[Congressional Record Volume 168, Number 197 (Monday, December 19, 2022)]
[Senate]
[Pages S7292-S7302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           HUALAPAI TRIBE WATER RIGHTS SETTLEMENT ACT OF 2022

  Mr. SCHATZ. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 684, S. 4104.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 4104) to approve the settlement of water rights 
     claims of the Hualapai Tribe and certain allottees in the 
     State of Arizona, to authorize construction of a water 
     project relating to those water rights claims, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Indian Affairs, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Hualapai Tribe Water Rights 
     Settlement Act of 2022''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to resolve, fully and finally, all claims to rights to 
     water in the State, including the Verde River, the Bill 
     Williams River, and the Colorado River, of--
       (A) the Hualapai Tribe, on behalf of the Hualapai Tribe and 
     the members of the Hualapai Tribe; and
       (B) the United States, acting as trustee for the Hualapai 
     Tribe, the members of the Hualapai Tribe, and the allottees;
       (2) to authorize, ratify, and confirm the Hualapai Tribe 
     water rights settlement agreement, to the extent that 
     agreement is consistent with this Act;
       (3) to authorize and direct the Secretary to execute and 
     perform the duties and obligations of the Secretary under the 
     Hualapai Tribe water rights settlement agreement and this 
     Act; and
       (4) to authorize the appropriation of funds necessary to 
     carry out the Hualapai Tribe water rights settlement 
     agreement and this Act.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) 1947 judgment.--The term ``1947 Judgment'' means the 
     Judgment and the Stipulation and Agreement, including 
     exhibits to the Judgment and the Stipulation and Agreement, 
     entered on March 13, 1947, in United States v. Santa Fe Pac. 
     R.R. Co., No. E-190 (D. Ariz.) and attached to the Hualapai 
     Tribe water rights settlement agreement as Exhibit 3.1.1.
       (2) AFY.--The term ``AFY'' means acre-feet per year.
       (3) Allotment.--The term ``allotment'' means any of the 4 
     off-reservation parcels that are--
       (A) 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; and
       (B) identified as Parcels 1A, 1B, 1C, and 2 on the map 
     attached to the Hualapai Tribe water rights settlement 
     agreement as Exhibit 3.1.6.
       (4) Allottee.--The term ``allottee'' means any Indian owner 
     of an allotment.
       (5) Available cap supply.--The term ``available CAP 
     supply'' means, for any year--
       (A) all fourth priority water available for delivery 
     through the Central Arizona Project;
       (B) water available from Central Arizona Project dams and 
     reservoirs other than the Modified Roosevelt Dam; and
       (C) return flows captured by the Secretary for Central 
     Arizona Project use.
       (6) Bill williams act.--The term ``Bill Williams Act'' 
     means the Bill Williams River Water Rights Settlement Act of 
     2014 (Public Law 113-223; 128 Stat. 2096).
       (7) Bill williams agreements.--The term ``Bill Williams 
     agreements'' means the Amended and Restated Big Sandy River-
     Planet Ranch Water Rights Settlement Agreement and the 
     Amended and Restated Hualapai Tribe Bill Williams River Water 
     Rights Settlement Agreement, including all exhibits to each 
     agreement, copies of which (excluding exhibits) are attached 
     to the Hualapai Tribe water rights settlement agreement as 
     Exhibit 3.1.11.
       (8) Bill williams river phase 2 enforceability date.--The 
     term ``Bill Williams River Phase 2 Enforceability Date'' 
     means the date described in section 14(d).
       (9) Bill williams river phase 2 water rights settlement 
     agreement.--The term ``Bill Williams River phase 2 water 
     rights settlement agreement'' means the agreement of that 
     name that is attached to, and incorporated in, the Hualapai 
     Tribe water rights settlement agreement as Exhibit 4.3.3.
       (10) Cap contract.--The term ``CAP contract'' means a long-
     term contract (as defined in the CAP repayment stipulation) 
     with the United States for delivery of CAP water through the 
     CAP system.
       (11) Cap contractor.--
       (A) In general.--The term ``CAP contractor'' means a person 
     that has entered into a CAP contract.
       (B) Inclusion.--The term ``CAP contractor'' includes the 
     Hualapai Tribe.
       (12) Cap fixed om&r charge.--The term ``CAP fixed OM&R 
     charge'' has the meaning given the term ``Fixed OM&R Charge'' 
     in the CAP repayment stipulation.
       (13) Cap m&i priority water.--The term ``CAP M&I priority 
     water'' means water within the available CAP supply having a 
     municipal and industrial delivery priority.

[[Page S7293]]

       (14) Cap nia priority water.--The term ``CAP NIA priority 
     water'' means water within the available CAP supply having a 
     non-Indian agricultural delivery priority.
       (15) Cap operating agency.--The term ``CAP operating 
     agency'' means--
       (A) the 1 or more entities authorized to assume 
     responsibility for the care, operation, maintenance, and 
     replacement of the CAP system; and
       (B) as of the date of enactment of this Act, the Central 
     Arizona Water Conservation District.
       (16) Cap pumping energy charge.--The term ``CAP pumping 
     energy charge'' has the meaning given the term ``Pumping 
     Energy Charge'' in the CAP repayment stipulation.
       (17) Cap repayment contract.--The term ``CAP repayment 
     contract'' means--
       (A) the contract dated December 1, 1988 (Contract No. 14-
     06-W-245, Amendment No. 1), between the United States and the 
     Central Arizona Water Conservation District for the Delivery 
     of Water and Repayment of Costs of the Central Arizona 
     Project; and
       (B) any amendment to, or revision of, that contract.
       (18) Cap repayment stipulation.--The term ``CAP repayment 
     stipulation'' means the Stipulated Judgment and the 
     Stipulation for Judgment, including any exhibits to those 
     documents, entered on November 21, 2007, in the United States 
     District Court for the District of Arizona in the 
     consolidated civil action Central Arizona Water Conservation 
     District v. United States, numbered CIV 95-625-TUC-WDB (EHC) 
     and CIV 95-1720-PHX-EHC.
       (19) Cap subcontract.--The term ``CAP subcontract'' means a 
     long-term subcontract (as defined in the CAP repayment 
     stipulation) with the United States and the Central Arizona 
     Water Conservation District for the delivery of CAP water 
     through the CAP system.
       (20) Cap subcontractor.--The term ``CAP subcontractor'' 
     means a person that has entered into a CAP subcontract.
       (21) Cap system.--The term ``CAP system'' means--
       (A) the Mark Wilmer Pumping Plant;
       (B) the Hayden-Rhodes Aqueduct;
       (C) the Fannin-McFarland Aqueduct;
       (D) the Tucson Aqueduct;
       (E) any pumping plant or appurtenant work of a feature 
     described in subparagraph (A), (B), (C), or (D); and
       (F) any extension of, addition to, or replacement for a 
     feature described in subparagraph (A), (B), (C), (D), or (E).
       (22) Cap water.--The term ``CAP water'' has the meaning 
     given the term ``Project Water'' in the CAP repayment 
     stipulation.
       (23) Central arizona project.--The term ``Central Arizona 
     Project'' means the reclamation project authorized and 
     constructed by the United States in accordance with title III 
     of the Colorado River Basin Project Act (43 U.S.C. 1521 et 
     seq.).
       (24) Central arizona water conservation district.--The term 
     ``Central Arizona Water Conservation District'' means the 
     political subdivision of the State that is the contractor 
     under the CAP repayment contract.
       (25) Colorado river compact.--The term ``Colorado River 
     Compact'' means the Colorado River Compact of 1922, as 
     ratified and reprinted in article 2 of chapter 7 of title 45, 
     Arizona Revised Statutes.
       (26) Colorado river water entitlement.--The term ``Colorado 
     River water entitlement'' means the right or authorization to 
     use Colorado River water in the State through a mainstem 
     contract with the Secretary pursuant to section 5 of the 
     Boulder Canyon Project Act (43 U.S.C. 617d).
       (27) Diversion.--The term ``diversion'' means an act to 
     divert.
       (28) Divert.--The term ``divert'' means to receive, 
     withdraw, develop, produce, or capture water using--
       (A) a ditch, canal, flume, bypass, pipeline, pit, 
     collection or infiltration gallery, conduit, well, pump, 
     turnout, dam, or any other mechanical device; or
       (B) any other act of man.
       (29) Domestic purpose.--
       (A) In general.--The term ``domestic purpose'' means any 
     use relating to the supply, service, or activity of a 
     household or private residence.
       (B) Inclusions.--The term ``domestic purpose'' includes the 
     application of water to not more than 2 acres of land to 
     produce a plant or parts of a plant for--
       (i) sale or human consumption; or
       (ii) use as feed for livestock, range livestock, or 
     poultry.
       (30) Effluent.--The term ``effluent'' means water that--
       (A) has been used in the State for domestic, municipal, or 
     industrial purposes, other than solely for hydropower 
     generation; and
       (B) is available for reuse for any purpose, regardless or 
     whether the water has been treated to improve the quality of 
     the water.
       (31) Enforceability date.--The term ``Enforceability Date'' 
     means the date described in section 14(a).
       (32) Exchange.--The term ``exchange'' means a trade between 
     1 or more persons of any water for any other water, if each 
     person has a right or claim to use the water the person 
     provides in the trade, regardless of whether the water is 
     traded in equal quantities or other consideration is included 
     in the trade.
       (33) Fourth priority water.--The term ``fourth priority 
     water'' means Colorado River water that is available for 
     delivery in the State for the satisfaction of entitlements--
       (A) in accordance with contracts, Secretarial reservations, 
     perfected rights, and other arrangements between the United 
     States and water users in the State entered into or 
     established after September 30, 1968, for use on Federal, 
     State, or privately owned land in the State, in a total 
     quantity of not greater than 164,652 AFY of diversions; and
       (B) after first providing for the delivery of Colorado 
     River water for the CAP system, including for use on Indian 
     land, under section 304(e) of the Colorado River Basin 
     Project Act (43 U.S.C. 1524(e)), in accordance with the CAP 
     repayment contract.
       (34) Freeport.--
       (A) In general.--The term ``Freeport'' means the Delaware 
     corporation named ``Freeport Minerals Corporation''.
       (B) Inclusions.--The term ``Freeport'' includes all 
     subsidiaries, affiliates, successors, and assigns of Freeport 
     Minerals Corporation, including Byner Cattle Company, a 
     Nevada corporation.
       (35) Gila river adjudication.--The term ``Gila River 
     adjudication'' means the action pending in the Superior Court 
     of the State, in and for the County of Maricopa, In Re the 
     General Adjudication of All Rights To Use Water In The Gila 
     River System and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper 
     Gila), W-4 (San Pedro) (Consolidated).
       (36) Gila river adjudication court.--The term ``Gila River 
     adjudication court'' means the Superior Court of the State, 
     in and for the County of Maricopa, exercising jurisdiction 
     over the Gila River adjudication.
       (37) Gila river adjudication decree.--The term ``Gila River 
     adjudication decree'' means the judgment or decree entered by 
     the Gila River adjudication court in substantially the same 
     form as the form of judgment attached to the Hualapai Tribe 
     water rights settlement agreement as Exhibit 3.1.43.
       (38) Groundwater.--The term ``groundwater'' means all water 
     beneath the surface of the Earth within the State that is 
     not--
       (A) surface water;
       (B) effluent; or
       (C) Colorado River water.
       (39) Hualapai fee land.--The term ``Hualapai fee land'' 
     means land, other than Hualapai trust land, that--
       (A) is located in the State;
       (B) is located outside the exterior boundaries of the 
     Hualapai Reservation or Hualapai trust land; and
       (C) as of the Enforceability Date, is owned by the Hualapai 
     Tribe, including by a tribally owned corporation.
       (40) Hualapai land.--The term ``Hualapai land'' means--
       (A) the Hualapai Reservation;
       (B) Hualapai trust land; and
       (C) Hualapai fee land.
       (41) Hualapai reservation.--The term ``Hualapai 
     Reservation'' means the land within the exterior boundaries 
     of the Hualapai Reservation, including--
       (A) all land withdrawn by the Executive order dated January 
     4, 1883, as modified by the May 28, 1942, order of the 
     Secretary pursuant to the Act of February 20, 1925 (43 Stat. 
     954, chapter 273);
       (B) the land identified by the Executive orders dated 
     December 22, 1898, May 14, 1900, and June 2, 1911; and
       (C) the land added to the Hualapai Reservation by sections 
     11 and 12.
       (42) Hualapai tribe.--The term ``Hualapai Tribe'' means the 
     Hualapai Tribe, a federally recognized Indian Tribe of 
     Hualapai Indians organized under section 16 of the Act of 
     June 18, 1934 (25 U.S.C. 5123) (commonly known as the 
     ``Indian Reorganization Act'').
       (43) Hualapai tribe cap water.--The term ``Hualapai Tribe 
     CAP water'' means the 4,000 AFY of the CAP NIA priority water 
     that--
       (A) was previously allocated to non-Indian agricultural 
     entities;
       (B) was retained by the Secretary for reallocation to 
     Indian Tribes in the State pursuant to section 
     104(a)(1)(A)(iii) of the Central Arizona Project Settlement 
     Act of 2004 (Public Law 108-451; 118 Stat. 3487); and
       (C) is reallocated to the Hualapai Tribe pursuant to 
     section 13.
       (44) Hualapai tribe water delivery contract.--The term 
     ``Hualapai Tribe water delivery contract'' means the contract 
     entered into in accordance with the Hualapai Tribe water 
     rights settlement agreement and section 13(c) for the 
     delivery of Hualapai Tribe CAP water.
       (45) Hualapai tribe water rights settlement agreement.--
       (A) In general.--The term ``Hualapai Tribe water rights 
     settlement agreement'' means the agreement, including 
     exhibits, entitled ``Hualapai Tribe Water Rights Settlement 
     Agreement'' and dated February 11, 2019.
       (B) Inclusions.--The term ``Hualapai Tribe water rights 
     settlement agreement'' includes--
       (i) any amendments necessary to make the Hualapai Tribe 
     water rights settlement agreement consistent with this Act; 
     and
       (ii) any other amendments approved by the parties to the 
     Hualapai Tribe water rights settlement agreement and the 
     Secretary.
       (46) Hualapai trust land.--The term ``Hualapai trust land'' 
     means land, other than Hualapai fee land, that is--
       (A) located--
       (i) in the State; and
       (ii) outside the exterior boundaries of the Hualapai 
     Reservation; and
       (B) as of the Enforceability Date, held in trust by the 
     United States for the benefit of the Hualapai Tribe.

[[Page S7294]]

       (47) Hualapai water project.--The term ``Hualapai Water 
     Project'' means the project constructed in accordance with 
     section 6(a)(7)(A).
       (48) Hualapai water trust fund account.--The term 
     ``Hualapai Water Trust Fund Account'' means the account 
     established under section 6(a)(1).
       (49) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (50) Injury to water rights.--
       (A) In general.--The term ``injury to water rights'' means 
     any interference with, diminution of, or deprivation of, a 
     water right under Federal, State, or other law.
       (B) Exclusion.--The term ``injury to water rights'' does 
     not include any injury to water quality.
       (51) Lower basin.--The term ``lower basin'' has the meaning 
     given the term in article II(g) of the Colorado River 
     Compact.
       (52) Lower colorado river basin development fund.--The term 
     ``Lower Colorado River Basin Development Fund'' means the 
     fund established by section 403(a) of the Colorado River 
     Basin Project Act (43 U.S.C. 1543(a)).
       (53) Member.--The term ``member'' means any person duly 
     enrolled as a member of the Hualapai Tribe.
       (54) OM&R.--The term ``OM&R'' means--
       (A) any recurring or ongoing activity relating to the day-
     to-day operation of a project;
       (B) any activity relating to scheduled or unscheduled 
     maintenance of a project; and
       (C) any activity relating to replacing a feature of a 
     project.
       (55) Parcel 1.--The term ``Parcel 1'' means the parcel of 
     land that is--
       (A) depicted as 3 contiguous allotments identified as 1A, 
     1B, and 1C on the map attached to the Hualapai Tribe water 
     rights settlement agreement as Exhibit 3.1.6; and
       (B) held in trust for certain allottees.
       (56) Parcel 2.--The term ``Parcel 2'' means the parcel of 
     land that is--
       (A) depicted as ``Parcel 2'' on the map attached to the 
     Hualapai Tribe water rights settlement agreement as Exhibit 
     3.1.6; and
       (B) held in trust for certain allottees.
       (57) Parcel 3.--The term ``Parcel 3'' means the parcel of 
     land that is--
       (A) depicted as ``Parcel 3'' on the map attached to the 
     Hualapai Tribe water rights settlement agreement as Exhibit 
     3.1.6;
       (B) held in trust for the Hualapai Tribe; and
       (C) part of the Hualapai Reservation pursuant to Executive 
     Order 1368, dated June 2, 1911.
       (58) Party.--The term ``party'' means a person that is a 
     signatory to the Hualapai Tribe water rights settlement 
     agreement.
       (59) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (60) State.--The term ``State'' means the State of Arizona.
       (61) Stock watering.--The term ``stock watering'' means the 
     watering of livestock, range livestock, or poultry.
       (62) Surface water.--The term ``surface water'' means all 
     water in the State that is appropriable under State law.
       (63) Truxton basin.--The term ``Truxton Basin'' means the 
     groundwater aquifer described in the report issued by the 
     United States Geological Survey entitled ``Groundwater 
     Availability in the Truxton Basin, Northwestern Arizona'', 
     Scientific Investigations Report No. 2020-5017-A.
       (64) Water.--The term ``water'', when used without a 
     modifying adjective, means--
       (A) groundwater;
       (B) surface water;
       (C) effluent; and
       (D) Colorado River water.
       (65) Water right.--The term ``water right'' means any right 
     in or to groundwater, surface water, effluent, or Colorado 
     River water under Federal, State, or other law.

     SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI TRIBE WATER 
                   RIGHTS SETTLEMENT AGREEMENT.

       (a) Ratification.--
       (1) In general.--Except as modified by this Act and to the 
     extent the Hualapai Tribe water rights settlement agreement 
     does not conflict with this Act, the Hualapai Tribe water 
     rights settlement agreement is authorized, ratified, and 
     confirmed.
       (2) Amendments.--If an amendment to the Hualapai Tribe 
     water rights settlement agreement, or to any exhibit attached 
     to the Hualapai Tribe water rights settlement agreement 
     requiring the signature of the Secretary, is executed in 
     accordance with this Act to make the Hualapai Tribe water 
     rights settlement agreement consistent with this Act, the 
     amendment is authorized, ratified, and confirmed, to the 
     extent the amendment is consistent with this Act.
       (b) Execution.--
       (1) In general.--To the extent the Hualapai Tribe water 
     rights settlement agreement does not conflict with this Act, 
     the Secretary shall execute the Hualapai Tribe water rights 
     settlement agreement, including all exhibits to, or parts of, 
     the Hualapai Tribe water rights settlement agreement 
     requiring the signature of the Secretary.
       (2) Modifications.--Nothing in this Act prohibits the 
     Secretary from approving any modification to an appendix or 
     exhibit to the Hualapai Tribe water rights settlement 
     agreement that is consistent with this Act, to the extent the 
     modification does not otherwise require congressional 
     approval under section 2116 of the Revised Statutes (25 
     U.S.C. 177) or any other applicable provision of Federal law.
       (c) Environmental Compliance.--
       (1) In general.--In implementing the Hualapai Tribe water 
     rights settlement agreement (including all exhibits to the 
     Hualapai Tribe water rights settlement agreement requiring 
     the signature of the Secretary) and this Act, the Secretary 
     shall comply with all applicable provisions of--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (C) all other applicable Federal environmental laws and 
     regulations.
       (2) Compliance.--
       (A) In general.--In implementing the Hualapai Tribe water 
     rights settlement agreement and this Act, the Hualapai Tribe 
     shall prepare any necessary environmental documents, 
     consistent with all applicable provisions of--
       (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (iii) all other applicable Federal environmental laws and 
     regulations.
       (B) Authorizations.--The Secretary shall--
       (i) independently evaluate the documentation submitted 
     under subparagraph (A); and
       (ii) be responsible for the accuracy, scope, and contents 
     of that documentation.
       (3) Effect of execution.--The execution of the Hualapai 
     Tribe water rights settlement agreement by the Secretary 
     under this section shall not constitute a major action for 
     purposes of the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).

     SEC. 5. WATER RIGHTS.

       (a) Water Rights To Be Held in Trust.--
       (1) Hualapai tribe.--The United States shall hold the 
     following water rights in trust for the benefit of the 
     Hualapai Tribe:
       (A) The water rights for the Hualapai Reservation described 
     in subparagraph 4.2 of the Hualapai Tribe water rights 
     settlement agreement.
       (B) The water rights for Hualapai trust land described in 
     subparagraph 4.4 of the Hualapai Tribe water rights 
     settlement agreement.
       (C) The water rights described in section 12(e)(2) for any 
     land taken into trust by the United States for the benefit of 
     the Hualapai Tribe--
       (i) after the Enforceability Date; and
       (ii) in accordance with section 12(e)(1).
       (D) All Hualapai Tribe CAP water.
       (2) Allottees.--The United States shall hold in trust for 
     the benefit of the allottees all water rights for the 
     allotments described in subparagraph 4.3.2 of the Hualapai 
     Tribe water rights settlement agreement.
       (b) Forfeiture and Abandonment.--The following water rights 
     shall not be subject to loss through non-use, forfeiture, 
     abandonment, or other operation of law:
       (1) The water rights for the Hualapai Reservation described 
     in subparagraph 4.2 of the Hualapai Tribe water rights 
     settlement agreement.
       (2) The water rights for Hualapai trust land described in 
     subparagraph 4.4 of the Hualapai Tribe water rights 
     settlement agreement.
       (3) Any Colorado River water entitlement purchased by the 
     Hualapai Tribe wholly or substantially with amounts in the 
     Economic Development Fund described in section 8.1 of the 
     Amended and Restated Hualapai Tribe Bill Williams River Water 
     Rights Settlement Agreement.
       (c) Alienation.--Any Colorado River water entitlement 
     purchased by the Hualapai Tribe wholly or substantially with 
     amounts in the Economic Development Fund described in section 
     8.1 of the Amended and Restated Hualapai Tribe Bill Williams 
     River Water Rights Settlement Agreement shall be restricted 
     against permanent alienation by the Hualapai Tribe.
       (d) Hualapai Tribe Cap Water.--The Hualapai Tribe shall 
     have the right to divert, use, and store the Hualapai Tribe 
     CAP water in accordance with section 13.
       (e) Colorado River Water Entitlements.--
       (1) Uses.--The Hualapai Tribe shall have the right to use 
     any Colorado River water entitlement purchased by or donated 
     to the Hualapai Tribe at the location to which the 
     entitlement is appurtenant on the date on which the 
     entitlement is purchased or donated.
       (2) Storage.--
       (A) In general.--Subject to paragraphs (3) and (5), the 
     Hualapai Tribe may store Colorado River water available under 
     any Colorado River water entitlement purchased by or donated 
     to the Hualapai Tribe at underground storage facilities or 
     groundwater savings facilities located within the State and 
     in accordance with State law.
       (B) Assignments.--The Hualapai Tribe may assign any long-
     term storage credits accrued as a result of storage under 
     subparagraph (A) in accordance with State law.
       (3) Transfers.--The Hualapai Tribe may transfer the 
     entitlement for use or storage under paragraph (1) or (2), 
     respectively, to another location within the State, including 
     the Hualapai Reservation, in accordance with the Hualapai 
     Tribe water rights settlement agreement and all applicable 
     Federal

[[Page S7295]]

     and State laws governing the transfer of Colorado River water 
     entitlements within the State.
       (4) Leases.--The Hualapai Tribe may lease any Colorado 
     River water entitlement for use or storage under paragraph 
     (1) or (2), respectively, to a water user within the State, 
     in accordance with the Hualapai Tribe water rights settlement 
     agreement and all applicable Federal and State laws governing 
     the transfer of Colorado River water entitlements within the 
     State.
       (5) Transports.--The Hualapai Tribe, or any person who 
     leases a Colorado River water entitlement from the Hualapai 
     Tribe under paragraph (4), may transport Colorado River water 
     available under the Colorado River water entitlement through 
     the Central Arizona Project in accordance with all laws of 
     the United States and the agreements between the United 
     States and the Central Arizona Water Conservation District 
     governing the use of the Central Arizona Project to transport 
     water other than CAP water.
       (f) Use Off-Reservation.--No water rights to groundwater 
     under the Hualapai Reservation or Hualapai trust land, or to 
     surface water on the Hualapai Reservation or Hualapai trust 
     land, may be sold, leased, transferred, or used outside the 
     boundaries of the Hualapai Reservation or Hualapai trust 
     land, other than under an exchange.
       (g) Groundwater Transportation.--
       (1) Fee land.--Groundwater may be transported in accordance 
     with State law away from Hualapai fee land and away from land 
     acquired in fee by the Hualapai Tribe, including by a 
     tribally owned corporation, after the Enforceability Date.
       (2) Land added to hualapai reservation.--Groundwater may be 
     transported in accordance with State law away from land added 
     to the Hualapai Reservation by sections 11 and 12 to other 
     land within the Hualapai Reservation.

     SEC. 6. HUALAPAI WATER TRUST FUND ACCOUNT; CONSTRUCTION OF 
                   HUALAPAI WATER PROJECT; FUNDING.

       (a) Hualapai Water Trust Fund Account.--
       (1) Establishment.--The Secretary shall establish a trust 
     fund account, to be known as the ``Hualapai Water Trust Fund 
     Account'', to be managed, invested, and distributed by the 
     Secretary and to remain available until expended, withdrawn, 
     or reverted to the general fund of the Treasury, consisting 
     of the amounts deposited in the Hualapai Water Trust Fund 
     Account under paragraph (2), together with any interest 
     earned on those amounts, for the purposes of carrying out 
     this Act.
       (2) Deposits.--The Secretary shall deposit in the Hualapai 
     Water Trust Fund Account the amounts made available pursuant 
     to section 7(a)(1).
       (3) Management and interest.--
       (A) Management.--On receipt and deposit of funds into the 
     Hualapai Water Trust Fund Account, the Secretary shall 
     manage, invest, and distribute all amounts in the Hualapai 
     Water Trust Fund Account in a manner that is consistent with 
     the investment authority of the Secretary under--
       (i) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (ii) the American Indian Trust Fund Management Reform Act 
     of 1994 (25 U.S.C. 4001 et seq.); and
       (iii) this subsection.
       (B) Investment earnings.--In addition to the deposits made 
     to the Hualapai Water Trust Fund Account under paragraph (2), 
     any investment earnings, including interest, credited to 
     amounts held in the Hualapai Water Trust Fund Account are 
     authorized to be used in accordance with paragraph (7).
       (4) Availability of amounts.--
       (A) In general.--Amounts appropriated to, and deposited in, 
     the Hualapai Water Trust Fund Account, including any 
     investment earnings, shall be made available to the Hualapai 
     Tribe by the Secretary beginning on the Enforceability Date, 
     subject to the requirements of this section.
       (B) Use.--Notwithstanding subparagraph (A), amounts 
     deposited in the Hualapai Water Trust Fund Account shall be 
     available to the Hualapai Tribe on the date on which the 
     amounts are deposited for environmental compliance, as 
     provided in section 8.
       (5) Withdrawals.--
       (A) Withdrawals under the american indian trust fund 
     management reform act of 1994.--
       (i) In general.--The Hualapai Tribe may withdraw any 
     portion of the amounts in the Hualapai Water Trust Fund 
     Account on approval by the Secretary of a Tribal management 
     plan submitted by the Tribe in accordance with the American 
     Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
     4001 et seq.).
       (ii) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the Tribal management plan under 
     this subparagraph shall require that the Hualapai Tribe spend 
     all amounts withdrawn from the Hualapai Water Trust Fund 
     Account and any investment earnings accrued through the 
     investments under the Tribal management plan in accordance 
     with this Act.
       (iii) Enforcement.--The Secretary may carry out such 
     judicial and administrative actions as the Secretary 
     determines to be necessary to enforce the Tribal management 
     plan under this subparagraph to ensure that amounts withdrawn 
     by the Hualapai Tribe from the Hualapai Water Trust Fund 
     Account under clause (i) are used in accordance with this 
     Act.
       (B) Withdrawals under expenditure plan.--
       (i) In general.--The Hualapai Tribe may submit to the 
     Secretary a request to withdraw funds from the Hualapai Water 
     Trust Fund Account pursuant to an approved expenditure plan.
       (ii) Requirements.--To be eligible to withdraw amounts 
     under an expenditure plan under this subparagraph, the 
     Hualapai Tribe shall submit to the Secretary an expenditure 
     plan for any portion of the Hualapai Water Trust Fund Account 
     that the Hualapai Tribe elects to withdraw pursuant to this 
     subparagraph, subject to the condition that the amounts shall 
     be used for the purposes described in this Act.
       (iii) Inclusions.--An expenditure plan under this 
     subparagraph shall include a description of the manner and 
     purpose for which the amounts proposed to be withdrawn from 
     the Hualapai Water Trust Fund Account will be used by the 
     Hualapai Tribe, in accordance with paragraph (7).
       (iv) Approval.--The Secretary shall approve an expenditure 
     plan submitted under clause (ii) if the Secretary determines 
     that the plan--

       (I) is reasonable; and
       (II) is consistent with, and will be used for, the purposes 
     of this Act.

       (v) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce an expenditure plan to ensure that 
     amounts disbursed under this subparagraph are used in 
     accordance with this Act.
       (6) Effect of title.--Nothing in this section gives the 
     Hualapai Tribe the right to judicial review of a 
     determination of the Secretary relating to whether to approve 
     a Tribal management plan under paragraph (5)(A) or an 
     expenditure plan under paragraph (5)(B) except under 
     subchapter II of chapter 5, and chapter 7, of title 5, United 
     States Code (commonly known as the ``Administrative Procedure 
     Act'').
       (7) Uses.--Amounts from the Hualapai Water Trust Fund 
     Account shall be used by the Hualapai Tribe--
       (A) to plan, design, construct, and conduct related 
     activities, including compliance with Federal environmental 
     laws under section 8, the Hualapai Water Project, which shall 
     be designed to divert, treat, and convey up to 3,414 AFY of 
     water from the Colorado River in the lower basin in the 
     State, including locations on or directly adjacent to the 
     Hualapai Reservation, for municipal, commercial, and 
     industrial uses on the Hualapai Reservation;
       (B) to perform OM&R on the Hualapai Water Project;
       (C) to construct facilities to transport electrical power 
     to pump water for the Hualapai Water Project;
       (D) to construct, repair, and replace such infrastructure 
     as may be necessary for groundwater wells on the Hualapai 
     Reservation and to construct infrastructure for delivery and 
     use of such groundwater on the Hualapai Reservation;
       (E) to acquire land, interests in land, and water rights 
     outside the exterior boundaries of the Hualapai Reservation 
     that are located in the Truxton Basin;
       (F) to reimburse the Hualapai Tribe for any--
       (i) planning, design, and engineering costs associated with 
     the Hualapai Water Project that the Hualapai Tribe incurs 
     using Tribal funds during the period--

       (I) beginning on the date of enactment of this Act; and
       (II) ending on the Enforceability Date; and

       (ii) construction costs associated with the Hualapai Water 
     Project that the Hualapai Tribe incurs using Tribal funds 
     during the period--

       (I) beginning on the date on which the Secretary issues a 
     record of decision; and
       (II) ending on the Enforceability Date; and

       (G) to make contributions to the Economic Development Fund 
     described in section 8.1 of the Amended and Restated Hualapai 
     Tribe Bill Williams River Water Rights Settlement Agreement 
     for the purpose of purchasing additional Colorado River water 
     entitlements and appurtenant land.
       (8) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Hualapai Water 
     Trust Fund Account by the Hualapai Tribe under paragraph (5).
       (9) Title to infrastructure.--Title to, control over, and 
     operation of any project constructed using funds from the 
     Hualapai Water Trust Fund Account shall remain in the 
     Hualapai Tribe.
       (10) OM&R.--All OM&R costs of any project constructed using 
     funds from the Hualapai Water Trust Fund Account shall be the 
     responsibility of the Hualapai Tribe.
       (11) No per capita distributions.--No portion of the 
     Hualapai Water Trust Fund Account shall be distributed on a 
     per capita basis to any member of the Hualapai Tribe.
       (12) Expenditure reports.--The Hualapai Tribe shall 
     annually submit to the Secretary an expenditure report 
     describing accomplishments and amounts spent from use of 
     withdrawals under a Tribal management plan or an expenditure 
     plan under this Act.
       (b) Hualapai Water Settlement Implementation Fund 
     Account.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a nontrust, interest-bearing account, to be

[[Page S7296]]

     known as the ``Hualapai Water Settlement Implementation Fund 
     Account'' (referred to in this subsection as the 
     ``Implementation Fund Account'') to be managed and 
     distributed by the Secretary, for use by the Secretary for 
     carrying out this Act.
       (2) Deposits.--The Secretary shall deposit in the 
     Implementation Fund Account the amounts made available 
     pursuant to section 7(a)(2).
       (3) Uses.--The Implementation Fund Account shall be used by 
     the Secretary to carry out section 15(c), including for 
     groundwater monitoring in the Truxton Basin.
       (4) Interest.--In addition to the deposits under paragraph 
     (2), any investment earnings, including interest, credited to 
     amounts unexpended in the Implementation Fund Account are 
     authorized to be appropriated to be used in accordance with 
     paragraph (3).

     SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Authorizations.--
       (1) Hualapai water trust fund account.--There is authorized 
     to be appropriated to the Secretary for deposit in the 
     Hualapai Water Trust Fund Account $ 180,000,000  312,000,000, 
     to be available until expended, withdrawn, or reverted to the 
     general fund of the Treasury.
       (2) Hualapai water settlement implementation fund 
     account.--There is authorized to be appropriated to the 
     Secretary for deposit in the Hualapai Water Settlement 
     Implementation Fund account established by section 6(b)(1) 
     $5,000,000.
       (b) Fluctuation in Costs.--
       (1) In general.--The amount authorized to be appropriated 
     under subsection (a)(1) shall be increased or decreased, as 
     appropriate, by such amounts as may be justified by reason of 
     ordinary fluctuations in costs occurring after the date of 
     enactment of this Act, as indicated by the Bureau of 
     Reclamation Construction Cost Index--Composite Trend.
       (2) Construction costs adjustment.--The amount authorized 
     to be appropriated under subsection (a)(1) shall be adjusted 
     to address construction cost changes necessary to account for 
     unforeseen market volatility that may not otherwise be 
     captured by engineering cost indices as determined by the 
     Secretary, including repricing applicable to the types of 
     construction and current industry standards involved.
       (3) Repetition.--The adjustment process under this 
     subsection shall be repeated for each subsequent amount 
     appropriated until the amount authorized, as adjusted, has 
     been appropriated.
       (4) Period of indexing.--The period of indexing adjustment 
     for any increment of funding shall end on the date on which 
     the funds are deposited in the Hualapai Water Trust Fund 
     Account.

     SEC. 8. ENVIRONMENTAL COMPLIANCE.

       (a) In General.--Effective beginning on the date of deposit 
     of funds in the Hualapai Water Trust Fund Account, the 
     Hualapai Tribe may commence any environmental, cultural, and 
     historical compliance activities necessary to implement the 
     Hualapai Tribe water rights settlement agreement and this 
     Act, including activities necessary to comply with all 
     applicable provisions of--
       (1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (2) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), including the implementing regulations 
     of that Act; and
       (3) all other applicable Federal environmental or 
     historical and cultural protection laws and regulations.
       (b) No Effect on Outcome.--Nothing in this Act affects or 
     directs the outcome of any analysis under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
     any other applicable Federal environmental or historical and 
     cultural protection law.
       (c) Compliance Costs.--Any costs associated with the 
     performance of the compliance activities under subsection (a) 
     shall be paid from funds deposited in the Hualapai Water 
     Trust Fund Account, subject to the condition that any costs 
     associated with the performance of Federal approval or other 
     review of such compliance work or costs associated with 
     inherently Federal functions shall remain the responsibility 
     of the Secretary.
       (d) Record of Decision.--Construction of the Hualapai Water 
     Project shall not commence until the Secretary issues a 
     record of decision after completion of an environmental 
     impact statement for the Hualapai Water Project.
       (e) Construction Costs.--Any costs of construction incurred 
     by the Hualapai Tribe during the period beginning on the date 
     on which the Secretary issues a record of decision and ending 
     on the Enforceability Date shall be paid by the Hualapai 
     Tribe and not from funds deposited in the Hualapai Water 
     Trust Fund Account, subject to the condition that, pursuant 
     to section 6(a)(7)(F), the Hualapai Tribe may be reimbursed 
     after the Enforceability Date from the Hualapai Water Trust 
     Fund Account for any such costs of construction incurred by 
     the Hualapai Tribe prior to the Enforceability Date.

     SEC. 9. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.

       (a) Waivers and Releases of Claims by the Hualapai Tribe.--
       (1) Claims against the state and others.--
       (A) In general.--Except as provided in subparagraph (C), 
     the Hualapai Tribe, on behalf of the Hualapai Tribe and the 
     members of the Hualapai Tribe (but not members in the 
     capacity of the members as allottees) and the United States, 
     acting as trustee for the Hualapai Tribe and the members of 
     the Hualapai Tribe (but not members in the capacity of the 
     members as allottees), as part of the performance of the 
     respective obligations of the Hualapai Tribe and the United 
     States under the Hualapai Tribe water rights settlement 
     agreement and this Act, are authorized to execute a waiver 
     and release of any claims against the State (or any agency or 
     political subdivision of the State) and any other individual, 
     entity, corporation, or municipal corporation under Federal, 
     State, or other law for all--
       (i) past, present, and future claims for water rights, 
     including rights to Colorado River water, for Hualapai land, 
     arising from time immemorial and, thereafter, forever;
       (ii) past, present, and future claims for water rights, 
     including rights to Colorado River water, arising from time 
     immemorial and, thereafter, forever, that are based on the 
     aboriginal occupancy of land by the Hualapai Tribe, the 
     predecessors of the Hualapai Tribe, the members of the 
     Hualapai Tribe, or predecessors of the members of the 
     Hualapai Tribe;
       (iii) past and present claims for injury to water rights, 
     including injury to rights to Colorado River water, for 
     Hualapai land, arising from time immemorial through the 
     Enforceability Date;
       (iv) past, present, and future claims for injury to water 
     rights, including injury to rights to Colorado River water, 
     arising from time immemorial and, thereafter, forever, that 
     are based on the aboriginal occupancy of land by the Hualapai 
     Tribe, the predecessors of the Hualapai Tribe, the members of 
     the Hualapai Tribe, or predecessors of the members of the 
     Hualapai Tribe;
       (v) claims for injury to water rights, including injury to 
     rights to Colorado River water, arising after the 
     Enforceability Date, for Hualapai land, resulting from the 
     off-reservation diversion or use of surface water, Colorado 
     River water, or effluent in a manner not in violation of the 
     Hualapai Tribe water rights settlement agreement or State 
     law;
       (vi) past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Hualapai Tribe water rights settlement 
     agreement, any judgment or decree approving or incorporating 
     the Hualapai Tribe water rights settlement agreement, or this 
     Act;
       (vii) claims for water rights of the Hualapai Tribe or the 
     United States, acting as trustee for the Hualapai Tribe and 
     members of the Hualapai Tribe, with respect to Parcel 3, in 
     excess of 300 AFY;
       (viii) claims for injury to water rights arising after the 
     Enforceability Date for Hualapai land resulting from the off-
     reservation diversion or use of groundwater from--

       (I) any well constructed outside of the Truxton Basin on or 
     before the date of enactment of this Act;
       (II) any well constructed outside of the Truxton Basin, and 
     not more than 2 miles from the exterior boundaries of the 
     Hualapai Reservation, after the date of enactment of this Act 
     if--

       (aa) the well was constructed to replace a well in 
     existence on the date of enactment of this Act;
       (bb) the replacement well was constructed within 660 feet 
     of the well being replaced; and
       (cc) the pumping capacity and case diameter of the 
     replacement well do not exceed the pumping capacity and case 
     diameter of the well being replaced; or

       (III) any well constructed outside the Truxton Basin, and 
     not less than 2 miles from the exterior boundaries of the 
     Hualapai Reservation, after the date of enactment of this 
     Act, subject to the condition that the authorizations and 
     restrictions regarding the location, size, and operation of 
     wells in the Bill Williams River watershed set forth in the 
     Bill Williams agreements and the Bill Williams Act, and the 
     waivers of claims in the Bill Williams agreements and the 
     Bill Williams Act, shall continue to apply to the parties to 
     the Bill Williams agreements, notwithstanding the provisions 
     of this subsection; and

       (ix) claims for injury to water rights arising after the 
     Enforceability Date, for Hualapai land, resulting from the 
     off-reservation diversion or use of groundwater in the 
     Truxton Basin from--

       (I) any well constructed within the Truxton Basin for 
     domestic purposes or stock watering--

       (aa) on or before the date on which the Secretary provides 
     written notice to the State pursuant to section 15(c)(2); or
       (bb) after the date on which the Secretary provides written 
     notice to the State pursuant to that section if--
       (AA) the well was constructed to replace a well in 
     existence on the date on which the notice was provided;
       (BB) the replacement well was constructed within 660 feet 
     of the well being replaced; and
       (CC) the pumping capacity and case diameter of the 
     replacement well do not exceed the pumping capacity and case 
     diameter of the well being replaced; and

       (II) any well constructed within the Truxton Basin for 
     purposes other than domestic purposes or stock watering--

       (aa) on or before the date of enactment of this Act;
       (bb) after the date of enactment of this Act if the 
     Secretary has not provided written notice to the State 
     pursuant to section 15(c)(2); or

[[Page S7297]]

       (cc) after the date of enactment of this Act if the 
     Secretary has provided written notice to the State pursuant 
     to section 15(c)(2) and if--
       (AA) the well was constructed to replace a well in 
     existence on the on which date the notice was provided;
       (BB) the replacement well was constructed within 660 feet 
     of the well being replaced; and
       (CC) the pumping capacity and case diameter of the 
     replacement well do not exceed the pumping capacity and case 
     diameter of the well being replaced.
       (B) Effective date.--The waiver and release of claims 
     described in subparagraph (A) shall take effect on the 
     Enforceability Date.
       (C) Reservation of rights and retention of claims.--
     Notwithstanding the waiver and release of claims described in 
     subparagraph (A), the Hualapai Tribe, acting on behalf of the 
     Hualapai Tribe and the members of the Hualapai Tribe, and the 
     United States, acting as trustee for the Hualapai Tribe and 
     the members of the Hualapai Tribe (but not members in the 
     capacity of the members as allottees), shall retain any 
     right--
       (i) subject to subparagraph 12.7 of the Hualapai Tribe 
     water rights settlement agreement, to assert claims for 
     injuries to, and seek enforcement of, the rights of the 
     Hualapai Tribe under the Hualapai Tribe water rights 
     settlement agreement or this Act in any Federal or State 
     court of competent jurisdiction;
       (ii) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hualapai Tribe under any judgment or 
     decree approving or incorporating the Hualapai Tribe water 
     rights settlement agreement;
       (iii) to assert claims for water rights based on State law 
     for land owned or acquired by the Hualapai Tribe in fee, 
     under subparagraph 4.8 of the Hualapai Tribe water rights 
     settlement agreement;
       (iv) to object to any claims for water rights or injury to 
     water rights by or for any Indian Tribe or the United States, 
     acting on behalf of any Indian Tribe;
       (v) to assert past, present, or future claims for injury to 
     water rights against any Indian Tribe or the United States, 
     acting on behalf of any Indian Tribe;
       (vi) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hualapai Tribe under the Bill Williams 
     agreements or the Bill Williams Act in any Federal or State 
     court of competent jurisdiction;
       (vii) subject to paragraphs (1), (3), (4), and (5) of 
     section 5(e), to assert the rights of the Hualapai Tribe 
     under any Colorado River water entitlement purchased by or 
     donated to the Hualapai Tribe; and
       (viii) to assert claims for injury to water rights arising 
     after the Enforceability Date for Hualapai land resulting 
     from any off-reservation diversion or use of groundwater, 
     without regard to quantity, from--

       (I) any well constructed after the date of enactment of 
     this Act outside of the Truxton Basin and not more than 2 
     miles from the exterior boundaries of the Hualapai 
     Reservation, except a replacement well described in 
     subparagraph (A)(viii)(II), subject to the authorizations and 
     restrictions regarding the location, size, and operation of 
     wells in the Bill Williams River watershed, and the waivers 
     of claims, set forth in the Bill Williams agreements and the 
     Bill Williams Act;
       (II) any well constructed within the Truxton Basin for 
     domestic purposes or stock watering after the date on which 
     the Secretary has provided written notice to the State 
     pursuant to section 15(c)(2), except for a replacement well 
     described in subparagraph (A)(ix)(I)(bb); and
       (III) any well constructed within the Truxton Basin for 
     purposes other than domestic purposes or stock watering after 
     the date of enactment of this Act, if the Secretary has 
     provided notice to the State pursuant to section 15(c)(2), 
     except for a replacement well as described in subparagraph 
     (A)(ix)(II)(cc).

       (2) Claims against united states.--
       (A) In general.--Except as provided in subparagraph (C), 
     the Hualapai Tribe, acting on behalf of the Hualapai Tribe 
     and the members of the Hualapai Tribe (but not members in the 
     capacity of the members as allottees) as part of the 
     performance of the obligations of the Hualapai Tribe under 
     the Hualapai Tribe water rights settlement agreement and this 
     Act, is authorized to execute a waiver and release of all 
     claims against the United States, including agencies, 
     officials, and employees of the United States, under Federal, 
     State, or other law for all--
       (i) past, present, and future claims for water rights, 
     including rights to Colorado River water, for Hualapai land, 
     arising from time immemorial and, thereafter, forever;
       (ii) past, present, and future claims for water rights, 
     including rights to Colorado River water, arising from time 
     immemorial and, thereafter, forever, that are based on the 
     aboriginal occupancy of land by the Hualapai Tribe, the 
     predecessors of the Hualapai Tribe, the members of the 
     Hualapai Tribe, or predecessors of the members of the 
     Hualapai Tribe;
       (iii) past and present claims relating in any manner to 
     damages, losses, or injury to water rights (including injury 
     to rights to Colorado River water), land, or other resources 
     due to loss of water or water rights (including damages, 
     losses, or injuries to hunting, fishing, gathering, or 
     cultural rights due to loss of water or water rights, claims 
     relating to interference with, diversion, or taking of water, 
     or claims relating to the failure to protect, acquire, or 
     develop water, water rights, or water infrastructure) within 
     the State that first accrued at any time prior to the 
     Enforceability Date;
       (iv) past and present claims for injury to water rights, 
     including injury to rights to Colorado River water, for 
     Hualapai land, arising from time immemorial through the 
     Enforceability Date;
       (v) past, present, and future claims for injury to water 
     rights, including injury to rights to Colorado River water, 
     arising from time immemorial and, thereafter, forever, that 
     are based on the aboriginal occupancy of land by the Hualapai 
     Tribe, the predecessors of the Hualapai Tribe, the members of 
     the Hualapai Tribe, or predecessors of the members of the 
     Hualapai Tribe;
       (vi) claims for injury to water rights, including injury to 
     rights to Colorado River water, arising after the 
     Enforceability Date for Hualapai land, resulting from the 
     off-reservation diversion or use of surface water, Colorado 
     River water, or effluent in a manner not in violation of the 
     Hualapai Tribe water rights settlement agreement or State 
     law;
       (vii) past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Hualapai Tribe water rights settlement 
     agreement, any judgment or decree approving or incorporating 
     the Hualapai Tribe water rights settlement agreement, or this 
     Act;
       (viii) claims for injury to water rights arising after the 
     Enforceability Date for Hualapai land resulting from the off-
     Reservation diversion or use of groundwater from--

       (I) any well constructed on public domain land outside of 
     the Truxton Basin on or before the date of enactment of this 
     Act;
       (II) any well constructed on public domain land outside of 
     the Truxton Basin, and not more than 2 miles from the 
     exterior boundaries of the Hualapai Reservation, after the 
     date of enactment of this Act if--

       (aa) the well was constructed to replace a well in 
     existence on the date of enactment of this Act;
       (bb) the replacement well was constructed within 660 feet 
     of the well being replaced; and
       (cc) the pumping capacity and case diameter of the 
     replacement well do not exceed the pumping capacity and case 
     diameter of the well being replaced; or

       (III) any well constructed on public domain land outside of 
     the Truxton Basin, and not less than 2 miles from the 
     exterior boundaries of the Hualapai Reservation, after the 
     date of enactment of this Act, subject to the condition that 
     the authorizations and restrictions regarding the location, 
     size, and operation of wells in the Bill Williams River 
     watershed set forth in the Bill Williams agreements and the 
     Bill Williams Act, and the waivers of claims in the Bill 
     Williams agreements and the Bill Williams Act, shall continue 
     to apply to the parties to the Bill Williams agreements, 
     notwithstanding the provisions of this subsection; and

       (ix) claims for injury to water rights arising after the 
     Enforceability Date for Hualapai land resulting from the off-
     reservation diversion or use of groundwater in the Truxton 
     Basin from--

       (I) any well constructed on public domain land within the 
     Truxton Basin for domestic purposes or stock watering--

       (aa) on or before the date on which the Secretary provides 
     written notice to the State pursuant to section 15(c)(2); or
       (bb) after the date on which the Secretary provides written 
     notice to the State pursuant to that section if--
       (AA) the well was constructed to replace a well in 
     existence on the date on which the notice was provided;
       (BB) the replacement well was constructed within 660 feet 
     of the well being replaced; and
       (CC) the pumping capacity and case diameter of the 
     replacement well do not exceed the pumping capacity and case 
     diameter of the well being replaced; and

       (II) any well constructed on public domain land within the 
     Truxton Basin for purposes other than domestic purposes or 
     stock watering--

       (aa) on or before the date of enactment of this Act;
       (bb) after the date of enactment of this Act if the 
     Secretary has not provided written notice to the State 
     pursuant to section 15(c)(2); or
       (cc) after the date of enactment of this Act if the 
     Secretary has provided written notice to the State pursuant 
     to section 15(c)(2) and if--
       (AA) the well was constructed to replace a well in 
     existence on the date on which the notice was provided;
       (BB) the replacement well was constructed within 660 feet 
     of the well being replaced; and
       (CC) the pumping capacity and case diameter of the 
     replacement well do not exceed the pumping capacity and case 
     diameter of the well being replaced.
       (B) Effective date.--The waiver and release of claims 
     described in subparagraph (A) shall take effect on the 
     Enforceability Date.
       (C) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in subparagraph (A), the Hualapai 
     Tribe and the members of the Hualapai Tribe

[[Page S7298]]

     (but not members in the capacity of the members as allottees) 
     shall retain any right--
       (i) subject to subparagraph 12.7 of the Hualapai Tribe 
     water rights settlement agreement, to assert claims for 
     injuries to, and seek enforcement of, the rights of the 
     Hualapai Tribe under the Hualapai Tribe water rights 
     settlement agreement or this Act in any Federal or State 
     court of competent jurisdiction;
       (ii) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hualapai Tribe under any judgment or 
     decree approving or incorporating the Hualapai Tribe water 
     rights settlement agreement;
       (iii) to assert claims for water rights based on State law 
     for land owned or acquired by the Hualapai Tribe in fee under 
     subparagraph 4.8 of the Hualapai Tribe water rights 
     settlement agreement;
       (iv) to object to any claims for water rights or injury to 
     water rights by or for any Indian Tribe or the United States, 
     acting on behalf of any Indian Tribe;
       (v) to assert past, present, or future claims for injury to 
     water rights against any Indian Tribe or the United States, 
     acting on behalf of any Indian Tribe;
       (vi) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hualapai Tribe under the Bill Williams 
     agreements or the Bill Williams Act in any Federal or State 
     court of competent jurisdiction;
       (vii) subject to paragraphs (1), (3), (4), and (5) of 
     section 5(e), to assert the rights of the Hualapai Tribe 
     under any Colorado River water entitlement purchased by or 
     donated to the Hualapai Tribe; and
       (viii) to assert any claims for injury to water rights 
     arising after the Enforceability Date for Hualapai land 
     resulting from any off-reservation diversion or use of 
     groundwater, without regard to quantity, from--

       (I) any well constructed after the date of enactment of 
     this Act on public domain land outside of the Truxton Basin 
     and not more than 2 miles from the exterior boundaries of the 
     Hualapai Reservation, except for a replacement well described 
     in subparagraph (A)(viii)(II), subject to the authorizations 
     and restrictions regarding the location, size, and operation 
     of wells in the Bill Williams River watershed, and the 
     waivers of claims, set forth in the Bill Williams agreements 
     and the Bill Williams Act;
       (II) any well constructed on public domain land within the 
     Truxton Basin for domestic purposes or stock watering after 
     the date on which the Secretary has provided written notice 
     to the State pursuant to section 15(c)(2), except for a 
     replacement well described in subparagraph (A)(ix)(I)(bb); 
     and
       (III) any well constructed on public domain land within the 
     Truxton Basin for purposes other than domestic purposes or 
     stock watering after the date of enactment of this Act, if 
     the Secretary has provided notice to the State pursuant to 
     section 15(c)(2), except for a replacement well as described 
     in subparagraph (A)(ix)(II)(cc).

       (b) Waivers and Releases of Claims by United States, Acting 
     as Trustee for Allottees.--
       (1) In general.--Except as provided in paragraph (3), the 
     United States, acting as trustee for the allottees of the 
     Hualapai Tribe, as part of the performance of the obligations 
     of the United States under the Hualapai Tribe water rights 
     settlement agreement and this Act, is authorized to execute a 
     waiver and release of any claims against the State (or any 
     agency or political subdivision of the State), the Hualapai 
     Tribe, and any other individual, entity, corporation, or 
     municipal corporation under Federal, State, or other law, for 
     all--
       (A) past, present, and future claims for water rights, 
     including rights to Colorado River water, for the allotments, 
     arising from time immemorial and, thereafter, forever;
       (B) past, present, and future claims for water rights, 
     including rights to Colorado River water, arising from time 
     immemorial and, thereafter, forever, that are based on the 
     aboriginal occupancy of land by the allottees or predecessors 
     of the allottees;
       (C) past and present claims for injury to water rights, 
     including injury to rights to Colorado River water, for the 
     allotments, arising from time immemorial through the 
     Enforceability Date;
       (D) past, present, and future claims for injury to water 
     rights, if any, including injury to rights to Colorado River 
     water, arising from time immemorial and, thereafter, forever, 
     that are based on the aboriginal occupancy of land by the 
     allottees or predecessors of the allottees;
       (E) claims for injury to water rights, including injury to 
     rights to Colorado River water, arising after the 
     Enforceability Date, for the allotments, resulting from the 
     off-reservation diversion or use of water in a manner not in 
     violation of the Hualapai Tribe water rights settlement 
     agreement or State law;
       (F) past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Hualapai Tribe water rights settlement 
     agreement, any judgment or decree approving or incorporating 
     the Hualapai Tribe water rights settlement agreement, or this 
     Act; and
       (G) claims for any water rights of the allottees or the 
     United States acting as trustee for the allottees with 
     respect to--
       (i) Parcel 1, in excess of 82 AFY; or
       (ii) Parcel 2, in excess of 312 AFY.
       (2) Effective date.--The waiver and release of claims under 
     paragraph (1) shall take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1), the United 
     States, acting as trustee for the allottees of the Hualapai 
     Tribe, shall retain any right--
       (A) subject to subparagraph 12.7 of the Hualapai Tribe 
     water rights settlement agreement, to assert claims for 
     injuries to, and seek enforcement of, the rights of the 
     allottees, if any, under the Hualapai Tribe water rights 
     settlement agreement or this Act in any Federal or State 
     court of competent jurisdiction;
       (B) to assert claims for injuries to, and seek enforcement 
     of, the rights of the allottees under any judgment or decree 
     approving or incorporating the Hualapai Tribe water rights 
     settlement agreement;
       (C) to object to any claims for water rights or injury to 
     water rights by or for--
       (i) any Indian Tribe other than the Hualapai Tribe; or
       (ii) the United States, acting on behalf of any Indian 
     Tribe other than the Hualapai Tribe;
       (D) to assert past, present, or future claims for injury to 
     water rights against--
       (i) any Indian Tribe other than the Hualapai Tribe; or
       (ii) the United States, acting on behalf of any Indian 
     Tribe other than the Hualapai Tribe; and
       (E) to assert claims for injuries to, and seek enforcement 
     of, the rights of the allottees under the Bill Williams 
     agreements or the Bill Williams Act in any Federal or State 
     court of competent jurisdiction.
       (c) Waiver and Release of Claims by United States Against 
     Hualapai Tribe.--
       (1) In general.--Except as provided in paragraph (3), the 
     United States, in all capacities (except as trustee for an 
     Indian Tribe other than the Hualapai Tribe), as part of the 
     performance of the obligations of the United States under the 
     Hualapai Tribe water rights settlement agreement and this 
     Act, is authorized to execute a waiver and release of all 
     claims against the Hualapai Tribe, the members of the 
     Hualapai Tribe, or any agency, official, or employee of the 
     Hualapai Tribe, under Federal, State or any other law for 
     all--
       (A) past and present claims for injury to water rights, 
     including injury to rights to Colorado River water, resulting 
     from the diversion or use of water on Hualapai land arising 
     from time immemorial through the Enforceability Date;
       (B) claims for injury to water rights, including injury to 
     rights to Colorado River water, arising after the 
     Enforceability Date, resulting from the diversion or use of 
     water on Hualapai land in a manner that is not in violation 
     of the Hualapai Tribe water rights settlement agreement or 
     State law; and
       (C) past, present, and future claims arising out of, or 
     related in any manner to, the negotiation, execution, or 
     adoption of the Hualapai Tribe water rights settlement 
     agreement, any judgment or decree approving or incorporating 
     the Hualapai Tribe water rights settlement agreement, or this 
     Act.
       (2) Effective date.--The waiver and release of claims under 
     paragraph (1) shall take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1), the United 
     States shall retain any right to assert any claim not 
     expressly waived in accordance with that paragraph, including 
     any right to assert a claim for injury to, and seek 
     enforcement of, any right of the United States under the Bill 
     Williams agreements or the Bill Williams Act, in any Federal 
     or State court of competent jurisdiction.
       (d) Bill Williams River Phase 2 Water Rights Settlement 
     Agreement Waiver, Release, and Retention of Claims.--
       (1) Claims against freeport.--
       (A) In general.--Except as provided in subparagraph (C), 
     the United States, acting solely on behalf of the Department 
     of the Interior (including the Bureau of Land Management and 
     the United States Fish and Wildlife Service), as part of the 
     performance of the obligations of the United States under the 
     Bill Williams River phase 2 water rights settlement 
     agreement, is authorized to execute a waiver and release of 
     all claims of the United States against Freeport under 
     Federal, State, or any other law for--
       (i) any past or present claim for injury to water rights 
     resulting from--

       (I) the diversion or use of water by Freeport pursuant to 
     the water rights described in Exhibit 4.1(ii) to the Bill 
     Williams River phase 2 water rights settlement agreement; and
       (II) any other diversion or use of water for mining 
     purposes authorized by the Bill Williams River phase 2 water 
     rights settlement agreement;

       (ii) any claim for injury to water rights arising after the 
     Bill Williams River Phase 2 Enforceability Date resulting 
     from--

       (I) the diversion or use of water by Freeport pursuant to 
     the water rights described in Exhibit 4.1(ii) to the Bill 
     Williams River phase 2 water rights settlement agreement in a 
     manner not in violation of the Bill Williams River phase 2 
     water rights settlement agreement;
       (II) the diversion of up to 2,500 AFY of water by Freeport 
     from Sycamore Creek as permitted by section 4.3(iv) of the 
     Bill Williams River phase 2 water rights settlement 
     agreement; and

[[Page S7299]]

       (III) any other diversion or use of water by Freeport 
     authorized by the Bill Williams River phase 2 water rights 
     settlement agreement, subject to the condition that such a 
     diversion and use of water is conducted in a manner not in 
     violation of the Bill Williams River phase 2 water rights 
     settlement agreement; and

       (iii) any past, present, or future claim arising out of, or 
     relating in any manner to, the negotiation or execution of 
     the Bill Williams River phase 2 water rights settlement 
     agreement, the Hualapai Tribe water rights settlement 
     agreement, or this Act.
       (B) Effective date.--The waiver and release of claims under 
     subparagraph (A) shall take effect on the Bill Williams River 
     Phase 2 Enforceability Date.
       (C) Retention of claims.--The United States shall retain 
     all rights not expressly waived in the waiver and release of 
     claims under subparagraph (A), including, subject to section 
     6.4 of the Bill Williams River phase 2 water rights 
     settlement agreement, the right to assert a claim for injury 
     to, and seek enforcement of, the Bill Williams River phase 2 
     water rights settlement agreement or this Act, in any Federal 
     or State court of competent jurisdiction (but not a Tribal 
     court).
       (2) No precedential effect.--
       (A) Pending and future proceedings.--The Bill Williams 
     River phase 2 water rights settlement agreement shall have no 
     precedential effect in any other administrative or judicial 
     proceeding, including--
       (i) any pending or future general stream adjudication, or 
     any other litigation involving Freeport or the United States, 
     including any proceeding to establish or quantify a Federal 
     reserved water right;
       (ii) any pending or future administrative or judicial 
     proceeding relating to an application--

       (I) to appropriate water (for instream flow or other 
     purposes);
       (II) to sever and transfer a water right;
       (III) to change a point of diversion; or
       (IV) to change a place of use for any water right; and

       (iii) any proceeding regarding water rights or a claim 
     relating to any Federal land.
       (B) No methodology or standard.--Nothing in the Bill 
     Williams River phase 2 water rights settlement agreement 
     establishes any standard or methodology to be used for the 
     quantification of any claim to water rights (whether based on 
     Federal or State law) in any judicial or administrative 
     proceeding, other than a proceeding to enforce the terms of 
     the Bill Williams River phase 2 water rights settlement 
     agreement.

     SEC. 10. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.

       (a) Hualapai Tribe and Members.--
       (1) In general.--The benefits realized by the Hualapai 
     Tribe and the members of the Hualapai Tribe (but not members 
     in the capacity of the members as allottees) under the 
     Hualapai Tribe water rights settlement agreement, this Act, 
     the Bill Williams agreements, and the Bill Williams Act shall 
     be in full satisfaction of all claims of the Hualapai Tribe, 
     the members of the Hualapai Tribe, and the United States, 
     acting in the capacity of the United States as trustee for 
     the Hualapai Tribe and the members of the Hualapai Tribe, for 
     water rights and injury to water rights under Federal, State, 
     or other law with respect to Hualapai land.
       (2) Satisfaction.--Any entitlement to water of the Hualapai 
     Tribe and the members of the Hualapai Tribe (but not members 
     in the capacity of the members as allottees) or the United 
     States, acting in the capacity of the United States as 
     trustee for the Hualapai Tribe and the members of the 
     Hualapai Tribe (but not members in the capacity of the 
     members as allottees), for Hualapai land shall be satisfied 
     out of the water resources and other benefits granted, 
     confirmed, quantified, or recognized by the Hualapai Tribe 
     water rights settlement agreement, this Act, the Bill 
     Williams agreements, and the Bill Williams Act to or for the 
     Hualapai Tribe, the members of the Hualapai Tribe (but not 
     members in the capacity of the members as allottees), and the 
     United States, acting in the capacity of the United States as 
     trustee for the Hualapai Tribe and the members of the 
     Hualapai Tribe (but not members in the capacity of the 
     members as allottees).
       (b) Allottee Water Claims.--
       (1) In general.--The benefits realized by the allottees of 
     the Hualapai Tribe under the Hualapai Tribe water rights 
     settlement agreement, this Act, the Bill Williams agreements, 
     and the Bill Williams Act shall be in complete replacement of 
     and substitution for, and full satisfaction of, all claims 
     with respect to allotments of the allottees and the United 
     States, acting in the capacity of the United States as 
     trustee for the allottees, for water rights and injury to 
     water rights under Federal, State, or other law.
       (2) Satisfaction.--Any entitlement to water of the 
     allottees or the United States, acting in the capacity of the 
     United States as trustee for the allottees, for allotments 
     shall be satisfied out of the water resources and other 
     benefits granted, confirmed, or recognized by the Hualapai 
     Tribe water rights settlement agreement, this Act, the Bill 
     Williams agreements, and the Bill Williams Act to or for the 
     allottees and the United States, acting as trustee for the 
     allottees.
       (c) Effect.--Notwithstanding subsections (a) and (b), 
     nothing in this Act or the Hualapai Tribe water rights 
     settlement agreement--
       (1) recognizes or establishes any right of a member of the 
     Hualapai Tribe or an allottee to water on Hualapai land; or
       (2) prohibits the Hualapai Tribe or an allottee from 
     acquiring additional water rights by purchase of land, 
     credits, or water rights.

     SEC. 11. LAND ADDED TO HUALAPAI RESERVATION.

       The following land in the State is added to the Hualapai 
     Reservation:
       (1) Public law 93-560.--The land held in trust by the 
     United States for the Hualapai Tribe pursuant to the first 
     section of Public Law 93-560 (88 Stat. 1820).
       (2) 1947 judgment.--The land deeded to the United States in 
     the capacity of the United States as trustee for the Hualapai 
     Tribe pursuant to the 1947 judgment.
       (3) Truxton triangle.--That portion of the S\1/2\ sec. 3, 
     lying south of the south boundary of the Hualapai Reservation 
     and north of the north right-of-way boundary of Arizona 
     Highway 66, and bounded by the west section line of that sec. 
     3 and the south section line of that sec. 3, T. 24 N., R. 12 
     W., Gila and Salt River Base and Meridian, Mohave County, 
     Arizona.
       (4) Hunt parcel 4.--SW\1/4\NE\1/4\ sec. 7, T. 25 N., R. 13 
     W., Gila and Salt River Base and Meridian, Mohave County, 
     Arizona.
       (5) Hunt parcels 1 and 2.--In T. 26 N., R. 14 W., Gila and 
     Salt River Base and Meridian, Mohave County, Arizona--
       (A) NE\1/4\SW\1/4\ sec. 9; and
       (B) NW\1/4\SE\1/4\ sec. 27.
       (6) Hunt parcel 3.--SW\1/4\NE\1/4\ sec. 25, T. 27 N., R. 15 
     W., Gila and Salt River Base and Meridian, Mohave County, 
     Arizona.
       (7) Hunt parcel 5.--In sec. 1, T. 25 N., R. 14 W., Gila and 
     Salt River Base and Meridian, Mohave County, Arizona--
       (A) SE\1/4\;
       (B) E\1/2\SW\1/4\; and
       (C) SW\1/4\SW\1/4\.
       (8) Valentine cemetery parcel.--W\1/2\W\1/4\SW\1/4\ W\1/
     2\NW\1/4\SW\1/4\ sec. 22, T. 23 N., R. 13 W., Gila and Salt 
     River Base and Meridian, Mohave County, Arizona, excepting 
     and reserving to the United States a right-of-way for ditches 
     or canals constructed by the authority of the United States, 
     pursuant to the Act of August 30, 1890 (43 U.S.C. 945).

     SEC. 12. TRUST LAND.

       (a) Land To Be Taken Into Trust.--
       (1) In general.--On the date of enactment of this Act, the 
     Secretary is authorized and directed to take legal title to 
     the land described in paragraph (2) and hold such land in 
     trust for the benefit of the Hualapai Tribe.
       (2) Cholla canyon ranch parcels.--The land referred to in 
     paragraph (1) is, in T. 16 N., R. 13 W., Gila and Salt River 
     Base and Meridian, Mohave County, Arizona--
       (A) SW\1/4\ sec. 25; and
       (B) NE\1/4\ and NE\1/4\ SE\1/4\ sec. 35.
       (b) Reservation Status.--The land taken into trust under 
     subsection (a) shall be part of the Hualapai Reservation and 
     administered in accordance with the laws and regulations 
     generally applicable to land held in trust by the United 
     States for an Indian Tribe.
       (c) Valid Existing Rights.--The land taken into trust under 
     subsection (a) shall be subject to valid existing rights, 
     including easements, rights-of-way, contracts, and management 
     agreements.
       (d) Limitations.--Nothing in subsection (a) affects--
       (1) any water right of the Hualapai Tribe in existence 
     under State law before the date of enactment of this Act; or
       (2) any right or claim of the Hualapai Tribe to any land or 
     interest in land in existence before the date of enactment of 
     this Act.
       (e) Future Trust Land.--
       (1) New statutory requirement.--Effective beginning on the 
     date of enactment of this Act, and except as provided in 
     subsection (a), any land located in the State outside the 
     exterior boundaries of the Hualapai Reservation may only be 
     taken into trust by the United States for the benefit of the 
     Hualapai Tribe by an Act of Congress--
       (A) that specifically authorizes the transfer of the land 
     for the benefit of the Hualapai Tribe; and
       (B) the date of enactment of which is after the date of 
     enactment of this Act.
       (2) Water rights.--Any land taken into trust for the 
     benefit of the Hualapai Tribe under paragraph (1)--
       (A) shall include water rights only under State law; and
       (B) shall not include any federally reserved water rights.

     SEC. 13. REALLOCATION OF CAP NIA PRIORITY WATER; FIRMING; 
                   WATER DELIVERY CONTRACT; COLORADO RIVER 
                   ACCOUNTING.

       (a) Reallocation to the Hualapai Tribe.--On the 
     Enforceability Date, the Secretary shall reallocate to the 
     Hualapai Tribe the Hualapai Tribe CAP water.
       (b) Firming.--
       (1) Hualapai tribe cap water.--Except as provided in 
     subsection (c)(2)(H), the Hualapai Tribe CAP water shall be 
     firmed as follows:
       (A) In accordance with section 105(b)(1)(B) of the Central 
     Arizona Project Settlement Act of 2004 (Public Law 108-451; 
     118 Stat. 3492), for the 100-year period beginning on January 
     1, 2008, the Secretary shall firm 557.50 AFY of the Hualapai 
     Tribe CAP water to the equivalent of CAP M&I priority water.
       (B) In accordance with section 105(b)(2)(B) of the Central 
     Arizona Project Settlement Act of 2004 (Public Law 108-451; 
     118 Stat. 3492), for the 100-year period beginning on January 
     1, 2008, the State shall firm 557.50 AFY of the Hualapai 
     Tribe CAP water to the equivalent of CAP M&I priority water.

[[Page S7300]]

       (2) Additional firming.--The Hualapai Tribe may, at the 
     expense of the Hualapai Tribe, take additional actions to 
     firm or supplement the Hualapai Tribe CAP water, including by 
     entering into agreements for that purpose with the Central 
     Arizona Water Conservation District, the Arizona Water 
     Banking Authority, or any other lawful authority, in 
     accordance with State law.
       (c) Hualapai Tribe Water Delivery Contract.--
       (1) In general.--In accordance with the Hualapai Tribe 
     water rights settlement agreement and the requirements 
     described in paragraph (2), the Secretary shall enter into 
     the Hualapai Tribe water delivery contract.
       (2) Requirements.--The requirements referred to in 
     paragraph (1) are the following:
       (A) In general.--The Hualapai Tribe water delivery contract 
     shall--
       (i) be for permanent service (as that term is used in 
     section 5 of the Boulder Canyon Project Act (43 U.S.C. 
     617d));
       (ii) take effect on the Enforceability Date; and
       (iii) be without limit as to term.
       (B) Hualapai tribe cap water.--
       (i) In general.--The Hualapai Tribe CAP water may be 
     delivered for use in the lower basin in the State through--

       (I) the Hualapai Water Project; or
       (II) the CAP system.

       (ii) Method of delivery.--The Secretary shall authorize the 
     delivery of Hualapai Tribe CAP water under this subparagraph 
     to be effected by the diversion and use of water directly 
     from the Colorado River in the State.
       (C) Contractual delivery.--The Secretary shall deliver the 
     Hualapai Tribe CAP water to the Hualapai Tribe in accordance 
     with the terms and conditions of the Hualapai Tribe water 
     delivery contract.
       (D) Distribution of cap nia priority water.--
       (i) In general.--Except as provided in clause (ii), if, for 
     any year, the available CAP supply is insufficient to meet 
     all demands under CAP contracts and CAP subcontracts for the 
     delivery of CAP NIA priority water, the Secretary and the CAP 
     operating agency shall prorate the available CAP NIA priority 
     water among the CAP contractors and CAP subcontractors 
     holding contractual entitlements to CAP NIA priority water on 
     the basis of the quantity of CAP NIA priority water used by 
     each such CAP contractor and CAP subcontractor in the last 
     year in which the available CAP supply was sufficient to fill 
     all orders for CAP NIA priority water.
       (ii) Exception.--

       (I) In general.--Notwithstanding clause (i), if the 
     available CAP supply is insufficient to meet all demands 
     under CAP contracts and CAP subcontracts for the delivery of 
     CAP NIA priority water in the year following the year in 
     which the Enforceability Date occurs, the Secretary shall 
     assume that the Hualapai Tribe used the full volume of 
     Hualapai Tribe CAP water in the last year in which the 
     available CAP supply was sufficient to fill all orders for 
     CAP NIA priority water.
       (II) Continuation.--The assumption described in subclause 
     (I) shall continue until the available CAP supply is 
     sufficient to meet all demands under CAP contracts and CAP 
     subcontracts for the delivery of CAP NIA priority water.
       (III) Determination.--The Secretary shall determine the 
     quantity of CAP NIA priority water used by the Gila River 
     Indian Community and the Tohono O'odham Nation in the last 
     year in which the available CAP supply was sufficient to fill 
     all orders for CAP NIA priority water in a manner consistent 
     with the settlement agreements with those Tribes.

       (E) Leases and exchanges of hualapai tribe cap water.--On 
     and after the date on which the Hualapai Tribe water delivery 
     contract becomes effective, the Hualapai Tribe may, with the 
     approval of the Secretary, enter into contracts or options to 
     lease, or contracts or options to exchange, the Hualapai 
     Tribe CAP water within the lower basin in the State, and not 
     in Navajo, Apache, or Cochise Counties, providing for the 
     temporary delivery to other persons of any portion of 
     Hualapai Tribe CAP water.
       (F) Term of leases and exchanges.--
       (i) Leasing.--Contracts or options to lease under 
     subparagraph (E) shall be for a term of not more than 100 
     years.
       (ii) Exchanging.--Contracts or options to exchange under 
     subparagraph (E) shall be for the term provided for in the 
     contract or option, as applicable.
       (iii) Renegotiation.--The Hualapai Tribe may, with the 
     approval of the Secretary, renegotiate any lease described in 
     subparagraph (E), at any time during the term of the lease, 
     if the term of the renegotiated lease does not exceed 100 
     years.
       (G) Prohibition on permanent alienation.--No Hualapai Tribe 
     CAP water may be permanently alienated.
       (H) No firming of leased water.--The firming obligations 
     described in subsection (b)(1) shall not apply to any 
     Hualapai Tribe CAP water leased by the Hualapai Tribe to 
     another person.
       (I) Entitlement to lease and exchange funds; obligations of 
     united states.--
       (i) Entitlement.--

       (I) In general.--The Hualapai Tribe shall be entitled to 
     all consideration due to the Hualapai Tribe under any 
     contract to lease, option to lease, contract to exchange, or 
     option to exchange the Hualapai Tribe CAP water entered into 
     by the Hualapai Tribe.
       (II) Exclusion.--The United States shall not, in any 
     capacity, be entitled to the consideration described in 
     subclause (I).

       (ii) Obligations of united states.--The United States shall 
     not, in any capacity, have any trust or other obligation to 
     monitor, administer, or account for, in any manner, any funds 
     received by the Hualapai Tribe as consideration under any 
     contract to lease, option to lease, contract to exchange, or 
     option to exchange the Hualapai Tribe CAP water entered into 
     by the Hualapai Tribe, except in a case in which the Hualapai 
     Tribe deposits the proceeds of any lease, option to lease, 
     contract to exchange, or option to exchange into an account 
     held in trust for the Hualapai Tribe by the United States.
       (J) Water use and storage.--
       (i) In general.--The Hualapai Tribe may use the Hualapai 
     Tribe CAP water on or off the Hualapai Reservation within the 
     lower basin in the State for any purpose.
       (ii) Storage.--The Hualapai Tribe, in accordance with State 
     law, may store the Hualapai Tribe CAP water at 1 or more 
     underground storage facilities or groundwater savings 
     facilities, subject to the condition that, if the Hualapai 
     Tribe stores Hualapai Tribe CAP water that has been firmed 
     pursuant to subsection (b)(1), the stored water may only be--

       (I) used by the Hualapai Tribe; or
       (II) exchanged by the Hualapai Tribe for water that will be 
     used by the Hualapai Tribe.

       (iii) Assignment.--The Hualapai Tribe, in accordance with 
     State law, may assign any long-term storage credit accrued as 
     a result of storage described in clause (ii), subject to the 
     condition that the Hualapai Tribe shall not assign any long-
     term storage credit accrued as a result of the storage of 
     Hualapai Tribe CAP water that has been firmed pursuant to 
     subsection (b)(1).
       (K) Use outside state.--The Hualapai Tribe may not use, 
     lease, exchange, forbear, or otherwise transfer any Hualapai 
     Tribe CAP water for use directly or indirectly outside of the 
     lower basin in the State.
       (L) Cap fixed om&r charges.--
       (i) In general.--The CAP operating agency shall be paid the 
     CAP fixed OM&R charges associated with the delivery of all 
     Hualapai Tribe CAP water.
       (ii) Payment of charges.--Except as provided in 
     subparagraph (O), all CAP fixed OM&R charges associated with 
     the delivery of the Hualapai Tribe CAP water to the Hualapai 
     Tribe shall be paid by--

       (I) the Secretary, pursuant to section 403(f)(2)(A) of the 
     Colorado River Basin Project Act (43 U.S.C. 1543(f)(2)(A)), 
     subject to the condition that funds for that payment are 
     available in the Lower Colorado River Basin Development Fund; 
     and
       (II) if the funds described in subclause (I) become 
     unavailable, the Hualapai Tribe.

       (M) Cap pumping energy charges.--
       (i) In general.--The CAP operating agency shall be paid the 
     CAP pumping energy charges associated with the delivery of 
     Hualapai Tribe CAP water only in cases in which the CAP 
     system is used for the delivery of that water.
       (ii) Payment of charges.--Except for CAP water not 
     delivered through the CAP system, which does not incur a CAP 
     pumping energy charge, or water delivered to other persons as 
     described in subparagraph (O), any applicable CAP pumping 
     energy charges associated with the delivery of the Hualapai 
     Tribe CAP water shall be paid by the Hualapai Tribe.
       (N) Waiver of property tax equivalency payments.--No 
     property tax or in-lieu property tax equivalency shall be due 
     or payable by the Hualapai Tribe for the delivery of CAP 
     water or for the storage of CAP water in an underground 
     storage facility or groundwater savings facility.
       (O) Lessee responsibility for charges.--
       (i) In general.--Any lease or option to lease providing for 
     the temporary delivery to other persons of any Hualapai Tribe 
     CAP water shall require the lessee to pay the CAP operating 
     agency all CAP fixed OM&R charges and all CAP pumping energy 
     charges associated with the delivery of the leased water.
       (ii) No responsibility for payment.--Neither the Hualapai 
     Tribe nor the United States in any capacity shall be 
     responsible for the payment of any charges associated with 
     the delivery of the Hualapai Tribe CAP water leased to other 
     persons.
       (P) Advance payment.--No Hualapai Tribe CAP water shall be 
     delivered unless the CAP fixed OM&R charges and any 
     applicable CAP pumping energy charges associated with the 
     delivery of that water have been paid in advance.
       (Q) Calculation.--The charges for delivery of the Hualapai 
     Tribe CAP water pursuant to the Hualapai Tribe water delivery 
     contract shall be calculated in accordance with the CAP 
     repayment stipulation.
       (R) Cap repayment.--For purposes of determining the 
     allocation and repayment of costs of any stages of the CAP 
     system constructed after November 21, 2007, the costs 
     associated with the delivery of the Hualapai Tribe CAP water, 
     regardless of whether the Hualapai Tribe CAP water is 
     delivered for use by the Hualapai Tribe or in accordance with 
     any lease, option to lease, exchange, or option to exchange 
     providing for the delivery to other persons of the Hualapai 
     Tribe CAP water, shall be--
       (i) nonreimbursable; and
       (ii) excluded from the repayment obligation of the Central 
     Arizona Water Conservation District.

[[Page S7301]]

       (S) Nonreimbursable cap construction costs.--
       (i) In general.--With respect to the costs associated with 
     the construction of the CAP system allocable to the Hualapai 
     Tribe--

       (I) the costs shall be nonreimbursable; and
       (II) the Hualapai Tribe shall have no repayment obligation 
     for the costs.

       (ii) Capital charges.--No CAP water service capital charges 
     shall be due or payable for the Hualapai Tribe CAP water, 
     regardless of whether the Hualapai Tribe CAP water is 
     delivered--

       (I) for use by the Hualapai Tribe; or
       (II) under any lease, option to lease, exchange, or option 
     to exchange entered into by the Hualapai Tribe.

       (d) Colorado River Accounting.--All Hualapai Tribe CAP 
     water diverted directly from the Colorado River shall be 
     accounted for as deliveries of CAP water within the State.

     SEC. 14. ENFORCEABILITY DATE.

       (a) In General.--Except as provided in subsection (d), the 
     Hualapai Tribe water rights settlement agreement, including 
     the waivers and releases of claims described in section 9, 
     shall take effect and be fully enforceable on the date on 
     which the Secretary publishes in the Federal Register a 
     statement of findings that--
       (1) to the extent the Hualapai Tribe water rights 
     settlement agreement conflicts with this Act--
       (A) the Hualapai Tribe water rights settlement agreement 
     has been revised through an amendment to eliminate the 
     conflict; and
       (B) the revised Hualapai Tribe water rights settlement 
     agreement, including any exhibits requiring execution by any 
     party to the Hualapai Tribe water rights settlement 
     agreement, has been executed by the required party;
       (2) the waivers and releases of claims described in section 
     9 have been executed by the Hualapai Tribe and the United 
     States;
       (3) the abstracts referred to in subparagraphs 4.8.1.2, 
     4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights 
     settlement agreement have been completed by the Hualapai 
     Tribe;
       (4) the full amount described in section 7(a)(1), as 
     adjusted by section 7(b), has been deposited in the Hualapai 
     Water Trust Fund Account;
       (5) the Gila River adjudication decree has been approved by 
     the Gila River adjudication court substantially in the form 
     of the judgment and decree attached to the Hualapai Tribe 
     water rights settlement agreement as Exhibit 3.1.43, as 
     amended to ensure consistency with this Act; and
       (6) the Secretary has executed the Hualapai Tribe water 
     delivery contract described in section 13(c).; and
       (7) the Secretary has issued the record of decision 
     required by section 8(d).
       (b) Repeal on Failure To Meet Enforceability Date.--
       (1) In general.--Except as provided in paragraph (2), if 
     the Secretary fails to publish in the Federal Register a 
     statement of findings under subsection (a) by April 15, 2029, 
     or such alternative later date as may be agreed to by the 
     Hualapai Tribe, the Secretary, and the State--
       (A) this Act is repealed;
       (B) any action taken by the Secretary and any contract or 
     agreement entered into pursuant to this Act shall be void; 
     and
       (C) any amounts appropriated under section 7, together with 
     any investment earnings on those amounts, less any amounts 
     expended under section 6(a)(4)(B), shall revert immediately 
     to the general fund of the Treasury.
       (2) Severability.--Notwithstanding paragraph (1), if the 
     Secretary fails to publish in the Federal Register a 
     statement of findings under subsection (a) by April 15, 2029, 
     or such alternative later date as may be agreed to by the 
     Hualapai Tribe, the Secretary, and the State, section 11 and 
     subsections (a), (b), (c), and (d) of section 12 shall remain 
     in effect.
       (c) Right To Offset.--If the Secretary has not published in 
     the Federal Register the statement of findings under 
     subsection (a) by April 15, 2029, or such alternative later 
     date as may be agreed to by the Hualapai Tribe, the 
     Secretary, and the State, the United States shall be entitled 
     to offset any Federal amounts made available under section 
     6(a)(4)(B) that were used or authorized for any use under 
     that section against any claim asserted by the Hualapai Tribe 
     against the United States described in section 9(a)(2)(A).
       (d) Bill Williams River Phase 2 Enforceability Date.--
     Notwithstanding any other provision of this Act, the Bill 
     Williams River phase 2 water rights settlement agreement 
     (including the waivers and releases described in section 9(d) 
     of this Act and section 5 of the Bill Williams River phase 2 
     water rights settlement agreement) shall take effect and 
     become enforceable among the parties to the Bill Williams 
     River phase 2 water rights settlement agreement on the date 
     on which all of the following conditions have occurred:
       (1) The Hualapai Tribe water rights settlement agreement 
     becomes enforceable pursuant to subsection (a).
       (2) Freeport has submitted to the Arizona Department of 
     Water Resources a conditional withdrawal of any objection to 
     the Bill Williams River watershed instream flow applications 
     pursuant to section 4.4(i) of the Bill Williams River phase 2 
     water rights settlement agreement, which withdrawal shall 
     take effect on the Bill Williams River Phase 2 Enforceability 
     Date described in this subsection.
       (3) Not later than the Enforceability Date, the Arizona 
     Department of Water Resources has issued an appealable, 
     conditional decision and order for the Bill Williams River 
     watershed instream flow applications pursuant to section 
     4.4(iii) of the Bill Williams River phase 2 water rights 
     settlement agreement, which order shall become nonconditional 
     and effective on the Bill Williams River Phase 2 
     Enforceability Date described in this subsection.
       (4) The conditional decision and order described in 
     paragraph (3)--
       (A) becomes final; and
       (B) is not subject to any further appeal.

     SEC. 15. ADMINISTRATION.

       (a) Limited Waiver of Sovereign Immunity.--
       (1) Waiver.--
       (A) In general.--In any circumstance described in paragraph 
     (2)--
       (i) the United States or the Hualapai Tribe may be joined 
     in the action described in the applicable subparagraph of 
     that paragraph; and
       (ii) subject to subparagraph (B), any claim by the United 
     States or the Hualapai Tribe to sovereign immunity from the 
     action is waived.
       (B) Limitation.--A waiver under subparagraph (A)(ii)--
       (i) shall only be for the limited and sole purpose of the 
     interpretation or enforcement of--

       (I) this Act;
       (II) the Hualapai Tribe water rights settlement agreement, 
     as ratified by this Act; or
       (III) the Bill Williams River phase 2 water right 
     settlement agreement, as ratified by this Act; and

       (ii) shall not include any award against the United States 
     or the Hualapai Tribe for money damages, court costs, or 
     attorney fees.
       (2) Circumstances described.--A circumstance referred to in 
     paragraph (1)(A) is any of the following:
       (A) Any party to the Hualapai Tribe water rights settlement 
     agreement--
       (i) brings an action in any court of competent jurisdiction 
     relating only and directly to the interpretation or 
     enforcement of--

       (I) this Act; or
       (II) the Hualapai Tribe water rights settlement agreement; 
     and

       (ii) names the United States or the Hualapai Tribe as a 
     party in that action.
       (B) Any landowner or water user in the Verde River 
     Watershed--
       (i) brings an action in any court of competent jurisdiction 
     relating only and directly to the interpretation or 
     enforcement of--

       (I) paragraph 10.0 of the Hualapai Tribe water rights 
     settlement agreement;
       (II) Exhibit 3.1.43 to the Hualapai Tribe water rights 
     settlement agreement; or
       (III) section 9; and

       (ii) names the United States or the Hualapai Tribe as a 
     party in that action.
       (C) Any party to the Bill Williams River phase 2 settlement 
     agreement--
       (i) brings an action in any court of competent jurisdiction 
     relating only and directly to the interpretation or 
     enforcement of--

       (I) this Act; or
       (II) the Bill Williams River phase 2 settlement agreement; 
     and

       (ii) names the United States or the Hualapai Tribe as a 
     party in that action.
       (b) Effect on Current Law.--Nothing in this section alters 
     the law with respect to pre-enforcement review of Federal 
     environmental or safety-related enforcement actions.
       (c) Basin Groundwater Withdrawal Estimates.--
       (1) Groundwater withdrawal estimates.--
       (A) In general.--Not later than 1 year of the date of 
     enactment of this Act, the Secretary, acting through the 
     United States Geological Survey Water Use Program, shall 
     issue an estimate for groundwater withdrawals in the Truxton 
     Basin outside the boundaries of the Hualapai Reservation.
       (B) Annual estimates.--Each year after publication of the 
     initial estimate required by subparagraph (A), the Secretary, 
     acting through the United States Geological Survey Water Use 
     Program, shall issue an estimate for groundwater withdrawals 
     in the Truxton Basin outside the boundaries of the Hualapai 
     Reservation until such time as the Secretary, after 
     consultation with the Hualapai Tribe, determines that annual 
     estimates are not warranted.
       (2) Notice to the state.--Based on the estimates under 
     paragraph (1), the Secretary shall notify the State, in 
     writing, if the total withdrawal of groundwater from the 
     Truxton Basin outside the boundaries of the Hualapai 
     Reservation exceeds the estimate prepared pursuant to that 
     paragraph by 3,000 or more AFY, exclusive of any diversion or 
     use of groundwater on Hualapai fee land and any land acquired 
     by the Hualapai Tribe, including by a tribally owned 
     corporation, in fee after the Enforceability Date.
       (d) Antideficiency.--Notwithstanding any authorization of 
     appropriations to carry out this Act, the United States shall 
     not be liable for any failure of the United States to carry 
     out any obligation or activity authorized by this Act 
     (including all agreements or exhibits ratified or confirmed 
     by this Act) if--
       (1) adequate appropriations are not provided expressly by 
     Congress to carry out the purposes of this Act; or
       (2) there are not enough monies available to carry out this 
     Act in the Lower Colorado River Basin Development Fund.

[[Page S7302]]

       (e) Application of Reclamation Reform Act of 1982.--The 
     Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) and 
     any other acreage limitation or full-cost pricing provision 
     of Federal law shall not apply to any person, entity, or 
     tract of land solely on the basis of--
       (1) receipt of any benefit under this Act;
       (2) execution or performance of this Act; or
       (3) the use, storage, delivery, lease, or exchange of CAP 
     water.
       (f) Effect.--
       (1) No modification or preemption of other law.--Unless 
     expressly provided in this Act, nothing in this Act modifies, 
     conflicts with, preempts, or otherwise affects--
       (A) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
       (B) the Boulder Canyon Project Adjustment Act (43 U.S.C. 
     618 et seq.);
       (C) the Act of April 11, 1956 (commonly known as the 
     ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
     seq.);
       (D) the Colorado River Basin Project Act (Public Law 90-
     537; 82 Stat. 885);
       (E) the Treaty between the United States of America and 
     Mexico respecting utilization of waters of the Colorado and 
     Tijuana Rivers and of the Rio Grande, signed at Washington 
     February 3, 1944 (59 Stat. 1219);
       (F) the Colorado River Compact;
       (G) the Upper Colorado River Basin Compact;
       (H) the Omnibus Public Land Management Act of 2009 (Public 
     Law 111-11; 123 Stat. 991); or
       (I) case law concerning water rights in the Colorado River 
     system other than any case to enforce the Hualapai Tribe 
     water rights settlement agreement or this Act.
       (2) Effect on agreements.--Nothing in this Act or the 
     Hualapai Tribe water rights settlement agreement limits the 
     right of the Hualapai Tribe to enter into any agreement for 
     the storage or banking of water in accordance with State law 
     with--
       (A) the Arizona Water Banking Authority (or a successor 
     agency or entity); or
       (B) any other lawful authority.
       (3) Effect of act.--Nothing in this Act--
       (A) quantifies or otherwise affects the water rights, 
     claims, or entitlements to water of any Indian Tribe other 
     than the Hualapai Tribe;
       (B) affects the ability of the United States to take action 
     on behalf of any Indian Tribe other than the Hualapai Tribe, 
     the members of the Hualapai Tribe, and the allottees; or
       (C) limits the right of the Hualapai Tribe to use any water 
     of the Hualapai Tribe in any location on the Hualapai 
     Reservation.

  Mr. SCHATZ. I ask unanimous consent that the committee-reported 
substitute amendment be withdrawn; the Schatz substitute amendment at 
the desk be agreed to; the bill, as amended, be considered read a third 
time and passed; and that the motion to reconsider be considered made 
and laid upon the table.
  PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 6547) in the nature of a substitute was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 4104), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  Mr. SCHATZ. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  (Mr. KELLY assumed the Chair.)
  (Mr. OSSOFF assumed the Chair.)
  Mr. KELLY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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