[Congressional Record Volume 170, Number 145 (Wednesday, September 18, 2024)]
[Senate]
[Pages S6162-S6182]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3287. 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:

DIVISION E--NORTHEASTERN ARIZONA INDIAN WATER RIGHTS SETTLEMENT ACT OF 
                                  2024

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Northeastern Arizona 
     Indian Water Rights Settlement Act of 2024''.

     SEC. 5002. PURPOSES.

       The purposes of this division are--
       (1) to achieve a fair, equitable, and final settlement of 
     all claims to rights to water in the State for--
       (A) the Navajo Nation and Navajo Allottees;
       (B) the Hopi Tribe and Hopi Allottees;
       (C) the San Juan Southern Paiute Tribe; and
       (D) the United States, acting as trustee for the Navajo 
     Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, 
     Navajo Allottees, and Hopi Allottees;
       (2) to authorize, ratify, and confirm the Northeastern 
     Arizona Indian Water Rights Settlement Agreement entered into 
     by the Navajo Nation, the Hopi Tribe, the San Juan Southern 
     Paiute Tribe, the State, and other Parties to the extent that 
     the Settlement 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 
     Settlement Agreement and this division; and
       (4) to authorize funds necessary for the implementation of 
     the Settlement Agreement and this division.

     SEC. 5003. DEFINITIONS.

       In this division:
       (1) 1882 reservation.--The term ``1882 Reservation'' 
     means--
       (A) land within the exterior boundaries of the ``Hopi 
     Indian Reservation'' defined as District 6 in Healing v. 
     Jones, 210 F. Supp. 125, 173 (D. Ariz. 1962), aff'd, 373 U.S. 
     758 (1963), and Masayesva for and on Behalf of Hopi Indian 
     Tribe v. Hale, 118 F.3d 1371, 1375-76 (9th Cir. 1997); and
       (B) all land withdrawn by the Executive order of December 
     16, 1882, and partitioned to the Hopi Tribe in accordance 
     with section 4 of the Act of December 22, 1974 (Public Law 
     93-531; 88 Stat. 1713), by Judgment of Partition, February 
     10, 1977, Sekaquaptewa v. MacDonald, Case No. CIV-579-PCT-JAW 
     (D. Ariz.), aff'd, 626 F.2d 113 (9th Cir. 1980).
       (2) AFY.--The term ``AFY'' means acre-feet per year.
       (3) Arizona department of water resources.--The term 
     ``Arizona Department of Water Resources'' means the agency of 
     the State established pursuant to section 45-102 of the 
     Arizona Revised Statutes, or a successor agency or entity.
       (4) Bureau.--The term ``Bureau'' means the Bureau of 
     Reclamation.
       (5) CAP; central arizona project.--The terms ``CAP'' and 
     ``Central Arizona Project'' mean the Federal reclamation 
     project authorized and constructed by the United States in 
     accordance with title III of the Colorado River Basin Project 
     Act (43 U.S.C. 1521 et seq.).
       (6) 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 the repayment of costs of the Central Arizona 
     Project; and
       (B) any amendment to, or revision of, that contract.
       (7) CAWCD; central arizona water conservation district.--
     The terms ``CAWCD'' and ``Central Arizona Water Conservation 
     District'' mean the political subdivision of the State that 
     is the contractor under the CAP Repayment Contract.
       (8) Cibola water.--The term ``Cibola Water'' means the 
     entitlement of the Hopi Tribe to the diversion of up to 4,278 
     AFY of the Fourth Priority Water described in the Hopi Tribe 
     Existing Cibola Contract.
       (9) Colorado river compact.--The term ``Colorado River 
     Compact'' means the Colorado River Compact of 1922, as 
     ratified and reprinted in article 2 of chapter 7 of title 45, 
     Arizona Revised Statutes.
       (10) Colorado river system.--The term ``Colorado River 
     System'' has the meaning given the term in Article II(a) of 
     the Colorado River Compact.
       (11) Colorado river water.--
       (A) In general.--The term ``Colorado River Water'' means 
     the waters of the Colorado River apportioned for Use within 
     the State by--
       (i) sections 4 and 5 of the Boulder Canyon Project Act (43 
     U.S.C. 617c, 617d);
       (ii) the Upper Colorado River Basin Compact of 1948, as 
     ratified and reprinted in article 3 of chapter 7 of title 45, 
     Arizona Revised Statutes;
       (iii) the Colorado River Basin Project Act (43 U.S.C. 1501 
     et seq.);
       (iv) the contract for delivery of water between the United 
     States and the State, dated February 9, 1944; and
       (v) the Decree.
       (B) Limitations.--The term ``Colorado River Water''--
       (i) shall only be used for purposes of interpreting the 
     Settlement Agreement and this division; and
       (ii) shall not be used for any interpretation of existing 
     law or contract, including any law or contract described in 
     clauses (i) through (v) of subparagraph (A).
       (12) Decree.--The term ``Decree'', when used without a 
     modifier, means--
       (A) the decree of the Supreme Court of the United States in 
     Arizona v. California, 376 U.S. 340 (1964);
       (B) the consolidated decree entered on March 27, 2006, in 
     Arizona v. California, 547 U.S. 150 (2006); and
       (C) any modification to a decree described in subparagraph 
     (A) or (B).
       (13) Diversion.--The term ``diversion'' means an act to 
     divert.
       (14) Divert.--The term ``divert'' means to receive, 
     withdraw, develop, produce, or capture water using--
       (A) a ditch, canal, flume, bypass, pipeline, pit, 
     collection or infiltration gallery, conduit, well, pump, 
     turnout, dam, or any other mechanical device; or
       (B) any other human act.
       (15) Effective date.--The term ``Effective Date'' means the 
     date as of which the Settlement Agreement has been executed 
     by not fewer than 30 of the Parties, including--
       (A) the Navajo Nation;
       (B) the Hopi Tribe;
       (C) the San Juan Southern Paiute Tribe;
       (D) the State;
       (E) the Arizona State Land Department;
       (F) the Central Arizona Water Conservation District;
       (G) the Salt River Project Agricultural Improvement and 
     Power District; and
       (H) the Salt River Valley Water Users' Association.
       (16) Effluent.--The term ``Effluent'' means water that--
       (A) has been used in the State for domestic, municipal, or 
     industrial purposes, other than solely for hydropower 
     generation; and
       (B) is available for reuse for any purpose, regardless of 
     whether the water has been treated to improve the quality of 
     the water.
       (17) Enforceability date.--The term ``Enforceability Date'' 
     means the date described in section 5016(a).
       (18) Fifth priority water.--The term ``Fifth Priority 
     Water'' has the meaning given the term in the Hopi Tribe 
     Existing Cibola Contract.
       (19) 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 after September 30, 1968, for Use on Federal, 
     State, or privately owned land in the State, in a total 
     quantity not greater than 164,652 AFY of diversions; and
       (B) after first providing for the delivery of Colorado 
     River Water for the CAP System, including for Use on Indian 
     land, under section 304(e) of the Colorado River Basin 
     Project Act (43 U.S.C. 1524(e)), in accordance with the CAP 
     Repayment Contract.
       (20) Gila river adjudication.--The term ``Gila River 
     Adjudication'' means the action pending in the Superior Court 
     of the State, in and for the County of Maricopa, In re the 
     General Adjudication of All Rights To Use Water in The Gila 
     River System and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper 
     Gila), W-4 (San Pedro) (Consolidated).
       (21) 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.
       (22) Gila river adjudication decree.--The term ``Gila River 
     Adjudication Decree'' means the judgment or decree entered by 
     the Gila River Adjudication Court in substantially the same 
     form as the form of judgment attached as Exhibit 3.1.47 to 
     the Settlement Agreement.
       (23) Groundwater.--The term ``Groundwater'' means all water 
     beneath the surface of the earth within the State that is 
     not--
       (A) Surface Water;
       (B) Colorado River Water; or
       (C) Effluent.
       (24) Hopi allotment.--The term ``Hopi Allotment'' means any 
     of the 11 parcels allotted pursuant to section 4 of the Act 
     of February 8, 1887 (commonly known as the ``Indian General 
     Allotment Act'') (24 Stat. 389, chapter 119; 25 U.S.C. 334), 
     that are--
       (A) located within the exterior boundaries of the Hopi 
     Reservation; and

[[Page S6163]]

       (B) held in trust by the United States for the benefit of 1 
     or more individual Indians under allotment record numbers AR-
     39, AR-40, AR-41, AR-42, AR-43, AR-44, AR-45, AR-46, AR-47, 
     AR-48, and AR-49.
       (25) Hopi allottee.--The term ``Hopi Allottee'' means--
       (A) an individual Indian holding a beneficial interest in a 
     Hopi Allotment; or
       (B) an Indian Tribe holding an undivided fractional 
     beneficial interest in a Hopi Allotment.
       (26) Hopi fee land.--The term ``Hopi Fee Land'' means land, 
     other than Hopi Trust Land, that--
       (A) is located in the State;
       (B) is located outside the exterior boundaries of the Hopi 
     Reservation; and
       (C) as of the Enforceability Date, is owned by the Hopi 
     Tribe in its own name or through an entity wholly owned or 
     controlled by the Hopi Tribe.
       (27) Hopi land.--The term ``Hopi Land'' means--
       (A) the Hopi Reservation;
       (B) Hopi Trust Land; and
       (C) Hopi Fee Land.
       (28) Hopi reservation.--
       (A) In general.--The term ``Hopi Reservation'' means--
       (i) land within the exterior boundaries of the ``Hopi 
     Indian Reservation'' defined as District 6 in Healing v. 
     Jones, 210 F. Supp. 125, 173 (D. Ariz. 1962), aff'd, 373 U.S. 
     758 (1963), and Masayesva for and on Behalf of Hopi Indian 
     Tribe v. Hale, 118 F.3d 1371, 1375-76 (9th Cir. 1997);
       (ii) land withdrawn by the Executive Order of December 16, 
     1882, and partitioned to the Hopi Tribe in accordance with 
     the Act of December 22, 1974 (Public Law 93-531; 88 Stat. 
     1713), by Judgment of Partition, February 10, 1977, 
     Sekaquaptewa v. MacDonald, Case No. CIV-579-PCT-JAW (D. 
     Ariz.), aff'd, 626 F.2d 113 (9th Cir. 1980); and
       (iii) land recognized as part of the Hopi Reservation in 
     Honyoama v. Shirley, Jr., Case No. CIV 74-842-PHX-EHC (D. 
     Ariz. 2006).
       (B) Map.--Subject to subparagraph (C), the descriptions of 
     the Hopi Reservation described in clauses (i) through (iii) 
     of subparagraph (A) are generally shown on the map attached 
     as Exhibit 3.1.56 to the Settlement Agreement.
       (C) Conflict.--In the case of a conflict between the 
     definition in subparagraph (A) and Exhibit 3.1.56 of the 
     Settlement Agreement, the definition in that subparagraph 
     shall control.
       (29) Hopi tribe.--The term ``Hopi Tribe'' means the Hopi 
     Tribe, a tribe of Hopi Indians--
       (A) organized under section 16 of the Act of June 18, 1934 
     (commonly known as the ``Indian Reorganization Act'') (48 
     Stat. 987, chapter 576; 25 U.S.C. 5123); and
       (B) recognized by the Secretary in the notice of the 
     Secretary entitled ``Indian Entities Recognized by and 
     Eligible To Receive Services From the United States Bureau of 
     Indian Affairs'' (89 Fed. Reg. 944 (January 8, 2024)).
       (30) Hopi tribe agricultural conservation trust fund 
     account.--The term ``Hopi Tribe Agricultural Conservation 
     Trust Fund Account'' means the account--
       (A) established under section 5011(b)(3); and
       (B) described in subparagraph 12.3.3 of the Settlement 
     Agreement.
       (31) Hopi tribe cibola water.--The term ``Hopi Tribe Cibola 
     Water'' means the Fourth Priority Water, Fifth Priority 
     Water, and Sixth Priority Water to which the Hopi Tribe is 
     entitled pursuant to subparagraphs 5.8.2 and 5.8.3 of the 
     Settlement Agreement.
       (32) Hopi tribe existing cibola contract.--The term ``Hopi 
     Tribe Existing Cibola Contract'' means Contract No. 04-XX-30-
     W0432 between the United States and the Hopi Tribe, as 
     amended and in full force and effect as of the Effective 
     Date.
       (33) Hopi tribe groundwater projects.--The term ``Hopi 
     Tribe Groundwater Projects'' means the projects described 
     in--
       (A) section 5011(f)(1); and
       (B) subparagraph 12.3.1 of the Settlement Agreement.
       (34) Hopi tribe groundwater projects trust fund account.--
     The term ``Hopi Tribe Groundwater Projects Trust Fund 
     Account'' means the account--
       (A) established under section 5011(b)(1); and
       (B) described in subparagraph 12.3.1 of the Settlement 
     Agreement.
       (35) Hopi tribe lower basin colorado river water 
     acquisition trust fund account.--The term ``Hopi Tribe Lower 
     Basin Colorado River Water Acquisition Trust Fund Account'' 
     means the account--
       (A) established under section 5011(b)(4); and
       (B) described in subparagraph 12.3.4 of the Settlement 
     Agreement.
       (36) Hopi tribe om&r trust fund account.--The term ``Hopi 
     Tribe OM&R Trust Fund Account'' means the account--
       (A) established under section 5011(b)(2); and
       (B) described in subparagraph 12.3.2 of the Settlement 
     Agreement.
       (37) Hopi tribe upper basin colorado river water.--The term 
     ``Hopi Tribe Upper Basin Colorado River Water'' means the 
     2,300 AFY of Upper Basin Colorado River Water allocated to 
     the Hopi Tribe--
       (A) pursuant to section 5006; and
       (B) as provided in subparagraphs 5.7 and 11.1.1 of the 
     Settlement Agreement.
       (38) Hopi tribe water delivery contract.--The term ``Hopi 
     Tribe Water Delivery Contract'' means 1 or more contracts 
     entered into by Secretary and the Hopi Tribe in accordance 
     with section 5006 and pursuant to paragraph 11 of the 
     Settlement Agreement for the delivery of Hopi Tribe Upper 
     Basin Colorado River Water or Hopi Tribe Cibola Water.
       (39) Hopi trust land.--The term ``Hopi Trust Land'' means 
     land that--
       (A) is located in the State;
       (B) is located outside the exterior boundaries of the Hopi 
     Reservation; and
       (C) as of the Enforceability Date, is held in trust by the 
     United States for the benefit of the Hopi Tribe.
       (40) Iina ba - paa tuwaqat'si pipeline.--The term ``iina ba 
     - paa tuwaqat'si pipeline'' means the water project described 
     in--
       (A) section 5008; and
       (B) subparagraph 12.1 of the Settlement Agreement.
       (41) Iina ba - paa tuwaqat'si pipeline implementation fund 
     account.--The term ``iina ba - paa tuwaqat'si pipeline 
     Implementation Fund Account'' means the account--
       (A) established under section 5009(a); and
       (B) described in subparagraph 12.1.1 of the Settlement 
     Agreement.
       (42) Impoundment.--The term ``impoundment'' means a human-
     made structure used to store water.
       (43) Injury to water.--The term ``Injury to Water'' means 
     injury to water based on changes in or degradation of the 
     salinity or concentration of naturally occurring chemical 
     constituents contained in water.
       (44) 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) Exclusion.--The term ``Injury to Water Rights'' does 
     not include any injury to water quality.
       (45) Irrigation.--The term ``irrigation'' means the Use of 
     water on 2 or more acres of land to produce plants or parts 
     of plants--
       (A) for sale or human consumption; or
       (B) as feed for livestock, range livestock, or poultry.
       (46) LCR.--The term ``LCR'' means the Little Colorado 
     River.
       (47) Lcr adjudication.--The term ``LCR Adjudication'' means 
     the action pending in the Superior Court of the State, in and 
     for the County of Apache, In re: the General Adjudication of 
     All Rights to Use Water in the Little Colorado River System 
     and Source, CIV No. 6417.
       (48) Lcr adjudication court.--The term ``LCR Adjudication 
     Court'' means the Superior Court of the State, in and for the 
     County of Apache, exercising jurisdiction over the LCR 
     Adjudication.
       (49) Lcr decree.--The term ``LCR Decree'' means the 
     judgment or decree entered by the LCR Adjudication Court in 
     substantially the same form as the form of judgment attached 
     as Exhibit 3.1.82 to the Settlement Agreement.
       (50) Lcr watershed.--The term ``LCR Watershed'' means land 
     located within the Surface Water drainage of the LCR and its 
     tributaries in the State, as shown on the map attached as 
     Exhibit 3.1.83 to the Settlement Agreement.
       (51) Lower basin.--The term ``Lower Basin'' has the meaning 
     given the term in Article II(g) of the Colorado River 
     Compact.
       (52) Member.--The term ``Member'' means any person duly 
     enrolled as a member of the Navajo Nation, the Hopi Tribe, or 
     the San Juan Southern Paiute Tribe.
       (53) Navajo allotment.--The term ``Navajo Allotment'' means 
     a parcel of land patented pursuant to section 1 of the Act of 
     February 8, 1887 (commonly known as the ``Indian General 
     Allotment Act'') (24 Stat. 388, chapter 119; 25 U.S.C. 331) 
     (as in effect on the day before the date of enactment of the 
     Indian Land Consolidation Act Amendments of 2000 (Public Law 
     106-462; 114 Stat. 1991))--
       (A) originally allotted to an individual identified in the 
     allotting document as a Navajo Indian;
       (B) located within the exterior boundaries of the Navajo 
     Reservation; and
       (C) held in trust by the United States for the benefit of 1 
     or more individual Indians.
       (54) Navajo allottee.--The term ``Navajo Allottee'' means--
       (A) an individual Indian holding a beneficial interest in a 
     Navajo Allotment; or
       (B) an Indian Tribe holding an undivided fractional 
     beneficial interest in a Navajo Allotment.
       (55) Navajo fee land.--The term ``Navajo Fee Land'' means 
     land, other than Navajo Trust Land, that--
       (A) is located in the State;
       (B) is located outside the exterior boundaries of the 
     Navajo Reservation; and
       (C) as of the Enforceability Date, is owned by the Navajo 
     Nation, whether in its own name or through an entity wholly 
     owned or controlled by the Navajo Nation.
       (56) Navajo-gallup water supply project.--The term 
     ``Navajo-Gallup Water Supply Project'' means the project 
     authorized, constructed, and operated pursuant to part III of 
     the Northwestern New Mexico Rural Water Projects Act (Public 
     Law 111-11; 123 Stat. 1379).
       (57) Navajo land.--The term ``Navajo Land'' means--
       (A) the Navajo Reservation;
       (B) Navajo Trust Land; and
       (C) Navajo Fee Land.
       (58) Navajo nation.--
       (A) In general.--The term ``Navajo Nation'' means the 
     Navajo Nation, a body politic and federally recognized Indian 
     nation recognized by the Secretary in the notice of the 
     Secretary entitled ``Indian Entities Recognized by and 
     Eligible To Receive Services

[[Page S6164]]

     From the United States Bureau of Indian Affairs'' (89 Fed. 
     Reg. 944 (January 8, 2024)), and also known variously as the 
     ``Navajo Tribe'', the ``Navajo Tribe of Arizona, New Mexico & 
     Utah'', the ``Navajo Tribe of Indians'', and other similar 
     names.
       (B) Inclusions.--The term ``Navajo Nation'' includes all 
     bands of Navajo Indians and chapters of the Navajo Nation.
       (59) Navajo nation agricultural conservation trust fund 
     account.--The term ``Navajo Nation Agricultural Conservation 
     Trust Fund Account'' means the account--
       (A) established under section 5010(b)(3); and
       (B) described in subparagraph 12.2.4 of the Settlement 
     Agreement.
       (60) Navajo nation cibola water.--The term ``Navajo Nation 
     Cibola Water'' means the entitlement of the Navajo Nation to 
     the diversion of up to 100 AFY of Fourth Priority Water at 
     the same location and for the same Uses described in the Hopi 
     Tribe Existing Cibola Contract or the delivery and 
     consumptive use of up to 71.5 AFY of Fourth Priority Water at 
     locations and for Uses within the State other than as 
     described in the Hopi Tribe Existing Cibola Contract, which 
     shall have been assigned and transferred by the Hopi Tribe 
     from its Cibola Water under the Hopi Tribe Existing Cibola 
     Contract to the Navajo Nation.
       (61) Navajo nation fourth priority water.--The term 
     ``Navajo Nation Fourth Priority Water'' means the diversion 
     right to 3,500 AFY of Fourth Priority Water reserved for Use 
     in a Navajo-Hopi Indian water rights settlement under 
     paragraph 11.3 of the Arizona Water Settlement Agreement 
     among the United States, the State, and the Central Arizona 
     Water Conservation District--
       (A) as authorized by paragraphs (1) and (2) of section 
     106(a) of the Central Arizona Project Settlement Act of 2004 
     (Public Law 108-451; 118 Stat. 3492);
       (B) as allocated to the Navajo Nation pursuant to section 
     5006; and
       (C) as described in subparagraphs 4.9 and 10.1 of the 
     Settlement Agreement.
       (62) Navajo nation lower basin colorado river water 
     acquisition trust fund account.--The term ``Navajo Nation 
     Lower Basin Colorado River Water Acquisition Trust Fund 
     Account'' means the account--
       (A) established under section 5010(b)(5); and
       (B) described in subparagraph 12.2.5 of the Settlement 
     Agreement.
       (63) Navajo nation om&r trust fund account.--The term 
     ``Navajo Nation OM&R Trust Fund Account'' means the account--
       (A) established under section 5010(b)(2); and
       (B) described in subparagraph 12.2.2 of the Settlement 
     Agreement.
       (64) Navajo nation renewable energy trust fund account.--
     The term ``Navajo Nation Renewable Energy Trust Fund 
     Account'' means the account--
       (A) established under section 5010(b)(4); and
       (B) described in subparagraph 12.2.3 of the Settlement 
     Agreement.
       (65) Navajo nation upper basin colorado river water.--The 
     term ``Navajo Nation Upper Basin Colorado River Water'' means 
     the 44,700 AFY of Upper Basin Colorado River Water--
       (A) allocated to the Navajo Nation pursuant to section 
     5006; and
       (B) described in subparagraphs 4.7 and 10.1 of the 
     Settlement Agreement.
       (66) Navajo nation water delivery contract.--The term 
     ``Navajo Nation Water Delivery Contract'' means 1 or more 
     contracts entered into by the Secretary and the Navajo Nation 
     in accordance with section 5006 and pursuant to paragraph 10 
     of the Settlement Agreement for the delivery of Navajo Nation 
     Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
     or Navajo Nation Fourth Priority Water.
       (67) Navajo nation water projects.--The term ``Navajo 
     Nation Water Projects'' means the projects described in--
       (A) section 5010(f)(1); and
       (B) subparagraph 12.2.1 of the Settlement Agreement.
       (68) Navajo nation water projects trust fund account.--The 
     term ``Navajo Nation Water Projects Trust Fund Account'' 
     means the account--
       (A) established under section 5010(b)(1); and
       (B) described in subparagraph 12.2.1 of the Settlement 
     Agreement.
       (69) Navajo reservation.--
       (A) In general.--The term ``Navajo Reservation'' means--
       (i) land within the exterior boundaries of the ``Navajo 
     Indian Reservation'' in the State, as defined by the Act of 
     June 14, 1934 (48 Stat. 960, chapter 521);
       (ii) land withdrawn by the Executive order of December 16, 
     1882, and partitioned to the Navajo Nation in accordance with 
     section 8(b) of the Act of December 22, 1974 (Public Law 93-
     531; 88 Stat. 1715), by Judgment of Partition, February 10, 
     1977, Sekaquaptewa v. MacDonald, Case No. CIV-579-PCT-JAW (D. 
     Ariz.), aff'd, 626 F.2d 113 (9th Cir. 1980);
       (iii) land taken into trust as a part of the Navajo 
     Reservation before the Effective Date pursuant to the Act of 
     December 22, 1974 (Public Law 93-531; 88 Stat. 1712), a copy 
     of which is attached as Exhibit 3.1.112B to the Settlement 
     Agreement; and
       (iv) any land taken into trust as part of the Navajo 
     Reservation after the Effective Date pursuant to the Act of 
     December 22, 1974 (Public Law 93-531; 88 Stat. 1712), except 
     as provided in subparagraphs 3.1.12, 3.1.13, 3.1.87, 3.1.170, 
     4.1.5, 4.1.6, 4.6.1, and 8.1.1 of the Settlement Agreement.
       (B) Exclusions.--The term ``Navajo Reservation'' does not 
     include land within the Hopi Reservation or the San Juan 
     Southern Paiute Reservation.
       (C) Map.--Subject to subparagraph (D), the descriptions of 
     the Navajo Reservation described in clauses (i) through (iv) 
     of subparagraph (A) are generally shown on the map attached 
     as Exhibit 3.1.112A to the Settlement Agreement.
       (D) Conflict.--In the case of a conflict between the 
     definition in subparagraphs (A) and (B) and Exhibit 3.1.112A 
     of the Settlement Agreement, the definition described in 
     those subparagraphs shall control.
       (70) Navajo tribal utility authority.--The term ``Navajo 
     Tribal Utility Authority'' means the enterprise established 
     by the Navajo Nation pursuant to chapter 1, section 21 of the 
     Navajo Nation Code, or a successor agency or entity.
       (71) Navajo trust land.--The term ``Navajo Trust Land'' 
     means land that--
       (A) is located in the State;
       (B) is located outside the exterior boundaries of the 
     Navajo Reservation; and
       (C) as of the Enforceability Date, is held in trust by the 
     United States for the benefit of the Navajo Nation.
       (72) Off-reservation.--The term ``off-Reservation'' means 
     land located in the State outside the exterior boundaries 
     of--
       (A) the Navajo Reservation;
       (B) the Hopi Reservation; and
       (C) the San Juan Southern Paiute Reservation.
       (73) OM&R.--The term ``OM&R'' means operation, maintenance, 
     and replacement.
       (74) Party.--The term ``Party'' mean a Person that is a 
     signatory to the Settlement Agreement.
       (75) Person.--
       (A) In general.--The term ``Person'' means--
       (i) an individual;
       (ii) a public or private corporation;
       (iii) a company;
       (iv) a partnership;
       (v) a joint venture;
       (vi) a firm;
       (vii) an association;
       (viii) a society;
       (ix) an estate or trust;
       (x) any other private organization or enterprise;
       (xi) the United States;
       (xii) an Indian Tribe;
       (xiii) a State, territory, or country;
       (xiv) a governmental entity; and
       (xv) any political subdivision or municipal corporation 
     organized under or subject to the constitution and laws of 
     the State.
       (B) Inclusions.--The term ``Person'' includes the officers, 
     directors, agents, insurers, representatives, employees, 
     attorneys, assigns, subsidiaries, affiliates, enterprises, 
     legal representatives, predecessors, and successors in 
     interest and their heirs, of any entity or individual 
     described in subparagraph (A).
       (76) Public domain allotment outside the navajo 
     reservation.--The term ``Public Domain Allotment outside the 
     Navajo Reservation'' means any of the 51 parcels of land 
     allotted to individual Indians from the public domain 
     pursuant to section 4 of the Act of February 8, 1887 
     (commonly known as the ``Indian General Allotment Act'') (24 
     Stat. 389, chapter 119; 25 U.S.C. 334) that is--
       (A) held in trust by the United States for the benefit of 1 
     or more individual Indians or Indian Tribes; and
       (B) located outside the exterior boundaries of the Navajo 
     Reservation and the Hopi Reservation, as depicted on the map 
     attached as Exhibit 3.1.132A to the Settlement Agreement.
       (77) Public domain allotment within the navajo 
     reservation.--The term ``Public Domain Allotment within the 
     Navajo Reservation'' means any land allotted to individual 
     Indians from the public domain that is--
       (A) held in trust by the United States for the benefit of 1 
     or more individual Indians or Indian Tribes;
       (B) located within the exterior boundaries of the Navajo 
     Reservation; and
       (C) described in Exhibit 3.1.131 to the Settlement 
     Agreement.
       (78) Public domain allottee.--The term ``Public Domain 
     Allottee'' means an individual Indian or Indian Tribe holding 
     a beneficial interest in--
       (A) a Public Domain Allotment outside the Navajo 
     Reservation; or
       (B) a Public Domain Allotment within the Navajo 
     Reservation.
       (79) San juan southern paiute fee land.--The term ``San 
     Juan Southern Paiute Fee Land'' means land, other than San 
     Juan Southern Paiute Trust Land, that--
       (A) is located in the State;
       (B) is located outside the exterior boundaries of the San 
     Juan Southern Paiute Reservation; and
       (C) as of the Enforceability Date, is owned by the San Juan 
     Southern Paiute Tribe, whether in its own name or through an 
     entity wholly owned or controlled by the San Juan Southern 
     Paiute Tribe.
       (80) San juan southern paiute groundwater projects.--The 
     term ``San Juan Southern Paiute Groundwater Projects'' means 
     the projects described in--
       (A) section 5012; and
       (B) subparagraph 12.4.1 of the Settlement Agreement.
       (81) San juan southern paiute land.--The term ``San Juan 
     Southern Paiute Land'' means--
       (A) the San Juan Southern Paiute Southern Area;
       (B) San Juan Southern Paiute Trust Land; and
       (C) San Juan Southern Paiute Fee Land.

[[Page S6165]]

       (82) San juan southern paiute northern area.--The term 
     ``San Juan Southern Paiute Northern Area'' means the land 
     depicted on the map attached as Exhibit 3.1.146 to the 
     Settlement Agreement.
       (83) San juan southern paiute reservation.--The term ``San 
     Juan Southern Paiute Reservation'' means the approximately 
     5,400 acres of land described in paragraph 6.0 of the 
     Settlement Agreement as the San Juan Southern Paiute Northern 
     Area and the San Juan Southern Paiute Southern Area, as 
     depicted in the maps attached as Exhibits 3.1.146 and 3.1.147 
     to the Settlement Agreement.
       (84) San juan southern paiute tribe agricultural 
     conservation trust fund account.--The term ``San Juan 
     Southern Paiute Tribe Agricultural Conservation Trust Fund 
     Account'' means the account--
       (A) established under section 5012(b)(2); and
       (B) described in subparagraph 12.4.3 of the Settlement 
     Agreement.
       (85) San juan southern paiute tribe groundwater projects 
     trust fund account.--The term ``San Juan Southern Paiute 
     Tribe Groundwater Projects Trust Fund Account'' means the 
     account--
       (A) established under section 5012(b)(1); and
       (B) described in subparagraph 12.4.1 of the Settlement 
     Agreement.
       (86) San juan southern paiute tribe om&r trust fund 
     account.--The term ``San Juan Southern Paiute Tribe OM&R 
     Trust Fund Account'' means the account--
       (A) established under section 5012(b)(3); and
       (B) described in subparagraph 12.4.2 of the Settlement 
     Agreement.
       (87) San juan southern paiute southern area.--The term 
     ``San Juan Southern Paiute Southern Area'' means the land 
     depicted on the map attached as Exhibit 3.1.147 to the 
     Settlement Agreement.
       (88) San juan southern paiute tribe.--The term ``San Juan 
     Southern Paiute Tribe'' means the San Juan Southern Paiute 
     Tribe, a body politic and federally recognized Indian Tribe, 
     as recognized by the Secretary in the notice of the Secretary 
     entitled ``Indian Entities Recognized by and Eligible To 
     Receive Services From the United States Bureau of Indian 
     Affairs'' (89 Fed. Reg. 944 (January 8, 2024)).
       (89) San juan southern paiute trust land.--The term ``San 
     Juan Southern Paiute Trust Land'' means land that--
       (A) is located in the State;
       (B) is located outside the exterior boundaries of the San 
     Juan Southern Paiute Reservation; and
       (C) as of the Enforceability Date, is held in trust by the 
     United States for the benefit of the San Juan Southern Paiute 
     Tribe.
       (90) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (91) Settlement agreement.--The term ``Settlement 
     Agreement'' means--
       (A) the Northeastern Arizona Indian Water Rights Settlement 
     Agreement dated as of May 9, 2024; and
       (B) any exhibits attached to that agreement.
       (92) Sixth priority water.--The term ``Sixth Priority 
     Water'' has the meaning given the term in the Hopi Tribe 
     Existing Cibola Contract.
       (93) State.--The term ``State'' means the State of Arizona.
       (94) Surface water.--
       (A) In general.--The term ``Surface Water'' means all water 
     in the State that is appropriable under State law.
       (B) Exclusion.--The term ``Surface Water'' does not include 
     Colorado River Water.
       (95) Treaty.--The term ``Treaty'' means the Articles of 
     Treaty and Agreement entered into by the Navajo Nation and 
     the San Juan Southern Paiute Tribe to settle land claims and 
     other disputes, as executed on March 18, 2000.
       (96) Treaty addendum.--The term ``Treaty Addendum'' means 
     the Addendum to the Treaty entered into by the Navajo Nation 
     and the San Juan Southern Paiute Tribe on May 7, 2004.
       (97) Tribe.--The term ``Tribe'' means, individually, as 
     applicable--
       (A) the Navajo Nation;
       (B) the Hopi Tribe; or
       (C) the San Juan Southern Paiute Tribe.
       (98) Tribes.--The term ``Tribes'' means, collectively--
       (A) the Navajo Nation;
       (B) the Hopi Tribe; and
       (C) the San Juan Southern Paiute Tribe.
       (99) Underground water.--
       (A) In general.--The term ``Underground Water'' means all 
     water beneath the surface of the earth within the State, 
     regardless of its legal characterization as appropriable or 
     non-appropriable under Federal, State, or other law.
       (B) Exclusions.--The term ``Underground Water'' does not 
     include Colorado River Water or Effluent.
       (100) United states.--
       (A) In general.--The term ``United States'' means the 
     United States, acting as trustee for the Tribes, their 
     Members, the Hopi Allottees, and the Navajo Allottees, except 
     as otherwise expressly provided.
       (B) Clarification.--When used in reference to a particular 
     agreement or contract, the term ``United States'' means the 
     United States acting in the capacity as described in that 
     agreement or contract.
       (101) Upper basin.--The term ``Upper Basin'' has the 
     meaning given the term in article II(f) of the Colorado River 
     Compact.
       (102) Upper basin colorado river water.--The term ``Upper 
     Basin Colorado River Water'' means the 50,000 AFY of 
     consumptive use of Colorado River Water apportioned to the 
     State in the Upper Colorado River Basin Compact of 1948, as 
     ratified and reprinted in article 3 of chapter 7 of title 45, 
     Arizona Revised Statutes.
       (103) Use.--The term ``Use'' means any beneficial use, 
     including instream flow, recharge, storage, recovery, or any 
     other use recognized as beneficial under applicable law.
       (104) Water.--The term ``water'', when used without a 
     modifying adjective, means Groundwater, Surface Water, 
     Colorado River Water, or Effluent.
       (105) 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.
       (106) Well.--The term ``well'' means a human-made opening 
     in the earth through which Underground Water may be withdrawn 
     or obtained.
       (107) Zuni tribe.--The term ``Zuni Tribe'' means the body 
     politic and federally recognized Indian Tribe, as recognized 
     by the Secretary in the notice of the Secretary entitled 
     ``Indian Entities Recognized by and Eligible To Receive 
     Services From the United States Bureau of Indian Affairs'' 
     (89 Fed. Reg. 944 (January 8, 2024)).

     SEC. 5004. RATIFICATION AND EXECUTION OF THE NORTHEASTERN 
                   ARIZONA INDIAN WATER RIGHTS SETTLEMENT 
                   AGREEMENT.

       (a) Ratification.--
       (1) In general.--Except as modified by this division and to 
     the extent the Settlement Agreement does not conflict with 
     this division, the Settlement Agreement is authorized, 
     ratified, and confirmed.
       (2) Amendments.--If an amendment to the Settlement 
     Agreement, or to any exhibit attached to the Settlement 
     Agreement requiring the signature of the Secretary, is 
     executed in accordance with this division to make the 
     Settlement Agreement consistent with this division, the 
     amendment is authorized, ratified, and confirmed, to the 
     extent the amendment is consistent with this division.
       (b) Execution of Settlement Agreement.--
       (1) In general.--To the extent the Settlement Agreement 
     does not conflict with this division, the Secretary shall 
     execute the Settlement Agreement, including all exhibits to 
     the Settlement Agreement requiring the signature of the 
     Secretary.
       (2) Modifications.--Nothing in this division prohibits the 
     Secretary from approving any modification to the Settlement 
     Agreement, including any exhibit to the Settlement 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 Settlement Agreement 
     (including all exhibits to the Settlement 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 Federal environmental laws and regulations.
       (2) Compliance.--In implementing the Settlement Agreement 
     and this division, but excluding environmental compliance 
     related to the iina ba - paa tuwaqat'si pipeline, the 
     applicable Tribe shall prepare any necessary environmental 
     documents consistent 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 Federal environmental laws and regulations.
       (d) Authorizations.--The Secretary shall--
       (1) independently evaluate the documentation submitted 
     under subsection (c)(2); and
       (2) be responsible for the accuracy, scope, and contents of 
     that documentation.
       (e) Effect of Execution.--The execution of the Settlement 
     Agreement by the Secretary under this section shall not 
     constitute a major Federal action for purposes of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (f) Costs.--
       (1) In general.--Except as provided in paragraph (2), any 
     costs associated with the performance of the compliance 
     activities under subsection (c) shall be paid from funds 
     deposited in the Navajo Nation Water Projects Trust Fund 
     Account, the Hopi Tribe Groundwater Projects Trust Fund 
     Account, or the San Juan Southern Paiute Tribe Groundwater 
     Projects Trust Fund Account, as applicable, 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.
       (2) Iina ba - paa tuwaqat'si pipeline.--Any costs 
     associated with the performance of the compliance activities 
     under subsection (c) relating to the iina ba - paa tuwaqat'si 
     pipeline shall be paid from funds deposited in the iina ba - 
     paa tuwaqat'si pipeline Implementation Fund Account.

[[Page S6166]]

  


     SEC. 5005. WATER RIGHTS.

       (a) Confirmation of Water Rights.--
       (1) In general.--The Water Rights of the Navajo Nation, the 
     Hopi Tribe, the San Juan Southern Paiute Tribe, the Navajo 
     Allottees, and the Hopi Allottees as described in the 
     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 Navajo Nation, the Hopi 
     Tribe, the San Juan Southern Paiute Tribe, the Navajo 
     Allottees, or the Hopi Allottees shall be subject to the 
     terms and conditions of the Settlement Agreement and this 
     division.
       (3) Conflict.--In the event of a conflict between the 
     Settlement Agreement and this division, this division shall 
     control.
       (b) Intent of Congress.--It is the intent of Congress to 
     provide to the Navajo Allottees benefits that are equivalent 
     to, or exceed, the benefits the Navajo Allottees possess on 
     the day before the date of enactment of this Act, taking into 
     consideration--
       (1) the potential risks, cost, and time delay associated 
     with litigation that would be resolved by the Settlement 
     Agreement and this division;
       (2) the availability of funding under this division and 
     from other sources;
       (3) the availability of water from the Water Rights of the 
     Navajo Nation; and
       (4) the applicability of section 7 of the Act of February 
     8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this 
     division to protect the interests of the Navajo Allottees.
       (c) Water Rights to Be Held in Trust for the Tribes, the 
     Navajo Allottees, and the Hopi Allottees.--The United States 
     shall hold the following Water Rights in trust for the 
     benefit of the Navajo Nation, the Hopi Tribe, the San Juan 
     Southern Paiute Tribe, the Navajo Allottees, and the Hopi 
     Allottees:
       (1) Navajo nation and the navajo allottees.--The United 
     States shall hold the following Water Rights in trust for the 
     benefit of the Navajo Nation and Navajo Allottees:
       (A) Underground Water described in subparagraph 4.2 of the 
     Settlement Agreement.
       (B) Springs described in subparagraph 4.4 of the Settlement 
     Agreement.
       (C) Little Colorado River tributary water described in 
     subparagraph 4.5 of the Settlement Agreement.
       (D) Little Colorado River Mainstem water described in 
     subparagraph 4.6 of the Settlement Agreement.
       (E) Navajo Nation Upper Basin Colorado River Water 
     described in subparagraph 4.7 of the Settlement Agreement.
       (F) Navajo Nation Fourth Priority Water described in 
     subparagraph 4.9 of the Settlement Agreement.
       (G) Water Rights appurtenant to or associated with land 
     held in trust by the United States for the benefit of the 
     Navajo Nation, as described in subparagraphs 4.12, 4.13, 
     4.15, and 4.16 of the Settlement Agreement.
       (2) Hopi tribe.--The United States shall hold the following 
     Water Rights in trust for the benefit of the Hopi Tribe:
       (A) Underground Water described in subparagraph 5.2 of the 
     Settlement Agreement.
       (B) Surface Water described in subparagraph 5.4 of the 
     Settlement Agreement.
       (C) Springs described in subparagraph 5.5 of the Settlement 
     Agreement.
       (D) Hopi Tribe Upper Basin Colorado River Water described 
     in subparagraph 5.7 of the Settlement Agreement.
       (E) Water Rights appurtenant to or associated with land 
     held in trust by the United States for the benefit of the 
     Hopi Tribe, as described in subparagraphs 5.10, 5.11, 5.12, 
     and 5.13 of the Settlement Agreement.
       (3) San juan southern paiute tribe.--The United States 
     shall hold the following Water Rights in trust for the 
     benefit of the San Juan Southern Paiute Tribe:
       (A) Underground Water described in subparagraph 6.2.3 of 
     the Settlement Agreement.
       (B) Surface Water described in subparagraph 6.2.4 of the 
     Settlement Agreement.
       (C) Springs described in subparagraph 6.2.6 of the 
     Settlement Agreement.
       (D) Water Rights appurtenant to or associated with land 
     held in trust by the United States for the benefit of the San 
     Juan Southern Paiute Tribe, as described in subparagraphs 6.5 
     and 6.6 of the Settlement Agreement.
       (4) Hopi allottees.--The United States shall hold the Water 
     Rights described in subparagraph 5.9 of the Settlement 
     Agreement in trust for the benefit of the Hopi Allottees.
       (d) Places of Use.--
       (1) Navajo nation.--The rights of the Navajo Nation, and 
     the United States acting as trustee for the Navajo Nation, to 
     the water described in subparagraphs 4.2, 4.4, 4.5, and 4.6 
     of the Settlement Agreement--
       (A) may be used anywhere on the Navajo Reservation or on 
     off-Reservation land held in trust by the United States for 
     the benefit of the Navajo Nation; but
       (B) may not be sold, leased, transferred, or in any way 
     used off of the Navajo Reservation or off of land outside the 
     Navajo Reservation that is held in trust by the United States 
     for the benefit of the Navajo Nation.
       (2) Hopi tribe.--The rights of the Hopi Tribe, and the 
     United States acting as trustee for the Hopi Tribe, to the 
     water described in subparagraphs 5.2, 5.4, and 5.5 of the 
     Settlement Agreement--
       (A) may be used anywhere on the Hopi Reservation or on off-
     Reservation land held in trust by the United States for the 
     benefit of the Hopi Tribe; but
       (B) may not be sold, leased, transferred, or in any way 
     used off of the Hopi Reservation or off of land outside the 
     Hopi Reservation that is held in trust by the United States 
     for the benefit of the Hopi Tribe.
       (3) San juan southern paiute tribe.--The rights of the San 
     Juan Southern Paiute Tribe, and the United States acting as 
     trustee for the San Juan Southern Paiute Tribe, to the water 
     described in subparagraphs 6.2.3, 6.2.4, and 6.2.6 of the 
     Settlement Agreement--
       (A) may be used on the San Juan Southern Paiute Southern 
     Area or on land outside the San Juan Southern Paiute Southern 
     Area that is held in trust by the United States for the 
     benefit of the San Juan Southern Paiute Tribe; but
       (B) may not be sold, leased, transferred, or in any way 
     used off of the San Juan Southern Paiute Southern Area or off 
     of land outside the San Juan Southern Paiute Southern Area 
     that is held in trust by the United States for the benefit of 
     the San Juan Southern Paiute Tribe.
       (e) Nonuse, Forfeiture, and Abandonment.--
       (1) Navajo nation and navajo allottees.--Water Rights of 
     the Navajo Nation and the Navajo Allottees described in 
     subparagraphs 4.2, 4.4, 4.5, 4.6, 4.7, and 4.9 of the 
     Settlement Agreement and Water Rights relating to land held 
     in trust by the United States for the benefit of the Navajo 
     Nation, as described in subparagraphs 4.12, 4.13, 4.15, and 
     4.16 of the Settlement Agreement, shall not be subject to 
     loss by non-use, forfeiture, or abandonment.
       (2) Hopi tribe.--Water Rights of the Hopi Tribe described 
     in subparagraphs 5.2, 5.4, 5.5, and 5.7 of the Settlement 
     Agreement and Water Rights relating to land held in trust by 
     the United States for the benefit of the Hopi Tribe, as 
     described in subparagraphs 5.10, 5.11, 5.12, and 5.13 of the 
     Settlement Agreement, shall not be subject to loss by non-
     use, forfeiture, or abandonment.
       (3) San juan southern paiute tribe.--Water Rights of the 
     San Juan Southern Paiute Tribe described in subparagraphs 
     6.2.3, 6.2.4, and 6.2.6 of the Settlement Agreement shall not 
     be subject to loss by non-use, forfeiture, or abandonment.
       (4) Hopi allottees.--Water Rights of the Hopi Allottees 
     described in subparagraph 5.9 of the Settlement Agreement 
     shall not be subject to loss by non-use, forfeiture, or 
     abandonment.
       (f) Navajo Allottees.--
       (1) Applicability of the act of february 8, 1887.--Section 
     7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 
     25 U.S.C. 381), shall apply to the Water Rights described in 
     subsection (c)(1).
       (2) Entitlement to water.--The rights of Navajo Allottees, 
     and the United States acting as trustee for Navajo Allottees, 
     to use water on Navajo Allotments located on the Navajo 
     Reservation shall be satisfied solely from the Water Rights 
     described in subsection (c)(1).
       (3) Allocations.--A Navajo Allottee shall be entitled to a 
     just and equitable distribution of water for irrigation 
     purposes.
       (4) Claims.--
       (A) Exhaustion of remedies.--Before asserting any claim 
     against the United States under section 7 of the Act of 
     February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), 
     or any other applicable law, a Navajo Allottee shall exhaust 
     remedies available under the Navajo Nation Water Code or 
     other applicable Navajo law.
       (B) Action for relief.--After the exhaustion of all 
     remedies available under the Navajo Nation Water Code or 
     other applicable Navajo law pursuant to subparagraph (A), a 
     Navajo Allottee may seek relief under section 7 of the Act of 
     February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), 
     or other applicable law.
       (5) Authority of the secretary.--The Secretary may protect 
     the rights of Navajo Allottees in accordance with this 
     subsection.
       (g) Navajo Nation Water Code.--To the extent necessary, and 
     subject to the approval of the Secretary, the Navajo Nation 
     shall amend the Navajo Nation Water Code to provide--
       (1) that Use of water by Navajo Allottees shall be 
     satisfied with water from the Water Rights described in 
     subsection (c)(1);
       (2) a process by which a Navajo Allottee may request that 
     the Navajo Nation provide water in accordance with the 
     Settlement Agreement, including the provision of water under 
     any Navajo Allottee lease under section 4 of the Act of June 
     25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403);
       (3) a due process system for the consideration and 
     determination by the Navajo Nation of any request of a Navajo 
     Allottee (or a successor in interest to a Navajo Allottee) 
     for an allocation of water on a Navajo Allotment, including a 
     process for--
       (A) appeal and adjudication of any denied or disputed 
     distribution of water; and
       (B) resolution of any contested administrative decision; 
     and
       (4) a requirement that any Navajo Allottee asserting a 
     claim relating to the enforcement of rights of the Navajo 
     Allottee under the Navajo Nation Water Code, including to the 
     quantity of water allocated to land of the Navajo Allottee, 
     shall exhaust all remedies available to the Navajo Allottee 
     under Navajo law before initiating an action against the 
     United States or petitioning the Secretary pursuant to 
     subsection (f)(4)(B).
       (h) Action by the Secretary.--
       (1) In general.--During the period beginning on the date of 
     enactment of this Act and ending on the date on which a 
     Navajo

[[Page S6167]]

     Nation Water Code is amended pursuant to subsection (g), the 
     Secretary shall administer, with respect to the rights of the 
     Navajo Allottees, the Water Rights identified under 
     subsection (c)(1).
       (2) Approval.--The Navajo Nation Water Code amendments 
     described in subsection (g) shall not be valid unless--
       (A) the amendments described in that subsection have been 
     approved by the Secretary; and
       (B) each subsequent amendment to the Navajo Nation Water 
     Code that affects the rights of a Navajo Allottee is approved 
     by the Secretary.
       (3) Approval period.--
       (A) Approval period.--Except as provided in subparagraph 
     (B), the Secretary shall approve or disapprove the Navajo 
     Nation Water Code amendments described in subsection (g) not 
     later than 180 days after the date on which the amendments 
     are submitted to the Secretary.
       (B) Extension.--The deadline described in subparagraph (A) 
     may be extended by the Secretary after consultation with the 
     Navajo Nation.
       (i) Effect.--Except as otherwise expressly provided in this 
     section, nothing in this division--
       (1) authorizes any action by a Navajo Allottee against any 
     individual or entity, or against the Navajo Nation, under 
     Federal, State, Tribal, or local law; or
       (2) alters or affects the status of any action brought 
     pursuant to section 1491(a) of title 28, United States Code.

     SEC. 5006. ALLOCATION AND ASSIGNMENT OF COLORADO RIVER WATER 
                   TO THE TRIBES; WATER DELIVERY CONTRACTS.

       (a) Allocation and Assignment to the Navajo Nation and the 
     Hopi Tribe.--
       (1) Allocation and assignment to the navajo nation.--
       (A) Navajo nation upper basin colorado river water.--
       (i) State agreement.--Pursuant to subparagraph 4.7.1 of the 
     Settlement Agreement, the State has expressly agreed to the 
     allocation described in clause (ii).
       (ii) Allocation.--44,700 AFY of Upper Basin Colorado River 
     Water is allocated to the Navajo Nation on the Enforceability 
     Date.
       (B) Navajo nation cibola water.--Pursuant to subparagraph 
     4.8.2 of the Settlement Agreement, the State has recommended 
     the assignment of Navajo Nation Cibola Water by the Hopi 
     Tribe to the Navajo Nation effective on the Enforceability 
     Date.
       (C) Navajo nation fourth priority water.--
       (i) State recommendation.--Pursuant to subparagraph 4.9.1 
     of the Settlement Agreement, the State has recommended the 
     allocation described in clause (ii).
       (ii) Allocation.--3,500 AFY of uncontracted Fourth Priority 
     Water reserved for Use in a Navajo-Hopi Indian Water Rights 
     settlement under paragraph 11.3 of the Arizona Water 
     Settlement Agreement among the United States, the State, and 
     CAWCD, as authorized by paragraphs (1) and (2) of section 
     106(a) of the Central Arizona Project Settlement Act of 2004 
     (Public Law 108-451; 118 Stat. 3492), is allocated to the 
     Navajo Nation on the Enforceability Date.
       (2) Allocation to hopi tribe and amendment to cibola 
     contract.--
       (A) Arizona hopi tribe upper basin colorado river water.--
       (i) State agreement.--Pursuant to subparagraph 5.7.1 of the 
     Settlement Agreement, the State has expressly agreed to the 
     allocation described in clause (ii).
       (ii) Allocation.--2,300 AFY of Upper Basin Colorado River 
     Water is allocated to the Hopi Tribe on the Enforceability 
     Date.
       (B) Hopi tribe cibola water.--Pursuant to subparagraph 
     5.8.1 of the Settlement Agreement, the State has recommended 
     the amendment of the existing Hopi Tribe Cibola Contract to 
     reduce the Fourth Priority Water diversion entitlement of the 
     Hopi Tribe to 4,178 AFY, and to provide for additional Uses 
     and places of Use of Hopi Tribe Cibola Water, effective on 
     the Enforceability Date.
       (b) Colorado River Water Use and Storage.--
       (1) In general.--
       (A) Navajo nation upper basin colorado river water and hopi 
     tribe upper basin colorado river water.--Navajo Nation Upper 
     Basin Colorado River Water and Hopi Tribe Upper Basin 
     Colorado River Water may be used at any location within the 
     State.
       (B) Navajo nation cibola water, navajo nation fourth 
     priority water, and hopi tribe cibola water.--Navajo Nation 
     Cibola Water, Navajo Nation Fourth Priority Water, and Hopi 
     Tribe Cibola Water may be used at any location within the 
     State.
       (C) Storage in arizona.--
       (i) In general.--Navajo Nation Upper Basin Colorado River 
     Water, Navajo Nation Cibola Water, Navajo Nation Fourth 
     Priority Water, Hopi Tribe Upper Basin Colorado River Water, 
     and Hopi Tribe Cibola Water may be stored at underground 
     storage facilities or Groundwater savings facilities 
     located--

       (I) within the Navajo Reservation in accordance with Navajo 
     law, or State law if mutually agreed to by the Navajo Nation 
     and the State;
       (II) within the Hopi Reservation in accordance with Hopi 
     law, or State law if mutually agreed to by the Hopi Tribe and 
     the State;
       (III) on any other Indian reservation located in the State 
     in accordance with applicable law; and
       (IV) within the State and outside of any Indian reservation 
     in accordance with State law.

       (ii) Storage credits.--

       (I) In general.--The Navajo Nation and the Hopi Tribe may 
     assign any long-term storage credits accrued as a result of 
     storage under clause (i) in accordance with applicable law.
       (II) Storage pursuant to tribal law.--Any water stored 
     pursuant to Tribal law may only be recovered on the Indian 
     reservation where the water was stored.

       (D) Transportation of water through the cap system.--The 
     Navajo Nation or the Hopi Tribe may transport Navajo Nation 
     Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
     Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
     Colorado River Water, and Hopi Tribe Cibola Water through the 
     CAP system for storage or Use in accordance with all laws of 
     the United States and the agreements between the United 
     States and CAWCD governing the Use of the CAP system to 
     transport water other than CAP Water, subject to payment of 
     applicable charges.
       (2) Storage in new mexico.--
       (A) In general.--The Navajo Nation may store its Navajo 
     Nation Upper Basin Colorado River Water, Navajo Nation Cibola 
     Water, and Navajo Nation Fourth Priority Water at the Navajo 
     Reservoir and the Frank Chee Willetto, Sr. Reservoir in New 
     Mexico, subject to the condition that the water stored at the 
     Navajo Reservoir or the Frank Chee Willetto, Sr. Reservoir is 
     subsequently transported to the State for Use in the State.
       (B) Credit against upper basin colorado river water.--
       (i) In general.--Any storage of Navajo Nation Upper Basin 
     Colorado River Water in the Navajo Reservoir or the Frank 
     Chee Willetto, Sr. Reservoir shall be credited against Upper 
     Basin Colorado River Water in the year in which the 
     diversions for storage in the Reservoir occurs.
       (ii) Accounting.--Water described in clause (i) shall be 
     accounted for and reported by the Secretary separately from 
     any other water stored in the Navajo Reservoir or the Frank 
     Chee Willetto, Sr. Reservoir.
       (C) Credit against state apportionment of lower basin 
     colorado river water.--
       (i) In general.--Any storage of Navajo Nation Cibola Water 
     or Navajo Nation Fourth Priority Water in the Navajo 
     Reservoir or the Frank Chee Willetto, Sr. Reservoir shall be 
     credited against the apportionment of the State of Lower 
     Basin Colorado River Water in the year in which the diversion 
     for storage in the Navajo Reservoir or Frank Chee Willetto, 
     Sr. Reservoir occurs.
       (ii) Accounting.--Water described in clause (i) shall be 
     accounted for and reported by the Secretary separately from 
     any other water stored in the Navajo Reservoir or the Frank 
     Chee Willetto, Sr. Reservoir.
       (3) No use outside arizona.--
       (A) Navajo nation.--The Navajo Nation--
       (i) may divert its Navajo Nation Upper Basin Colorado River 
     Water, Navajo Nation Cibola Water, and Navajo Nation Fourth 
     Priority Water in the State, New Mexico, and Utah; and
       (ii) with the exception of storage in the Navajo Reservoir 
     and Frank Chee Willetto, Sr. Reservoir in New Mexico under 
     paragraph (2), may not use, lease, exchange, forbear, or 
     otherwise transfer any of the water for Use directly or 
     indirectly outside of the State.
       (B) Hopi tribe.--The Hopi Tribe--
       (i) may divert its Hopi Tribe Upper Basin Colorado River 
     Water and Hopi Tribe Cibola Water in the State; and
       (ii) may not use, lease, exchange, forbear, or otherwise 
     transfer any of the water described in clause (i) for Use 
     directly or indirectly outside of the State.
       (4) Storage contract requirements.--
       (A) In general.--All contracts to store Navajo Nation Upper 
     Basin Colorado River Water, Navajo Nation Cibola Water, 
     Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
     Colorado River Water or Hopi Tribe Cibola Water shall 
     identify--
       (i) the place of storage of the water;
       (ii) the mechanisms for delivery of the water; and
       (iii) each point of diversion under the applicable 
     contract.
       (B) Conflicts.--A contract to store Navajo Nation Upper 
     Basin Colorado River Water, Navajo Nation Cibola Water, 
     Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
     Colorado River Water, or Hopi Tribe Cibola Water shall not 
     conflict with the Settlement Agreement or this division.
       (c) Water Delivery Contracts.--The Secretary shall enter 
     into the following water delivery contracts, which shall be 
     without limit as to term:
       (1) Navajo nation water delivery contracts for navajo 
     nation upper basin colorado river water.--
       (A) In general.--The Secretary shall enter into a water 
     delivery contract with the Navajo Nation for Navajo Nation 
     Upper Basin Colorado River Water in accordance with the 
     Settlement Agreement, which shall provide for, among other 
     things--
       (i) the delivery of up to 44,700 AFY of Navajo Nation Upper 
     Basin Colorado River Water;
       (ii) 1 or more points of diversion in the State, New 
     Mexico, and Utah;

[[Page S6168]]

       (iii) 1 or more storage locations at any place within the 
     State and in the Navajo Reservoir and the Frank Chee 
     Willetto, Sr. Reservoir in New Mexico;
       (iv) Use at any location within the State; and
       (v) delivery of Navajo Nation Upper Basin Colorado River 
     Water to the Navajo Nation's lessees and exchange partners in 
     the Upper Basin and the Lower Basin within the State.
       (B) Existing water service contract.--
       (i) In general.--Water Service Contract No. 09-WC-40-318 
     between the United States and the Navajo Nation dated 
     December 23, 2009, for the delivery of up to 950 AFY of water 
     from Lake Powell to the Navajo Nation for municipal and 
     industrial Use within the Community of LeChee shall be 
     replaced with a Navajo Nation Water Delivery Contract for the 
     delivery of Navajo Nation Upper Basin Colorado River Water 
     that complies with subparagraph (A).
       (ii) Termination.--As provided in the Settlement Agreement, 
     on the Enforceability Date, the water service contract 
     described in clause (i) shall terminate.
       (2) Navajo nation water delivery contract for navajo nation 
     cibola water.--The Secretary shall enter into a water 
     delivery contract with the Navajo Nation for the Navajo 
     Nation Cibola Water in accordance with the Settlement 
     Agreement, which shall provide for, among other things--
       (A)(i) the diversion of up to 100 AFY at the location and 
     for the same Uses described in the Hopi Tribe Existing Cibola 
     Contract; or
       (ii) delivery and consumptive use of up to 71.5 AFY at 
     locations and for Uses within the State other than as 
     described in the Hopi Tribe Existing Cibola Contract;
       (B) 1 or more points of diversion in the State, New Mexico, 
     and Utah;
       (C) storage in any location within the State and in the 
     Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir 
     in New Mexico;
       (D) Use at any location within the State;
       (E) delivery of Navajo Nation Cibola Water to the Navajo 
     Nation's lessees and exchange partners in the Upper Basin and 
     the Lower Basin within the State; and
       (F) curtailment as provided in subsection (e).
       (3) Navajo nation water delivery contract for navajo nation 
     fourth priority water.--The Secretary shall enter into a 
     water delivery contract with the Navajo Nation for Navajo 
     Nation Fourth Priority Water in accordance with the 
     Settlement Agreement, which shall provide for, among other 
     things--
       (A) delivery of up to 3,500 AFY of Navajo Nation Fourth 
     Priority Water;
       (B) 1 or more points of diversion in the State, New Mexico, 
     and Utah;
       (C) storage in any location within the State and in the 
     Navajo Reservoir and the Frank Chee Willetto, Sr. Reservoir 
     in New Mexico;
       (D) Use at any location within the State;
       (E) delivery of Navajo Nation Fourth Priority Water to the 
     Navajo Nation's lessees and exchange partners in the Upper 
     Basin and the Lower Basin within the State; and
       (F) curtailment as provided in subsection (e).
       (4) Hopi tribe delivery contracts for hopi tribe upper 
     basin colorado river water.--The Secretary shall enter into a 
     water delivery contract with the Hopi Tribe for Hopi Tribe 
     Upper Basin Colorado River Water in accordance with the 
     Settlement Agreement, which shall provide for, among other 
     things--
       (A) the delivery of up to 2,300 AFY of Hopi Tribe Upper 
     Basin Colorado River Water;
       (B) 1 or more points of diversion in the State, including 
     Lake Powell;
       (C) 1 or more storage locations at any place within the 
     State;
       (D) Use at any location within the State; and
       (E) delivery of Hopi Tribe Upper Basin Colorado River Water 
     to the Hopi Tribe's lessees and exchange partners in the 
     Upper Basin and the Lower Basin within the State.
       (5) Hopi tribe water delivery contract for hopi tribe 
     cibola water.--The Secretary shall enter into a water 
     delivery contact with the Hopi Tribe for Hopi Tribe Cibola 
     Water in accordance with the Settlement Agreement, which 
     shall provide for, among other things--
       (A) the delivery of up to 4,178 AFY of Fourth Priority 
     water, 750 AFY of Fifth Priority Water, and 1,000 AFY of 
     Sixth Priority Water;
       (B) 1 or more points of diversion in the State, including 
     Lake Powell;
       (C) storage in any location within the State;
       (D) Use at any location within the State, consistent with 
     subparagraph 5.8.3 of the Settlement Agreement;
       (E) delivery of Hopi Tribe Cibola Water to the Hopi Tribe's 
     lessees and exchange partners in the Upper Basin and Lower 
     Basin within the State; and
       (F) curtailment as provided in subsection (e).
       (d) Requirements and Limitations Applicable to Water 
     Delivery Contracts.--The Navajo Nation Water Delivery 
     Contracts and Hopi Tribe Water Delivery Contracts shall be 
     subject to the following requirements and limitations:
       (1) Except for storage by the Navajo Nation at the Navajo 
     Reservoir and the Frank Chee Willetto, Sr. Reservoir in New 
     Mexico, a water delivery contract shall not permit the Use of 
     the water outside of the State.
       (2) A water delivery contract shall not, either temporarily 
     or permanently, alter or reduce the annual Lower Basin 
     apportionment of the State pursuant to the Boulder Canyon 
     Project Act (43 U.S.C. 617 et seq.) and the Decree, or annual 
     Upper Basin apportionment pursuant to the Upper Colorado 
     River Basin Compact, as ratified and reprinted in article 3 
     of chapter 7 of title 45, Arizona Revised Statutes.
       (3) Nothing in a water delivery contract shall alter or 
     impair the rights, authorities, and interests of the State 
     under the Boulder Canyon Project Act (43 U.S.C. 617 et seq.), 
     the contract between the United States and the State dated 
     February 9, 1944, the Upper Colorado River Basin Compact of 
     1948, as ratified and reprinted in article 3 of chapter 7 of 
     title 45, Arizona Revised Statutes, or the Decree.
       (4) A water delivery contract shall not limit the ability 
     of the State to seek or advocate changes in the operating 
     rules, criteria, or guidelines of the Colorado River System 
     as those rules, criteria, or guidelines apply to the 
     apportionments of the State from the Upper Basin and the 
     Lower Basin of the Colorado River.
       (5) In the event that a water delivery contract will result 
     in the delivery of Upper Basin Colorado River Water to the 
     Lower Basin or Lower Basin Colorado River Water to the Upper 
     Basin, the Secretary shall confer with the State prior to 
     executing that water delivery contract with respect to--
       (A) the impact of the water deliveries on the availability 
     of Upper Basin or Lower Basin Colorado River Water within the 
     State;
       (B) the annual accounting conducted by the Bureau for the 
     water on the Colorado River apportionments of the State in 
     the Upper Basin and Lower Basin; and
       (C) as appropriate, the impact of the water deliveries on 
     the operations of the Central Arizona Project.
       (6) A water delivery contract shall identify--
       (A) the place of Use of the water;
       (B) the purpose of the Use of the water during the term of 
     the contract;
       (C) the mechanism for delivery of the water; and
       (D) each point of diversion under the contract.
       (7) A water delivery contract shall not prejudice the 
     interests of the State, or serve as precedent against the 
     State, in any litigation relating to the apportionment, 
     diversion, storage, or Use of water from the Colorado River 
     System.
       (8) In the case of a conflict between a water delivery 
     contract and this division or the Settlement Agreement, this 
     division or the Settlement Agreement shall control.
       (9) Any material amendment or modification of a water 
     delivery contract shall comply with, and be subject to, all 
     requirements and limitations for the water delivery contract, 
     as described in the Settlement Agreement and this division.
       (10) A water delivery contract shall become effective on 
     the Enforceability Date and, once effective, shall be 
     permanent and without limit as to term.
       (11) The United States shall waive Colorado River Storage 
     Project standby charges and delivery charges and annual 
     administration fees for water delivered pursuant to a water 
     delivery contract.
       (e) Curtailment.--
       (1) Navajo nation cibola water and navajo nation fourth 
     priority water.--Delivery of Navajo Nation Cibola Water and 
     Navajo Nation Fourth Priority Water, regardless of the point 
     of diversion, shall be subject to reduction in any year in 
     which a shortage is declared to the same extent as other non-
     CAP Fourth Priority Water.
       (2) Other lower basin colorado river water acquired by the 
     navajo nation.--Any other Lower Basin Colorado River Water 
     that the Navajo Nation may acquire shall be subject to 
     reduction in any year in which a shortage is declared in 
     accordance with criteria applied by the Secretary to water of 
     the same priority.
       (3) Hopi tribe cibola water.--
       (A) Fourth priority.--Delivery of Hopi Tribe Cibola Water 
     of fourth priority, regardless of the point of diversion, 
     shall be subject to reduction in any year in which a shortage 
     is declared to the same extent as other non-CAP Fourth 
     Priority Water.
       (B) Fifth priority.--Delivery of Hopi Tribe Cibola Water of 
     fifth priority, regardless of the point of diversion, shall 
     be subject to reduction in any year in which a shortage is 
     declared to the same extent as other Fifth Priority Water.
       (4) Other lower basin colorado river water acquired by the 
     hopi tribe.--Any other Lower Basin Colorado River Water that 
     the Hopi Tribe may acquire shall be subject to reduction in 
     any year in which a shortage is declared in accordance with 
     criteria applied by the Secretary to water of the same 
     priority.
       (f) Use of the Colorado River Mainstream and San Juan 
     River.--
       (1) In general.--The Secretary may use--
       (A) the Colorado River mainstream and dams and works on the 
     mainstream controlled or operated by the United States, which 
     regulate the flow of water in the mainstream or the diversion 
     of water from the mainstream in the Upper Basin or the Lower 
     Basin to transport and deliver Navajo Nation Upper Basin 
     Colorado River Water, Hopi Tribe Upper Basin Colorado River 
     Water, Navajo Nation Cibola Water, Navajo

[[Page S6169]]

     Nation Fourth Priority Water, and Hopi Tribe Cibola Water; 
     and
       (B) the San Juan River and the dams and works described in 
     subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settlement 
     Agreement to transport, store, and deliver Navajo Nation 
     Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
     and Navajo Nation Fourth Priority Water.
       (2) Navajo nation upper basin colorado river water; hopi 
     tribe upper basin colorado river water.--Navajo Nation Upper 
     Basin Colorado River Water or Hopi Tribe Upper Basin Colorado 
     River Water that enters the Lower Basin at Lee Ferry shall--
       (A) retain its character as Upper Basin Colorado River 
     Water; and
       (B) be accounted for separately by the Secretary in a 
     manner such that the Navajo Nation Upper Basin Colorado River 
     Water or the Hopi Tribe Upper Basin Colorado River Water is 
     not subject to paragraphs II(A) and II(B) of the Decree.
       (3) San juan river.--Navajo Nation Upper Basin Colorado 
     River Water that enters the San Juan River and the dams and 
     works described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of 
     the Settlement Agreement shall retain its character as Upper 
     Basin Colorado River Water, but if Navajo Nation Upper Basin 
     Colorado River Water spills from dams on the San Juan River 
     described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the 
     Settlement Agreement, that water shall become part of the San 
     Juan River system.
       (g) Acquisitions of Energy.--Amounts of energy needed to 
     deliver water to the Navajo Nation, the Hopi Tribe, or the 
     San Juan Southern Paiute Tribe shall be acquired by the 
     Tribes.
       (h) Reporting by Navajo Nation and Hopi Tribe.--
       (1) Navajo nation.--
       (A) In general.--Beginning on March 1 of the first year 
     following the year in which the Enforceability Date occurs, 
     and on March 1 of each year thereafter, the Navajo Nation 
     shall submit to the Arizona Department of Water Resources a 
     report describing--
       (i) the annual diversion amount, point of diversion, and 
     places of Use of Navajo Nation Upper Basin Colorado River 
     Water;
       (ii) the annual diversion amount, point of diversion, and 
     places of Use of Navajo Nation Cibola Water;
       (iii) the annual diversion amount, point of diversion, and 
     places of Use of Navajo Nation Fourth Priority Water;
       (iv) the location and annual amount of any off-Reservation 
     storage of Navajo Nation Upper Basin Colorado River Water, 
     Navajo Nation Cibola Water, and Navajo Nation Fourth Priority 
     Water;
       (v) the amount of an off-Reservation exchange involving 
     Navajo Nation Upper Basin Colorado River Water, Navajo Nation 
     Cibola Water, and Navajo Nation Fourth Priority Water; and
       (vi) the location and annual amount of Navajo Nation Upper 
     Basin Colorado River Water, Navajo Nation Cibola Water, and 
     Navajo Nation Fourth Priority Water leased off-Reservation.
       (B) Measurement of diverted water.--
       (i) In general.--In order to accurately measure the flow of 
     water diverted in the Upper Basin for Use by the Navajo 
     Nation in the State, the Navajo Nation shall install suitable 
     measuring devices at or near each point of diversion of 
     Navajo Nation Upper Basin Colorado River Water, Navajo Nation 
     Cibola Water, and Navajo Nation Fourth Priority Water from 
     the Colorado River's mainstem in the Upper Basin and the San 
     Juan River in the Upper Basin.
       (ii) Notification.--The Navajo Nation shall notify the 
     Arizona Department of Water Resources, in writing, of any 
     annual reporting conflicts between the Bureau, the Navajo 
     Nation, or the Upper Colorado River Commission prior to the 
     completion by the Bureau of the annual ``Colorado River 
     Accounting and Water Use Report for the Lower Basin''.
       (2) Hopi tribe.--
       (A) In general.--Beginning on March 1 of the first year 
     following the year in which the Enforceability Date occurs, 
     and on March 1 of each year thereafter, the Hopi Tribe shall 
     submit to the Arizona Department of Water Resources a report 
     describing--
       (i) the annual diversion amount, point of diversion, and 
     places of Use of Hopi Tribe Upper Basin Colorado River Water;
       (ii) the annual diversion amount, point of diversion, and 
     places of Use of Hopi Tribe Cibola Water;
       (iii) the location and annual amount of any off-Reservation 
     storage of Hopi Tribe Upper Basin Colorado River Water and 
     Hopi Tribe Cibola Water;
       (iv) the amount of an off-Reservation exchange involving 
     Hopi Tribe Upper Basin Colorado River Water or Hopi Tribe 
     Cibola Water; and
       (v) the location and annual amount of Hopi Tribe Upper 
     Basin Colorado River Water and Hopi Tribe Cibola Water leased 
     off-Reservation.
       (B) Measurement of diverted water.--
       (i) In general.--In order to accurately measure the flow of 
     water diverted in the Upper Basin for Use by the Hopi Tribe 
     in the State, the Hopi Tribe shall install suitable measuring 
     devices at or near each point of diversion of Hopi Tribe 
     Upper Basin Colorado River Water and Hopi Tribe Cibola Water 
     from the Colorado River's mainstem in the Upper Basin.
       (ii) Notification.--The Hopi Tribe shall notify the Arizona 
     Department of Water Resources, in writing, of any annual 
     reporting conflicts between the Bureau, the Hopi Tribe, or 
     the Upper Colorado River Commission prior to the completion 
     by the Bureau of the annual ``Colorado River Accounting and 
     Water Use Report for the Lower Basin''.

     SEC. 5007. COLORADO RIVER WATER LEASES AND EXCHANGES; USES.

       (a) In General.--Subject to approval by the Secretary--
       (1) the Navajo Nation may enter into leases, or options to 
     lease, or exchanges, or options to exchange, Navajo Nation 
     Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
     and Navajo Nation Fourth Priority Water, for Use and storage 
     in the State, in accordance with the Settlement Agreement and 
     all applicable Federal and State laws governing the transfer 
     of Colorado River Water entitlements within the State; and
       (2) the Hopi Tribe may enter into leases, or options to 
     lease, or exchanges, or options to exchange, Hopi Tribe Upper 
     Basin Colorado River Water and Hopi Tribe Cibola Water for 
     Use and storage in the State, in accordance with the 
     Settlement Agreement and all applicable Federal and State 
     laws governing the transfer of Colorado River Water 
     entitlements within the State.
       (b) Terms of Leases and Exchanges.--
       (1) On-reservation leasing.--
       (A) In general.--The Navajo Nation may lease the Navajo 
     Nation Upper Basin Colorado River Water, the Navajo Nation 
     Cibola Water, and the Navajo Nation Fourth Priority Water for 
     Use or storage on the Navajo Reservation and the Hopi Tribe 
     may lease Hopi Tribe Upper Basin Colorado River Water and 
     Hopi Tribe Cibola Water for Use or storage on the Hopi 
     Reservation.
       (B) Requirements.--A lease or option to lease under 
     subparagraph (A) shall be subject to--
       (i) the leasing regulations of the Navajo Nation or Hopi 
     Tribe, as applicable; and
       (ii) subsections (a) and (e) of the first section of the 
     Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 
     415) (commonly known as the ``Long-Term Leasing Act'').
       (2) Exchanges and off-reservation leasing.--
       (A) Navajo nation leasing.--Subject to approval by the 
     Secretary for an off-Reservation lease, the Navajo Nation may 
     lease Navajo Nation Upper Basin Colorado River Water, Navajo 
     Nation Cibola Water, and Navajo Nation Fourth Priority Water 
     for Use or storage off of the Navajo Reservation anywhere 
     within the State, in accordance with the Settlement Agreement 
     and all applicable Federal and State laws governing the 
     transfer of Colorado River Water within the State.
       (B) Hopi tribe leasing.--Subject to approval by the 
     Secretary for an off-Reservation lease, the Hopi Tribe may 
     lease Hopi Tribe Upper Basin Colorado River Water and Hopi 
     Tribe Cibola Water for Use or storage off of the Hopi 
     Reservation anywhere within the State, in accordance with the 
     Settlement Agreement and all applicable Federal and State 
     laws governing the transfer of Colorado River Water within 
     the State.
       (C) Term of leases and exchanges.--
       (i) Leases.--A contract to lease and an option to lease off 
     of the Reservation under subparagraph (A) or (B), as 
     applicable, shall be for a term not to exceed 100 years.
       (ii) Exchanges.--An exchange or option to exchange shall be 
     for the term provided for in the exchange or option, as 
     applicable.
       (D) Renegotiation; renewal.--The Navajo Nation and the Hopi 
     Tribe may, with the approval of the Secretary, renegotiate 
     any lease described in subparagraph (A) or (B), as 
     applicable, at any time during the term of that lease, 
     subject to the condition that the term of the renegotiated 
     lease off of the Reservation may not exceed 100 years.
       (3) Requirements for all contracts to lease and contracts 
     to exchange.--All contracts to lease or exchange Navajo 
     Nation Upper Basin Colorado River Water, Navajo Nation Cibola 
     Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper 
     Colorado River Water, and Hopi Tribe Cibola Water shall--
       (A) identify the places of Use of the water, the purpose of 
     the Uses of the water during the term of the contract, the 
     mechanisms for delivery of the water, and each point of 
     diversion under the contract; and
       (B) provide that the water received from the Navajo Nation 
     or the Hopi Tribe, as applicable, shall be used in accordance 
     with applicable law.
       (4) No conflict with settlement agreement or this 
     division.--A contract to lease or exchange Navajo Nation 
     Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
     Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
     Colorado River Water, or Hopi Tribe Cibola Water shall not 
     conflict with the Settlement Agreement or this division.
       (c) Prohibition on Permanent Alienation.--No Navajo Nation 
     Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
     Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
     Colorado River Water, or Hopi Tribe Cibola Water may be 
     permanently alienated.
       (d) Entitlement to Lease and Exchange Monies.--
       (1) Entitlement.--The Navajo Nation or the Hopi Tribe, as 
     applicable, shall be entitled to all consideration due to the 
     Navajo Nation or Hopi Tribe under any lease, option to lease, 
     exchange, or option to exchange Navajo Nation Upper Basin 
     Colorado River Water, Navajo Nation Cibola Water, Navajo 
     Nation Fourth Priority Water, Hopi Tribe

[[Page S6170]]

     Upper Basin Colorado River Water, or Hopi Tribe Cibola Water 
     entered into by the Navajo Nation or the Hopi Tribe.
       (2) Exclusion.--The United States shall not, in any 
     capacity, be entitled to the consideration described in 
     paragraph (1).
       (3) Obligation 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 Navajo Nation or the Hopi 
     Tribe as consideration under any lease, option to lease, 
     exchange, or option to exchange Navajo Nation Upper Basin 
     Colorado River Water, Navajo Nation Cibola Water, Navajo 
     Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado 
     River Water, and Hopi Tribe Cibola Water entered into by the 
     Navajo Nation or the Hopi Tribe.
       (e) Delivery of Colorado River Water to Lessees.--All 
     lessees of Navajo Nation Upper Basin Colorado River Water, 
     Navajo Nation Cibola Water, Navajo Nation Fourth Priority 
     Water, Hopi Tribe Upper Basin Colorado River Water, and Hopi 
     Tribe Cibola Water shall pay all OM&R charges, all energy 
     charges, and all other applicable charges associated with the 
     delivery of the leased water.
       (f) Delivery of Colorado River Water Through the CAP 
     System.--
       (1) Cawcd approval.--The Navajo Nation, the Hopi Tribe, or 
     any person who leases Navajo Nation Upper Basin Colorado 
     River Water, Navajo Nation Cibola Water, Navajo Nation Fourth 
     Priority Water, Hopi Tribe Upper Basin Colorado River Water, 
     and Hopi Tribe Cibola Water under subsection (a) may 
     transport that Navajo Nation Upper Basin Colorado River 
     Water, Navajo Nation Cibola Water, Navajo Nation Fourth 
     Priority Water, Hopi Tribe Upper Basin Colorado River Water, 
     or Hopi Tribe Cibola Water, as applicable, through the CAP 
     system in accordance with all laws of the United States and 
     the agreements between the United States and CAWCD governing 
     the use of the CAP system to transport water other than CAP 
     water, and other applicable charges.
       (2) Lessee responsibility for charges.--Any lease or option 
     to lease providing for the temporary delivery of Navajo 
     Nation Upper Basin Colorado River Water, Navajo Nation Cibola 
     Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper 
     Basin Colorado River Water, and Hopi Tribe Cibola Water 
     through the CAP system shall require the lessee to pay the 
     CAP operating agency all CAP fixed OM&R charges and all CAP 
     pumping energy charges associated with the delivery of the 
     leased water, and other applicable charges.
       (3) No responsibility for payment.--The Navajo Nation, the 
     Hopi Tribe, and the United States acting in any capacity 
     shall not be responsible for the payment of any charges 
     associated with the delivery of Colorado River Water leased 
     to others.
       (4) Payment in advance.--No leased Navajo Nation Upper 
     Basin Colorado River Water, Navajo Nation Cibola Water, 
     Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
     Colorado River Water, or Hopi Tribe Cibola Water shall be 
     delivered through the CAP system unless the CAP fixed OM&R 
     charges, the CAP pumping energy charges, and other applicable 
     charges associated with the delivery of that Navajo Nation 
     Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
     Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
     Colorado River Water, or Hopi Tribe Cibola Water, as 
     applicable, have been paid in advance.
       (5) Calculation.--The charges for delivery of Navajo Nation 
     Upper Basin Colorado River Water, Navajo Nation Cibola Water, 
     Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin 
     Colorado River Water, and Hopi Tribe Cibola Water delivered 
     through the CAP system pursuant to a lease shall be 
     calculated in accordance with the agreements between the 
     United States and CAWCD governing the use of the CAP system 
     to transport water other than CAP water.

     SEC. 5008. IINA BA - PAA TUWAQAT'SI PIPELINE.

       (a) Iina ba - Paa Tuwaqat'si Pipeline.--
       (1) Planning, design, and construction of the iina ba - paa 
     tuwaqat'si pipeline.--
       (A) In general.--The Secretary, acting through the 
     Commissioner of Reclamation, shall plan, design, and 
     construct the iina ba - paa tuwaqat'si pipeline.
       (B) Project construction committee.--As provided in 
     subparagraph 12.1.4 of the Settlement Agreement, the 
     Secretary shall form a Project Construction Committee, which 
     shall include the Navajo Nation, the Hopi Tribe, and the San 
     Juan Southern Paiute Tribe, for purposes of planning and 
     designing the iina ba - paa tuwaqat'si pipeline to provide 
     water delivery to the Navajo Reservation, the Hopi 
     Reservation, and the San Juan Southern Paiute Southern Area.
       (C) Design.--The iina ba - paa tuwaqat'si pipeline shall be 
     substantially configured as Alternative 5, Option B-100 
     described in the report of the Bureau entitled ``Navajo-Hopi 
     Value Planning Study--Arizona'' and dated October 2020.
       (D) Existing components.--The iina ba - paa tuwaqat'si 
     pipeline may include components that have already been built 
     or acquired by the Navajo Nation or the Hopi Tribe as a 
     contribution by the Navajo Nation or the Hopi Tribe towards 
     the cost of planning, designing, and constructing the 
     pipeline.
       (E) Use of pipeline.--The iina ba - paa tuwaqat'si pipeline 
     shall deliver potable water for domestic, commercial, 
     municipal, and industrial Uses and be capable of delivering 
     from Lake Powell--
       (i) up to 7,100 AFY of potable Colorado River Water to the 
     Navajo Nation for Use in delivering up to 6,750 AFY to serve 
     Navajo communities and up to 350 AFY to serve the San Juan 
     Southern Paiute Southern Area; and
       (ii) up to 3,076 AFY of potable Colorado River Water to the 
     Hopi Tribe for Use in delivering up to 3,076 AFY to serve 
     Hopi communities.
       (F) Commencement of construction.--Construction of the iina 
     ba - paa tuwaqat'si pipeline shall commence after 
     environmental compliance, design, construction phasing, cost 
     estimating, and value engineering have occurred and the 
     phasing of construction has been agreed by the Secretary, the 
     Navajo Nation, and the Hopi Tribe, with the Secretary 
     deciding on phasing if an agreement is not reached.
       (2) Ownership.--
       (A) In general.--The iina ba - paa tuwaqat'si pipeline 
     shall be owned by the United States during construction of 
     the iina ba - paa tuwaqat'si pipeline.
       (B) Transfer of ownership.--On substantial completion of 
     all or a phase of the iina ba - paa tuwaqat'si pipeline, in 
     accordance with paragraph (3), the Secretary shall--
       (i) transfer title to the applicable section of the iina ba 
     - paa tuwaqat'si pipeline on the Navajo Reservation, except 
     that section that lies on the Navajo Reservation between 
     Moenkopi and the boundary of the 1882 Reservation, to the 
     Navajo Nation; and
       (ii) transfer title to the applicable section of the iina 
     ba - paa tuwaqat'si pipeline on the Hopi Reservation, and the 
     section of the iina ba - paa tuwaqat'si pipeline that lies on 
     the Navajo Reservation between Moenkopi and the boundary of 
     the 1882 Reservation and the right-of-way for that section of 
     the iina ba - paa tuwaqat'si pipeline, to the Hopi Tribe.
       (3) Substantial completion.--
       (A) In general.--The Secretary shall determine that the 
     iina ba - paa tuwaqat'si pipeline or a phase of the iina ba - 
     paa tuwaqat'si pipeline is substantially complete after 
     consultation with the Navajo Nation and the Hopi Tribe.
       (B) Substantial completion described.--Substantial 
     completion of the iina ba - paa tuwaqat'si pipeline project 
     or a phase of the iina ba - paa tuwaqat'si pipeline project 
     occurs when the infrastructure constructed is capable of 
     storing, diverting, treating, transmitting, and distributing 
     a supply of water as set forth in the final project design 
     described in subsection (a)(1)(C).
       (4) Operation.--
       (A) Project operation committee.--The Secretary shall form 
     a Project Operation Committee, which shall include the Navajo 
     Nation and the Hopi Tribe--
       (i) to develop a project operations agreement to be 
     executed by the Navajo Nation, the Hopi Tribe, and the 
     Secretary prior to substantial completion of any phase of the 
     iina ba - paa tuwaqat'si pipeline that will provide water to 
     the Navajo Nation and the Hopi Tribe; and
       (ii) to describe all terms and conditions necessary for 
     long-term operations of the iina ba - paa tuwaqat'si 
     pipeline, including--

       (I) distribution of water;
       (II) responsibility for maintenance of the iina ba - paa 
     tuwaqat'si pipeline or section of the iina ba - paa 
     tuwaqat'si pipeline;
       (III) the allocation and payment of annual OM&R costs of 
     the iina ba - paa tuwaqat'si pipeline or section of the iina 
     ba - paa tuwaqat'si pipeline based on the proportionate uses 
     and ownership of the iina ba - paa tuwaqat'si pipeline; and
       (IV) a right to sue in a district court of the United 
     States to enforce the project operations agreement.

       (B) Navajo tribe operation.--The Navajo Nation shall 
     operate the section of the iina ba - paa tuwaqat'si pipeline 
     that delivers water to the Navajo communities, other than 
     Coal Mine Mesa, and that may deliver water through the iina 
     ba - paa tuwaqat'si pipeline to the San Juan Southern Paiute 
     Tribe.
       (C) Hopi tribe operation.--The Hopi Tribe shall operate the 
     section of the iina ba - paa tuwaqat'si pipeline that 
     delivers water to Moenkopi, the 1882 Reservation, and the 
     Navajo community of Coal Mine Mesa.
       (b) Tribal Easements and Rights-of-way.--
       (1) In general.--In partial consideration for the funding 
     provided under section 5013, the Navajo Nation, the Hopi 
     Tribe, and the San Juan Southern Paiute Tribe shall each 
     timely consent to the grant of rights-of-way as described in, 
     and in accordance with, subparagraphs 12.5.1, 12.5.2, and 
     12.5.3 of the Settlement Agreement.
       (2) Legal devices.--With the consent of each affected 
     Tribe, the Secretary may enter into legal devices, other than 
     rights-of-way, such as construction corridors, when operating 
     within the jurisdiction of the Navajo Nation, Hopi Tribe, or 
     San Juan Southern Paiute Tribe in furtherance of the 
     planning, design, and construction of the iina ba - paa 
     tuwaqat'si pipeline.
       (3) Authorization and granting of rights-of-way.--The 
     Secretary shall grant the rights-of-way consented to by the 
     Tribes under paragraph (1).

     SEC. 5009. IINA BA - PAA TUWAQAT'SI PIPELINE IMPLEMENTATION 
                   FUND ACCOUNT.

       (a) Establishment.--The Secretary shall establish a non-
     trust, interest-bearing account, to be known as the ``iina ba 
     - paa

[[Page S6171]]

     tuwaqat'si pipeline Implementation Fund Account'', to be 
     managed and distributed by the Secretary, for use by the 
     Secretary in carrying out this division.
       (b) Deposits.--The Secretary shall deposit in the iina ba - 
     paa tuwaqat'si pipeline Implementation Fund Account the 
     amounts made available pursuant to section 5013(a)(1).
       (c) Uses.--The iina ba - paa tuwaqat'si pipeline 
     Implementation Fund Account shall be used by the Secretary to 
     carry out section 5008.
       (d) Interest.--In addition the amounts deposited in the 
     iina ba - paa tuwaqat'si pipeline Implementation Fund Account 
     under subsection (b), any investment earnings, including 
     interest credited to amounts unexpended in the iina ba - paa 
     tuwaqat'si pipeline Implementation Fund Account, are 
     authorized to be appropriated to be used in accordance with 
     the uses described in subsection (c).

     SEC. 5010. NAVAJO NATION WATER SETTLEMENT TRUST FUND.

       (a) Establishment.--The Secretary shall establish a trust 
     fund for the Navajo Nation, to be known as the ``Navajo 
     Nation Water Settlement 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 Navajo Nation Water Settlement 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 Navajo 
     Nation Water Settlement Trust Fund the following accounts:
       (1) The Navajo Nation Water Projects Trust Fund Account.
       (2) The Navajo Nation OM&R Trust Fund Account.
       (3) The Navajo Nation Agricultural Conservation Trust Fund 
     Account.
       (4) The Navajo Nation Renewable Energy Trust Fund Account.
       (5) The Navajo Nation Lower Basin Colorado River Water 
     Acquisition Trust Fund Account.
       (c) Deposits.--The Secretary shall deposit--
       (1) in the Navajo Nation Water Projects Trust Fund Account, 
     the amounts made available pursuant to subparagraph (A)(i) of 
     section 5013(b)(3);
       (2) in the Navajo Nation OM&R Trust Fund Account, the 
     amounts made available pursuant to subparagraph (A)(ii) of 
     that section;
       (3) in the Navajo Nation Agricultural Conservation Trust 
     Fund Account, the amounts made available pursuant to 
     subparagraph (A)(iii) of that section;
       (4) in the Navajo Nation Renewable Energy Trust Fund 
     Account, the amounts made available pursuant to subparagraph 
     (A)(iv) of that section; and
       (5) in the Navajo Nation Lower Basin Colorado River Water 
     Acquisition Trust Fund Account, the amounts made available 
     pursuant to subparagraph (A)(v) of that section.
       (d) Management and Interest.--
       (1) Management.--On receipt and deposit of the funds into 
     the accounts in the Navajo Nation Water Settlement Trust Fund 
     Accounts pursuant to subsection (c), the Secretary shall 
     manage, invest, and distribute all amounts in the Navajo 
     Nation Water Settlement 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 Navajo Nation Water Settlement Trust Fund under 
     subsection (c), any investment earnings, including interest, 
     credited to amounts held in the Navajo Nation Water 
     Settlement Trust Fund are authorized to be appropriated to be 
     used in accordance with subsection (f).
       (e) Withdrawals.--
       (1) American indian trust fund management reform act of 
     1994.--
       (A) In general.--The Navajo Nation may withdraw any portion 
     of the amounts in the Navajo Nation Water Settlement Trust 
     Fund on approval by the Secretary of a Tribal management plan 
     submitted by the Navajo 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 paragraph shall require that the Navajo Nation spend all 
     amounts withdrawn from the Navajo Nation Water Settlement 
     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 a Tribal management plan; and
       (ii) to ensure that amounts withdrawn from the Navajo 
     Nation Water Settlement Trust Fund by the Navajo Nation under 
     this paragraph are used in accordance with this division.
       (2) Expenditure plan.--
       (A) In general.--The Navajo Nation may submit to the 
     Secretary a request to withdraw funds from the Navajo Nation 
     Water Settlement Trust Fund pursuant to an approved 
     expenditure plan.
       (B) Requirements.--To be eligible to withdraw funds under 
     an expenditure plan under this paragraph, the Navajo Nation 
     shall submit to the Secretary for approval an expenditure 
     plan for any portion of the Navajo Nation Water Settlement 
     Trust Fund that the Navajo Nation elects to withdraw pursuant 
     to this paragraph, subject to the condition that the funds 
     shall be used for the purposes described in this division.
       (C) Inclusions.--An expenditure plan under this paragraph 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the Navajo 
     Nation Water Settlement Trust Fund Accounts will be used by 
     the Navajo Nation in accordance with subsection (f).
       (D) Approval.--On receipt of an expenditure plan under this 
     paragraph, the Secretary shall approve the expenditure plan 
     if the Secretary determines that the expenditure 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 under this paragraph 
     to ensure that amounts disbursed under this paragraph are 
     used in accordance with this division.
       (f) Uses.--Amounts from the Navajo Nation Water Settlement 
     Trust Fund shall be used by the Navajo Nation for the 
     following purposes:
       (1) Navajo nation water projects trust fund account.--
     Amounts in the Navajo Nation Water Projects Trust Fund 
     Account may only be used for the purpose of environmental 
     compliance, planning, engineering activities, and 
     construction of projects designed to deliver potable water to 
     communities, such as Leupp, Dilkon, Ganado, Black Mesa, 
     Sweetwater, Chinle, Lupton/Nahata Dziil Area, Kayenta, and 
     Oljato.
       (2) Navajo nation om&r trust fund account.--Amounts in the 
     Navajo Nation OM&R Trust Fund Account may only be used to pay 
     OM&R costs of the Navajo Water projects described in 
     paragraph (1) and the iina ba - paa tuwaqat'si pipeline 
     project.
       (3) Navajo nation agricultural conservation trust fund 
     account.--
       (A) In general.--Subject to subparagraph (B), amounts in 
     the Navajo Nation Agricultural Conservation Trust Fund 
     Account may only be used to pay the costs of improvements to 
     reduce water shortages on the historically irrigated land of 
     the Navajo Nation, including sprinklers, drip or other 
     efficient irrigation systems, land leveling, wells, 
     pipelines, pumps and storage, stream bank stabilization and 
     restoration, pasture seeding and management, fencing, wind 
     breaks, and alluvial wells.
       (B) Limitation.--Not more than half of the amounts in the 
     Navajo Nation Agricultural Conservation Trust Fund Account 
     may be used for replacement and development of livestock 
     wells and impoundments on the Navajo Reservation and Navajo 
     Trust Land.
       (4) Navajo nation renewable energy trust fund account.--
     Amounts in the Navajo Nation Renewable Energy Trust Fund 
     Account may only be used to pay the cost of planning, 
     designing, and constructing renewable energy facilities to 
     support the costs of operating the Navajo Nation Water 
     projects and the iina ba - paa tuwaqat'si pipeline.
       (5) Navajo nation lower basin colorado river water 
     acquisition trust fund account.--Amounts in the Navajo Nation 
     Lower Basin Colorado River Water Acquisition Trust Fund 
     Account may only be used to purchase land within the State 
     and associated Lower Basin Colorado River Water Rights.
       (g) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Navajo Nation 
     Water Settlement Trust Fund by the Navajo Nation pursuant to 
     subsection (e).
       (h) Title to Infrastructure.--Title to, control over, and 
     operation of any project constructed using funds from the 
     Navajo Nation Water Settlement Trust Fund shall remain in the 
     Navajo Nation.
       (i) Account Transfers.--If the activities described in any 
     of paragraphs (1) through (5) of subsection (f) are complete 
     and amounts remain in the applicable Trust Fund Account 
     described in those paragraphs, the Secretary, at the request 
     of the Navajo Nation, shall transfer the remaining amounts to 
     one of the other accounts within the Navajo Nation Water 
     Settlement Trust Fund.
       (j) Contributions to the Iina ba - Paa Tuwaqat'si 
     Pipeline.--In its sole discretion, the Navajo Nation may use 
     amounts in the Navajo Nation Water Settlement Trust Fund to 
     supplement funds in the iina ba - paa tuwaqat'si pipeline 
     Implementation Fund Account.
       (k) Annual Report.--The Navajo Nation shall submit to the 
     Secretary an annual expenditure report describing 
     accomplishments and amounts spent from use of withdrawals 
     under a Tribal management plan approved under paragraph (1) 
     of subsection (e) or an expenditure plan approved under 
     paragraph (2) of that subsection.
       (l) No Per Capita Payments.--No principal or interest 
     amount in any account established by this section shall be 
     distributed to any member of the Navajo Nation on a per 
     capita basis.
       (m) Effect.--Nothing in this section entitles the Navajo 
     Nation to judicial review of

[[Page S6172]]

     a determination of the Secretary relating to whether to 
     approve a Tribal management plan under paragraph (1) of 
     subsection (e) or an expenditure plan under paragraph (2) of 
     that subsection, except as provided under subchapter II of 
     chapter 5, and chapter 7, of title 5, United States Code 
     (commonly known as the ``Administrative Procedure Act'').

     SEC. 5011. HOPI TRIBE SETTLEMENT TRUST FUND.

       (a) Establishment.--The Secretary shall establish a trust 
     fund for the Hopi Tribe, to be known as the ``Hopi Tribe 
     Water Settlement 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 Hopi 
     Tribe Water Settlement 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 Hopi 
     Tribe Water Settlement Trust Fund the following accounts:
       (1) The Hopi Tribe Groundwater Projects Trust Fund Account.
       (2) The Hopi Tribe OM&R Trust Fund Account.
       (3) The Hopi Tribe Agricultural Conservation Trust Fund 
     Account.
       (4) The Hopi Tribe Lower Basin Colorado River Water 
     Acquisition Trust Fund Account.
       (c) Deposits.--The Secretary shall deposit--
       (1) in the Hopi Tribe Groundwater Projects Trust Fund 
     Account, the amounts made available pursuant to clause (i) of 
     section 5013(b)(3)(B);
       (2) in the Hopi Tribe OM&R Trust Fund Account, the amounts 
     made available pursuant to clause (ii) of that section;
       (3) in the Hopi Tribe Agricultural Conservation Trust Fund 
     Account, the amounts made available pursuant to clause (iii) 
     of that section; and
       (4) in the Hopi Tribe Lower Basin Colorado River Water 
     Acquisition Trust Fund Account, the amounts made available 
     pursuant to clause (iv) of that section.
       (d) Management and Interest.--
       (1) Management.--On receipt and deposit of the funds into 
     the accounts in the Hopi Tribe Water Settlement Trust Fund 
     pursuant to subsection (c), 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 Hopi Tribe Water Settlement Trust Fund under 
     subsection (c), any investment earnings, including interest, 
     credited to amounts held in accounts of the Hopi Tribe Water 
     Settlement Trust Fund are authorized to be appropriated to be 
     used in accordance with subsection (f).
       (e) Withdrawals.--
       (1) American indian trust fund management reform act of 
     1994.--
       (A) In general.--The Hopi Tribe may withdraw any portion of 
     the amounts in the Hopi Tribe Water Settlement Trust Fund on 
     approval by the Secretary of a Tribal management plan 
     submitted by the Hopi Tribe 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 paragraph shall require that the Hopi Tribe spend all 
     amounts withdrawn from the Hopi Tribe Water Settlement Trust 
     Fund Accounts, 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 a Tribal management plan; and
       (ii) to ensure that amounts withdrawn from the Hopi Tribe 
     Water Settlement Trust Fund by the Hopi Tribe under this 
     paragraph are used in accordance with this division.
       (2) Expenditure plan.--
       (A) In general.--The Hopi Tribe may submit to the Secretary 
     a request to withdraw funds from the Hopi Tribe Water 
     Settlement Trust Fund pursuant to an approved expenditure 
     plan.
       (B) Requirements.--To be eligible to withdraw funds under 
     an expenditure plan under this paragraph, the Hopi Tribe 
     shall submit to the Secretary for approval an expenditure 
     plan for any portion of the Hopi Tribe Water Settlement Trust 
     Fund that the Hopi Tribe elects to withdraw pursuant to this 
     paragraph, subject to the condition that the funds shall be 
     used for the purposes described in this division.
       (C) Inclusions.--An expenditure plan under this paragraph 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the Hopi 
     Tribe Water Settlement Trust Fund Accounts will be used by 
     the Hopi Tribe in accordance with subsection (f).
       (D) Approval.--On receipt of an expenditure plan under this 
     paragraph, the Secretary shall approve the expenditure plan 
     if the Secretary determines that the expenditure 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 under this paragraph 
     to ensure that amounts disbursed under this paragraph are 
     used in accordance with this division.
       (f) Uses.--Amounts from the Hopi Tribe Water Settlement 
     Trust Fund shall be used by the Hopi Tribe for the following 
     purposes:
       (1) The hopi tribe groundwater projects trust fund 
     account.--Amounts in the Hopi Tribe Groundwater Projects 
     Trust Fund Account may only be used for the purpose of 
     environmental compliance, planning, engineering and design 
     activities, and construction to deliver water to Hopi 
     communities.
       (2) The hopi tribe om&r trust fund account.--Amounts in the 
     Hopi Tribe OM&R Trust Fund Account may only be used to pay 
     the OM&R costs of the Hopi Groundwater projects described in 
     paragraph (1) and the iina ba - paa tuwaqat'si pipeline 
     project.
       (3) The hopi tribe agricultural conservation trust fund 
     account.--Amounts in the Hopi Tribe Agricultural Conservation 
     Trust Fund Account may only be used to pay the costs of 
     improvements to reduce water shortages on the historically 
     irrigated land and grazing land of the Hopi Tribe, including 
     sprinklers, drip or other efficient irrigation systems, land 
     leveling, wells, impoundments, pipelines, pumps and storage, 
     stream bank stabilization and restoration, pasture seeding 
     and management, fencing, and wind breaks or alluvial wells, 
     and spring restoration, repair, replacement, and relocation 
     of low technology structures to support Akchin farming, 
     flood-water farming, and other traditional farming practices.
       (4) The hopi tribe lower basin colorado river water 
     acquisition trust fund account.--Amounts in the Hopi Tribe 
     Lower Basin Colorado River Water Acquisition Trust Fund 
     Account may only be used to purchase land within the State 
     and associated Lower Basin Colorado River Water Rights.
       (g) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Hopi Tribe Water 
     Settlement Trust Fund Accounts by the Hopi Tribe pursuant to 
     subsection (e).
       (h) Title to Infrastructure.--Title to, control over, and 
     operation of any project constructed using funds from the 
     Hopi Tribe Water Settlement Trust Fund shall remain in the 
     Hopi Tribe.
       (i) Account Transfers.--If the activities described in any 
     of paragraphs (1) through (4) of subsection (f) are complete 
     and amounts remain in the applicable Trust Fund Account 
     described in those paragraphs, the Secretary, at the request 
     of the Hopi Tribe, shall transfer the remaining amounts to 
     one of the other accounts within the Hopi Tribe Water 
     Settlement Trust Fund.
       (j) Contributions to the Iina ba - Paa Tuwaqat'si 
     Pipeline.--In its sole discretion, the Hopi Tribe may use 
     amounts in the Hopi Tribe Water Settlement Trust Fund to 
     supplement funds in the iina ba - paa tuwaqat'si pipeline 
     Implementation Fund Account.
       (k) Annual Report.--The Hopi Tribe shall submit to the 
     Secretary an annual expenditure report describing 
     accomplishments and amounts spent from use of withdrawals 
     under a Tribal management plan under paragraph (1) of 
     subsection (e) or an expenditure plan under paragraph (2) of 
     that subsection.
       (l) No Per Capita Payments.--No principal or interest 
     amount in any account established by this section shall be 
     distributed to any member of the Hopi Tribe on a per capita 
     basis.
       (m) Effect.--Nothing in this section entitles the Hopi 
     Tribe to judicial review of a determination of the Secretary 
     regarding whether to approve a Tribal management plan under 
     paragraph (1) of subsection (e) or an expenditure plan under 
     paragraph (2) of that subsection, except as provided under 
     subchapter II of chapter 5, and chapter 7, of title 5, United 
     States Code (commonly known as the ``Administrative Procedure 
     Act'').

     SEC. 5012. SAN JUAN SOUTHERN PAIUTE TRIBE WATER SETTLEMENT 
                   TRUST FUND.

       (a) Establishment.--The Secretary shall establish a trust 
     fund for the San Juan Southern Paiute Tribe, to be known as 
     the ``San Juan Southern Paiute Tribe Water Settlement 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 Accounts 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 San 
     Juan Southern Paiute Tribe Water Settlement Trust Fund the 
     following accounts:
       (1) The San Juan Southern Paiute Tribe Groundwater Projects 
     Trust Fund Account.
       (2) The San Juan Southern Paiute Tribe Agricultural 
     Conservation Trust Fund Account.
       (3) The San Juan Southern Paiute Tribe OM&R Trust Fund 
     Account.
       (c) Deposits.--The Secretary shall deposit--

[[Page S6173]]

       (1) in the San Juan Southern Paiute Tribe Groundwater 
     Projects Trust Fund Account, the amounts made available 
     pursuant to clause (i) of section 5013(b)(3)(C);
       (2) in the San Juan Southern Paiute Tribe Agricultural 
     Conservation Trust Fund Account, the amounts made available 
     pursuant to clause (iii) of that section; and
       (3) in the San Juan Southern Paiute Tribe OM&R Trust Fund 
     Account, the amounts made available pursuant to clause (ii) 
     of that section.
       (d) Management and Interest.--
       (1) Management.--On receipt and deposit of the funds into 
     the accounts in the San Juan Southern Paiute Water Settlement 
     Trust Fund pursuant to subsection (c), the Secretary shall 
     manage, invest, and distribute all amounts in the San Juan 
     Southern Paiute Trust Fund Accounts 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 San Juan Southern Paiute Tribe Water Settlement Trust 
     Fund under subsection (c), any investment earnings, including 
     interest, credited to amounts held in accounts of the San 
     Juan Southern Paiute Tribe Water Settlement Trust Fund are 
     authorized to be appropriated to be used in accordance with 
     subsection (f).
       (e) Withdrawals.--
       (1) American indian trust fund management reform act of 
     1994.--
       (A) In general.--The San Juan Southern Paiute Tribe may 
     withdraw any portion of the amounts in the San Juan Southern 
     Paiute Tribe Water Settlement Trust Fund on approval by the 
     Secretary of a Tribal management plan submitted by the San 
     Juan Southern Paiute Tribe 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 paragraph shall require that the San Juan Southern 
     Paiute Tribe spend all amounts withdrawn from the San Juan 
     Southern Paiute Tribe Water Settlement 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 a Tribal management plan; and
       (ii) to ensure that amounts withdrawn from the San Juan 
     Southern Paiute Tribe Water Settlement Trust Fund by the San 
     Juan Southern Paiute Tribe under this paragraph are used in 
     accordance with this division.
       (2) Expenditure plan.--
       (A) In general.--The San Juan Southern Paiute Tribe may 
     submit to the Secretary a request to withdraw funds from the 
     San Juan Southern Paiute Tribe Water Settlement Trust Fund 
     pursuant to an approved expenditure plan.
       (B) Requirements.--To be eligible to withdraw funds under 
     an expenditure plan under this paragraph, the San Juan 
     Southern Paiute Tribe shall submit to the Secretary for 
     approval an expenditure plan for any portion of the San Juan 
     Southern Paiute Tribe Water Settlement Trust Fund that the 
     San Juan Southern Paiute Tribe elects to withdraw pursuant to 
     this paragraph, subject to the condition that the funds shall 
     be used for the purposes described in this division.
       (C) Inclusions.--An expenditure plan under this paragraph 
     shall include a description of the manner and purpose for 
     which the amounts proposed to be withdrawn from the San Juan 
     Southern Paiute Tribe Water Settlement Trust Fund Accounts 
     will be used by the San Juan Southern Paiute Tribe in 
     accordance with subsection (f).
       (D) Approval.--On receipt of an expenditure plan under this 
     paragraph, the Secretary shall approve the expenditure plan 
     if the Secretary determines that the expenditure 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 under this paragraph 
     to ensure that amounts disbursed under this paragraph are 
     used in accordance with this division.
       (f) Uses.--Amounts from the San Juan Southern Paiute Tribe 
     Water Settlement Trust Fund shall be used by the San Juan 
     Southern Paiute Tribe for the following purposes:
       (1) The san juan southern paiute tribe groundwater projects 
     trust fund account.--Amounts in the San Juan Southern Paiute 
     Tribe Groundwater Projects Trust Fund Account may only be 
     used to pay the cost of designing and constructing water 
     projects, including Water treatment facilities, pipelines, 
     storage tanks, pumping stations, pressure reducing valves, 
     electrical transmission facilities, and the other appurtenant 
     items, including real property and easements necessary to 
     deliver water to the areas served.
       (2) The san juan southern paiute tribe agricultural 
     conservation trust fund account.--
       (A) In general.--Subject to subparagraph (B), amounts in 
     the San Juan Southern Paiute Tribe Agricultural Conservation 
     Trust Fund Account may only be used to pay the costs of 
     improvements to reduce water shortages on the historically 
     irrigated land of the San Juan Southern Paiute Tribe, 
     including sprinklers, drip or other efficient irrigation 
     systems, land leveling, wells, pipelines, pumps and storage, 
     stream bank stabilization and restoration, pasture seeding 
     and management, fencing, wind breaks, and alluvial wells.
       (B) Limitation.--Not more than half of the amounts in the 
     San Juan Southern Paiute Tribe Agricultural Conservation 
     Trust Fund Account may be used for replacement and 
     development of livestock wells and impoundments on San Juan 
     Southern Paiute Land.
       (3) The san juan southern paiute tribe om&r trust fund 
     account.--Amounts in the San Juan Southern Paiute Tribe OM&R 
     Trust Fund Account may only be used to pay the OM&R costs of 
     the San Juan Southern Paiute Tribe Water projects described 
     in paragraph (1) and for the imputed costs for delivery of 
     water from the iina ba - paa tuwaqat'si pipeline.
       (g) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the San Juan 
     Southern Paiute Tribe Water Settlement Trust Fund Accounts by 
     the San Juan Southern Paiute Tribe pursuant to subsection 
     (e).
       (h) Title to Infrastructure.--Title to, control over, and 
     operation of any project constructed using funds from the San 
     Juan Southern Paiute Tribe Water Settlement Trust Fund shall 
     remain in the San Juan Southern Paiute Tribe.
       (i) Account Transfers.--If the activities described in any 
     of paragraphs (1) through (3) of subsection (f) are complete 
     and amounts remain in the applicable Trust Fund Account 
     described in those paragraphs, the Secretary, at the request 
     of the San Juan Southern Paiute Tribe, shall transfer the 
     remaining amounts to one of the other accounts within the San 
     Juan Southern Paiute Tribe Water Settlement Trust Fund.
       (j) Contributions to the Iina ba - Paa Tuwaqat'si 
     Pipeline.--In its sole discretion, the San Juan Southern 
     Paiute Tribe may use amounts in the San Juan Southern Paiute 
     Tribe Water Settlement Trust Fund to supplement funds in the 
     iina ba - paa tuwaqat'si pipeline Implementation Fund 
     Account.
       (k) Annual Report.--The San Juan Southern Paiute Tribe 
     shall submit to the Secretary an annual expenditure report 
     describing accomplishments and amounts spent from use of 
     withdrawals under a Tribal management plan submitted under 
     paragraph (1) of subsection (e) or an expenditure plan under 
     paragraph (2) of that subsection.
       (l) No Per Capita Payments.--No principal or interest 
     amount in any account established by this section shall be 
     distributed to any member of the San Juan Southern Paiute 
     Tribe on a per capita basis.
       (m) Effect.--Nothing in this section entitles the San Juan 
     Southern Paiute Tribe to judicial review of a determination 
     of the Secretary regarding whether to approve a Tribal 
     management plan under paragraph (1) of subsection (e) or an 
     expenditure plan under paragraph (2) of that subsection, 
     except as provided under subchapter II of chapter 5, and 
     chapter 7, of title 5, United States Code (commonly known as 
     the ``Administrative Procedure Act'').

     SEC. 5013. FUNDING.

       (a) Iina ba - Paa Tuwaqat'si Pipeline Implementation Fund 
     Account.--
       (1) Mandatory appropriation.--Out of any funds in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary $1,715,000,000 for 
     deposit in the iina ba - paa tuwaqat'si pipeline 
     Implementation Fund Account, to carry out the planning, 
     engineering, design, environmental compliance, and 
     construction of the iina ba - paa tuwaqat'si pipeline, to 
     remain available until expended, withdrawn, or reverted to 
     the general fund of the Treasury.
       (2) Availability.--
       (A) In general.--Except as provided in subparagraph (B), 
     amounts appropriated to and deposited in the iina ba - paa 
     tuwaqat'si pipeline Implementation Fund Account under 
     paragraph (1) shall not be available for expenditure until 
     such time as the Secretarial findings required by section 
     5016(a) are made and published.
       (B) Exception.--Of the amounts made available under 
     paragraph (1), $25,000,000 shall be made available before the 
     Enforceability Date for the Bureau to carry out environmental 
     compliance and preliminary design of the iina ba - paa 
     tuwaqat'si pipeline, subject to the following:
       (i) The revision of the Settlement Agreement and exhibits 
     to conform to this division.
       (ii) Execution by all of the required settlement parties, 
     including the United States, to the conformed Settlement 
     Agreement and exhibits, including the waivers and releases of 
     claims under section 5014.
       (3) Additional authorization.--In addition to the amounts 
     made available under paragraph (1), there are authorized to 
     be appropriated to the iina ba - paa tuwaqat'si pipeline 
     Implementation Fund Account such sums as are necessary to 
     complete the construction of the iina ba - paa tuwaqat'si 
     pipeline.

[[Page S6174]]

       (b) Navajo Nation Water Settlement Trust Fund, the Hopi 
     Tribe Water Settlement Trust Fund and the San Juan Southern 
     Paiute Settlement Trust Fund.--
       (1) Mandatory appropriation.--Out of any funds in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Secretary $3,285,000,000, for 
     deposit in the Navajo Nation Water Settlement Trust Fund, the 
     Hopi Tribe Water Settlement Trust Fund, and the San Juan 
     Southern Paiute Settlement Trust Fund, in accordance with 
     paragraph (3), to remain available until expended, withdrawn, 
     or reverted to the general fund of the Treasury.
       (2) Availability.--Amounts appropriated to and deposited in 
     the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe 
     Water Settlement Trust Fund, and the San Juan Southern Paiute 
     Water Settlement Trust Fund under paragraph (1) shall not be 
     available for expenditure until such time as the Secretarial 
     findings required by section 5016(a) are made and published.
       (3) Allocation.--The Secretary shall distribute and deposit 
     the amounts made available under paragraph (1) in accordance 
     with the following:
       (A) The navajo nation water settlement trust fund.--The 
     Secretary shall deposit in the Navajo Nation Water Settlement 
     Trust Fund $2,746,700,000, to remain available until 
     expended, withdrawn, or reverted to the general fund of the 
     Treasury and to be allocated to the accounts of the Navajo 
     Nation Water Settlement Trust Fund in accordance with the 
     following:
       (i) The Navajo Nation Water Projects Trust Fund Account, 
     $2,369,200,000.
       (ii) The Navajo Nation OM&R Trust Fund Account, 
     $229,500,000.
       (iii) The Navajo Nation Agricultural Conservation Trust 
     Fund Account, $80,000,000.
       (iv) The Navajo Nation Renewable Energy Trust Fund Account, 
     $40,000,000.
       (v) The Navajo Nation Lower Basin Colorado River Water 
     Acquisition Trust Fund Account, $28,000,000.
       (B) The hopi tribe water settlement trust fund.--The 
     Secretary shall deposit in the Hopi Tribe Water Settlement 
     Trust Fund $508,500,000, to remain available until expended, 
     withdrawn, or reverted to the general fund of the Treasury 
     and to be allocated to the accounts of the Hopi Tribe Water 
     Settlement Trust Fund in accordance with the following:
       (i) The Hopi Tribe Groundwater Projects Trust Fund Account, 
     $390,000,000.
       (ii) The Hopi Tribe OM&R Trust Fund Account, $87,000,000.
       (iii) The Hopi Tribe Agricultural Conservation Trust Fund 
     Account, $30,000,000.
       (iv) The Hopi Tribe Lower Basin Colorado River Water 
     Acquisition Trust Fund Account, $1,500,000.
       (C) The san juan southern paiute water settlement trust 
     fund.--The Secretary shall deposit in the San Juan Southern 
     Paiute Water Settlement Trust Fund $29,800,000, to remain 
     available until expended, withdrawn, or reverted to the 
     general fund of the Treasury and to be allocated to the 
     accounts of the San Juan Southern Paiute Water Settlement 
     Trust Fund in accordance with the following:
       (i) The San Juan Southern Paiute Groundwater Project Trust 
     Fund Account, $28,000,000.
       (ii) The San Juan Southern Paiute OM&R Trust Fund Account, 
     $1,500,000.
       (iii) The San Juan Southern Paiute Agricultural 
     Conservation Trust Fund Account, $300,000.
       (c) Investments.--The Secretary shall invest amounts 
     deposited in the iina ba - paa tuwaqat'si pipeline 
     Implementation Fund Account under subsection (a) and the 
     Navajo Nation Water Settlement Trust Fund, Hopi Tribe Water 
     Settlement Trust Fund, and the San Juan Southern Paiute Water 
     Settlement Trust Fund under subsection (b) in accordance 
     with--
       (1) the Act of April 1, 1880 (25 U.S.C. 161);
       (2) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a); and
       (3) obligations of Federal corporations and Federal 
     Government-sponsored entities, the charter documents of which 
     provide that the obligations of the entities are lawful 
     investments for federally managed funds.
       (d) Credits to Accounts.--
       (1) In general.--The interest on, and the proceeds from, 
     the sale or redemption of, any obligations held in the Navajo 
     Nation Water Settlement Trust Fund, the Hopi Tribe Water 
     Settlement Trust Fund, and the San Juan Southern Paiute Water 
     Settlement Trust Fund shall be credited to and form a part of 
     the applicable Trust Fund.
       (2) Use of trust funds.--Amounts appropriated to and 
     deposited in the Navajo Nation Water Settlement Trust Fund, 
     the Hopi Tribe Water Settlement Trust Fund, and the San Juan 
     Southern Paiute Tribe Water Settlement Trust Fund may be used 
     as described in sections 5010, 5011, and 5012 and paragraph 
     12 of the Settlement Agreement.
       (e) Fluctuation in Costs.--
       (1) Implementation fund account.--The amounts appropriated 
     and authorized to be appropriated under subsection (a) 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 Construction Cost Trends 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 types of construction and current industry standards 
     involved.
       (2) Trust funds.--The amounts appropriated and authorized 
     to be appropriated under subsection (b) 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 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 captured by engineering cost indices as 
     determined by the Secretary, including repricing applicable 
     to the types of construction and current industry standards 
     involved.
       (3) Repetition.--The adjustment process under paragraphs 
     (1) and (2) shall be repeated for each subsequent amount 
     appropriated until the amount appropriated and authorized to 
     be appropriated, as applicable, under subsections (a) and 
     (b), as adjusted, has been appropriated.
       (4) Period of indexing.--
       (A) Implementation fund.--With respect to the iina ba - paa 
     tuwaqat'si pipeline Implementation Fund Account, the period 
     of adjustment under paragraph (1) for any increment of 
     funding shall be annually until the iina ba - paa tuwaqat'si 
     pipeline project is completed.
       (B) Trust funds.--With respect to the Navajo Nation Water 
     Settlement Trust Fund, the Hopi Tribe Water Settlement Trust 
     Fund, and the San Juan Southern Paiute Water Settlement Trust 
     Fund, the period of indexing adjustment under paragraph (2) 
     for any increment of funding shall end on the date on which 
     the funds are deposited into the Trust Funds.

     SEC. 5014. WAIVERS, RELEASES, AND RETENTION OF CLAIMS.

       (a) Waivers, Releases and Retention of Claims for Water 
     Rights, Injury to Water Rights, and Injury to Water by the 
     Navajo Nation, on Behalf of the Navajo Nation and the Members 
     of the Navajo Nation (but Not Members in the Capacity of the 
     Members as Navajo Allottees), and the United States, Acting 
     as Trustee for the Navajo Nation and the Members of the 
     Navajo Nation (but Not Members in the Capacity of the Members 
     as Navajo Allottees) Against the State and Others.--
       (1) In general.--Except as provided in paragraph (3), the 
     Navajo Nation, on behalf of the Navajo Nation and the Members 
     of the Navajo Nation (but not Members in the capacity of the 
     Members as Navajo Allottees), and the United States, acting 
     as trustee for the Navajo Nation and the Members of the 
     Navajo Nation (but not Members in the capacity of the Members 
     as Navajo Allottees), as part of the performance of the 
     respective obligations of the Navajo Nation and the United 
     States under the Settlement Agreement and this division, are 
     authorized to execute a waiver and release of all claims 
     against the State (or any agency or political subdivision of 
     the State), the Hopi Tribe, the Hopi Allottees, the San Juan 
     Southern Paiute Tribe, and any other individual, entity, 
     corporation, or municipal corporation under Federal, State, 
     or other law for all of the following:
       (A) Past, present, and future claims for Water Rights, 
     including rights to Colorado River Water, for Navajo 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 within the State by the Navajo 
     Nation, the predecessors of the Navajo Nation, the Members of 
     the Navajo Nation, or predecessors of the Members of the 
     Navajo Nation.
       (C) Past and present claims for Injury to Water Rights, 
     including injury to rights to Colorado River Water, for 
     Navajo Land, arising from time immemorial through the 
     Enforceability Date.
       (D) Past, present, and future claims for Injury to Water 
     for Navajo Land, arising from time immemorial and, 
     thereafter, forever.
       (E) Past, present, and future claims for Injury to Water 
     Rights, including injury to rights to Colorado River Water, 
     arising from time immemorial and, thereafter, forever, that 
     are based on the aboriginal occupancy of land within the 
     State by the Navajo Nation, the predecessors of the Navajo 
     Nation, the Members of the Navajo Nation, or predecessors of 
     the Members of the Navajo Nation.
       (F) Claims for Injury to Water Rights, including injury to 
     rights to Colorado River Water, arising after the 
     Enforceability Date, for Navajo Land, resulting from the 
     diversion or Use of water outside of Navajo Land in a manner 
     not in violation of the Settlement Agreement or State law.
       (G) Past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Settlement Agreement, any judgment or decree 
     approving or incorporating the Settlement Agreement, or this 
     division.
       (2) Form; effective date.--The waiver and release of claims 
     described in paragraph (1) shall--
       (A) be in the form described in Exhibit 13.1 to the 
     Settlement Agreement; and
       (B) take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1) and Exhibit 13.1 
     to

[[Page S6175]]

     the Settlement Agreement, the Navajo Nation, acting on behalf 
     of the Navajo Nation and the Members of the Navajo Nation 
     (but not Members in the capacity of the Members as Navajo 
     Allottees), and the United States, acting as trustee for the 
     Navajo Nation and the Members of the Navajo Nation (but not 
     Members in the capacity of the Members as Navajo Allottees), 
     shall retain any right--
       (A) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Navajo Nation under the Settlement 
     Agreement, whether those rights are generally stated or 
     specifically described, or this division, in any Federal or 
     State court of competent jurisdiction;
       (B) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Navajo Nation under the LCR Decree and 
     the Gila River Adjudication Decree;
       (C) to assert claims for Water Rights, for land owned or 
     acquired by the Navajo Nation in fee, or held in trust by the 
     United States for the benefit of the Navajo Nation, in the 
     LCR Watershed pursuant to subparagraphs 4.11 and 4.12, of the 
     Settlement Agreement, or in the Gila River Basin pursuant to 
     subparagraphs 4.14 and 4.15 of the Settlement Agreement;
       (D) to object to any claims for Water Rights by or for--
       (i) any Indian Tribe other than the Hopi Tribe, the San 
     Juan Southern Paiute Tribe, and the Zuni Tribe; or
       (ii) the United States acting on behalf of any Indian 
     Tribe, other than the Hopi Tribe, the San Juan Southern 
     Paiute Tribe, and the Zuni Tribe; and
       (E) to assert past, present, or future claims for Injury to 
     Water Rights--
       (i) against any Indian Tribe other than the Hopi Tribe, the 
     San Juan Southern Paiute Tribe, and the Zuni Tribe; or
       (ii) the United States acting on behalf of any Indian 
     Tribe, other than the Hopi Tribe, the San Juan Southern 
     Paiute Tribe, and the Zuni Tribe.
       (b) Waivers, Releases and Retention of Claims for Water 
     Rights, Injury to Water Rights, and Injury to Water by the 
     United States, Acting as Trustee for the Navajo Allottees 
     Against the State and Others.--
       (1) In general.--Except as provided in paragraph (3), the 
     United States, acting as trustee for the Navajo Allottees, as 
     part of the performance of the obligations of the United 
     States under the Settlement Agreement and this division, is 
     authorized to execute a waiver and release of all claims 
     against the State (or any agency or political subdivision of 
     the State), the Navajo Nation, the Hopi Tribe, the Hopi 
     Allottees, and the San Juan Southern Paiute Tribe, and any 
     other individual, entity, corporation, or municipal 
     corporation under Federal, State, or other law, for all of 
     the following:
       (A) Past, present, and future claims for Water Rights, 
     including rights to Colorado River Water, for Navajo 
     Allotments, arising from time immemorial and, thereafter, 
     forever.
       (B) Past, present, and future claims for Water Rights, 
     including rights to Colorado River Water, arising from time 
     immemorial and, thereafter, forever, that are based on the 
     aboriginal occupancy of land within the State by the Navajo 
     Allottees or predecessors of the Navajo Allottees.
       (C) Past and present claims for Injury to Water Rights, 
     including injury to rights to Colorado River Water, for 
     Navajo Allotments, arising from time immemorial through the 
     Enforceability Date.
       (D) Past, present, and future claims for Injury to Water 
     for Navajo Allotments, arising from time immemorial and, 
     thereafter, forever.
       (E) Past, present, and future claims for Injury to Water 
     Rights, including injury to rights to Colorado River Water, 
     arising from time immemorial and, thereafter, forever, that 
     are based on the aboriginal occupancy of land within the 
     State by Navajo Allottees or predecessors of the Navajo 
     Allottees.
       (F) Claims for Injury to Water Rights, including injury to 
     rights to Colorado River Water, arising after the 
     Enforceability Date, for the Navajo Allotments, resulting 
     from the diversion or Use of water outside of Navajo 
     Allotments in a manner not in violation of the Settlement 
     Agreement or State law.
       (G) Past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Settlement Agreement, any judgment or decree 
     approving or incorporating the Settlement Agreement, or this 
     division.
       (2) Form; effective date.--The waiver and release of claims 
     under paragraph (1) shall--
       (A) be in the form described in Exhibit 13.2 to the 
     Settlement Agreement; and
       (B) take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1), the United 
     States, acting as trustee for the Navajo Allottees, shall 
     retain any right--
       (A) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Navajo Allottees under the Settlement 
     Agreement, whether those rights are generally stated or 
     specifically described, or this division, in any Federal or 
     State court of competent jurisdiction;
       (B) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Navajo Allottees under the LCR Decree;
       (C) to object to any claims for Water Rights by or for--
       (i) any Indian Tribe other than the Navajo Nation, the Hopi 
     Tribe, the San Juan Southern Paiute Tribe, and the Zuni 
     Tribe; or
       (ii) the United States acting on behalf of any Indian Tribe 
     other than the Navajo Nation, the Hopi Tribe, the San Juan 
     Southern Paiute Tribe, and the Zuni Tribe; and
       (D) to assert past, present, or future claims for Injury to 
     Water Rights against--
       (i) any Indian Tribe other than the Navajo Nation, the Hopi 
     Tribe, the San Juan Southern Paiute Tribe, and the Zuni 
     Tribe; or
       (ii) the United States acting on behalf of any Indian Tribe 
     other than the Navajo Nation, the Hopi Tribe, the San Juan 
     Southern Paiute Tribe, and the Zuni Tribe.
       (c) Waivers, Releases and Retention of Claims for Water 
     Rights, Injury to Water Rights, and Injury to Water by the 
     Navajo Nation, on Behalf of the Navajo Nation and the Members 
     of the Navajo Nation (but Not Members in the Capacity of the 
     Members as Navajo Allottees), Against the United States.--
       (1) In general.--Except as provided in paragraph (3), the 
     Navajo Nation, acting on behalf of the Navajo Nation and the 
     Members of the Navajo Nation (but not Members in the capacity 
     of the Members as Navajo Allottees), as part of the 
     performance of the obligations of the Navajo Nation under the 
     Settlement Agreement and this division, is authorized to 
     execute a waiver and release of all claims against the United 
     States, including agencies, officials, and employees of the 
     United States, under Federal, State, or other law for all of 
     the following:
       (A) Past, present, and future claims for Water Rights, 
     including rights to Colorado River Water, for Navajo 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 within the State by the Navajo 
     Nation, the predecessors of the Navajo Nation, the Members of 
     the Navajo Nation, or predecessors of the Members of the 
     Navajo Nation.
       (C) Claims for Water Rights within the State that the 
     United States, acting as trustee for the Navajo Nation and 
     Navajo Allottees, asserted or could have asserted in any 
     proceeding, except to the extent that such rights are 
     recognized as part of the Navajo Nation's Water Rights under 
     this division.
       (D) Past and present claims for Injury to Water Rights, 
     including injury to rights to Colorado River Water, for 
     Navajo Land, arising from time immemorial through the 
     Enforceability Date.
       (E) Past, present, and future claims for Injury to Water 
     for Navajo Land, arising from time immemorial and, 
     thereafter, forever.
       (F) Past, present, and future claims for Injury to Water 
     Rights, including injury to rights to Colorado River Water, 
     arising from time immemorial and, thereafter, forever, that 
     are based on the aboriginal occupancy of land within the 
     State by the Navajo Nation, the predecessors of the Navajo 
     Nation, the Members of the Navajo Nation, or predecessors of 
     the Members of the Navajo Nation.
       (G) Claims for Injury to Water Rights, including injury to 
     rights to Colorado River Water, arising after the 
     Enforceability Date for Navajo Land, resulting from the 
     diversion or Use of water outside of Navajo Land in a manner 
     not in violation of the Settlement Agreement or State law.
       (H) Past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Settlement Agreement, any judgment or decree 
     approving or incorporating the Settlement Agreement, or this 
     division.
       (I) Past, present, and future claims arising out of, or 
     relating in any manner to, United States Geological Survey 
     monitoring and reporting activities described in paragraph 
     7.0 of the Settlement Agreement.
       (J) Past, present, and future claims arising from time 
     immemorial and, thereafter, forever, relating in any manner 
     to Injury to Water or Injury to Water Rights based on the 
     provisions of paragraphs 8.0 and 9.0 of the Settlement 
     Agreement.
       (K) Past and present claims for foregone benefits from non-
     Navajo Use of water, on and off Navajo Land (including water 
     from all sources and for all Uses), within the State arising 
     before the Enforceability Date.
       (L) Past and present claims for damage, loss, or injury to 
     land or natural 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 of, or taking of water, or claims relating to a 
     failure to protect, acquire, replace, or develop water, Water 
     Rights, or water infrastructure, within the State, arising 
     before the Enforceability Date.
       (M) Past and present claims arising before the 
     Enforceability Date from a failure to provide for operation, 
     maintenance, or deferred maintenance for any irrigation 
     system or irrigation project on Navajo Land.
       (N) Past and present claims arising before the 
     Enforceability Date from a failure to establish or provide a 
     municipal, rural, or industrial water delivery system on 
     Navajo Land.
       (O) Past and present claims for damage, loss, or injury to 
     land or natural resources due to construction, operation, and 
     management of irrigation projects on Navajo Land, including 
     damages, losses, or injuries to fish habitat, wildlife, and 
     wildlife habitat, within the State arising before the 
     Enforceability Date.

[[Page S6176]]

       (P) Past and present claims arising before the 
     Enforceability Date from a failure to provide a dam safety 
     improvement to a dam on Navajo Land within the State.
       (2) Form; effective date.--The waiver and release of claims 
     described in paragraph (1) shall--
       (A) be in the form described in Exhibit 13.3 to the 
     Settlement Agreement; and
       (B) take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1) and Exhibit 13.3 
     to the Settlement Agreement, the Navajo Nation and the 
     Members of the Navajo Nation (but not Members in the capacity 
     of the Members as Allottees) shall retain any right--
       (A) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Navajo Nation under the Settlement 
     Agreement, whether those rights are generally stated or 
     specifically described, or this division, in any Federal or 
     State court of competent jurisdiction;
       (B) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Navajo Nation under the LCR Decree and 
     the Gila River Adjudication Decree;
       (C) to assert claims for Water Rights for land owned or 
     acquired by the Navajo Nation in fee in the LCR Watershed 
     pursuant to subparagraphs 4.11 and 4.12 of the Settlement 
     Agreement, or in the Gila River Basin pursuant to 
     subparagraphs 4.14 and 4.15 of the Settlement Agreement;
       (D) to object to any claims for Water Rights by or for--
       (i) any Indian Tribe other than the Hopi Tribe, the San 
     Juan Southern Paiute Tribe, and the Zuni Tribe; or
       (ii) the United States acting on behalf of any Indian Tribe 
     other than the Hopi Tribe, the San Juan Southern Paiute 
     Tribe, and the Zuni Tribe; and
       (E) to assert past, present, or future claims for Injury to 
     Water Rights against--
       (i) any Indian Tribe other than the Hopi Tribe, the San 
     Juan Southern Paiute Tribe, and the Zuni Tribe; or
       (ii) the United States acting on behalf of any Indian Tribe 
     other than the Hopi Tribe, the San Juan Southern Paiute 
     Tribe, and the Zuni Tribe.
       (d) Waivers, Releases and Retention of Claims by the United 
     States in All Capacities (except as Trustee for an Indian 
     Tribe Other Than the Navajo Nation, the Hopi Tribe, and the 
     San Juan Southern Paiute Tribe) Against the Navajo Nation and 
     the Members of the Navajo Nation.--
       (1) In general.--Except as provided in paragraph (3), the 
     United States, in all capacities (except as trustee for an 
     Indian Tribe other than the Navajo Nation, the Hopi Tribe, 
     and the San Juan Southern Paiute Tribe), as part of the 
     performance of the obligations of the United States under the 
     Settlement Agreement and this division, is authorized to 
     execute a waiver and release of all claims against the Navajo 
     Nation, the Members of the Navajo Nation, or any agency, 
     official, or employee of the Navajo Nation, under Federal, 
     State, or any other law for all of the following:
       (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 Navajo 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 Navajo Land in a manner that is not in violation of 
     this Agreement or State law.
       (C) Past, present, and future claims arising out of, or 
     related in any manner to, the negotiation, execution, or 
     adoption of the Settlement Agreement, any judgment or decree 
     approving or incorporating the Settlement Agreement, or this 
     division.
       (2) Form; effective date.--The waiver and release of claims 
     under paragraph (1) shall--
       (A) be in the form described in Exhibit 13.4 to the 
     Settlement Agreement; and
       (B) take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1) and Exhibit 13.4 
     to the Settlement Agreement, the United States shall retain 
     any right to assert any claim not expressly waived in 
     accordance with that paragraph and that Exhibit, in any 
     Federal or State court of competent jurisdiction.
       (e) Waivers, Releases and Retention of Claims for Water 
     Rights, Injury to Water Rights, and Injury to Water by the 
     Hopi Tribe, on Behalf of the Hopi Tribe and the Members of 
     the Hopi Tribe (but Not Members in the Capacity of the 
     Members as Hopi Allottees), and the United States, Acting as 
     Trustee for the Hopi Tribe and the Members of the Hopi Tribe 
     (but Not Members in the Capacity of the Members as Hopi 
     Allottees) Against the State and Others.--
       (1) In general.--Except as provided in paragraph (3), the 
     Hopi Tribe, on behalf of the Hopi Tribe and the Members of 
     the Hopi Tribe (but not Members in the capacity of the 
     Members as Hopi Allottees), and the United States, acting as 
     trustee for the Hopi Tribe and the Members of the Hopi Tribe 
     (but not Members in the capacity of the Members as Hopi 
     Allottees), as part of the performance of the respective 
     obligations of the Hopi Tribe and the United States under the 
     Settlement Agreement and this division, are authorized to 
     execute a waiver and release of all claims against the State 
     (or any agency or political subdivision of the State), the 
     Navajo Nation, the Navajo Allottees, the San Juan Southern 
     Paiute Tribe, and any other individual, entity, corporation, 
     or municipal corporation under Federal, State, or other law 
     for all of the following:
       (A) Past, present, and future claims for Water Rights, 
     including rights to Colorado River Water, for Hopi 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 within the State by the Hopi 
     Tribe, the predecessors of the Hopi Tribe, the Members of the 
     Hopi Tribe, or predecessors of the Members of the Hopi Tribe.
       (C) Past and present claims for Injury to Water Rights, 
     including injury to rights to Colorado River Water, for Hopi 
     Land, arising from time immemorial through the Enforceability 
     Date.
       (D) Past, present, and future claims for Injury to Water 
     for Hopi Land, arising from time immemorial and, thereafter, 
     forever.
       (E) Past, present, and future claims for Injury to Water 
     Rights, including injury to rights to Colorado River Water, 
     arising from time immemorial and, thereafter, forever, that 
     are based on the aboriginal occupancy of land within the 
     State by the Hopi Tribe, the predecessors of the Hopi Tribe, 
     the Members of the Hopi Tribe, or predecessors of the Members 
     of the Hopi Tribe.
       (F) Claims for Injury to Water Rights, including injury to 
     rights to Colorado River Water, arising after the 
     Enforceability Date, for Hopi Land, resulting from the 
     diversion or Use of water outside of Hopi Land in a manner 
     not in violation of the Settlement Agreement or State law.
       (G) Past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Settlement Agreement, any judgment or decree 
     approving or incorporating the Settlement Agreement, or this 
     division.
       (2) Form; effective date.--The waiver and release of claims 
     described in paragraph (1) shall--
       (A) be in the form described in Exhibit 13.6 to the 
     Settlement Agreement; and
       (B) take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1) and Exhibit 13.6 
     to the Settlement Agreement, the Hopi Tribe, acting on behalf 
     of the Hopi Tribe and the Members of the Hopi Tribe (but not 
     Members in the capacity of the Members as Hopi Allottees), 
     and the United States, acting as trustee for the Hopi Tribe 
     and the Members of the Hopi Tribe (but not Members in the 
     capacity of the Members as Hopi Allottees), shall retain any 
     right--
       (A) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hopi Tribe under the Settlement 
     Agreement, whether those rights are generally stated or 
     specifically described, or this division, in any Federal or 
     State court of competent jurisdiction;
       (B) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hopi Tribe under the LCR Decree;
       (C) to assert claims for Water Rights for land owned or 
     acquired by the Hopi Tribe in fee, or held in trust by the 
     United States for the benefit of the Hopi Tribe, in the LCR 
     Watershed pursuant to subparagraphs 5.10 and 5.11 of the 
     Settlement Agreement;
       (D) to object to any claims for Water Rights by or for--
       (i) any Indian Tribe other than the Navajo Nation, the San 
     Juan Southern Paiute Tribe, and the Zuni Tribe; or
       (ii) the United States acting on behalf of any Indian 
     Tribe, other than the Navajo Nation, the San Juan Southern 
     Paiute Tribe, and the Zuni Tribe; and
       (E) to assert past, present, or future claims for Injury to 
     Water Rights against--
       (i) any Indian Tribe other than the Navajo Nation, the San 
     Juan Southern Paiute Tribe, and the Zuni Tribe; or
       (ii) the United States acting on behalf of any Indian 
     Tribe, other than the Navajo Nation, the San Juan Southern 
     Paiute Tribe, and the Zuni Tribe.
       (f) Waivers, Releases and Retention of Claims for Water 
     Rights, Injury to Water Rights, and Injury to Water by the 
     United States, Acting as Trustee for the Hopi Allottees 
     Against the State and Others.--
       (1) In general.--Except as provided in paragraph (3), the 
     United States, acting as trustee for the Hopi Allottees, as 
     part of the performance of the obligations of the United 
     States under the Settlement Agreement and this division, is 
     authorized to execute a waiver and release of all claims 
     against the State (or any agency or political subdivision of 
     the State), the Hopi Tribe, the Navajo Nation, the Navajo 
     Allottees, and the San Juan Southern Paiute Tribe, and any 
     other individual, entity, corporation, or municipal 
     corporation under Federal, State, or other law, for all of 
     the following:
       (A) Past, present, and future claims for Water Rights, 
     including rights to Colorado River Water, for Hopi 
     Allotments, arising from time immemorial, and, thereafter, 
     forever.
       (B) Past, present, and future claims for Water Rights, 
     including rights to Colorado River Water, arising from time 
     immemorial

[[Page S6177]]

     and, thereafter, forever, that are based on the aboriginal 
     occupancy of land within the State by the Hopi Allottees or 
     predecessors of the Hopi Allottees.
       (C) Past and present claims for Injury to Water Rights, 
     including injury to rights to Colorado River Water, for Hopi 
     Allotments, arising from time immemorial through the 
     Enforceability Date.
       (D) Past, present, and future claims for Injury to Water 
     for Hopi Allotments, arising from time immemorial and, 
     thereafter, forever.
       (E) Past, present, and future claims for Injury to Water 
     Rights, including injury to rights to Colorado River Water, 
     arising from time immemorial and, thereafter, forever, that 
     are based on the aboriginal occupancy of land within the 
     State by Hopi Allottees or predecessors of the Hopi 
     Allottees.
       (F) Claims for Injury to Water Rights, including injury to 
     rights to Colorado River Water, arising after the 
     Enforceability Date, for the Hopi Allotments, resulting from 
     the diversion or Use of water outside of the Hopi Allotments 
     in a manner not in violation of the Settlement Agreement or 
     State law.
       (G) Past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Settlement Agreement, any judgment or decree 
     approving or incorporating the Settlement Agreement, or this 
     division.
       (2) Form; effective date.--The waiver and release of claims 
     under paragraph (1) shall--
       (A) be in the form described in Exhibit 13.7 of the 
     Settlement Agreement; and
       (B) take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1) and Exhibit 13.7 
     of the Settlement Agreement, the United States acting as 
     trustee for the Hopi Allottees, shall retain any right--
       (A) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hopi Allottees under the Settlement 
     Agreement, whether those rights are generally stated or 
     specifically described, or this division, in any Federal or 
     State court of competent jurisdiction;
       (B) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hopi Allottees under the LCR Decree;
       (C) to object to any claims for Water Rights by or for--
       (i) any Indian Tribe other than the Hopi Tribe, the Navajo 
     Nation, the San Juan Southern Paiute Tribe, and the Zuni 
     Tribe; or
       (ii) the United States acting on behalf of any Indian Tribe 
     other than the Hopi Tribe, the Navajo Nation, the San Juan 
     Southern Paiute Tribe, and the Zuni Tribe; and
       (D) to assert past, present, or future claims for Injury to 
     Water Rights against--
       (i) any Indian Tribe other than the Hopi Tribe, the Navajo 
     Nation, the San Juan Southern Paiute Tribe, and the Zuni 
     Tribe; or
       (ii) the United States acting on behalf of any Indian Tribe 
     other than the Hopi Tribe, the Navajo Nation, the San Juan 
     Southern Paiute Tribe, and the Zuni Tribe.
       (g) Waivers, Releases and Retention of Claims for Water 
     Rights, Injury to Water Rights, and Injury to Water by the 
     Hopi Tribe, on Behalf of the Hopi Tribe and the Members of 
     the Hopi Tribe (but Not Members in the Capacity of the 
     Members as Hopi Allottees), Against the United States.--
       (1) In general.--Except as provided in paragraph (3), the 
     Hopi Tribe, acting on behalf of the Hopi Tribe and the 
     Members of the Hopi Tribe (but not Members in the capacity of 
     the Members as Hopi Allottees), as part of the performance of 
     the obligations of the Hopi Tribe under the Settlement 
     Agreement and this division, is authorized to execute a 
     waiver and release of all claims against the United States, 
     including agencies, officials, and employees of the United 
     States, under Federal, State, or other law for all of the 
     following:
       (A) Past, present, and future claims for Water Rights, 
     including rights to Colorado River Water, for Hopi 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 within the State by the Hopi 
     Tribe, the predecessors of the Hopi Tribe, the Members of the 
     Hopi Tribe, or predecessors of the Members of the Hopi Tribe.
       (C) Claims for Water Rights within the State that the 
     United States, acting a trustee for the Hopi Tribe and Hopi 
     Allottees, asserted or could have asserted in any proceeding, 
     except to the extent that such rights are recognized as part 
     of the Hopi Tribe's Water Rights under this division.
       (D) Past and present claims for Injury to Water Rights, 
     including injury to rights to Colorado River Water, for Hopi 
     Land, arising from time immemorial through the Enforceability 
     Date.
       (E) Past, present, and future claims for Injury to Water 
     for Hopi Land, arising from time immemorial and, thereafter, 
     forever.
       (F) Past, present, and future claims for Injury to Water 
     Rights, including injury to rights to Colorado River Water, 
     arising from time immemorial and, thereafter, forever, that 
     are based on the aboriginal occupancy of land within the 
     State by the Hopi Tribe, the predecessors of the Hopi Tribe, 
     the Members of the Hopi Tribe, or predecessors of the Members 
     of the Hopi Tribe.
       (G) Claims for Injury to Water Rights, including injury to 
     rights to Colorado River Water, arising after the 
     Enforceability Date for Hopi Land, resulting from the 
     diversion or Use of water outside of Hopi Land in a manner 
     not in violation of the Settlement Agreement or State law.
       (H) Past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Settlement Agreement, any judgment or decree 
     approving or incorporating the Settlement Agreement, or this 
     division.
       (I) Past, present, and future claims arising out of, or 
     relating in any manner to, United States Geological Survey 
     monitoring and reporting activities described in paragraph 
     7.0 of the Settlement Agreement.
       (J) Past, present, and future claims arising from time 
     immemorial and, thereafter, forever, relating in any manner 
     to Injury to Water or Injury to Water Rights based on the 
     provisions of paragraphs 8.0 and 9.0 of the Settlement 
     Agreement.
       (K) Past and present claims for foregone benefits from non-
     Hopi Use of water, on and off Hopi Land (including water from 
     all sources and for all Uses), within the State arising 
     before the Enforceability Date.
       (L) Past and present claims for damage, loss, or injury to 
     land, or natural 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 of, or taking of water, or claims relating to a 
     failure to protect, acquire, replace, or develop water, Water 
     Rights, or water infrastructure, within the State, arising 
     before the Enforceability Date.
       (M) Past and present claims arising before the 
     Enforceability Date from a failure to provide for operation, 
     maintenance, or deferred maintenance for any irrigation 
     system or irrigation project on Hopi Land.
       (N) Past and present claims arising before the 
     Enforceability Date from a failure to establish or provide a 
     municipal, rural, or industrial water delivery system on Hopi 
     Land.
       (O) Past and present claims for damage, loss, or injury to 
     land or natural resources due to construction, operation, and 
     management of irrigation projects on Hopi Land, including 
     damages, losses, or injuries to fish habitat, wildlife, and 
     wildlife habitat, within the State arising before the 
     Enforceability Date.
       (2) Form; effective date.--The waiver and release of claims 
     described in paragraph (1) shall--
       (A) be in the form described in Exhibit 13.8 to the 
     Settlement Agreement; and
       (B) take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1) and Exhibit 13.8 
     to the Settlement Agreement, the Hopi Tribe and the Members 
     of the Hopi Tribe (but not Members in the capacity of the 
     Members as Hopi Allottees) shall retain any right--
       (A) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hopi Tribe under the Settlement 
     Agreement, whether those rights are generally stated or 
     specifically described, or this division, in any Federal or 
     State court of competent jurisdiction;
       (B) to assert claims for injuries to, and seek enforcement 
     of, the rights of the Hopi Tribe under the LCR Decree;
       (C) to assert claims for Water Rights for land owned or 
     acquired by the Hopi Tribe in fee in the LCR Watershed 
     pursuant to subparagraphs 5.10 and 5.11 of the Settlement 
     Agreement;
       (D) to object to any claims for Water Rights by or for--
       (i) any Indian Tribe other than the Navajo Nation, the San 
     Juan Southern Paiute Tribe, and the Zuni Tribe; or
       (ii) the United States acting on behalf of any Indian Tribe 
     other than the Navajo Nation, the San Juan Southern Paiute 
     Tribe, and the Zuni Tribe; and
       (E) to assert past, present, or future claims for Injury to 
     Water Rights against--
       (i) any Indian Tribe other than the Navajo Nation, the San 
     Juan Southern Paiute Tribe, and the Zuni Tribe; or
       (ii) the United States acting on behalf of any Indian Tribe 
     other than the Navajo Nation, the San Juan Southern Paiute 
     Tribe, and the Zuni Tribe.
       (h) Waivers, Releases and Retention of Claims by the United 
     States in All Capacities (except as Trustee for an Indian 
     Tribe Other Than the Navajo Nation, the Hopi Tribe, and the 
     San Juan Southern Paiute Tribe) Against the Hopi Tribe and 
     the Members of the Hopi Tribe.--
       (1) In general.--Except as provided in paragraph (3), the 
     United States, in all capacities (except as trustee for an 
     Indian Tribe other than the Navajo Nation, the Hopi Tribe, 
     and the San Juan Southern Paiute Tribe), as part of the 
     performance of the obligations of the United States under the 
     Settlement Agreement and this division, is authorized to 
     execute a waiver and release of all claims against the Hopi 
     Tribe, the Members of the Hopi Tribe, or any agency, 
     official, or employee of the Hopi Tribe, under Federal, 
     State, or any other law for all of the following:
       (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 Hopi Land arising from 
     time immemorial through the Enforceability Date.

[[Page S6178]]

       (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 Hopi Land in a manner that is not in violation of 
     the Settlement Agreement or State law.
       (C) Past, present, and future claims arising out of, or 
     related in any manner to, the negotiation, execution, or 
     adoption of the Settlement Agreement, any judgment or decree 
     approving or incorporating the Settlement Agreement, or this 
     division.
       (2) Form; effective date.--The waiver and release of claims 
     under paragraph (1) shall--
       (A) be in the form described in Exhibit 13.9 to the 
     Settlement Agreement; and
       (B) take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1) and Exhibit 13.9 
     to the Settlement Agreement, the United States shall retain 
     any right to assert any claim not expressly waived in 
     accordance with that paragraph and that Exhibit, in any 
     Federal or State court of competent jurisdiction.
       (i) Waivers, Releases and Retention of Claims for Water 
     Rights, Injury to Water Rights, and Injury to Water by the 
     San Juan Southern Paiute Tribe, on Behalf of the San Juan 
     Southern Paiute Tribe and the Members of the San Juan 
     Southern Paiute Tribe, and the United States, Acting as 
     Trustee for the San Juan Southern Paiute Tribe and the 
     Members of the San Juan Southern Paiute Tribe Against the 
     State and Others.--
       (1) In general.--Except as provided in paragraph (3), the 
     San Juan Southern Paiute Tribe, on behalf of the San Juan 
     Southern Paiute Tribe and the Members of the San Juan 
     Southern Paiute Tribe, and the United States, acting as 
     trustee for the San Juan Southern Paiute Tribe and the 
     Members of the San Juan Southern Paiute Tribe, as part of the 
     performance of the respective obligations of the San Juan 
     Southern Paiute Tribe and the United States under the 
     Settlement Agreement and this division, is authorized to 
     execute a waiver and release of all claims against the State 
     (or any agency or political subdivision of the State), the 
     Hopi Tribe, the Hopi Allottees, the Navajo Nation, the Navajo 
     Allottees, and any other individual, entity, corporation, or 
     municipal corporation under Federal, State, or other law for 
     all of the following:
       (A) Past, present, and future claims for Water Rights, 
     including rights to Colorado River Water, for San Juan 
     Southern Paiute 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 within the State by the San Juan 
     Southern Paiute Tribe, the predecessors of the San Juan 
     Southern Paiute Tribe, the Members of the San Juan Southern 
     Paiute Tribe, or predecessors of the Members of the San Juan 
     Southern Paiute Tribe.
       (C) Past and present claims for Injury to Water Rights, 
     including injury to rights to Colorado River Water, for San 
     Juan Southern Paiute Land, arising from time immemorial 
     through the Enforceability Date.
       (D) Past, present, and future claims for Injury to Water 
     for San Juan Southern Paiute Land, arising from time 
     immemorial and, thereafter, forever.
       (E) Past, present, and future claims for Injury to Water 
     Rights, including injury to rights to Colorado River Water, 
     arising from time immemorial and, thereafter, forever, that 
     are based on the aboriginal occupancy of land within the 
     State by the San Juan Southern Paiute Tribe, the predecessors 
     of the San Juan Southern Paiute Tribe, the Members of the San 
     Juan Southern Paiute Tribe, or predecessors of the Members of 
     the San Juan Southern Paiute Tribe.
       (F) Claims for Injury to Water Rights, including injury to 
     rights to Colorado River Water, arising after the 
     Enforceability Date, for San Juan Southern Paiute Land, 
     resulting from the diversion or Use of water outside of San 
     Juan Southern Paiute Land in a manner not in violation of the 
     Settlement Agreement or State law.
       (G) Past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of the Settlement Agreement, any judgment or decree 
     approving or incorporating the Settlement Agreement, or this 
     division.
       (2) Form; effective date.--The waiver and release of claims 
     described in paragraph (1) shall--
       (A) be in the form described in Exhibit 13.11 to the 
     Settlement Agreement; and
       (B) take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1) and Exhibit 
     13.11 to the Settlement Agreement, the San Juan Southern 
     Paiute Tribe, acting on behalf of the San Juan Southern 
     Paiute Tribe and the Members of the San Juan Southern Paiute 
     Tribe, and the United States, acting as trustee for the San 
     Juan Southern Paiute Tribe and the Members of the San Juan 
     Southern Paiute Tribe, shall retain any right--
       (A) to assert claims for injuries to, and seek enforcement 
     of, the rights of the San Juan Southern Paiute Tribe under 
     the Settlement Agreement, whether those rights are generally 
     stated or specifically described, or this division, in any 
     Federal or State court of competent jurisdiction;
       (B) to assert claims for injuries to, and seek enforcement 
     of, the rights of the San Juan Southern Paiute Tribe under 
     the LCR Decree;
       (C) to assert claims for Water Rights for land owned or 
     acquired by the San Juan Southern Paiute Tribe in fee or held 
     in trust by the United States for the benefit of the San Juan 
     Southern Paiute Tribe in the LCR Watershed pursuant to 
     subparagraphs 6.4 and 6.5 of the Settlement Agreement;
       (D) to object to any claims for Water Rights by or for--
       (i) any Indian Tribe other than the Hopi Tribe, the Navajo 
     Nation, and the Zuni Tribe; or
       (ii) the United States acting on behalf of any Indian 
     Tribe, other than the Hopi Tribe, the Navajo Nation, and the 
     Zuni Tribe; and
       (E) to assert past, present, or future claims for Injury to 
     Water Rights against--
       (i) any Indian Tribe other than the Hopi Tribe, the Navajo 
     Nation, and the Zuni Tribe; or
       (ii) the United States acting on behalf of any Indian 
     Tribe, other than the Hopi Tribe, the Navajo Nation, and the 
     Zuni Tribe.
       (j) Waivers, Releases and Retention of Claims for Water 
     Rights, Injury to Water Rights, and Injury to Water by the 
     San Juan Southern Paiute Tribe, on Behalf of the San Juan 
     Southern Paiute Tribe and the Members of the San Juan 
     Southern Paiute Tribe, Against the United States.--
       (1) In general.--Except as provided in paragraph (3), the 
     San Juan Southern Paiute Tribe, acting on behalf of the San 
     Juan Southern Paiute Tribe and the Members of the San Juan 
     Southern Paiute Tribe, as part of the performance of the 
     obligations of the San Juan Southern Paiute Tribe under the 
     Settlement Agreement and this division, is authorized to 
     execute a waiver and release of all claims against the United 
     States, including agencies, officials, and employees of the 
     United States, under Federal, State, or other law for all of 
     the following:
       (A) Past, present, and future claims for Water Rights, 
     including rights to Colorado River Water, for San Juan 
     Southern Paiute 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 within the State by the San Juan 
     Southern Paiute Tribe, the predecessors of the San Juan 
     Southern Paiute Tribe, the Members of the San Juan Southern 
     Paiute Tribe, or predecessors of the Members of the San Juan 
     Southern Paiute Tribe.
       (C) Claims for Water Rights within the State that the 
     United States, acting as trustee for the San Juan Southern 
     Paiute Tribe, asserted or could have asserted in any 
     proceeding, except to the extent that such rights are 
     recognized as part of the San Juan Southern Paiute Tribe's 
     Water Rights under this division.
       (D) Past and present claims for Injury to Water Rights, 
     including injury to rights to Colorado River Water, for San 
     Juan Southern Paiute Land, arising from time immemorial 
     through the Enforceability Date.
       (E) Past, present, and future claims for Injury to Water 
     for San Juan Southern Paiute Land, arising from time 
     immemorial and, thereafter, forever.
       (F) Past, present, and future claims for Injury to Water 
     Rights, including injury to rights to Colorado River Water, 
     arising from time immemorial and, thereafter, forever, that 
     are based on the aboriginal occupancy of land within the 
     State by the San Juan Southern Paiute Tribe, the predecessors 
     of the San Juan Southern Paiute Tribe, the Members of the San 
     Juan Southern Paiute Tribe, or predecessors of the Members of 
     the San Juan Southern Paiute Tribe.
       (G) Claims for Injury to Water Rights, including injury to 
     rights to Colorado River Water, arising after the 
     Enforceability Date for San Juan Southern Paiute Land, 
     resulting from the diversion or Use of water outside of San 
     Juan Southern Paiute Land in a manner not in violation of 
     this Agreement or State law.
       (H) Past, present, and future claims arising out of, or 
     relating in any manner to, the negotiation, execution, or 
     adoption of this Agreement, any judgment or decree approving 
     or incorporating this Agreement, or this division.
       (I) Past, present, and future claims arising out of, or 
     relating in any manner to, United States Geological Survey 
     monitoring and reporting activities described in paragraph 
     7.0 of the Settlement Agreement.
       (J) Past, present, and future claims arising from time 
     immemorial and, thereafter, forever, relating in any manner 
     to Injury to Water or Injury to Water Rights based on the 
     provisions of paragraphs 8.0 and 9.0 of the Settlement 
     Agreement.
       (K) Past and present claims for foregone benefits from non-
     San Juan Southern Paiute Tribe Use of water, on and off San 
     Juan Southern Paiute Land (including water from all sources 
     and for all Uses), within the State arising before the 
     Enforceability Date.
       (L) Past and present claims for damage, loss, or injury to 
     land, or natural 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 of, or taking of water, or claims relating to a 
     failure to protect, acquire, replace, or develop

[[Page S6179]]

     water, Water Rights, or water infrastructure, within the 
     State, arising before the Enforceability Date.
       (M) Past and present claims arising before the 
     Enforceability Date from a failure to provide for operation, 
     maintenance, or deferred maintenance for any irrigation 
     system or irrigation project on San Juan Southern Paiute 
     Land.
       (N) Past and present claims arising before the 
     Enforceability Date from a failure to establish or provide a 
     municipal, rural, or industrial water delivery system on San 
     Juan Southern Paiute Land.
       (O) Past and present claims for damage, loss, or injury to 
     land or natural resources due to construction, operation, and 
     management of irrigation projects on San Juan Southern Paiute 
     Land, including damages, losses, or injuries to fish habitat, 
     wildlife, and wildlife habitat, within the State arising 
     before the Enforceability Date.
       (2) Form; effective date.--The waiver and release of claims 
     described in paragraph (1) shall be--
       (A) in the form described in Exhibit 13.12 to the 
     Settlement Agreement; and
       (B) take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1) and Exhibit 
     13.12 to the Settlement Agreement, the San Juan Southern 
     Paiute Tribe, acting on behalf of the San Juan Southern 
     Paiute Tribe and the Members of the San Juan Southern Paiute 
     Tribe shall retain any right--
       (A) to assert claims for injuries to, and seek enforcement 
     of, the rights of the San Juan Southern Paiute Tribe under 
     the Settlement Agreement, whether those rights are generally 
     stated or specifically described, or this division, in any 
     Federal or State court of competent jurisdiction;
       (B) to assert claims for injuries to, and seek enforcement 
     of, the rights of the San Juan Southern Paiute Tribe under 
     the LCR Decree;
       (C) to assert claims for Water Rights for land owned or 
     acquired by the San Juan Southern Paiute Tribe in fee in the 
     LCR Watershed pursuant to subparagraphs 6.4 and 6.5 of the 
     Settlement Agreement;
       (D) to object to any claims for Water Rights by or for--
       (i) any Indian Tribe other than the Hopi Tribe, the Navajo 
     Nation, and the Zuni Tribe; or
       (ii) the United States acting on behalf of any Indian 
     Tribe, other than the Hopi Tribe, the Navajo Nation, and the 
     Zuni Tribe; and
       (E) to assert past, present, or future claims for Injury to 
     Water Rights against--
       (i) any Indian Tribe other than the Hopi Tribe, the Navajo 
     Nation, and the Zuni Tribe; or
       (ii) the United States acting on behalf of any Indian 
     Tribe, other than the Hopi Tribe, the Navajo Nation, and the 
     Zuni Tribe.
       (k) Waivers, Releases and Retention of Claims by the United 
     States in All Capacities (except as Trustee for an Indian 
     Tribe Other Than the Navajo Nation, the Hopi Tribe, and the 
     San Juan Southern Paiute Tribe) Against the San Juan Southern 
     Paiute Tribe and the Members of the San Juan Southern Paiute 
     Tribe.--
       (1) In general.--Except as provided in paragraph (3), the 
     United States, in all capacities (except as trustee for an 
     Indian Tribe other than the Navajo Nation, the Hopi Tribe, 
     and the San Juan Southern Paiute Tribe), as part of the 
     performance of the obligations of the United States under the 
     Settlement Agreement and this division, is authorized to 
     execute a waiver and release of all claims against the San 
     Juan Southern Paiute Tribe, the Members of the San Juan 
     Southern Paiute Tribe, or any agency, official, or employee 
     of the San Juan Southern Paiute Tribe, under Federal, State, 
     or any other law for all:
       (A) Past and present claims for Injury to Water Rights, 
     including injury to rights to Colorado River Water, resulting 
     from the diversion or Use of water on San Juan Southern 
     Paiute 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 San Juan Southern Paiute Land in a manner that is 
     not in violation of the Settlement Agreement or State law.
       (C) Past, present, and future claims arising out of, or 
     related in any manner to, the negotiation, execution, or 
     adoption of the Settlement Agreement, any judgment or decree 
     approving or incorporating the Settlement Agreement, or this 
     division.
       (2) Form; effective date.--The waiver and release of claims 
     under paragraph (1) shall--
       (A) be in the form described in Exhibit 13.13 to the 
     Settlement Agreement; and
       (B) take effect on the Enforceability Date.
       (3) Retention of claims.--Notwithstanding the waiver and 
     release of claims described in paragraph (1) and Exhibit 
     13.13 to the Settlement Agreement, the United States shall 
     retain any right to assert any claim not expressly waived in 
     accordance with that paragraph and that Exhibit, in any 
     Federal or State court of competent jurisdiction.

     SEC. 5015. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.

       (a) Navajo Nation and the Members of the Navajo Nation; 
     Navajo Allottees and the United States, Acting as Trustee for 
     the Navajo Allottees.--
       (1) Navajo nation and the members of the navajo nation.--
       (A) In general.--The benefits provided under the Settlement 
     Agreement shall be in complete replacement of, complete 
     substitution for, and full satisfaction of any claim of the 
     Navajo Nation and the Members of the Navajo Nation against 
     the Parties, including the United States, that is waived and 
     released by the Navajo Nation acting on behalf of the Navajo 
     Nation and the Members of the Navajo Nation under Exhibits 
     13.1 and 13.3 to the Settlement Agreement.
       (B) Satisfaction of water rights.--Any entitlement to water 
     of the Navajo Nation and the Members of the Navajo Nation 
     (but not Members in the capacity of the Members as Navajo 
     Allottees) or the United States acting as trustee for the 
     Navajo Nation and the Members of the Navajo Nation (but not 
     Members in the capacity of the Members as Navajo Allottees), 
     for Navajo Land shall be satisfied out of the water resources 
     and other benefits granted, confirmed, quantified, or 
     recognized by the Settlement Agreement and this division, to 
     or for the Navajo Nation, the Members of the Navajo Nation 
     (but not Members in the capacity of the Members as Navajo 
     Allottees), and the United States, acting as trustee for the 
     Navajo Nation and the Members of the Navajo Nation (but not 
     Members in the capacity of the Members as Navajo Allottees).
       (2) Navajo allottees and the united states, acting as 
     trustee for the navajo allottees.--
       (A) In general.--The benefits realized by the Navajo 
     Allottees under the Settlement Agreement and this division 
     shall be in complete replacement of, complete substitution 
     for, and full satisfaction of--
       (i) all claims waived and released by the United States 
     (acting as trustee for the Navajo Allottees) under Exhibit 
     13.2 to the Settlement Agreement; and
       (ii) any claims of the Navajo Allottees against the United 
     States similar to the claims described in Exhibit 13.2 to the 
     Settlement Agreement that the Navajo Allottees asserted or 
     could have asserted.
       (B) Satisfaction of water rights.--Any entitlement to water 
     of the Navajo Allottees or the United States acting as 
     trustee for the Navajo Allottees, for Navajo Allotments shall 
     be satisfied out of the water resources and other benefits 
     granted, confirmed, or recognized by the Settlement Agreement 
     and this division, to or for the Navajo Allottees and the 
     United States, acting as trustee for the Navajo Allottees.
       (3) No right established.--Notwithstanding paragraphs (1) 
     and (2), nothing in the Settlement Agreement or this division 
     recognizes or establishes any right of a Member of the Navajo 
     Nation (but not Members in the capacity of the Members as 
     Navajo Allottees) to water on Navajo Land.
       (b) Hopi Tribe and the Members of the Hopi Tribe; Hopi 
     Allottees and the United States, Acting as Trustee for the 
     Hopi Allottees.--
       (1) Hopi tribe and the members of the hopi tribe.--
       (A) In general.--The benefits provided under the Settlement 
     Agreement shall be in complete replacement of, complete 
     substitution for, and full satisfaction of any claim of the 
     Hopi Tribe and the Members of the Hopi Tribe against the 
     Parties, including the United States, that is waived and 
     released by the Hopi Tribe acting on behalf of the Hopi Tribe 
     and the Members of the Hopi Tribe under Exhibits 13.6 and 
     13.8 to the Settlement Agreement.
       (B) Satisfaction of water rights.--Any entitlement to water 
     of the Hopi Tribe and the Members of the Hopi Tribe (but not 
     Members in the capacity of the Members as Hopi Allottees) or 
     the United States acting as trustee for the Hopi Tribe and 
     the Members of the Hopi Tribe (but not Members in the 
     capacity of the Members as Hopi Allottees), for Hopi Land 
     shall be satisfied out of the water resources and other 
     benefits granted, confirmed, quantified, or recognized by the 
     Settlement Agreement and this division, to or for the Hopi 
     Tribe, the Members of the Hopi Tribe (but not Members in the 
     capacity of the Members as Hopi Allottees), and the United 
     States, acting as trustee for the Hopi Tribe and the Members 
     of the Hopi Tribe (but not Members in the capacity of the 
     Members as Hopi Allottees).
       (2) Hopi allottees and the united states, acting as trustee 
     for the hopi allottees.--
       (A) In general.--The benefits realized by the Hopi 
     Allottees under the Settlement Agreement shall be in complete 
     replacement of, complete substitution for, and full 
     satisfaction of--
       (i) all claims waived and released by the United States 
     (acting as trustee for the Hopi Allottees) under Exhibit 13.7 
     to the Settlement Agreement; and
       (ii) any claims of the Hopi Allottees against the United 
     States similar to the claims described in Exhibit 13.7 to the 
     Settlement Agreement that the Hopi Allottees asserted or 
     could have asserted.
       (B) Satisfaction of water rights.--Any entitlement to water 
     of the Hopi Allottees or the United States acting trustee for 
     the Hopi Allottees, for Hopi Allotments shall be satisfied 
     out of the water resources and other benefits granted, 
     confirmed, or recognized by the Settlement Agreement and this 
     division, to or for the Hopi Allottees and the United States, 
     acting as trustee for the Hopi Allottees.
       (3) No right established.--Notwithstanding paragraphs (1) 
     and (2), nothing in the Settlement Agreement or this division

[[Page S6180]]

     recognizes or establishes any right of a Member of the Hopi 
     Tribe (but not Members in the capacity of the Members as Hopi 
     Allottees) to water on Hopi Land.
       (c) San Juan Southern Paiute Tribe and the Members of the 
     San Juan Southern Paiute Tribe.--
       (1) In general.--The benefits provided under the Settlement 
     Agreement shall be in complete replacement of, complete 
     substitution for, and full satisfaction of any claim of the 
     San Juan Southern Paiute Tribe and the Members of the San 
     Juan Southern Paiute Tribe against the Parties, including the 
     United States, that is waived and released by the San Juan 
     Southern Paiute Tribe acting on behalf of the San Juan 
     Southern Paiute Tribe and the Members of the San Juan 
     Southern Paiute Tribe under Exhibits 13.11 and 13.12 to the 
     Settlement Agreement.
       (2) Satisfaction of water rights.--Any entitlement to water 
     of the San Juan Southern Paiute Tribe and the Members of the 
     San Juan Southern Paiute Tribe or the United States, acting 
     as trustee for the San Juan Southern Paiute Tribe and the 
     Members of the San Juan Southern Paiute Tribe, for San Juan 
     Southern Paiute Land shall be satisfied out of the water 
     resources and other benefits granted, confirmed, quantified, 
     or recognized by the Settlement Agreement and this division, 
     to or for the San Juan Southern Paiute Tribe and the Members 
     of the San Juan Southern Paiute Tribe and the United States, 
     acting as trustee for the San Juan Southern Paiute Tribe and 
     the Members of the San Juan Southern Paiute Tribe.
       (3) No right established.--Notwithstanding paragraphs (1) 
     and (2), nothing in the Settlement Agreement or this division 
     recognizes or establishes any right of a Member of the San 
     Juan Southern Paiute Tribe to water on the San Juan Southern 
     Paiute Southern Area.

     SEC. 5016. ENFORCEABILITY DATE.

       (a) In General.--The Settlement Agreement, including the 
     waivers and releases of claims described in paragraph 13 of 
     the Settlement Agreement and section 5014, shall take effect 
     and be fully enforceable on the date on which the Secretary 
     publishes in the Federal Register a statement of findings in 
     accordance with the following:
       (1) The Settlement Agreement has been revised, through an 
     amendment and restatement--
       (A) to eliminate any conflict between the Settlement 
     Agreement and this division; and
       (B) to include the executed Water Delivery Contracts 
     required by section 6(c) and subparagraphs 10.1.1, 10.1.2, 
     10.1.3, 11.1.1, and 11.1.2 as Exhibits to the Settlement 
     Agreement.
       (2) The Settlement Agreement, as revised through an 
     amendment and restatement pursuant to paragraph (1), has been 
     signed by not fewer than 30 of the Parties who executed the 
     Settlement Agreement, making the Settlement Agreement 
     effective, including--
       (A) the United States, acting through the Secretary;
       (B) the Navajo Nation;
       (C) the Hopi Tribe;
       (D) the San Juan Southern Paiute Tribe;
       (E) the State;
       (F) the Arizona State Land Department;
       (G) the Central Arizona Water Conservation District;
       (H) the Salt River Project Agricultural Improvement and 
     Power District; and
       (I) the Salt River Valley Water Users' Association.
       (3) Any Exhibit to the Settlement Agreement requiring 
     execution by any Party has been executed by the required 
     Party.
       (4) The waivers and releases of claims described in 
     paragraph 13 of the Settlement Agreement and section 5014 
     have been executed by the United States, Navajo Nation, Hopi 
     Tribe, San Juan Southern Paiute Tribe, the State, and the 
     other Parties.
       (5) $5,000,000,000 has been authorized, appropriated, and 
     deposited in the designated accounts pursuant to section 
     5013.
       (6) The LCR Decree has been approved by the LCR 
     Adjudication Court substantially in the form of the judgment 
     and decree attached as Exhibit 3.1.82 to the Settlement 
     Agreement, as amended to ensure consistency with this 
     division.
       (7) The Gila River Adjudication Decree has been approved by 
     the Gila River Adjudication Court substantially in the form 
     of the judgment and decree attached as Exhibit 3.1.47 to the 
     Settlement Agreement, as amended to ensure consistency with 
     this division.
       (8) The San Juan Southern Paiute Tribe and the Navajo 
     Tribal Utility Authority have executed a water services 
     agreement to deliver municipal water to the San Juan Southern 
     Paiute Tribe and its members.
       (9) Each of the Navajo Nation, the Hopi Tribe, and the San 
     Juan Southern Paiute Tribe have executed the tribal 
     resolution described in subsections (a)(2), (b)(2), and 
     (c)(2) of section 5018, respectively, consenting to the 
     limited waiver of sovereign immunity from suit in the 
     circumstances described in that section.
       (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 
     Navajo Nation, the Hopi Tribe, the San Juan Southern Paiute 
     Tribe, the Secretary, and the State--
       (A) this division is repealed;
       (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 5013(a)(2)(B) 
     that were used under that section against any claims asserted 
     by the Tribes against the United States; and
       (D) any amounts appropriated under section 5013, together 
     with any investment earnings on those amounts, less any 
     amounts expended under section 5009, shall revert immediately 
     to the general fund of the Treasury.
       (2) Continued existence of the san juan southern paiute 
     reservation.--
       (A) In general.--Section 5019 becomes effective on the date 
     of enactment of this Act.
       (B) Continued effectiveness.--Notwithstanding paragraph 
     (1), if the Secretary fails to publish in the Federal 
     Register a statement of findings under that paragraph by June 
     30, 2035, or such alternative later date as may be agreed to 
     by the Tribes, the Secretary and the State, section 5019 
     shall remain in effect.

     SEC. 5017. COLORADO RIVER ACCOUNTING.

       (a) Accounting for the Type of Water Delivered.--
       (1) Navajo nation cibola water; navajo nation fourth 
     priority water.--All deliveries of Navajo Nation Cibola Water 
     and Navajo Nation Fourth Priority Water effected by the 
     diversion of water from the San Juan River or from the 
     Colorado River above Lee Ferry shall be accounted for as 
     deliveries of Arizona Lower Basin Colorado River Water.
       (2) Hopi tribe cibola water.--All deliveries of Hopi Tribe 
     Cibola Water effected by the diversion of water from the 
     Colorado River above Lee Ferry shall be accounted for as 
     deliveries of Arizona Lower Basin Colorado River Water.
       (3) Navajo nation upper basin colorado river water.--All 
     deliveries of Navajo Nation Upper Basin Colorado River Water 
     effected by diversion of water from the Upper Basin in the 
     State, New Mexico, or Utah shall be accounted for as 
     deliveries of Arizona Upper Basin Colorado River Water.
       (4) Hopi tribe upper basin colorado river water.--All 
     deliveries of Hopi Tribe Upper Basin Colorado River Water 
     effected by diversion of water from the Upper Basin in the 
     State shall be accounted for as deliveries of Arizona Upper 
     Basin Colorado River Water.
       (5) Upper basin colorado river water.--All deliveries of 
     Upper Basin Colorado River Water leased by either the Navajo 
     Nation or the Hopi Tribe, whether effected by a diversion of 
     water from the Upper Basin or the Lower Basin, shall be 
     accounted for as deliveries of Arizona Upper Basin Colorado 
     River Water.
       (6) Lower basin colorado river water.--All deliveries of 
     Lower Basin Colorado River Water leased by the Navajo Nation 
     or the Hopi Tribe, whether effected by a diversion of water 
     from the Upper Basin or the Lower Basin, shall be accounted 
     for as deliveries of Arizona Lower Basin Colorado River 
     Water.
       (b) Special Accounting Rules for Lower Basin Colorado River 
     Water as Lower Basin Use in Arizona, Regardless of Point of 
     Diversion or Place of Use.--Notwithstanding section 
     10603(c)(2)(A) of the Northwestern New Mexico Rural Water 
     Projects Act (Public Law 111-11; 123 Stat. 1384), all Navajo 
     Nation Cibola Water, Navajo Nation Fourth Priority Water, and 
     Hopi Tribe Cibola Water delivered to and consumptively used 
     by the Navajo Nation, the Hopi Tribe, or their lessees 
     pursuant to the Settlement Agreement shall be--
       (1) accounted for as if such Use had occurred in the Lower 
     Basin, regardless of the point of diversion or place of Use;
       (2) credited as water reaching Lee Ferry pursuant to 
     articles III(c) and III(d) of the Colorado River Compact;
       (3) charged against the consumptive use apportionment made 
     to the Lower Basin by article III(a) of the Colorado River 
     Compact; and
       (4) accounted for as part of and charged against the 
     2,800,000 acre-feet of Colorado River Water apportioned to 
     the State in article II(B)(1) of the Decree.
       (c) Limitation.--Notwithstanding subsections (a) and (b), 
     no water diverted by the Navajo-Gallup Water Supply Project 
     shall be accounted for as provided in those subsections until 
     such time as the Secretary has developed and, as necessary 
     and appropriate, modified, in consultation with the State, 
     the Upper Basin Colorado River Commission, and the Governors' 
     representatives on Colorado River Operations from each State 
     signatory to the Colorado River Compact, all operational and 
     decisional criteria, policies, contracts, guidelines, or 
     other documents that control the operations of the Colorado 
     River System reservoirs and diversion works, so as to adjust, 
     account for, and offset the diversion of water apportioned to 
     the State, pursuant to the Boulder Canyon Project Act (43 
     U.S.C. 617 et seq.), from a point of diversion on the San 
     Juan River in New Mexico, subject to the conditions that--
       (1) all modifications shall be consistent with section 
     10603(c) of the Northwestern New Mexico Rural Water Projects 
     Act (Public Law 111-11; 123 Stat. 1384), as modified by this 
     subsection; and
       (2) the modifications made pursuant to this subsection 
     shall only be applicable for the duration of any such 
     diversions pursuant to section 10603(c)(2)(B) of the 
     Northwestern New Mexico Rural Water Projects Act (Public Law 
     111-11; 123 Stat. 1385) and this division.

[[Page S6181]]

  


     SEC. 5018. LIMITED WAIVER OF SOVEREIGN IMMUNITY.

       (a) Limited Waiver by the Navajo Nation and the United 
     States Acting as Trustee for the Navajo Nation and Navajo 
     Allottees.--
       (1) In general.--The Navajo Nation, and the United States 
     acting as trustee for the Navajo Nation and Navajo Allottees, 
     may be joined in any action brought in any circumstance 
     described in paragraph (3), and any claim by the Navajo 
     Nation and the United States to sovereign immunity from any 
     such action is waived.
       (2) Navajo nation consent.--By resolution No. CMY-26-24 and 
     dated May 24, 2024, the Navajo 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 Navajo Nation Code 
     or any other Navajo Nation law.
       (3) Circumstances described.--A circumstance referred to in 
     paragraphs (1) and (2) is any of the following:
       (A) Any party to the Settlement 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 Settlement Agreement;

       (ii) names the Navajo Nation, or the United States acting 
     as trustee for the Navajo Nation or Navajo Allottees, as a 
     party in that action; and
       (iii) does not include any request for award against the 
     Navajo Nation, or the United States acting as trustee for the 
     Navajo Nation or Navajo Allottees, for money damages, court 
     costs, or attorney fees.
       (B) Any landowner or water user in the LCR Watershed or 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 of the Settlement Agreement;
       (II) the LCR Decree or the Gila River Adjudication Decree; 
     or
       (III) section 5014;

       (ii) names the Navajo Nation, or the United States acting 
     as trustee for the Navajo Nation or Navajo Allottees, as a 
     party in that action; and
       (iii) does not include any request for award against the 
     Navajo Nation, or the United States acting as trustee for the 
     Navajo Nation or Navajo Allottees, for money damages, court 
     costs or attorney fees.
       (b) Limited Waiver by the Hopi Tribe and the United States 
     Acting as Trustee for the Hopi Tribe and Hopi Allotees.--
       (1) In general.--The Hopi Tribe, and the United States 
     acting as trustee for the Hopi Tribe and Hopi Allottees, may 
     be joined in any action brought in any circumstance described 
     in paragraph (3), and any claim by the Hopi Tribe and the 
     United States to sovereign immunity from any such action is 
     waived.
       (2) Hopi tribe consent.--By resolution No. H-035-2024 and 
     dated May 20, 2024, the Hopi Tribal 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 Hopi Tribal Code or any 
     other Hopi Tribe law.
       (3) Circumstances described.--A circumstance referred to in 
     paragraphs (1) and (2) is any of the following:
       (A) Any party to the Settlement 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 Settlement Agreement;

       (ii) names the Hopi Tribe or the United States, acting as 
     trustee for the Hopi Tribe or Hopi Allottees, as a party in 
     that action; and
       (iii) does not include any request for award against the 
     Hopi Tribe, or the United States acting as trustee for the 
     Hopi Tribe or Hopi Allottees, for money damages, court costs, 
     or attorney fees.
       (B) Any landowner or water user in the LCR Watershed--
       (i) brings an action in any court of competent jurisdiction 
     relating only and directly to the interpretation or 
     enforcement of--

       (I) paragraph 13 of the Settlement Agreement;
       (II) the LCR Decree; or
       (III) section 5014;

       (ii) names the Hopi Tribe, or the United States acting as 
     trustee for the Hopi Tribe or Hopi Allottees, as a party in 
     that action; and
       (iii) does not include any request for award against the 
     Hopi Tribe, or the United States acting as trustee for the 
     Hopi Tribe or Hopi Allottees, for money damages, court costs, 
     or attorney fees.
       (c) Limited Waiver by the San Juan Southern Paiute Tribe 
     and the United States Acting as Trustee for the San Juan 
     Southern Paiute Tribe.--
       (1) In general.--The San Juan Southern Paiute Tribe and the 
     United States acting as trustee for the San Juan Southern 
     Paiute Tribe may be joined in any action brought in any 
     circumstance described in paragraph (3), and any claim by the 
     San Juan Southern Paiute Tribe and the United States to 
     sovereign immunity from any such action is waived.
       (2) San juan southern paiute tribe consent.--By resolution 
     No. 2024-040, dated May 23, 2024, the San Juan Southern 
     Paiute Tribal 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 San Juan Southern Paiute Tribal Code or any 
     other San Juan Southern Paiute Tribal law.
       (3) Circumstances described.--A circumstance referred to in 
     paragraphs (1) and (2) is any of the following:
       (A) Any party to the Settlement 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 Settlement Agreement;

       (ii) names the San Juan Southern Paiute Tribe or the United 
     States acting as trustee for the San Juan Southern Paiute 
     Tribe as a party in that action; and
       (iii) does not include any request for award against the 
     San Juan Southern Paiute Tribe, or the United States acting 
     as trustee for the San Juan Southern Paiute Tribe, for money 
     damages, court costs, or attorney fees.
       (B) Any landowner or water user in the LCR Watershed--
       (i) brings an action in any court of competent jurisdiction 
     relating only and directly to the interpretation or 
     enforcement of--

       (I) paragraph 13 of the Settlement Agreement;
       (II) the LCR Decree; or
       (III) section 5014;

       (ii) names the San Juan Southern Paiute Tribe or the United 
     States acting as trustee for the San Juan Southern Paiute 
     Tribe as a party in that action; and
       (iii) does not include any request for award against the 
     San Juan Southern Paiute Tribe, or the United States acting 
     as trustee for the San Juan Southern Paiute Tribe, for money 
     damages, court costs, or attorney fees.

     SEC. 5019. RATIFICATION OF THE TREATY AND CREATION OF THE SAN 
                   JUAN SOUTHERN PAIUTE RESERVATION.

       (a) Ratification and Approval of the Treaty.--The Treaty 
     and the Treaty Addendum are hereby approved, ratified, and 
     confirmed.
       (b) Approval of the Secretary.--
       (1) In general.--The Secretary is authorized and directed--
       (A) to approve and execute the Treaty and the Treaty 
     Addendum, except that the specific findings stated under the 
     heading ``APPROVAL'' shall not be binding on the Secretary; 
     and
       (B) to take all steps necessary to implement the Treaty and 
     this division.
       (2) Approval and execution of amendments.--The Secretary is 
     delegated the authority, without a further Act of Congress, 
     to approve and execute amendments to the Treaty agreed to by 
     the Navajo Nation and the San Juan Southern Paiute Tribe.
       (c) Lands Proclaimed a Reservation for the San Juan 
     Southern Paiute Tribe.--
       (1) In general.--All right, title, and interest, including 
     Water Rights, to the approximately 5,400 acres of land within 
     the Navajo Indian Reservation that are described in the 
     Treaty as the San Juan Paiute Northern Area and the San Juan 
     Paiute Southern Paiute Area are hereby proclaimed as the San 
     Juan Southern Paiute Reservation and such land shall be held 
     by the United States in trust as a reservation for the 
     exclusive benefit of the San Juan Southern Paiute Tribe, 
     subject to the rights of access under subsection (d).
       (2) No appraisal or valuation.--Notwithstanding any other 
     provision law, no appraisal or other valuation shall be 
     required to carry out this subsection.
       (d) Rights of Access and Easements.--The Navajo Reservation 
     and the San Juan Southern Paiute Reservation shall be subject 
     to the rights of access and easements as identified in the 
     Treaty.
       (e) Surveying and Fencing of Land.--
       (1) Requirement.--The Secretary shall--
       (A) as soon as practicable after the date of enactment of 
     this Act, complete a survey and legal description of the 
     boundary lines to establish the boundaries of the San Juan 
     Southern Paiute Reservation;
       (B) officially file the survey plat in the appropriate 
     office of the Department of the Interior;
       (C) mark and fence the lands as described in article V of 
     the Treaty, where feasible; and
       (D) study the feasibility of an access road to the San Juan 
     Paiute Southern Area from U.S. Route 89, as described in 
     article XI of the Treaty.
       (2) Legal description.--
       (A) In general.--The legal descriptions published in 
     accordance with subparagraph (B) shall--
       (i) be considered the official legal description of the San 
     Juan Southern Paiute Reservation; and
       (ii) have the same force and effect as if included in this 
     division.
       (B) Publication.--On completion of the surveys under 
     paragraph (1)(A), the Secretary shall publish in the Federal 
     Register a legal description of the land comprising the San 
     Juan Southern Paiute Reservation.
       (C) Corrections.--The Secretary may make minor corrections 
     to correct technical and clerical errors in the legal 
     descriptions.
       (f) Repeal of Paiute Allotment Procedures.--Section 9 of 
     Public Law 93-531 (88 Stat. 1716) is repealed.
       (g) Publication; Jurisdiction.--
       (1) Publication.--In accordance with article VI of the 
     Treaty, the Secretary shall publish in the Federal Register 
     separate notices of completion or boundary marking of--

[[Page S6182]]

       (A) the San Juan Paiute Northern Area; and
       (B) the San Juan Paiute Southern Area.
       (2) Jurisdiction.--On publication in the Federal Register 
     under subparagraph (A) or (B) of paragraph (1)--
       (A) the San Juan Southern Paiute Tribe shall have full 
     jurisdiction over all matters within that area of the San 
     Juan Southern Paiute Reservation to the fullest extent 
     permitted by Federal law; and
       (B) the Navajo Nation shall not have jurisdiction over 
     matters occurring within that area of the San Juan Southern 
     Paiute Reservation except as agreed to by the Navajo Nation 
     and the San Juan Southern Paiute Tribe.

     SEC. 5020. ANTIDEFICIENCY; SAVINGS PROVISIONS; EFFECT.

       (a) No Quantification or Effect on Rights of Other Indian 
     Tribes or the United States on Their Behalf.--Except as 
     provided in paragraph 8.3 of the Settlement Agreement, 
     nothing in this division--
       (1) quantifies or otherwise affects the Water Rights, or 
     claims or entitlements to water or to Upper Basin Colorado 
     River Water or Lower Basin Colorado River Water, of any 
     Indian Tribe, band, or community, other than the Navajo 
     Nation, the Hopi Tribe, or the San Juan Southern Paiute 
     Tribe; or
       (2) affects the ability of the United States to take action 
     on behalf of any Indian Tribe, nation, band, community, or 
     allottee, other than the Navajo Nation, the Hopi Tribe and 
     the San Juan Southern Paiute Tribe, their members, Navajo 
     Allottees, Hopi Allottees, and Public Domain Allottees.
       (b) No Quantification of Water Rights of Public Domain 
     Allottees.--Nothing in this division--
       (1) quantifies or adjudicates any Water Right or any claim 
     or entitlement to water of a Public Domain Allottee, or 
     precludes the United States, acting as trustee for Public 
     Domain Allottees, from making claims for Water Rights in the 
     State that are consistent with the claims described in 
     Exhibit 3.1.132B to the Settlement Agreement; or
       (2) except as provided in subparagraphs 8.2.3, 8.4.7, and 
     15.2.3.4 of the Settlement Agreement, affects the ability of 
     the United States to take action on behalf of Public Domain 
     Allottees.
       (c) 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.
       (d) No Modification or Preemption of Other Laws.--Unless 
     expressly provided in this division, nothing in this division 
     modifies, conflicts with, preempts, or otherwise affects--
       (1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
       (2) the Boulder Canyon Project Adjustment Act (54 Stat. 
     774, chapter 643);
       (3) the Act of April 11, 1956 (commonly known as the 
     ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
     seq.);
       (4) the Colorado River Basin Project Act (43 U.S.C. 1501 et 
     seq.);
       (5) the Treaty between the United States of America and 
     Mexico, done at Washington February 3, 1944 (59 Stat. 1219);
       (6) the Colorado River Compact;
       (7) the Upper Colorado River Basin Compact of 1948;
       (8) the Omnibus Public Land Management Act of 2009 (Public 
     Law 111-11; 123 Stat. 991); or
       (9) case law relating to Water Rights in the Colorado River 
     System other than any case to enforce the Settlement 
     Agreement or this division.
       (e) No Precedent.--Nothing in this division establishes a 
     precedent for any type of transfer of Colorado River System 
     water between the Upper Basin and the Lower Basin.
       (f) Unique Situation.--Diversions through the iina ba - paa 
     tuwaqat'si pipeline and the Navajo-Gallup Water Supply 
     Project facilities consistent with this division address 
     critical Tribal and non-Indian water supply needs under 
     unique circumstances, which include, among other things--
       (1) the intent to benefit a number of Indian Tribes;
       (2) the Navajo Nation's location in the Upper Basin and the 
     Lower Basin;
       (3) the intent to address critical Indian and non-Indian 
     water needs in the State;
       (4) the lack of other reasonable alternatives available for 
     developing a firm, sustainable supply of municipal water for 
     the Navajo Nation, the Hopi Tribe, and the San Juan Southern 
     Paiute Tribe in the State; and
       (5) the limited volume of water to be diverted by the iina 
     ba - paa tuwaqat'si pipeline and Navajo-Gallup Water Supply 
     Project to supply municipal Uses in the State.
       (g) Efficient Use.--The diversions and Uses authorized for 
     the iina ba - paa tuwaqat'si pipeline under this division 
     represent unique and efficient Uses of Colorado River 
     apportionments in a manner that Congress has determined would 
     be consistent with the obligations of the United States to 
     the Navajo Nation and the Hopi Tribe.
       (h) No Effect on Enforcement of Environmental Laws.--
     Nothing in this division precludes the United States from 
     enforcing the requirements of--
       (1) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including 
     claims for damages to natural resources);
       (2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (4) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
     (commonly known as the ``Resource Conservation and Recovery 
     Act of 1976''); or
       (5) the implementing regulations of those Acts.
                                 ______