[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[House]
[Pages H9942-H9954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HUALAPAI TRIBE WATER RIGHTS SETTLEMENT ACT OF 2022
Mrs. PELTOLA. Mr. Speaker, I move to suspend the rules and pass the
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.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 4104
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``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.
(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.
[[Page H9943]]
(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.
(47) Hualapai water project.--The term ``Hualapai Water
Project'' means the project constructed in accordance with
section 6(a)(7)(A).
[[Page H9944]]
(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 and State laws governing the transfer of Colorado
River water entitlements within the State.
[[Page H9945]]
(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 appropriated 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.--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
known as the ``Hualapai Water Settlement
[[Page H9946]]
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 $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.
(3) Prohibition.--Notwithstanding any other provision of
law, any amounts made available under paragraph (1) or (2)
shall not be made available from the Reclamation Water
Settlements Fund established by section 10501(a) of the
Omnibus Public Land Management Act of 2009 (43 U.S.C.
407(a)).
(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--
[[Page H9947]]
(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 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.
[[Page H9948]]
(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 (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;
[[Page H9949]]
(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
(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\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.
[[Page H9950]]
(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.
(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
[[Page H9951]]
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.
(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).
(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--
[[Page H9952]]
(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.
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Alaska (Mrs. Peltola) and the gentleman from Arkansas (Mr. Westerman)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Alaska.
General Leave
Mrs. PELTOLA. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Alaska?
There was no objection.
Mrs. PELTOLA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 4104, the Hualapai Tribe Water
Rights Settlement Act introduced by Senator Sinema of Arizona.
Representative O'Halleran of Arizona has the House companion to this
legislation.
The bill would authorize and approve the Hualapai Tribe Water Rights
Settlement Agreement, quantifying the Tribe's rights to Colorado River
water.
The bill authorizes $312 million so that the Tribe can manage the
construction of a water supply project that will finally provide
reliable water supplies to the Hualapai Reservation.
Mr. Speaker, I urge my colleagues to vote ``yes'' on the bill, and I
reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I, again, rise in qualified support of the Hualapai
Tribe Water Rights Settlement Act. This bill would settle the Hualapai
Tribe's last water rights claims in Arizona pertaining to the Colorado
River Basin and the Verde River Basin. The first settlement, which only
focused on the Bill Williams River Basin, was completed in 2014.
Unlike the settlements passed in 2010, which often promised to
construct a specific water project for the Tribe to develop its water
rights, this is a fund-based legal settlement meant to provide finality
for all supplement parties. This would allow the Tribe to make its own
decisions regarding how, when, and where to develop water
infrastructure on its Reservation.
I have personally visited the Tribe and have seen firsthand how
important this settlement is to the Hualapai.
Unfortunately, the process by which this bill has moved through
Congress has been flawed from the beginning. During the Natural
Resources Committee's consideration, the Biden administration failed to
provide a witness with any knowledge of the settlement. Instead, it
submitted written testimony which afforded our members no opportunity
to engage in a discussion of the merits or concerns of the bill before
us today.
That hearing was as far as the bill went, as the majority chose not
to mark up the bill thereafter. Instead, we are considering a Senate
bill that was not even sent to the House with a bill report explaining
the reasons for changes the Senate made to the bill.
While the bill lacks a report to provide a legislative history, I am
pleased that the bill was amended to no longer include mandatory
funding, which addresses a principal concern of mine.
With respect to the legislative process, Congress can do better than
this, and the soon-to-be Republican majority will provide a more robust
process to consider these types of settlements, especially legislation
that authorizes Federal expenditures.
Congress needs to have answers from the administration on whether
expenditures will eliminate Federal legal and economic liability and
whether the proposed funding represents a net benefit to the American
taxpayer. Instead, at a hearing on this bill, the committee had a
``Weekend at Bernie's'' moment, having been presented with scripted
testimony by a witness unable to answer any questions.
It is Congress' responsibility to ensure that any Indian water right
settlement that we enact provides finality for the Tribe, the State of
Arizona, the water and power users, and the American taxpayers.
While the process by which this bill came before us today was deeply
flawed, this bill seeks to provide the finality that should be expected
from such legislation.
Despite my reservations over the process, or lack thereof, I join
with my Republican and Democrat colleagues from Arizona to urge
adoption of this bill. I look forward to continuing to work with
Senator Sinema on important issues like these.
Mr. Speaker, I urge adoption of this bill, and I yield back the
balance of my time.
Mrs. PELTOLA. Mr. Speaker, in closing, I have no further requests for
time. I urge my colleagues to support this legislation, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Alaska (Mrs. Peltola) that the House suspend the rules
and pass the bill, S. 4104.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
{time} 1600
DON YOUNG RECOGNITION ACT
Mrs. PELTOLA. Madam Speaker, I move to suspend the rules and pass the
bill (S. 5066) to designate Mount Young in the State of Alaska, and for
other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 5066
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Don Young Recognition Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on June 9, 1933, Donald Edwin Young was born to James
Young and Nora (Bucy) Young in Meridian, California;
(2) Don Young earned--
(A) an associate degree from Yuba Junior College; and
[[Page H9953]]
(B) a bachelor's degree in teaching from Chico State
University;
(3) from 1955 to 1957, Don Young began decades of service
to the United States when he served in the Army as part of
the 41st Tank Battalion;
(4) in 1959, Don Young moved to Alaska and found his true
home in the village of Fort Yukon, which is located 7 miles
above the Arctic Circle;
(5) Don Young met and married the first love of his life,
Lula ``Lu'' Young, in Fort Yukon;
(6) Don and Lu Young had--
(A) 2 wonderful daughters, Joni and Dawn (Sister); and
(B) 14 grandchildren;
(7) Don Young--
(A) taught fifth grade at a school run by the Bureau of
Indian Affairs during the winter; and
(B) during the warmer months, worked--
(i) in construction, mining, fishing, and trapping; and
(ii) as a tugboat captain;
(8) Don Young--
(A) was elected mayor of Fort Yukon in 1964; and
(B) served as mayor of Fort Yukon until 1967;
(9) Don Young was elected to and served in--
(A) the Alaska House of Representatives from 1967 to 1970;
and
(B) the Alaska State Senate from 1970 to 1973;
(10) Don Young--
(A) was elected to the House of Representatives in 1973 in
a special election; and
(B) served 24 additional consecutive terms in the House of
Representatives;
(11) Representative Don Young served as--
(A) the Chair of the Committee on Natural Resources of the
House of Representatives from 1995 to 2001; and
(B) the Chair of Committee on Transportation and
Infrastructure of the House of Representatives from 2001 to
2007;
(12) Representative Don Young was a champion for Alaska
Natives, including as Chair of the Subcommittee on Indian,
Insular and Alaska Native Affairs of the Committee on Natural
Resources of the House of Representatives;
(13) Representative Don Young--
(A) fiercely defended Alaska and Alaskans as the sole
Representative for the largest State in the United States;
and
(B) devoted himself to fulfilling the immense promise of
his home State;
(14) Representative Don Young was a leader in strengthening
the role of Alaska in providing for the national defense of
the United States through his--
(A) support for--
(i) the Coast Guard;
(ii) the Alaskan Command; and
(iii) the ballistic missile defense; and
(B) steadfast commitment to the leadership of the United
States in the Arctic;
(15) Representative Don Young--
(A) sponsored not fewer than 85 bills that were enacted
into Federal law; and
(B) sponsored and cosponsored many more measures that were
part of broader legislation;
(16) legislative achievements by Representative Don Young
span the policy spectrum, from authorizing the construction
of the Trans-Alaska Pipeline System to important amendments
and the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.);
(17) Representative Don Young authored and advocated for
generational laws, including--
(A) the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.) in 1975;
(B) the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) in 1976;
(C) the National Wildlife Refuge System Improvement Act of
1997 (Public Law 105-57; 111 Stat. 1252) in 1997;
(D) SAFETEA-LU (Public Law 109-59; 119 Stat. 1144) in 2005;
(E) the Multinational Species Conservation Funds
Reauthorization Act of 2007 (Public Law 110-132; 121 Stat.
1360) in 2007; and
(F) the Infrastructure Investment and Jobs Act (Public Law
117-58; 135 Stat. 429) in 2021;
(18) Representative Don Young--
(A) formed strong relationships and friendships with
Members of Congress on both sides of the aisle; and
(B) proudly worked with 10 different Presidents;
(19) in 2015, Representative Don Young married his second
love, Anne Garland Walton, in the United States Capitol;
(20) on December 5, 2017, Representative Don Young became
the 45th Dean of the House of Representatives, reflecting his
status as the most senior Member of the House of
Representatives;
(21) Representative Don Young was the longest-serving
Republican in the history of Congress; and
(22) Representative Don Young ultimately served the 49th
State with dedication and distinction for 49 years and 13
days, which is more than \3/4\ of the period during which
Alaska has been a State.
SEC. 3. DESIGNATION OF MOUNT YOUNG, ALASKA.
(a) Designation.--Not later than 30 days after the date of
enactment of this Act, the Board on Geographic Names shall
designate the 2,598-foot volcanic peak known as ``Mount
Cerberus'' located at 51.93569N, 179.5848E, on
Semisopochnoi Island in the State of Alaska as ``Mount
Young''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
mountain peak described in subsection (a) shall be deemed to
be a reference to ``Mount Young''.
SEC. 4. DESIGNATION OF DON YOUNG ALASKA JOB CORPS CENTER.
(a) Designation.--The Job Corps center located at 800 East
Lynn Martin Drive in Palmer, Alaska, shall be known and
designated as the ``Don Young Alaska Job Corps Center''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Job Corps center described in subsection (a) shall be deemed
to be a reference to the ``Don Young Alaska Job Corps
Center''.
SEC. 5. DESIGNATION OF DON YOUNG FEDERAL OFFICE BUILDING.
(a) Designation.--The Federal office building located at
101 12th Avenue in Fairbanks, Alaska, shall be known and
designated as the ``Don Young Federal Office Building''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Federal office building described in subsection (a) shall be
deemed to be a reference to the ``Don Young Federal Office
Building''.
The SPEAKER pro tempore (Ms. Chu). Pursuant to the rule, the
gentlewoman from Alaska (Mrs. Peltola) and the gentleman from Arkansas
(Mr. Westerman) each will control 20 minutes.
The Chair recognizes the gentlewoman from Alaska.
General Leave
Mrs. PELTOLA. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Alaska?
There was no objection.
Mrs. PELTOLA. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today in support of S. 5066, the Don Young
Recognition Act.
Don Young was a force of nature. He was so much to so many people.
For Alaskans, he was our sole Congressman for 49 years, a giant
fighting for the land and people he cherished--49 years for the 49th
State.
For his family, he was a father, grandfather, and husband with a
heart filled with love and stories.
For those in this body, he was a colleague quick to say yes to
cosponsor legislation and famous for making unexpected friendships.
Don was truly a man of the House of Representatives. It was
appropriate that, at the start of his lying in state at the Capitol,
his casket was processed up the House steps, and his service was held
in Statuary Hall, the old House floor.
I am glad that we are honoring him today at the conclusion of the
117th Congress, the final Congress in which he served, with this
celebration of his life.
This bill is a perfect tribute to him in many ways. It highlights
moments in his career, from his service in the Army, to his passing of
the trans-Alaska pipeline bill, to his work crafting the Magnuson-
Stevens fishery act, which started out on the House side and was then
called the Young-Buck act.
It is fitting that the bill names a volcano in Alaska after him. Don,
like the volcano, would often rumble and get heated.
Just like the volcanoes in Alaska, Don was very much a part of the
foundation of our State.
The bill also designates a Job Corps center in Palmer, the Don Young
Alaska Job Corps Center.
Don always spoke fondly about his time working construction in
Alaska, driving a D8 Caterpillar bulldozer, and he always looked out
for people who worked with their hands.
He was a champion for labor, and I think he would smile knowing that
this center, which uplifts future generations of Alaskan workers, bears
his name.
Lastly, this bill names a Federal building in Fairbanks after the
Congressman. This, too, is fitting as Don represented the Alaskan
interior during his time in the State legislature. Don lived in the
village of Fort Yukon, and Fairbanks was his hub city.
Notably, the recently passed defense bill included another tribute to
the Congressman, the Don Young Coast
[[Page H9954]]
Guard Authorization Act of 2022. Don always fought for the Coast Guard,
and the bill contained provisions he secured to improve oil spill
response in Alaska. He would be very happy knowing that the legislation
he authored has been moving through the Congress even after his
passing.
I thank Chairman Grijalva, Ranking Member Westerman, and leadership
on both sides for scheduling this bill. I also thank Senator Murkowski
and Senator Sullivan for sponsoring it and securing its passage in the
Senate.
Madam Speaker, I urge my colleagues to support this bill, and I
reserve the balance of my time.
Mr. WESTERMAN. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, the Don Young Recognition Act honors the legacy of the
late dean of the House, who passed away in March of this year after
serving the people of Alaska in Congress for 49 years.
This bill, led by Senators Murkowski and Sullivan of Alaska, would
designate one of the most active volcanoes in the Aleutian Islands as
Mount Young.
This bill would also rename two Federal buildings in Alaska in his
honor, the one in Fairbanks as the Don Young Federal Office Building
and the one in Palmer as the Don Young Alaska Job Corps Center.
For those of us who were fortunate enough to count Don Young as a
friend and colleague, there could be no more fitting tribute to the
powerful dean of the House and former chairman of the Committee on
Natural Resources than to rename an active volcano in his honor. Much
like a volcano, Don Young was an active and fiery public servant and
advocate for the great State of Alaska.
He was a brilliant legislator and a leader who delivered landmark
legislation, including the Magnuson-Stevens Fishery Conservation and
Management Act, the Trans-Alaska Pipeline Authorization Act, and the
America Needs Worthwhile Resources Act.
The excellent work he did in his nearly 50 years in Congress
benefited not only the people of Alaska but our Nation as a whole.
It was an honor to serve with Don Young, and I was proud to consider
him a mentor and dear friend. His breadth of experience, his
leadership, and his colorful stories are sorely missed.
He left behind a legacy unlike any other, and it is fitting that we
honor him with passage of this bill today.
I support this bill and someday hope to visit Mount Young and reflect
on my friend's service to Alaska and America.
Madam Speaker, I yield back the balance of my time.
Mrs. PELTOLA. Madam Speaker, I urge my colleagues to support the
legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Alaska (Mrs. Peltola) that the House suspend the rules
and pass the bill, S. 5066.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________