[Congressional Record Volume 170, Number 145 (Wednesday, September 18, 2024)]
[Senate]
[Pages S6150-S6162]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3286. Mr. KELLY submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

[[Page S6151]]

  


 DIVISION E--YAVAPAI-APACHE NATION WATER RIGHTS SETTLEMENT ACT OF 2024

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Yavapai-Apache Nation 
     Water Rights Settlement Act of 2024''.

     SEC. 5002. PURPOSES.

       The purposes of this division are--
       (1) to resolve, fully and finally, all claims to rights to 
     water, including damages claims related to water, in the 
     State, including in the Verde River Watershed and the 
     Colorado River, of--
       (A) the Yavapai-Apache Nation, on behalf of the Yavapai-
     Apache Nation and the Members of the Yavapai-Apache Nation 
     (but not Members in the capacity of the Members as 
     Allottees);
       (B) the United States, acting as trustee for the Yavapai-
     Apache Nation and the Members of the Yavapai-Apache Nation 
     (but not Members in the capacity of the Members as 
     Allottees);
       (2) to authorize, ratify, and confirm the Yavapai-Apache 
     Nation Water Rights Settlement Agreement, to the extent that 
     agreement is consistent with this division;
       (3) to authorize and direct the Secretary to execute and 
     perform the duties and obligations of the Secretary under the 
     Yavapai-Apache Nation Water Rights Settlement Agreement and 
     this division;
       (4) to authorize the appropriation of funds necessary to 
     carry out the Yavapai-Apache Nation Water Rights Settlement 
     Agreement and this division; and
       (5) to recognize the important cultural, traditional and 
     religious value of the Verde River to the Yavepe (Yavapai) 
     who know the Verde River as Hatayakehela (``big river''), and 
     to the Dilzhe5 (Apache) who know the Verde River as Tu 
     nli5?i5?nichoh (``big water flowing''), and to protect the 
     existing flows of the Verde River, including flood flows, as 
     described in the Agreement and this division, on the Yavapai-
     Apache Reservation, now and in the future.

     SEC. 5003. DEFINITIONS.

       In this division:
       (1) Afy.--The term ``AFY'' means acre-feet per Year.
       (2) Agreement.--The term ``Agreement'' means (A) the 
     Yavapai-Apache Nation Water Rights Settlement Agreement dated 
     June 26, 2024; and (B) any amendment or exhibit (including 
     exhibit amendments) to the Agreement that are (i) made in 
     accordance with the Act, or (ii) otherwise approved by the 
     Secretary and the Parties to the Agreement.
       (3) Allottee.--The term ``Allottee'' means (A) an 
     individual Indian holding an undivided fractional beneficial 
     interest in the Dinah Hood Allotment; or (B) an Indian Tribe 
     holding an undivided fractional beneficial interest in the 
     Dinah Hood Allotment.
       (4) Arizona water banking authority.--The term ``Arizona 
     Water Banking Authority'' means the Arizona Water Banking 
     Authority, formed pursuant to A.R.S. Sec. Sec.  45-2401 et 
     seq.
       (5) Available cap supply.--The term ``Available CAP 
     Supply'' means for any Year (A) all Fourth Priority River 
     Water available for delivery through the CAP; (B) water 
     available from CAP dams and reservoirs other than the 
     Modified Roosevelt Dam; and (C) return flows captured by the 
     Secretary for CAP use.
       (6) Bureau of reclamation.--The term ``Bureau of 
     Reclamation'' means the United States Bureau of Reclamation.
       (7) Cap or central arizona project.--The term ``CAP'' or 
     ``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. Sec. 1521 et seq.).
       (8) 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.
       (9) Cap contractor.--
       (A) In general.--The term ``CAP Contractor'' means a person 
     or entity that has entered into a CAP Contract.
       (B) Inclusion.--The term ``CAP Contractor'' includes the 
     Yavapai-Apache Nation.
       (10) 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.
       (11) Cap indian priority water.--The term ``CAP Indian 
     Priority Water'' means water within the Available CAP Supply 
     having an Indian delivery priority.
       (12) 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 division, is CAWCD.
       (13) Cap pumping energy charge.--The term ``CAP Pumping 
     Energy Charge'' means the term ``Pumping Energy Charge'' in 
     the CAP Repayment Stipulation.
       (14) 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 CAP; and
       (B) any amendment to, or revision of, that contract.
       (15) 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, et al., numbered CIV 95-625-TUC-
     WDB-EHC and CIV 95-1720-PHX-EHC.
       (16) Capsa.--The term ``CAPSA'' means the Central Arizona 
     Project Settlement Act of 2004, Title I of the Arizona Water 
     Settlements Act, P.L. 108-451, 118 Stat. 3478 (2004).
       (17) 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.
       (18) Cap subcontrator.--The term ``CAP Subcontractor'' 
     means a person or entity that has entered into a CAP 
     Subcontract.
       (19) 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 (A), (B), (C), or (D); and
       (F) any extension of, addition to, or replacement of a 
     feature described in Subparagraph (A), (B), (C), (D), or (E).
       (20) Cap system use agreement.--The term ``CAP System Use 
     Agreement'' means that certain Central Arizona Project System 
     Use Agreement dated February 2, 2017, between the United 
     States of America and the Central Arizona Water Conservation 
     District.
       (21) Cap water.--The term ``CAP Water'' has the meaning 
     given the term ``Project Water'' in the CAP Repayment 
     Stipulation.
       (22) Cawcd.--The term ``CAWCD'' means the political 
     subdivision of the State that is the contractor under the CAP 
     Repayment Contract and is the CAP Operating Agency as of the 
     date of enactment of this division.
       (23) C.c. cragin dam and reservoir.--
       (A) In general.--The term ``C.C. Cragin Dam and Reservoir'' 
     means--
       (i) the C.C. Cragin Dam and Reservoir located on East Clear 
     Creek in Coconino County, Arizona, owned by the United States 
     and operated by the Salt River Project Agricultural 
     Improvement and Power District;
       (ii) associated facilities located in Gila and Coconino 
     Counties, Arizona, including pipelines, tunnels, buildings, 
     hydroelectric generating facilities and other structures of 
     every kind; transmission, telephone and fiber optic lines; 
     pumps, machinery, tools and appliances; and
       (iii) all real or personal property, appurtenant to or 
     used, or constructed or otherwise acquired to be used, in 
     connection with the C.C. Cragin Dam and Reservoir.
       (B) Exclusion.--The term ``C.C. Cragin Dam and Reservoir'' 
     does not include the Cragin-Verde Pipeline Project.
       (24) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau of Reclamation.
       (25) Cragin capital costs.--The term ``Cragin Capital 
     Costs'' means all costs incurred by SRP for the acquisition 
     and improvement of land, facilities, equipment, and 
     inventories related to the C.C. Cragin Dam and Reservoir, 
     which shall include: labor, overhead, materials, supplies, 
     spare parts, equipment purchase and rental, and 
     transportation. Prior to May 1, 2009, all expenses incurred 
     by SRP are accrued as Cragin Capital Costs excluding capital 
     costs of the SRP-Cragin Pumping System.
       (26) Cragin o&m costs.--The term ``Cragin O&M Costs'' means 
     all costs incurred by SRP for the operation and maintenance 
     of all C.C. Cragin facilities, except for those costs defined 
     as Cragin Capital Costs. Such costs shall include costs for 
     the following items: insurance, inspections, permits, taxes, 
     fees, licenses, contract services, legal services, 
     accounting, travel, environmental compliance, repairs, 
     testing, labor, salaries, overhead, materials, supplies, 
     expenses, equipment, vehicles, energy, fuel, and any cost 
     borne by SRP prior to the assumption of care, operation, and 
     maintenance of the Cragin-Verde Pipeline Project by SRP from 
     the United States pursuant to the 1917 Agreement, excluding 
     O&M Costs and A&G Costs of SRP-Cragin Pumping System as 
     defined in the YAN-SRP Water Delivery and Use Agreement.
       (27) Cragin-verde pipeline project.--The term ``Cragin-
     Verde Pipeline Project'' means the water infrastructure 
     project under the Tu nli5?i5?nichoh Water Infrastructure 
     Project, as described in section 5103(b) of this division, 
     which will deliver water from the C.C. Cragin Dam and 
     Reservoir to the Yavapai-Apache Nation, and to other 
     beneficiaries in accordance with section 5114(a) of this 
     division.
       (28) Cap/srp interconnection facility.--The term ``CAP/SRP 
     Interconnection Facility'' means the interconnection facility 
     that connects the Hayden-Rhodes Aqueduct of the CAP System to 
     SRP's water delivery system.
       (29) Date of substantial completion.--The term ``Date of 
     Substantial Completion'' means the date described in section 
     5103(d).
       (30) Depletion or deplete.--The term ``Depletion'' or 
     ``Deplete'' means the amount of Water Diverted less return 
     flows to the Verde River Watershed.

[[Page S6152]]

       (31) Dinah hood allotment.--The term ``Dinah Hood 
     Allotment'' means the tract of land allotted pursuant to 
     Section 4 of the General Allotment Act of 1887, 24 Stat. 389, 
     ch. 119 (formerly codified at 25 U.S.C. Sec.  334) that is 
     held in trust by the United States for the benefit of 
     Allottees under patent number 926562, as described and 
     depicted in Exhibit 2.37 to the Agreement.
       (32) Diversion.--The term ``Diversion'' means an act to 
     Divert.
       (33) Divert or diverting.--The term ``Divert'' or 
     ``Diverting'' means to receive, withdraw or develop and 
     produce or capture Water (A) using a ditch, canal, flume, 
     bypass, pipeline, pit, collection or infiltration gallery, 
     conduit, well, pump, turnout, dam, or any other mechanical 
     device; or (B) by any other human act.
       (34) Domestic use.--The term ``Domestic Use'' means, for 
     purposes of Paragraph 13.0 of the Agreement and section 5108 
     of this division, a Use of Water serving a residence, or 
     multiple residences up to a maximum of three residential 
     connections, for household purposes with associated 
     irrigation of lawns, gardens or landscape in an amount of not 
     more than one-half acre per residence. Domestic Use does not 
     include the Use of Water delivered to a residence or multiple 
     residences by a city, town, private water company, irrigation 
     provider or special taxing district established pursuant to 
     Title 48, Arizona Revised Statutes.
       (35) Effective date.--The term ``Effective Date'' means the 
     date that the Agreement is signed by all of the Parties, 
     other than the United States.
       (36) 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 in 
     accordance with applicable law and the Agreement, regardless 
     of whether the water has been treated to improve the quality 
     of the water.
       (37) Enforceability date.--The term ``Enforceability Date'' 
     means the date described in section 5112.
       (38) Exchange.--The term ``Exchange'' means a trade between 
     1 or more persons or entities, of any water for any other 
     water, if each person or entity has a right or claim to use 
     the water the person or entity provides in the trade, 
     regardless of whether the water is traded in equal quantities 
     or other consideration is included in the trade.
       (39) Federal land.--The term ``Federal Land'' means the 
     land described in section 5201(a)(5).
       (40) Forest service.--The term ``Forest Service'' means the 
     United States Forest Service.
       (41) Fourth priority water.--The term ``Fourth Priority 
     Water'' means Colorado River water available for delivery 
     within the State for 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 subsequent to September 30, 1968, for use on 
     Federal, State, or privately owned lands in the State, in a 
     total quantity not to exceed 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.
       (42) Gila river adjudication proceedings.--The term ``Gila 
     River Adjudication Proceedings'' 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).
       (43) 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 Proceedings.
       (44) 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.
       (45) Impoundment.--The term ``Impoundment'' means any 
     human-made permanent body of water on the surface of the 
     Earth, including Stockponds, lakes, Effluent ponds, open-air 
     water storage tanks, irrigation ponds, and gravel pits. For 
     purposes of the Agreement and this division, the term 
     Impoundment does not include recharge basins or swimming 
     pools.
       (46) Indian tribe.--The term ``Indian Tribe'' shall have 
     the meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (47) Injury to water rights.--
       (A) In general.--The term ``Injury to Water Rights'' means 
     an interference with, diminution of, or deprivation of Water 
     Rights under Federal, State or other law.
       (B) Inclusion.--The term ``Injury to Water Rights'' 
     includes a change in the Groundwater table and any effect of 
     such a change.
       (C) Exclusion.--The term ``Injury to Water Rights'' does 
     not include any injury to water quality.
       (48) Interim period.--The term ``Interim Period'' means the 
     period beginning on the Effective Date and ending on the Date 
     of Substantial Completion.
       (49) Lease agreement.--The term ``Lease Agreement'' means 
     any agreement entered into between the Yavapai-Apache Nation, 
     the Secretary, and any other person or entity pursuant to the 
     agreement.
       (50) Leased water.--The term ``Leased Water'' means the YAN 
     CAP Water that is leased pursuant to a Lease Agreement.
       (51) M&i use.--The term ``M&I Use'' or ``M&I Uses'' means 
     the Use of Water for domestic, municipal, industrial, and 
     commercial purposes.
       (52) Maximum annual depletion amount.--The term ``Maximum 
     Annual Depletion Amount'' means the maximum amount of Water 
     Depleted per Year for each Water Right set forth in 
     Subparagraph 4.1 of the Agreement.
       (53) Maximum annual diversion amount.--The term ``Maximum 
     Annual Diversion Amount'' means the maximum amount of Water 
     Diverted per Year for each Water Right set forth Subparagraph 
     4.1 the Agreement.
       (54) Member.--The term ``Member'' means any person duly 
     enrolled as a member of the Yavapai-Apache Nation.
       (55) Municipal water provider.--The term ``Municipal Water 
     Provider'' means a city, town, private water company, 
     specially designated homeowners association, or any special 
     taxing district established pursuant to Title 48 of the 
     Arizona Revised Statutes that supplies water for M&I Use.
       (56) Non-federal land.--The term ``Non-Federal Land'' means 
     the land described in section 5201(a)(4).
       (57) 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.
       (58) Party.--The term ``Party'' means a person or entity 
     that is a signatory to the Agreement. The participation of 
     the State as a Party shall be as described in Subparagraph 
     17.5 in the Agreement. The United States' participation as a 
     Party shall be in the capacity as described in Subparagraph 
     2.80 of the Agreement.
       (59) Public water system.--The term ``Public Water System'' 
     means a water system that--(A) provides water for human 
     consumption through pipes or other constructed conveyances; 
     and (B) has at least fifteen service connections or regularly 
     serves an average of at least twenty-five persons daily for 
     at least sixty days a year.
       (60) Replacement well.--The term ``Replacement Well'' means 
     a well that--(A) is constructed to replace a well in 
     existence on the Effective Date; (B) is located no more than 
     660 feet from the well being replaced; and (C) has a pumping 
     capacity and case diameter that do not exceed the pumping 
     capacity and case diameter of the well being replaced.
       (61) Secretary.--The term ``Secretary'' means the Secretary 
     of the United States Department of the Interior or the 
     Secretary's designee.
       (62) Srp.--The term ``SRP'' means the Salt River Project 
     Agricultural Improvement and Power District, a political 
     subdivision of the State, and the Salt River Valley Water 
     Users' Association, an Arizona Territorial Corporation.
       (63) Srp water.--The term ``SRP Water'' means the Water 
     made available in Subparagraph 8.1 of the Agreement, not to 
     exceed an average of 500 AFY, up to maximum of 583.86 acre-
     feet in any given Year, to be stored in C.C. Cragin 
     Reservoir, without cost to SRP, and delivered for Use on the 
     Reservation, YAN Trust Land, and YAN After-Acquired Trust 
     Land for beneficial purposes.
       (64) Srrd.--The term ``SRRD'' means the Salt River 
     Reservoir District as defined on December 31, 2023 in Article 
     IV, Section 3, of the Articles of Incorporation of the Salt 
     River Valley Water Users' Association.
       (65) State.--The term ``State'' means the State of Arizona.
       (66) Stockpond.--The term ``Stockpond'' means an on-channel 
     or off-channel impoundment of any size that stores water that 
     is appropriable under Title 45, Arizona Revised Statutes, and 
     that is for the sole purpose of watering livestock and 
     wildlife.
       (67) Stock watering use.--The term ``Stock Watering Use'' 
     means the consumption of water by livestock and wildlife, 
     either: (A) directly from a naturally occurring body of 
     water, such as an undeveloped spring, cienega, seep, bog, 
     lake, depression, sink or stream; or (B) from small 
     facilities, other than a Stockpond, that are served by a 
     Diversion of Water.
       (68) Surface water.--The term ``Surface Water'' means all 
     Water that is appropriable under State law.
       (69) Total maximum annual depletion amount.--The term 
     ``Total Maximum Annual Depletion Amount'' means the total of 
     all Maximum Annual Depletion Amounts as described in 
     Subparagraph 4.1 of the Agreement.
       (70) Total maximum annual diversion amount.--The term 
     ``Total Maximum Annual Diversion Amount'' means the total of 
     all Maximum Annual Diversion Amounts as described in 
     Subparagraph 4.1 of the Agreement.
       (71) TU NL]]N]CHOH water infrastructure project.--The term 
     ``Tu nl[[nichoh Water Infrastructure Project'' means the 
     water infrastructure project including (A) the Cragin-Verde 
     Pipeline Project, as described in section 5103(b), which will 
     deliver Water from the C.C. Cragin Dam and Reservoir to the

[[Page S6153]]

     Yavapai-Apache Nation and to other beneficiaries in the Verde 
     Valley Watershed; and (B) the YAN Drinking Water System 
     Project, as described in section 5103(c), which will treat 
     and distribute the water delivered from the Cragin-Verde 
     Pipeline Project.
       (72) Use.--The term ``Use'' means any beneficial use, 
     including instream flows, recharge, underground storage, 
     recovery or any other use recognized as beneficial under 
     applicable law.
       (73) Usgs.--The term ``USGS'' means the United States 
     Geological Survey.
       (74) Verde river decree.--The term ``Verde River Decree'' 
     means the decree to be entered by the Gila River Adjudication 
     Court adjudicating all rights to water in the Verde River 
     Watershed.
       (75) Verde river subflow zone.--The term ``Verde River 
     Subflow Zone'' means the area in the Verde River Watershed 
     delineated by the Arizona Department of Water Resources as 
     the subflow zone on a map or maps that are approved by the 
     Gila River Adjudication Court.
       (76) Verde river water.--The term ``Verde River Water'' 
     means the Water as described in Paragraph 5.0 of the 
     Agreement, whether Diverted from the stream or pumped from a 
     well.
       (77) Verde river watershed.--The term ``Verde River 
     Watershed'' means all lands located within the surface water 
     drainage of the Verde River and its tributaries, depicted on 
     the map attached as Exhibit 2.86 to the Agreement.
       (78) Water.--The term ``Water,'' when used without a 
     modifying adjective, means--(A) Groundwater; (B) Surface 
     Water; (C) Colorado River Water; (D) Effluent; or (E) CAP 
     Water.
       (79) Water right.--The term ``Water Right'' means any right 
     in or to Groundwater, Surface Water, Colorado River Water, or 
     Effluent under Federal, State, or other law.
       (80) Yan after-acquired trust land.--The term ``YAN After-
     Acquired Trust Land'' means lands that is taken into trust by 
     the United States for the benefit of the Yavapai-Apache 
     Nation pursuant to applicable federal law after the 
     Enforceability Date.
       (81) Yan amended cap water delivery contract.--The term 
     ``YAN Amended CAP Water Delivery Contract'' means--(A) the 
     proposed contract between the Yavapai-Apache Nation and the 
     United States attached as Exhibit 6.1 to the Agreement and 
     numbered _____; and any amendments to that contract.
       (82) Yan cap water.--The term ``YAN CAP Water'' means CAP 
     Water to which the Yavapai-Apache Nation is entitled pursuant 
     to the Agreement and section 5111 of this division, and as 
     provided in the YAN Amended CAP Water Delivery Contract.
       (83) Yan cragin water.--The term ``YAN Cragin Water'' means 
     that amount of the water made available in Subparagraph 8.2 
     of the Agreement, not to exceed an average of 2,910.26 AFY, 
     up to a maximum of 3,394.06 acre-feet in any given Year, to 
     be stored in C.C. Cragin Dam and Reservoir, without cost to 
     SRP, and delivered for Use on the Yavapai-Apache Reservation, 
     YAN Trust Land, and YAN After-Acquired Trust Land for 
     beneficial purposes.
       (84) Yan delivery point.--The term ``YAN Delivery Point'' 
     means the point or points located at the end of the Cragin-
     Verde Pipeline Project where Water may be delivered to the 
     YAN or the United States acting as trustee for the YAN 
     pursuant to the YAN-SRP Water Delivery and Use Agreement.
       (85) Yan districts.--The term ``YAN Districts'' means (A) 
     the Camp Verde District; (B) the Middle Verde District; (C) 
     the Montezuma District; (D) the Clarkdale District; and (E) 
     the Rimrock District, of the Yavapai-Apache Reservation, each 
     of which districts is separately depicted in Exhibits 2.96A, 
     2.96B, 2.96C, 2.96D and 2.96E to the Agreement, and any 
     additions to a YAN District under applicable law.
       (86) Yan drinking water system project.--The term ``YAN 
     Drinking Water System Project'' or ``Yavapai-Apache Drinking 
     Water System Project'' means the Yavapai-Apache Nation's 
     water treatment and water distribution system project under 
     the Tu nl[[nichoh Water Infrastructure Project, as described 
     in section 5103(c) of this division, that will treat and 
     distribute water delivered from the C.C. Cragin Reservoir.
       (87) Yan fee land.--The term ``YAN Fee Land'' means land 
     that, as of the Enforceability Date, is: (A) located outside 
     the exterior boundaries of the Yavapai-Apache Reservation; 
     (B) owned in fee by the Yavapai-Apache Nation and has not 
     been taken into trust by the United States for the benefit of 
     the Yavapai-Apache Nation; and (C) described and shown in 
     Exhibit 2.98 to the Agreement.
       (88) Yan judgment.--The term ``YAN Judgment'' means the 
     judgment and decree entered by the Gila River Adjudication 
     Court as described in the Agreement.
       (89) Yan land.--The term ``YAN Land'' means, collectively, 
     the YAN Reservation, YAN Trust Land and YAN Fee Land.
       (90) Yan point of compliance.--The term ``YAN Point of 
     Compliance'' means the location of the Verde River proximate 
     to USGS gage number 09504950 identified as the ``Verde River 
     Above Camp Verde'' gage, located at Global Positioning System 
     coordinates 34.6116972, -111.8984306 within the Middle Verde 
     District of the Reservation.
       (91) Yan pumped water.--The term ``YAN Pumped Water'' means 
     the Water pumped from beneath the surface of the Earth, 
     regardless of its legal characterization as appropriable or 
     non-appropriable under Federal, State or other law.
       (92) Yan-srp exchange agreement.--The term ``YAN-SRP 
     Exchange Agreement'' means that agreement between the Nation 
     and SRP, as approved by the United States, in the form 
     substantially similar to that attached as Exhibit 6.5 to the 
     Agreement.
       (93) Yan-srp water delivery and use agreement or yan-srp 
     wdua.--The term ``YAN-SRP Water Delivery and Use Agreement'' 
     or ``YAN-SRP WDUA'' means that agreement between the Nation 
     and SRP, as approved by the United States, in the form 
     substantially similar to that attached as Exhibit 10.1 to the 
     Agreement.
       (94) Yavapai-apache nation, yan or nation.--The term 
     ``Yavapai-Apache Nation'', ``YAN'', or ``Nation'' means the 
     Yavapai-Apache Nation of the Camp Verde Indian Reservation, 
     Arizona, a federally recognized Indian Tribe organized 
     pursuant to Section 16 of the Indian Reorganization Act of 
     June 18, 1934, 48 Stat. 987 (25 U.S.C. 5123).
       (95) Yan trust land.--The term ``YAN Trust Land'' means 
     land that, as of the Enforceability Date, is--(A) located 
     outside the boundaries of the YAN Reservation; (B) held in 
     trust by the United States for the benefit of the YAN; and 
     (C) depicted on the map attached as Exhibit 2.102 to the 
     Agreement.
       (96) Yavapai-apache reservation, yan reservation or 
     reservation.--The term ``Yavapai-Apache Reservation'', ``YAN 
     Reservation'' or ``Reservation'' means the land described in 
     section 5110(a).
       (97) Year.--The term ``Year'' (A) when used in the context 
     of deliveries of YAN Cragin Water and SRP Water pursuant to 
     Paragraph 8.0 of the Agreement, means May 1 through April 30; 
     and (B) in all other instances, the term ``Year'' means a 
     calendar year.

   TITLE LI--YAVAPAI-APACHE NATION WATER RIGHTS SETTLEMENT AGREEMENT

     SEC. 5101. RATIFICATION AND EXECUTION OF THE YAVAPAI-APACHE 
                   NATION WATER RIGHTS SETTLEMENT AGREEMENT.

       (a) Ratification.--
       (1) In general.--Except as modified by this division, and 
     to the extent the Yavapai-Apache Nation Water Rights 
     Settlement Agreement does not conflict with this division, 
     the Agreement is authorized, ratified, and confirmed.
       (2) Amendments.--If an amendment to the Agreement, 
     including an amendment to any exhibit attached to the 
     Agreement requiring the signature or approval of the 
     Secretary, is executed in accordance with this division to 
     make the Agreement consistent with this division, the 
     amendment is authorized, ratified, and confirmed, to the 
     extent the amendment is consistent with this division.
       (b) Execution.--
       (1) In general.--To the extent the Agreement does not 
     conflict with this division, the Secretary shall execute the 
     Agreement, including all exhibits to, or parts of, the 
     Agreement requiring the signature of the Secretary.
       (2) Modifications.--Nothing in this division prohibits the 
     Secretary from approving any modification to the Agreement, 
     including any Exhibit to the Agreement, that is consistent 
     with this division, 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 Federal law.
       (c) Environmental Compliance.--
       (1) In general.--In implementing the Agreement (including 
     all exhibits to the Agreement requiring the signature of the 
     Secretary) and this division, 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) Authorizations.--The Secretary shall--
       (A) independently evaluate the documentation prepared and 
     submitted under paragraph (1); and
       (B) be responsible for the accuracy, scope, and contents of 
     that documentation.
       (3) Effect of execution.--The execution of the 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.).
       (4) Costs.--Any costs associated with the performance of 
     the compliance and coordination activities under this 
     subsection shall be paid from funds deposited in the Project 
     Fund, subject to the condition that any costs associated with 
     the performance of Federal approval or other review of that 
     compliance work or costs associated with inherently Federal 
     functions shall remain the responsibility of the Secretary.

     SEC. 5102. WATER RIGHTS.

       (a) Confirmation of Water Rights.--
       (1) In general.--The Water Rights of the Yavapai-Apache 
     Nation as set forth in the Yavapai-Apache Nation Water Rights 
     Settlement Agreement are ratified, confirmed and declared to 
     be valid.
       (2) Use.--Any use of Water pursuant to the Water Rights 
     described in paragraph (1) by the Yavapai-Apache Nation shall 
     be subject to the terms and conditions of the Agreement and 
     this division.

[[Page S6154]]

       (3) Conflict.--In the event of a conflict between the 
     Agreement and this division, this division shall control.
       (b) Water Rights to Be Held in Trust for the Yavapai-apache 
     Nation.--The United States shall hold the following Water 
     Rights in trust for the benefit of the Yavapai-Apache Nation:
       (1) The Water Rights described in Paragraphs 5.0, 6.0, 8.0, 
     9.0 and 11.0 of the Agreement; and
       (2) Any future Water Rights taken into trust pursuant to 
     subsection (f) and (g).
       (c) Off-reservation Use.--Except for Effluent as provided 
     in Subparagraphs 4.15 of the Agreement, YAN CAP Water as 
     provided in Subparagraph 6.0 of the Agreement, and Water that 
     is subject to an Exchange in accordance with State law, the 
     rights to Water set forth in Subparagraph 4.1 of the 
     Agreement may not be sold, leased, transferred or used 
     outside the boundaries of the YAN Reservation, YAN Trust 
     Land, or YAN After-Acquired Trust Land.
       (d) Forfeiture and Abandonment.--None of the water rights 
     described in subsection (b)(1) shall be subject to loss 
     through non-use, forfeiture, abandonment, or other operation 
     of law.
       (e) Yavapai-apache Nation Cap Water.--The Yavapai-Apache 
     Nation shall have the right to divert, use, and store YAN CAP 
     Water in accordance with the Agreement and section 5111 of 
     this division.
       (f) Water Rights Held in Trust for Yan After-acquired Trust 
     Land.--As described in Subparagraph 4.13.2.1 of the 
     Agreement, and subject to all valid and existing rights, any 
     Water Rights appurtenant to YAN After-Acquired Trust Land at 
     the time such land is taken into trust by the Secretary shall 
     be held in trust by the United States for the benefit of the 
     Yavapai-Apache Nation.
       (g) Water Rights Held in Trust for Future Acquisitions of 
     Water Rights.--As described in Subparagraphs 4.14.1 and 
     4.14.2 of the Agreement, and subject to all valid and 
     existing rights, upon the request of the Yavapai-Apache 
     Nation, and in accordance with applicable Federal law, the 
     Secretary shall accept and take into trust for the benefit of 
     the Yavapai-Apache Nation, any Water Rights severed and 
     transferred to the Reservation, YAN Trust Land, or YAN After-
     Acquired Trust Land.

     SEC. 5103. TU NL]]N]CHOH WATER INFRASTRUCTURE PROJECT.

       (a) In General.--The Secretary, acting through the 
     Commissioner, shall plan, design and construct the Tu 
     nl[[nichoh Water Infrastructure Project, which shall consist 
     of--
       (1) the Cragin-Verde Pipeline Project as described in 
     subsection (b); and
       (2) the Yavapai-Apache Nation Drinking Water System Project 
     as described in subsection (c).
       (b) Cragin-verde Pipeline Project.--
       (1) In general.--The Secretary, acting through the 
     Commissioner, and without cost to the Salt River Federal 
     Reclamation Project, shall--
       (A) Plan, design and construct the Cragin-Verde Pipeline 
     Project as part of the Salt River Federal Reclamation 
     Project; and
       (B) Obtain any rights-of-way or other interests in land 
     needed to construct the Cragin-Verde Pipeline Project.
       (2) Scope.--The scope of the planning, design, and 
     construction activities for the Cragin-Verde Pipeline Project 
     shall be as generally described as Alternative 5A in the 
     document entitled Phase II: Yavapai-Apache Nation Indian 
     Water Rights Settlement, Value Planning Study, Bureau of 
     Reclamation, Interior Region 8, Lower Colorado Basin, as 
     amended.
       (3) Requirements.--The Cragin-Verde Pipeline Project 
     shall--
       (A) be capable of delivering no less than 6,836.92 AFY of 
     water from the C.C. Cragin Dam and Reservoir for Use by the 
     YAN as provided in the Settlement Agreement and this 
     division, and up to an additional 1,912.18 AFY for Use by 
     water users in Yavapai County as provided in section 
     5114(a)(2);
       (B) include all facilities and appurtenant items necessary 
     to divert, store, and deliver water to the YAN Delivery Point 
     on the Yavapai-Apache Reservation; and
       (C) to the maximum extent practicable, be designed and 
     constructed to minimize care, operation, and maintenance 
     costs.
       (4) Title to facilities.--Title to the Cragin-Verde 
     Pipeline Project shall be held by the United States as part 
     of the Salt River Federal Reclamation Project pursuant to the 
     Reclamation Act of 1902, 43 U.S.C. 371 et seq., as amended.
       (5) Assumption of and responsibility for care, operation, 
     and maintenance of cragin-verde pipeline project.--Upon the 
     Date of Substantial Completion, SRP shall assume and be 
     responsible for the care, operation, and maintenance of the 
     Cragin-Verde Pipeline Project pursuant to the contract 
     between the United States and the Salt River Valley Water 
     Users' Association dated September 6, 1917, as amended.
       (6) Costs of care, operation, and maintenance to be borne 
     by project beneficiaries.--The costs of the care, operation, 
     and maintenance of the Cragin-Verde Pipeline Project shall 
     not be borne by SRP. Except as provided in Subparagraph 10.10 
     of the Agreement, the Yavapai-Apache Nation and any other 
     beneficiaries of the Cragin-Verde Pipeline Project shall bear 
     the costs of the care, operation, and maintenance of the 
     Cragin-Verde Pipeline Project on a pro rata basis after the 
     Date of Substantial Completion. Until the Date of Substantial 
     Completion, the costs of care, operation, and maintenance 
     shall be borne by the Secretary.
       (7) Withdrawal and reservation.--
       (A) Definitions.--For purposes of this paragraph (7), the 
     term ``covered land'' means the portion of the National 
     Forest System land determined by the Secretary of the 
     Interior to be necessary for the construction and operation 
     of the Cragin-Verde Pipeline Project as depicted on the map 
     prepared under subparagraph (D).
       (B) Withdrawal of covered land.--The covered land is 
     permanently withdrawn from--
       (i) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (C) Reservation of covered land.--Subject to valid existing 
     rights, the covered land is reserved to the United States, 
     through the Secretary of the Interior, for the exclusive 
     right to use the covered land and interests in the covered 
     land for Bureau of Reclamation purposes to construct the 
     Cragin-Verde Pipeline Project as part of the Salt River 
     Federal Reclamation Project and operated by SRP pursuant to 
     the contract between the United States and the Salt River 
     Valley Water Users' Association dated September 6, 1917, as 
     amended.
       (D) Map of covered land.--As soon as practicable after the 
     date of enactment of this division, the Secretary of Interior 
     shall prepare a map depicting the boundary of the covered 
     land which shall be on file and available for public 
     inspection in the appropriate offices of the Forest Service 
     and the Bureau of Reclamation.
       (c) Yavapai-apache Nation Drinking Water System Project.--
       (1) In general.--The Secretary, acting through the 
     Commissioner, shall--
       (A) plan, design and construct the YAN Drinking Water 
     System Project;
       (B) comply with all requirements of section 5101(c)(1); and
       (C) obtain any rights-of-way or other interests in land 
     needed to construct the YAN Drinking Water System Project.
       (2) Scope.--The scope of the planning, design, and 
     construction activities for the YAN Drinking Water System 
     Project shall be as generally described in the document 
     entitled Yavapai-Apache Nation Drinking Water Infrastructure 
     Plan dated July 2024, provided that, the design of the 
     project may be adjusted by mutual agreement of the Secretary 
     and the Yavapai-Apache Nation if the requirements of 
     subsection (c)(3) can be met and the adjustment is not 
     expected to increase the total cost of the project.
       (3) Requirements.--The YAN Drinking Water System Project 
     shall--
       (A) include a surface water treatment facility capable of 
     treating up to 2.25 million gallons of water per day (mgd), 
     with a peak of 3.0 mgd, for water delivered to the YAN 
     Delivery Point from the C.C. Cragin Dam and Reservoir via the 
     Cragin-Verde Pipeline Project, except as otherwise provided 
     for in paragraph (4);
       (B) include pipelines, water storage tanks, pump stations, 
     transmission mains and other associated infrastructure 
     necessary for the delivery of the treated water from the 
     surface water treatment facility described in subparagraph 
     (A) to the locations described in the Yavapai-Apache Nation 
     Drinking Water Infrastructure Plan dated July 2024, or as 
     otherwise agreed to by the Nation and the Secretary; and
       (C) to the maximum extent practicable, be designed and 
     constructed to minimize care, operation, and maintenance 
     costs.
       (4) Increase in capacity and cost share.--For the water 
     described in section 5114(a), the Secretary is authorized to 
     increase the capacity of the YAN Drinking Water System 
     Project to treat and deliver up to 1.9 mgd, with a peak of 
     2.5 mgd, for such water delivered to the YAN Delivery Point 
     from the C.C. Cragain Dam and Reservoir via the Cragin-Verde 
     Pipeline Project, provided that--
       (A) the Yavapai-Apache Nation and the water user or users 
     described in section 5114(a) agree to terms and conditions 
     for the Nation to treat and distribute the water described in 
     section 5114(a);
       (B) the water user or water users located in Yavapai County 
     pay their share of the cost of construction to increase the 
     capacity of the YAN Drinking Water System Project; and 
     payment for such costs are deposited into the YAN Drinking 
     Water System Project Fund Account described in section 
     5104(c) for use for the purposes described in subsection 
     (c)(1); and
       (C) the request to increase the capacity of the YAN 
     Drinking Water System Project and meeting the conditions 
     required of this paragraph (4) will not delay the timely 
     completion of the YAN Drinking Water System Project to accept 
     delivery of water from the Cragin-Verde Pipeline Project to 
     the YAN Delivery Point for the benefit of the Yavapai-Apache 
     Nation.
       (5) Title to facilities.--The YAN Drinking Water System 
     Project shall be owned by the United States during 
     construction. Upon the Date of Substantial Completion of the 
     Tu nl[[nichoh Water Infrastructure Project described in 
     subsection (a), the Secretary shall transfer title to the YAN 
     Drinking Water System Project to the Yavapai-Apache Nation.
       (6) Assumption of and responsibility care, operation, and 
     maintenance of the yan drinking water system project.--Upon 
     the Date of Substantial Completion of the

[[Page S6155]]

     Tu nl[[nichoh Water Infrastructure Project described in 
     subsection (a), the Yavapai-Apache Nation shall assume and be 
     responsible for the care, operation, and maintenance of the 
     YAN Drinking Water System Project. Until the Date of 
     Substantial Completion, the costs of care, operation, and 
     maintenance shall be borne by the Secretary.
       (7) Applicability of isdeaa.--On receipt of a request of 
     the Yavapai-Apache Nation, and in accordance with the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5301 et seq.), the Secretary shall enter into 1 or more 
     agreements with the Nation to carry out the activities 
     authorized by this subsection.
       (8) Condition.--As a condition of construction of the YAN 
     Drinking Water System Project authorized by this subsection, 
     the Nation shall authorize, at no cost to the Secretary, the 
     use of all land or interests in land located on the 
     Reservation, YAN Trust Land and YAN After-Acquired Trust Land 
     that the Secretary identifies as necessary for the planning, 
     design, construction, operation and maintenance of the YAN 
     Drinking Water System Project until the transfer of title to 
     the YAN Drinking Water System Project to the Nation pursuant 
     to paragraph (5).
       (d) Date of Substantial Completion.--The Tu nl[[nichoh 
     Water Infrastructure Project shall be deemed substantially 
     complete on the date on which written notice is provided to 
     the Parties by the Bureau of Reclamation that the Cragin-
     Verde Pipeline Project and the YAN Drinking Water System 
     Project are sufficiently complete to place the projects into 
     service for their intended use (``Date of Substantial 
     Completion'').

     SEC. 5104. TU NL]]N]CHOH WATER INFRASTRUCTURE PROJECT FUND.

       (a) Establishment.--The Secretary shall establish a non-
     trust interest-bearing account to be known as the Tu 
     nl[[nichoh Water Infrastructure Project Fund (``Project 
     Fund'') to be managed and distributed by the Secretary, for 
     use by the Secretary for carrying out this division.
       (b) Accounts.--The Secretary shall establish within the 
     Project Fund the following accounts--
       (1) the Cragin-Verde Pipeline Account; and
       (2) the YAN Drinking Water System Account.
       (c) Deposits.--The Secretary shall deposit--
       (1) in the Cragin-Verde Pipeline Account, the amounts made 
     available pursuant to section 5107(a)(1)(A); and
       (2) in the YAN Drinking Water System Account, the amounts 
     made available pursuant to section 5107(a)(1)(B).
       (d) Uses.--
       (1) Cragin-verde pipeline account.--The Cragin-Verde 
     Pipeline Account shall be used by the Secretary to--
       (A) carry out section 5103(b) of this division, including 
     all required environmental compliance under section 5101(c), 
     for the Cragin-Verde Pipeline Project; and
       (B) reimburse SRP for the proportional Cragin Capital Costs 
     and Cragin O&M Costs associated with water delivered to the 
     Yavapai-Apache Nation from the C.C. Cragin Dam and Reservoir 
     under Subparagraph 8.6.1 of the Agreement.
       (2) Yan drinking water system account.--The YAN Drinking 
     Water System Account shall be used by the Secretary to carry 
     out section 5103(c) of this division, including all required 
     environmental compliance under section 5101(c), for the YAN 
     Drinking Water System Project.
       (e) Availability of Amounts.--
       (1) In general.--Except as provided in paragraph (2), 
     amounts appropriated to and deposited in the Project Fund 
     Accounts under sections 5107(a)(1)(A) and 5107(a)(1)(B) shall 
     not be made available for expenditure until the 
     Enforceability Date.
       (2) Exception.--Of the amounts made available under 
     paragraph (1), $13,000,000 shall be made available before the 
     Enforceability Date for the Bureau of Reclamation to carry 
     out environmental compliance and preliminary design of the Tu 
     nl[[nichoh Water Infrastructure Project, subject to the 
     following:
       (A) The revision of the Settlement Agreement and exhibits 
     to conform to this division.
       (B) Execution by all of the required settlement parties, 
     including the United States, of the conformed Settlement 
     Agreement and exhibits, including the waivers and releases of 
     claims under section 5108.
       (f) Interest.--In addition to the deposits under subsection 
     (c), any investment earnings, including interest credited to 
     amounts unexpended, are authorized to be appropriated to be 
     used in accordance with the uses described in subsections 
     (d)(1) and (d)(2).
       (g) Project Efficiencies.--
       (1) If the total cost of the activities described in either 
     section 5103(b) or 5103(c) are less than the amounts 
     authorized to be obligated under sections 5107(a)(1)(A) and 
     5107(a)(1)(B) to carry out those activities, the Secretary 
     shall deposit the savings into the other account within the 
     Project Fund as described in subsection (b), if such funds 
     are necessary to complete the construction of any component 
     of the Tu nl[[nichoh Water Infrastructure Project.
       (2) Any funds remaining in the Project Fund at the Date of 
     Substantial Completion shall be deposited in the Yavapai-
     Apache Nation Water Settlement Trust Fund no later than 60 
     days after the Date of Substantial Completion. No later than 
     30 days after the Date of Substantial Completion, the 
     Yavapai-Apache Nation may direct the allocation and amounts 
     for the deposit of such funds to one or more of the accounts 
     described in section 5105(b), but if no timely direction is 
     provided to the Secretary, the Secretary shall deposit the 
     full amount of such funds to the Yavapai-Apache Water 
     Projects Account described in section 5105(b)(2).

     SEC. 5105. YAVAPAI-APACHE NATION WATER SETTLEMENT TRUST FUND.

       (a) Establishment.--The Secretary shall establish a trust 
     fund for the Yavapai-Apache Nation, to be known as the 
     ``Yavapai-Apache Nation Water Settlement Trust Fund'' 
     (``Trust Fund'') 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 Trust Fund under 
     subsection (c), together with any investment earnings, 
     including interest, earned on those amounts for the purpose 
     of carrying out this division.
       (b) Accounts.--The Secretary shall establish in the Trust 
     Fund the following accounts:
       (1) The Yavapai-Apache Water Settlement Implementation 
     Account;
       (2) The Yavapai-Apache Water Projects Account;
       (3) The Yavapai-Apache Wastewater Projects Account;
       (4) The Yavapai-Apache OM&R Account; and
       (5) The Yavapai-Apache Watershed Rehabilitation and 
     Restoration Account.
       (c) Deposits.--The Secretary shall deposit--
       (1) in the Yavapai-Apache Water Settlement Implementation 
     Account established under subsection (b)(1), the amounts made 
     available pursuant to subparagraph (A) of section 5107(a)(2);
       (2) in the Yavapai-Apache Water Projects Account 
     established under subsection (b)(2), the amounts made 
     available pursuant to subparagraph (B) of section 5107(a)(2);
       (3) in the Yavapai-Apache Wastewater Projects Account 
     established under subsection (b)(3), the amounts made 
     available pursuant to subparagraph (C) of section 5107(a)(2);
       (4) in the Yavapai-Apache OM&R Account established under 
     subsection (b)(4), the amounts made available pursuant to 
     subparagraph (D) of section 5107(a)(2); and
       (5) in the Yavapai-Apache Watershed Rehabilitation and 
     Restoration Account established under subsection (b)(5), the 
     amounts made available pursuant to subparagraph (E) of 
     section 5107(a)(2).
       (d) Management and Interest.--
       (1) Management.--On receipt and deposit of funds into the 
     Trust Fund pursuant to subsection (b), the Secretary shall 
     manage, invest, and distribute all amounts in the Trust Fund 
     in a manner that is consistent with the investment authority 
     of the Secretary under--
       (A) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (B) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.); and
       (C) this subsection.
       (2) Investment earnings.--In addition to the deposits made 
     to the Trust Fund under subsection (b), any investment 
     earnings, including interest, credited to amounts held in the 
     Trust Fund are authorized to be used in accordance with 
     subsection (g).
       (e) Availability of Amounts.--Amounts deposited in the 
     Trust Fund (including any investment earnings) shall be made 
     available to the Yavapai-Apache Nation by the Secretary 
     beginning on the Enforceability Date, subject to the 
     requirements of this division.
       (f) Withdrawals.--
       (1) Withdrawals under the american indian trust fund 
     management reform act of 1994.--
       (A) In general.--The Yavapai-Apache Nation may withdraw any 
     portion of the amounts in the Trust Fund on approval by the 
     Secretary of a Tribal management plan submitted by the Nation 
     in accordance with the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4001 et seq.).
       (B) 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 subsection shall require that the Yavapai-Apache Nation 
     spend all amounts withdrawn from the Trust Fund and any 
     investment earnings accrued through the investments under the 
     Tribal management plan in accordance with this division.
       (C) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary--
       (i) to enforce the Tribal management plan;
       (ii) to ensure that amounts withdrawn by the Yavapai-Apache 
     Nation from the Trust Fund under this subsection are used in 
     accordance with this division.
       (2) Expenditure plan.--
       (A) In general.--The Yavapai-Apache Nation may submit to 
     the Secretary a request to withdraw funds from the Trust Fund 
     pursuant to an approved expenditure plan.
       (B) Requirements.--To be eligible to withdraw amounts under 
     an expenditure plan under this subparagraph, the Yavapai-
     Apache Nation shall submit to the Secretary an expenditure 
     plan for any portion of the Trust Fund that the Yavapai-
     Apache Nation elects to withdraw pursuant to this 
     subparagraph, subject to the condition that the amounts shall 
     be used for the purposes described in this division.

[[Page S6156]]

       (C) 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 Trust Fund will be used by the Yavapai-Apache Nation in 
     accordance this division.
       (D) 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 division.
       (E) 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 subsection are used in 
     accordance with this division.
       (g) Uses.--The amounts from the Trust Fund shall be used by 
     the Yavapai-Apache Nation for the following purposes:
       (1) The yavapai-apache water settlement implementation 
     account.--Amounts in the Yavapai-Apache Water Settlement 
     Implementation Account may only be used for the following 
     purposes--
       (A) to pay fees and costs incurred by the Yavapai-Apache 
     Nation for filing and processing any application or obtaining 
     any permit required under Paragraphs 5.0, 8.0, or 11.0 of the 
     Agreement;
       (B) to pay costs incurred by the Yavapai-Apache Nation to 
     participate in the planning, preliminary design, and 
     environmental compliance activities for the Cragin-Verde 
     Pipeline Project;
       (C) to engage in water management planning to comply with 
     Paragraph 12.0 of the Agreement; and
       (D) to pay, reimburse, or retire debt for costs incurred by 
     the Yavapai-Apache Nation after the date of enactment of this 
     division for work under subparagraphs (A), (B) or (C).
       (2) The yavapai-apache water projects account.--Amounts in 
     the Yavapai-Apache Water Projects Account may only be used 
     for the following purposes--
       (A) environmental compliance, permitting, planning, 
     engineering and design, and construction, including 
     acquisition of any necessary rights-of-way or other interests 
     in land, and any other related activities necessary for the 
     completion of construction for--
       (i) expansion of the YAN Drinking Water System Project 
     after the Date of Substantial Completion;
       (ii) water infrastructure, and water storage and recovery 
     projects, that facilitate the use or management of the water 
     sources identified in Subparagraph 4.1 of the Agreement;
       (iii) the Yavapai-Apache Nation's proportionate share for 
     any joint project with communities in the Verde Valley 
     Watershed that facilitate the use or management of the water 
     sources identified in Subparagraph 4.1 of the Agreement; and
       (B) to pay, reimburse, or retire debt for costs incurred by 
     the Yavapai-Apache Nation after the date of enactment of this 
     division for projects under subparagraph (A).
       (3) The yavapai-apache wastewater projects account.--
     Amounts in the Apache Wastewater Projects Account may only be 
     used for the following purposes--
       (A) environmental compliance, planning, permitting, 
     engineering and design, and construction, including 
     acquisition of any necessary rights-of-way or other interests 
     in land, and any other related activities necessary for the 
     completion of construction for--
       (i) wastewater infrastructure, and wastewater storage and 
     recovery projects, that facilitate the reuse or management of 
     Effluent;
       (ii) the Yavapai-Apache Nation's proportionate share for 
     any joint project or projects with communities in the Verde 
     Valley Watershed that facilitate the reuse or management of 
     Effluent;
       (B) to pay, reimburse, or retire debt for costs incurred by 
     the Yavapai-Apache Nation after the date of enactment of this 
     division for projects under subparagraph (A); and
       (C) to pay the outstanding debt on the Yavapai-Apache 
     Nation's loan with the Water Infrastructure and Finance 
     Authority of Arizona for the construction of the Middle Verde 
     Water Reclamation Facility (MVWRF) and to reimburse the 
     Yavapai-Apache Nation up to $8,000,000 in additional 
     construction costs related to construction of the MVWRF.
       (4) The yavapai-apache om&r account.--Amounts in the 
     Yavapai-Apache OM&R Account may only be used to pay costs of 
     the following--
       (A) OM&R and energy costs for the Tu nl[[nichoh Water 
     Infrastructure Project which includes the Cragin-Verde 
     Pipeline Project and the YAN Drinking Water System Project;
       (B) OM&R, energy costs, and any other charges assessed to 
     the Yavapai-Apache Nation pursuant to the YAN-SRP Water 
     Delivery and Use Agreement, the YAN-SRP Exchange Agreement, 
     and the YAN Amended CAP Water Delivery Contract; and
       (C) OM&R for Yavapai-Apache Nation projects described in 
     subsections (a)(2), (a)(3) and (a)(5).
       (5) Yavapai-apache watershed rehabilitation and restoration 
     account.--Amounts in the Yavapai-Apache Watershed 
     Rehabilitation and Restoration Account may only be used for 
     the purpose of environmental compliance, permitting, 
     planning, engineering and design activities, and construction 
     of projects for the protection and restoration of the Verde 
     River Watershed, and any other related activities necessary 
     for the completion of such projects.
       (h) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Trust Fund by 
     the Yavapai-Apache Nation under subsection (f).
       (i) Title to Infrastructure.--Title to, control over, and 
     operation of any project constructed using funds from the 
     Trust Fund, shall remain in the Yavapai-Apache Nation.
       (j) No Per Capita Distributions.--No portion of the Trust 
     Fund shall be distributed on a per capita basis to any Member 
     of the Yavapai-Apache Nation.
       (k) Expenditure Reports.--The Yavapai-Apache Nation 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 division.
       (l) Effect.--Nothing in this section gives the Yavapai-
     Apache Nation the right to judicial review of a determination 
     of the Secretary relating to whether to approve a Tribal 
     management plan under subsection (f)(1) or an expenditure 
     plan under subsection (f)(2) except under subchapter II of 
     chapter 5, and chapter 7, of title 5, United States Code 
     (commonly known as the ``Administrative Procedure Act'').

     SEC. 5106. GAGING STATION.

       The Secretary, acting through the Director of the USGS, 
     shall continue to maintain and operate the existing USGS 
     gaging station at the YAN Point of Compliance, identified as 
     ``Verde River Above Camp Verde - 09504950,'' within the 
     Middle Verde District of the Yavapai-Apache Reservation, for 
     the purpose of monitoring the instream flow right of the 
     Yavapai-Apache Nation to the Verde River as described in 
     section 5102(b)(1)(A) and Paragraph 11.0 of the Agreement.

     SEC. 5107. FUNDING.

       (a) Mandatory Appropriations.--Out of any money in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary, to remain available 
     to the Secretary until expended, withdrawn or reverted to the 
     general fund of the Treasury, the following amounts:
       (1) Tu nl[[nichoh water infrastructure project fund.--
       (A) $731,059,000 in the Cragin-Verde Pipeline Account 
     described in section 5104(b)(1); and
       (B) $152,490,000 in the YAN Drinking Water System Account 
     described in section 5104(b)(2).
       (2) Yavapai-apache nation water settlement trust fund 
     account.--
       (A) $300,000 in the Yavapai-Apache Water Settlement 
     Implementation Account described in section 5105(b)(1);
       (B) $58,000,000 in the Yavapai-Apache Water Projects 
     Account described in section 5105(b)(2);
       (C) $31,000,000 in the Yavapai-Apache Wastewater Projects 
     Account described in section 5105(b)(3);
       (D) $66,000,000 in the Yavapai-Apache OM&R Account 
     described in section 5105(b)(4); and
       (E) $700,000 in the Yavapai-Apache Watershed Rehabilitation 
     and Restoration Account described in section 5105(b)(5).
       (b) TU NL]]N]CHOH Water Infrastructure Project Additional 
     Authorization.--In addition to the mandatory appropriation 
     made available under subsection (a)(1), there is authorized 
     to be appropriated to the Project Fund such funds as are 
     necessary to complete the construction of the Tu nl[[nichoh 
     Water Infrastructure Project, to remain available until 
     expended, withdrawn, or reverted to the general fund of the 
     Treasury.
       (c) Additional Authorizations.--In general there are 
     authorized to be appropriated--
       (1) such sums as necessary for section 5106 of this 
     division; and
       (2) such sums as necessary for the care, operation, and 
     maintenance of the Tu nl[[nichoh Water Infrastructure Project 
     until the Date of Substantial Completion.
       (d) Fluctuation in Costs.--
       (1) Project fund.--The amounts authorized to be 
     appropriated under subsection (a)(1) shall be--
       (A) increased or decreased, as appropriate, by such amounts 
     as may be justified by reason of ordinary fluctuations in 
     costs occurring after January 1, 2024, as indicated by the 
     Bureau of Reclamation Construction Cost Index applicable to 
     the types of construction involved; and
       (B) 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 means of construction and current industry standards 
     involved.
       (2) Trust fund.--The amounts authorized to be appropriated 
     under subsection (a)(2) shall be--
       (A) increased or decreased, as appropriate, by such amounts 
     as may be justified by reason of ordinary fluctuations in 
     costs occurring after January 1, 2024, as indicated by the 
     Bureau of Reclamation Construction Cost Index--Composite 
     Trend; and
       (B) adjusted to address construction cost changes necessary 
     to account for unforeseen market volatility that may not 
     otherwise be

[[Page S6157]]

     captured by engineering cost indices as determined by the 
     Secretary, including repricing applicable to the means 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) Requirements for adjustment process.--The adjustment 
     process under this subsection shall be repeated for each 
     subsequent amount appropriated for deposit in the Project 
     Fund under subsection (a)(1) and the Trust Fund under 
     subsection (a)(2), until the amount authorized to be 
     appropriated, as so adjusted, has been appropriated.
       (5) Period of indexing.--
       (A) Project fund.--With respect to the Project Fund, the 
     period of indexing adjustment for any increment of funding 
     shall be annual until the Tu nl[[nichoh Water Infrastructure 
     Project is completed.
       (B) Trust fund.--With respect to the Yavapai-Apache Nation 
     Water Settlement Trust Fund, the period of indexing 
     adjustment for any increment of funding shall end on the date 
     on which funds are deposited into the Trust Fund.
       (e) Commencement of Environmental Compliance.--Subject to 
     the requirements of section 5104(e)(2)(A) and (B), effective 
     beginning on the date of deposit of funds in the Project 
     Fund, the Secretary shall commence any planning, design, 
     environmental, cultural, and historical compliance activities 
     necessary to implement the Agreement and this division, 
     including activities necessary to comply with section 
     5101(c)(1)(A)(B)(C) of this division.

     SEC. 5108. WAIVERS, RELEASES AND RETENTIONS OF CLAIMS.

       (a) Waiver, Release, and Retention of Claims for Water 
     Rights and Injury to Water Rights by the Yavapai-apache 
     Nation, on Behalf of the Yavapai-apache Nation and the 
     Members of the Yavapai-apache Nation (but Not Members in the 
     Capacity of the Members as Allottees), and the United States, 
     Acting as Trustee for the Yavapai-apache Nation (but Not 
     Members in the Capacity of the Members as Allottees).--
       (1) Except as provided in paragraph (3), the Yavapai-Apache 
     Nation, on behalf of the Yavapai-Apache Nation and the 
     Members of the Yavapai-Apache Nation (but not Members in the 
     capacity of the Members as Allottees), and the United States, 
     acting as trustee for the Yavapai-Apache Nation and the 
     Members of the Yavapai-Apache Nation (but not Members in the 
     capacity of the Members as Allottees), as part of the 
     performance of the respective obligations of the Yavapai-
     Apache Nation and the United States under the Agreement and 
     this division, shall 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--
       (A) Past, present, and future claims for Water Rights, 
     including rights to Colorado River water, for YAN Land, 
     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 Yavapai-Apache Nation, 
     the predecessors of the Yavapai-Apache Nation, the Members of 
     the Yavapai-Apache Nation, or the predecessors of the Members 
     of the Yavapai-Apache Nation;
       (C) Past and present claims for Injury to Water Rights, 
     including rights to Colorado River water, for YAN Land, 
     arising from time immemorial through the Enforceability Date;
       (D) Past, present, and future claims for Injury to 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 Yavapai-Apache 
     Nation, the predecessors of the Yavapai-Apache Nation, the 
     Members of the Yavapai-Apache Nation, or the predecessors of 
     the Members of the Yavapai-Apache Nation;
       (E) Claims for Injury to Water Rights, including rights to 
     Colorado River water, arising after the Enforceability Date, 
     for YAN Land, resulting from the off-Reservation Diversion or 
     Use of Water in a manner not in violation of the Agreement or 
     State law; and
       (F) Past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Agreement, any judgment or decree approving 
     or incorporating the Agreement, or this division.
       (2) The waiver and release of claims described in paragraph 
     (1) shall be in the form set forth in Exhibit 13.1 to the 
     Agreement and shall take effect on the Enforceability Date.
       (3) Notwithstanding the waiver and release of claims 
     described in paragraph (1) and set forth in Exhibit 13.1 to 
     the Agreement, the Yavapai-Apache Nation, acting on behalf of 
     the Yavapai-Apache Nation and the Members of the Yavapai-
     Apache Nation, and the United States, acting as trustee for 
     the YAN and the Members of the YAN (but not Members in the 
     capacity of the Members as Allottees), shall retain any 
     right--
       (A) subject to Subparagraph 17.9 of the Agreement, to 
     assert claims for injuries to, and seek enforcement of, their 
     rights under the Agreement or this division in any Federal or 
     State court of competent jurisdiction;
       (B) to assert claims for injuries to, and seek enforcement 
     of, their rights under any judgment or decree entered by the 
     Gila River Adjudication Court, including the Verde River 
     Decree;
       (C) to assert claims for Water Rights or Injury to Water 
     Rights acquired before the Enforceability Date pursuant to 
     Subparagraph 4.14.1 of the Agreement;
       (D) to challenge or 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;
       (E) 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;
       (F) to assert claims for Injury to Water Rights arising 
     after the Enforceability Date for YAN Land resulting from any 
     off-Reservation Diversion of Surface Water within the Verde 
     River Watershed, other than from a well, if the Diversion or 
     Use of Surface Water was first initiated after the Effective 
     Date and was not the subject of a permit to appropriate 
     Surface Water issued by the Arizona Department of Water 
     Resources before the Effective Date; and
       (G) to assert claims for Injury to Water Rights arising 
     after the Enforceability Date for YAN Land resulting from any 
     off-Reservation Diversion or Use of Water from a well, if--
       (i) the Water is determined by the Gila River Adjudication 
     Court to be Surface Water; and
       (ii) the well is located within the Verde River Watershed 
     above USGS Gage No. 09506000 identified as ``Verde River near 
     Camp Verde, AZ''; and
       (iii) the well was constructed after the Effective Date; 
     and
       (iv) the well is not:

       (I) a Replacement Well; or
       (II) a new point of Diversion for a Surface Water Use 
     predating the Effective Date; or
       (III) operated by a Municipal Water Provider pursuant to an 
     agreement with the Yavapai-Apache Nation under Subparagraph 
     16.1.2 of the Agreement; or
       (IV) constructed for Domestic Use or Stock Watering Use; or
       (V) constructed to supply a Stockpond with a capacity not 
     to exceed 4 acre-feet; or
       (VI) used by a city or town in the Prescott active 
     management area to:

       (aa) withdraw Underground Water from land located in the 
     Big Chino sub-basin of the Verde River groundwater basin that 
     has historically irrigated acres for transportation to an 
     adjacent initial active management area under the criteria 
     set forth in A.R.S. Sec. 45-555(A)-(D), as that statute 
     exists as of the Effective Date, a copy of which is attached 
     as Exhibit 13.1.3 to the Agreement; or
       (bb) withdraw and transport 8,068 AFY of Underground Water 
     from the Big Chino sub-basin of the Verde River groundwater 
     basin to the Prescott active management area pursuant to the 
     criteria set forth in A.R.S. Sec. 45-555(E) and (G), as that 
     statute exists as of the Effective Date, a copy of which is 
     attached as Exhibit 13.1.3 to the Agreement; or
       (cc) withdraw and transport Underground Water from land 
     located in the Big Chino sub-basin of the Verde River 
     groundwater basin to the Prescott active management area to 
     meet the additional needs of an Indian tribe in the Prescott 
     active management area pursuant to a federally-approved 
     Indian water rights settlement under A.R.S Sec. 45-555(G) and 
     (F), as that statute exists as of the Effective date, a copy 
     of which is attached as Exhibit 13.1.3 to the Agreement.

       (VII) providing a source of supply for an M&I Use for a 
     Municipal Water Provider or a Public Water System (that does 
     not have an agreement with the YAN pursuant to subparagraph 
     16.1.2 of the Agreement) that meets all of the following 
     conditions:

       (aa) The well is located outside the lateral limits of the 
     Verde River Subflow Zone.
       (bb) All buildings constructed after the well is drilled 
     that are served by the Municipal Water Provider or Public 
     Water System have WaterSense Labeled Fixtures, or fixtures 
     that are equivalent to or exceed WaterSense specifications 
     for water efficiency and performance as set forth in Exhibit 
     2.90 to the Agreement.
       (cc) The Municipal Water Provider or Public Water System 
     uses its best efforts to ensure that all outdoor landscaping 
     installed after the well is drilled that is served by the 
     Municipal Water Provider or Public Water System uses only 
     native or drought tolerant plants, except as provided for in 
     item (dd).
       (dd) All turf or other landscape areas not using native or 
     drought tolerant plants, including for schools, parks, 
     cemeteries, golf courses, or common areas, installed after 
     the well is drilled are, to the extent permitted by State 
     law, prohibited by the Municipal Water Provider or Public 
     Water System unless the plants are 100% served with Effluent, 
     greywater, harvested rainwater, or some combination thereof.
       (ee) Ornamental water features (except swimming pools), 
     ponds, and lakes constructed after the well is drilled are, 
     to the extent permitted by State law, prohibited by the 
     Municipal Water Provider or Public Water System unless the 
     features, ponds, and lakes are 100% served with Effluent, 
     greywater, harvested rainwater, or some combination thereof.
       (b) Waiver, Release, and Retention of Claims for Water 
     Rights and Injury to

[[Page S6158]]

     Water Rights by the Yavapai-apache Nation, on Behalf of the 
     Yavapai-apache Nation and the Members of the Yavapai-apache 
     Nation (but Not Members in the Capacity of the Members as 
     Allottees), Against the United States.--
       (1) Except as provided in paragraph (3), the Yavapai-Apache 
     Nation, acting on behalf of the Yavapai-Apache Nation and the 
     Members of the Yavapai-Apache Nation (but not Members in the 
     capacity of the Members as Allottees), as part of the 
     performance of the obligations of the Yavapai-Apache Nation 
     under the Agreement and this division, shall 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--
       (A) Past, present, and future claims for Water Rights, 
     including rights to Colorado River water, for YAN Land, 
     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 Yavapai-Apache Nation, 
     the predecessors of the Yavapai-Apache Nation, the Members of 
     the Yavapai-Apache Nation, or the predecessors of the members 
     of the Yavapai-Apache Nation;
       (C) Past and present claims relating in any manner to 
     damage, losses, or injury to 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;
       (D) Past and present claims for Injury to Water Rights, 
     including rights to Colorado River water, for YAN Land, 
     arising from time immemorial through the Enforceability Date;
       (E) Past, present, and future claims for Injury to 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 Yavapai-Apache 
     Nation, the predecessors of the Yavapai-Apache Nation, the 
     Members of the Yavapai-Apache Nation, or the predecessors of 
     the members of the Yavapai-Apache Nation;
       (F) Claims for Injury to Water Rights, including injury to 
     rights to Colorado River water, arising after the 
     Enforceability Date for YAN Land, resulting from the off-
     Reservation Diversion or Use of Water in a manner not in 
     violation of the Agreement or State law; and
       (G) Past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Agreement, any judgment or decree approving 
     or incorporating the Agreement, or this division.
       (2) The waiver and release of claims described in paragraph 
     (1) shall be in the form set forth in Exhibit 13.2 to the 
     Agreement and shall take effect on the Enforceability Date.
       (3) Notwithstanding the waiver and release of claims 
     described in paragraph (1) and set forth in Exhibit 13.2 to 
     the Agreement, the Yavapai-Apache Nation and the Members of 
     the Yavapai-Apache Nation (but not Members in the capacity of 
     the Members as Allottees) shall retain any right--
       (A) subject to Subparagraph 17.9 of the Agreement, to 
     assert claims for injuries to, and seek enforcement of, their 
     rights under the Agreement or this division in any Federal or 
     State court of competent jurisdiction;
       (B) to assert claims for injuries to, and seek enforcement 
     of, their rights under any judgment or decree entered by the 
     Gila River Adjudication Court, including the Verde River 
     Decree;
       (C) to assert claims for Water Rights or Injury to Water 
     Rights acquired before the Enforceability Date pursuant to 
     Subparagraph 4.14.1 of the Agreement;
       (D) to challenge or 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;
       (E) 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;
       (F) to assert claims for Injury to Water Rights arising 
     after the Enforceability Date for YAN Land resulting from any 
     off-Reservation Diversion of Surface Water within the Verde 
     River Watershed, other than from a well, if the Diversion or 
     Use of Surface Water was first initiated after the Effective 
     Date and was not the subject of a permit to appropriate 
     Surface Water issued by the Arizona Department of Water 
     Resources before the Effective Date; and
       (G) to assert claims for Injury to Water Rights arising 
     after the Enforceability Date for YAN Land resulting from any 
     off-Reservation Diversion or Use of Water from a well, if--
       (i) the Water is determined by the Gila River Adjudication 
     Court to be Surface Water; and
       (ii) the well is located within the Verde River Watershed 
     above Gage No. 09506000, Verde River near Camp Verde, AZ; and
       (iii) the well was constructed after the Effective Date; 
     and
       (iv) the well is not:

       (I) a Replacement Well; or
       (II) a new point of Diversion for a Surface Water Use 
     predating the Effective Date; or
       (III) operated by a Municipal Water Provider pursuant to an 
     agreement with the Yavapai-Apache Nation under Subparagraph 
     16.1.2 of the Agreement; or
       (IV) constructed for Domestic Use or Stock Watering Use; or
       (V) constructed to supply a Stockpond with a capacity not 
     to exceed 4 acre-feet.

       (c) Waiver, Release and Retention of Claims by the United 
     States in All Capacities (except as Trustee for an Indian 
     Tribe Other Than the Yavapai-apache Nation) Against the 
     Yavapai-apache Nation and the Members of the Yavapai-apache 
     Nation.--
       (1) Except as provided in paragraph (3), the United States, 
     in all capacities (except as trustee for an Indian Tribe 
     other than the Yavapai-Apache Nation), as part of the 
     performance of the obligations of the United States under the 
     Agreement and this division, shall execute a waiver and 
     release of all claims against the Yavapai-Apache Nation, the 
     Members of the Yavapai-Apache Nation, or any agency, 
     official, or employee of the Yavapai-Apache Nation, 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 YAN 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 YAN Land in a manner that is not in violation of the 
     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 Agreement, any judgment or decree approving 
     or incorporating the Agreement, or this division.
       (2) The waiver and release of claims described in paragraph 
     (1) shall be in the form set forth in Exhibit 13.3 to the 
     Agreement and shall take effect on the Enforceability Date.
       (3) Notwithstanding the waiver and release of claims 
     described in paragraph (1) and set forth in Exhibit 13.3 to 
     the Agreement, the United States shall retain any right to 
     assert any claim not expressly waived in accordance with that 
     paragraph and that exhibit.
       (d) No Effect on Actions Relating to Health, Safety or 
     Environment.--Nothing in the Agreement or this division 
     affects any right of the United States or the Yavapai-Apache 
     Nation on behalf of the Yavapai-Apache Nation, or on behalf 
     of the Members of the Yavapai-Apache Nation, to take any 
     action authorized by law relating to health, safety, or the 
     environment, including--
       (1) The Federal Water Pollution Control Act, commonly known 
     as ``the Clean Water Act'', (33 U.S.C.1251 et seq.);
       (2) The Safe Drinking Water Act (42 U.S.C. 300f et seq.).
       (3) The Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
       (4) any regulations implementing the Acts described in 
     subsection (d)(1), (d)(2) or (d)(3).

     SEC. 5109. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS; 
                   EFFECT ON MEMBERS OF THE YAVAPAI-APACHE NATION 
                   AND DINAH HOOD ALLOTMENT.

       (a) In General.--The benefits provided under the Agreement 
     and this division shall be in complete replacement of, 
     complete substitution for, and full satisfaction of any claim 
     of the Yavapai-Apache Nation and the Members of the Yavapai-
     Apache Nation (but not Members in the capacity of the Members 
     as Allottees) against the parties to the Agreement, including 
     the United States, that is waived and released by the 
     Yavapai-Apache Nation acting on behalf of the Yavapai-Apache 
     Nation and the Members of the Yavapai-Apache Nation (but not 
     Members in the capacity of the Members as Allottees) pursuant 
     to sections 5108(a) and 5108(b) of this division and 
     Subparagraphs 13.1 and 13.2 to the Agreement.
       (b) Entitlements.--Any entitlement to Water of the Yavapai-
     Apache Nation and the Members of the Yavapai-Apache Nation 
     (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 Yavapai-Apache Nation and the 
     Members of the Yavapai-Apache Nation (but not Members in the 
     capacity of the Members as Allottees), for YAN Land shall be 
     satisfied out of the water resources and other benefits 
     granted, confirmed, quantified, or recognized by the 
     Agreement or this division to or for the Yavapai-Apache 
     Nation, the Members of the Yavapai-Apache Nation (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 Yavapai-Apache Nation and the Members of the 
     Yavapai-Apache Nation (but not Members in the capacity of the 
     Members as Allottees).
       (c) Savings Provision.--Notwithstanding subsections (a) and 
     (b), nothing in the Agreement or this division--
       (1) recognizes or establishes any right of a Member of the 
     Yavapai-Apache Nation to Water on YAN Land; or
       (2) prohibits the Yavapai-Apache Nation from acquiring 
     additional Water Rights by

[[Page S6159]]

     purchase or donation of land, credits, or Water Rights.
       (d) Effect on Members of the Yavapai-apache Nation.--Except 
     as provided in subsections (a) and (b) and sections 5108(a) 
     and 5108(b), the Agreement and this division shall not affect 
     any rights of any Member of the Yavapai-Apache Nation to 
     water for land outside of YAN Land.
       (e) Effect on Dinah Hood Allotment.--
       (1) In general.--
       (A) Nothing in the Agreement and this division quantifies 
     or diminishes any Water Right, or any claim or entitlement to 
     Water for the Dinah Hood Allotment; or
       (B) precludes beneficial owners of the Dinah Hood 
     Allotment, or the United States, acting in its capacity as 
     trustee for beneficial owners of the Dinah Hood allotment, 
     from making claims for Water Rights in Arizona. To the extent 
     authorized by applicable law, beneficial owners of the Dinah 
     Hood Allotment, or the United States, acting in its capacity 
     as trustee for beneficial owners of the Dinah Hood allotment, 
     may make claims to, and may be adjudicated, individual Water 
     Rights in Arizona.
       (2) Exception.--Notwithstanding paragraph (1), the Yavapai-
     Apache Nation, in its capacity as a holder of a beneficial 
     real property interest in the Dinah Hood Allotment, shall not 
     object to, challenge or dispute the claims of Water users to 
     Water from the Verde River Watershed, in the Gila River 
     Adjudication Proceedings or in any other judicial or 
     administrative proceeding.

     SEC. 5110. TRUST LAND.

       (a) Yavapai-apache Reservation.--The Yavapai-Apache 
     Reservation includes--
       (1) the land located within the exterior boundaries of the 
     Yavapai-Apache Reservation as described and depicted in 
     Exhibits 2.96A through E and Exhibit 2.102 to the Agreement, 
     as documented by the Department Interior Division of Land 
     Titles and Records Office;
       (2) the land added to the Reservation pursuant to 
     subsection (b);
       (3) the land added to the Reservation pursuant to section 
     5201(c); and
       (4) land that, as of the Enforceability Date, has been 
     added to the Reservation pursuant to Federal law.
       (b) Land to Be Taken Into Trust.--
       (1) In general.--Within thirty (30) days of enactment of 
     this division, the Secretary is authorized and directed to 
     accept the transfer of title to the land shown on the maps in 
     Exhibits 2.98A and 2.98B to the Agreement, as identified in 
     subparagraphs (A), (B), (C), (D), (E), (F), and (G) and to 
     hold such land in trust for the benefit of the Yavapai-Apache 
     Nation.
       (A) Otter waters.--A tract of land located in Section 33, 
     Township 15 North, Range 4 East, Gila and Salt River Base and 
     Meridian, Yavapai County, Arizona, as described in instrument 
     number 2023-0005245 recorded on February 3, 2023 in the 
     records of the Yavapai County Recorder.
       (B) Cemetery property.--A tract of land located in the East 
     half of the Northeast quarter of Section 11, Township 14 
     North, Range 4 East, Gila and Salt River Meridian, Yavapai 
     County, Arizona, as described in instrument number 2023-
     0025892 recorded on June 15, 2023 in the records of the 
     Yavapai County Recorder.
       (C) Brown property.--
       (i) Parcel 1.--A tract of land located in the Southwest 
     quarter of the Southwest quarter of Section 2, Township 14 
     North, Range 4 East of the Gila and Salt River Base and 
     Meridian, Yavapai County, Arizona, as described in instrument 
     number 2021-0087445 recorded on December 9, 2021 in the 
     records of the Yavapai County Recorder.
       (ii) Parcel 2.--A tract of land located in the Southwest 
     quarter of the Southwest quarter of Section 2 and the 
     Northwest quarter of the Northwest quarter of Section 11, 
     Township 14 North, Range 4 East of the Gila and Salt River 
     Base and Meridian, Yavapai County, Arizona, as described in 
     instrument number 2021-0087445 recorded on December 9, 2021 
     in the records of the Yavapai County Recorder.
       (D) Distantce drums rv park property.--
       (i) Parcel 1.--A tract of land as recorded in Book 3627, 
     Page 782, Records of Yavapai County, located in a portion of 
     Government Lots 10 and 11 of Section 7 and Government Lots 13 
     and 14 of Section 18, Township 14 North, Range 5 East of the 
     Gila and Salt River Base and Meridian, Yavapai County, 
     Arizona, as described in Book 4332, Page 281 recorded on 
     November 7, 2005 in the records of the Yavapai County 
     Recorder.
       (ii) Parcel 2.--A tract of land located in a portion of 
     Government Lot 12 of Section 7, Township 14 North, Range 5 
     East of the Gila and Salt River Base and Meridian, Yavapai 
     County, Arizona, as described in Book 4332, Page 281 recorded 
     on November 7, 2005 in the records of the Yavapai County 
     Recorder.
       (iii) Parcel 3.--A tract of land located in Section 7, 
     Township 14 North, Range 5 East of the Gila and Salt River 
     Base and Meridian, Yavapai County, Arizona, as described in 
     Book 4332, Page 281 recorded on November 7, 2005 in the 
     records of the Yavapai County Recorder.
       (E) Sonic/chevron property.--
       (i) Parcel 1.--A tract of land located in that part of Lot 
     13, Section 18, Township 14, North, Range 5 East of the Gila 
     and Salt River Base and Meridian, Yavapai County, Arizona, 
     being a portion of that parcel of land described in Book 
     3068, Page 519 in the Office of the Yavapai County Recorder, 
     as described in Book 4115, Page 876 recorded on February 2, 
     2004 in the records of the Yavapai County Recorder.
       (ii) Parcel 2.--A tract of land located in that part of Lot 
     13, Section 18, Township 14 North, Range 5 East of the Gila 
     and Salt River Base and Meridian, Yavapai County, Arizona, 
     being a portion of that parcel of land described in Book 
     3068, Page 519 in the Office of the Yavapai County Recorder, 
     as described in Book 4115, Page 876 recorded on February 2, 
     2004 in the records of the Yavapai County Recorder.
       (iii) Parcel 3.--A tract of land located in that part of 
     Lot 13, Section 18, Township 14 North, Range 5 East of the 
     Gila and Salt River Base and Meridian, Yavapai County, 
     Arizona, being a portion of that parcel of land described in 
     Book 3068, Page 519 in the office of the Yavapai County 
     Recorder, as described in Book 4115, Page 888 recorded on 
     February 2, 2004 in the records of the Yavapai County 
     Recorder.
       (F) Arena del loma property.--
       (i) Parcel 1.--A tract of land located in Section 19, 
     Township 14 North, Range 5 East of the Gila and Salt River 
     Base and Meridian, Yavapai County, Arizona, as described in 
     instrument number 2020-0044727 recorded on August 7, 2020 in 
     the records of the Yavapai County Recorder.
       (ii) Parcel 2.--A tract of land located in Section 19, 
     Township 14 North, Range 5 East of the Gila and Salt River 
     Base and Meridian, Yavapai County, Arizona, lying within 
     South Middle Verde Road (Arena Del Loma Road) as abandoned by 
     Town of Camp Verde, as shown on plat of record in Book 198 of 
     Maps, Page 51, records of Yavapai County, Arizona, as 
     described in instrument number 2020-0044727 recorded on 
     August 7, 2020 in the records of the Yavapai County Recorder.
       (iii) Parcel 3.--A tract of land located in the Northeast 
     quarter of Section 19, Township 14 North, Range 5 East, of 
     the Gila and Salt River Base and Meridian, Yavapai County, 
     Arizona, being a portion of that parcel described in Book 
     4227, page 525 Record Source #1 (R1), records of the Yavapai 
     County Recorder's Office, as described in instrument number 
     2022-0059695 recorded on October 6, 2022 in the records of 
     the Yavapai County Recorder.
       (G) Giant's grave property.--
       (i) Parcel 1.--A tract of land located in the Northeast 
     quarter of the Southwest quarter of Section 19, Township 16 
     North, Range 3 East of the Gila and Salt River Base and 
     Meridian, Yavapai County, Arizona, as described in Book 3319, 
     Page 620, instrument number 9667800 recorded on November 27, 
     1996 in the records of the Yavapai County Recorder.
       (ii) Parcel 2.--A tract of land located in the South half 
     of the South half of Section 19 and in the Northeast quarter 
     of the Northwest quarter of Section 30, Township 16 North, 
     Range 3 East of the Gila and Salt River Base and Meridian, 
     Yavapai County, Arizona, as described in Book 3319, Page 620, 
     instrument number 9667800 recorded on November 27, 1996 in 
     the records of the Yavapai County Recorder.
       (iii) Parcel 3.--A tract of land 20 feet in width and more 
     or less 178 feet in length located in the South \1/2\ of 
     Section 19, Township 16 North, Range 3 East of the Gila and 
     Salt River Base and Meridian, Yavapai County, Arizona, being 
     a portion of that certain parcel of land described in Book 
     3568, Page 18, Official Records recorded in the Yavapai 
     County Recorder's Office, Yavapai County, Arizona, as 
     described in instrument number 2022-0036985 recorded on June 
     15, 2022 in the records of the Yavapai County Recorder.
       (2) Reservation status.--The land taken into trust under 
     paragraph (1) shall be a part of the Yavapai-Apache 
     Reservation and administered in accordance with the laws and 
     regulations generally applicable to the land held in trust by 
     the United States for an Indian Tribe.
       (3) Valid existing rights.--The land taken into trust under 
     paragraph (1) shall be subject to valid existing rights, 
     including easements, rights-of-way, contracts, and 
     managements agreements.
       (4) Limitations.--Nothing in this subsection affects any 
     right or claim of the Yavapai-Apache Nation to any land or 
     interest in land in existence before the date of enactment of 
     this division.
       (5) Land descriptions.--The Secretary may correct, by 
     mutual agreement with the Yavapai-Apache Nation, any errors 
     in the land descriptions of the land conveyed to the 
     Secretary pursuant to this subsection and section 5201(b).
       (6) Conflict.--If there is a conflict between a map and a 
     description of land in this division, the map shall control 
     unless the Secretary and the Yavapai-Apache Nation mutually 
     agree otherwise.

     SEC. 5111. YAVAPAI-APACHE NATION CAP WATER.

       (a) Yavapai-apache Nation Amended Cap Water Delivery 
     Contract.--
       (1) In general.--In accordance with the Yavapai-Apache 
     Nation Water Rights Settlement Agreement and the requirements 
     described in paragraph (2), the Secretary shall enter into 
     the YAN Amended CAP Water Delivery Contract.
       (2) Requirements.--The requirements referred to in 
     paragraph (1) are the following:
       (A) In general.--The YAN Amended CAP 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.

[[Page S6160]]

       (B) Yan cap water.--
       (i) In general.--The YAN CAP water may be delivered for use 
     in the State through--

       (I) any project authorized under this division; or
       (II) the CAP System.

       (C) Contractual delivery.--The Secretary shall deliver the 
     YAN CAP water to Yavapai-Apache Nation in accordance with the 
     terms and conditions of the YAN Amended CAP Water Delivery 
     Contract .
       (D) Delivery of cap indian priority water.--
       (i) In general.--If a time of shortage exists, as that term 
     is described in the YAN Amended CAP Water Delivery Contract, 
     the amount of CAP Indian Priority Water available to the YAN 
     in such Year shall be computed in accordance with subsection 
     5.8 of the YAN Amended CAP Repayment Contract.
       (E) Leases and exchanges of yavapai-apache nation cap 
     water.--On or after the date on which the YAN Amended CAP 
     Water Delivery Contract becomes effective, the Yavapai-Apache 
     Nation may, with the approval of the Secretary, enter into 
     contracts or options to lease or to exchange YAN CAP Water in 
     Coconino, Gila, Maricopa, Pinal, Pima, and Yavapai counties, 
     Arizona, providing for the temporary delivery to any 
     individual or entity of any portion of the YAN CAP Water.
       (F) Terms 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) Exchanges.--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 YAN 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 YAN CAP Water 
     may be permanently alienated.
       (H) Entitlement to lease and exchange funds; obligations of 
     the united states.--
       (i) Entitlement.--

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

       (ii) Obligations of the 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 Yavapai-Apache Nation as 
     consideration under any contract to lease, option to lease, 
     contract to exchange, or option to exchange the YAN CAP Water 
     entered into by Yavapai-Apache Nation, except in a case in 
     which the Yavapai-Apache Nation deposits the proceeds of any 
     lease, option to lease, contract to exchange, or option to 
     exchange into an account held in trust for the Yavapai-Apache 
     Nation by the United States.
       (I) Water use and storage.--
       (i) In general.--The Yavapai-Apache Nation may use YAN CAP 
     Water on or off the YAN Reservation.
       (ii) Storage.--The Yavapai-Apache Nation, in accordance 
     with State law, may store YAN CAP Water at 1 or more 
     underground storage facilities or groundwater savings 
     facilities.
       (iii) Assignment.--The Yavapai-Apache Nation may, without 
     the approval of the Secretary, sell, transfer, or assign any 
     long-term storage credits accrued as a result of storage 
     described in clause (ii).
       (J) Use outside state.--The Yavapai-Apache Nation may not 
     use, lease, exchange, forbear, or otherwise transfer any YAN 
     CAP Water for use directly or indirectly outside the State.
       (K) 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 
     YAN CAP Water.
       (ii) Payment of charges.--Except as provided in 
     subparagraph (N), all CAP Fixed OM&R charges associated with 
     the delivery of YAN CAP Water to the Yavapai-Apache Nation 
     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 Yavapai-Apache Nation.

       (L) Cap pumping energy charges.--
       (i) In general.--The CAP Operating Agency shall be paid the 
     CAP Pumping Energy Charge associated with the delivery of YAN 
     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 (N), any applicable CAP Pumping 
     Energy Charge associated with the delivery of the YAN CAP 
     Water shall be paid by the Yavapai-Apache Nation.
       (M) Waiver of property tax equivalency payments.--No 
     property tax or in-lieu property tax equivalency shall be due 
     or payable by the Yavapai-Apache Nation for the delivery of 
     CAP Water or for the storage of CAP Water in an underground 
     storage facility or groundwater savings facility.
       (N) Lessee responsibility for charges.--
       (i) In general.--Any lease or option to lease providing for 
     the temporary delivery to other persons of any YAN CAP Water 
     shall require the lessee to pay to the CAP Operating Agency 
     the CAP Fixed OM&R Charge and the CAP Pumping Energy Charge 
     associated with the delivery of the leased water.
       (ii) No responsibility for payment.--Neither the Yavapai-
     Apache Nation nor the United States in any capacity shall be 
     responsible for the payment of any charges associated with 
     the delivery of the YAN CAP Water leased to other persons.
       (O) Advance payment.--No YAN CAP Water shall be delivered 
     unless the CAP Fixed OM&R Charge and any applicable CAP 
     Pumping Energy Charge associated with the delivery of that 
     water have been paid in advance.
       (P) Calculation.--The charges for delivery of YAN CAP Water 
     pursuant to the Yavapai-Apache Nation Amended CAP Water 
     Delivery Contract shall be calculated in accordance with the 
     CAP Repayment Stipulation.
       (Q) 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 YAN CAP Water, whether such 
     water is delivered for use by the Yavapai-Apache Nation, or 
     in accordance with any assignment, exchange, lease, option to 
     lease, or other agreement for the temporary disposition of 
     YAN CAP Water entered into by the YAN, shall be--
       (i) nonreimbursable; and
       (ii) excluded from the repayment obligation of the Central 
     Arizona Water Conservation District.
       (R) Nonreimbursable cap construction costs.--
       (i) In general.--With respect to the costs associated with 
     the construction of the CAP System allocable to the Yavapai-
     Apache Nation--

       (I) the costs shall be nonreimbursable; and
       (II) the Yavapai-Apache Nation shall have no repayment 
     obligation for the costs.

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

       (I) for use by the Yavapai-Apache Nation; or
       (II) under any lease, option to lease, exchange, or option 
     to exchange entered into by the Yavapai-Apache Nation.

     SEC. 5112. ENFORCEABILITY DATE.

       (a) In General.--The Agreement, including the waivers and 
     releases of claims described in section 5108, 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 Agreement conflicts with this 
     division--
       (A) the Agreement has been revised through an amendment to 
     eliminate the conflict; and
       (B) the revised Agreement, including any exhibit requiring 
     amendment or execution by any party to the Agreement, has 
     been executed by all required parties;
       (2) the waivers, releases and retentions of claims 
     described in paragraph 13.0 of the Agreement and in section 
     5108 of this division have been executed by the Yavapai-
     Apache Nation, the United States, and the other parties to 
     the Agreement;
       (3) the full amount described in section 5107(a)(1)(A), as 
     adjusted by section 5107(d)(1), has been deposited into the 
     Cragin-Verde Pipeline Account of the Tu nl[[nichoh Water 
     Infrastructure Project Fund;
       (4) the full amount described in section 5107(a)(1)(B), as 
     adjusted by section 5107(d)(1), has been deposited into the 
     YAN Drinking Water System Account of the Tu nl[[nichoh Water 
     Infrastructure Project Fund;
       (5) the full amounts described in sections 5107(a)(2)(A), 
     (B), (C), (D) and (E), as adjusted by section 5107(d)(2), 
     have been deposited into the Trust Fund;
       (6) the Arizona Department of Water Resources has 
     conditionally approved the severance and transfer of the 
     right of SRP to the diversion and beneficial use of water 
     under Arizona Department of Water Rights Certificate of Water 
     Right No. 3696.0002 as described in Paragraph 8.0 of the 
     Agreement, in an amount not to exceed an average of 3,410.26 
     AFY, up to a maximum of 3,977.92 acre-feet in any given Year, 
     to the Nation and the United States in its capacity as 
     trustee for the Nation, and has issued a conditional 
     certificate of water right to the Nation and the United 
     States in its capacity as trustee for the Nation, to become 
     effective on the Enforceability Date;
       (7) the changes in places of use and points of diversion 
     for the surface water rights to the Verde River as described 
     in Subparagraph 5.4 of the Agreement have been conditionally 
     approved, to become effective on the Enforceability Date, 
     provided that the YAN, in its sole discretion, may waive this 
     condition;
       (8) the Gila River Adjudication Court has included the 
     water right for instream flow for the Nation and the United 
     States as trustee for the Nation, as described in 
     Subparagraphs 11.2 and 11.3 of the YAN Judgment, which 
     substantially conforms to the

[[Page S6161]]

     attributes described in Exhibit 11.1B to the Agreement, 
     provided that the Nation, in its sole discretion, may waive 
     this condition;
       (9) except as otherwise provided in paragraphs (7) and (8), 
     the Gila River Adjudication Court has approved the YAN 
     Judgment in substantially the same form attached as Exhibit 
     13.9 to the Agreement, as amended to ensure consistency with 
     this division;
       (10) the Secretary has issued a final record of decision 
     approving the construction of the Tu nl[[nichoh Water 
     Infrastructure Project as described section 5103 of this 
     division;
       (11) the Nation and the Town of Clarkdale have executed the 
     Water and Sewer Service Agreement described in Exhibit 
     16.1.2.3 to the Agreement, provided that, the Nation, in its 
     sole discretion, may waive this condition;
       (12) the Nation and the Town of Camp Verde have executed 
     the Interconnection and Exchange Agreement described in 
     Exhibit 16.1.2.2 to the Agreement provided that, the Nation, 
     in its sole discretion, may waive this condition; and
       (13) The tribal council of the Yavapai-Apache Nation has 
     adopted a resolution, as described in section 5113(a) of this 
     division, consenting to the limited waiver of sovereign 
     immunity from suit in the circumstances described in section 
     5113(a)(3).
       (b) Failure to Satisfy Conditions.--
       (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 June 30, 2035, 
     or such alternative later date as may be agreed to by the 
     Yavapai-Apache Nation, the Secretary, and the State:
       (A) this division is repealed with the exception described 
     in paragraph (2) below;
       (B) any action taken by the Secretary and any contract or 
     agreement entered into pursuant to this division shall be 
     void;
       (C) The United States shall be entitled to Offset any 
     Federal amounts made available under section 5107(e)(2) that 
     were used under that section against any claims asserted by 
     the Yavapai-Apache Nation against the United States; and
       (D) Any amounts appropriated under section 5107, together 
     with any investment earnings on those amounts, less any 
     amounts expended under section 5104(e)(2), shall revert 
     immediately to the general fund of the Treasury.
       (2) Exception.--Notwithstanding subsection (b)(1), if the 
     Secretary fails to publish in the Federal Register a 
     statement of findings under subsection (a) by June 30, 2035, 
     or such alternative later date as may be agreed to by the 
     Yavapai-Apache Nation, the Secretary, and the State, sections 
     5110 and 5201 shall remain in effect.

     SEC. 5113. ADMINISTRATION.

       (a) Limited Waiver of Sovereign Immunity by the Yavapai-
     apache Nation and the United States Acting as Trustee for the 
     Yavapai-apache Nation.--
       (1) In general.--The Yavapai-Apache Nation, and the United 
     States acting as trustee for the Yavapai-Apache Nation, may 
     be joined in any action brought in any circumstance described 
     in paragraph (3), and any claim by the Yavapai-Apache Nation 
     and the United States to sovereign immunity from any such 
     action is waived.
       (2) Consent of yavapai-apache nation.--By resolution dated 
     June 26, 2024, the Yavapai-Apache Nation Council has 
     affirmatively consented to the limited waiver of sovereign 
     immunity from suit in any circumstance described in paragraph 
     (3) notwithstanding any provision of the Yavapai-Apache 
     Nation Code or any other Yavapai-Apache Nation law.
       (3) Circumstances described.--A circumstance referred to in 
     paragraphs (1) and (2) is described as any of the following:
       (A) Any party to the Agreement:
       (i) brings an action in any court of competent jurisdiction 
     relating only and directly to the interpretation or 
     enforcement of:

       (I) this division; or
       (II) the Agreement and exhibits to the Agreement;

       (ii) names the Yavapai-Apache Nation, or the United States 
     acting as trustee for the Yavapai-Apache Nation, as a party 
     in that action; and
       (iii) doesnot include any request for award against the 
     Yavapai-Apache Nation, or the United States acting as trustee 
     for the Yavapai-Apache Nation, for money damages, court 
     costs, or attorney fees, except for claims brought by a party 
     pursuant to the YAN-SRP Water Delivery and Use Agreement and 
     YAN-SRP Exchange Agreement.
       (B) Any landowner or water user in the Gila River 
     Watershed:
       (i) brings an action in any court of competent jurisdiction 
     relating only and directly to the interpretation or 
     enforcement of:

       (I) paragraph 13.0 of the Agreement;
       (II) the Gila River Adjudication Decree;
       (III) section 5108 of this division; or

       (ii) names the Yavapai-Apache Nation, or the United States 
     acting as trustee for the Yavapai-Apache Nation, as a party 
     in that action; and
       (iii) shall not include any request for award against the 
     Yavapai-Apache Nation, or the United States acting as trustee 
     for the Yavapai-Apache Nation, for money damages, court costs 
     or attorney fees.
       (b) Antideficiency.--Notwithstanding any authorization of 
     appropriations to carry out this division, the United States 
     shall not be liable for any failure of the United States to 
     carry out any obligation or activity authorized by this 
     division (including all agreements or exhibits ratified or 
     confirmed by this division) if adequate appropriations are 
     not provided expressly by Congress to carry out the purposes 
     of this division.
       (c) Applicability of Reclamation Reform Act.--The 
     Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) and 
     any other acreage limitation or full-cost pricing provision 
     under Federal law shall not apply to any individual, entity, 
     or land solely on the basis of--
       (1) receipt of any benefit under this title;
       (2) the execution or performance of the Agreement; or
       (3) the use, storage, delivery, lease, or exchange of CAP 
     water.

     SEC. 5114. MISCELLANEOUS.

       (a) C.c. Cragin Dam and Reservoir.--Section 213(i)(3)(B) of 
     the Gila River Indian Community Water Rights Settlement Act 
     of 2004 (Public Law 108-451; 118 Stat. 3533) is amended--
       (1) by striking ``Blue Ridge Reservoir'' and inserting 
     ``C.C. Cragin Dam and Reservoir''; and
       (2) by adding at the end the following: ``Up to 1,639.74 
     acre-feet of water per year may be made available from the 
     C.C. Cragin Reservoir for municipal and domestic uses in 
     Yavapai County, Arizona, without cost to the Salt River 
     Federal Reclamation Project, provided that, on or before 
     December 31, 2029, water users in Yavapai County have 
     contracted with the Salt River Federal Reclamation Project 
     for the use of the water described in this subparagraph.''.
       (b) Effect of Title.--Nothing in this title quantifies or 
     otherwise affects any water right or claim or entitlement to 
     water of any Indian tribe, band, or community other than the 
     Yavapai-Apache Nation.

                TITLE LII--YAVAPAI-APACHE LAND EXCHANGE

     SEC. 5201. YAVAPAI-APACHE LAND EXCHANGE.

       (a) Yavapai-apache Land Exchange.--Notwithstanding any 
     other provision of law, the Secretary of the Department of 
     Agriculture is directed to--
       (1) within thirty (30) days of enactment of this division, 
     unless the Secretary of the Department of Agriculture has 
     already accepted title to such land, accept title to the Non-
     Federal Land consisting of approximately 4,781.96 acres owned 
     by the Yavapai-Apache Nation in the State, as described in 
     subparagraphs (4)(A), (B), (C), (D), (E) and (F) and Exhibits 
     2.98G-1, 2.98G-2, 2.98G-3, 2.98G-4, 2.98G-5 and 2.98G-6 to 
     the Agreement, and such lands are deemed added to each 
     National Forest listed in the description in subparagraphs 
     (a)(4)(A)-(F) upon the date of acceptance of title by the 
     Secretary of the Department of Agriculture;
       (2) within thirty (30) days of enactment of this division, 
     unless such lands have already been transferred by the Forest 
     Service to the Yavapai-Apache Nation, transfer the Federal 
     Land consisting of approximately 3,087.90 acres held by the 
     Forest Service, as described in subparagraphs (5)(A), (B), 
     (C), (D), (E), (F), (G), (H) and (I) and shown in Exhibit 
     2.98A to the Agreement, to the Secretary of the Interior to 
     be held in trust by the United States for the benefit of the 
     Yavapai-Apache Nation; and
       (3) within thirty (30) days of enactment of this division, 
     unless such lands have already been transferred by the Forest 
     Service to the Yavapai-Apache Nation as of the date of 
     enactment of this division, convey the Federal Land 
     consisting of approximately 118.92 acres held by the Forest 
     Service as described in subparagraph (5)(J), to the Yavapai-
     Apache Nation in fee.
       (4) Non-federal land.--For purposes of this subsection (b), 
     Non-Federal Land shall include the following as depicted in 
     Exhibit 2.98 of the Agreement:
       (A) Red Mountain at Yavapai Ranch Six Sections Parcel 
     (YAN1) - Prescott National Forest
       (B) Johnston Ranch Parcel (YAN2) - Coconino National Forest
       (C) Pinedale Parcel (YAN3) - Apache-Sitgreaves National 
     Forest
       (D) Laurel Leaf Parcel (YAN4) - Prescott National Forest
       (E) Heber Parcel (YAN5) - Apache-Sitgreaves National Forest
       (F) Williams Parcel (YAN6) - Kaibab National Forest
       (5) Federal land.--For purposes of this subsection (b), 
     Federal Land shall include the following as depicted in 
     Exhibit 2.98 of the Agreement:
       (A) Montezuma A Parcel (NF1)
       (B) Montezuma B Parcel (NF2)
       (C) Montezuma C Parcel (NF3)
       (D) Montezuma D Parcel (NF4)
       (E) Lower 260 Parcel (NF5)
       (F) Upper 260 Parcel (NF6)
       (G) Middle Verde A Parcel (NF7)
       (H) Middle Verde B Parcel (NF8)
       (I) Middle Verde C Parcel (NF9)
       (J) Cedar Ridge Parcel (NF10)
       (b) Land to Be Taken Into Trust.--If the lands described in 
     subparagraphs (5)(A), (B), (C), (D), (E), (F), (G), (H) and 
     (I) are held by the Yavapai-Apache Nation in fee as of the 
     date of enactment of this division, within thirty (30) days 
     of enactment of this division, the Secretary is authorized 
     and directed to take legal title to the land and hold such 
     land in trust for the benefit of the Yavapai-Apache Nation.
       (c) Reservation Status.--The land taken into trust under 
     subsection (b) shall be a part of the Yavapai-Apache 
     Reservation and administered in accordance with the laws and 
     regulations generally applicable to the land held in trust by 
     the United States for an Indian Tribe.
       (d) Valid Existing Rights.--The land taken into trust under 
     subsection (b) shall be

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     subject to valid existing rights, including easements, 
     rights-of-way, contracts, and managements agreements.
       (e) Limitations.--Nothing in this section 5201 affects any 
     right or claim of the Yavapai-Apache Nation to any land or 
     interest in land in existence before the date of enactment of 
     this division.

     SEC. 5202. TOWN OF CAMP VERDE AND FOREST SERVICE.

       Pursuant to existing authorities, the Forest Service shall 
     work expeditiously with the Town of Camp Verde to transfer 
     title to the Town of Camp Verde of up to 40 acres of Forest 
     Service land located at the intersection of Interstate 17 and 
     General Crook Trail within the municipal boundaries of the 
     Town of Camp Verde for public safety and other municipal 
     purposes.
                                 ______