    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-223
    113th Congress

    An Act

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``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;

    [[Page 2097]]

    (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--

    [[Page 2098]]

    (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.--

    [[Page 2099]]

    (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 No. 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--

    [[Page 2100]]

    (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--

    [[Page 2101]]

    (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,

    [[Page 2102]]

    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.
    (B) Effect of paragraph.--Nothing in this paragraph
    restricts any claim for rights of the Tribe to Colorado
    River water.

    (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--

    [[Page 2103]]

    (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

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    (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);

    [[Page 2105]]

    (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--

    [[Page 2106]]

    (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.

    [[Page 2107]]

    ``(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

    [[Page 2108]]

    (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--

    [[Page 2109]]

    (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;

    [[Page 2110]]

    (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.

    Approved December 16, 2014.

    LEGISLATIVE HISTORY--H.R. 4924:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-638 (Comm. on Natural Resources).
    CONGRESSIONAL RECORD, Vol. 160 (2014):
    Dec. 1, considered and passed House.
    Dec. 2, considered and passed Senate.