[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(B) all land withdrawn by the Executive order of December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.
______