[House Report 113-638]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-638
======================================================================
BILL WILLIAMS RIVER WATER RIGHTS SETTLEMENT ACT OF 2014
_______
December 1, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 4924]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4924) to direct the Secretary of the Interior to
enter into the Big Sandy River-Planet Ranch Water Rights
Settlement Agreement and the Hualapai Tribe Bill Williams River
Water Rights Settlement Agreement, to provide for the lease of
certain land located within Planet Ranch on the Bill Williams
River in the State of Arizona to benefit the Lower Colorado
River Multi-Species Conservation Program, and to provide for
the settlement of specific water rights claims in the Bill
Williams River watershed in the State of Arizona, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bill Williams River Water Rights
Settlement Act of 2014''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
certain claims among certain parties to water rights in the
Bill Williams River watershed in the State of Arizona for--
(A) the Hualapai Tribe (acting on behalf of the Tribe
and members of the Tribe); and
(B) the Department of the Interior, acting on behalf
of the Department and, as specified, the United States
as trustee for the Hualapai Tribe, the members of the
Tribe, and the allottees;
(2) to approve, ratify, and confirm--
(A) the Big Sandy River-Planet Ranch Water Rights
Settlement Agreement entered into among the Hualapai
Tribe, the United States as trustee for the Tribe, the
members of the Tribe and allottees, the Secretary of
the Interior, the Arizona department of water
resources, Freeport Minerals Corporation, and the
Arizona Game and Fish Commission, to the extent the Big
Sandy River-Planet Ranch Agreement is consistent with
this Act; and
(B) the Hualapai Tribe Bill Williams River Water
Rights Settlement Agreement entered into among the
Tribe, the United States as trustee for the Tribe,
members of the Tribe, the allottees, and the Freeport
Minerals Corporation, to the extent the Hualapai Tribe
Agreement is consistent with this Act;
(3) to authorize and direct the Secretary--
(A) to execute the duties and obligations of the
Secretary under the Big Sandy River-Planet Ranch
Agreement, the Hualapai Tribe Agreement, and this Act;
(B)(i) to remove objections to the applications for
the severance and transfer of certain water rights, in
partial consideration of the agreement of the parties
to impose certain limits on the extent of the use and
transferability of the severed and transferred water
right and other water rights; and
(ii) to provide confirmation of those water rights;
and
(C) to carry out any other activity necessary to
implement the Big Sandy River-Planet Ranch Agreement
and the Hualapai Tribe Agreement in accordance with
this Act;
(4) to advance the purposes of the Lower Colorado River
Multi-Species Conservation Program;
(5) to secure a long-term lease for a portion of Planet
Ranch, along with appurtenant water rights primarily along the
Bill Williams River corridor, for use in the Conservation
Program;
(6) to bring the leased portion of Planet Ranch into public
ownership for the long-term benefit of the Conservation
Program; and
(7) to secure from the Freeport Minerals Corporation non-
Federal contributions--
(A) to support a tribal water supply study necessary
for the advancement of a settlement of the claims of
the Tribe for rights to Colorado River water; and
(B) to enable the Tribe to secure Colorado River
water rights and appurtenant land, increase security of
the water rights of the Tribe, and facilitate a
settlement of the claims of the Tribe for rights to
Colorado River water.
SEC. 3. DEFINITIONS.
In this Act:
(1) ADWR.--The term ``ADWR'' means the Arizona department of
water resources, established pursuant to title 45 of the
Arizona Revised Statutes (or a successor agency or entity).
(2) Allotment.--The term ``allotment'' means the 4 off-
reservation parcels held in trust by the United States for
individual Indians in the Big Sandy River basin in Mohave
County, Arizona, under the patents numbered 1039995, 1039996,
1039997, and 1019494.
(3) Allottee.--The term ``allottee'' means any Indian owner
of an allotment under a patent numbered 1039995, 1039996,
1039997, or 1019494.
(4) Arizona game and fish commission.--The term ``Arizona
Game and Fish Commission'' means the entity established
pursuant to title 17 of the Arizona Revised Statutes to control
the Arizona game and fish department (or a successor agency or
entity).
(5) Bagdad mine complex and bagdad townsite.--The term
``Bagdad Mine Complex and Bagdad Townsite'' means the
geographical area depicted on the map attached as exhibit 2.9
to the Big Sandy River-Planet Ranch Agreement.
(6) Big sandy river-planet ranch agreement.--The term ``Big
Sandy River-Planet Ranch Agreement'' means the Big Sandy River-
Planet Ranch Water Rights Settlement Agreement dated July 2,
2014, and any amendment or exhibit (including exhibit
amendments) to that Agreement that is--
(A) made in accordance with this Act; or
(B) otherwise approved by the Secretary and the
parties to the Big Sandy River-Planet Ranch Agreement.
(7) Bill williams river watershed.--The term ``Bill Williams
River watershed'' means the watershed drained by the Bill
Williams River and the tributaries of that river, including the
Big Sandy and Santa Maria Rivers.
(8) Conservation program.--The term ``Conservation Program''
has the meaning given the term ``Lower Colorado River Multi-
Species Conservation Program'' in section 9401 of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 1327).
(9) Corporation.--
(A) In general.--The term ``Corporation'' means the
Freeport Minerals Corporation, incorporated in the
State of Delaware.
(B) Inclusions.--The term ``Corporation'' includes
all subsidiaries, affiliates, successors, and assigns
of the Freeport Minerals Corporation (such as Byner
Cattle Company, incorporated in the State of Nevada).
(10) Department.--The term ``Department'' means the
Department of the Interior and all constituent bureaus of that
Department.
(11) Enforceability date.--The term ``enforceability date''
means the date described in section 9.
(12) Freeport groundwater wells.--
(A) In general.--The term ``Freeport Groundwater
Wells'' means the 5 wells identified by ADWR well
registration numbers--
(i) 55-592824;
(ii) 55-595808;
(iii) 55-595810;
(iv) 55-200964; and
(v) 55-908273.
(B) Inclusions.--The term ``Freeport Groundwater
Wells'' includes any replacement of a well referred to
in subparagraph (A) drilled by or for the Corporation
to supply water to the Bagdad Mine Complex and Bagdad
Townsite.
(C) Exclusions.--The term ``Freeport Groundwater
Wells'' does not include any other well owned by the
Corporation at any other location.
(13) Hualapai tribe agreement.--The term ``Hualapai Tribe
Agreement'' means the Hualapai Tribe Bill Williams River Water
Rights Settlement Agreement dated July 2, 2014, including any
amendment or exhibit (including exhibit amendments) to that
Agreement that is--
(A) made in accordance with this Act; or
(B) otherwise approved by the Secretary and the
parties to the Agreement.
(14) Hualapai tribe water rights settlement agreement.--The
term ``Hualapai Tribe Water Rights Settlement Agreement'' means
the comprehensive settlement agreement in the process of
negotiation as of the date of enactment of this Act to resolve
the claims of the Tribe for rights to Colorado River water and
Verde River water with finality.
(15) Injury.--
(A) In general.--The term ``injury'', with respect to
a water right, means any interference with, diminution
of, or deprivation of the water right under Federal,
State, or other law.
(B) Exclusion.--The term ``injury'' does not include
any injury to water quality.
(16) Lincoln ranch.--The term ``Lincoln Ranch'' means the
property owned by the Corporation described in the special
warranty deed recorded on December 4, 1995, at Book 1995 and
Page 05874 in the official records of La Paz County, Arizona.
(17) Parcel 1.--The term ``Parcel 1'' means the parcel of
land that--
(A) is depicted as 3 contiguous allotments identified
as 1A, 1B, and 1C on the map attached to the Big Sandy
River-Planet Ranch Agreement as exhibit 2.10; and
(B) is held in trust for certain allottees.
(18) Parcel 2.--The term ``Parcel 2'' means the parcel of
land that--
(A) is depicted on the map attached to the Big Sandy
River-Planet Ranch Agreement as exhibit 2.10; and
(B) is held in trust for certain allottees.
(19) Parcel 3.--The term ``Parcel 3'' means the parcel of
land that--
(A) is depicted on the map attached to the Big Sandy
River-Planet Ranch Agreement as exhibit 2.10;
(B) is held in trust for the Tribe; and
(C) is part of the Hualapai Reservation pursuant to
Executive Order 1368 of June 2, 1911.
(20) Party.--The term ``party'' means an individual or entity
that is a signatory to--
(A) the Big Sandy River-Planet Ranch Agreement; or
(B) the Hualapai Tribe Agreement.
(21) Planet ranch.--The term ``Planet Ranch'' means the
property owned by the Corporation described--
(A) in the special warranty deed recorded on December
14, 2011, at Book 2011 and Page 05267 in the official
records of La Paz County, Arizona; and
(B) as Instrument No. 2011-062804 in the official
records of Mohave County, Arizona.
(22) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(23) Sever and transfer applications.--The term ``sever and
transfer applications'' means the applications filed or amended
by the Corporation and pending on the date of enactment of this
Act to sever and transfer certain water rights--
(A) from Lincoln Ranch and from Planet Ranch to the
Wikieup Wellfield for use at the Bagdad Mine Complex
and Bagdad Townsite; and
(B) from portions of Planet Ranch (as determined on
the date on which the applications were filed or
amended) to new locations within Planet Ranch.
(24) Tribe.--The term ``Tribe'' means the Hualapai Tribe,
organized under section 16 of the Act of June 18, 1934 (25
U.S.C. 476) (commonly known as the ``Indian Reorganization
Act''), and recognized by the Secretary.
(25) Water right.--The term ``water right'' means--
(A) any right in or to groundwater, surface water, or
effluent under Federal, State, or other law; and
(B) for purposes of subsections (d) and (e) of
section 5, any right to Colorado River water.
(26) Wikieup wellfield.--The term ``Wikieup Wellfield'' means
the geographical area depicted on the map attached as exhibit
2.10 to the Big Sandy River-Planet Ranch Agreement.
SEC. 4. BIG SANDY RIVER-PLANET RANCH AGREEMENT.
(a) In General.--Except to the extent that any provision of, or
amendment to, the Big Sandy River-Planet Ranch Agreement conflicts with
this Act--
(1) the Big Sandy River-Planet Ranch Agreement is authorized,
ratified, and confirmed; and
(2) any amendment to the Big Sandy River-Planet Ranch
Agreement executed to make the Big Sandy River-Planet Ranch
Agreement consistent with this Act is authorized, ratified, and
confirmed.
(b) Execution.--To the extent that the Big Sandy River-Planet Ranch
Agreement does not conflict with this Act, and in support of the
purposes of this Act, the Secretary shall execute--
(1) the Big Sandy River-Planet Ranch Agreement (including all
exhibits to the Big Sandy River-Planet Ranch Agreement
requiring the signature of the Secretary);
(2) any amendment to the Big Sandy River-Planet Ranch
Agreement (including any amendment to an exhibit of the Big
Sandy River-Planet Ranch Agreement requiring the signature of
the Secretary) that is necessary to make the Big Sandy River-
Planet Ranch Agreement consistent with this Act; and
(3) a conditional withdrawal of each objection filed by the
Bureau of Indian Affairs, the Bureau of Land Management, and
the United States Fish and Wildlife Service to the sever and
transfer applications in the form set forth in exhibit
4.2.1(ii)(b) to the Big Sandy River-Planet Ranch Agreement.
(c) Modifications and Corrections.--The Secretary may execute any
other amendment to the Big Sandy River Planet-Ranch Agreement
(including any amendment to an exhibit to the Big Sandy River-Planet
Ranch Agreement requiring the signature of the Secretary) that is not
inconsistent with this Act, if the amendment--
(1) is approved by the Secretary and the parties to the Big
Sandy River-Planet Ranch Agreement; and
(2) does not require approval by Congress.
(d) Prohibition.--The Secretary shall not file an objection to any
amendment to the sever and transfer applications or any new sever or
transfer application filed by the Corporation to accomplish the sever
and transfer of 10,055 acre-feet per year of water rights from Planet
Ranch and Lincoln Ranch to the Wikieup Wellfield, subject to the
condition that the form of such an amendment or new application shall
be substantially similar to a form attached to the Big Sandy River-
Planet Ranch Agreement as exhibit 4.2.1(ii)(a)(1) or 4.2.1(ii)(a)(2).
SEC. 5. HUALAPAI TRIBE AGREEMENT.
(a) In General.--Except to the extent that any provision of, or
amendment to, the Hualapai Tribe Agreement conflicts with this Act--
(1) the Hualapai Tribe Agreement is authorized, ratified, and
confirmed; and
(2) any amendment to the Hualapai Tribe Agreement executed to
make the Hualapai Tribe Agreement consistent with this Act is
authorized, ratified, and confirmed.
(b) Execution.--To the extent that the Hualapai Tribe Agreement does
not conflict with this Act, and in support of the purposes of this Act,
the Secretary shall execute--
(1) the Hualapai Tribe Agreement (including all exhibits to
the Hualapai Tribe Agreement requiring the signature of the
Secretary); and
(2) any amendment to the Hualapai Tribe Agreement (including
any amendment to an exhibit of the Hualapai Tribe Agreement
requiring the signature of the Secretary) that is necessary to
make the Hualapai Tribe Agreement consistent with this Act.
(c) Modifications and Corrections.--The Secretary may execute any
other amendment to the Hualapai Tribe Agreement (including any
amendment to an exhibit to the Hualapai Tribe Agreement requiring the
signature of the Secretary) that is not inconsistent with this Act, if
the amendment--
(1) is approved by the Secretary and the parties to the
Hualapai Tribe Agreement; and
(2) does not require approval by Congress.
(d) Contribution of Corporation to Economic Development Fund.--
(1) In general.--The contribution of the Corporation to the
economic development fund of the Tribe, as provided in section
8.1 of the Hualapai Tribe Agreement--
(A) may be used by the Tribe for the limited purpose
of facilitating settlement of the claims of the Tribe
for rights to Colorado River water by enabling the
Tribe--
(i) to acquire Colorado River water rights
with the intent to increase the security of the
water rights of the Tribe; and
(ii) to otherwise facilitate the use of water
on the Hualapai Reservation;
(B) shall be considered to be a non-Federal
contribution that counts toward any non-Federal
contribution associated with a settlement of the claims
of the Tribe for rights to Colorado River water; and
(C) shall not be--
(i) considered to be trust funds; or
(ii) subject to responsibility or management
by the United States as trustee for the Tribe,
members of the Tribe, and the allottees.
(2) Limitation on transfer of water rights.--The Colorado
River water rights acquired by the Tribe may be used off the
Hualapai Reservation only for irrigation of acquired
appurtenant land, or for storage in accordance with Federal and
State law in a permitted recharge facility in the State of
Arizona, subject to the conditions that--
(A) the Tribe shall not seek to transfer or sell
accumulated long-term storage credits generated from
the storage of the acquired Colorado River water
rights; and
(B) the Tribe shall not seek approval to change the
place of use of the acquired Colorado River water
rights, except for the purposes of storing the water in
accordance with this paragraph.
(3) Expiration.--The limitation provided under paragraph (2)
expires on the earlier of--
(A) the date on which the Hualapai Tribe Water Rights
Settlement Agreement becomes enforceable; and
(B) December 31, 2039.
(4) Colorado river water rights counted against claims of
tribe.--
(A) In general.--If the Hualapai Tribe Water Rights
Settlement Agreement does not become enforceable by
December 31, 2039, any Colorado River water rights
acquired by the Tribe with the contribution of the
Corporation to the economic development fund of the
Tribe shall be counted, on an acre-foot per acre-foot
basis, toward the claims of the Tribe for rights to
Colorado River water in any subsequent settlement or
adjudication of those claims.
(B) Effect of paragraph.--Nothing in this paragraph
restricts any claim for rights of the Tribe to Colorado
River water in any subsequent settlement or
adjudication.
(e) Future Limitations on Land Taken Into Trust.--As provided in
section 10.11 of the Hualapai Tribe Agreement, the parties to the
Hualapai Tribe Agreement shall negotiate in good faith with other
parties the terms under which any land within the State of Arizona held
or acquired in fee by the Tribe may be taken into trust by the United
States for the benefit of the Tribe, with any applicable terms to be
incorporated into the Hualapai Tribe Water Rights Settlement Agreement,
subject to approval by Congress.
SEC. 6. WAIVERS, RELEASES, AND RETENTION OF CLAIMS.
(a) Claims by Department Under Big Sandy River-Planet Ranch
Agreement.--
(1) In general.--Except as provided in paragraph (3), the
Secretary is authorized to execute a waiver and release of all
claims of the Department, acting in its own capacity, against
the Corporation under Federal, State, or any other law for--
(A) all past and present claims for injury to water
rights resulting from the diversion of water by the
Corporation from the Wikieup Wellfield or the Freeport
Groundwater Wells arising prior to the enforceability
date;
(B) all claims for injury to water rights arising
after the enforceability date resulting from the
diversion of water by the Corporation from the Wikieup
Wellfield or the Freeport Groundwater Wells in a manner
not in violation of the Big Sandy River-Planet Ranch
Agreement; and
(C) all past, present, and future claims arising out
of, or relating in any manner to, the negotiation or
execution of the Big Sandy River-Planet Ranch
Agreement.
(2) Effective date.--The waivers and releases of claims under
paragraph (1) shall--
(A) be in the form set forth in exhibit 7.2(ii) to
the Big Sandy River-Planet Ranch Agreement; and
(B) take effect on the enforceability date.
(3) Retention of rights.--The Department shall retain all
rights not expressly waived under paragraph (1), including the
right--
(A) to assert any claim for breach of, or to seek
enforcement of, the Big Sandy River-Planet Ranch
Agreement or this Act in any court of competent
jurisdiction (but not a tribal court); and
(B) to assert any past, present, or future claim to a
water right that is not inconsistent with the Big Sandy
River-Planet Ranch Agreement or this Act.
(b) Claims by Tribe and United States as Trustee Under Big Sandy
River-Planet Ranch Agreement.--
(1) In general.--Except as provided in paragraph (3), the
Tribe and the United States, acting as trustee for the Tribe
and members of the Tribe, are authorized to execute a waiver
and release of all claims against the Corporation for--
(A) any water rights of the Tribe or the United
States as trustee for the Tribe and members of the
Tribe with respect to Parcel 3 in excess of 300 acre-
feet per year;
(B) all past and present claims for injury to water
rights arising before the enforceability date resulting
from the diversion of water by the Corporation from the
Wikieup Wellfield or the Freeport Groundwater Wells;
and
(C) all claims for injury to water rights arising
after the enforceability date resulting from the
diversion of water by the Corporation from the Wikieup
Wellfield or the Freeport Groundwater Wells in a manner
not in violation of the Big Sandy River-Planet Ranch
Agreement or the Hualapai Tribe Agreement.
(2) Effective date.--The waivers and releases of claims under
paragraph (1) shall--
(A) be in the form set forth in exhibit 7.1(ii) to
the Hualapai Tribe Agreement; and
(B) take effect on the enforceability date.
(3) Retention of rights.--The Tribe and the United States,
acting as trustee for the Tribe and members of the Tribe, shall
retain all rights not expressly waived under paragraph (1),
including the right--
(A) to assert any claim for breach of, or to seek
enforcement of, the Big Sandy River-Planet Ranch
Agreement or this Act in any court of competent
jurisdiction (but not a tribal court); and
(B) to assert any past, present, or future claim to a
water right that is not inconsistent with the Big Sandy
River-Planet Ranch Agreement or this Act.
(c) Claims by United States as Trustee for Allottees Under Big Sandy
River-Planet Ranch Agreement.--
(1) In general.--Except as provided in paragraph (3), the
United States, acting as trustee for the allottees, is
authorized to execute a waiver and release of all claims
against the Corporation for--
(A) any water rights of the allottees or the United
States as trustee for the allottees with respect to--
(i) Parcel 1 in excess of 82 acre-feet per
year; or
(ii) Parcel 2 in excess of 312 acre-feet per
year;
(B) all past and present claims for injury to water
rights arising before the enforceability date resulting
from the diversion of water by the Corporation from the
Wikieup Wellfield or the Freeport Groundwater Wells;
and
(C) all claims for injury to water rights arising
after the enforceability date resulting from the
diversion of water by the Corporation from the Wikieup
Wellfield or the Freeport Groundwater Wells in a manner
not in violation of the Big Sandy River-Planet Ranch
Agreement.
(2) Effective date.--The waivers and releases of claims under
paragraph (1) shall--
(A) be in the form set forth in exhibit 7.1(ii) to
the Hualapai Tribe Agreement; and
(B) take effect on the enforceability date.
(3) Retention of rights.--The United States, acting as
trustee for the allottees, shall retain all rights not
expressly waived under paragraph (1), including the right--
(A) to assert any claim for breach of, or to seek
enforcement of, the Big Sandy River-Planet Ranch
Agreement or this Act in any court of competent
jurisdiction (but not a tribal court); and
(B) to assert any past, present, or future claim to a
water right that is not inconsistent with the Big Sandy
River-Planet Ranch Agreement or this Act.
(d) Claims by Tribe and United States as Trustee Under Hualapai Tribe
Agreement.--
(1) In general.--Except as provided in paragraph (3), the
Tribe and the United States, acting as trustee for the Tribe,
members of the Tribe, and the allottees, as part of the
performance of obligations under the Hualapai Tribe Agreement,
are authorized to execute a waiver and release of all claims
that the Tribe or the United States as trustee for the Tribe,
members of the Tribe, or the allottees may have against the
Corporation under Federal, State, or any other law, for--
(A) all past and present claims for injury to water
rights resulting from the diversion of water by the
Corporation from the Bill Williams River watershed
arising prior to the enforceability date;
(B) all claims for injury to water rights arising
after the enforceability date resulting from the
diversion of water by the Corporation from the Bill
Williams River watershed in a manner not in violation
of the Hualapai Tribe Agreement or the Big Sandy River-
Planet Ranch Agreement; and
(C) all past, present, and future claims arising out
of, or relating in any manner to, the negotiation or
execution of the Hualapai Tribe Agreement.
(2) Effective date.--The waivers and releases of claims under
paragraph (1) shall--
(A) be in the form set forth in exhibit 7.1(ii) to
the Hualapai Tribe Agreement; and
(B) take effect on the enforceability date.
(3) Retention of rights.--The Tribe and the United States,
acting as trustee for the Tribe, the members of the Tribe, and
the allottees, shall retain all rights not expressly waived
under paragraph (1), including the right to assert--
(A) subject to paragraph 10.5 of the Hualapai Tribe
Agreement, a claim for breach of, or to seek
enforcement of, the Hualapai Tribe Agreement or this
Act in any court of competent jurisdiction (but not a
tribal court);
(B) any claim for injury to, or to seek enforcement
of, the rights of the Tribe under any applicable
judgment or decree approving or incorporating the
Hualapai Tribe Agreement; and
(C) any past, present, or future claim to water
rights that is not inconsistent with the Hualapai Tribe
Agreement or this Act.
(e) Claims by Tribe Against United States Under Big Sandy River-
Planet Ranch Agreement and Hualapai Tribe Agreement.--
(1) In general.--In consideration for the benefits to the
Tribe, as set forth in the Big Sandy River-Planet Ranch
Agreement, the Hualapai Tribe Agreement, and this Act, except
as provided in paragraph (3), the Tribe, on behalf of the Tribe
and the members of the Tribe, is authorized to execute a waiver
and release of all claims against the United States and the
agents and employees of the United States for--
(A) all past, present, and future claims relating to
claims for water rights for Parcel 3 in excess of 300
acre-feet per year that the United States, acting as
trustee for the Tribe, asserted or could have asserted
against any party to the Big Sandy River-Planet Ranch
Agreement or the Hualapai Tribe Agreement, including
the Corporation, including claims relating to--
(i) loss of water, water rights, land, or
natural resources due to loss of water or water
rights on Parcel 3 (including damages, losses,
or injuries to hunting, fishing, and gathering
rights due to loss of water, water rights, or
subordination of water rights); or
(ii) failure to protect, acquire, replace, or
develop water, water rights, or water
infrastructure on Parcel 3;
(B) all past, present, and future claims relating to
injury to water rights associated with Parcel 3 arising
from withdrawal of a protest to the sever and transfer
applications referenced in the Big Sandy River-Planet
Ranch Agreement;
(C) all claims relating to injury to water rights
arising after the enforceability date associated with
Parcel 3, resulting from the diversion of water by the
Corporation from the Bill Williams River watershed in a
manner not in violation of the Hualapai Tribe
Agreement; and
(D) all past, present, and future claims relating to
any potential injury arising out of, or relating in any
manner to, the negotiation or execution of the Big
Sandy River-Planet Ranch Agreement or the Hualapai
Tribe Agreement.
(2) Effective date.--The waivers and releases of claims under
paragraph (1) shall--
(A) be in the form set forth in, as applicable--
(i) exhibit 7.6(ii) to the Big Sandy River-
Planet Ranch Agreement; or
(ii) exhibit 7.3(ii) to the Hualapai Tribe
Agreement; and
(B) take effect on the enforceability date.
(3) Retention of rights.--The Tribe shall retain all rights
not expressly waived under paragraph (1), including the right--
(A) to assert any claim for breach of, or to seek
enforcement of, the Big Sandy River-Planet Ranch
Agreement, the Hualapai Tribe Agreement, or this Act in
any court of competent jurisdiction (but not a tribal
court); and
(B) to assert any past, present, or future claim to a
water right that is not inconsistent with the Big Sandy
River-Planet Ranch Agreement, the Hualapai Tribe
Agreement, or this Act.
SEC. 7. ADMINISTRATION.
(a) Amendments.--
(1) Definitions.--Section 9401 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1327) is
amended--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively; and
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Big sandy river-planet ranch agreement.--The term `Big
Sandy River-Planet Ranch Agreement' has the meaning given the
term in section 3 of the Bill Williams River Water Rights
Settlement Act of 2014.''.
(2) Enforceability.--Section 9403 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1328) is
amended--
(A) by striking the section designation and heading
and all that follows through ``Due to'' in subsection
(a) and inserting the following:
``SEC. 9403. ENFORCEABILITY.
``(a) Civil Actions.--
``(1) Colorado river civil actions.--
``(A) Description of civil action.--Due to''; and
(B) in subsection (a) (as amended by subparagraph
(A))--
(i) in paragraph (1) (as so amended), by
adding at the end the following:
``(B) Venue.--Any civil action under this paragraph
may be brought in any United States district court in
the State in which any non-Federal party to the civil
action is situated.''; and
(ii) by adding at the end the following:
``(2) Bill williams civil actions.--
``(A) Description of civil action.--Due to the unique
role of the Lower Colorado River Multi-Species
Conservation Program in resolving competing water
rights claims in the Bill Williams River watershed (as
defined in section 3 of the Bill Williams River Water
Rights Settlement Act of 2014) and other claims among
the parties to the Big Sandy-River Planet Ranch
Agreement, any party to the Big Sandy River-Planet
Ranch Agreement may commence a civil action in a court
described in subparagraph (B) relating only and
directly to the interpretation or enforcement of--
``(i) the Bill Williams River Water Rights
Settlement Act of 2014; or
``(ii) the Big Sandy River-Planet Ranch
Agreement.
``(B) Venue.--A civil action under this paragraph may
be brought in--
``(i) the United States District Court for
the District of Arizona; or
``(ii) a State court of competent
jurisdiction where a pending action has been
brought to adjudicate the water rights
associated with the Bill Williams River system
and source, in accordance with the authority
provided by section 208 of the Act of July 10,
1952 (commonly known as the `McCarran
Amendment') (43 U.S.C. 666).'';
(3) in subsection (b)--
(A) by striking ``The district'' and inserting the
following:
``(1) In general.--The district'';
(B) in paragraph (1) (as so designated), by striking
``such actions'' and inserting ``civil actions
described in subsection (a)(1)''; and
(C) by adding at the end the following:
``(2) State courts and district courts.--A State court or
United States district court--
``(A) shall have jurisdiction over civil actions
described in subsection (a)(2); and
``(B) may issue such orders, judgments, and decrees
as are consistent with the exercise of jurisdiction by
the court pursuant to--
``(i) this section; or
``(ii) section 7 of the Bill Williams River
Water Rights Settlement Act of 2014.
``(3) Effect of subsection.--Nothing in this subsection
affects the jurisdiction that would otherwise be available in
accordance with the authority provided by section 208 of the
Act of July 10, 1952 (commonly known as the `McCarran
Amendment') (43 U.S.C. 666).'';
(4) in subsection (d)(2), by striking the paragraph
designation and heading and all that follows through
subparagraph (A) and inserting the following:
``(2) Applicability.--This section--
``(A) applies only to--
``(i) the Lower Colorado River Multi-Species
Conservation Program;
``(ii) the Bill Williams River Water Rights
Settlement Act of 2014; and
``(iii) the Big Sandy River-Planet Ranch
Agreement; and''; and
(5) by striking subsection (e).
(b) Limited Waiver of Sovereign Immunity.--
(1) In general.--If any party to the Big Sandy River-Planet
Ranch Agreement or the Hualapai Tribe Agreement brings a civil
action in a court described in paragraph (2) relating only and
directly to the interpretation or enforcement of this Act (or
an amendment made by this Act), the Big Sandy River-Planet
Ranch Agreement, or the Hualapai Tribe Agreement--
(A) the Tribe and the United States, acting as
trustee for the Tribe, members of the Tribe, or the
allottees, may be named as a party or joined in the
civil action; and
(B) any claim by the Tribe or the United States,
acting as trustee for the Tribe, members of the Tribe,
or the allottees, to sovereign immunity from the civil
action is waived, but only for the limited and sole
purpose of the interpretation or enforcement of this
Act (or an amendment made by this Act), the Big Sandy
River-Planet Ranch Agreement, or the Hualapai Tribe
Agreement.
(2) Venue.--A court referred to in paragraph (1) is--
(A) the United States District Court for the District
of Arizona; or
(B) a State court of competent jurisdiction where a
pending action has been brought to adjudicate the water
rights associated with the Bill Williams River system
and source, in accordance with the authority provided
by section 208 of the Act of July 10, 1952 (commonly
known as the ``McCarran Amendment'') (43 U.S.C. 666).
(3) Jurisdiction.--A State court or a United States district
court--
(A) shall have jurisdiction over civil actions
described in paragraph (1); and
(B) may issue such orders, judgments, and decrees as
are consistent with the exercise of jurisdiction by the
court pursuant to--
(i) this section; or
(ii) section 9403(b) of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11;
123 Stat. 1328).
(4) Nonwaiver for certain claims.--Nothing in this subsection
waives the sovereign immunity of the Tribe or the United
States, acting as trustee for the Tribe, members of the Tribe,
or the allottees, to claims for monetary damages, costs, or
attorneys' fees.
(c) Antideficiency.--
(1) In general.--Notwithstanding any authorization of
appropriations to carry out this Act, the expenditure or
advance of any funds, and the performance of any obligation by
the Department in any capacity, pursuant to this Act shall be
contingent on the appropriation of funds for that expenditure,
advance, or performance.
(2) Liability.--The Department shall not be liable for the
failure to carry out any obligation or activity authorized by
this Act if adequate appropriations are not provided to carry
out this Act.
(d) Public Access.--Nothing in this Act prohibits reasonable public
access to the Conservation Program land at Planet Ranch or Lincoln
Ranch in a manner that is consistent with all applicable Federal and
State laws and any applicable conservation management plan implemented
under the Conservation Program.
(e) Effect.--Nothing in the Big Sandy River-Planet Ranch Agreement,
the Hualapai Tribe Agreement, or this Act--
(1) affects the ability of the United States to carry out any
action in the capacity of the United States as trustee for any
other Indian tribe or allottee;
(2) except as provided in subsections (a) and (b), confers
jurisdiction on any State court--
(A) to interpret Federal law or determine the duties
of the United States or any other party pursuant to
Federal law; or
(B) to conduct judicial review of a Federal agency
action; or
(3) limits the right of any member of the Tribe (acting in an
individual capacity) to assert or acquire any water right based
on State law.
SEC. 8. ENVIRONMENTAL COMPLIANCE.
(a) In General.--In implementing the Big Sandy River-Planet Ranch
Agreement, the Hualapai Tribe Agreement, and this Act, the Secretary
shall comply with all applicable Federal environmental laws (including
regulations), including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(b) Execution of Agreements.--The execution by the Secretary of the
Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe Agreement
in accordance with this Act shall not constitute a major Federal action
for purposes of section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332).
(c) United States Enforcement Authority.--Nothing in this Act, the
Big Sandy River-Planet Ranch Agreement, or the Hualapai Tribe Agreement
affects any right of the United States to take any action (including
any environmental action) under any law (including regulations and
common law) relating to human health, safety, or the environment.
SEC. 9. ENFORCEABILITY DATE.
(a) In General.--Except as provided in subsection (b), the
enforceability date shall be the date on which the Secretary publishes
in the Federal Register a statement of findings that--
(1)(A) to the extent that the Big Sandy River-Planet Ranch
Agreement or the Hualapai Tribe Agreement conflict with this
Act, the applicable agreement has been revised by amendment to
eliminate the conflict; and
(B) the Big Sandy River-Planet Ranch Agreement and the
Hualapai Tribe Agreement have been executed by all parties to
those agreements;
(2) the Corporation has submitted to ADWR a conditional
amendment of the sever and transfer applications for the
Lincoln Ranch water right and amendments to the sever and
transfer applications for Planet Ranch and Lincoln Ranch water
rights consistent with section 4.2.1(ii)(a) of the Big Sandy
River-Planet Ranch Agreement;
(3) the Secretary and the Arizona Game and Fish Commission
have executed and filed with ADWR a conditional withdrawal of
each objection described in section 4(b)(3);
(4)(A) ADWR has issued a conditional order approving the
sever and transfer applications of the Corporation; and
(B) all objections to the sever and transfer applications
have been--
(i) conditionally withdrawn; or
(ii) resolved in a decision issued by ADWR that is
final and nonappealable;
(5) the Secretary has provided a notice to the parties to the
Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe
Agreement that the Department has completed the legally
required environmental compliance described in section 8;
(6) the steering committee for the Conservation Program has
approved and authorized the manager of the Conservation Program
to execute the lease in the form as set forth in exhibit 2.33
to the Big Sandy River-Planet Ranch Agreement; and
(7) the waivers and releases authorized by section 6 have
been executed by the Tribe and the Secretary.
(b) Ratification and Execution of Agreements.--Notwithstanding
subsection (a), for purposes of sections 4, 5, and 8, the Secretary
shall carry out the requirements of this Act as promptly as practicable
after the date of enactment of this Act.
(c) Failure of Enforceability Date to Occur.--If the Secretary does
not publish a statement of findings under subsection (a) by December
15, 2015, or an extended date agreed to by the Tribe, the Secretary,
and the Corporation, after providing reasonable notice to the State of
Arizona--
(1) this Act is repealed effective beginning on the later
of--
(A) December 31, 2015; and
(B) the date that is 14 days after the extended date
agreed to by the Tribe, the Secretary, and the
Corporation, after providing reasonable notice to the
State of Arizona;
(2) any action taken by the Secretary to carry out this Act
shall cease, and any agreement executed pursuant to this Act,
shall be void; and
(3) the Tribe, members of the Tribe, the allottees, and the
United States, acting as trustee for the Tribe, members of the
Tribe, and the allottees, shall retain the right to assert
past, present, and future claims to water rights and claims for
injury to water rights in the Bill Williams River watershed.
Purpose of the Bill
The purpose of H.R. 4924 is to direct the Secretary of the
Interior to enter into the Big Sandy River-Planet Ranch Water
Rights Settlement Agreement and the Hualapai Tribe Bill
Williams River Water Rights Settlement Agreement, to provide
for the lease of certain land located within Planet Ranch on
the Bill Williams River in the State of Arizona to benefit the
Lower Colorado River Multi-Species Conservation Program, and to
provide for the settlement of specific water rights claims in
the Bill Williams River watershed in the State of Arizona.
Background and Need for Legislation
H.R. 4924 resolves parts of a water rights dispute in
western Arizona's Bill Williams River watershed. The
legislation aims to provide some water supply certainty for the
Hualapai Tribe, the State of Arizona, the federal government
and a local mine. The bill costs the American taxpayer nothing,
but it is necessary at the federal level due to the federal
trust responsibility to the Tribe.
Freeport-McMoRan operates and owns a large copper mine in
Bagdad, Arizona, that provides an annual economic impact of
$339 million to the State of Arizona and 4,000 direct and
indirect jobs, according to the company. Current operation and
expansion of the mine requires sufficient local water
resources.
This legislation seeks to resolve a dispute over some of
those water resources and competing interests. H.R. 4924
specifically focuses on resolution of certain water right
issues in the Bill Williams River basin involving the Tribe,
the Department of the Interior, the Arizona Game and Fish
Commission, and Freeport. In return for securing various
benefits for the Tribe and the United States, the various
parties have agreed to drop their objections to Freeport's
application for a certain amount of water used to support mine
operations. This bill is limited in scope, as it is expected
that future negotiations will address the Tribe's water right
claims in two other river basins, the Colorado and the Verde,
with the intent of achieving a comprehensive settlement of all
the Tribe's water right claims for its main reservation.
H.R. 4924 authorizes and codifies two agreements to bring
about water supply certainty: the Big Sandy River-Planet Ranch
Water Rights Settlement Agreement and the Hualapai Tribe Bill
Williams River Water Rights Settlement Agreement.
The Big Sandy River-Planet Ranch Water Rights Settlement
Agreement allows for certain water rights owned by Freeport on
the Planet Ranch to be severed and transferred to support the
company's mine operation. The United States, acting on behalf
of the Tribe, initially objected to Freeport's application to
divert these water rights, citing the fact that the Tribe owned
parcels in the area that might be negatively affected by
Freeport's water use. In response, Freeport agreed to cap its
water use as well as recognize the Tribe's right to pump and
utilize water resources on its parcels. This agreement
specifically enables a portion of Freeport's water rights on
the Planet Ranch to be moved upstream to the Wikieup Wellfield
owned by Freeport along the Big Sandy River, a tributary to the
Bill Williams River. However, Freeport agreed to a ``diversion
limitation'' or a cap on its withdrawals from the wellfield and
other specified groundwater wells at its historic maximum
pumping level of 10,055 acre-feet per year. Because of this
agreement, the Department of the Interior and the Tribe agreed
to waive their claims and drop their objections to Freeport's
severance and transfer request.
This agreement also allows Freeport to donate 3,400 acres
of land at the Planet Ranch to the Arizona Game and Fish
Department to be managed as part of the State's responsibility
under the Multi-Species Conservation Program (MSCP) in the
lower Colorado River. The MSCP is a 50-year federal/state/local
habitat conservation plan for Arizona, California, and Nevada.
It was created to accommodate ``current water diversions and
power production, and will optimize opportunities for future
water and power development by providing [Endangered Species
Act] compliance.'' The plan calls for the creation of over
8,100 acres of habitat for fish and wildlife species and the
production of over 1.2 million native fish to augment existing
populations. The end result of this bill is that the State
receives much of the land on Planet Ranch but Freeport retains
much of the water for its operations. The Planet Ranch
transactions in the Agreement are important in terms of water
supply certainty. Arizona water law requires that the
beneficial use of water rights not lapse for more than five
years. Failure to put such water rights to use during that time
frame can result in the forfeiture of those water rights. Since
Freeport completed the purchase of Planet Ranch in December
2011, this legislation must be signed into law and the water
rights on Planet Ranch must be put to beneficial use by
December 2016.
The Hualapai Tribe Bill Williams River Water Rights
Settlement Agreement is the second agreement confirmed by this
legislation and would include non-Federal funding of certain
measures that lay the groundwork for a later comprehensive
settlement of all of the Tribe's water rights in the State of
Arizona. Specifically, the Tribe benefits from an immediate $1
million financial contribution by Freeport for water and
infrastructure studies. Freeport has also agreed to make a
substantial contribution to the Tribe's Economic Development
Trust.
Committee Action
H.R. 4924 was introduced on June 20, 2014 by Congressman
Paul A. Gosar (R-AZ). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Water and Power. On September 19, 2014, the Subcommittee
held a hearing on the bill. On November 19, 2014, the Natural
Resources Committee met to consider the bill. The Subcommittee
on Water and Power was discharged by unanimous consent.
Congressman Gosar offered an amendment in the nature of a
substitute designated .188; the amendment was adopted by
unanimous consent. No further amendments were offered and the
bill, as amended, was then adopted and ordered favorably
reported to the House of Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. After consulting with the
Congressional Budget Office, the Committee has concluded that
enactment of the bill will have no significant effect on direct
spending or revenue, and will not otherwise have a significant
net effect on the federal budget.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to direct the Secretary of the
Interior to enter into the Big Sandy River-Planet Ranch Water
Rights Settlement Agreement and the Hualapai Tribe Bill
Williams River Water Rights Settlement Agreement, to provide
for the lease of certain land located within Planet Ranch on
the Bill Williams River in the State of Arizona to benefit the
Lower Colorado River Multi-Species Conservation Program, and to
provide for the settlement of specific water rights claims in
the Bill Williams River watershed in the State of Arizona.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
* * * * * * *
TITLE IX--BUREAU OF RECLAMATION AUTHORIZATIONS
* * * * * * *
Subtitle E--Lower Colorado River Multi-Species Conservation Program
SEC. 9401. DEFINITIONS.
In this subtitle:
(1) Big sandy river-planet ranch agreement.--The term
``Big Sandy River-Planet Ranch Agreement'' has the
meaning given the term in section 3 of the Bill
Williams River Water Rights Settlement Act of 2014.
[(1)] (2) Lower colorado river multi-species
conservation program.--The term ``Lower Colorado River
Multi-Species Conservation Program'' or ``LCR MSCP''
means the cooperative effort on the Lower Colorado
River between Federal and non-Federal entities in
Arizona, California, and Nevada approved by the
Secretary of the Interior on April 2, 2005.
[(2)] (3) Lower colorado river.--The term ``Lower
Colorado River'' means the segment of the Colorado
River within the planning area as provided in section
2(B) of the Implementing Agreement, a Program Document.
[(3)] (4) Program documents.--The term ``Program
Documents'' means the Habitat Conservation Plan,
Biological Assessment and Biological and Conference
Opinion, Environmental Impact Statement/Environmental
Impact Report, Funding and Management Agreement,
Implementing Agreement, and Section 10(a)(1)(B) Permit
issued and, as applicable, executed in connection with
the LCR MSCP, and any amendments or successor documents
that are developed consistent with existing agreements
and applicable law.
[(4)] (5) Secretary.--The term ``Secretary'' means
the Secretary of the Interior.
[(5)] (6) State.--The term ``State'' means each of
the States of Arizona, California, and Nevada.
* * * * * * *
SEC. 9403. ENFORCEABILITY [OF PROGRAM DOCUMENTS].
(a) [In general]Civil Actions.--
(1) Colorado River civil actions.--
(A) Description of civil action.--Due to the
unique conditions of the Colorado River, any
party to the Funding and Management Agreement
or the Implementing Agreement, and any
permittee under the Section 10(a)(1)(B) Permit,
may commence a civil action in United States
district court to adjudicate, confirm, validate
or decree the rights and obligations of the
parties under those Program Documents.
(B) Venue.--Any civil action under this
paragraph may be brought in any United States
district court in the State in which any non-
Federal party to the civil action is situated.
(2) Bill williams civil actions.--
(A) Description of civil action.--Due to the
unique role of the Lower Colorado River Multi-
Species Conservation Program in resolving
competing water rights claims in the Bill
Williams River watershed (as defined in section
3 of the Bill Williams River Water Rights
Settlement Act of 2014) and other claims among
the parties to the Big Sandy-River Planet Ranch
Agreement, any party to the Big Sandy River-
Planet Ranch Agreement may commence a civil
action in a court described in subparagraph (B)
relating only and directly to the
interpretation or enforcement of--
(i) the Bill Williams River Water
Rights Settlement Act of 2014; or
(ii) the Big Sandy River-Planet Ranch
Agreement.
(B) Venue.--A civil action under this
paragraph may be brought in--
(i) the United States District Court
for the District of Arizona; or
(ii) a State court of competent
jurisdiction where a pending action has
been brought to adjudicate the water
rights associated with the Bill
Williams River system and source, in
accordance with the authority provided
by section 208 of the Act of July 10,
1952 (commonly known as the ``McCarran
Amendment'') (43 U.S.C. 666).
(b) Jurisdiction.--[The district]
(1) In general.--The district court shall have
jurisdiction over [such actions] civil actions
described in subsection (a)(1) and may issue such
orders, judgments, and decrees as are consistent with
the court's exercise of jurisdiction under this
section.
(2) State courts and district courts.--A State court
or United States district court--
(A) shall have jurisdiction over civil
actions described in subsection (a)(2); and
(B) may issue such orders, judgments, and
decrees as are consistent with the exercise of
jurisdiction by the court pursuant to--
(i) this section; or
(ii) section 7 of the Bill Williams
River Water Rights Settlement Act of
2014.
(3) Effect of subsection Nothing in this subsection
affects the jurisdiction that would otherwise be
available in accordance with the authority provided by
section 208 of the Act of July 10, 1952 (commonly known
as the ``McCarran Amendment'') (43 U.S.C. 666).
(c) United States as Defendant.--
(1) In general.--The United States or any agency of
the United States may be named as a defendant in such
actions.
(2) Sovereign immunity.--Subject to paragraph (3),
the sovereign immunity of the United States is waived
for purposes of actions commenced pursuant to this
section.
(3) Nonwaiver for certain claims.--Nothing in this
section waives the sovereign immunity of the United
States to claims for money damages, monetary
compensation, the provision of indemnity, or any claim
seeking money from the United States.
(d) Rights Under Federal and State Law.--
(1) In general.--Except as specifically provided in
this section, nothing in this section limits any rights
or obligations of any party under Federal or State law.
[(2) Applicability to lower colorado river multi-
species conservation program.--This section--]
[(A) shall apply only to the Lower Colorado
River Multi-Species Conservation Program; and]
(2) Applicability.--This section--
(A) applies only to--
(i) the Lower Colorado River Multi-
Species Conservation Program;
(ii) the Bill Williams River Water
Rights Settlement Act of 2014; and
(iii) the Big Sandy River-Planet
Ranch Agreement; and
(B) shall not affect the terms of, or rights
or obligations under, any other conservation
plan created pursuant to any Federal or State
law.
[(e) Venue.--Any suit pursuant to this section may be brought
in any United States district court in the State in which any
non-Federal party to the suit is situated.]
* * * * * * *