[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.
____________________