[117th Congress Public Law 349]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 6225]]
Public Law 117-349
117th Congress
An Act
To approve the settlement of water rights claims of the Hualapai Tribe
and certain allottees in the State of Arizona, to authorize construction
of a water project relating to those water rights claims, and for other
purposes. <<NOTE: Jan. 5, 2023 - [S. 4104]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Hualapai Tribe
Water Rights Settlement Act of 2022.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hualapai Tribe Water Rights
Settlement Act of 2022''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to resolve, fully and finally, all claims to rights to
water in the State, including the Verde River, the Bill Williams
River, and the Colorado River, of--
(A) the Hualapai Tribe, on behalf of the Hualapai
Tribe and the members of the Hualapai Tribe; and
(B) the United States, acting as trustee for the
Hualapai Tribe, the members of the Hualapai Tribe, and
the allottees;
(2) to authorize, ratify, and confirm the Hualapai Tribe
water rights settlement agreement, to the extent that agreement
is consistent with this Act;
(3) to authorize and direct the Secretary to execute and
perform the duties and obligations of the Secretary under the
Hualapai Tribe water rights settlement agreement and this Act;
and
(4) to authorize the appropriation of funds necessary to
carry out the Hualapai Tribe water rights settlement agreement
and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) 1947 judgment.--The term ``1947 Judgment'' means the
Judgment and the Stipulation and Agreement, including exhibits
to the Judgment and the Stipulation and Agreement, entered on
March 13, 1947, in United States v. Santa Fe Pac. R.R. Co., No.
E-190 (D. Ariz.) and attached to the Hualapai Tribe water rights
settlement agreement as Exhibit 3.1.1.
(2) AFY.--The term ``AFY'' means acre-feet per year.
(3) Allotment.--The term ``allotment'' means any of the 4
off-reservation parcels that are--
(A) held in trust by the United States for
individual Indians in the Big Sandy River basin in
Mohave County,
[[Page 136 STAT. 6226]]
Arizona, under the patents numbered 1039995, 1039996,
1039997, and 1019494; and
(B) identified as Parcels 1A, 1B, 1C, and 2 on the
map attached to the Hualapai Tribe water rights
settlement agreement as Exhibit 3.1.6.
(4) Allottee.--The term ``allottee'' means any Indian owner
of an allotment.
(5) Available cap supply.--The term ``available CAP supply''
means, for any year--
(A) all fourth priority water available for delivery
through the Central Arizona Project;
(B) water available from Central Arizona Project
dams and reservoirs other than the Modified Roosevelt
Dam; and
(C) return flows captured by the Secretary for
Central Arizona Project use.
(6) Bill williams act.--The term ``Bill Williams Act'' means
the Bill Williams River Water Rights Settlement Act of 2014
(Public Law 113-223; 128 Stat. 2096).
(7) Bill williams agreements.--The term ``Bill Williams
agreements'' means the Amended and Restated Big Sandy River-
Planet Ranch Water Rights Settlement Agreement and the Amended
and Restated Hualapai Tribe Bill Williams River Water Rights
Settlement Agreement, including all exhibits to each agreement,
copies of which (excluding exhibits) are attached to the
Hualapai Tribe water rights settlement agreement as Exhibit
3.1.11.
(8) Bill williams river phase 2 enforceability date.--The
term ``Bill Williams River Phase 2 Enforceability Date'' means
the date described in section 14(d).
(9) Bill williams river phase 2 water rights settlement
agreement.--The term ``Bill Williams River phase 2 water rights
settlement agreement'' means the agreement of that name that is
attached to, and incorporated in, the Hualapai Tribe water
rights settlement agreement as Exhibit 4.3.3.
(10) Cap contract.--The term ``CAP contract'' means a long-
term contract (as defined in the CAP repayment stipulation) with
the United States for delivery of CAP water through the CAP
system.
(11) Cap contractor.--
(A) In general.--The term ``CAP contractor'' means a
person that has entered into a CAP contract.
(B) Inclusion.--The term ``CAP contractor'' includes
the Hualapai Tribe.
(12) Cap fixed om&r charge.--The term ``CAP fixed OM&R
charge'' has the meaning given the term ``Fixed OM&R Charge'' in
the CAP repayment stipulation.
(13) Cap m&i priority water.--The term ``CAP M&I priority
water'' means water within the available CAP supply having a
municipal and industrial delivery priority.
(14) Cap nia priority water.--The term ``CAP NIA priority
water'' means water within the available CAP supply having a
non-Indian agricultural delivery priority.
(15) Cap operating agency.--The term ``CAP operating
agency'' means--
[[Page 136 STAT. 6227]]
(A) the 1 or more entities authorized to assume
responsibility for the care, operation, maintenance, and
replacement of the CAP system; and
(B) as of the date of enactment of this Act, the
Central Arizona Water Conservation District.
(16) Cap pumping energy charge.--The term ``CAP pumping
energy charge'' has the meaning given the term ``Pumping Energy
Charge'' in the CAP repayment stipulation.
(17) Cap repayment contract.--The term ``CAP repayment
contract'' means--
(A) the contract dated December 1, 1988 (Contract
No. 14-06-W-245, Amendment No. 1), between the United
States and the Central Arizona Water Conservation
District for the Delivery of Water and Repayment of
Costs of the Central Arizona Project; and
(B) any amendment to, or revision of, that contract.
(18) Cap repayment stipulation.--The term ``CAP repayment
stipulation'' means the Stipulated Judgment and the Stipulation
for Judgment, including any exhibits to those documents, entered
on November 21, 2007, in the United States District Court for
the District of Arizona in the consolidated civil action Central
Arizona Water Conservation District v. United States, numbered
CIV 95-625-TUC-WDB (EHC) and CIV 95-1720-PHX-EHC.
(19) Cap subcontract.--The term ``CAP subcontract'' means a
long-term subcontract (as defined in the CAP repayment
stipulation) with the United States and the Central Arizona
Water Conservation District for the delivery of CAP water
through the CAP system.
(20) Cap subcontractor.--The term ``CAP subcontractor''
means a person that has entered into a CAP subcontract.
(21) Cap system.--The term ``CAP system'' means--
(A) the Mark Wilmer Pumping Plant;
(B) the Hayden-Rhodes Aqueduct;
(C) the Fannin-McFarland Aqueduct;
(D) the Tucson Aqueduct;
(E) any pumping plant or appurtenant work of a
feature described in subparagraph (A), (B), (C), or (D);
and
(F) any extension of, addition to, or replacement
for a feature described in subparagraph (A), (B), (C),
(D), or (E).
(22) Cap water.--The term ``CAP water'' has the meaning
given the term ``Project Water'' in the CAP repayment
stipulation.
(23) Central arizona project.--The term ``Central Arizona
Project'' means the reclamation project authorized and
constructed by the United States in accordance with title III of
the Colorado River Basin Project Act (43 U.S.C. 1521 et seq.).
(24) Central arizona water conservation district.--The term
``Central Arizona Water Conservation District'' means the
political subdivision of the State that is the contractor under
the CAP repayment contract.
(25) Colorado river compact.--The term ``Colorado River
Compact'' means the Colorado River Compact of 1922, as ratified
and reprinted in article 2 of chapter 7 of title 45, Arizona
Revised Statutes.
[[Page 136 STAT. 6228]]
(26) Colorado river water entitlement.--The term ``Colorado
River water entitlement'' means the right or authorization to
use Colorado River water in the State through a mainstem
contract with the Secretary pursuant to section 5 of the Boulder
Canyon Project Act (43 U.S.C. 617d).
(27) Diversion.--The term ``diversion'' means an act to
divert.
(28) Divert.--The term ``divert'' means to receive,
withdraw, develop, produce, or capture water using--
(A) a ditch, canal, flume, bypass, pipeline, pit,
collection or infiltration gallery, conduit, well, pump,
turnout, dam, or any other mechanical device; or
(B) any other act of man.
(29) Domestic purpose.--
(A) In general.--The term ``domestic purpose'' means
any use relating to the supply, service, or activity of
a household or private residence.
(B) Inclusions.--The term ``domestic purpose''
includes the application of water to not more than 2
acres of land to produce a plant or parts of a plant
for--
(i) sale or human consumption; or
(ii) use as feed for livestock, range
livestock, or poultry.
(30) Effluent.--The term ``effluent'' means water that--
(A) has been used in the State for domestic,
municipal, or industrial purposes, other than solely for
hydropower generation; and
(B) is available for reuse for any purpose,
regardless or whether the water has been treated to
improve the quality of the water.
(31) Enforceability date.--The term ``Enforceability Date''
means the date described in section 14(a).
(32) Exchange.--The term ``exchange'' means a trade between
1 or more persons of any water for any other water, if each
person has a right or claim to use the water the person provides
in the trade, regardless of whether the water is traded in equal
quantities or other consideration is included in the trade.
(33) Fourth priority water.--The term ``fourth priority
water'' means Colorado River water that is available for
delivery in the State for the satisfaction of entitlements--
(A) in accordance with contracts, Secretarial
reservations, perfected rights, and other arrangements
between the United States and water users in the State
entered into or established after September 30, 1968,
for use on Federal, State, or privately owned land in
the State, in a total quantity of not greater than
164,652 AFY of diversions; and
(B) after first providing for the delivery of
Colorado River water for the CAP system, including for
use on Indian land, under section 304(e) of the Colorado
River Basin Project Act (43 U.S.C. 1524(e)), in
accordance with the CAP repayment contract.
(34) Freeport.--
(A) In general.--The term ``Freeport'' means the
Delaware corporation named ``Freeport Minerals
Corporation''.
[[Page 136 STAT. 6229]]
(B) Inclusions.--The term ``Freeport'' includes all
subsidiaries, affiliates, successors, and assigns of
Freeport Minerals Corporation, including Byner Cattle
Company, a Nevada corporation.
(35) Gila river adjudication.--The term ``Gila River
adjudication'' means the action pending in the Superior Court of
the State, in and for the County of Maricopa, In Re the General
Adjudication of All Rights To Use Water In The Gila River System
and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper Gila), W-4 (San
Pedro) (Consolidated).
(36) Gila river adjudication court.--The term ``Gila River
adjudication court'' means the Superior Court of the State, in
and for the County of Maricopa, exercising jurisdiction over the
Gila River adjudication.
(37) Gila river adjudication decree.--The term ``Gila River
adjudication decree'' means the judgment or decree entered by
the Gila River adjudication court in substantially the same form
as the form of judgment attached to the Hualapai Tribe water
rights settlement agreement as Exhibit 3.1.43.
(38) Groundwater.--The term ``groundwater'' means all water
beneath the surface of the Earth within the State that is not--
(A) surface water;
(B) effluent; or
(C) Colorado River water.
(39) Hualapai fee land.--The term ``Hualapai fee land''
means land, other than Hualapai trust land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the Hualapai Reservation or Hualapai trust land; and
(C) as of the Enforceability Date, is owned by the
Hualapai Tribe, including by a tribally owned
corporation.
(40) Hualapai land.--The term ``Hualapai land'' means--
(A) the Hualapai Reservation;
(B) Hualapai trust land; and
(C) Hualapai fee land.
(41) Hualapai reservation.--The term ``Hualapai
Reservation'' means the land within the exterior boundaries of
the Hualapai Reservation, including--
(A) all land withdrawn by the Executive order dated
January 4, 1883, as modified by the May 28, 1942, order
of the Secretary pursuant to the Act of February 20,
1925 (43 Stat. 954, chapter 273);
(B) the land identified by the Executive orders
dated December 22, 1898, May 14, 1900, and June 2, 1911;
and
(C) the land added to the Hualapai Reservation by
sections 11 and 12.
(42) Hualapai tribe.--The term ``Hualapai Tribe'' means the
Hualapai Tribe, a federally recognized Indian Tribe of Hualapai
Indians organized under section 16 of the Act of June 18, 1934
(25 U.S.C. 5123) (commonly known as the ``Indian Reorganization
Act'').
(43) Hualapai tribe cap water.--The term ``Hualapai Tribe
CAP water'' means the 4,000 AFY of the CAP NIA priority water
that--
(A) was previously allocated to non-Indian
agricultural entities;
[[Page 136 STAT. 6230]]
(B) was retained by the Secretary for reallocation
to Indian Tribes in the State pursuant to section
104(a)(1)(A)(iii) of the Central Arizona Project
Settlement Act of 2004 (Public Law 108-451; 118 Stat.
3487); and
(C) is reallocated to the Hualapai Tribe pursuant to
section 13.
(44) Hualapai tribe water delivery contract.--The term
``Hualapai Tribe water delivery contract'' means the contract
entered into in accordance with the Hualapai Tribe water rights
settlement agreement and section 13(c) for the delivery of
Hualapai Tribe CAP water.
(45) Hualapai tribe water rights settlement agreement.--
(A) In general.--The term ``Hualapai Tribe water
rights settlement agreement'' means the agreement,
including exhibits, entitled ``Hualapai Tribe Water
Rights Settlement Agreement'' and dated February 11,
2019.
(B) Inclusions.--The term ``Hualapai Tribe water
rights settlement agreement'' includes--
(i) any amendments necessary to make the
Hualapai Tribe water rights settlement agreement
consistent with this Act; and
(ii) any other amendments approved by the
parties to the Hualapai Tribe water rights
settlement agreement and the Secretary.
(46) Hualapai trust land.--The term ``Hualapai trust land''
means land, other than Hualapai fee land, that is--
(A) located--
(i) in the State; and
(ii) outside the exterior boundaries of the
Hualapai Reservation; and
(B) as of the Enforceability Date, held in trust by
the United States for the benefit of the Hualapai Tribe.
(47) Hualapai water project.--The term ``Hualapai Water
Project'' means the project constructed in accordance with
section 6(a)(7)(A).
(48) Hualapai water trust fund account.--The term ``Hualapai
Water Trust Fund Account'' means the account established under
section 6(a)(1).
(49) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(50) Injury to water rights.--
(A) In general.--The term ``injury to water rights''
means any interference with, diminution of, or
deprivation of, a water right under Federal, State, or
other law.
(B) Exclusion.--The term ``injury to water rights''
does not include any injury to water quality.
(51) Lower basin.--The term ``lower basin'' has the meaning
given the term in article II(g) of the Colorado River Compact.
(52) Lower colorado river basin development fund.--The term
``Lower Colorado River Basin Development Fund'' means the fund
established by section 403(a) of the Colorado River Basin
Project Act (43 U.S.C. 1543(a)).
(53) Member.--The term ``member'' means any person duly
enrolled as a member of the Hualapai Tribe.
[[Page 136 STAT. 6231]]
(54) OM&R.--The term ``OM&R'' means--
(A) any recurring or ongoing activity relating to
the day-to-day operation of a project;
(B) any activity relating to scheduled or
unscheduled maintenance of a project; and
(C) any activity relating to replacing a feature of
a project.
(55) Parcel 1.--The term ``Parcel 1'' means the parcel of
land that is--
(A) depicted as 3 contiguous allotments identified
as 1A, 1B, and 1C on the map attached to the Hualapai
Tribe water rights settlement agreement as Exhibit
3.1.6; and
(B) held in trust for certain allottees.
(56) Parcel 2.--The term ``Parcel 2'' means the parcel of
land that is--
(A) depicted as ``Parcel 2'' on the map attached to
the Hualapai Tribe water rights settlement agreement as
Exhibit 3.1.6; and
(B) held in trust for certain allottees.
(57) Parcel 3.--The term ``Parcel 3'' means the parcel of
land that is--
(A) depicted as ``Parcel 3'' on the map attached to
the Hualapai Tribe water rights settlement agreement as
Exhibit 3.1.6;
(B) held in trust for the Hualapai Tribe; and
(C) part of the Hualapai Reservation pursuant to
Executive Order 1368, dated June 2, 1911.
(58) Party.--The term ``party'' means a person that is a
signatory to the Hualapai Tribe water rights settlement
agreement.
(59) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(60) State.--The term ``State'' means the State of Arizona.
(61) Stock watering.--The term ``stock watering'' means the
watering of livestock, range livestock, or poultry.
(62) Surface water.--The term ``surface water'' means all
water in the State that is appropriable under State law.
(63) Truxton basin.--The term ``Truxton Basin'' means the
groundwater aquifer described in the report issued by the United
States Geological Survey entitled ``Groundwater Availability in
the Truxton Basin, Northwestern Arizona'', Scientific
Investigations Report No. 2020-5017-A.
(64) Water.--The term ``water'', when used without a
modifying adjective, means--
(A) groundwater;
(B) surface water;
(C) effluent; and
(D) Colorado River water.
(65) Water right.--The term ``water right'' means any right
in or to groundwater, surface water, effluent, or Colorado River
water under Federal, State, or other law.
SEC. 4. <<NOTE: Contracts.>> RATIFICATION AND EXECUTION OF
HUALAPAI TRIBE WATER RIGHTS SETTLEMENT
AGREEMENT.
(a) Ratification.--
[[Page 136 STAT. 6232]]
(1) In general.--Except as modified by this Act and to the
extent the Hualapai Tribe water rights settlement agreement does
not conflict with this Act, the Hualapai Tribe water rights
settlement agreement is authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Hualapai Tribe water
rights settlement agreement, or to any exhibit attached to the
Hualapai Tribe water rights settlement agreement requiring the
signature of the Secretary, is executed in accordance with this
Act to make the Hualapai Tribe water rights settlement agreement
consistent with this Act, the amendment is authorized, ratified,
and confirmed, to the extent the amendment is consistent with
this Act.
(b) Execution.--
(1) In general.--To the extent the Hualapai Tribe water
rights settlement agreement does not conflict with this Act, the
Secretary shall execute the Hualapai Tribe water rights
settlement agreement, including all exhibits to, or parts of,
the Hualapai Tribe water rights settlement agreement requiring
the signature of the Secretary.
(2) Modifications.--Nothing in this Act prohibits the
Secretary from approving any modification to an appendix or
exhibit to the Hualapai Tribe water rights settlement agreement
that is consistent with this Act, to the extent the modification
does not otherwise require congressional approval under section
2116 of the Revised Statutes (25 U.S.C. 177) or any other
applicable provision of Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Hualapai Tribe water
rights settlement agreement (including all exhibits to the
Hualapai Tribe water rights settlement agreement requiring the
signature of the Secretary) and this Act, the Secretary shall
comply with all applicable provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(C) all other applicable Federal environmental laws
and regulations.
(2) Compliance.--
(A) In general.--In implementing the Hualapai Tribe
water rights settlement agreement and this Act, the
Hualapai Tribe shall prepare any necessary environmental
documents, consistent with all applicable provisions
of--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), including the
implementing regulations of that Act; and
(iii) all other applicable Federal
environmental laws and regulations.
(B) Authorizations.--The Secretary shall--
(i) <<NOTE: Evaluation.>> independently
evaluate the documentation submitted under
subparagraph (A); and
(ii) be responsible for the accuracy, scope,
and contents of that documentation.
[[Page 136 STAT. 6233]]
(3) Effect of execution.--The execution of the Hualapai
Tribe water rights settlement agreement by the Secretary under
this section shall not constitute a major action for purposes of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
SEC. 5. WATER RIGHTS.
(a) Water Rights To Be Held in Trust.--
(1) Hualapai tribe.--The United States shall hold the
following water rights in trust for the benefit of the Hualapai
Tribe:
(A) The water rights for the Hualapai Reservation
described in subparagraph 4.2 of the Hualapai Tribe
water rights settlement agreement.
(B) The water rights for Hualapai trust land
described in subparagraph 4.4 of the Hualapai Tribe
water rights settlement agreement.
(C) The water rights described in section 12(e)(2)
for any land taken into trust by the United States for
the benefit of the Hualapai Tribe--
(i) after the Enforceability Date; and
(ii) in accordance with section 12(e)(1).
(D) All Hualapai Tribe CAP water.
(2) Allottees.--The United States shall hold in trust for
the benefit of the allottees all water rights for the allotments
described in subparagraph 4.3.2 of the Hualapai Tribe water
rights settlement agreement.
(b) Forfeiture and Abandonment.--The following water rights shall
not be subject to loss through non-use, forfeiture, abandonment, or
other operation of law:
(1) The water rights for the Hualapai Reservation described
in subparagraph 4.2 of the Hualapai Tribe water rights
settlement agreement.
(2) The water rights for Hualapai trust land described in
subparagraph 4.4 of the Hualapai Tribe water rights settlement
agreement.
(3) Any Colorado River water entitlement purchased by the
Hualapai Tribe wholly or substantially with amounts in the
Economic Development Fund described in section 8.1 of the
Amended and Restated Hualapai Tribe Bill Williams River Water
Rights Settlement Agreement.
(c) Alienation.--Any Colorado River water entitlement purchased by
the Hualapai Tribe wholly or substantially with amounts in the Economic
Development Fund described in section 8.1 of the Amended and Restated
Hualapai Tribe Bill Williams River Water Rights Settlement Agreement
shall be restricted against permanent alienation by the Hualapai Tribe.
(d) Hualapai Tribe Cap Water.--The Hualapai Tribe shall have the
right to divert, use, and store the Hualapai Tribe CAP water in
accordance with section 13.
(e) Colorado River Water Entitlements.--
(1) <<NOTE: Effective date.>> Uses.--The Hualapai Tribe
shall have the right to use any Colorado River water entitlement
purchased by or donated to the Hualapai Tribe at the location to
which the entitlement is appurtenant on the date on which the
entitlement is purchased or donated.
(2) Storage.--
[[Page 136 STAT. 6234]]
(A) In general.--Subject to paragraphs (3) and (5),
the Hualapai Tribe may store Colorado River water
available under any Colorado River water entitlement
purchased by or donated to the Hualapai Tribe at
underground storage facilities or groundwater savings
facilities located within the State and in accordance
with State law.
(B) Assignments.--The Hualapai Tribe may assign any
long-term storage credits accrued as a result of storage
under subparagraph (A) in accordance with State law.
(3) Transfers.--The Hualapai Tribe may transfer the
entitlement for use or storage under paragraph (1) or (2),
respectively, to another location within the State, including
the Hualapai Reservation, in accordance with the Hualapai Tribe
water rights settlement agreement and all applicable Federal and
State laws governing the transfer of Colorado River water
entitlements within the State.
(4) Leases.--The Hualapai Tribe may lease any Colorado River
water entitlement for use or storage under paragraph (1) or (2),
respectively, to a water user within the State, in accordance
with the Hualapai Tribe water rights settlement agreement and
all applicable Federal and State laws governing the transfer of
Colorado River water entitlements within the State.
(5) Transports.--The Hualapai Tribe, or any person who
leases a Colorado River water entitlement from the Hualapai
Tribe under paragraph (4), may transport Colorado River water
available under the Colorado River water entitlement through the
Central Arizona Project in accordance with all laws of the
United States and the agreements between the United States and
the Central Arizona Water Conservation District governing the
use of the Central Arizona Project to transport water other than
CAP water.
(f) Use Off-Reservation.--No water rights to groundwater under the
Hualapai Reservation or Hualapai trust land, or to surface water on the
Hualapai Reservation or Hualapai trust land, may be sold, leased,
transferred, or used outside the boundaries of the Hualapai Reservation
or Hualapai trust land, other than under an exchange.
(g) Groundwater Transportation.--
(1) Fee land.--Groundwater may be transported in accordance
with State law away from Hualapai fee land and away from land
acquired in fee by the Hualapai Tribe, including by a tribally
owned corporation, after the Enforceability Date.
(2) Land added to hualapai reservation.--Groundwater may be
transported in accordance with State law away from land added to
the Hualapai Reservation by sections 11 and 12 to other land
within the Hualapai Reservation.
SEC. 6. HUALAPAI WATER TRUST FUND ACCOUNT; CONSTRUCTION OF
HUALAPAI WATER PROJECT; FUNDING.
(a) Hualapai Water Trust Fund Account.--
(1) Establishment.--The Secretary shall establish a trust
fund account, to be known as the ``Hualapai Water Trust Fund
Account'', to be managed, invested, and distributed by the
Secretary and to remain available until expended, withdrawn, or
reverted to the general fund of the Treasury, consisting of the
amounts deposited in the Hualapai Water Trust Fund
[[Page 136 STAT. 6235]]
Account under paragraph (2), together with any interest earned
on those amounts, for the purposes of carrying out this Act.
(2) Deposits.--The Secretary shall deposit in the Hualapai
Water Trust Fund Account the amounts made available pursuant to
section 7(a)(1).
(3) Management and interest.--
(A) Management.--On receipt and deposit of funds
into the Hualapai Water Trust Fund Account, the
Secretary shall manage, invest, and distribute all
amounts in the Hualapai Water Trust Fund Account in a
manner that is consistent with the investment authority
of the Secretary under--
(i) the first section of the Act of June 24,
1938 (25 U.S.C. 162a);
(ii) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(iii) this subsection.
(B) Investment earnings.--In addition to the
deposits made to the Hualapai Water Trust Fund Account
under paragraph (2), any investment earnings, including
interest, credited to amounts held in the Hualapai Water
Trust Fund Account are authorized to be appropriated to
be used in accordance with paragraph (7).
(4) <<NOTE: Effective dates.>> Availability of amounts.--
(A) In general.--Amounts appropriated to, and
deposited in, the Hualapai Water Trust Fund Account,
including any investment earnings, shall be made
available to the Hualapai Tribe by the Secretary
beginning on the Enforceability Date, subject to the
requirements of this section.
(B) Use.--Notwithstanding subparagraph (A), amounts
deposited in the Hualapai Water Trust Fund Account shall
be available to the Hualapai Tribe on the date on which
the amounts are deposited for environmental compliance,
as provided in section 8.
(5) Withdrawals.--
(A) Withdrawals under the american indian trust fund
management reform act of 1994.--
(i) In general.--The Hualapai Tribe may
withdraw any portion of the amounts in the
Hualapai Water Trust Fund Account on approval by
the Secretary of a Tribal management plan
submitted by the Tribe in accordance with the
American Indian Trust Fund Management Reform Act
of 1994 (25 U.S.C. 4001 et seq.).
(ii) Requirements.--In addition to the
requirements under the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et
seq.), the Tribal management plan under this
subparagraph shall require that the Hualapai Tribe
spend all amounts withdrawn from the Hualapai
Water Trust Fund Account and any investment
earnings accrued through the investments under the
Tribal management plan in accordance with this
Act.
(iii) <<NOTE: Determination.>> Enforcement.--
The Secretary may carry out such judicial and
administrative actions as the Secretary determines
to be necessary to enforce the Tribal management
plan under this subparagraph to ensure
[[Page 136 STAT. 6236]]
that amounts withdrawn by the Hualapai Tribe from
the Hualapai Water Trust Fund Account under clause
(i) are used in accordance with this Act.
(B) Withdrawals under expenditure plan.--
(i) In general.--The Hualapai Tribe may submit
to the Secretary a request to withdraw funds from
the Hualapai Water Trust Fund Account pursuant to
an approved expenditure plan.
(ii) Requirements.--To be eligible to withdraw
amounts under an expenditure plan under this
subparagraph, the Hualapai Tribe shall submit to
the Secretary an expenditure plan for any portion
of the Hualapai Water Trust Fund Account that the
Hualapai Tribe elects to withdraw pursuant to this
subparagraph, subject to the condition that the
amounts shall be used for the purposes described
in this Act.
(iii) Inclusions.--An expenditure plan under
this subparagraph shall include a description of
the manner and purpose for which the amounts
proposed to be withdrawn from the Hualapai Water
Trust Fund Account will be used by the Hualapai
Tribe, in accordance with paragraph (7).
(iv) <<NOTE: Determination.>> Approval.--The
Secretary shall approve an expenditure plan
submitted under clause (ii) if the Secretary
determines that the plan--
(I) is reasonable; and
(II) is consistent with, and will be
used for, the purposes of this Act.
(v) <<NOTE: Determination.>> Enforcement.--
The Secretary may carry out such judicial and
administrative actions as the Secretary determines
to be necessary to enforce an expenditure plan to
ensure that amounts disbursed under this
subparagraph are used in accordance with this Act.
(6) Effect.--Nothing in this section gives the Hualapai
Tribe the right to judicial review of a determination of the
Secretary relating to whether to approve a Tribal management
plan under paragraph (5)(A) or an expenditure plan under
paragraph (5)(B) except under subchapter II of chapter 5, and
chapter 7, of title 5, United States Code (commonly known as the
``Administrative Procedure Act'').
(7) Uses.--Amounts from the Hualapai Water Trust Fund
Account shall be used by the Hualapai Tribe--
(A) <<NOTE: Plan. Compliance.>> to plan, design,
construct, and conduct related activities, including
compliance with Federal environmental laws under section
8, the Hualapai Water Project, which shall be designed
to divert, treat, and convey up to 3,414 AFY of water
from the Colorado River in the lower basin in the State,
including locations on or directly adjacent to the
Hualapai Reservation, for municipal, commercial, and
industrial uses on the Hualapai Reservation;
(B) to perform OM&R on the Hualapai Water Project;
(C) to construct facilities to transport electrical
power to pump water for the Hualapai Water Project;
(D) to construct, repair, and replace such
infrastructure as may be necessary for groundwater wells
on the Hualapai
[[Page 136 STAT. 6237]]
Reservation and to construct infrastructure for delivery
and use of such groundwater on the Hualapai Reservation;
(E) to acquire land, interests in land, and water
rights outside the exterior boundaries of the Hualapai
Reservation that are located in the Truxton Basin;
(F) <<NOTE: Reimbursement. Time periods.>> to
reimburse the Hualapai Tribe for any--
(i) planning, design, and engineering costs
associated with the Hualapai Water Project that
the Hualapai Tribe incurs using Tribal funds
during the period--
(I) beginning on the date of
enactment of this Act; and
(II) ending on the Enforceability
Date; and
(ii) construction costs associated with the
Hualapai Water Project that the Hualapai Tribe
incurs using Tribal funds during the period--
(I) beginning on the date on which
the Secretary issues a record of
decision; and
(II) ending on the Enforceability
Date; and
(G) to make contributions to the Economic
Development Fund described in section 8.1 of the Amended
and Restated Hualapai Tribe Bill Williams River Water
Rights Settlement Agreement for the purpose of
purchasing additional Colorado River water entitlements
and appurtenant land.
(8) Liability.--The Secretary and the Secretary of the
Treasury shall not be liable for the expenditure or investment
of any amounts withdrawn from the Hualapai Water Trust Fund
Account by the Hualapai Tribe under paragraph (5).
(9) Title to infrastructure.--Title to, control over, and
operation of any project constructed using funds from the
Hualapai Water Trust Fund Account shall remain in the Hualapai
Tribe.
(10) OM&R.--All OM&R costs of any project constructed using
funds from the Hualapai Water Trust Fund Account shall be the
responsibility of the Hualapai Tribe.
(11) No per capita distributions.--No portion of the
Hualapai Water Trust Fund Account shall be distributed on a per
capita basis to any member of the Hualapai Tribe.
(12) Expenditure reports.--The Hualapai Tribe shall annually
submit to the Secretary an expenditure report describing
accomplishments and amounts spent from use of withdrawals under
a Tribal management plan or an expenditure plan under this Act.
(b) Hualapai Water Settlement Implementation Fund Account.--
(1) Establishment.--There is established in the Treasury of
the United States a nontrust, interest-bearing account, to be
known as the ``Hualapai Water Settlement Implementation Fund
Account'' (referred to in this subsection as the
``Implementation Fund Account'') to be managed and distributed
by the Secretary, for use by the Secretary for carrying out this
Act.
(2) Deposits.--The Secretary shall deposit in the
Implementation Fund Account the amounts made available pursuant
to section 7(a)(2).
[[Page 136 STAT. 6238]]
(3) Uses.--The Implementation Fund Account shall be used by
the Secretary to carry out section 15(c), including for
groundwater monitoring in the Truxton Basin.
(4) Interest.--In addition to the deposits under paragraph
(2), any investment earnings, including interest, credited to
amounts unexpended in the Implementation Fund Account are
authorized to be appropriated to be used in accordance with
paragraph (3).
SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorizations.--
(1) Hualapai water trust fund account.--There is authorized
to be appropriated to the Secretary for deposit in the Hualapai
Water Trust Fund Account $312,000,000, to be available until
expended, withdrawn, or reverted to the general fund of the
Treasury.
(2) Hualapai water settlement implementation fund account.--
There is authorized to be appropriated to the Secretary for
deposit in the Hualapai Water Settlement Implementation Fund
account established by section 6(b)(1) $5,000,000.
(3) Prohibition.--Notwithstanding any other provision of
law, any amounts made available under paragraph (1) or (2) shall
not be made available from the Reclamation Water Settlements
Fund established by section 10501(a) of the Omnibus Public Land
Management Act of 2009 (43 U.S.C. 407(a)).
(b) Fluctuation in Costs.--
(1) In general.--The amount authorized to be appropriated
under subsection (a)(1) shall be increased or decreased, as
appropriate, by such amounts as may be justified by reason of
ordinary fluctuations in costs occurring after the date of
enactment of this Act, as indicated by the Bureau of Reclamation
Construction Cost Index--Composite Trend.
(2) <<NOTE: Determination.>> Construction costs
adjustment.--The amount authorized to be appropriated under
subsection (a)(1) shall be adjusted to address construction cost
changes necessary to account for unforeseen market volatility
that may not otherwise be captured by engineering cost indices
as determined by the Secretary, including repricing applicable
to the types of construction and current industry standards
involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted, has been
appropriated.
(4) Period of indexing.--The period of indexing adjustment
for any increment of funding shall end on the date on which the
funds are deposited in the Hualapai Water Trust Fund Account.
SEC. 8. ENVIRONMENTAL COMPLIANCE.
(a) <<NOTE: Effective date.>> In General.--Effective beginning on
the date of deposit of funds in the Hualapai Water Trust Fund Account,
the Hualapai Tribe may commence any environmental, cultural, and
historical compliance activities necessary to implement the Hualapai
Tribe water rights settlement agreement and this Act, including
activities necessary to comply with all applicable provisions of--
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
[[Page 136 STAT. 6239]]
(2) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), including the implementing regulations of that
Act; and
(3) all other applicable Federal environmental or historical
and cultural protection laws and regulations.
(b) No Effect on Outcome.--Nothing in this Act affects or directs
the outcome of any analysis under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal
environmental or historical and cultural protection law.
(c) Compliance Costs.--Any costs associated with the performance of
the compliance activities under subsection (a) shall be paid from funds
deposited in the Hualapai Water Trust Fund Account, subject to the
condition that any costs associated with the performance of Federal
approval or other review of such compliance work or costs associated
with inherently Federal functions shall remain the responsibility of the
Secretary.
(d) Record of Decision.--Construction of the Hualapai Water Project
shall not commence until the Secretary issues a record of decision after
completion of an environmental impact statement for the Hualapai Water
Project.
(e) <<NOTE: Time period.>> Construction Costs.--Any costs of
construction incurred by the Hualapai Tribe during the period beginning
on the date on which the Secretary issues a record of decision and
ending on the Enforceability Date shall be paid by the Hualapai Tribe
and not from funds deposited in the Hualapai Water Trust Fund Account,
subject to the condition that, pursuant to section 6(a)(7)(F), the
Hualapai Tribe may be reimbursed after the Enforceability Date from the
Hualapai Water Trust Fund Account for any such costs of construction
incurred by the Hualapai Tribe prior to the Enforceability Date.
SEC. 9. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.
(a) Waivers and Releases of Claims by the Hualapai Tribe.--
(1) Claims against the state and others.--
(A) In general.--Except as provided in subparagraph
(C), the Hualapai Tribe, on behalf of the Hualapai Tribe
and the members of the Hualapai Tribe (but not members
in the capacity of the members as allottees) and the
United States, acting as trustee for the Hualapai Tribe
and the members of the Hualapai Tribe (but not members
in the capacity of the members as allottees), as part of
the performance of the respective obligations of the
Hualapai Tribe and the United States under the Hualapai
Tribe water rights settlement agreement and this Act,
are authorized to execute a waiver and release of any
claims against the State (or any agency or political
subdivision of the State) and any other individual,
entity, corporation, or municipal corporation under
Federal, State, or other law for all--
(i) past, present, and future claims for water
rights, including rights to Colorado River water,
for Hualapai land, arising from time immemorial
and, thereafter, forever;
(ii) past, present, and future claims for
water rights, including rights to Colorado River
water, arising
[[Page 136 STAT. 6240]]
from time immemorial and, thereafter, forever,
that are based on the aboriginal occupancy of land
by the Hualapai Tribe, the predecessors of the
Hualapai Tribe, the members of the Hualapai Tribe,
or predecessors of the members of the Hualapai
Tribe;
(iii) past and present claims for injury to
water rights, including injury to rights to
Colorado River water, for Hualapai land, arising
from time immemorial through the Enforceability
Date;
(iv) past, present, and future claims for
injury to water rights, including injury to rights
to Colorado River water, arising from time
immemorial and, thereafter, forever, that are
based on the aboriginal occupancy of land by the
Hualapai Tribe, the predecessors of the Hualapai
Tribe, the members of the Hualapai Tribe, or
predecessors of the members of the Hualapai Tribe;
(v) claims for injury to water rights,
including injury to rights to Colorado River
water, arising after the Enforceability Date, for
Hualapai land, resulting from the off-reservation
diversion or use of surface water, Colorado River
water, or effluent in a manner not in violation of
the Hualapai Tribe water rights settlement
agreement or State law;
(vi) past, present, and future claims arising
out of, or relating in any manner to, the
negotiation, execution, or adoption of the
Hualapai Tribe water rights settlement agreement,
any judgment or decree approving or incorporating
the Hualapai Tribe water rights settlement
agreement, or this Act;
(vii) claims for water rights of the Hualapai
Tribe or the United States, acting as trustee for
the Hualapai Tribe and members of the Hualapai
Tribe, with respect to Parcel 3, in excess of 300
AFY;
(viii) claims for injury to water rights
arising after the Enforceability Date for Hualapai
land resulting from the off-reservation diversion
or use of groundwater from--
(I) any well constructed outside of
the Truxton Basin on or before the date
of enactment of this Act;
(II) any well constructed outside of
the Truxton Basin, and not more than 2
miles from the exterior boundaries of
the Hualapai Reservation, after the date
of enactment of this Act if--
(aa) the well was
constructed to replace a well in
existence on the date of
enactment of this Act;
(bb) the replacement well
was constructed within 660 feet
of the well being replaced; and
(cc) the pumping capacity
and case diameter of the
replacement well do not exceed
the pumping capacity and case
diameter of the well being
replaced; or
(III) <<NOTE: Applicability.>> any
well constructed outside the Truxton
Basin, and not less than 2 miles from
the exterior
[[Page 136 STAT. 6241]]
boundaries of the Hualapai Reservation,
after the date of enactment of this Act,
subject to the condition that the
authorizations and restrictions
regarding the location, size, and
operation of wells in the Bill Williams
River watershed set forth in the Bill
Williams agreements and the Bill
Williams Act, and the waivers of claims
in the Bill Williams agreements and the
Bill Williams Act, shall continue to
apply to the parties to the Bill
Williams agreements, notwithstanding the
provisions of this subsection; and
(ix) <<NOTE: Effective dates. Notices.>>
claims for injury to water rights arising after
the Enforceability Date, for Hualapai land,
resulting from the off-reservation diversion or
use of groundwater in the Truxton Basin from--
(I) any well constructed within the
Truxton Basin for domestic purposes or
stock watering--
(aa) on or before the date
on which the Secretary provides
written notice to the State
pursuant to section 15(c)(2); or
(bb) after the date on which
the Secretary provides written
notice to the State pursuant to
that section if--
(AA) the well was
constructed to replace a
well in existence on the
date on which the notice was
provided;
(BB) the replacement
well was constructed within
660 feet of the well being
replaced; and
(CC) the pumping
capacity and case diameter
of the replacement well do
not exceed the pumping
capacity and case diameter
of the well being replaced;
and
(II) any well constructed within the
Truxton Basin for purposes other than
domestic purposes or stock watering--
(aa) on or before the date
of enactment of this Act;
(bb) after the date of
enactment of this Act if the
Secretary has not provided
written notice to the State
pursuant to section 15(c)(2); or
(cc) after the date of
enactment of this Act if the
Secretary has provided written
notice to the State pursuant to
section 15(c)(2) and if--
(AA) the well was
constructed to replace a
well in existence on the on
which date the notice was
provided;
(BB) the replacement
well was constructed within
660 feet of the well being
replaced; and
(CC) the pumping
capacity and case diameter
of the replacement well do
not exceed the pumping
capacity and case diameter
of the well being replaced.
[[Page 136 STAT. 6242]]
(B) Effective date.--The waiver and release of
claims described in subparagraph (A) shall take effect
on the Enforceability Date.
(C) Reservation of rights and retention of claims.--
Notwithstanding the waiver and release of claims
described in subparagraph (A), the Hualapai Tribe,
acting on behalf of the Hualapai Tribe and the members
of the Hualapai Tribe, and the United States, acting as
trustee for the Hualapai Tribe and the members of the
Hualapai Tribe (but not members in the capacity of the
members as allottees), shall retain any right--
(i) subject to subparagraph 12.7 of the
Hualapai Tribe water rights settlement agreement,
to assert claims for injuries to, and seek
enforcement of, the rights of the Hualapai Tribe
under the Hualapai Tribe water rights settlement
agreement or this Act in any Federal or State
court of competent jurisdiction;
(ii) to assert claims for injuries to, and
seek enforcement of, the rights of the Hualapai
Tribe under any judgment or decree approving or
incorporating the Hualapai Tribe water rights
settlement agreement;
(iii) to assert claims for water rights based
on State law for land owned or acquired by the
Hualapai Tribe in fee, under subparagraph 4.8 of
the Hualapai Tribe water rights settlement
agreement;
(iv) to object to any claims for water rights
or injury to water rights by or for any Indian
Tribe or the United States, acting on behalf of
any Indian Tribe;
(v) to assert past, present, or future claims
for injury to water rights against any Indian
Tribe or the United States, acting on behalf of
any Indian Tribe;
(vi) to assert claims for injuries to, and
seek enforcement of, the rights of the Hualapai
Tribe under the Bill Williams agreements or the
Bill Williams Act in any Federal or State court of
competent jurisdiction;
(vii) subject to paragraphs (1), (3), (4), and
(5) of section 5(e), to assert the rights of the
Hualapai Tribe under any Colorado River water
entitlement purchased by or donated to the
Hualapai Tribe; and
(viii) <<NOTE: Effective dates. Notices.>> to
assert claims for injury to water rights arising
after the Enforceability Date for Hualapai land
resulting from any off-reservation diversion or
use of groundwater, without regard to quantity,
from--
(I) any well constructed after the
date of enactment of this Act outside of
the Truxton Basin and not more than 2
miles from the exterior boundaries of
the Hualapai Reservation, except a
replacement well described in
subparagraph (A)(viii)(II), subject to
the authorizations and restrictions
regarding the location, size, and
operation of wells in the Bill Williams
River watershed, and the waivers of
claims, set forth in the Bill Williams
agreements and the Bill Williams Act;
(II) any well constructed within the
Truxton Basin for domestic purposes or
stock watering after the date on which
the Secretary has provided written
notice to the State pursuant to section
15(c)(2),
[[Page 136 STAT. 6243]]
except for a replacement well described
in subparagraph (A)(ix)(I)(bb); and
(III) any well constructed within
the Truxton Basin for purposes other
than domestic purposes or stock watering
after the date of enactment of this Act,
if the Secretary has provided notice to
the State pursuant to section 15(c)(2),
except for a replacement well as
described in subparagraph
(A)(ix)(II)(cc).
(2) Claims against united states.--
(A) In general.--Except as provided in subparagraph
(C), the Hualapai Tribe, acting on behalf of the
Hualapai Tribe and the members of the Hualapai Tribe
(but not members in the capacity of the members as
allottees) as part of the performance of the obligations
of the Hualapai Tribe under the Hualapai Tribe water
rights settlement agreement and this Act, is authorized
to execute a waiver and release of all claims against
the United States, including agencies, officials, and
employees of the United States, under Federal, State, or
other law for all--
(i) past, present, and future claims for water
rights, including rights to Colorado River water,
for Hualapai land, arising from time immemorial
and, thereafter, forever;
(ii) past, present, and future claims for
water rights, including rights to Colorado River
water, arising from time immemorial and,
thereafter, forever, that are based on the
aboriginal occupancy of land by the Hualapai
Tribe, the predecessors of the Hualapai Tribe, the
members of the Hualapai Tribe, or predecessors of
the members of the Hualapai Tribe;
(iii) past and present claims relating in any
manner to damages, losses, or injury to water
rights (including injury to rights to Colorado
River water), land, or other resources due to loss
of water or water rights (including damages,
losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of water
or water rights, claims relating to interference
with, diversion, or taking of water, or claims
relating to the failure to protect, acquire, or
develop water, water rights, or water
infrastructure) within the State that first
accrued at any time prior to the Enforceability
Date;
(iv) past and present claims for injury to
water rights, including injury to rights to
Colorado River water, for Hualapai land, arising
from time immemorial through the Enforceability
Date;
(v) past, present, and future claims for
injury to water rights, including injury to rights
to Colorado River water, arising from time
immemorial and, thereafter, forever, that are
based on the aboriginal occupancy of land by the
Hualapai Tribe, the predecessors of the Hualapai
Tribe, the members of the Hualapai Tribe, or
predecessors of the members of the Hualapai Tribe;
(vi) claims for injury to water rights,
including injury to rights to Colorado River
water, arising after
[[Page 136 STAT. 6244]]
the Enforceability Date for Hualapai land,
resulting from the off-reservation diversion or
use of surface water, Colorado River water, or
effluent in a manner not in violation of the
Hualapai Tribe water rights settlement agreement
or State law;
(vii) past, present, and future claims arising
out of, or relating in any manner to, the
negotiation, execution, or adoption of the
Hualapai Tribe water rights settlement agreement,
any judgment or decree approving or incorporating
the Hualapai Tribe water rights settlement
agreement, or this Act;
(viii) <<NOTE: Effective dates.>> claims for
injury to water rights arising after the
Enforceability Date for Hualapai land resulting
from the off-Reservation diversion or use of
groundwater from--
(I) any well constructed on public
domain land outside of the Truxton Basin
on or before the date of enactment of
this Act;
(II) any well constructed on public
domain land outside of the Truxton
Basin, and not more than 2 miles from
the exterior boundaries of the Hualapai
Reservation, after the date of enactment
of this Act if--
(aa) the well was
constructed to replace a well in
existence on the date of
enactment of this Act;
(bb) the replacement well
was constructed within 660 feet
of the well being replaced; and
(cc) the pumping capacity
and case diameter of the
replacement well do not exceed
the pumping capacity and case
diameter of the well being
replaced; or
(III) <<NOTE: Applicability.>> any
well constructed on public domain land
outside of the Truxton Basin, and not
less than 2 miles from the exterior
boundaries of the Hualapai Reservation,
after the date of enactment of this Act,
subject to the condition that the
authorizations and restrictions
regarding the location, size, and
operation of wells in the Bill Williams
River watershed set forth in the Bill
Williams agreements and the Bill
Williams Act, and the waivers of claims
in the Bill Williams agreements and the
Bill Williams Act, shall continue to
apply to the parties to the Bill
Williams agreements, notwithstanding the
provisions of this subsection; and
(ix) <<NOTE: Effective dates. Notices.>>
claims for injury to water rights arising after
the Enforceability Date for Hualapai land
resulting from the off-reservation diversion or
use of groundwater in the Truxton Basin from--
(I) any well constructed on public
domain land within the Truxton Basin for
domestic purposes or stock watering--
(aa) on or before the date
on which the Secretary provides
written notice to the State
pursuant to section 15(c)(2); or
[[Page 136 STAT. 6245]]
(bb) after the date on which
the Secretary provides written
notice to the State pursuant to
that section if--
(AA) the well was
constructed to replace a
well in existence on the
date on which the notice was
provided;
(BB) the replacement
well was constructed within
660 feet of the well being
replaced; and
(CC) the pumping
capacity and case diameter
of the replacement well do
not exceed the pumping
capacity and case diameter
of the well being replaced;
and
(II) any well constructed on public
domain land within the Truxton Basin for
purposes other than domestic purposes or
stock watering--
(aa) on or before the date
of enactment of this Act;
(bb) after the date of
enactment of this Act if the
Secretary has not provided
written notice to the State
pursuant to section 15(c)(2); or
(cc) after the date of
enactment of this Act if the
Secretary has provided written
notice to the State pursuant to
section 15(c)(2) and if--
(AA) the well was
constructed to replace a
well in existence on the
date on which the notice was
provided;
(BB) the replacement
well was constructed within
660 feet of the well being
replaced; and
(CC) the pumping
capacity and case diameter
of the replacement well do
not exceed the pumping
capacity and case diameter
of the well being replaced.
(B) Effective date.--The waiver and release of
claims described in subparagraph (A) shall take effect
on the Enforceability Date.
(C) Retention of claims.--Notwithstanding the waiver
and release of claims described in subparagraph (A), the
Hualapai Tribe and the members of the Hualapai Tribe
(but not members in the capacity of the members as
allottees) shall retain any right--
(i) subject to subparagraph 12.7 of the
Hualapai Tribe water rights settlement agreement,
to assert claims for injuries to, and seek
enforcement of, the rights of the Hualapai Tribe
under the Hualapai Tribe water rights settlement
agreement or this Act in any Federal or State
court of competent jurisdiction;
(ii) to assert claims for injuries to, and
seek enforcement of, the rights of the Hualapai
Tribe under any judgment or decree approving or
incorporating the Hualapai Tribe water rights
settlement agreement;
(iii) to assert claims for water rights based
on State law for land owned or acquired by the
Hualapai
[[Page 136 STAT. 6246]]
Tribe in fee under subparagraph 4.8 of the
Hualapai Tribe water rights settlement agreement;
(iv) to object to any claims for water rights
or injury to water rights by or for any Indian
Tribe or the United States, acting on behalf of
any Indian Tribe;
(v) to assert past, present, or future claims
for injury to water rights against any Indian
Tribe or the United States, acting on behalf of
any Indian Tribe;
(vi) to assert claims for injuries to, and
seek enforcement of, the rights of the Hualapai
Tribe under the Bill Williams agreements or the
Bill Williams Act in any Federal or State court of
competent jurisdiction;
(vii) subject to paragraphs (1), (3), (4), and
(5) of section 5(e), to assert the rights of the
Hualapai Tribe under any Colorado River water
entitlement purchased by or donated to the
Hualapai Tribe; and
(viii) <<NOTE: Effective dates. Notices.>> to
assert any claims for injury to water rights
arising after the Enforceability Date for Hualapai
land resulting from any off-reservation diversion
or use of groundwater, without regard to quantity,
from--
(I) any well constructed after the
date of enactment of this Act on public
domain land outside of the Truxton Basin
and not more than 2 miles from the
exterior boundaries of the Hualapai
Reservation, except for a replacement
well described in subparagraph
(A)(viii)(II), subject to the
authorizations and restrictions
regarding the location, size, and
operation of wells in the Bill Williams
River watershed, and the waivers of
claims, set forth in the Bill Williams
agreements and the Bill Williams Act;
(II) any well constructed on public
domain land within the Truxton Basin for
domestic purposes or stock watering
after the date on which the Secretary
has provided written notice to the State
pursuant to section 15(c)(2), except for
a replacement well described in
subparagraph (A)(ix)(I)(bb); and
(III) any well constructed on public
domain land within the Truxton Basin for
purposes other than domestic purposes or
stock watering after the date of
enactment of this Act, if the Secretary
has provided notice to the State
pursuant to section 15(c)(2), except for
a replacement well as described in
subparagraph (A)(ix)(II)(cc).
(b) Waivers and Releases of Claims by United States, Acting as
Trustee for Allottees.--
(1) In general.--Except as provided in paragraph (3), the
United States, acting as trustee for the allottees of the
Hualapai Tribe, as part of the performance of the obligations of
the United States under the Hualapai Tribe water rights
settlement agreement and this Act, is authorized to execute a
waiver and release of any claims against the State (or any
agency or political subdivision of the State), the Hualapai
Tribe, and any other individual, entity, corporation, or
municipal corporation under Federal, State, or other law, for
all--
[[Page 136 STAT. 6247]]
(A) past, present, and future claims for water
rights, including rights to Colorado River water, for
the allotments, arising from time immemorial and,
thereafter, forever;
(B) past, present, and future claims for water
rights, including rights to Colorado River water,
arising from time immemorial and, thereafter, forever,
that are based on the aboriginal occupancy of land by
the allottees or predecessors of the allottees;
(C) past and present claims for injury to water
rights, including injury to rights to Colorado River
water, for the allotments, arising from time immemorial
through the Enforceability Date;
(D) past, present, and future claims for injury to
water rights, if any, including injury to rights to
Colorado River water, arising from time immemorial and,
thereafter, forever, that are based on the aboriginal
occupancy of land by the allottees or predecessors of
the allottees;
(E) claims for injury to water rights, including
injury to rights to Colorado River water, arising after
the Enforceability Date, for the allotments, resulting
from the off-reservation diversion or use of water in a
manner not in violation of the Hualapai Tribe water
rights settlement agreement or State law;
(F) past, present, and future claims arising out of,
or relating in any manner to, the negotiation,
execution, or adoption of the Hualapai Tribe water
rights settlement agreement, any judgment or decree
approving or incorporating the Hualapai Tribe water
rights settlement agreement, or this Act; and
(G) claims for any water rights of the allottees or
the United States acting as trustee for the allottees
with respect to--
(i) Parcel 1, in excess of 82 AFY; or
(ii) Parcel 2, in excess of 312 AFY.
(2) Effective date.--The waiver and release of claims under
paragraph (1) shall take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1), the United States,
acting as trustee for the allottees of the Hualapai Tribe, shall
retain any right--
(A) subject to subparagraph 12.7 of the Hualapai
Tribe water rights settlement agreement, to assert
claims for injuries to, and seek enforcement of, the
rights of the allottees, if any, under the Hualapai
Tribe water rights settlement agreement or this Act in
any Federal or State court of competent jurisdiction;
(B) to assert claims for injuries to, and seek
enforcement of, the rights of the allottees under any
judgment or decree approving or incorporating the
Hualapai Tribe water rights settlement agreement;
(C) to object to any claims for water rights or
injury to water rights by or for--
(i) any Indian Tribe other than the Hualapai
Tribe; or
(ii) the United States, acting on behalf of
any Indian Tribe other than the Hualapai Tribe;
[[Page 136 STAT. 6248]]
(D) to assert past, present, or future claims for
injury to water rights against--
(i) any Indian Tribe other than the Hualapai
Tribe; or
(ii) the United States, acting on behalf of
any Indian Tribe other than the Hualapai Tribe;
and
(E) to assert claims for injuries to, and seek
enforcement of, the rights of the allottees under the
Bill Williams agreements or the Bill Williams Act in any
Federal or State court of competent jurisdiction.
(c) Waiver and Release of Claims by United States Against Hualapai
Tribe.--
(1) In general.--Except as provided in paragraph (3), the
United States, in all capacities (except as trustee for an
Indian Tribe other than the Hualapai Tribe), as part of the
performance of the obligations of the United States under the
Hualapai Tribe water rights settlement agreement and this Act,
is authorized to execute a waiver and release of all claims
against the Hualapai Tribe, the members of the Hualapai Tribe,
or any agency, official, or employee of the Hualapai Tribe,
under Federal, State or any other law for all--
(A) past and present claims for injury to water
rights, including injury to rights to Colorado River
water, resulting from the diversion or use of water on
Hualapai land arising from time immemorial through the
Enforceability Date;
(B) claims for injury to water rights, including
injury to rights to Colorado River water, arising after
the Enforceability Date, resulting from the diversion or
use of water on Hualapai land in a manner that is not in
violation of the Hualapai Tribe water rights settlement
agreement or State law; and
(C) past, present, and future claims arising out of,
or related in any manner to, the negotiation, execution,
or adoption of the Hualapai Tribe water rights
settlement agreement, any judgment or decree approving
or incorporating the Hualapai Tribe water rights
settlement agreement, or this Act.
(2) Effective date.--The waiver and release of claims under
paragraph (1) shall take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1), the United States
shall retain any right to assert any claim not expressly waived
in accordance with that paragraph, including any right to assert
a claim for injury to, and seek enforcement of, any right of the
United States under the Bill Williams agreements or the Bill
Williams Act, in any Federal or State court of competent
jurisdiction.
(d) Bill Williams River Phase 2 Water Rights Settlement Agreement
Waiver, Release, and Retention of Claims.--
(1) Claims against freeport.--
(A) In general.--Except as provided in subparagraph
(C), the United States, acting solely on behalf of the
Department of the Interior (including the Bureau of Land
Management and the United States Fish and Wildlife
Service), as part of the performance of the obligations
of the United States under the Bill Williams River phase
2 water rights
[[Page 136 STAT. 6249]]
settlement agreement, is authorized to execute a waiver
and release of all claims of the United States against
Freeport under Federal, State, or any other law for--
(i) any past or present claim for injury to
water rights resulting from--
(I) the diversion or use of water by
Freeport pursuant to the water rights
described in Exhibit 4.1(ii) to the Bill
Williams River phase 2 water rights
settlement agreement; and
(II) any other diversion or use of
water for mining purposes authorized by
the Bill Williams River phase 2 water
rights settlement agreement;
(ii) any claim for injury to water rights
arising after the Bill Williams River Phase 2
Enforceability Date resulting from--
(I) the diversion or use of water by
Freeport pursuant to the water rights
described in Exhibit 4.1(ii) to the Bill
Williams River phase 2 water rights
settlement agreement in a manner not in
violation of the Bill Williams River
phase 2 water rights settlement
agreement;
(II) the diversion of up to 2,500
AFY of water by Freeport from Sycamore
Creek as permitted by section 4.3(iv) of
the Bill Williams River phase 2 water
rights settlement agreement; and
(III) any other diversion or use of
water by Freeport authorized by the Bill
Williams River phase 2 water rights
settlement agreement, subject to the
condition that such a diversion and use
of water is conducted in a manner not in
violation of the Bill Williams River
phase 2 water rights settlement
agreement; and
(iii) any past, present, or future claim
arising out of, or relating in any manner to, the
negotiation or execution of the Bill Williams
River phase 2 water rights settlement agreement,
the Hualapai Tribe water rights settlement
agreement, or this Act.
(B) Effective date.--The waiver and release of
claims under subparagraph (A) shall take effect on the
Bill Williams River Phase 2 Enforceability Date.
(C) Retention of claims.--The United States shall
retain all rights not expressly waived in the waiver and
release of claims under subparagraph (A), including,
subject to section 6.4 of the Bill Williams River phase
2 water rights settlement agreement, the right to assert
a claim for injury to, and seek enforcement of, the Bill
Williams River phase 2 water rights settlement agreement
or this Act, in any Federal or State court of competent
jurisdiction (but not a Tribal court).
(2) No precedential effect.--
(A) Pending and future proceedings.--The Bill
Williams River phase 2 water rights settlement agreement
shall have no precedential effect in any other
administrative or judicial proceeding, including--
(i) any pending or future general stream
adjudication, or any other litigation involving
Freeport or the
[[Page 136 STAT. 6250]]
United States, including any proceeding to
establish or quantify a Federal reserved water
right;
(ii) any pending or future administrative or
judicial proceeding relating to an application--
(I) to appropriate water (for
instream flow or other purposes);
(II) to sever and transfer a water
right;
(III) to change a point of
diversion; or
(IV) to change a place of use for
any water right; and
(iii) any proceeding regarding water rights or
a claim relating to any Federal land.
(B) No methodology or standard.--Nothing in the Bill
Williams River phase 2 water rights settlement agreement
establishes any standard or methodology to be used for
the quantification of any claim to water rights (whether
based on Federal or State law) in any judicial or
administrative proceeding, other than a proceeding to
enforce the terms of the Bill Williams River phase 2
water rights settlement agreement.
SEC. 10. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.
(a) Hualapai Tribe and Members.--
(1) In general.--The benefits realized by the Hualapai Tribe
and the members of the Hualapai Tribe (but not members in the
capacity of the members as allottees) under the Hualapai Tribe
water rights settlement agreement, this Act, the Bill Williams
agreements, and the Bill Williams Act shall be in full
satisfaction of all claims of the Hualapai Tribe, the members of
the Hualapai Tribe, and the United States, acting in the
capacity of the United States as trustee for the Hualapai Tribe
and the members of the Hualapai Tribe, for water rights and
injury to water rights under Federal, State, or other law with
respect to Hualapai land.
(2) Satisfaction.--Any entitlement to water of the Hualapai
Tribe and the members of the Hualapai Tribe (but not members in
the capacity of the members as allottees) or the United States,
acting in the capacity of the United States as trustee for the
Hualapai Tribe and the members of the Hualapai Tribe (but not
members in the capacity of the members as allottees), for
Hualapai land shall be satisfied out of the water resources and
other benefits granted, confirmed, quantified, or recognized by
the Hualapai Tribe water rights settlement agreement, this Act,
the Bill Williams agreements, and the Bill Williams Act to or
for the Hualapai Tribe, the members of the Hualapai Tribe (but
not members in the capacity of the members as allottees), and
the United States, acting in the capacity of the United States
as trustee for the Hualapai Tribe and the members of the
Hualapai Tribe (but not members in the capacity of the members
as allottees).
(b) Allottee Water Claims.--
(1) In general.--The benefits realized by the allottees of
the Hualapai Tribe under the Hualapai Tribe water rights
settlement agreement, this Act, the Bill Williams agreements,
and the Bill Williams Act shall be in complete replacement of
and substitution for, and full satisfaction of, all claims with
respect to allotments of the allottees and the United States,
[[Page 136 STAT. 6251]]
acting in the capacity of the United States as trustee for the
allottees, for water rights and injury to water rights under
Federal, State, or other law.
(2) Satisfaction.--Any entitlement to water of the allottees
or the United States, acting in the capacity of the United
States as trustee for the allottees, for allotments shall be
satisfied out of the water resources and other benefits granted,
confirmed, or recognized by the Hualapai Tribe water rights
settlement agreement, this Act, the Bill Williams agreements,
and the Bill Williams Act to or for the allottees and the United
States, acting as trustee for the allottees.
(c) Effect.--Notwithstanding subsections (a) and (b), nothing in
this Act or the Hualapai Tribe water rights settlement agreement--
(1) recognizes or establishes any right of a member of the
Hualapai Tribe or an allottee to water on Hualapai land; or
(2) prohibits the Hualapai Tribe or an allottee from
acquiring additional water rights by purchase of land, credits,
or water rights.
SEC. 11. LAND ADDED TO HUALAPAI RESERVATION.
The following land in the State is added to the Hualapai
Reservation:
(1) Public law 93-560.--The land held in trust by the United
States for the Hualapai Tribe pursuant to the first section of
Public Law 93-560 (88 Stat. 1820).
(2) 1947 judgment.--The land deeded to the United States in
the capacity of the United States as trustee for the Hualapai
Tribe pursuant to the 1947 judgment.
(3) Truxton triangle.--That portion of the S\1/2\ sec. 3,
lying south of the south boundary of the Hualapai Reservation
and north of the north right-of-way boundary of Arizona Highway
66, and bounded by the west section line of that sec. 3 and the
south section line of that sec. 3, T. 24 N., R. 12 W., Gila and
Salt River Base and Meridian, Mohave County, Arizona.
(4) Hunt parcel 4.--SW\1/4\NE\1/4\ sec. 7, T. 25 N., R. 13
W., Gila and Salt River Base and Meridian, Mohave County,
Arizona.
(5) Hunt parcels 1 and 2.--In T. 26 N., R. 14 W., Gila and
Salt River Base and Meridian, Mohave County, Arizona--
(A) NE\1/4\SW\1/4\ sec. 9; and
(B) NW\1/4\SE\1/4\ sec. 27.
(6) Hunt parcel 3.--SW\1/4\NE\1/4\ sec. 25, T. 27 N., R. 15
W., Gila and Salt River Base and Meridian, Mohave County,
Arizona.
(7) Hunt parcel 5.--In sec. 1, T. 25 N., R. 14 W., Gila and
Salt River Base and Meridian, Mohave County, Arizona--
(A) SE\1/4\;
(B) E\1/2\SW\1/4\; and
(C) SW\1/4\SW\1/4\.
(8) Valentine cemetery parcel.--W\1/2\NW\1/4\SW\1/4\ sec.
22, T. 23 N., R. 13 W., Gila and Salt River Base and Meridian,
Mohave County, Arizona, excepting and reserving to the United
States a right-of-way for ditches or canals constructed by the
[[Page 136 STAT. 6252]]
authority of the United States, pursuant to the Act of August
30, 1890 (43 U.S.C. 945).
SEC. 12. TRUST LAND.
(a) Land To Be Taken Into Trust.--
(1) <<NOTE: Effective date.>> In general.--On the date of
enactment of this Act, the Secretary is authorized and directed
to take legal title to the land described in paragraph (2) and
hold such land in trust for the benefit of the Hualapai Tribe.
(2) Cholla canyon ranch parcels.--The land referred to in
paragraph (1) is, in T. 16 N., R. 13 W., Gila and Salt River
Base and Meridian, Mohave County, Arizona--
(A) SW\1/4\ sec. 25; and
(B) NE\1/4\ and NE\1/4\ SE\1/4\ sec. 35.
(b) Reservation Status.--The land taken into trust under subsection
(a) shall be part of the Hualapai Reservation and administered in
accordance with the laws and regulations generally applicable to land
held in trust by the United States for an Indian Tribe.
(c) Valid Existing Rights.--The land taken into trust under
subsection (a) shall be subject to valid existing rights, including
easements, rights-of-way, contracts, and management agreements.
(d) Limitations.--Nothing in subsection (a) affects--
(1) any water right of the Hualapai Tribe in existence under
State law before the date of enactment of this Act; or
(2) any right or claim of the Hualapai Tribe to any land or
interest in land in existence before the date of enactment of
this Act.
(e) Future Trust Land.--
(1) <<NOTE: Effective date.>> New statutory requirement.--
Effective beginning on the date of enactment of this Act, and
except as provided in subsection (a), any land located in the
State outside the exterior boundaries of the Hualapai
Reservation may only be taken into trust by the United States
for the benefit of the Hualapai Tribe by an Act of Congress--
(A) that specifically authorizes the transfer of the
land for the benefit of the Hualapai Tribe; and
(B) the date of enactment of which is after the date
of enactment of this Act.
(2) Water rights.--Any land taken into trust for the benefit
of the Hualapai Tribe under paragraph (1)--
(A) shall include water rights only under State law;
and
(B) shall not include any federally reserved water
rights.
SEC. 13. REALLOCATION OF CAP NIA PRIORITY WATER; FIRMING; WATER
DELIVERY CONTRACT; COLORADO RIVER
ACCOUNTING.
(a) <<NOTE: Effective date.>> Reallocation to the Hualapai Tribe.--
On the Enforceability Date, the Secretary shall reallocate to the
Hualapai Tribe the Hualapai Tribe CAP water.
(b) Firming.--
(1) <<NOTE: Time period.>> Hualapai tribe cap water.--
Except as provided in subsection (c)(2)(H), the Hualapai Tribe
CAP water shall be firmed as follows:
[[Page 136 STAT. 6253]]
(A) In accordance with section 105(b)(1)(B) of the
Central Arizona Project Settlement Act of 2004 (Public
Law 108-451; 118 Stat. 3492), for the 100-year period
beginning on January 1, 2008, the Secretary shall firm
557.50 AFY of the Hualapai Tribe CAP water to the
equivalent of CAP M&I priority water.
(B) In accordance with section 105(b)(2)(B) of the
Central Arizona Project Settlement Act of 2004 (Public
Law 108-451; 118 Stat. 3492), for the 100-year period
beginning on January 1, 2008, the State shall firm
557.50 AFY of the Hualapai Tribe CAP water to the
equivalent of CAP M&I priority water.
(2) Additional firming.--The Hualapai Tribe may, at the
expense of the Hualapai Tribe, take additional actions to firm
or supplement the Hualapai Tribe CAP water, including by
entering into agreements for that purpose with the Central
Arizona Water Conservation District, the Arizona Water Banking
Authority, or any other lawful authority, in accordance with
State law.
(c) Hualapai Tribe Water Delivery Contract.--
(1) In general.--In accordance with the Hualapai Tribe water
rights settlement agreement and the requirements described in
paragraph (2), the Secretary shall enter into the Hualapai Tribe
water delivery contract.
(2) Requirements.--The requirements referred to in paragraph
(1) are the following:
(A) In general.--The Hualapai Tribe water delivery
contract shall--
(i) be for permanent service (as that term is
used in section 5 of the Boulder Canyon Project
Act (43 U.S.C. 617d));
(ii) <<NOTE: Effective date.>> take effect on
the Enforceability Date; and
(iii) be without limit as to term.
(B) Hualapai tribe cap water.--
(i) In general.--The Hualapai Tribe CAP water
may be delivered for use in the lower basin in the
State through--
(I) the Hualapai Water Project; or
(II) the CAP system.
(ii) Method of delivery.--The Secretary shall
authorize the delivery of Hualapai Tribe CAP water
under this subparagraph to be effected by the
diversion and use of water directly from the
Colorado River in the State.
(C) Contractual delivery.--The Secretary shall
deliver the Hualapai Tribe CAP water to the Hualapai
Tribe in accordance with the terms and conditions of the
Hualapai Tribe water delivery contract.
(D) Distribution of cap nia priority water.--
(i) In general.--Except as provided in clause
(ii), if, for any year, the available CAP supply
is insufficient to meet all demands under CAP
contracts and CAP subcontracts for the delivery of
CAP NIA priority water, the Secretary and the CAP
operating agency shall prorate the available CAP
NIA priority water among the CAP contractors and
CAP subcontractors holding contractual
entitlements to CAP NIA priority
[[Page 136 STAT. 6254]]
water on the basis of the quantity of CAP NIA
priority water used by each such CAP contractor
and CAP subcontractor in the last year in which
the available CAP supply was sufficient to fill
all orders for CAP NIA priority water.
(ii) Exception.--
(I) In general.--Notwithstanding
clause (i), if the available CAP supply
is insufficient to meet all demands
under CAP contracts and CAP subcontracts
for the delivery of CAP NIA priority
water in the year following the year in
which the Enforceability Date occurs,
the Secretary shall assume that the
Hualapai Tribe used the full volume of
Hualapai Tribe CAP water in the last
year in which the available CAP supply
was sufficient to fill all orders for
CAP NIA priority water.
(II) Continuation.--The assumption
described in subclause (I) shall
continue until the available CAP supply
is sufficient to meet all demands under
CAP contracts and CAP subcontracts for
the delivery of CAP NIA priority water.
(III) Determination.--The Secretary
shall determine the quantity of CAP NIA
priority water used by the Gila River
Indian Community and the Tohono O'odham
Nation in the last year in which the
available CAP supply was sufficient to
fill all orders for CAP NIA priority
water in a manner consistent with the
settlement agreements with those Tribes.
(E) Leases and exchanges of hualapai tribe cap
water. <<NOTE: Effective date.>> --On and after the date
on which the Hualapai Tribe water delivery contract
becomes effective, the Hualapai Tribe may, with the
approval of the Secretary, enter into contracts or
options to lease, or contracts or options to exchange,
the Hualapai Tribe CAP water within the lower basin in
the State, and not in Navajo, Apache, or Cochise
Counties, providing for the temporary delivery to other
persons of any portion of Hualapai Tribe CAP water.
(F) Term of leases and exchanges.--
(i) Leasing.--Contracts or options to lease
under subparagraph (E) shall be for a term of not
more than 100 years.
(ii) Exchanging.--Contracts or options to
exchange under subparagraph (E) shall be for the
term provided for in the contract or option, as
applicable.
(iii) Renegotiation.--The Hualapai Tribe may,
with the approval of the Secretary, renegotiate
any lease described in subparagraph (E), at any
time during the term of the lease, if the term of
the renegotiated lease does not exceed 100 years.
(G) Prohibition on permanent alienation.--No
Hualapai Tribe CAP water may be permanently alienated.
(H) No firming of leased water.--The firming
obligations described in subsection (b)(1) shall not
apply
[[Page 136 STAT. 6255]]
to any Hualapai Tribe CAP water leased by the Hualapai
Tribe to another person.
(I) Entitlement to lease and exchange funds;
obligations of united states.--
(i) Entitlement.--
(I) In general.--The Hualapai Tribe
shall be entitled to all consideration
due to the Hualapai Tribe under any
contract to lease, option to lease,
contract to exchange, or option to
exchange the Hualapai Tribe CAP water
entered into by the Hualapai Tribe.
(II) Exclusion.--The United States
shall not, in any capacity, be entitled
to the consideration described in
subclause (I).
(ii) Obligations of united states.--The United
States shall not, in any capacity, have any trust
or other obligation to monitor, administer, or
account for, in any manner, any funds received by
the Hualapai Tribe as consideration under any
contract to lease, option to lease, contract to
exchange, or option to exchange the Hualapai Tribe
CAP water entered into by the Hualapai Tribe,
except in a case in which the Hualapai Tribe
deposits the proceeds of any lease, option to
lease, contract to exchange, or option to exchange
into an account held in trust for the Hualapai
Tribe by the United States.
(J) Water use and storage.--
(i) In general.--The Hualapai Tribe may use
the Hualapai Tribe CAP water on or off the
Hualapai Reservation within the lower basin in the
State for any purpose.
(ii) Storage.--The Hualapai Tribe, in
accordance with State law, may store the Hualapai
Tribe CAP water at 1 or more underground storage
facilities or groundwater savings facilities,
subject to the condition that, if the Hualapai
Tribe stores Hualapai Tribe CAP water that has
been firmed pursuant to subsection (b)(1), the
stored water may only be--
(I) used by the Hualapai Tribe; or
(II) exchanged by the Hualapai Tribe
for water that will be used by the
Hualapai Tribe.
(iii) Assignment.--The Hualapai Tribe, in
accordance with State law, may assign any long-
term storage credit accrued as a result of storage
described in clause (ii), subject to the condition
that the Hualapai Tribe shall not assign any long-
term storage credit accrued as a result of the
storage of Hualapai Tribe CAP water that has been
firmed pursuant to subsection (b)(1).
(K) Use outside state.--The Hualapai Tribe may not
use, lease, exchange, forbear, or otherwise transfer any
Hualapai Tribe CAP water for use directly or indirectly
outside of the lower basin in the State.
(L) Cap fixed om&r charges.--
(i) In general.--The CAP operating agency
shall be paid the CAP fixed OM&R charges
associated with the delivery of all Hualapai Tribe
CAP water.
[[Page 136 STAT. 6256]]
(ii) Payment of charges.--Except as provided
in subparagraph (O), all CAP fixed OM&R charges
associated with the delivery of the Hualapai Tribe
CAP water to the Hualapai Tribe shall be paid by--
(I) the Secretary, pursuant to
section 403(f)(2)(A) of the Colorado
River Basin Project Act (43 U.S.C.
1543(f)(2)(A)), subject to the condition
that funds for that payment are
available in the Lower Colorado River
Basin Development Fund; and
(II) if the funds described in
subclause (I) become unavailable, the
Hualapai Tribe.
(M) Cap pumping energy charges.--
(i) In general.--The CAP operating agency
shall be paid the CAP pumping energy charges
associated with the delivery of Hualapai Tribe CAP
water only in cases in which the CAP system is
used for the delivery of that water.
(ii) Payment of charges.--Except for CAP water
not delivered through the CAP system, which does
not incur a CAP pumping energy charge, or water
delivered to other persons as described in
subparagraph (O), any applicable CAP pumping
energy charges associated with the delivery of the
Hualapai Tribe CAP water shall be paid by the
Hualapai Tribe.
(N) Waiver of property tax equivalency payments.--No
property tax or in-lieu property tax equivalency shall
be due or payable by the Hualapai Tribe for the delivery
of CAP water or for the storage of CAP water in an
underground storage facility or groundwater savings
facility.
(O) Lessee responsibility for charges.--
(i) <<NOTE: Requirement.>> In general.--Any
lease or option to lease providing for the
temporary delivery to other persons of any
Hualapai Tribe CAP water shall require the lessee
to pay the CAP operating agency all CAP fixed OM&R
charges and all CAP pumping energy charges
associated with the delivery of the leased water.
(ii) No responsibility for payment.--Neither
the Hualapai Tribe nor the United States in any
capacity shall be responsible for the payment of
any charges associated with the delivery of the
Hualapai Tribe CAP water leased to other persons.
(P) Advance payment.--No Hualapai Tribe CAP water
shall be delivered unless the CAP fixed OM&R charges and
any applicable CAP pumping energy charges associated
with the delivery of that water have been paid in
advance.
(Q) Calculation.--The charges for delivery of the
Hualapai Tribe CAP water pursuant to the Hualapai Tribe
water delivery contract shall be calculated in
accordance with the CAP repayment stipulation.
(R) Cap repayment.--For purposes of determining the
allocation and repayment of costs of any stages of the
CAP system constructed after November 21, 2007, the
costs associated with the delivery of the Hualapai Tribe
CAP water, regardless of whether the Hualapai Tribe CAP
water is delivered for use by the Hualapai Tribe or in
accordance
[[Page 136 STAT. 6257]]
with any lease, option to lease, exchange, or option to
exchange providing for the delivery to other persons of
the Hualapai Tribe CAP water, shall be--
(i) nonreimbursable; and
(ii) excluded from the repayment obligation of
the Central Arizona Water Conservation District.
(S) Nonreimbursable cap construction costs.--
(i) In general.--With respect to the costs
associated with the construction of the CAP system
allocable to the Hualapai Tribe--
(I) the costs shall be
nonreimbursable; and
(II) the Hualapai Tribe shall have
no repayment obligation for the costs.
(ii) Capital charges.--No CAP water service
capital charges shall be due or payable for the
Hualapai Tribe CAP water, regardless of whether
the Hualapai Tribe CAP water is delivered--
(I) for use by the Hualapai Tribe;
or
(II) under any lease, option to
lease, exchange, or option to exchange
entered into by the Hualapai Tribe.
(d) Colorado River Accounting.--All Hualapai Tribe CAP water
diverted directly from the Colorado River shall be accounted for as
deliveries of CAP water within the State.
SEC. 14. <<NOTE: Deadline.>> ENFORCEABILITY DATE.
(a) <<NOTE: Federal Register, publication. Statement.>> In
General.--Except as provided in subsection (d), the Hualapai Tribe water
rights settlement agreement, including the waivers and releases of
claims described in section 9, shall take effect and be fully
enforceable on the date on which the Secretary publishes in the Federal
Register a statement of findings that--
(1) to the extent the Hualapai Tribe water rights settlement
agreement conflicts with this Act--
(A) the Hualapai Tribe water rights settlement
agreement has been revised through an amendment to
eliminate the conflict; and
(B) the revised Hualapai Tribe water rights
settlement agreement, including any exhibits requiring
execution by any party to the Hualapai Tribe water
rights settlement agreement, has been executed by the
required party;
(2) the waivers and releases of claims described in section
9 have been executed by the Hualapai Tribe and the United
States;
(3) the abstracts referred to in subparagraphs 4.8.1.2,
4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights
settlement agreement have been completed by the Hualapai Tribe;
(4) the full amount described in section 7(a)(1), as
adjusted by section 7(b), has been deposited in the Hualapai
Water Trust Fund Account;
(5) the Gila River adjudication decree has been approved by
the Gila River adjudication court substantially in the form of
the judgment and decree attached to the Hualapai Tribe water
rights settlement agreement as Exhibit 3.1.43, as amended to
ensure consistency with this Act; and
(6) the Secretary has executed the Hualapai Tribe water
delivery contract described in section 13(c).
(b) Repeal on Failure To Meet Enforceability Date.--
[[Page 136 STAT. 6258]]
(1) In general.--Except as provided in paragraph (2), if the
Secretary fails to publish in the Federal Register a statement
of findings under subsection (a) by April 15, 2029, or such
alternative later date as may be agreed to by the Hualapai
Tribe, the Secretary, and the State--
(A) this Act is repealed;
(B) any action taken by the Secretary and any
contract or agreement entered into pursuant to this Act
shall be void; and
(C) any amounts appropriated under section 7,
together with any investment earnings on those amounts,
less any amounts expended under section 6(a)(4)(B),
shall revert immediately to the general fund of the
Treasury.
(2) Severability.--Notwithstanding paragraph (1), if the
Secretary fails to publish in the Federal Register a statement
of findings under subsection (a) by April 15, 2029, or such
alternative later date as may be agreed to by the Hualapai
Tribe, the Secretary, and the State, section 11 and subsections
(a), (b), (c), and (d) of section 12 shall remain in effect.
(c) Right To Offset.--If the Secretary has not published in the
Federal Register the statement of findings under subsection (a) by April
15, 2029, or such alternative later date as may be agreed to by the
Hualapai Tribe, the Secretary, and the State, the United States shall be
entitled to offset any Federal amounts made available under section
6(a)(4)(B) that were used or authorized for any use under that section
against any claim asserted by the Hualapai Tribe against the United
States described in section 9(a)(2)(A).
(d) Bill Williams River Phase 2 Enforceability Date.--
Notwithstanding any other provision of this Act, the Bill Williams River
phase 2 water rights settlement agreement (including the waivers and
releases described in section 9(d) of this Act and section 5 of the Bill
Williams River phase 2 water rights settlement agreement) shall take
effect and become enforceable among the parties to the Bill Williams
River phase 2 water rights settlement agreement on the date on which all
of the following conditions have occurred:
(1) The Hualapai Tribe water rights settlement agreement
becomes enforceable pursuant to subsection (a).
(2) Freeport has submitted to the Arizona Department of
Water Resources a conditional withdrawal of any objection to the
Bill Williams River watershed instream flow applications
pursuant to section 4.4(i) of the Bill Williams River phase 2
water rights settlement agreement, which withdrawal shall take
effect on the Bill Williams River Phase 2 Enforceability Date
described in this subsection.
(3) Not later than the Enforceability Date, the Arizona
Department of Water Resources has issued an appealable,
conditional decision and order for the Bill Williams River
watershed instream flow applications pursuant to section
4.4(iii) of the Bill Williams River phase 2 water rights
settlement agreement, which order shall become nonconditional
and effective on the Bill Williams River Phase 2 Enforceability
Date described in this subsection.
(4) The conditional decision and order described in
paragraph (3)--
(A) becomes final; and
[[Page 136 STAT. 6259]]
(B) is not subject to any further appeal.
SEC. 15. ADMINISTRATION.
(a) Limited Waiver of Sovereign Immunity.--
(1) Waiver.--
(A) In general.--In any circumstance described in
paragraph (2)--
(i) the United States or the Hualapai Tribe
may be joined in the action described in the
applicable subparagraph of that paragraph; and
(ii) subject to subparagraph (B), any claim by
the United States or the Hualapai Tribe to
sovereign immunity from the action is waived.
(B) Limitation.--A waiver under subparagraph
(A)(ii)--
(i) shall only be for the limited and sole
purpose of the interpretation or enforcement of--
(I) this Act;
(II) the Hualapai Tribe water rights
settlement agreement, as ratified by
this Act; or
(III) the Bill Williams River phase
2 water right settlement agreement, as
ratified by this Act; and
(ii) shall not include any award against the
United States or the Hualapai Tribe for money
damages, court costs, or attorney fees.
(2) Circumstances described.--A circumstance referred to in
paragraph (1)(A) is any of the following:
(A) Any party to the Hualapai Tribe water rights
settlement agreement--
(i) brings an action in any court of competent
jurisdiction relating only and directly to the
interpretation or enforcement of--
(I) this Act; or
(II) the Hualapai Tribe water rights
settlement agreement; and
(ii) names the United States or the Hualapai
Tribe as a party in that action.
(B) Any landowner or water user in the Verde River
Watershed--
(i) brings an action in any court of competent
jurisdiction relating only and directly to the
interpretation or enforcement of--
(I) paragraph 10.0 of the Hualapai
Tribe water rights settlement agreement;
(II) Exhibit 3.1.43 to the Hualapai
Tribe water rights settlement agreement;
or
(III) section 9; and
(ii) names the United States or the Hualapai
Tribe as a party in that action.
(C) Any party to the Bill Williams River phase 2
settlement agreement--
(i) brings an action in any court of competent
jurisdiction relating only and directly to the
interpretation or enforcement of--
(I) this Act; or
[[Page 136 STAT. 6260]]
(II) the Bill Williams River phase 2
settlement agreement; and
(ii) names the United States or the Hualapai
Tribe as a party in that action.
(b) Effect on Current Law.--Nothing in this section alters the law
with respect to pre-enforcement review of Federal environmental or
safety-related enforcement actions.
(c) Basin Groundwater Withdrawal Estimates.--
(1) Groundwater withdrawal estimates.--
(A) <<NOTE: Deadline.>> In general.--Not later than
1 year of the date of enactment of this Act, the
Secretary, acting through the United States Geological
Survey Water Use Program, shall issue an estimate for
groundwater withdrawals in the Truxton Basin outside the
boundaries of the Hualapai Reservation.
(B) <<NOTE: Determination.>> Annual estimates.--
Each year after publication of the initial estimate
required by subparagraph (A), the Secretary, acting
through the United States Geological Survey Water Use
Program, shall issue an estimate for groundwater
withdrawals in the Truxton Basin outside the boundaries
of the Hualapai Reservation until such time as the
Secretary, after consultation with the Hualapai Tribe,
determines that annual estimates are not warranted.
(2) Notice to the state.--Based on the estimates under
paragraph (1), the Secretary shall notify the State, in writing,
if the total withdrawal of groundwater from the Truxton Basin
outside the boundaries of the Hualapai Reservation exceeds the
estimate prepared pursuant to that paragraph by 3,000 or more
AFY, exclusive of any diversion or use of groundwater on
Hualapai fee land and any land acquired by the Hualapai Tribe,
including by a tribally owned corporation, in fee after the
Enforceability Date.
(d) Antideficiency.--Notwithstanding any authorization of
appropriations to carry out this Act, the United States shall not be
liable for any failure of the United States to carry out any obligation
or activity authorized by this Act (including all agreements or exhibits
ratified or confirmed by this Act) if--
(1) adequate appropriations are not provided expressly by
Congress to carry out the purposes of this Act; or
(2) there are not enough monies available to carry out this
Act in the Lower Colorado River Basin Development Fund.
(e) Application of Reclamation Reform Act of 1982.--The Reclamation
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage
limitation or full-cost pricing provision of Federal law shall not apply
to any person, entity, or tract of land solely on the basis of--
(1) receipt of any benefit under this Act;
(2) execution or performance of this Act; or
(3) the use, storage, delivery, lease, or exchange of CAP
water.
(f) Effect.--
(1) No modification or preemption of other law.--Unless
expressly provided in this Act, nothing in this Act modifies,
conflicts with, preempts, or otherwise affects--
(A) the Boulder Canyon Project Act (43 U.S.C. 617 et
seq.);
[[Page 136 STAT. 6261]]
(B) the Boulder Canyon Project Adjustment Act (43
U.S.C. 618 et seq.);
(C) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620
et seq.);
(D) the Colorado River Basin Project Act (Public Law
90-537; 82 Stat. 885);
(E) the Treaty between the United States of America
and Mexico respecting utilization of waters of the
Colorado and Tijuana Rivers and of the Rio Grande,
signed at Washington February 3, 1944 (59 Stat. 1219);
(F) the Colorado River Compact;
(G) the Upper Colorado River Basin Compact;
(H) the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 991); or
(I) case law concerning water rights in the Colorado
River system other than any case to enforce the Hualapai
Tribe water rights settlement agreement or this Act.
(2) Effect on agreements.--Nothing in this Act or the
Hualapai Tribe water rights settlement agreement limits the
right of the Hualapai Tribe to enter into any agreement for the
storage or banking of water in accordance with State law with--
(A) the Arizona Water Banking Authority (or a
successor agency or entity); or
(B) any other lawful authority.
(3) Effect of act.--Nothing in this Act--
(A) quantifies or otherwise affects the water
rights, claims, or entitlements to water of any Indian
Tribe other than the Hualapai Tribe;
(B) affects the ability of the United States to take
action on behalf of any Indian Tribe other than the
Hualapai Tribe, the members of the Hualapai Tribe, and
the allottees; or
(C) limits the right of the Hualapai Tribe to use
any water of the Hualapai Tribe in any location on the
Hualapai Reservation.
Approved January 5, 2023.
LEGISLATIVE HISTORY--S. 4104:
---------------------------------------------------------------------------
SENATE REPORTS: No. 117-287 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 168 (2022):
Dec. 19, considered and passed Senate.
Dec. 21, 22, considered and passed House.
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