mine Complex and Bagdad Townsite'' means the 
     geographical area depicted on the map attached as exhibit 2.9 
     to the Big Sandy River-Planet Ranch Agreement.
       (6) Big sandy river-planet ranch agreement.--The term ``Big 
     Sandy River-Planet Ranch Agreement'' means the Big Sandy 
     River-Planet Ranch Water Rights Settlement Agreement dated 
     July 2, 2014, and any amendment or exhibit (including exhibit 
     amendments) to that Agreement that is--
       (A) made in accordance with this Act; or
       (B) otherwise approved by the Secretary and the parties to 
     the Big Sandy River-Planet Ranch Agreement.
       (7) Bill williams river watershed.--The term ``Bill 
     Williams River watershed'' means the watershed drained by the 
     Bill Williams River and the tributaries of that river, 
     including the Big Sandy and Santa Maria Rivers.
       (8) Conservation program.--The term ``Conservation 
     Program'' has the meaning given the term ``Lower Colorado 
     River Multi-Species Conservation Program'' in section 9401 of 
     the Omnibus Public Land Management Act of 2009 (Public Law 
     111-11; 123 Stat. 1327).
       (9) Corporation.--
       (A) In general.--The term ``Corporation'' means the 
     Freeport Minerals Corporation, incorporated in the State of 
     Delaware.
       (B) Inclusions.--The term ``Corporation'' includes all 
     subsidiaries, affiliates, successors, and assigns of the 
     Freeport Minerals Corporation (such as Byner Cattle Company, 
     incorporated in the State of Nevada).
       (10) Department.--The term ``Department'' means the 
     Department of the Interior and all constituent bureaus of 
     that Department.
       (11) Enforceability date.--The term ``enforceability date'' 
     means the date described in section 9.
       (12) Freeport groundwater wells.--
       (A) In general.--The term ``Freeport Groundwater Wells'' 
     means the 5 wells identified by ADWR well registration 
     numbers--
       (i) 55-592824;
       (ii) 55-595808;
       (iii) 55-595810;
       (iv) 55-200964; and
       (v) 55-908273.
       (B) Inclusions.--The term ``Freeport Groundwater Wells'' 
     includes any replacement of a well referred to in 
     subparagraph (A) drilled by or for the Corporation to supply 
     water to the Bagdad Mine Complex and Bagdad Townsite.
       (C) Exclusions.--The term ``Freeport Groundwater Wells'' 
     does not include any other well owned by the Corporation at 
     any other location.
       (13) Hualapai tribe agreement.--The term ``Hualapai Tribe 
     Agreement'' means the Hualapai Tribe Bill Williams River 
     Water Rights Settlement Agreement dated July 2, 2014, 
     including any amendment or exhibit (including exhibit 
     amendments) to that Agreement that is--
       (A) made in accordance with this Act; or
       (B) otherwise approved by the Secretary and the parties to 
     the Agreement.
       (14) Hualapai tribe water rights settlement agreement.--The 
     term ``Hualapai Tribe Water Rights Settlement Agreement'' 
     means the comprehensive settlement agreement in the process 
     of negotiation as of the date of enactment of this Act to 
     resolve the claims of the Tribe for rights to Colorado River 
     water and Verde River water with finality.
       (15) Injury.--

[[Page H8182]]

       (A) In general.--The term ``injury'', with respect to a 
     water right, means any interference with, diminution of, or 
     deprivation of the water right under Federal, State, or other 
     law.
       (B) Exclusion.--The term ``injury'' does not include any 
     injury to water quality.
       (16) Lincoln ranch.--The term ``Lincoln Ranch'' means the 
     property owned by the Corporation described in the special 
     warranty deed recorded on December 4, 1995, at Book 1995 and 
     Page 05874 in the official records of La Paz County, Arizona.
       (17) Parcel 1.--The term ``Parcel 1'' means the parcel of 
     land that--
       (A) is depicted as 3 contiguous allotments identified as 
     1A, 1B, and 1C on the map attached to the Big Sandy River-
     Planet Ranch Agreement as exhibit 2.10; and
       (B) is held in trust for certain allottees.
       (18) Parcel 2.--The term ``Parcel 2'' means the parcel of 
     land that--
       (A) is depicted on the map attached to the Big Sandy River-
     Planet Ranch Agreement as exhibit 2.10; and
       (B) is held in trust for certain allottees.
       (19) Parcel 3.--The term ``Parcel 3'' means the parcel of 
     land that--
       (A) is depicted on the map attached to the Big Sandy River-
     Planet Ranch Agreement as exhibit 2.10;
       (B) is held in trust for the Tribe; and
       (C) is part of the Hualapai Reservation pursuant to 
     Executive Order 1368 of June 2, 1911.
       (20) Party.--The term ``party'' means an individual or 
     entity that is a signatory to--
       (A) the Big Sandy River-Planet Ranch Agreement; or
       (B) the Hualapai Tribe Agreement.
       (21) Planet ranch.--The term ``Planet Ranch'' means the 
     property owned by the Corporation described--
       (A) in the special warranty deed recorded on December 14, 
     2011, at Book 2011 and Page 05267 in the official records of 
     La Paz County, Arizona; and
       (B) as Instrument No. 2011-062804 in the official records 
     of Mohave County, Arizona.
       (22) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (23) Sever and transfer applications.--The term ``sever and 
     transfer applications'' means the applications filed or 
     amended by the Corporation and pending on the date of 
     enactment of this Act to sever and transfer certain water 
     rights--
       (A) from Lincoln Ranch and from Planet Ranch to the Wikieup 
     Wellfield for use at the Bagdad Mine Complex and Bagdad 
     Townsite; and
       (B) from portions of Planet Ranch (as determined on the 
     date on which the applications were filed or amended) to new 
     locations within Planet Ranch.
       (24) Tribe.--The term ``Tribe'' means the Hualapai Tribe, 
     organized under section 16 of the Act of June 18, 1934 (25 
     U.S.C. 476) (commonly known as the ``Indian Reorganization 
     Act''), and recognized by the Secretary.
       (25) Water right.--The term ``water right'' means--
       (A) any right in or to groundwater, surface water, or 
     effluent under Federal, State, or other law; and
       (B) for purposes of subsections (d) and (e) of section 5, 
     any right to Colorado River water.
       (26) Wikieup wellfield.--The term ``Wikieup Wellfield'' 
     means the geographical area depicted on the map attached as 
     exhibit 2.10 to the Big Sandy River-Planet Ranch Agreement.

     SEC. 4. BIG SANDY RIVER-PLANET RANCH AGREEMENT.

       (a) In General.--Except to the extent that any provision 
     of, or amendment to, the Big Sandy River-Planet Ranch 
     Agreement conflicts with this Act--
       (1) the Big Sandy River-Planet Ranch Agreement is 
     authorized, ratified, and confirmed; and
       (2) any amendment to the Big Sandy River-Planet Ranch 
     Agreement executed to make the Big Sandy River-Planet Ranch 
     Agreement consistent with this Act is authorized, ratified, 
     and confirmed.
       (b) Execution.--To the extent that the Big Sandy River-
     Planet Ranch Agreement does not conflict with this Act, and 
     in support of the purposes of this Act, the Secretary shall 
     execute--
       (1) the Big Sandy River-Planet Ranch Agreement (including 
     all exhibits to the Big Sandy River-Planet Ranch Agreement 
     requiring the signature of the Secretary);
       (2) any amendment to the Big Sandy River-Planet Ranch 
     Agreement (including any amendment to an exhibit of the Big 
     Sandy River-Planet Ranch Agreement requiring the signature of 
     the Secretary) that is necessary to make the Big Sandy River-
     Planet Ranch Agreement consistent with this Act; and
       (3) a conditional withdrawal of each objection filed by the 
     Bureau of Indian Affairs, the Bureau of Land Management, and 
     the United States Fish and Wildlife Service to the sever and 
     transfer applications in the form set forth in exhibit 
     4.2.1(ii)(b) to the Big Sandy River-Planet Ranch Agreement.
       (c) Modifications and Corrections.--The Secretary may 
     execute any other amendment to the Big Sandy River Planet-
     Ranch Agreement (including any amendment to an exhibit to the 
     Big Sandy River-Planet Ranch Agreement requiring the 
     signature of the Secretary) that is not inconsistent with 
     this Act, if the amendment--
       (1) is approved by the Secretary and the parties to the Big 
     Sandy River-Planet Ranch Agreement; and
       (2) does not require approval by Congress.
       (d) Prohibition.--The Secretary shall not file an objection 
     to any amendment to the sever and transfer applications or 
     any new sever or transfer application filed by the 
     Corporation to accomplish the sever and transfer of 10,055 
     acre-feet per year of water rights from Planet Ranch and 
     Lincoln Ranch to the Wikieup Wellfield, subject to the 
     condition that the form of such an amendment or new 
     application shall be substantially similar to a form attached 
     to the Big Sandy River-Planet Ranch Agreement as exhibit 
     4.2.1(ii)(a)(1) or 4.2.1(ii)(a)(2).

     SEC. 5. HUALAPAI TRIBE AGREEMENT.

       (a) In General.--Except to the extent that any provision 
     of, or amendment to, the Hualapai Tribe Agreement conflicts 
     with this Act--
       (1) the Hualapai Tribe Agreement is authorized, ratified, 
     and confirmed; and
       (2) any amendment to the Hualapai Tribe Agreement executed 
     to make the Hualapai Tribe Agreement consistent with this Act 
     is authorized, ratified, and confirmed.
       (b) Execution.--To the extent that the Hualapai Tribe 
     Agreement does not conflict with this Act, and in support of 
     the purposes of this Act, the Secretary shall execute--
       (1) the Hualapai Tribe Agreement (including all exhibits to 
     the Hualapai Tribe Agreement requiring the signature of the 
     Secretary); and
       (2) any amendment to the Hualapai Tribe Agreement 
     (including any amendment to an exhibit of the Hualapai Tribe 
     Agreement requiring the signature of the Secretary) that is 
     necessary to make the Hualapai Tribe Agreement consistent 
     with this Act.
       (c) Modifications and Corrections.--The Secretary may 
     execute any other amendment to the Hualapai Tribe Agreement 
     (including any amendment to an exhibit to the Hualapai Tribe 
     Agreement requiring the signature of the Secretary) that is 
     not inconsistent with this Act, if the amendment--
       (1) is approved by the Secretary and the parties to the 
     Hualapai Tribe Agreement; and
       (2) does not require approval by Congress.
       (d) Contribution of Corporation to Economic Development 
     Fund.--
       (1) In general.--The contribution of the Corporation to the 
     economic development fund of the Tribe, as provided in 
     section 8.1 of the Hualapai Tribe Agreement--
       (A) may be used by the Tribe for the limited purpose of 
     facilitating settlement of the claims of the Tribe for rights 
     to Colorado River water by enabling the Tribe--
       (i) to acquire Colorado River water rights with the intent 
     to increase the security of the water rights of the Tribe; 
     and
       (ii) to otherwise facilitate the use of water on the 
     Hualapai Reservation;
       (B) shall be considered to be a non-Federal contribution 
     that counts toward any non-Federal contribution associated 
     with a settlement of the claims of the Tribe for rights to 
     Colorado River water; and
       (C) shall not be--
       (i) considered to be trust funds; or
       (ii) subject to responsibility or management by the United 
     States as trustee for the Tribe, members of the Tribe, and 
     the allottees.
       (2) Limitation on transfer of water rights.--The Colorado 
     River water rights acquired by the Tribe may be used off the 
     Hualapai Reservation only for irrigation of acquired 
     appurtenant land, or for storage in accordance with Federal 
     and State law in a permitted recharge facility in the State 
     of Arizona, subject to the conditions that--
       (A) the Tribe shall not seek to transfer or sell 
     accumulated long-term storage credits generated from the 
     storage of the acquired Colorado River water rights; and
       (B) the Tribe shall not seek approval to change the place 
     of use of the acquired Colorado River water rights, except 
     for the purposes of storing the water in accordance with this 
     paragraph.
       (3) Expiration.--The limitation provided under paragraph 
     (2) expires on the earlier of--
       (A) the date on which the Hualapai Tribe Water Rights 
     Settlement Agreement becomes enforceable; and
       (B) December 31, 2039.
       (4) Colorado river water rights counted against claims of 
     tribe.--
       (A) In general.--If the Hualapai Tribe Water Rights 
     Settlement Agreement does not become enforceable by December 
     31, 2039, any Colorado River water rights acquired by the 
     Tribe with the contribution of the Corporation to the 
     economic development fund of the Tribe shall be counted, on 
     an acre-foot per acre-foot basis, toward the claims of the 
     Tribe for rights to Colorado River water.
       (B) Effect of paragraph.--Nothing in this paragraph 
     restricts any claim for rights of the Tribe to Colorado River 
     water.
       (e) Future Limitations on Land Taken Into Trust.--As 
     provided in section 10.11 of the Hualapai Tribe Agreement, 
     the parties to the Hualapai Tribe Agreement shall negotiate 
     in good faith with other parties the terms under which any 
     land within the State of Arizona held or acquired in fee by 
     the Tribe may be taken into trust by the United States for 
     the benefit of the Tribe, with any applicable terms to be 
     incorporated into the Hualapai Tribe Water Rights Settlement 
     Agreement, subject to approval by Congress.

     SEC. 6. WAIVERS, RELEASES, AND RETENTION OF CLAIMS.

       (a) Claims by Department Under Big Sandy River-Planet Ranch 
     Agreement.--
       (1) In general.--Except as provided in paragraph (3), the 
     Secretary is authorized to execute a waiver and release of 
     all claims of the Department, acting in its own capacity,

[[Page H8183]]

     against the Corporation under Federal, State, or any other 
     law for--
       (A) all past and present claims for injury to water rights 
     resulting from the diversion of water by the Corporation from 
     the Wikieup Wellfield or the Freeport Groundwater Wells 
     arising prior to the enforceability date;
       (B) all claims for injury to water rights arising after the 
     enforceability date resulting from the diversion of water by 
     the Corporation from the Wikieup Wellfield or the Freeport 
     Groundwater Wells in a manner not in violation of the Big 
     Sandy River-Planet Ranch Agreement; and
       (C) all past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation or execution of 
     the Big Sandy River-Planet Ranch Agreement.
       (2) Effective date.--The waivers and releases of claims 
     under paragraph (1) shall--
       (A) be in the form set forth in exhibit 7.2(ii) to the Big 
     Sandy River-Planet Ranch Agreement; and
       (B) take effect on the enforceability date.
       (3) Retention of rights.--The Department shall retain all 
     rights not expressly waived under paragraph (1), including 
     the right--
       (A) to assert any claim for breach of, or to seek 
     enforcement of, the Big Sandy River-Planet Ranch Agreement or 
     this Act in any court of competent jurisdiction (but not a 
     tribal court); and
       (B) to assert any past, present, or future claim to a water 
     right that is not inconsistent with the Big Sandy River-
     Planet Ranch Agreement or this Act.
       (b) Claims by Tribe and United States as Trustee Under Big 
     Sandy River-Planet Ranch Agreement.--
       (1) In general.--Except as provided in paragraph (3), the 
     Tribe and the United States, acting as trustee for the Tribe 
     and members of the Tribe, are authorized to execute a waiver 
     and release of all claims against the Corporation for--
       (A) any water rights of the Tribe or the United States as 
     trustee for the Tribe and members of the Tribe with respect 
     to Parcel 3 in excess of 300 acre-feet per year;
       (B) all past and present claims for injury to water rights 
     arising before the enforceability date resulting from the 
     diversion of water by the Corporation from the Wikieup 
     Wellfield or the Freeport Groundwater Wells; and
       (C) all claims for injury to water rights arising after the 
     enforceability date resulting from the diversion of water by 
     the Corporation from the Wikieup Wellfield or the Freeport 
     Groundwater Wells in a manner not in violation of the Big 
     Sandy River-Planet Ranch Agreement or the Hualapai Tribe 
     Agreement.
       (2) Effective date.--The waivers and releases of claims 
     under paragraph (1) shall--
       (A) be in the form set forth in exhibit 7.1(ii) to the 
     Hualapai Tribe Agreement; and
       (B) take effect on the enforceability date.
       (3) Retention of rights.--The Tribe and the United States, 
     acting as trustee for the Tribe and members of the Tribe, 
     shall retain all rights not expressly waived under paragraph 
     (1), including the right--
       (A) to assert any claim for breach of, or to seek 
     enforcement of, the Big Sandy River-Planet Ranch Agreement or 
     this Act in any court of competent jurisdiction (but not a 
     tribal court); and
       (B) to assert any past, present, or future claim to a water 
     right that is not inconsistent with the Big Sandy River-
     Planet Ranch Agreement or this Act.
       (c) Claims by United States as Trustee for Allottees Under 
     Big Sandy River-Planet Ranch Agreement.--
       (1) In general.--Except as provided in paragraph (3), the 
     United States, acting as trustee for the allottees, is 
     authorized to execute a waiver and release of all claims 
     against the Corporation for--
       (A) any water rights of the allottees or the United States 
     as trustee for the allottees with respect to--
       (i) Parcel 1 in excess of 82 acre-feet per year; or
       (ii) Parcel 2 in excess of 312 acre-feet per year;
       (B) all past and present claims for injury to water rights 
     arising before the enforceability date resulting from the 
     diversion of water by the Corporation from the Wikieup 
     Wellfield or the Freeport Groundwater Wells; and
       (C) all claims for injury to water rights arising after the 
     enforceability date resulting from the diversion of water by 
     the Corporation from the Wikieup Wellfield or the Freeport 
     Groundwater Wells in a manner not in violation of the Big 
     Sandy River-Planet Ranch Agreement.
       (2) Effective date.--The waivers and releases of claims 
     under paragraph (1) shall--
       (A) be in the form set forth in exhibit 7.1(ii) to the 
     Hualapai Tribe Agreement; and
       (B) take effect on the enforceability date.
       (3) Retention of rights.--The United States, acting as 
     trustee for the allottees, shall retain all rights not 
     expressly waived under paragraph (1), including the right--
       (A) to assert any claim for breach of, or to seek 
     enforcement of, the Big Sandy River-Planet Ranch Agreement or 
     this Act in any court of competent jurisdiction (but not a 
     tribal court); and
       (B) to assert any past, present, or future claim to a water 
     right that is not inconsistent with the Big Sandy River-
     Planet Ranch Agreement or this Act.
       (d) Claims by Tribe and United States as Trustee Under 
     Hualapai Tribe Agreement.--
       (1) In general.--Except as provided in paragraph (3), the 
     Tribe and the United States, acting as trustee for the Tribe, 
     members of the Tribe, and the allottees, as part of the 
     performance of obligations under the Hualapai Tribe 
     Agreement, are authorized to execute a waiver and release of 
     all claims that the Tribe or the United States as trustee for 
     the Tribe, members of the Tribe, or the allottees may have 
     against the Corporation under Federal, State, or any other 
     law, for--
       (A) all past and present claims for injury to water rights 
     resulting from the diversion of water by the Corporation from 
     the Bill Williams River watershed arising prior to the 
     enforceability date;
       (B) all claims for injury to water rights arising after the 
     enforceability date resulting from the diversion of water by 
     the Corporation from the Bill Williams River watershed in a 
     manner not in violation of the Hualapai Tribe Agreement or 
     the Big Sandy River-Planet Ranch Agreement; and
       (C) all past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation or execution of 
     the Hualapai Tribe Agreement.
       (2) Effective date.--The waivers and releases of claims 
     under paragraph (1) shall--
       (A) be in the form set forth in exhibit 7.1(ii) to the 
     Hualapai Tribe Agreement; and
       (B) take effect on the enforceability date.
       (3) Retention of rights.--The Tribe and the United States, 
     acting as trustee for the Tribe, the members of the Tribe, 
     and the allottees, shall retain all rights not expressly 
     waived under paragraph (1), including the right to assert--
       (A) subject to paragraph 10.5 of the Hualapai Tribe 
     Agreement, a claim for breach of, or to seek enforcement of, 
     the Hualapai Tribe Agreement or this Act in any court of 
     competent jurisdiction (but not a tribal court);
       (B) any claim for injury to, or to seek enforcement of, the 
     rights of the Tribe under any applicable judgment or decree 
     approving or incorporating the Hualapai Tribe Agreement; and
       (C) any past, present, or future claim to water rights that 
     is not inconsistent with the Hualapai Tribe Agreement or this 
     Act.
       (e) Claims by Tribe Against United States Under Big Sandy 
     River-Planet Ranch Agreement and Hualapai Tribe Agreement.--
       (1) In general.--In consideration for the benefits to the 
     Tribe, as set forth in the Big Sandy River-Planet Ranch 
     Agreement, the Hualapai Tribe Agreement, and this Act, except 
     as provided in paragraph (3), the Tribe, on behalf of the 
     Tribe and the members of the Tribe, is authorized to execute 
     a waiver and release of all claims against the United States 
     and the agents and employees of the United States for--
       (A) all past, present, and future claims relating to claims 
     for water rights for Parcel 3 in excess of 300 acre-feet per 
     year that the United States, acting as trustee for the Tribe, 
     asserted or could have asserted against any party to the Big 
     Sandy River-Planet Ranch Agreement or the Hualapai Tribe 
     Agreement, including the Corporation, including claims 
     relating to--
       (i) loss of water, water rights, land, or natural resources 
     due to loss of water or water rights on Parcel 3 (including 
     damages, losses, or injuries to hunting, fishing, and 
     gathering rights due to loss of water, water rights, or 
     subordination of water rights); or
       (ii) failure to protect, acquire, replace, or develop 
     water, water rights, or water infrastructure on Parcel 3;
       (B) all past, present, and future claims relating to injury 
     to water rights associated with Parcel 3 arising from 
     withdrawal of a protest to the sever and transfer 
     applications referenced in the Big Sandy River-Planet Ranch 
     Agreement;
       (C) all claims relating to injury to water rights arising 
     after the enforceability date associated with Parcel 3, 
     resulting from the diversion of water by the Corporation from 
     the Bill Williams River watershed in a manner not in 
     violation of the Hualapai Tribe Agreement; and
       (D) all past, present, and future claims relating to any 
     potential injury arising out of, or relating in any manner 
     to, the negotiation or execution of the Big Sandy River-
     Planet Ranch Agreement or the Hualapai Tribe Agreement.
       (2) Effective date.--The waivers and releases of claims 
     under paragraph (1) shall--
       (A) be in the form set forth in, as applicable--
       (i) exhibit 7.6(ii) to the Big Sandy River-Planet Ranch 
     Agreement; or
       (ii) exhibit 7.3(ii) to the Hualapai Tribe Agreement; and
       (B) take effect on the enforceability date.
       (3) Retention of rights.--The Tribe shall retain all rights 
     not expressly waived under paragraph (1), including the 
     right--
       (A) to assert any claim for breach of, or to seek 
     enforcement of, the Big Sandy River-Planet Ranch Agreement, 
     the Hualapai Tribe Agreement, or this Act in any court of 
     competent jurisdiction (but not a tribal court); and
       (B) to assert any past, present, or future claim to a water 
     right that is not inconsistent with the Big Sandy River-
     Planet Ranch Agreement, the Hualapai Tribe Agreement, or this 
     Act.

     SEC. 7. ADMINISTRATION.

       (a) Amendments.--
       (1) Definitions.--Section 9401 of the Omnibus Public Land 
     Management Act of 2009

[[Page H8184]]

     (Public Law 111-11; 123 Stat. 1327) is amended--
       (A) by redesignating paragraphs (1) through (5) as 
     paragraphs (2) through (6), respectively; and
       (B) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) Big sandy river-planet ranch agreement.--The term 
     `Big Sandy River-Planet Ranch Agreement' has the meaning 
     given the term in section 3 of the Bill Williams River Water 
     Rights Settlement Act of 2014.''.
       (2) Enforceability.--Section 9403 of the Omnibus Public 
     Land Management Act of 2009 (Public Law 111-11; 123 Stat. 
     1328) is amended--
       (A) by striking the section designation and heading and all 
     that follows through ``Due to'' in subsection (a) and 
     inserting the following:

     ``SEC. 9403. ENFORCEABILITY.

       ``(a) Civil Actions.--
       ``(1) Colorado river civil actions.--
       ``(A) Description of civil action.--Due to''; and
       (B) in subsection (a) (as amended by subparagraph (A))--
       (i) in paragraph (1) (as so amended), by adding at the end 
     the following:
       ``(B) Venue.--Any civil action under this paragraph may be 
     brought in any United States district court in the State in 
     which any non-Federal party to the civil action is 
     situated.''; and
       (ii) by adding at the end the following:
       ``(2) Bill williams civil actions.--
       ``(A) Description of civil action.--Due to the unique role 
     of the Lower Colorado River Multi-Species Conservation 
     Program in resolving competing water rights claims in the 
     Bill Williams River watershed (as defined in section 3 of the 
     Bill Williams River Water Rights Settlement Act of 2014) and 
     other claims among the parties to the Big Sandy-River Planet 
     Ranch Agreement, any party to the Big Sandy River-Planet 
     Ranch Agreement may commence a civil action in a court 
     described in subparagraph (B) relating only and directly to 
     the interpretation or enforcement of--
       ``(i) the Bill Williams River Water Rights Settlement Act 
     of 2014; or
       ``(ii) the Big Sandy River-Planet Ranch Agreement.
       ``(B) Venue.--A civil action under this paragraph may be 
     brought in--
       ``(i) the United States District Court for the District of 
     Arizona; or
       ``(ii) a State court of competent jurisdiction where a 
     pending action has been brought to adjudicate the water 
     rights associated with the Bill Williams River system and 
     source, in accordance with the authority provided by section 
     208 of the Act of July 10, 1952 (commonly known as the 
     `McCarran Amendment') (43 U.S.C. 666).'';
       (3) in subsection (b)--
       (A) by striking ``The district'' and inserting the 
     following:
       ``(1) In general.--The district'';
       (B) in paragraph (1) (as so designated), by striking ``such 
     actions'' and inserting ``civil actions described in 
     subsection (a)(1)''; and
       (C) by adding at the end the following:
       ``(2) State courts and district courts.--A State court or 
     United States district court--
       ``(A) shall have jurisdiction over civil actions described 
     in subsection (a)(2); and
       ``(B) may issue such orders, judgments, and decrees as are 
     consistent with the exercise of jurisdiction by the court 
     pursuant to--
       ``(i) this section; or
       ``(ii) section 7 of the Bill Williams River Water Rights 
     Settlement Act of 2014.
       ``(3) Effect of subsection.--Nothing in this subsection 
     affects the jurisdiction that would otherwise be available in 
     accordance with the authority provided by section 208 of the 
     Act of July 10, 1952 (commonly known as the `McCarran 
     Amendment') (43 U.S.C. 666).'';
       (4) in subsection (d)(2), by striking the paragraph 
     designation and heading and all that follows through 
     subparagraph (A) and inserting the following:
       ``(2) Applicability.--This section--
       ``(A) applies only to--
       ``(i) the Lower Colorado River Multi-Species Conservation 
     Program;
       ``(ii) the Bill Williams River Water Rights Settlement Act 
     of 2014; and
       ``(iii) the Big Sandy River-Planet Ranch Agreement; and''; 
     and
       (5) by striking subsection (e).
       (b) Limited Waiver of Sovereign Immunity.--
       (1) In general.--If any party to the Big Sandy River-Planet 
     Ranch Agreement or the Hualapai Tribe Agreement brings a 
     civil action in a court described in paragraph (2) relating 
     only and directly to the interpretation or enforcement of 
     this Act (or an amendment made by this Act), the Big Sandy 
     River-Planet Ranch Agreement, or the Hualapai Tribe 
     Agreement--
       (A) the Tribe and the United States, acting as trustee for 
     the Tribe, members of the Tribe, or the allottees, may be 
     named as a party or joined in the civil action; and
       (B) any claim by the Tribe or the United States, acting as 
     trustee for the Tribe, members of the Tribe, or the 
     allottees, to sovereign immunity from the civil action is 
     waived, but only for the limited and sole purpose of the 
     interpretation or enforcement of this Act (or an amendment 
     made by this Act), the Big Sandy River-Planet Ranch 
     Agreement, or the Hualapai Tribe Agreement.
       (2) Venue.--A court referred to in paragraph (1) is--
       (A) the United States District Court for the District of 
     Arizona; or
       (B) a State court of competent jurisdiction where a pending 
     action has been brought to adjudicate the water rights 
     associated with the Bill Williams River system and source, in 
     accordance with the authority provided by section 208 of the 
     Act of July 10, 1952 (commonly known as the ``McCarran 
     Amendment'') (43 U.S.C. 666).
       (3) Jurisdiction.--A State court or a United States 
     district court--
       (A) shall have jurisdiction over civil actions described in 
     paragraph (1); and
       (B) may issue such orders, judgments, and decrees as are 
     consistent with the exercise of jurisdiction by the court 
     pursuant to--
       (i) this section; or
       (ii) section 9403(b) of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1328).
       (4) Nonwaiver for certain claims.--Nothing in this 
     subsection waives the sovereign immunity of the Tribe or the 
     United States, acting as trustee for the Tribe, members of 
     the Tribe, or the allottees, to claims for monetary damages, 
     costs, or attorneys' fees.
       (c) Antideficiency.--
       (1) In general.--Notwithstanding any authorization of 
     appropriations to carry out this Act, the expenditure or 
     advance of any funds, and the performance of any obligation 
     by the Department in any capacity, pursuant to this Act shall 
     be contingent on the appropriation of funds for that 
     expenditure, advance, or performance.
       (2) Liability.--The Department shall not be liable for the 
     failure to carry out any obligation or activity authorized by 
     this Act if adequate appropriations are not provided to carry 
     out this Act.
       (d) Public Access.--Nothing in this Act prohibits 
     reasonable public access to the Conservation Program land at 
     Planet Ranch or Lincoln Ranch in a manner that is consistent 
     with all applicable Federal and State laws and any applicable 
     conservation management plan implemented under the 
     Conservation Program.
       (e) Effect.--Nothing in the Big Sandy River-Planet Ranch 
     Agreement, the Hualapai Tribe Agreement, or this Act--
       (1) affects the ability of the United States to carry out 
     any action in the capacity of the United States as trustee 
     for any other Indian tribe or allottee;
       (2) except as provided in subsections (a) and (b), confers 
     jurisdiction on any State court--
       (A) to interpret Federal law or determine the duties of the 
     United States or any other party pursuant to Federal law; or
       (B) to conduct judicial review of a Federal agency action; 
     or
       (3) limits the right of any member of the Tribe (acting in 
     an individual capacity) to assert or acquire any water right 
     based on State law.

     SEC. 8. ENVIRONMENTAL COMPLIANCE.

       (a) In General.--In implementing the Big Sandy River-Planet 
     Ranch Agreement, the Hualapai Tribe Agreement, and this Act, 
     the Secretary shall comply with all applicable Federal 
     environmental laws (including regulations), including--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).
       (b) Execution of Agreements.--The execution by the 
     Secretary of the Big Sandy River-Planet Ranch Agreement and 
     the Hualapai Tribe Agreement in accordance with this Act 
     shall not constitute a major Federal action for purposes of 
     section 102 of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4332).
       (c) United States Enforcement Authority.--Nothing in this 
     Act, the Big Sandy River-Planet Ranch Agreement, or the 
     Hualapai Tribe Agreement affects any right of the United 
     States to take any action (including any environmental 
     action) under any law (including regulations and common law) 
     relating to human health, safety, or the environment.

     SEC. 9. ENFORCEABILITY DATE.

       (a) In General.--Except as provided in subsection (b), the 
     enforceability date shall be the date on which the Secretary 
     publishes in the Federal Register a statement of findings 
     that--
       (1)(A) to the extent that the Big Sandy River-Planet Ranch 
     Agreement or the Hualapai Tribe Agreement conflict with this 
     Act, the applicable agreement has been revised by amendment 
     to eliminate the conflict; and
       (B) the Big Sandy River-Planet Ranch Agreement and the 
     Hualapai Tribe Agreement have been executed by all parties to 
     those agreements;
       (2) the Corporation has submitted to ADWR a conditional 
     amendment of the sever and transfer applications for the 
     Lincoln Ranch water right and amendments to the sever and 
     transfer applications for Planet Ranch and Lincoln Ranch 
     water rights consistent with section 4.2.1(ii)(a) of the Big 
     Sandy River-Planet Ranch Agreement;
       (3) the Secretary and the Arizona Game and Fish Commission 
     have executed and filed with ADWR a conditional withdrawal of 
     each objection described in section 4(b)(3);
       (4)(A) ADWR has issued a conditional order approving the 
     sever and transfer applications of the Corporation; and
       (B) all objections to the sever and transfer applications 
     have been--
       (i) conditionally withdrawn; or
       (ii) resolved in a decision issued by ADWR that is final 
     and nonappealable;

[[Page H8185]]

       (5) the Secretary has provided a notice to the parties to 
     the Big Sandy River-Planet Ranch Agreement and the Hualapai 
     Tribe Agreement that the Department has completed the legally 
     required environmental compliance described in section 8;
       (6) the steering committee for the Conservation Program has 
     approved and authorized the manager of the Conservation 
     Program to execute the lease in the form as set forth in 
     exhibit 2.33 to the Big Sandy River-Planet Ranch Agreement; 
     and
       (7) the waivers and releases authorized by section 6 have 
     been executed by the Tribe and the Secretary.
       (b) Ratification and Execution of Agreements.--
     Notwithstanding subsection (a), for purposes of sections 4, 
     5, and 8, the Secretary shall carry out the requirements of 
     this Act as promptly as practicable after the date of 
     enactment of this Act.
       (c) Failure of Enforceability Date to Occur.--If the 
     Secretary does not publish a statement of findings under 
     subsection (a) by December 15, 2015, or an extended date 
     agreed to by the Tribe, the Secretary, and the Corporation, 
     after providing reasonable notice to the State of Arizona--
       (1) this Act is repealed effective beginning on the later 
     of--
       (A) December 31, 2015; and
       (B) the date that is 14 days after the extended date agreed 
     to by the Tribe, the Secretary, and the Corporation, after 
     providing reasonable notice to the State of Arizona;
       (2) any action taken by the Secretary to carry out this Act 
     shall cease, and any agreement executed pursuant to this Act, 
     shall be void; and
       (3) the Tribe, members of the Tribe, the allottees, and the 
     United States, acting as trustee for the Tribe, members of 
     the Tribe, and the allottees, shall retain the right to 
     assert past, present, and future claims to water rights and 
     claims for injury to water rights in the Bill Williams River 
     watershed.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Hastings) and the gentleman from California (Mr. 
Lowenthal) each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. I yield myself as much time as I may 
consume.
  Mr. Speaker, our colleague from Arizona (Mr. Gosar) is the author of 
H.R. 4924, which is cosponsored by the entire bipartisan Arizona House 
delegation. The bill authorizes and codifies two water rights 
settlement agreements.
  The bill will provide some water supply certainty for the Hualapai 
Tribe, a mining company, the Arizona Game and Fish Commission, and the 
Federal Government. Due to Federal trust responsibility for the tribe, 
congressional authorization and ratification of these agreements are 
necessary.
  The bill does not impact Winters Doctrine rights, which are tribal 
water rights set forth in a landmark 1908 Supreme Court case, nor does 
it authorize Federal expenditure of any kind since this bill involves 
just the first phase of an agreement. This creative bill provides 
benefits to all parties involved in these settlements without any 
Federal expense.
  I urge my colleagues to support the legislation, and I reserve the 
balance of my time.
  Mr. LOWENTHAL. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 4924 would approve a water rights settlement 
agreement in the Bill Williams River Basin and settle a longstanding 
water rights dispute between the Hualapai Tribe and the Freeport-
McMoRan Minerals Company.
  Under this agreement, the Hualapai Tribe will confirm its water 
rights claims in the Bill Williams River Basin, receive protections for 
culturally significant springs, and secure a non-Federal contribution 
to enable future settlement of its water rights claims in the other 
river basins. The Freeport Company will also receive greater water 
certainty at one of its sites.
  This legislation approves a fair settlement in the Bill Williams 
River Basin without requiring any new spending authorization. I support 
adoption of H.R. 4924 and urge my colleagues to support this 
legislation as well.
  I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 5 
minutes to the gentleman from Arizona (Mr. Gosar), the author of this 
legislation.
  Mr. GOSAR. Mr. Speaker, I thank the chairman.
  Mr. Speaker, I would like to start by thanking the House Committee on 
Natural Resources Chairman, Doc Hastings, and his staff for all their 
efforts on H.R. 4924.
  As many of you are already aware, Chairman Hastings is leaving at the 
end of this Congress. Doc has served honorably since 1995. During my 
relatively short tenure in Congress, I have had the pleasure of working 
with Chairman Hastings on important matters, like protecting western 
water rights, improving our Nation's forest health, and increasing our 
access to American energy resources. Since this could be the last time 
I work with Doc on a bill, I would like to thank him for his leadership 
and for everything he has done to make our country a better place. Mr. 
Speaker, I am proud to call Chairman Hastings a friend and a mentor. He 
is one of the classiest individuals I have had the pleasure of serving 
with, and he will most certainly be missed.
  Water in the West is critical to our future economic prosperity and, 
of course, is a limited resource on which there are many existing 
demands. H.R. 4924 is important legislation that will facilitate a fair 
and equitable settlement of certain claims within the Bill Williams 
Watershed in Arizona amongst the Hualapai Tribe; Freeport-McMoRan, a 
mining company; the Arizona Game and Fish Commission; and the Federal 
Government. My bill is good for property owners, good for local 
economies and jobs, settles an outstanding water rights dispute, and 
will result in a net water benefit to the basin.
  The first of the two agreements codified by this legislation allows 
for certain private water rights owned by Freeport to be severed and 
transferred to provide water certainty for one of the company's mining 
operations. The Baghdad mine has an economic impact of $339.1 million 
to the State of Arizona and sustains nearly 4,000 direct and indirect 
jobs.

                              {time}  1630

  Under this first agreement, Freeport will also donate 3,400 acres of 
private land to Arizona Game and Fish Department to be managed as part 
of the Multi-Species Conservation Program.
  Finally, this first agreement will benefit water users throughout the 
West as Freeport has agreed to cap its withdrawals of water in the 
Wikieup Wellfield at 10,055 acre-feet, despite being entitled to nearly 
40,000 acre-feet of existing water rights. Thus, my bill will result in 
an overall net water use reduction in the basin of approximately 35,000 
acre-feet per year.
  The second of the two agreements approved by H.R. 4924 will secure 
certain water rights for the Hualapai Tribe as well as two non-Federal 
contributions that will be provided by Freeport to the tribe for an 
infrastructure fund and economic development fund.
  In addition, there is a provision in H.R. 4924 that will allow for 
new public access for hunting and fishing on the lands involved with 
this legislation.
  Furthermore, the local counties benefit from the good-paying jobs and 
tax revenue associated with the continued use of the mine.
  H.R. 4924 passed the full House Natural Resources Committee by 
unanimous consent on November 19.
  Preliminary Congressional Budget Office estimates indicate that the 
bill costs nothing to the Federal Government and will not score. The 
entire bipartisan Arizona delegation and both Houses of Congress 
strongly support H.R. 4924 and signed on as original cosponsors of this 
legislation.
  Mr. Speaker, I appreciate the opportunity to discuss this legislation 
that is extremely important to the State of Arizona. I urge immediate 
adoption by the House and hope my colleagues in the Senate will follow 
our lead and pass this critical bill in a timely manner this Congress.
  Mr. LOWENTHAL. Mr. Speaker, I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, this is a good piece of 
legislation. I urge its adoption, and I yield back the balance of my 
time.

[[Page H8186]]

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Hastings) that the House suspend the 
rules and pass the bill, H.R. 4924, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________