Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012 - Approves, and directs the Secretary of the Interior to execute, the Navajo-Hopi Little Colorado River Water Rights Settlement Agreement, except to the extent that it conflicts with this Act.
Requires all water rights of the Navajo Nation and the Hopi Tribe to be held in trust for the Nation, the Tribe, and their allottees.
Directs the Bureau of Reclamation, subject to the availability of appropriations, to plan, design, and construct: (1) the Leupp-Dilkon Groundwater Project and the Ganado Groundwater Project for transfer to the Navajo Nation, and (2) the Hopi Groundwater Project for transfer to the Hopi Tribe.
Releases the federal government from any obligation to cover the operation, maintenance, and replacement costs of the projects after title to the projects is transferred and certain amounts are deposited in trust accounts for such costs.
Authorizes the Navajo Nation, Hopi Tribe, and federal government to waive and release specified claims pursuant to the Agreement. States that the parties retain all rights not expressly waived.
Provides that, except as provided in the Agreement, benefits realized by the Navajo Nation, the Hopi Tribe, and their allottees under the Agreement and this Act are in full satisfaction of their claims for water rights, injury to water rights, and injury to water quality with respect to their lands or allotments.
Amends the Navajo-Hopi Land Dispute Settlement Act of 1996 to authorize the Secretary to allow the Hopi Tribe to enter into a service agreement for the temporary delivery, use, or transfer of groundwater from newly acquired trust land within 20 miles of Winslow, Arizona, for use in that city or on nearby Hopi fee land.
Limits the water rights of lands taken into trust for the Navajo Nation or Hopi Tribe after this Act's enactment to those rights provided under the Agreement, the Navajo-Hopi Land Dispute Settlement Act of 1996, and this Act, unless additional rights are established in a subsequent Act.
Designates the Schoens Lake, Schoens Dam, and Schoens Reservoir, located on Show Low Creek in Navajo County, Arizona, as the Pete Shumway Dam and Reservoir.
Prohibits execution of the Agreement from being considered a major federal action necessitating the preparation of a detailed environmental impact statement.
Directs the Secretary, after specified conditions are met, to reallocate to the Navajo Nation certain Central Arizona Project (CAP) water pursuant to a delivery contract that effects the delivery that water through its diversion and use from the San Juan River. Authorizes the delivery of that water through the Navajo-Gallup water supply project.
Authorizes the Secretary to allow the Navajo Nation to enter into leases and exchanges of that water within Arizona; otherwise the water is to be used on Navajo lands within Arizona.
Directs the Secretary to retain certain water for use in future settlements of the claims of the Navaho Nation and Hopi Tribe to Lower Colorado River water.
Authorizes funding for the completion of feasibility investigations of the Western Navajo Pipeline component of the North Central Arizona Water Supply Study.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2109 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 2109
To approve the settlement of water rights claims of the Navajo Nation,
the Hopi Tribe, and the allottees of the Navajo Nation and Hopi Tribe
in the State of Arizona, to authorize construction of municipal water
projects relating to the water rights claims, to resolve litigation
against the United States concerning Colorado River operations
affecting the States of California, Arizona, and Nevada, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 14, 2012
Mr. Kyl (for himself and Mr. McCain) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To approve the settlement of water rights claims of the Navajo Nation,
the Hopi Tribe, and the allottees of the Navajo Nation and Hopi Tribe
in the State of Arizona, to authorize construction of municipal water
projects relating to the water rights claims, to resolve litigation
against the United States concerning Colorado River operations
affecting the States of California, Arizona, and Nevada, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Navajo-Hopi Little
Colorado River Water Rights Settlement Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
TITLE I--NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT
AGREEMENT
Sec. 101. Ratification and execution of the Navajo-Hopi Little Colorado
River water rights settlement agreement.
Sec. 102. Water rights.
Sec. 103. Authorization for construction of municipal, domestic,
commercial, and industrial water projects.
Sec. 104. Funding.
Sec. 105. Waivers, releases, and retentions of claims.
Sec. 106. Satisfaction of water rights and other benefits.
Sec. 107. After-acquired trust land.
Sec. 108. Enforceability date.
Sec. 109. Administration.
Sec. 110. Environmental compliance.
TITLE II--CENTRAL ARIZONA PROJECT WATER
Sec. 201. Conditions for reallocation of CAP NIA priority water.
Sec. 202. Reallocation of CAP NIA priority water, firming, water
delivery contract.
Sec. 203. Colorado River accounting.
Sec. 204. No modification of existing laws.
Sec. 205. Amendments.
Sec. 206. Retention of Lower Colorado River water for future Lower
Colorado River settlement.
Sec. 207. Authorization of appropriations for feasibility study.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is the policy of the United States, in keeping with
the trust responsibility of the United States to Indian tribes,
to settle Indian water rights claims whenever possible without
lengthy and costly litigation;
(2) the water rights settlements described in paragraph (1)
typically require congressional review and approval;
(3) the Navajo Nation and the United States, acting as
trustee for the Navajo Nation and allottees of the Navajo
Nation, claim the right to an unquantified amount of water from
the Little Colorado River system and source;
(4) the Navajo Nation claims the right to an unquantified
amount of water from the lower basin of the Colorado River and
has challenged the legality of the Colorado River Interim
Surplus Guidelines, the Colorado River Quantification
Settlement Agreement of the State of California, interstate
water banking regulations, and Central Arizona Project water
deliveries;
(5) the defendants in the action described in paragraph (4)
include--
(A) the Department of the Interior, including the
Bureau of Reclamation and the Bureau of Indian Affairs,
and
(B) intervenor-defendants, including--
(i) the Southern Nevada Water Authority;
(ii) the Colorado River Commission of
Nevada;
(iii) the State of Arizona;
(iv) the State of Nevada;
(v) the Central Arizona Water Conservation
District;
(vi) the Southern California Metropolitan
Water District;
(vii) the Imperial Irrigation District;
(viii) the Coachella Valley Water District;
(ix) the Arizona Power Authority;
(x) the Salt River Project Agricultural
Improvement and Power District; and
(xi) the Salt River Valley Water Users
Association;
(6) the Hopi Tribe and the United States, acting as trustee
for the Hopi Tribe and allottees of the Hopi Tribe, claim the
right to an unquantified amount of water from the Little
Colorado River system and source; and
(7) consistent with the policy of the United States, this
Act settles the water rights claims of the Navajo Nation,
allottees of the Navajo Nation, the Hopi Tribe, and allottees
of the Hopi Tribe by providing drinking water infrastructure to
the Navajo Nation and the Hopi Tribe in exchange for limiting
the legal exposure and litigation expenses of the United
States, the States of Arizona and Nevada, and agricultural,
municipal, and industrial water users in the States of Arizona,
Nevada, and California.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to resolve, fully and finally--
(A) any and all claims to the Little Colorado River
system and source in the State of Arizona of--
(i) the Navajo Nation, on behalf of itself
and the members of the Navajo Nation;
(ii) the United States, acting as trustee
for the Navajo Nation, the members of the
Navajo Nation, and allottees of the Navajo
Nation;
(iii) the Hopi Tribe, on behalf of itself
and the members of the Hopi Tribe; and
(iv) the United States, acting as trustee
for the Hopi Tribe, the members of the Hopi
Tribe, and allottees of the Hopi Tribe; and
(B) any and all claims to the Gila River system and
source in the State of Arizona of the Navajo Nation, on
behalf of itself and the members of the Navajo Nation;
(2) to approve, ratify, and confirm the settlement
agreement entered into among the Navajo Nation, the Hopi Tribe,
the United States, the State of Arizona, and any other party;
(3) to authorize and direct the Secretary to execute and
perform the duties and obligations of the Secretary under the
settlement agreement and this Act; and
(4) to authorize any actions and appropriations necessary
for the United States to fulfill the duties and obligations of
the United States to the Navajo Nation, allottees of the Navajo
Nation, the Hopi Tribe, and allottees of the Hopi Tribe, as
provided in the settlement agreement and this Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) 1934 act case.--The term ``1934 Act case'' means the
litigation styled Honyoama v. Shirley, Case No. CIV 74-842-PHX-
EHC (D. Ariz. 2006).
(2) Abstract.--The term ``abstract'' means a summary of
water rights or uses held or owned by any person, as
represented in a form substantially similar to the form
attached as exhibit 3.1.4 to the settlement agreement.
(3) Afy.--The term ``afy'' means acre-feet per year.
(4) Allotment.--The term ``allotment'' means an allotment
that--
(A) was originally allotted to an individual
identified as a Navajo or Hopi Indian in the allotting
document;
(B) is located--
(i) within the exterior boundaries of the
Navajo Reservation;
(ii) within the exterior boundaries of the
Hopi Reservation; or
(iii) on land that is--
(I) off-reservation land; and
(II) within Apache, Coconino, or
Navajo County, in the State; and
(C) is held in trust by the United States for the
benefit of an allottee.
(5) Allottee.--The term ``allottee'' means a person who
holds a beneficial real property interest in an allotment.
(6) Available cap supply.--The term ``available CAP
supply'' means, for any given year--
(A) all fourth priority Colorado River water
available for delivery through the CAP system;
(B) water available from CAP dams and reservoirs
other than Modified Roosevelt Dam; and
(C) return flows captured by the Secretary for CAP
use.
(7) CAP contract.--The term ``CAP contract'' means a long-
term contract or subcontract, as those terms are used in the
CAP repayment stipulation, for delivery of CAP water.
(8) CAP contractor.--The term ``CAP contractor'' means a
person or entity that has entered into a long-term contract or
subcontract (as those terms are used in the CAP repayment
stipulation) with the United States or the United States and
the Central Arizona Water Conservation District for delivery of
water through the CAP system.
(9) CAP fixed om&r charge.--The term ``CAP fixed OM&R
charge'' means ``Fixed OM&R Charge'', as that term is defined
in the CAP repayment stipulation.
(10) CAP m&i priority water.--The term ``CAP M&I priority
water'' means the CAP water that has a municipal and industrial
delivery priority under the CAP repayment contract.
(11) CAP nia priority water.--The term ``CAP NIA priority
water'' means the CAP water deliverable under a CAP contract
providing for the delivery of non-Indian agricultural priority
water.
(12) CAP operating agency.--
(A) In general.--The term ``CAP operating agency''
has the meaning given the term in section 2 of the
Arizona Water Settlements Act (Public Law 108-451; 118
Stat. 3478).
(B) Administration.--As of the date of enactment of
this Act, the ``CAP operating agency'' is the Central
Arizona Water Conservation District.
(13) Cap pumping energy charge.--The term ``CAP pumping
energy charge'' means ``Pumping Energy Charge'', as that term
is defined in the CAP repayment stipulation.
(14) CAP repayment contract.--The term ``CAP repayment
contract'' has the meaning given the term in section 2 of the
Arizona Water Settlements Act (Public Law 108-451; 118 Stat.
3478).
(15) CAP repayment stipulation.--The term ``CAP repayment
stipulation'' means the Stipulated Judgment and the Stipulation
for Judgment (including exhibits), entered on November 21,
2007, in the case styled Central Arizona Water Conservation
District v. United States, et al., No. CIV 95-625-TUC-WDB
(EHC), No. CIV 95-1720-PHX-EHC (Consolidated Action), United
States District Court for the District of Arizona (including
any amendments or revisions).
(16) CAP system.--The term ``CAP system'' has the meaning
given the term in section 2 of the Arizona Water Settlements
Act (Public Law 108-451; 118 Stat. 3478).
(17) CAP water.--The term ``CAP water'' means ``Project
Water'', as that term is defined in the CAP repayment
stipulation.
(18) Central arizona project or cap.--The term ``Central
Arizona Project'' or ``CAP'' means the Federal reclamation
project authorized and constructed by the United States in
accordance with title III of the Colorado River Basin Project
Act (43 U.S.C. 1521 et seq.).
(19) 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.
(20) 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.
(21) Colorado river system.--The term ``Colorado River
system'' has the meaning given the term in article II(a) of the
Colorado River Compact.
(22) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(23) Decree.--The term ``decree'', when used without a
modifying adjective, means--
(A) the decree of the Supreme Court in the case
styled Arizona v. California (376 U.S. 340 (1964));
(B) the Consolidated Decree entered on March 27,
2006 (547 U.S. 150), in the case described in
subparagraph (A); and
(C) any modifications to the decrees described in
subparagraphs (A) and (B).
(24) Divert.--The term ``divert'' means to receive,
withdraw, develop, produce, or capture groundwater, surface
water, Navajo Nation CAP water, or effluent by means of a
ditch, canal, flume, bypass, pipeline, pit, collection or
infiltration gallery, conduit, well, pump, turnout, other
mechanical device, or any other human act, including the
initial impoundment of that water.
(25) Effluent.--
(A) In general.--The term ``effluent'' means water
that--
(i) has been used in the State for
domestic, municipal, or industrial purposes;
and
(ii) is available for use for any purpose.
(B) Exclusion.--The term ``effluent'' does not
include water that has been used solely for hydropower
generation.
(26) Fourth priority colorado river water.--The term
``fourth priority Colorado River water'' means Colorado River
water that is available for delivery in the State for
satisfaction of entitlements--
(A) pursuant to contracts, Secretarial
reservations, perfected rights, and other arrangements
between the United States and water users in the State
entered into or established subsequent to September 30,
1968, for use on Federal, State, or privately owned
land in the State, in a total quantity that does not
exceed 164,652 afy of diversions; and
(B) after first providing for the delivery of water
under section 304(e) of the Colorado River Basin
Project Act (43 U.S.C. 1524(e)), pursuant to the CAP
repayment contract for the delivery of Colorado River
water for the CAP, including use of Colorado River
water on Indian land.
(27) Gila river adjudication.--The term ``Gila River
adjudication'' means the action pending in the Superior Court
of the State of Arizona in and for the County of Maricopa
styled 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).
(28) Gila river adjudication court.--The term ``Gila River
adjudication court'' means the Superior Court of the State of
Arizona in and for the County of Maricopa, exercising
jurisdiction over the Gila River adjudication.
(29) Gila river adjudication decree.--The term ``Gila River
adjudication decree'' means the judgment or decree entered by
the Gila River adjudication court, which shall be in
substantially the same form as the form of judgment attached to
the settlement agreement as exhibit 3.1.49.
(30) Groundwater.--The term ``groundwater'' means all water
beneath the surface of the earth within the State that is not--
(A) surface water;
(B) underground water within the Upper Basin;
(C) Lower Colorado River water; or
(D) effluent.
(31) Hopi fee land.--The term ``Hopi fee land'' means land,
other than Hopi trust land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the Hopi Reservation; and
(C) as of the LCR enforceability date, is owned by
the Hopi Tribe, including ownership through a related
entity.
(32) Hopi groundwater project.--The term ``Hopi Groundwater
Project'' means the project carried out in accordance with
section 103(b).
(33) Hopi groundwater project account.--The term ``Hopi
Groundwater Project Account'' means the account created in the
Treasury of the United States pursuant to section 104(c).
(34) Hopi land.--The term ``Hopi land'' means--
(A) the Hopi Reservation;
(B) Hopi trust land; and
(C) Hopi fee land.
(35) Hopi om&r trust account.--The term ``Hopi OM&R Trust
Account'' means the account created in the Treasury of the
United States pursuant to section 104(d).
(36) Hopi reservation.--
(A) In general.--The term ``Hopi Reservation''
means the land within the exterior boundaries of the
Hopi Reservation, including--
(i) all land withdrawn by the Executive
Order dated December 16, 1882, and in which the
Hopi Tribe is recognized as having an exclusive
interest in the case styled Healing v. Jones,
Case No. CIV-579 (D. Ariz. September 28, 1962),
or that was partitioned to the Hopi Tribe in
accordance with section 4 of the Act of
December 22, 1974 (Public Law 93-531; 88 Stat.
1713), and codified in the Navajo-Hopi Land
Dispute Settlement Act of 1996 (25 U.S.C. 640d
note; Public Law 104-301);
(ii) all land partitioned to the Hopi Tribe
by Judgment of Partition, dated February 10,
1977, in the case styled Sekaquaptewa v.
MacDonald, Case No. CIV-579-PCT-JAW (D. Ariz.);
(iii) all land recognized as part of the
Hopi Reservation in the 1934 Act case; and
(iv) all individual allotments made to
members of the Hopi Tribe within the boundaries
of the Hopi Reservation.
(B) Map.--
(i) In general.--The ``Hopi Reservation''
is also depicted more particularly on the map
attached to the settlement agreement as exhibit
3.1.100.
(ii) Applicability.--In case of a conflict
relating to the ``Hopi Reservation'' as
depicted on the map under clause (i) and the
definition in subparagraph (A), the definition
under subparagraph (A) shall control.
(C) Exclusion.--The term ``Hopi Reservation'' does
not include any land held in trust by the United States
for the benefit of the Navajo Nation within the
exterior boundaries of the Hopi Reservation.
(37) Hopi tribe.--The term ``Hopi Tribe'' means the Hopi
Tribe, a Tribe of Hopi Indians organized under section 16 of
the Act of June 18, 1934 (25 U.S.C. 476) (commonly known as the
``Indian Reorganization Act'').
(38) Hopi trust land.--The term ``Hopi trust land'' means
land that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the Hopi Reservation; and
(C) as of the LCR enforceability date, is held in
trust by the United States for the benefit of the Hopi
Tribe.
(39) 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. 450b).
(40) Injury to quality of lower colorado river water.--The
term ``injury to quality of Lower Colorado River water''
means--
(A) any diminution or degradation of the quality of
Lower Colorado River water due to a change in the
salinity or concentration of naturally occurring
chemical constituents of Lower Colorado River water;
and
(B) any effect of a change described in
subparagraph (A) if the change and effect of the change
are due to the withdrawal, diversion, or use of Lower
Colorado River water.
(41) Injury to rights to lower colorado river water.--The
term ``injury to rights to Lower Colorado River water'' means
any interference with, diminution of, or deprivation of the
right of any entity to Lower Colorado River water under
applicable law.
(42) Injury to water quality.--The term ``injury to water
quality'' means--
(A) any diminution or degradation of the quality of
water due to a change in the salinity or concentration
of naturally occurring chemical constituents of water;
and
(B) any effect of a change described in
subparagraph (A) if the change and effect of the change
are due to the withdrawal, diversion, or use of water.
(43) Injury to water rights.--The term ``injury to water
rights'' means an interference with, diminution of, or
deprivation of, water rights under applicable law.
(44) LCR.--The term ``LCR'' means the Little Colorado
River, a tributary of the Colorado River in Arizona.
(45) LCR adjudication.--The term ``LCR adjudication'' means
the action pending in the Superior Court of the State of
Arizona in and for the County of Apache styled In Re the
General Adjudication of All Rights To Use Water In The Little
Colorado River System and Source, CIV No. 6417.
(46) LCR adjudication court.--The term ``LCR adjudication
court'' means the Superior Court of the State of Arizona in and
for the County of Apache, exercising jurisdiction over the LCR
adjudication.
(47) LCR decree.--The term ``LCR decree'' means the
judgment and decree entered by the LCR adjudication court,
which shall be in substantially the same form as the form of
judgment attached to the settlement agreement as exhibit
3.1.70.
(48) LCR enforceability date.--The term ``LCR
enforceability date'' means the date on which the Secretary
publishes in the Federal Register the statement of findings
described in section 108(a).
(49) LCR watershed.--The term ``LCR watershed'' means all
land located within the surface water drainage of the LCR and
the tributaries of the LCR in the State.
(50) Lee ferry.--The term ``Lee Ferry'' has the meaning
given the term in article II(e) of the Colorado River Compact.
(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.--The term ``Lower Colorado
River'' means the portion of the Colorado River that is in the
United States and downstream from Lee Ferry, including any
reservoirs on that portion of the Colorado River.
(53) Lower colorado river basin development fund.--The term
``Lower Colorado River Basin Development Fund'' means the fund
established by section 403 of the Colorado River Basin Project
Act (43 U.S.C. 1543).
(54) Lower colorado river water.--
(A) In general.--The term ``Lower Colorado River
water'' means the waters of the Lower Colorado River,
including--
(i) the waters of the reservoirs on the
Lower Colorado River;
(ii) the waters of the tributaries to the
Lower Colorado River, other than--
(I) tributaries located within the
State;
(II) tributaries located within the
Western Navajo Colorado River Basin; or
(III) tributaries of the LCR in the
State of New Mexico;
(iii) all underground water that is
hydraulically connected to the Lower Colorado
River; and
(iv) all underground water that is
hydraulically connected to tributaries to the
Lower Colorado River, other than--
(I) tributaries located within the
State;
(II) tributaries located within the
Western Navajo Colorado River Basin; or
(III) tributaries of the LCR in the
State of New Mexico.
(B) Applicability.--The definition of the term
``Lower Colorado River water'' in subparagraph (A) and
any definition of the term included in the settlement
agreement--
(i) shall apply only to this Act and the
settlement agreement, as applicable; and
(ii) shall not be used in any
interpretation of--
(I) the Colorado River Compact;
(II) the Boulder Canyon Project Act
(43 U.S.C. 617 et seq.);
(III) the Colorado River Basin
Project Act (43 U.S.C. 1501 et seq.);
or
(IV) any contract or agreement
entered into pursuant to the documents
described in subclauses (I) through
(III).
(55) Navajo fee land.--The term ``Navajo fee land'' means
land, other than Navajo trust land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the Navajo Reservation; and
(C) as of the LCR enforceability date, is owned by
the Navajo Nation, including through a related entity.
(56) Navajo-gallup water supply project.--The term
``Navajo-Gallup water supply project'' means the project
authorized, constructed, and operated pursuant to the
Northwestern New Mexico Rural Water Projects Act (Public Law
111-11; 123 Stat. 1368).
(57) Navajo generating station.--The term ``Navajo
generating station'' means the Navajo generating station, a
steam electric generating station located on the Navajo
Reservation near Page, Arizona, and consisting of Units 1, 2,
and 3, the switchyard facilities, and all facilities and
structures used or related to the Navajo generating station.
(58) Navajo groundwater projects.--The term ``Navajo
Groundwater Projects'' means the projects carried out in
accordance with section 103(a).
(59) Navajo groundwater projects account.--The term
``Navajo Groundwater Projects Account'' means the account
created in the Treasury of the United States pursuant to
section 104(a).
(60) Navajo land.--The term ``Navajo land'' means--
(A) the Navajo Reservation;
(B) Navajo trust land; and
(C) Navajo fee land.
(61) Navajo nation.--
(A) In general.--The term ``Navajo Nation'' means
the Navajo Nation, a body politic and federally
recognized Indian nation, as provided in the notice of
the Department of the Interior entitled ``Indian
Entities Recognized and Eligible To Receive Services
From The United States Bureau of Indian Affairs'' (75
Fed. Reg. 60810 (October 1, 2010)) published pursuant
to section 104 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a-1).
(B) Inclusions.--
(i) In general.--The term ``Navajo Nation''
includes--
(I) the Navajo Tribe;
(II) the Navajo Tribe of Arizona,
New Mexico & Utah;
(III) the Navajo Tribe of Indians;
and
(IV) other similar names.
(ii) Bands and chapters.--The term ``Navajo
Nation'' includes all bands of Navajo Indians
and chapters of the Navajo Nation.
(62) Navajo nation cap water.--The term ``Navajo Nation CAP
water'' means the 6,411 afy of the CAP NIA priority water
retained by the Secretary pursuant to section 104(a)(1)(B)(ii)
of the Arizona Water Settlements Act of 2004 (Public Law 108-
451; 118 Stat. 3487) and reallocated to the Navajo Nation
pursuant to section 202(a) of this Act.
(63) Navajo nation water delivery contract.--The term
``Navajo Nation water delivery contract'' means the contract
entered into pursuant to the settlement agreement and section
202(c) of this Act for the delivery of Navajo Nation CAP water.
(64) Navajo om&r trust account.--The term ``Navajo OM&R
Trust Account'' means the account created in the Treasury of
the United States pursuant to section 104(b).
(65) Navajo project lease.--The term ``Navajo Project
lease'' means the Indenture of Lease made and entered into on
September 29, 1969, between--
(A) the Navajo Nation, as lessor; and
(B) lessees--
(i) the Arizona Public Service Company
(including any successor or assignee);
(ii) the Department of Water and Power of
the City of Los Angeles (including any
successor or assignee);
(iii) the Nevada Power Company (including
any successor or assignee);
(iv) the Salt River Project Agricultural
Improvement and Power District (including any
successor or assignee); and
(v) the Tucson Gas & Electric Company
(including any successor or assignee).
(66) Navajo project lessees.--The term ``Navajo Project
lessees'' means the lessees described in paragraph (65)(B).
(67) Navajo reservation.--
(A) In general.--The term ``Navajo Reservation''
means land that is within the exterior boundaries of
the Navajo Reservation in the State, as defined by the
Act of June 14, 1934 (48 Stat. 960, chapter 521),
including--
(i) all land--
(I) withdrawn by the Executive
Order dated December 16, 1882, and
partitioned to the Navajo Nation in
accordance with the Act of December 22,
1974 (Public Law 93-531; 88 Stat.
1713), and codified in the Navajo-Hopi
Land Dispute Settlement Act of 1996 (25
U.S.C. 640d note; Public Law 104-301);
and
(II) partitioned to the Navajo
Nation by Judgment of Partition, dated
February 10, 1977, in the case styled
Sekaquaptewa v. MacDonald, Case No.
CIV-579-PCT-JAW (D. Ariz.); and
(ii) all land taken into trust as a part of
the Navajo Reservation pursuant to section 11
of the Act of December 22, 1974 (25 U.S.C.
640d-10) and codified in the Navajo-Hopi Land
Dispute Settlement Act of 1996 (25 U.S.C. 640d
note; Public Law 104-301).
(B) Map.--
(i) In general.--The ``Navajo Reservation''
is also depicted more particularly on the map
attached to the settlement agreement as exhibit
3.1.100.
(ii) Applicability.--In case of a conflict
relating to the ``Navajo Reservation'' as
depicted on the map under clause (i) and the
definition in subparagraph (A), the map under
clause (i) shall control.
(C) Exclusion.--Except as provided in paragraph
(36)(C), the term ``Navajo Reservation'' does not
include any land within the boundaries of the Hopi
Reservation.
(68) Navajo trust land.--The term ``Navajo trust land''
means land that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the Navajo Reservation; and
(C) as of the LCR enforceability date, is held in
trust by the United States for the benefit of the
Navajo Nation.
(69) Norviel decree.--The term ``Norviel Decree'' means the
final decree of the State of Arizona Superior Court in and for
the County of Apache in the case styled The St. John's
Irrigation Company and the Meadows Reservoir Irrigation
Company, et al. v. Round Valley Water Storage & Ditch Company,
Eagar Irrigation Company, Springerville Water Right and Ditch
Company, et al., Case No. 569 (Apr. 29, 1918), including any
modifications to the final decree.
(70) OM&R.--The term ``OM&R'' means operation, maintenance,
and replacement.
(71) Party.--The term ``party'' means a person who is a
signatory to the settlement agreement.
(72) Peabody.--The term ``Peabody'' means the Peabody
Western Coal Company, including any affiliate or successor of
the Peabody Western Coal Company.
(73) Person.--
(A) In general.--The term ``person'' means--
(i) an individual;
(ii) a public or private corporation;
(iii) a company;
(iv) a partnership;
(v) a joint venture;
(vi) a firm;
(vii) an association;
(viii) a society;
(ix) an estate or trust;
(x) a private organization or enterprise;
(xi) the United States;
(xii) an Indian tribe;
(xiii) a State, territory, or country;
(xiv) a governmental entity; and
(xv) a political subdivision or municipal
corporation organized under or subject to the
constitution and laws of the State.
(B) Inclusions.--The term ``person'' includes an
officer, director, agent, insurer, representative,
employee, attorney, assign, subsidiary, affiliate,
enterprise, legal representative, any predecessor and
successor in interest and any heir of a predecessor and
successor in interest of a person.
(74) Preconstruction activity.--
(A) In general.--The term ``preconstruction
activity'' means the work associated with the
preplanning, planning, and design phases of
construction, as those terms are defined in paragraphs
(1) through (3) of section 900.112(a) of title 25, Code
of Federal Regulations (or successor regulation).
(B) Inclusion.--The term ``preconstruction
activity'' includes activities described in section
900.112(b) of title 25, Code of Federal Regulations (or
successor regulation).
(75) Railroad granted land.--The term ``Railroad granted
land'' means the land granted (including Federal rights-of-way
and easements) to Navajo Project lessees in accordance with
sections 1.16 and 2 of the grant issued by the Secretary and
dated January 19, 1971.
(76) Rights to lower colorado river water.--The term
``rights to Lower Colorado River water'' means any and all
rights in or to Lower Colorado River water under applicable
law.
(77) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (or the designee of the Secretary).
(78) Settlement agreement.--
(A) In general.--The term ``settlement agreement''
means the 2012 agreement, including exhibits, entitled
the ``Navajo-Hopi Little Colorado River Water Rights
Settlement Agreement''.
(B) Inclusions.--The term ``settlement agreement''
includes--
(i) any amendments necessary to make the
settlement agreement consistent with this Act;
and
(ii) any other amendments approved by the
parties to the settlement agreement and the
Secretary.
(79) State.--The term ``State'' means the State of Arizona.
(80) State implementing law.--The term ``State implementing
law'' means a law enacted by the State that includes terms that
are substantially similar to the terms of the settlement
agreement and attached to the settlement agreement as exhibit
3.1.128.
(81) Surface water.--
(A) In general.--The term ``surface water'' means
all water in the State that is appropriable under State
law.
(B) Exclusions.--The term ``surface water'' does
not include--
(i) appropriable water that is located
within the upper basin; or
(ii) Lower Colorado River water.
(82) Underground water.--
(A) In general.--The term ``underground water''
means all water beneath the surface of the earth within
the boundaries of the State, regardless of the legal
characterization of that water as appropriable or
nonappropriable under applicable law.
(B) Exclusion.--The term ``underground water'' does
not include effluent.
(83) Upper basin.--The term ``upper basin'' has the meaning
given the term in article II(f) of the Colorado River Compact.
(84) Upper basin compact.--The term ``Upper Basin Compact''
means the Upper Colorado River Basin Compact of 1948, as
ratified and reprinted in article 3 of chapter 7 of title 45,
Arizona Revised Statutes.
(85) Upper basin water.--The term ``upper basin water''
means the waters of the upper basin.
(86) Water.--The term ``water'', when used without a
modifying adjective, means--
(A) groundwater;
(B) surface water; and
(C) effluent.
(87) Water right.--The term ``water right'' means any right
in or to water under Federal, State, or law.
(88) Western navajo colorado river basin.--The term
``Western Navajo Colorado River Basin'' means the portions of
the Navajo Reservation that are located in the lower basin and
outside of the LCR watershed.
(89) Window rock.--The term ``Window Rock'' means the
geographical area in the State to be served by the Navajo-
Gallup water supply project, which shall include Window Rock,
Arizona.
TITLE I--NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT
AGREEMENT
SEC. 101. RATIFICATION AND EXECUTION OF THE NAVAJO-HOPI LITTLE COLORADO
RIVER WATER RIGHTS SETTLEMENT AGREEMENT.
(a) In General.--Except to the extent that any provision of the
settlement agreement conflicts with this Act, the settlement agreement
is authorized, ratified, and confirmed.
(b) Amendments to Settlement Agreement.--If an amendment to the
settlement agreement is executed to make the settlement agreement
consistent with this Act, the amendment is authorized, ratified, and
confirmed.
(c) Execution of Settlement Agreement.--To the extent the
settlement agreement does not conflict with this Act, the Secretary
shall promptly execute--
(1) the settlement agreement, including all exhibits to the
settlement agreement requiring the signature of the Secretary;
and
(2) any amendments to the settlement agreement, including
any amendment to any exhibit to the settlement agreement
requiring the signature of the Secretary, necessary to make the
settlement agreement consistent with this Act.
(d) Discretion of the Secretary.--The Secretary may execute any
other amendment to the settlement agreement, including any amendment to
any exhibit to the settlement agreement requiring the signature of the
Secretary, that is not inconsistent with this Act if the amendment does
not require congressional approval pursuant to the Trade and
Intercourse Act (25 U.S.C. 177) or other applicable Federal law
(including regulations).
SEC. 102. WATER RIGHTS.
(a) Water Rights To Be Held in Trust.--
(1) Navajo nation water rights.--All water rights of the
Navajo Nation for the Navajo Reservation and land held in trust
by the United States for the Navajo Nation and allottees of the
Navajo Nation and all Navajo Nation CAP water shall be held in
trust by the United States for the benefit of the Navajo Nation
and allottees of the Navajo Nation, respectively.
(2) Hopi tribe water rights.--All water rights of the Hopi
Tribe for the Hopi Reservation and land held in trust by the
United States for the Hopi Tribe and allottees of the Hopi
Tribe shall be held in trust by the United States for the
benefit of the Hopi Tribe and allottees of the Hopi Tribe,
respectively.
(b) Forfeiture and Abandonment.--Any water right held in trust by
the United States under subsection (a) shall not be subject to loss by
nonuse, forfeiture, abandonment, or any other provision of law.
(c) Use of Water Diverted From LCR Watershed.--
(1) In general.--Notwithstanding any other provision of
law, the Navajo Nation may--
(A) divert surface water or groundwater described
in paragraph 4.0 of the settlement agreement; and
(B) subject to the condition that the water remain
on the Navajo Reservation, move any water diverted
under subparagraph (A) out of the LCR watershed for use
by the Navajo Nation.
(2) Effect of diversion.--Any water diverted and moved out
of the LCR watershed pursuant to paragraph (1)--
(A) shall be considered to be a part of the LCR;
and
(B) shall not be considered to be part of, or
charged against, the consumptive use apportionment
made--
(i) to the State by article III(a)(1) of
the Upper Basin Compact; or
(ii) to the upper basin by article III(a)
of the Colorado River Compact.
(d) Water Rights of Allottees.--
(1) Navajo reservation allotments.--
(A) In general.--The right of an allottee (and of
the United States acting as trustee for an allottee),
to use water on an allotment located on the Navajo
Reservation shall be--
(i) satisfied solely from the water secured
to the Navajo Nation (and to the United States
acting as trustee for the Navajo Nation) by the
LCR decree; and
(ii) subject to the terms of the LCR
decree.
(B) Administration.--A right under subparagraph (A)
shall be enforceable only pursuant to the Navajo Nation
water code, which shall provide allottees a process to
enforce such rights against the Navajo Nation.
(2) Hopi reservation allotments.--
(A) In general.--The right of an allottee (and of
the United States acting as trustee for an allottee),
to use water on an allotment located on the Hopi
Reservation shall be--
(i) satisfied solely from the water secured
to the Hopi Tribe (and to the United States
acting as trustee for the Hopi Tribe) by the
LCR decree; and
(ii) subject to the terms of the LCR
decree.
(B) Administration.--A right under subparagraph (A)
shall be enforceable only pursuant to the Hopi Tribe
water code, which shall provide allottees a process to
enforce such rights against the Hopi Tribe.
(3) Off-reservation allotments.--The right of an allottee
(and of the United States acting as trustee for an allottee),
to use water on an allotment located off the Navajo and Hopi
Reservations shall be as described in the abstracts attached to
the settlement agreement as exhibit 4.7.3.
SEC. 103. AUTHORIZATION FOR CONSTRUCTION OF MUNICIPAL, DOMESTIC,
COMMERCIAL, AND INDUSTRIAL WATER PROJECTS.
(a) Navajo Groundwater Projects.--
(1) In general.--Subject to the availability of
appropriations, the Secretary, acting through the Commissioner,
shall plan, design, and construct the water diversion and
delivery features of the Navajo Groundwater Projects.
(2) Lead agency.--The Bureau of Reclamation shall serve as
the lead agency for any activity relating to the planning,
design, and construction of the water diversion and delivery
features of the Navajo Groundwater Projects.
(3) Scope.--
(A) In general.--Subject to subparagraph (B), the
scope of the planning, design, and construction
activities for the Navajo Groundwater Projects shall be
as generally described in the documents prepared by
Brown & Caldwell entitled--
(i) ``Final Summary Report Leupp,
Birdsprings, and Tolani Lake Water Distribution
System Analysis (May 2008)'';
(ii) ``Final Summary Report Dilkon and
Teestoh Water Distribution System Analysis (May
2008)'';
(iii) ``Raw Water Transmission Pipeline
Alignment Alternative Evaluation Final Report
(May 2008)''; and
(iv) ``Ganado C-Aquifer Project Report
(October 2008)''.
(B) Review.--
(i) In general.--Before beginning
construction activities for the Navajo
Groundwater Projects, the Secretary shall--
(I) review the proposed designs of
the Navajo Groundwater Projects; and
(II) carry out value engineering
analyses of the proposed designs.
(ii) Negotiations with the navajo nation.--
As necessary, the Secretary shall periodically
negotiate and reach agreement with the Navajo
Nation regarding any change to the proposed
designs of the Navajo Groundwater Projects if,
on the basis of the review under clause (i),
the Secretary determines that a change is
necessary--
(I) to meet applicable industry
standards;
(II) to ensure the Navajo
Groundwater Projects will be
constructed for not more than the
amount set forth in paragraph (4); and
(III) to improve the cost-
effectiveness of the delivery of water.
(4) Funding.--
(A) In general.--The total amount of obligations
incurred by the Secretary in carrying out this
subsection shall not exceed $199,000,000, except that
the total amount of obligations shall be increased or
decreased, as appropriate, based on ordinary
fluctuations from May 1, 2011, in construction cost
indices applicable to the types of construction
involved in the planning, design, and construction of
the Navajo Groundwater Projects.
(B) No reimbursement.--The Secretary shall not be
reimbursed by any entity, including the Navajo Nation,
for any amounts expended by the Secretary in carrying
out this subsection.
(C) Project efficiencies.--If the total cost of
planning, design, and construction activities of the
Navajo Groundwater Projects results in cost savings and
is less than the amounts authorized to be obligated
under this paragraph, the Secretary, at the request of
the Navajo Nation, may--
(i) use those cost savings to carry out
capital improvement projects associated with
the Navajo Groundwater Projects; or
(ii) transfer those cost savings to the
Navajo OM&R Trust Account.
(5) Applicability of the isdeaa.--
(A) In general.--At the request of the Navajo
Nation and in accordance with the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.), the Secretary shall enter into 1 or more
agreements with the Navajo Nation to carry out this
subsection.
(B) Administration.--The Commissioner and the
Navajo Nation shall negotiate the cost of any oversight
activity carried out by the Bureau of Reclamation for
an agreement entered into under subparagraph (A),
subject to the condition that the total cost for the
oversight shall not exceed 4.0 percent of the total
costs of the Navajo Groundwater Projects.
(6) Title to navajo groundwater projects.--
(A) In general.--The Secretary shall convey to the
Navajo Nation title to each of the Navajo Groundwater
Projects on the date on which the Secretary issues a
notice of substantial completion that--
(i) the infrastructure constructed is
capable of storing, diverting, treating,
transmitting, and distributing a supply of
water as generally set forth in the final
project design described in paragraph (3); and
(ii) the Secretary has consulted with the
Navajo Nation regarding the proposed finding
that the respective Navajo Groundwater Project
is substantially complete.
(B) Limitation on liability.--Effective beginning
on the date on which the Secretary transfers to the
Navajo Nation title to the Leupp-Dilkon Groundwater
Project or the Ganado Groundwater Project under
subparagraph (A), the United States shall not be held
liable by any court for damages arising out of any act,
omission, or occurrence relating to the facilities
transferred, other than damages caused by an
intentional act or an act of negligence committed by
the United States, or by employees or agents of the
United States, prior to the date on which the Secretary
transfers title to the Leupp-Dilkon Groundwater Project
or the Ganado Groundwater Project to the Navajo Nation.
(C) OM&R obligation of the united states after
conveyance.--The United States shall have no obligation
to pay for the OM&R costs of the Navajo Groundwater
Projects beginning on the date on which--
(i) title to the Navajo Groundwater
Projects is transferred to the Navajo Nation;
and
(ii) the amounts required to be deposited
in the Navajo OM&R Trust Account pursuant to
section 104(b) have been deposited in that
account.
(7) Technical assistance.--Subject to the availability of
appropriations, the Secretary shall provide technical
assistance, including operation and management training, to the
Navajo Nation to prepare the Navajo Nation for the operation of
the Navajo Groundwater Projects.
(8) Project management committee.--The Secretary shall
facilitate the formation of a project management committee
composed of representatives from the Bureau of Reclamation, the
Bureau of Indian Affairs, and the Navajo Nation--
(A) to review cost factors and budgets for
construction, operation, and maintenance activities for
the Navajo Groundwater Projects;
(B) to improve management of inherently
governmental functions through enhanced communication;
and
(C) to seek additional ways to reduce overall costs
for the Navajo Groundwater Projects.
(9) Authorization to construct.--
(A) In general.--The Secretary is authorized to
construct the Navajo Groundwater Projects beginning on
the day after the date on which the Secretary publishes
in the Federal Register the statement of findings under
section 108(a).
(B) Preconstruction activities.--Notwithstanding
subparagraph (A), the Secretary is authorized to use
amounts appropriated to the Navajo Groundwater Projects
Account pursuant to section 104(a) to carry out prior
to the LCR enforceability date preconstruction
activities for the Navajo Groundwater Projects.
(b) Hopi Groundwater Project.--
(1) In general.--Subject to the availability of
appropriations, the Secretary, acting through the Commissioner,
shall plan, design, and construct the water diversion and
delivery features of the Hopi Groundwater Project.
(2) Lead agency.--The Bureau of Reclamation shall serve as
the lead agency for any activity relating to the planning,
design, and construction of the water diversion and delivery
features of the Hopi Groundwater Project.
(3) Scope.--
(A) In general.--Subject to subparagraph (B), the
scope of the planning, design, and construction
activities for the Hopi Groundwater Project shall be as
generally described in the document entitled ``Hopi
Tribe 2012 Little Colorado River Adjudication
Settlement Domestic, Commercial, Municipal and
Industrial Water System Memorandum (February 2012)'' by
Dowl HKM.
(B) Review.--
(i) In general.--Before beginning
construction activities, the Secretary shall--
(I) review the proposed design of
the Hopi Groundwater Project; and
(II) carry out value engineering
analyses of the proposed design.
(ii) Negotiations with the hopi tribe.--As
necessary, the Secretary shall periodically
negotiate and reach agreement with the Hopi
Tribe regarding any change to the proposed
design of the Hopi Groundwater Project if, on
the basis of the review under clause (i), the
Secretary determines that a change is
necessary--
(I) to meet applicable industry
standards;
(II) to ensure that the Hopi
Groundwater Project will be constructed
for not more than the amount set forth
in paragraph (4); and
(III) to improve the cost-
effectiveness of the delivery of water.
(4) Funding.--
(A) In general.--The total amount of obligations
incurred by the Secretary in carrying out this
subsection shall not exceed $113,000,000, except that
the total amount of obligations shall be increased or
decreased, as appropriate, based on ordinary
fluctuations from May 1, 2011, in construction cost
indices applicable to the types of construction
involved in the planning, design, and construction of
the Hopi Groundwater Project.
(B) No reimbursement.--The Secretary shall not be
reimbursed by any entity, including the Hopi Tribe, for
any amounts expended by the Secretary in carrying out
this subsection.
(C) Project efficiencies.--If the total cost of
planning, design, and construction activities of the
Hopi Groundwater Project results in cost savings and is
less than the amounts authorized to be obligated under
this paragraph, the Secretary, at the request of the
Hopi Tribe, may--
(i) use those cost savings to carry out
capital improvement projects associated with
the Hopi Groundwater Project; or
(ii) transfer those cost savings to the
Hopi OM&R Trust Account.
(5) Applicability of the isdeaa.--
(A) In general.--At the request of the Hopi Tribe
and in accordance with the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.),
the Secretary shall enter into 1 or more agreements
with the Hopi Tribe to carry out this subsection.
(B) Administration.--The Commissioner and the Hopi
Tribe shall negotiate the cost of any oversight
activity carried out by the Bureau of Reclamation for
an agreement entered into under subparagraph (A),
subject to the condition that the total cost for the
oversight shall not exceed 4.0 percent of the total
costs of the Hopi Groundwater Project.
(6) Title to hopi groundwater project.--
(A) In general.--The Secretary shall convey to the
Hopi Tribe title to the Hopi Groundwater Project on the
date on which the Secretary issues a notice of
substantial completion that--
(i) the infrastructure constructed is
capable of storing, diverting, treating,
transmitting, and distributing a supply of
water as generally set forth in the final
project design described in paragraph (3); and
(ii) the Secretary has consulted with the
Hopi Tribe regarding the proposed finding that
the Hopi Groundwater Project is substantially
complete.
(B) Limitation on liability.--Effective beginning
on the date on which the Secretary transfers to the
Hopi Tribe title to the Hopi Groundwater Project under
subparagraph (A), the United States shall not be held
liable by any court for damages arising out of any act,
omission, or occurrence relating to the facilities
transferred, other than damages caused by an
intentional act or an act of negligence committed by
the United States, or by employees or agents of the
United States, prior to the date on which the Secretary
transfers title to the Hopi Groundwater Project to the
Hopi Tribe.
(C) OM&R obligation of the united states after
conveyance.--The United States shall have no obligation
to pay for the OM&R costs of the Hopi Groundwater
Project beginning on the date on which--
(i) title to the Hopi Groundwater Project
is transferred to the Hopi Tribe; and
(ii) the amounts required to be deposited
in the Hopi OM&R Trust Account pursuant to
section 104(d) have been deposited in that
account.
(7) Technical assistance.--Subject to the availability of
appropriations, the Secretary shall provide technical
assistance, including operation and management training, to the
Hopi Tribe to prepare the Hopi Tribe for the operation of the
Hopi Groundwater Project.
(8) Project management committee.--The Secretary shall
facilitate the formation of a project management committee
composed of representatives from the Bureau of Reclamation, the
Bureau of Indian Affairs, and the Hopi Tribe--
(A) to review cost factors and budgets for
construction, operation, and maintenance activities for
the Hopi Groundwater Project;
(B) to improve management of inherently
governmental activities through enhanced communication;
and
(C) to seek additional ways to reduce overall costs
for the Hopi Groundwater Project.
(9) Authorization to construct.--
(A) In general.--The Secretary is authorized to
construct the Hopi Groundwater Project beginning on the
day after the date on which the Secretary publishes in
the Federal Register the statement of findings under
section 108(a).
(B) Preconstruction activities.--Notwithstanding
subparagraph (A), the Secretary is authorized to use
amounts appropriated to the Hopi Groundwater Project
Account pursuant to section 104(c) to carry out prior
to the LCR enforceability date preconstruction
activities for the Hopi Groundwater Project.
(c) N-Aquifer Management Plan.--
(1) In general.--Prior to the LCR enforceability date, the
Secretary, acting through the Director of the United States
Geological Survey and in consultation with the Navajo Nation
and the Hopi Tribe, is authorized to use amounts appropriated
to the N-Aquifer Account pursuant to section 104(e) to conduct
modeling and monitoring activities of the N-Aquifer as provided
for in paragraph 6.2 of the settlement agreement.
(2) Continuing assistance.--After the LCR enforceability
date, the Secretary, in consultation with the Navajo Nation and
the Hopi Tribe, is authorized to use amounts appropriated to
the N-Aquifer Account pursuant to section 104(e) to assist the
Navajo Nation and the Hopi Tribe in implementing the N-Aquifer
Management Plan and the Pasture Canyon Springs Protection
Program Account pursuant to section 104(f) to assist the Navajo
Nation and the Hopi Tribe in implementing the Pasture Canyon
Springs Protection Program, both as described in paragraph 6.2
of the settlement agreement.
(3) Limited liability.--The Secretary shall have no
liability with respect to the management of the N-Aquifer,
subject to the condition that the Secretary complies with the
responsibilities of the Secretary, as set forth in the N-
Aquifer Management Plan.
SEC. 104. FUNDING.
(a) Navajo Groundwater Projects Account.--
(1) Establishment.--There is established in the Treasury of
the United States an account, to be known as the ``Navajo
Groundwater Projects Account'', to be administered by the
Secretary, consisting of the amounts deposited in the account
under paragraph (2), together with any interest accrued by
those amounts, for use by the Navajo Nation in constructing the
Navajo Groundwater Projects.
(2) Transfers to account.--
(A) In general.--Subject to subparagraph (C), there
are authorized to be appropriated to the Secretary for
deposit in the Navajo Groundwater Projects Account--
(i) $199,000,000, to remain available until
expended; less
(ii) the amounts deposited in the account
under subparagraph (B).
(B) Transfers from other sources.--
(i) Lower colorado river basin development
fund.--
(I) In general.--The Secretary of
the Treasury shall transfer, without
further appropriation, $25,000,000 to
the Navajo Groundwater Projects Account
from the Future Indian Water Settlement
Subaccount of the Lower Colorado River
Basin Development Fund established
pursuant to section 403(f)(2)(D)(vi) of
the Colorado River Basin Project Act
(43 U.S.C. 1543(f)(2)(D)(vi)).
(II) Availability.--The amounts
transferred under subclause (I) shall
not be available to the Secretary for
expenditure until the date on which the
Secretary publishes in the Federal
Register the statement of findings
under section 108(a).
(ii) Reclamation water settlements fund.--
(I) In general.--If amounts remain
available for expenditure in the
Reclamation Water Settlements Fund
established by section 10501 of the
Omnibus Public Land Management Act of
2009 (43 U.S.C. 407), the Secretary of
the Treasury shall transfer to the
Navajo Groundwater Projects Account,
without further appropriation, not more
than $50,000,000.
(II) Availability.--The amounts
transferred under subclause (I) shall
not be available to the Secretary for
expenditure until the date on which the
Secretary publishes in the Federal
Register the statement of findings
under section 108(a).
(iii) State contribution.--Pursuant to
subparagraph 13.22 of the settlement agreement,
the State shall transfer to the Navajo
Groundwater Projects Account $1,000,000.
(C) Fluctuation in development costs.--The amount
authorized to be appropriated under subparagraph (A)(i)
and deposited in the Navajo Groundwater Projects
Account shall be increased or decreased, as
appropriate, by such amounts as may be justified by
reason of ordinary fluctuations in development costs
occurring after May 1, 2011, as indicated by
engineering cost indices applicable to the type of
construction involved, until the Secretary declares
that the Navajo Groundwater Projects are substantially
complete.
(3) Management of account.--
(A) In general.--The Secretary shall manage the
Navajo Groundwater Projects Account in a manner that is
consistent with--
(i) the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001
et seq.); and
(ii) this subsection.
(B) Investments.--The Secretary shall invest
amounts in the Navajo Groundwater Projects Account in
accordance with--
(i) the Act of April 1, 1880 (25 U.S.C.
161);
(ii) the first section of the Act of June
24, 1938 (25 U.S.C. 162a); and
(iii) obligations of Federal corporations
and Federal Government-sponsored entities, the
charter documents of which provide that the
obligations of the entities are lawful
investments for federally managed funds,
including--
(I) obligations of the United
States Postal Service described in
section 2005 of title 39, United States
Code;
(II) bonds and other obligations of
the Tennessee Valley Authority
described in section 15d of the
Tennessee Valley Authority Act of 1933
(16 U.S.C. 831n-4);
(III) mortgages, obligations, or
other securities of the Federal Home
Loan Mortgage Corporation described in
section 303 of the Federal Home Loan
Mortgage Corporation Act (12 U.S.C.
1452); and
(IV) bonds, notes, or debentures of
the Commodity Credit Corporation
described in section 4 of the Act of
March 8, 1938 (15 U.S.C. 713a-4).
(C) Credits to account.--The interest on, and the
proceeds from, the sale or redemption of, any
obligations held in the Navajo Groundwater Projects
Account shall be credited to, and form a part of, the
account.
(4) Availability of amounts and investment earnings.--
(A) In general.--Except as provided in section
103(a)(9), amounts appropriated to and deposited in the
Navajo Groundwater Projects Account shall not be
available to the Secretary for expenditure until the
date on which the Secretary publishes in the Federal
Register the statement of findings under section
108(a).
(B) Investment earnings.--Investment earnings on
amounts deposited in the Navajo Groundwater Projects
Account under paragraph (3) shall not be available to
the Secretary for expenditure until the date on which
the Secretary publishes in the Federal Register the
statement of findings under section 108(a).
(b) Navajo OM&R Trust Account.--
(1) Establishment.--There is established in the Treasury of
the United States a trust account, to be known as the ``Navajo
OM&R Trust Account'', to be administered by the Secretary and
to be available until expended, consisting of the amounts
deposited in the account under paragraph (2), together with any
interest accrued by those amounts, for the OM&R of the Navajo
Groundwater Projects.
(2) Authorization of appropriations.--
(A) In general.--Subject to subparagraph (B) and in
addition to any amounts transferred to the Navajo OM&R
Trust Account pursuant to section 103(a)(4), there is
authorized to be appropriated, deposited, and retained
in the Navajo OM&R Trust Account, $23,000,000.
(B) Fluctuation in costs.--The amount authorized to
be appropriated under subparagraph (A) shall be
increased or decreased, as appropriate, by such amounts
as may be justified by reason of ordinary fluctuations
in costs occurring after May 1, 2011, as indicated by
applicable engineering cost indices.
(3) Management of account.--
(A) In general.--The Secretary shall manage the
Navajo OM&R Trust Account in a manner that is
consistent with--
(i) the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001
et seq.); and
(ii) this subsection.
(B) Investments.--The Secretary shall invest
amounts in the Navajo OM&R Trust Account in accordance
with subsection (a)(3)(B).
(4) Availability of amounts.--Amounts appropriated to and
deposited in the Navajo OM&R Trust Account, including any
investment earnings, shall be made available to the Navajo
Nation by the Secretary beginning on the date on which title to
the Navajo Groundwater Projects is transferred to the Navajo
Nation.
(c) Hopi Groundwater Project Account.--
(1) Establishment.--There is established in the Treasury of
the United States an account, to be known as the ``Hopi
Groundwater Project Account'', to be administered by the
Secretary, and consisting of the amounts deposited in the
account under paragraph (2), together with any interest accrued
by those amounts, for use in constructing the Hopi Groundwater
Project.
(2) Transfers to account.--
(A) In general.--Subject to subparagraphs (C),
there is authorized to be appropriated to the Secretary
for deposit in the Hopi Groundwater Project Account--
(i) $113,000,000, to remain available until
expended; less
(ii) the amounts deposited in the account
under subparagraph (B).
(B) Transfers from other sources.--
(i) Lower colorado river basin development
fund.--
(I) In general.--The Secretary of
the Treasury shall transfer, without
further appropriation, $25,000,000 to
the Hopi Groundwater Project Account
from the Future Indian Water Settlement
Subaccount of the Lower Colorado River
Basin Development Fund established
pursuant to section 403(f)(2)(D)(vi) of
the Colorado River Basin Project Act
(43 U.S.C. 1543(f)(2)(D)(vi)).
(II) Availability.--The amounts
transferred under subclause (I) shall
not be available to the Secretary for
expenditure until the date on which the
Secretary publishes in the Federal
Register the statement of findings
under section 108(a).
(ii) State contribution.--Pursuant to
subparagraph 13.22 of the settlement agreement,
the State shall transfer to the Hopi
Groundwater Project Account $1,000,000.
(C) Fluctuation in development costs.--The amount
authorized to be appropriated under subparagraph (A)(i)
shall be increased or decreased, as appropriate, by
such amounts as may be justified by reason of ordinary
fluctuations in development costs occurring after May
1, 2011, as indicated by engineering cost indices
applicable to the type of construction involved, until
the Secretary declares that the Hopi Groundwater
Project is substantially complete.
(3) Management of account.--
(A) In general.--The Secretary shall manage the
Hopi Groundwater Project Account in a manner that is
consistent with--
(i) the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001
et seq.); and
(ii) this subsection.
(B) Investments.--The Secretary shall invest
amounts in the Hopi Groundwater Project Account in
accordance with subsection (a)(3)(B).
(C) Credits to account.--The interest on, and the
proceeds from, the sale or redemption of, any
obligations held in the Hopi Groundwater Project
Account shall be credited to, and form a part of, the
account.
(4) Availability of amounts and investment earnings.--
(A) In general.--Except as provided in section
103(b)(9), amounts appropriated to and deposited in the
Hopi Groundwater Project Account shall not be available
to the Secretary for expenditure until the date on
which the Secretary publishes findings under section
108(a).
(B) Investment earnings.--Investment earnings on
amounts deposited in the Hopi Groundwater Project
Account under paragraph (3) shall not be available to
the Secretary for expenditure until after the date on
which the Secretary publishes in the Federal Register
the statement of findings under section 108(a).
(d) Hopi OM&R Trust Account.--
(1) Establishment.--There is established in the Treasury of
the United States a trust account, to be known as the ``Hopi
OM&R Trust Account'', to be administered by the Secretary and
to be available until expended, consisting of the amounts
deposited in the account under paragraph (2), together with any
interest accrued by those amounts, for the OM&R of the Hopi
Groundwater Project.
(2) Authorization of appropriations.--
(A) In general.--Subject to subparagraph (B) and in
addition to any amounts transferred to the Hopi OM&R
Trust Account pursuant to section 103(b)(4), there is
authorized to be appropriated, deposited, and retained
in the Hopi OM&R Trust Account, $5,000,000.
(B) Fluctuation in costs.--The amount authorized to
be appropriated under subparagraph (A) shall be
increased or decreased, as appropriate, by such amounts
as may be justified by reason of ordinary fluctuations
in costs occurring after May 1, 2011, as indicated by
applicable engineering cost indices.
(3) Management of account.--
(A) In general.--The Secretary shall manage the
Hopi OM&R Trust Account in a manner that is consistent
with--
(i) the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001
et seq.); and
(ii) this subsection.
(B) Investments.--The Secretary shall invest
amounts in the Hopi OM&R Trust Account in accordance
with subsection (a)(3)(B).
(4) Availability of amounts.--Amounts appropriated to and
deposited in the Hopi OM&R Trust Account, including any
investment earnings, shall be made available to the Hopi Tribe
by the Secretary beginning on the date on which title to the
Hopi Groundwater Project is transferred to the Hopi Tribe.
(e) N-Aquifer Account.--
(1) Establishment.--There is established in the Treasury of
the United States an account, to be known as the ``N-Aquifer
Account'', to be administered by the Secretary and to be
available until expended, consisting of the amounts deposited
in the account under paragraph (2) to carry out activities
relating to the N-Aquifer in accordance with section 103(c) and
subparagraph 6.2 of the settlement agreement.
(2) Authorization of appropriations for n-aquifer
management plan.--
(A) In general.--In addition to any amounts
transferred to the Aquifer account pursuant to
subsection (g), there is authorized to be appropriated,
deposited, and retained to carry out section 103(c) and
subparagraph 6.2 of the settlement agreement
$5,000,000.
(B) Fluctuations in costs.--The amount authorized
to be appropriated under subparagraph (A) shall be
increased or decreased, as appropriate, by such amounts
as may be justified by reason of ordinary fluctuations
in costs occurring after May 1, 2011, as indicated by
applicable engineering cost indices.
(3) Availability.--Amounts appropriated to and deposited in
the N-Aquifer Account shall be made available by the Secretary
prior to the LCR enforceability date to carry out the
activities relating to the N-Aquifer management plan in
accordance with section 103(c)(1) and subparagraph 6.2 of the
settlement agreement.
(f) Pasture Canyon Springs Protection Program Account.--
(1) Establishment.--There is established in the Treasury of
the United States a trust account, to be known as the ``Pasture
Canyon Springs Protection Program Account'', to be administered
by the Secretary and to be available until expended, consisting
of the amounts deposited in the account under paragraph (2),
together with any interest accrued by those amounts, to carry
out activities relating to the Pasture Canyon Springs
Protection Program in accordance with section 103(c) and
subparagraph 6.2 of the settlement agreement.
(2) Authorization of appropriation for pasture canyon
springs protection program.--
(A) In general.--There is authorized to be
appropriated to carry out activities relating to the
Pasture Canyon Springs Protection Program in accordance
with section 103(c)(2) and to implement the Pasture
Canyon Springs Protection Program provisions of
subparagraph 6.2 of the settlement agreement
$10,400,000.
(B) Fluctuations in costs.--The amount authorized
to be appropriated under subparagraph (A) shall be
increased or decreased, as appropriate, by such amounts
as may be justified by reason of ordinary fluctuations
in costs occurring after May 1, 2011, as indicated by
applicable engineering cost indices.
(3) Management of account.--
(A) In general.--The Secretary shall manage the
Pasture Canyon Springs Protection Program Account in a
manner that is consistent with--
(i) the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001
et seq.); and
(ii) this subsection.
(B) Investments.--The Secretary shall invest
amounts in the Pasture Canyon Springs Protection
Program Account in accordance with subsection
(a)(3)(B).
(4) Availability.--Amounts made available under this
subsection shall not be available to the Secretary for
expenditure until the date on which the Secretary publishes in
the Federal Register the statement of findings under section
108(a).
(g) Transfer of Funds.--
(1) Navajo nation.--The Secretary may, upon request of the
Navajo Nation, transfer amounts from an account established by
subsections (a) and (b) to any other account established by
this section.
(2) Hopi tribe.--The Secretary may, upon request of the
Hopi Tribe, transfer amounts from an account established by
subsections (c), (d), and (f) to any other account established
by this section.
(3) Availability.--
(A) In general.--The Secretary shall not transfer
amounts under this subsection until the day after the
date on which the Secretary publishes in the Federal
Register the statement of findings under section
108(a).
(B) Available until expended.--Any amounts
transferred under this subsection shall remain
available until expended.
(h) Offset.--To the extent necessary, the Secretary shall offset
any direct spending authorized and any interest earned on amounts
expended pursuant to this section using such additional amounts as may
be made available to the Secretary for the applicable fiscal year.
SEC. 105. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.
(a) Navajo Nation Waivers, Releases, and Retentions of Claims.--
(1) Claims against the state and others.--
(A) In general.--Except as provided in subparagraph
(C), the Navajo Nation, on behalf of itself and the
members of the Navajo Nation (but not members in their
capacity as allottees), and the United States, acting
as trustee for the Navajo Nation and the members of the
Navajo Nation (but not members in their capacity as
allottees), as part of the performance of the
respective obligations of the Navajo Nation and the
United States under the settlement agreement, are
authorized to execute a waiver and release of any
claims against the State (or any agency or political
subdivision of the State), the Hopi Tribe, or any other
person, entity, corporation or municipal corporation
under Federal, State or other law for all--
(i) past, present, and future claims for
water rights for Navajo land and land of the
Navajo Nation outside of the State, whether
held in fee or held in trust by the United
States on behalf of the Navajo Nation, arising
from time immemorial and, thereafter, forever;
(ii) past, present, and future claims for
water rights arising from time immemorial and,
thereafter, forever, that are based on
aboriginal occupancy of land both within and
outside of the State by the Navajo Nation, the
members of the Navajo Nation, or their
predecessors;
(iii) past and present claims for injury to
water rights and injury to water quality for
Navajo land and land of the Navajo Nation
outside of the State, whether held in fee or
held in trust by the United States on behalf of
the Navajo Nation, arising from time immemorial
through the LCR enforceability date;
(iv) past, present, and future claims for
injury to water rights and injury to water
quality arising from time immemorial and,
thereafter, forever, that are based on
aboriginal occupancy of land both within and
outside of the State by the Navajo Nation, the
members of the Navajo Nation, or their
predecessors;
(v) claims for injury to water rights and
injury to water quality arising after the LCR
enforceability date for Navajo land and land of
the Navajo Nation outside of the State, whether
held in fee or held in trust by the United
States on behalf of the Navajo Nation,
resulting from the diversion or use of water in
a manner not in violation of the settlement
agreement; and
(vi) past, present, and future claims
arising out of, or relating in any manner to,
the negotiation, execution, or adoption of the
settlement agreement, an applicable settlement
judgment or decree, or this Act.
(B) Effective date.--The waiver and release of
claims under subparagraph (A) shall be effective on the
LCR enforceability date.
(C) Retention of claims.--The Navajo Nation, on
behalf of itself and the members of the Navajo Nation
(but not members in their capacity as allottees), and
the United States, acting as trustee for the Navajo
Nation and the members of the Navajo Nation (but not
members in their capacity as allottees), shall retain
all rights not expressly waived under subparagraph (A),
including any right--
(i) subject to subparagraph 13.14 of the
settlement agreement--
(I) to assert claims of rights to
upper basin water for Navajo land; and
(II) to assert claims of rights to
upper basin water that are based on
aboriginal occupancy of land within the
upper basin by the Navajo Nation, the
members of the Navajo Nation, or their
predecessors;
(ii) subject to subparagraphs 6.3 and 13.8
of the settlement agreement, to assert claims
for injuries to, and seek enforcement of, the
rights of the Navajo Nation under the
settlement agreement or this Act, in any
Federal or State court of competent
jurisdiction;
(iii) to assert claims for injuries to, and
seek enforcement of, the rights of the Navajo
Nation under the LCR decree;
(iv) to assert claims for injuries to, and
seek enforcement of, the rights of the Navajo
Nation under the Gila River Adjudication
decree;
(v) to participate in the LCR adjudication
to the extent provided in the settlement
agreement;
(vi) to participate in the Gila River
adjudication to the extent provided in
subparagraphs 4.12, 4.13 and 4.14 of the
settlement agreement;
(vii) except as provided in the settlement
agreement, to object to any claims for water
rights, injury to water rights, or injury to
water quality by or for any Indian tribe or the
United States on behalf of the Indian tribe;
(viii) except as provided in the settlement
agreement, to assert past, present, or future
claims for injury to water rights, injury to
water quality, or any other claims other than a
claim for water rights, against any Indian
tribe or the United States on behalf of the
Indian tribe;
(ix) to assert past, present, or future
claims for rights to Lower Colorado River
water, injury to rights to Lower Colorado River
water, or injury to quality of Lower Colorado
River water for Navajo land; and
(x) to assert past, present, or future
claims for rights to Lower Colorado River
water, injury to rights to Lower Colorado River
water, or injury to quality of Lower Colorado
River water that are based on aboriginal
occupancy of land by the Navajo Nation, the
members of the Navajo Nation, or their
predecessors.
(2) Claims against the united states.--
(A) In general.--Except as provided in subparagraph
(C), the Navajo Nation, on behalf of itself and the
members of the Navajo Nation (but not members in their
capacity as allottees), as part of the performance of
the obligations of the Navajo Nation under the
settlement agreement, is authorized to execute a waiver
and release of any claims against the United States (or
agencies, officials, or employees of the United States)
under Federal, State, or other law for all--
(i) past, present, and future claims for
water rights for Navajo land and land of the
Navajo Nation outside of the State, whether
held in fee or held in trust by the United
States on behalf of the Navajo Nation, arising
from time immemorial and, thereafter, forever;
(ii) past, present, and future claims for
water rights arising from time immemorial and,
thereafter, forever, that are based on
aboriginal occupancy of land both within and
outside of the State by the Navajo Nation, the
members of the Navajo Nation, or their
predecessors;
(iii) past and present claims for injury to
water rights and injury to water quality for
Navajo land and land of the Navajo Nation
outside of the State, whether held in fee or
held in trust by the United States on behalf of
the Navajo Nation, arising from time immemorial
through the LCR enforceability date;
(iv) past, present, and future claims for
injury to water rights and injury to water
quality arising from time immemorial and,
thereafter, forever, that are based on
aboriginal occupancy of land both within and
outside of the State by the Navajo Nation, the
members of the Navajo Nation, or their
predecessors;
(v) claims for injury to water rights and
injury to water quality arising after the LCR
enforceability date for Navajo land and land of
the Navajo Nation outside of the State, whether
held in fee or held in trust by the United
States on behalf of the Navajo Nation,
resulting from the diversion or use of water in
a manner not in violation of the settlement
agreement;
(vi) past, present, and future claims
arising out of, or relating in any manner to,
the negotiation, execution, or adoption of the
settlement agreement, an applicable settlement
judgment or decree, or this Act;
(vii) past, present, and future claims for
failure to protect, acquire, or develop water
rights for or on behalf of the Navajo Nation
and the members of the Navajo Nation arising
from time immemorial and, thereafter, forever;
(viii) past, present, and future claims
relating to failure to assert any claims
authorized to be waived under this subsection;
(ix) claims for the OM&R costs of the
Navajo Groundwater Projects, which shall be
effective on the date on which the Secretary
transfers title to, and OM&R responsibility
for, the Navajo Groundwater Projects to the
Navajo Nation;
(x) claims in the case styled The Navajo
Nation v. United States Department of the
Interior, Case No. CV-03-0507-PCT-PGR, pending
in the United States District Court for the
District of Arizona, including all claims based
on the facts alleged in the complaint filed in
the action, except any claim that is dismissed
without prejudice pursuant to section
108(a)(14); and
(xi) past and present claims relating in
any manner to damages, losses, or injuries to
water, water rights, 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 failure to
protect, acquire, or develop water, water
rights, or water infrastructure) within the
reservation and off-reservation trust land that
first accrued at any time prior to the LCR
enforceability date.
(B) Effective date.--Except as provided in
subparagraph (A)(ix), the waiver and release of claims
under subparagraph (A) shall be effective on the LCR
enforceability date.
(C) Retention of claims.--The Navajo Nation and the
members of the Navajo Nation (but not members in their
capacity as allottees) shall retain all rights not
expressly waived in under subparagraph (A), including
any right--
(i) subject to subparagraph 13.14 of the
settlement agreement--
(I) to assert claims of rights to
upper basin water for Navajo land; and
(II) to assert claims of rights to
upper basin water that are based on
aboriginal occupancy of land within the
upper basin by the Navajo Nation, the
members of the Navajo Nation, or their
predecessors;
(ii) subject to subparagraph 13.8 of the
settlement agreement, to assert claims for
injuries to, and seek enforcement of, the
rights of the Navajo Nation under the
settlement agreement or this Act in any Federal
or State court of competent jurisdiction;
(iii) to assert claims for injuries to, and
seek enforcement of, the rights of the Navajo
Nation under the LCR decree;
(iv) to assert claims for injuries to, and
seek enforcement of, the rights of the Navajo
Nation under the Gila River adjudication
decree;
(v) to participate in the LCR adjudication
to the extent provided in the settlement
agreement;
(vi) to participate in the Gila River
adjudication to the extent provided in
subparagraphs 4.12, 4.13, and 4.14 of the
settlement agreement;
(vii) except as provided in the settlement
agreement, to object to any claims for water
rights, injury to water rights, or injury to
water quality by or for any Indian tribe or the
United States on behalf of the Indian tribe;
(viii) except as provided in the settlement
agreement, to assert past, present, or future
claims for injury to water rights, injury to
water quality, or any other claims other than a
claim for water rights, against any Indian
tribe or the United States on behalf of the
Indian tribe;
(ix) to assert past, present, or future
claims for rights to Lower Colorado River
water, injury to rights to Lower Colorado River
water, or injury to quality of Lower Colorado
River water for Navajo land; and
(x) to assert past, present, or future
claims for rights to Lower Colorado River
water, injury to rights to Lower Colorado River
water, or injury to quality of Lower Colorado
River water that are based on aboriginal
occupancy of land by the Navajo Nation, the
members of the Navajo Nation, or their
predecessors.
(b) Hopi Tribe Waivers, Releases, and Retentions of Claims.--
(1) Claims against the state and others.--
(A) In general.--Except as provided in subparagraph
(C), the Hopi Tribe, on behalf of itself and the
members of the Hopi Tribe (but not members in their
capacity as allottees), and the United States, acting
as trustee for the Hopi Tribe and the members of the
Hopi Tribe (but not members in their capacity as
allottees), as part of the performance of the
respective obligations of the Hopi Tribe and the United
States under the settlement agreement, are authorized
to execute a waiver and release of any claims against
the State (or any agency or political subdivision of
the State), the Navajo Nation, or any other person,
entity, corporation, or municipal corporation under
Federal, State, or other law for all--
(i) past, present, and future claims for
water rights for Hopi land arising from time
immemorial and, thereafter, forever;
(ii) past, present, and future claims for
water rights arising from time immemorial and,
thereafter, forever, that are based on
aboriginal occupancy of land by the Hopi Tribe,
the members of the Hopi Tribe, or their
predecessors;
(iii) past and present claims for injury to
water rights and injury to water quality for
Hopi land arising from time immemorial through
the LCR enforceability date;
(iv) past, present, and future claims for
injury to water rights and injury to water
quality arising from time immemorial and,
thereafter, forever, that are based on
aboriginal occupancy of land by the Hopi Tribe,
the members of the Hopi Tribe, or their
predecessors;
(v) claims for injury to water rights and
injury to water quality arising after the LCR
enforceability date for Hopi land resulting
from the diversion or use of water in a manner
not in violation of the settlement agreement;
and
(vi) past, present, and future claims
arising out of, or relating in any manner to,
the negotiation, execution, or adoption of the
settlement agreement, an applicable settlement
judgment or decree, or this Act.
(B) Effective date.--The waiver and release of
claims under subparagraph (A) shall be effective on the
LCR enforceability date.
(C) Retention of claims.--The Hopi Tribe on behalf
of itself and the members of the Hopi Tribe (but not
members in their capacity as allottees), and the United
States, acting as trustee for the Hopi Tribe and the
members of the Hopi Tribe (but not members in their
capacity as allottees), shall retain all rights not
expressly waived under subparagraph (A), including any
right--
(i) to assert claims for injuries to, and
seek enforcement of, the rights of the Hopi
Tribe under the Norviel Decree, as set forth in
the abstracts required pursuant to subparagraph
5.4.1 of the settlement agreement;
(ii) subject to subparagraphs 6.3 and 13.8
of the settlement agreement, to assert claims
for injuries to, and seek enforcement of, the
rights of the Hopi Tribe under the settlement
agreement or this Act, in any Federal or State
court of competent jurisdiction;
(iii) to assert claims for injuries to, and
seek enforcement of, the rights of the Hopi
Tribe under the LCR decree;
(iv) to participate in the LCR adjudication
to the extent provided in the settlement
agreement;
(v) except as provided in the settlement
agreement, to object to any claims for water
rights, injury to water rights, or injury to
water quality by or for any Indian tribe or the
United States on behalf of the Indian tribe;
(vi) except as provided in the settlement
agreement, to assert past, present, or future
claims for injury to water rights, injury to
water quality, or any other claims other than a
claim for water rights, against any Indian
tribe or the United States on behalf of the
Indian tribe;
(vii) to assert past, present, or future
claims for rights to Lower Colorado River
water, injury to rights to Lower Colorado River
water, or injury to quality of Lower Colorado
River water for Hopi land; and
(viii) to assert past, present, or future
claims for rights to Lower Colorado River
water, injury to rights to Lower Colorado River
water, or injury to quality of Lower Colorado
River water that are based on aboriginal
occupancy of land by the Hopi Tribe, the
members of the Hopi Tribe, or their
predecessors.
(2) Claims against the united states.--
(A) In general.--Except as provided in subparagraph
(C), the Hopi Tribe, on behalf of itself and the
members of the Hopi Tribe (but not members in their
capacity as allottees), as part of the performance of
the obligations of the Hopi Tribe under the settlement
agreement, is authorized to execute a waiver and
release of any claims against the United States (or
agencies, officials, or employees of the United States)
under Federal, State, or other law for all--
(i) past, present, and future claims for
water rights for Hopi land arising from time
immemorial and, thereafter, forever;
(ii) past, present, and future claims for
water rights arising from time immemorial and,
thereafter, forever, that are based on
aboriginal occupancy of land by the Hopi Tribe,
the members of the Hopi Tribe, or their
predecessors;
(iii) past and present claims for injury to
water rights and injury to water quality for
Hopi land arising from time immemorial through
the LCR enforceability date;
(iv) past, present, and future claims for
injury to water rights and injury to water
quality arising from time immemorial and,
thereafter, forever, that are based on
aboriginal occupancy of land by the Hopi Tribe,
the members of the Hopi Tribe, or their
predecessors;
(v) claims for injury to water rights and
injury to water quality arising after the LCR
enforceability date for Hopi land resulting
from the diversion or use of water in a manner
not in violation of the settlement agreement;
(vi) past, present, and future claims
arising out of, or relating in any manner to,
the negotiation, execution, or adoption of the
settlement agreement, an applicable settlement
judgment or decree, or this Act;
(vii) past, present, and future claims for
failure to protect, acquire, or develop water
rights for or on behalf of the Hopi Tribe and
the members of the Hopi Tribe arising from time
immemorial and, thereafter, forever;
(viii) past, present, and future claims
relating to failure to assert any claims
authorized to be waived under this subsection;
(ix) claims for the OM&R costs of the Hopi
Groundwater Project, which shall become
effective on the date on which the Secretary
transfers title to, and OM&R responsibility
for, the Hopi Groundwater Project to the Hopi
Tribe; and
(x) past and present claims relating in any
manner to damages, losses, or injuries to
water, water rights, 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 failure to
protect, acquire, or develop water, water
rights, or water infrastructure) within the
reservation and off-reservation trust land that
first accrued at any time prior to the LCR
enforceability date.
(B) Effective date.--Except as provided in
subparagraph (A)(ix), the waiver and release of claims
under subparagraph (A) shall be effective on the LCR
enforceability date.
(C) Retention of claims.--The Hopi Tribe on behalf
of itself and the members of the Hopi Tribe (but not
members in their capacity as allottees) shall retain
all rights not expressly waived under subparagraph (A),
including any right--
(i) to assert claims for injuries to, and
seek enforcement of, the rights of the Hopi
Tribe under the Norviel Decree, as set forth in
the abstracts required pursuant to subparagraph
5.4.1 of the settlement agreement;
(ii) subject to subparagraph 13.8 of the
settlement agreement, to assert claims for
injuries to, and seek enforcement of, the
rights of the Hopi Tribe under the settlement
agreement or this Act, in any Federal or State
court of competent jurisdiction;
(iii) to assert claims for injuries to, and
seek enforcement of, the rights of the Hopi
Tribe under the LCR decree;
(iv) to participate in the LCR adjudication
to the extent provided in the settlement
agreement;
(v) except as provided in the settlement
agreement, to object to any claims for water
rights, injury to water rights, or injury to
water quality by or for any Indian tribe or the
United States on behalf of the Indian tribe
other than the Navajo Nation and the Hopi
Tribe;
(vi) except as provided in the settlement
agreement, to assert past, present, or future
claims for injury to water rights, injury to
water quality, or any other claims other than a
claim for water rights, against any Indian
tribe or the United States on behalf of the
Indian tribe other than the Navajo Nation and
the Hopi Tribe;
(vii) to assert past, present, or future
claims for rights to Lower Colorado River
water, injury to rights to Lower Colorado River
water, or injury to quality of Lower Colorado
River water for Hopi land; and
(viii) to assert past, present, or future
claims for rights to Lower Colorado River
water, injury to rights to Lower Colorado River
water, or injury to quality of Lower Colorado
River water that are based on aboriginal
occupancy of land by the Hopi Tribe, the
members of the Hopi Tribe, or their
predecessors.
(c) Waivers and Releases of Claims by the United States.--
(1) Acting as trustee for allottees.--
(A) In general.--Except as provided in subparagraph
(C), the United States, acting as trustee for allottees
of the Navajo Nation and Hopi Tribe, as part of the
performance of the obligations of the United States
under the settlement agreement, is authorized to
execute a waiver and release of any claims against the
State (or any agency or political subdivision of the
State), the Navajo Nation, the Hopi Tribe, or any other
person, entity, corporation, or municipal corporation
under Federal, State, or other law, for all--
(i) past, present, and future claims for
water rights for allotments arising from time
immemorial, and, thereafter, forever;
(ii) past, present, and future claims for
water rights arising from time immemorial and,
thereafter, forever, that are based on
aboriginal occupancy of land by allottees or
their predecessors;
(iii) past and present claims for injury to
water rights and injury to water quality for
allotments arising from time immemorial through
the LCR enforceability date;
(iv) past, present, and future claims for
injury to water rights and injury to water
quality, if any, arising from time immemorial
and, thereafter, forever, that are based on
aboriginal occupancy of land by allottees or
their predecessors;
(v) claims for injury to water rights and
injury to water quality arising after the LCR
enforceability date for allotments resulting
from the diversion or use of water in a manner
not in violation of the settlement agreement;
and
(vi) past, present, and future claims
arising out of, or relating in any manner to,
the negotiation, execution, or adoption of the
settlement agreement, an applicable settlement
judgment or decree, or this Act.
(B) Effective date.--The waiver and release of
claims under subparagraph (A) shall be effective on the
LCR enforceability date.
(C) Retention of claims.--The United States, acting
as trustee for allottees of the Navajo Nation and Hopi
Tribe, shall retain all rights not expressly waived
under subparagraph (A), including any right--
(i) subject to subparagraph 13.14 of the
settlement agreement--
(I) to assert claims of rights to
upper basin water, if any, for
allotments; and
(II) to assert claims of rights to
upper basin water that are based on
aboriginal occupancy of land within the
upper basin in the State by allottees
or their predecessors;
(ii) subject to subparagraph 13.8 of the
settlement agreement, to assert claims for
injuries to, and seek enforcement of, the
rights of allottees, if any, under the
settlement agreement or this Act, in any
Federal or State court of competent
jurisdiction;
(iii) to assert claims for injuries to, and
seek enforcement of, the rights of allottees,
if any, under the LCR decree;
(iv) to participate in the LCR adjudication
to the extent provided in the settlement
agreement;
(v) except as provided in the settlement
agreement, to object to any claims for water
rights, injury to water rights, or injury to
water quality by or for any Indian tribe;
(vi) except as provided in the settlement
agreement, to assert past, present, or future
claims for injury to water rights, injury to
water quality, or any other claims other than a
claim for water rights, against any Indian
tribe;
(vii) to assert past, present, or future
claims for rights to Lower Colorado River
water, injury to rights to Lower Colorado River
water, or injury to quality of Lower Colorado
River water for allotments; and
(viii) to assert past, present, or future
claims for rights to Lower Colorado River
water, injury to rights to Lower Colorado River
water, or injury to quality of Lower Colorado
River water that are based on aboriginal
occupancy of land by allottees or their
predecessors.
(2) Waiver and release of claims by the united states
against the navajo nation and the hopi tribe.--
(A) In general.--Except as provided subparagraph
(C), the United States, except when acting as trustee
for an Indian tribe other than the Navajo Nation or the
Hopi Tribe, as part of the performance of the
obligations of the United States under the settlement
agreement, is authorized to execute a waiver and
release of any and all claims of the United States
against the Navajo Nation and the Hopi Tribe, including
any agency, official, or employee of the Navajo Nation
or the Hopi Tribe, under Federal, State, or any other
law for all--
(i) past, present, and future claims
arising out of, or relating in any manner to,
the negotiation or execution of the settlement
agreement or this Act;
(ii) past and present claims for injury to
water rights and injury to water quality
resulting from the diversion or use of water on
Navajo land and Hopi land arising from time
immemorial through the LCR enforceability date;
and
(iii) claims for injury to water rights and
injury to water quality arising after the LCR
enforceability date resulting from the
diversion or use of water on Navajo land and
Hopi land in a manner not in violation of the
settlement agreement.
(B) Effective date.--The waiver and release of
claims under subparagraph (A) shall be effective on the
LCR enforceability date.
(C) Retention of claims.--The United States shall
retain all rights not expressly waived under
subparagraph (A), including--
(i) subject to subparagraph 13.8 of the
settlement agreement, to assert claims for
injuries to, and seek enforcement of, the
settlement agreement or this Act, in any
Federal or State court of competent
jurisdiction;
(ii) to enforce the Gila River adjudication
decree; and
(iii) to enforce the LCR decree.
SEC. 106. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.
(a) Navajo Nation.--
(1) In general.--Except as provided in the settlement
agreement, the benefits realized by the Navajo Nation under the
settlement agreement and this Act shall be in complete and full
satisfaction of all claims of the Navajo Nation and the members
of the Navajo Nation, and the United States, acting as trustee
for the Navajo Nation and the members of the Navajo Nation, for
water rights, injury to water rights, and injury to water
quality, under Federal, State, or other law with respect to
Navajo land.
(2) Source.--Any entitlement to water of the Navajo Nation
and the members of the Navajo Nation, or the United States,
acting as trustee for the Navajo Nation and the members of the
Navajo Nation, for Navajo land shall be satisfied out of the
water resources and other benefits granted, confirmed, or
recognized to or for the Navajo Nation, and the United States,
acting as trustee for the Navajo Nation, by the settlement
agreement, the LCR decree, the Navajo Nation water delivery
contract, and this Act.
(3) Effect.--Notwithstanding paragraph (2), nothing in the
settlement agreement or this Act has the effect of recognizing
or establishing any right of a member of the Navajo Nation to
water on Navajo land.
(b) Hopi Tribe.--
(1) In general.--Except as provided in the settlement
agreement, the benefits realized by the Hopi Tribe under the
settlement agreement and this Act shall be in complete and full
satisfaction of all claims of the Hopi Tribe and the members of
the Hopi Tribe, and the United States, acting as trustee for
the Hopi Tribe and the members of the Hopi Tribe, for water
rights, injury to water rights, and injury to water quality
under Federal, State, or other law with respect to Hopi land.
(2) Source.--Any entitlement to water of the Hopi Tribe and
the members of the Hopi Tribe, or the United States, acting as
trustee for the Hopi Tribe and the members of the Hopi Tribe,
for Hopi land shall be satisfied out of the water resources and
other benefits granted, confirmed, or recognized to or for the
Hopi Tribe, and the United States, acting as trustee for the
Hopi Tribe, by the settlement agreement, the LCR decree, and
this Act.
(3) Effect.--Notwithstanding paragraph (2), nothing in the
settlement agreement or this Act has the effect of recognizing
or establishing any right of a member of the Hopi Tribe to
water on Hopi land.
(c) Allottees Water Claims.--
(1) In general.--Except as provided in the settlement
agreement, the benefits realized by allottees under the
settlement agreement and this Act shall be in complete
replacement of and substitution for, and full satisfaction of,
all claims of allottees, and the United States, acting as
trustee for allottees, for water rights, injury to water
rights, and injury to water quality under Federal, State, or
other law with respect to allotments.
(2) Source.--Except as provided in exhibit 4.7.3 of the
settlement agreement, any entitlement to water of allottees, or
the United States, acting as trustee for allottees, for
allotments shall be satisfied out of the water resources and
other benefits granted, confirmed, or recognized to or for the
Navajo Nation, the Hopi Tribe, and the United States, acting as
trustee for the Navajo Nation, the Hopi Tribe, and allottees,
by the settlement agreement, the LCR decree, and this Act.
(d) Exceptions.--Except as provided in section 105, nothing in this
Act affects any right to water of any member of the Navajo Nation, the
Hopi Tribe, or any allottee for land outside of Navajo land, Hopi land,
or allotments.
(e) Navajo-Hopi Land Dispute Settlement Act of 1996.--
(1) Water rights.--Except as expressly provided in the
settlement agreement, the water rights of the Hopi Tribe on
land acquired pursuant to the Navajo-Hopi Land Dispute
Settlement Act of 1996 (25 U.S.C. 640d note; Public Law 104-
301), and the rights of the Hopi Tribe to object to surface
water and groundwater uses on the basis of water rights
associated with that land, shall be governed by that Act.
(2) Amendment.--Section 12 of the Navajo-Hopi Land Dispute
Settlement Act of 1996 (25 U.S.C. 640d note; Public Law 104-
301) is amended--
(A) in subsection (a)(1)(C), by striking
``beneficial use'' and inserting ``beneficial use of
surface water''; and
(B) by striking subsection (e) and inserting the
following:
``(e) Prohibition.--
``(1) In general.--Subject to paragraph (2), water rights
for newly acquired trust land shall not be used, leased, sold,
or transported for use off of that land or the other trust land
of the Tribe, except that the Tribe may agree with other
persons having junior water rights to subordinate the senior
water rights of the Tribe.
``(2) Restrictions.--
``(A) In general.--Water rights for newly acquired
trust land shall only be used on that land or other
trust land of the Tribe that is located within the same
river basin tributary as the main stream of the
Colorado River.
``(B) Temporary transfer for use off-reservation.--
Notwithstanding any other provision of statutory or
common law or subparagraph (A) and in accordance with
subparagraphs (C) through (J), on approval of the
Secretary, the Hopi Tribe may enter into a service
contract, lease, exchange, or other agreement providing
for the temporary delivery, use, or transfer of not
more than 10,000 acre-feet per year of groundwater from
newly acquired trust land that is located within 20
miles of the municipal boundaries of Winslow, Arizona,
but is not within the Protection Areas (as that term is
described in paragraph 3.1.119 of the Navajo-Hopi
Little Colorado River Water Rights Settlement
Agreement) for use at--
``(i) Hopi fee land that is located within
5 miles of the municipal boundaries of Winslow,
Arizona; and
``(ii) the City of Winslow, Arizona, for
municipal use by the City of Winslow and the
residents of that city, with the consent of the
Hopi Tribe, as provided in paragraph 5.3 and
exhibit 5.3 of the Navajo-Hopi Little Colorado
River Water Rights Settlement Agreement.
``(C) Maximum term.--
``(i) In general.--The maximum term of any
service contract, lease, exchange, or other
agreement under subparagraph (B) (including all
renewals of such an agreement) shall not exceed
99 years in duration.
``(ii) Alienation.--The Hopi Tribe shall
not permanently alienate any groundwater
transported off of newly acquired trust land
pursuant to subparagraph (B).
``(D) Weed and dust control.--The Tribe shall
maintain newly acquired trust land from which
groundwater is or will be transported pursuant to
subparagraph (B) free of noxious weeds and blowing dust
that creates a threat to health or safety consistent
with section 45-546 of the Arizona Revised Statutes.
``(E) Damage to surrounding land or other water
users.--
``(i) Damages.--Any transportation of
groundwater off of newly acquired trust land
pursuant to subsection (B) shall be subject to
payment of damages to the extent the
groundwater withdrawals unreasonably increase
damage to surrounding land or other water users
from the concentration of wells.
``(ii) No presumption of damage.--Neither
injury to nor impairment of the water supply of
any landowner shall be presumed from the fact
of transportation of groundwater off of newly
acquired trust land pursuant to subparagraph
(B).
``(iii) Mitigation.--In determining whether
there has been injury and the extent of any
injury, the court shall consider all acts of
the person transporting groundwater toward the
mitigation of injury, including the retirement
of land from irrigation, discontinuance of
other preexisting uses of groundwater, water
conservation techniques, and procurement of
additional sources of water that benefit the
sub-basin or landowners within the sub-basin.
``(iv) Court fees.--The court may award
reasonable attorney fees, expert witness
expenses and fees, and court costs to the
prevailing party in litigation seeking damages
for transporting groundwater off of newly
acquired trust land pursuant to subparagraph
(B).
``(F) No obligation.--The United States (in any
capacity) shall have no trust or other obligation to
monitor, administer, or account for, in any manner,
groundwater delivered pursuant to subparagraph (B).
``(G) Liability.--The Secretary shall not be liable
to the Hopi Tribe, the City of Winslow, Arizona, or any
other person for any loss or other detriment resulting
from an agreement entered into pursuant to subparagraph
(B).
``(H) Applicable law.--
``(i) State law.--Any transportation or use
of groundwater off of the newly acquired trust
land pursuant subparagraph (B) shall be subject
to and consistent with all laws (including
regulations) of the State that apply to the
transportation and use of water, including all
applicable permitting and reporting
requirements.
``(ii) Purchases or grants of lands from
indians.--Section 2116 of the Revised Statutes
(25 U.S.C. 177) shall not apply to any
groundwater transported off of newly acquired
trust land pursuant to subparagraph (B).
``(I) Approval of secretary.--The Secretary shall
approve or disapprove any service contract, lease,
exchange, or other agreement under subparagraph (B)
submitted by the Hopi Tribe for approval within a
reasonable period of time after submission, except that
approval by the Secretary shall not be required for any
groundwater lease under subparagraph (B) for less than
10 acre-feet per year with a term of less than 7 years,
including renewals.
``(J) No forfeiture or abandonment.--The nonuse of
groundwater of the Hopi Tribe from the newly acquired
trust land pursuant to subparagraph (B) shall not
result in a forfeiture, abandonment, relinquishment, or
other loss of all or any part of applicable rights.''.
SEC. 107. AFTER-ACQUIRED TRUST LAND.
(a) Requirement of Act of Congress.--Except as provided in section
11 of Public Law 93-531 (25 U.S.C. 640d-10) and the Navajo-Hopi Land
Dispute Settlement Act of 1996 (25 U.S.C. 640d note; Public Law 104-
301), the Navajo Nation or the Hopi Tribe may only seek to have legal
title to additional land in the State, located outside the exterior
boundaries of the land that is, on the date of enactment of this Act,
in reservation status or held in trust for the benefit of the Navajo
Nation or the Hopi Tribe, taken into trust by the United States for the
benefit of the Navajo Nation or the Hopi Tribe, respectively, pursuant
to an Act of Congress enacted after the date of enactment of this Act.
(b) Water Rights.--Any land taken into trust for the benefit of the
Navajo Nation or the Hopi Tribe after the date of the enactment of this
Act shall have only those rights to water provided under the settlement
agreement, the Navajo-Hopi Land Dispute Settlement Act of 1996 (25
U.S.C. 640d note; Public Law 104-301), and this Act, unless provided
otherwise in a subsequent Act of Congress, as provided in subsection
(a).
(c) Acceptance of Land in Trust Status.--
(1) Mandatory trust acquisition.--Notwithstanding
subsections (a) and (b), if the Navajo Nation or Hopi Tribe
acquires legal fee title to land that is located within the
exterior boundaries of the Navajo Reservation or the Hopi
Reservation, respectively, upon application by the Navajo
Nation or the Hopi Tribe to take the land into trust, the
Secretary shall accept the land into trust status for the
benefit of the Navajo Nation or Hopi Tribe in accordance with
applicable Federal law (including regulations).
(2) Reservation status.--Land taken or held in trust by the
Secretary under paragraph (1) shall be part of the Navajo
Reservation or the Hopi Reservation, respectively.
SEC. 108. ENFORCEABILITY DATE.
(a) Little Colorado River and Gila River Waivers.--The waivers and
releases of claims described in section 105 shall take effect and be
fully enforceable, and construction of the Navajo Groundwater Projects
and the Hopi Groundwater Project may begin, on the date on which the
Secretary publishes in the Federal Register a statement of findings
that--
(1) to the extent that the settlement agreement conflicts
with this Act, the settlement agreement has been revised
through an amendment to eliminate the conflict and the revised
settlement agreement has been executed by the Secretary, the
Navajo Nation, the Hopi Tribe, the Governor of Arizona, and not
less than 19 other parties;
(2) the waivers and releases of claims described in section
105 have been executed by the Navajo Nation, the Hopi Tribe,
and the United States;
(3) the State contributions described in subsections
(a)(2)(B)(iii) and (c)(2)(B)(ii) of section 104 have been made;
(4) the full amount described in section 104(a)(2)(A)(i),
as adjusted by section 104(a)(2)(C), has been deposited in the
Navajo Groundwater Projects Account;
(5) the full amount described in section 104(b)(2) has been
deposited in the Navajo OM&R Trust Account;
(6) the full amount described in section 104(c)(2)(A)(i),
as adjusted by section 104(c)(2)(C), has been deposited in the
Hopi Groundwater Project Account;
(7) the full amount described in section 104(d)(2) has been
deposited in the Hopi OM&R Trust Account;
(8) the full amount described in section 104(e)(2)(A), as
adjusted by section 104(e)(2)(B), has been deposited in the N-
Aquifer Account and is available for use to implement the N-
Aquifer Management Plan;
(9) the full amount described in section 104(f)(2)(A), as
adjusted by section 104(f)(2)(B), has been deposited in the
Pasture Canyon Springs Protection Program Account and is
available for use to implement the Pasture Canyon Springs
Protection Program;
(10) the judgments and decrees in the LCR adjudication and
the Gila River adjudication have been approved by the LCR
adjudication court and the Gila River adjudication court
substantially in the form of the judgments and decrees attached
to the settlement agreement as exhibits 3.1.70 and 3.1.49,
respectively;
(11) a law has been enacted by the State substantially in
the form of a State implementing law attached to the settlement
agreement as exhibit 3.1.128 and the law remains effective;
(12) the provisions of section 45-544 of the Arizona
Revised Statutes restricting the transporting of groundwater
from the Little Colorado River Plateau Groundwater Basin are in
effect;
(13) the Secretary has completed a record of decision
approving construction of--
(A) the Navajo Groundwater Projects in a
configuration substantially similar to the
configuration described in section 103(a); and
(B) the Hopi Groundwater Project, in a
configuration substantially similar to the
configuration described in section 103(b); and
(14) the Navajo Nation has moved for the dismissal with
prejudice of the first, second, third, fourth, and fifth claims
for relief contained in the complaint for declaratory and
injunctive relief filed by the Navajo Nation on March 14, 2003,
in the United States District Court for the District of
Arizona, as part of the case styled The Navajo Nation v. United
States Department of the Interior (No. CV-03-0507-PCT-PGR), and
has moved for the dismissal without prejudice of sixth claim
for relief contained in the complaint, substantially in the
form of the dismissal attached to the settlement agreement as
exhibit 11.9.
(b) Failure of the Little Colorado River Waivers.--
(1) In general.--If the Secretary does not publish in the
Federal Register a statement of findings under subsection (a)
by October 31, 2022, this Act is repealed and any amounts--
(A) appropriated under section 104, together with
any investment earnings on those amounts, less any
amounts expended under subsections (a)(9), (b)(9), and
(c)(1) of section 103, shall revert immediately to the
general fund of the Treasury;
(B) transferred pursuant to subsections
(a)(2)(B)(i) and (c)(2)(B)(i) of section 104 to the
Navajo Groundwater Projects Account and the Hopi
Groundwater Project Account from the Future Indian
Water Settlement Subaccount of the Lower Colorado River
Basin Development Fund established pursuant to section
403(f)(2)(D)(vi) of the Colorado River Basin Project
Act (43 U.S.C. 1543(f)(2)(D)(vi)), together with any
investment earnings on those amounts, shall be returned
immediately to the Future Indian Water Settlement
Subaccount of the Lower Colorado River Basin
Development Fund;
(C) transferred pursuant to section
104(a)(2)(B)(ii) to the Navajo Groundwater Projects
Account from the Reclamation Water Settlements Fund
established by section 10501 of the Omnibus Public Land
Management Act of 2009 (43 U.S.C. 407), together with
any investment earnings on those amounts, shall be
returned immediately to the Reclamation Water
Settlements Fund; and
(D) transferred pursuant to subsections
(a)(2)(B)(iii) and (c)(2)(B)(ii) of section 104 to the
Navajo Groundwater Projects Account and the Hopi
Groundwater Project Account, together with any
investment earnings on those amounts, shall be returned
immediately to the State.
(2) Severability.--Notwithstanding paragraph (1), if the
Secretary does not publish in the Federal Register a statement
of findings under subsection (a) by October 31, 2022, the
designation under section 109(g) and the provisions of sections
205(a)(1), 205(a)(2)(B), 205(a)(3), 205(a)(4), 205(a)(5), and
206 shall remain in effect.
(c) Right To Offset.--
(1) Navajo nation.--If the Secretary has not published in
the Federal Register the statement of findings under subsection
(a) by October 31, 2022, the United States shall be entitled to
offset any Federal amounts made available under subsections
(a)(9) and (c)(1) of section 103 that were used or authorized
for any use under those subsections against any claim asserted
by the Navajo Nation against the United States described in
section 105(a)(2)(A).
(2) Hopi tribe.--If the Secretary has not published in the
Federal Register the statement of finding under subsection (a)
by October 31, 2022, the United States shall be entitled to
offset any Federal amounts made available under subsections
(b)(9) and (c)(1) of section 103 that were used or authorized
for any use under those subsections against any claim asserted
by the Hopi Tribe against the United States described in
section 105(b)(2)(A).
SEC. 109. ADMINISTRATION.
(a) Sovereign Immunity.--If any party to the settlement agreement
brings an action in any court of the United States or any State court
relating only and directly to the interpretation or enforcement of this
Act or the settlement agreement and names the United States, the Navajo
Nation, or the Hopi Tribe as a party, or if any other landowner or
water user in the Gila River or LCR basins in the State files a lawsuit
relating only and directly to the interpretation or enforcement of
paragraph 11.0 of the settlement agreement or section 105 of this Act,
naming the United States, or the Navajo Nation or the Hopi Tribe as a
party--
(1) the United States, the Navajo Nation, or the Hopi Tribe
may be joined in the action; and
(2) any claim by the United States, the Navajo Nation, or
the Hopi Tribe to sovereign immunity from the action is waived,
but only for the limited and sole purpose of the interpretation
or enforcement of this Act or the settlement agreement.
(b) No Quantification or Effect on Rights of Other Indian Tribes or
the United States on Behalf of Other Indian Tribes.--
(1) In general.--Except as provided in paragraph 7.2 of the
settlement agreement or in paragraph (2), nothing in this Act--
(A) shall be construed to quantify or otherwise
affect the water rights, claims, or entitlements to
water of any Indian tribe, nation, band, or community,
including the San Juan Southern Paiute Tribe, other
than the Hopi Tribe and the Navajo Nation; or
(B) shall affect the ability of the United States
to take action on behalf of any Indian tribe, nation,
band, or community, including the San Juan Southern
Paiute Tribe, other than the Hopi Tribe, members of the
Hopi Tribe, allottees of the Hopi Tribe, the Navajo
Nation, members of the Navajo Nation, and allottees of
the Navajo Nation.
(c) Antideficiency.--
(1) In general.--The expenditure or advance of any money or
the performance of any obligation by the United States, in any
capacity, under this Act shall be contingent on the
appropriation of funds.
(2) Liability.--The United States shall not be liable for
the failure to carry out any obligation or activity authorized
under this Act (including any obligation or activity under this
Act) if Congress does not provide adequate appropriations
expressly to carry out the purposes of this Act.
(d) Reclamation Reform Act.--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.
(e) Dismissal of Pending Navajo Nation Court Case.--Not later than
30 days after the date on which the settlement agreement is executed by
the United States, the Navajo Nation shall execute and file a
stipulation and proposed order, substantially in the form attached to
the settlement agreement as exhibit 11.9 for--
(1) the dismissal with prejudice of the first, second,
third, fourth, and fifth claims for relief contained in the
complaint for declaratory and injunctive relief in the case
styled Navajo Nation v. United States Department of the
Interior, No. CV-03-0507-PCT-PGR (D. Ariz. March 14, 2003); and
(2) the dismissal without prejudice of the sixth claim for
relief contained in the complaint described in paragraph (1).
(f) Tolling of Statutes of Limitations.--Any statute of limitations
that may otherwise apply to, limit, or bar the sixth claim for relief
described in subsection (e)(2) shall be tolled as follows:
(1) If a settlement of the claims by the Navajo Nation to
Lower Colorado River water has been approved by an Act of
Congress enacted on or before December 15, 2022, then any
statute of limitations that may otherwise apply to, limit, or
bar the sixth claim for relief shall be tolled until the Navajo
Nation waives the claims to Lower Colorado River water under
the Act of Congress.
(2) If a settlement of the claims of the Navajo Nation to
Lower Colorado River water has not been approved by An act of
Congress on or before December 15, 2022, then any statute of
limitations that may otherwise apply to, limit, or bar the
sixth claim for relief shall be tolled until December 15, 2022.
(g) Pete Shumway Dam & Reservoir.--
(1) In general.--The facility known as Schoens Lake,
Schoens Dam, and Schoens Reservoir, located on Show Low Creek
in Navajo County, Arizona shall be known and designated as the
``Pete Shumway Dam and Reservoir''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
facility described in paragraph (1) shall be deemed to be a
reference to the ``Pete Shumway Dam and Reservoir''.
SEC. 110. ENVIRONMENTAL COMPLIANCE.
(a) Environmental Compliance.--In implementing the settlement
agreement and this Act, the Secretary shall comply with all applicable
Federal environmental laws and regulations, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Execution of the Settlement Agreement.--Execution of the
settlement agreement by the Secretary as provided in this Act shall not
constitute a major Federal action under section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332).
(c) Lead Agency.--The Commissioner of the Bureau of Reclamation
shall be primarily responsible to ensure environmental compliance in
carrying out this Act.
(d) No Effect on Enforcement of Environmental Laws.--Nothing in
this Act precludes the United States, the Navajo Nation, or the Hopi
Tribe, when delegated regulatory authority, from enforcing Federal
environmental laws, including--
(1) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including
claims for damages for harm to natural resources;
(2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(4) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
or
(5) any regulation implementing 1 or more of those Acts.
TITLE II--CENTRAL ARIZONA PROJECT WATER
SEC. 201. CONDITIONS FOR REALLOCATION OF CAP NIA PRIORITY WATER.
(a) Reallocation.--
(1) In general.--The Secretary shall neither reallocate any
CAP NIA priority water to the Navajo Nation under section
202(a) nor enter into a contract with the Navajo Nation for the
delivery of that water under section 202(c) unless and until
the Secretary has published in the Federal Register the
statement of findings referred to in subsection (b) that all of
the conditions described in paragraph (2) have been satisfied.
(2) Conditions.--The conditions described in this paragraph
are that--
(A) the LCR enforceability date has occurred;
(B) the Navajo Nation and the Navajo project
lessees, with the approval of the Secretary, have
executed an amendment to the Navajo Project Lease
extending the term of the Navajo Project Lease through
December 23, 2044;
(C) the Secretary, with the consent of the Navajo
Nation, has issued or renewed to the Navajo project
lessees, in a form acceptable to the Navajo project
lessees, grants of Federal rights-of-way and easements
pursuant to the first section of the Act of February 5,
1948 (25 U.S.C. 323), for--
(i) the land subject to the Navajo Project
Lease and for the railroad-granted land, the
terms of which shall extend through the term of
the Navajo Project Lease, as amended; and
(ii) the power transmission lines over and
across land on the Navajo Reservation, the
terms of which shall extend through the term of
the Navajo Project Lease, as amended, described
as--
(I) the grant entitled ``Grant of
Easement or Right of Way from the
Bureau of Indian Affairs, Window Rock,
Arizona, Grantor'', dated February
1971, for the construction, operation,
maintenance, replacement, and removal
of the Navajo Project Southern
Transmission System, with Map Nos. INH-
96, sheets 1-4, B29036, dated May 28,
1970, marked as Exhibit B to that
grant, and the complete centerline
description shown on Exhibit A of that
grant;
(II) the grant entitled ``Grant of
Easement and Right-of-Way by the United
States of America, Bureau of Indian
Affairs, Department of the Interior,
Window Rock, Arizona, Grantor'', dated
September 8, 1988, including amendments
to that grant, for the construction,
operation, and maintenance of the
Navajo-McCullough Transmission Line, as
shown on the Map marked Exhibit B to
that grant and more particularly
described in the right-of-way
description marked Exhibit A to that
grant; and
(III) a right-of-way or permit for
the Navajo Generating Station/Western
Area Power Administrative Intertie
Transmission System, running from the
Navajo Generating Station switchyard
approximately 200 feet to the Western
Area Power Administration transmission
line;
(D) Peabody has leased coal in sufficient quantity
and quality from the Navajo Nation, or the Navajo
Nation and the Hopi Tribe, for the Navajo Generating
Station to operate through the term of the Navajo
Project Lease, as amended;
(E) the surface coal mining permit, or a revision
of that permit, has been issued by the Secretary,
acting through the Office of Surface Mining,
Reclamation and Enforcement, to Peabody authorizing the
operation of the Kayenta mine and the mining of the
quantities of coal referred to in subparagraph (D)
through the term of the Navajo Project Lease, as
amended;
(F) Peabody and the Navajo project lessees have
entered into a coal supply contract for the purchase of
the quantities and quality of coal referred to in
subparagraph (D) that extends through the term of the
Navajo Project Lease, as amended;
(G) the term of the contract for water service
among the Navajo project lessees and the Bureau of
Reclamation for the consumptive use at the Navajo
Generating Station of up to 34,100 afy of upper basin
water has been extended through the term of the Navajo
Project Lease, as amended; and
(H) the Secretary, acting through the Director of
the National Park Service, has reissued or extended the
right-of-way permit No. RW GLCA-06-002, issued on
August 30, 2006, through the term of the Navajo Project
Lease, as amended.
(b) Publication of Statement of Findings.--Upon satisfaction of all
of the conditions described in subsection (a)(2), the Secretary shall
publish in the Federal Register a statement of findings that each of
the conditions has been met.
(c) Timing of Reallocation.--Upon publication in the Federal
Register of the statement of findings referred to in subsection (b),
the Secretary shall reallocate to the Navajo Nation the CAP NIA
priority water in accordance with section 202(a) and enter into a
contract with the Navajo Nation for the delivery of that water in
accordance with section 202(c), through the Navajo-Gallup water supply
project in accordance with this Act.
(d) Failure to Publish Notice.--If the Secretary fails to publish a
statement of findings in the Federal Register under subsection (b) by
October 31, 2022--
(1) the authority provided under this section and section
202 shall terminate; and
(2) this section and section 202, 203, 204, 205(a)(2)(A),
and 205(b) shall be of no further force or effect.
SEC. 202. REALLOCATION OF CAP NIA PRIORITY WATER, FIRMING, WATER
DELIVERY CONTRACT.
(a) Reallocation to the Navajo Nation.--
(1) In general.--On the date on which the Secretary
publishes in the Federal Register the statement of findings
under section 201(b), the Secretary shall reallocate to the
Navajo Nation the Navajo Nation CAP water.
(2) Availability and use.--The water reallocated under
paragraph (1) shall be available for diversion and use from the
San Juan River pursuant to and consistent with section
10603(b)(2)(D) of the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 1383) (as amended by section
205).
(b) Firming.--
(1) Navajo nation cap water.--The Navajo Nation CAP water
shall be firmed as follows:
(A) In accordance with section 105(b)(1)(B) of the
Arizona Water Settlements Act (Public Law 108-451; 118
Stat. 3492), the Secretary shall firm 50 percent of the
Navajo Nation CAP water to the equivalent of CAP M&I
priority water for the period of 100 years beginning on
January 1, 2008.
(B) In accordance with section 105(b)(2)(B) of the
Arizona Water Settlements Act (Public Law 108-451; 118
Stat. 3492), the State shall firm 50 percent of the
Navajo Nation CAP water to the equivalent of CAP M&I
priority water for the period of 100 years beginning on
January 1, 2008.
(2) Additional firming.--The Navajo Nation may, at the
expense of the Navajo Nation, take additional actions to firm
or supplement the Navajo Nation 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) Navajo Nation Water Delivery Contract.--
(1) Contract.--
(A) In general.--The Secretary shall enter into the
Navajo Nation water delivery contract, in accordance
with the settlement agreement, which shall meet, at a
minimum, the requirements described in subparagraph
(B).
(B) Requirements.--The requirements described in
this subparagraph are as follows:
(i) Authorization.--The contract entered
into under subparagraph (A) shall be for
permanent service (as that term is used in
section 5 of the Boulder Canyon Project Act (43
U.S.C. 617d)), and shall be without limit as to
term.
(ii) Navajo nation cap water.--
(I) In general.--The Navajo Nation
CAP water may be delivered through the
Navajo-Gallup water supply project for
use in the State.
(II) Method of delivery.--Subject
to the physical availability of water
from the San Juan River and to the
rights of the Navajo Nation to use that
water, deliveries under this clause
shall be effected by the diversion and
use of water from the San Juan River
pursuant to section 10603 of the
Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat.
1382) (as amended by section 205).
(iii) Contractual delivery.--The Secretary
shall deliver the Navajo Nation CAP water to
the Navajo Nation in accordance with the terms
and conditions of the Navajo Nation water
delivery contract.
(iv) Curtailment.--Except to the extent
that the Navajo Nation CAP water is firmed by
the United States and the State under
subsection (b)(1) or is otherwise firmed by the
Navajo Nation, deliveries of the Navajo Nation
CAP water shall be subject to curtailment in
that--
(I) deliveries of the Navajo Nation
CAP water effected by the diversion of
water from the San Juan River shall be
curtailed during shortages of CAP NIA
priority water to the same extent as
other CAP NIA priority water supplies;
and
(II) the extent of that curtailment
shall be determined in accordance with
clause (xvi).
(v) Leases and exchanges of navajo nation
cap water.--On and after the date on which the
Navajo Nation water delivery contract becomes
effective, the Navajo Nation may, with the
approval of the Secretary, enter into contracts
to lease, options to lease, exchange, or
options to exchange the Navajo Nation CAP water
within Apache, Cochise, Coconino, Gila, Graham,
Maricopa, Navajo, Pima, Pinal, Santa Cruz, and
Yavapai Counties, Arizona, providing for the
temporary delivery to other persons of any
portion of Navajo Nation CAP water.
(vi) Term of leases and exchanges.--
(I) Leasing.--Contracts to lease
and options to lease under clause (v)
shall be for a term not to exceed 100
years.
(II) Exchanging.--Contracts to
exchange or options to exchange under
clause (v) shall be for the term
provided for in each such contract or
option.
(III) Renegotiation.--The Navajo
Nation may, with the approval of the
Secretary, renegotiate any lease
described in clause (v), at any time
during the term of the lease, if the
term of the renegotiated lease does not
exceed 100 years.
(vii) Prohibition on permanent
alienation.--No Navajo Nation CAP water may be
permanently alienated.
(viii) No firming of leased water.--The
firming obligations described in subsection
(b)(1) shall not apply to any Navajo Nation CAP
water leased by the Navajo Nation to other
persons.
(ix) Entitlement to lease and exchange
funds.--
(I) In general.--Only the Navajo
Nation, and not the United States in
any capacity, shall be entitled to all
consideration due to the Navajo Nation
under any contracts to lease, options
to lease, contracts to exchange, or
options to exchange the Navajo Nation
CAP water entered into by the Navajo
Nation.
(II) Obligations of united
states.--The United States in any
capacity shall have no trust or other
obligation to monitor, administer, or
account for, in any manner, any funds
received by the Navajo Nation as
consideration under any contracts to
lease, options to lease, contracts
exchange, or options to exchange the
Navajo Nation CAP water entered into by
the Navajo Nation, except in a case in
which the Navajo Nation deposits the
proceeds of any such lease, option to
lease, exchange, or option to exchange
into an account held in trust for the
Navajo Nation by the United States.
(x) Water use on navajo land.--
(I) In general.--Except as
authorized by clause (v), the Navajo
Nation CAP water may only be used on--
(aa) the Navajo
Reservation;
(bb) land held in trust by
the United States for the
benefit of the Navajo Nation;
or
(cc) land owned by the
Navajo Nation in fee that is
located within the State.
(II) Storage.--The Navajo Nation
may store the Navajo Nation CAP water
at underground storage facilities or
groundwater savings facilities located
within the CAP system service area,
consisting of Pima, Pinal, and Maricopa
Counties, in accordance with State law.
(III) Assignment.--The Navajo
Nation may assign any long-term storage
credits accrued as a result of storage
under subclause (II) in accordance with
State law.
(xi) No use outside arizona.--
(I) In general.--No Navajo Nation
CAP water may be used, leased,
exchanged, forborne, or otherwise
transferred by the Navajo Nation for
use directly or indirectly outside of
the State.
(II) Agreements.--Nothing in this
Act or the settlement agreement limits
the right of the Navajo Nation to enter
into any agreement with the Arizona
Water Banking Authority, or any
successor agency or entity, in
accordance with State law.
(xii) 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 the Navajo Nation CAP water.
(II) Payment of charges.--Except as
provided in clause (xiii), all CAP
fixed OM&R charges associated with the
delivery of the Navajo Nation CAP water
to the Navajo Nation shall be paid by--
(aa) the Secretary,
pursuant to section
403(f)(2)(A) of the Colorado
River Basin Project Act (43
U.S.C. 1543(f)(2)(A)), as long
as funds for that payment are
available in the Lower Colorado
River Basin Development Fund;
and
(bb) if those funds become
unavailable, the Navajo Nation.
(xiii) Lessee responsibility for charges.--
(I) In general.--Any lease or
option to lease providing for the
temporary delivery to other persons of
any Navajo Nation 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 Navajo Nation nor
the United States in any capacity shall
be responsible for the payment of any
charges associated with the delivery of
the Navajo Nation CAP water leased to
other persons.
(xiv) Advance payment.--No Navajo Nation
CAP water shall be delivered unless the CAP
fixed OM&R charges and the CAP pumping energy
charges associated with the delivery of that
water have been paid in advance.
(xv) Calculation.--The charges for delivery
of the Navajo Nation CAP water pursuant to the
Navajo Nation water delivery contract shall be
calculated in accordance with the CAP repayment
stipulation.
(xvi) Shortages of navajo nation cap
water.--If, for any year, the available CAP
supply is insufficient to meet all demands
under CAP contracts 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 holding contractual entitlements to
CAP NIA priority water on the basis of the
quantity of CAP NIA priority water used by each
such CAP contractor in the last year for which
the available CAP supply was sufficient to fill
all orders for CAP NIA priority water.
(xvii) Cap repayment.--For purpose of
determining the allocation and repayment of
costs of any stages of the CAP constructed
after November 21, 2007, the costs associated
with the delivery of the Navajo Nation CAP
water, regardless of whether the Navajo Nation
CAP water is delivered for use by the Navajo
Nation or in accordance with any lease, option
to lease, exchange, or option to exchange
providing for the delivery to other persons of
the Navajo Nation CAP water, shall be--
(I) nonreimbursable; and
(II) excluded from the repayment
obligation of the Central Arizona Water
Conservation District.
(xviii) Nonreimbursable cap construction
costs.--
(I) In general.--With respect to
the costs associated with the
construction of the CAP system
allocable to the Navajo Nation--
(aa) the costs shall be
nonreimbursable; and
(bb) the Navajo Nation
shall have no repayment
obligation for the costs.
(II) Capital charges.--No CAP water
service capital charges shall be due or
payable for the Navajo Nation CAP
water, regardless of whether the water
is delivered for use by the Navajo
Nation or is delivered under any lease,
option to lease, exchange, or option to
exchange the Navajo Nation CAP water
entered into by the Navajo Nation.
SEC. 203. COLORADO RIVER ACCOUNTING.
(a) Accounting for the Type of Water Delivered.--All deliveries of
the Navajo Nation CAP water effected by the diversion of water from the
San Juan River shall be accounted for as deliveries of CAP water.
(b) Accounting for as Lower Basin Use in Arizona Regardless of
Place of Use or Point of Diversion.--All Navajo Nation CAP water
delivered to and consumptively used by the Navajo Nation or lessees of
the Navajo Nation pursuant to the settlement agreement and this Act
shall be--
(1) accounted for as if the use had occurred in the lower
basin, regardless of the point of diversion or place of use;
(2) credited as water reaching Lee Ferry pursuant to
articles III(c) and III(d) of the Colorado River Compact;
(3) charged against the consumptive use apportionment made
to the lower basin by article III(a) of the Colorado River
Compact; and
(4) accounted for as part of and charged against the
2,800,000 afy of Colorado River water apportioned to Arizona in
article II(B)(1) of the decree.
(c) Limitations.--
(1) In general.--Notwithstanding subsections (a) and (b)
and subject to paragraphs (2) and (3), no water diverted by the
Navajo-Gallup water supply project shall be accounted for as
provided in subsections (a) and (b) until such time as the
Secretary has developed and, as necessary, modified, in
consultation with the Upper Colorado River Commission and the
representatives of Governors on Colorado River Operations from
each of the respective State signatories to the Colorado River
Compact, all operational and decisional criteria, policies,
contracts, guidelines, or other documents that control the
operations of the Colorado River system reservoirs and
diversion works, so as to adjust, account for, and offset the
diversion of water apportioned to the State, pursuant to the
Boulder Canyon Project Act (43 U.S.C. 617 et seq.), from a
point of diversion on the San Juan River in New Mexico.
(2) Modifications.--All modifications under paragraph (1)
shall be--
(A) consistent with section 10603(c)(2)(A) of the
Omnibus Public Land Management Act of 2009 (Public Law
111-11; 123 Stat. 1384) and this Act; and
(B) applicable only for the duration of any
diversion described in paragraph (1) pursuant to
section 10603(c)(2)(B) of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat.
1384) and this Act.
(3) Administration.--Article II(B) of the decree shall be
administered so that diversions from the mainstream of the
Colorado River for the Central Arizona Project, as served under
existing contracts with the United States by diversion works
constructed before the date of enactment of this Act, shall be
limited and reduced to offset any diversions of CAP water made
pursuant to section 10603(c)(2)(B) of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1384) and
this Act.
(4) Effect of subsection.--This subsection shall not--
(A) affect, in any manner, the quantity of water
apportioned to the State pursuant to the Boulder Canyon
Project Act (43 U.S.C. 617 et seq.) and the decree; or
(B) amend any provision of the decree or the
Colorado River Basin Project Act (43 U.S.C. 1501 et
seq.).
SEC. 204. NO MODIFICATION OF EXISTING LAWS.
(a) No Modification or Preemption of Other Laws.--Unless expressly
provided in this Act, nothing in this Act modifies, conflicts with,
preempts, or otherwise affects--
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2) the Boulder Canyon Project Adjustment Act (43 U.S.C.
618 et seq.);
(3) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(4) the Colorado River Basin Project Act (43 U.S.C. 1501 et
seq.);
(5) the Treaty between the United States of America and
Mexico respecting utilization of waters of the Colorado and
Tijuana Rivers and of the Rio Grande, signed at Washington on
February 3, 1944 (59 Stat. 1219);
(6) the Colorado River Compact;
(7) the Upper Colorado River Basin Compact; or
(8) the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991).
(b) No Precedent.--Nothing in this Act--
(1) authorizes or establishes a precedent for any type of
transfer of Colorado River system water between the upper basin
and the lower basin; or
(2) expands the authority of the Secretary in the upper
basin.
(c) Preservation of Existing Rights.--
(1) In general.--Rights to the consumptive use of water
available to the upper basin from the Colorado River system
under the Colorado River Compact and the Upper Colorado River
Basin Compact shall not be reduced or prejudiced by any use of
water pursuant to section 10603(c) of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1384) or
this Act.
(2) No effect on duties and powers.--Nothing in this Act
impairs, conflicts with, or otherwise changes the duties and
powers of the Upper Colorado River Commission.
(d) Unique Situation.--Diversions through the Navajo-Gallup water
supply project consistent with this Act address critical tribal and
non-Indian water supply needs under unique circumstances, including--
(1) the intent to benefit Indian tribes in the United
States;
(2) the location of the Navajo Nation in both the upper
basin and the lower basin;
(3) the intent to address critical Indian and non-Indian
water needs in the State; and
(4) the lack of other reasonable options available for
developing a firm, sustainable supply of municipal water for
the Navajo Nation in the State.
(e) Efficient Use.--The diversions and uses authorized for the
Navajo-Gallup water supply project under this Act represent unique and
efficient uses of Colorado River apportionments in a manner that
Congress has determined would be consistent with the obligations of the
United States to the Navajo Nation.
SEC. 205. AMENDMENTS.
(a) Amendments to the Omnibus Public Land Management Act of 2009.--
(1) Definitions.--Section 10302 of the Omnibus Public Land
Management Act of 2009 (43 U.S.C. 407 note; Public Law 111-11)
is amended--
(A) in paragraph (2), by striking ``Arrellano'' and
inserting ``Arellano''; and
(B) in paragraph (27), by striking ``75-185'' and
inserting ``75-184''.
(2) Delivery and use of navajo-gallup water supply project
water.--Section 10603(c) of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1384) is amended--
(A) in paragraph (1)(A), by striking ``Lower Basin
and'' and inserting ``Lower Basin or''; and
(B) in paragraph (2)(A)--
(i) in clause (i), by striking ``Article
III(c)'' and inserting ``Articles III(c)''; and
(ii) in clause (ii)(II), by striking
``Article III(c)'' and inserting ``Articles
III(c)''.
(3) Project contracts.--Section 10604(f)(1) of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 1391) is amended by inserting ``Project'' before
``water.''
(4) Authorization of appropriations.--Section 10609 of the
Omnibus Public Land Management Act of 2009 (Public Law 111-11;
123 Stat. 1395) is amended--
(A) in paragraphs (1) and (2) of subsection (b), by
striking ``construction or rehabilitation'' each place
it appears and inserting ``planning, design,
construction, rehabilitation,'';
(B) in subsection (e)(1), by striking ``2 percent''
and inserting ``4 percent''; and
(C) in subsection (f)(1), by striking ``4 percent''
and inserting ``2 percent''.
(5) Agreement.--Section 10701(e) of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1400) is
amended in paragraphs (2)(A), (2)(B), and (3)(A) by striking
``and Contract'' each place it appears.
(b) Amendments to the Arizona Water Settlements Act of 2004.--
Section 104(a)(1)(B)(ii) of the Arizona Water Settlements Act of 2004
(Public Law 108-451; 118 Stat. 3487) is amended in the first sentence
by striking ``claims to water in Arizona'' and inserting ``claims to
the Little Colorado River in Arizona.''
(c) Effective Dates.--The amendments made by subsections (a)(2)(A)
and (b) take effect on the date of publication in the Federal Register
of the statement of findings described in section 201(b).
SEC. 206. RETENTION OF LOWER COLORADO RIVER WATER FOR FUTURE LOWER
COLORADO RIVER SETTLEMENT.
(a) Retention of CAP NIA Priority Water.--Notwithstanding section
104(a)(1)(B)(i) of the Arizona Water Settlements Act (Public Law 108-
451; 118 Stat. 3487), the Secretary shall retain until January 1,
2031--
(1) 22,589 afy of the CAP NIA priority water referred to in
section 104(a)(1)(A)(iii) of that Act (Public Law 108-451; 118
Stat. 3487) for use in a future settlement of the claims of the
Navajo Nation to Lower Colorado River water; and
(2) 1,000 afy of the CAP NIA priority water referred to in
section 104(a)(1)(A)(iii) of that Act (Public Law 108-451; 118
Stat. 3487) for use in a future settlement of the claims of the
Hopi Tribe to Lower Colorado River water.
(b) Retention of Fourth Priority Mainstream Colorado River Water.--
The Secretary shall retain--
(1) 2,000 afy of the 3,500 afy of uncontracted Arizona
fourth priority Colorado River water referred to in section
11.3 of the Arizona Water Settlement Agreement, among the
Director of the Arizona Department of Water Resources, the
Central Arizona Water Conservation District, and the Secretary,
dated August 16, 2004, for use in a future settlement of the
claims of the Navajo Nation to Lower Colorado River water; and
(2) 1,500 afy of the 3,500 afy of uncontracted Arizona
fourth priority Colorado River water referred to in
subparagraph 11.3 of the Arizona Water Settlement Agreement,
among the Director of the Arizona Department of Water
Resources, the Central Arizona Water Conservation District, and
the Secretary, dated August 16, 2004, for use in a future
settlement of the claims of the Hopi Tribe to Lower Colorado
River water.
(c) Conditions.--
(1) Navajo nation.--If Congress does not approve a
settlement of the claims of the Navajo Nation to Lower Colorado
River water by January 1, 2031, the 22,589 afy of CAP NIA
priority water referred to in subsection (a)(1) shall be
available to the Secretary under section 104(a)(1)(B)(i) of the
Arizona Water Settlements Act (Public Law 108-451; 118 Stat.
3487).
(2) Hopi tribe.--If Congress does not approve a settlement
of the claims of the Hopi Tribe to Lower Colorado River water
by January 1, 2031, the 1,000 afy of CAP NIA priority water
referred to in subsection (a)(2) shall be available to the
Secretary under section 104(a)(1)(B)(i) of the Arizona Water
Settlements Act (Public Law 108-451; 118 Stat. 3487).
(3) Water retained for the navajo nation.--
(A) In general.--Except as provided in subparagraph
(B), the fourth priority Colorado River water retained
for the Navajo Nation under subsection (b)(1) shall not
be allocated, nor shall any contract be issued under
the Boulder Canyon Project Act (42 U.S.C. 617 et seq.)
for the use of the water, until a final Indian water
rights settlement for the Navajo Nation has been
approved by Congress, resolving the claims of the
Navajo Nation to Lower Colorado River water within the
State.
(B) Adjudication of navajo nation claims.--
(i) In general.--Except as provided in
paragraph (1) and subparagraph (C), if the
claims of the Navajo Nation to Lower Colorado
River water are fully and finally adjudicated
through litigation without a settlement of
those claims, the 22,589 afy of CAP NIA
priority water referred to in subsection (a)(1)
and the 2,000 afy of fourth priority Colorado
River water referred to in subsection (b)(1)--
(I) shall no longer be retained as
provided in those subsections; but
(II) shall be used to satisfy, in
whole or in part, any rights of the
Navajo Nation to Lower Colorado River
water determined through that
litigation.
(ii) Manner and extent of distribution.--
(I) In general.--Notwithstanding
the last sentence of section
104(a)(1)(B)(i) of the Arizona Water
Settlements Act (Public Law 108-451;
118 Stat. 3487), the manner and extent
to which the water described in clause
(i) shall be used to satisfy any rights
of the Navajo Nation shall be
determined by the court in the
litigation.
(II) CAP nia priority water.--To
the extent that any of the CAP NIA
priority water is not needed to satisfy
any rights of the Navajo Nation
described in clause (i), the water
shall be available to the Secretary
under section 104(a)(1)(B)(i) of the
Arizona Water Settlements Act (Public
Law 108-451; 118 Stat. 3487).
(III) Fourth priority colorado
river water.--To the extent that any of
the fourth priority Colorado River
water is not needed to satisfy any
rights of the Navajo Nation described
in clause (i), the water shall be
retained by the Secretary for uses
relating to Indian water right
settlements in the State.
(C) Termination of retention of cap water.--
(i) In general.--If the Navajo Nation files
an action against the United States regarding
the claims of the Navajo Nation to Lower
Colorado River water or the operation of the
Lower Colorado River after the Navajo Nation
dismisses the court case described in section
109(e) and before January 1, 2031, the
Secretary may, prior to any judicial
determination of the claims asserted in the
action, terminate the retention of the 22,589
afy of CAP NIA priority water described in
subsection (a)(1).
(ii) Requirements following termination.--
If the Secretary terminates the retention of
the 22,589 afy of CAP NIA priority water under
this subsection, the Secretary shall--
(I) promptly give written notice of
that action to the Navajo Nation and
the Arizona Department of Water
Resources; and
(II) use the 22,589 afy of CAP NIA
priority water as provided in section
104(a)(1)(B)(i) of the Arizona Water
Settlements Act (Public Law 108-451;
118 Stat. 3487).
(4) Water retained for hopi tribe.--
(A) In general.--Except as provided in subparagraph
(B), the fourth priority Colorado River water retained
for the Hopi Tribe under subsection (b)(2) shall not be
allocated, nor shall any contract be issued under the
Boulder Canyon Project Act (43 U.S.C. 617 et seq.) for
the use of the water, until a final Indian water rights
settlement for the Hopi Tribe and the Navajo Nation has
been approved by Congress, resolving the claims of the
Hopi Tribe and the Navajo Nation to Lower Colorado
River water within the State.
(B) Adjudication of hopi tribe claims.--
(i) In general.--Except as provided in
paragraph (1) and subparagraph (C), if the
claims of the Hopi Tribe to the Lower Colorado
River are fully and finally adjudicated through
litigation without a settlement of those
claims, the 1,000 afy of CAP NIA priority water
referred to in subsection (a)(2) and the 1,500
afy of fourth priority Colorado River water
referred to in subsection (b)(2)--
(I) shall no longer be retained as
provided in those subsections; but
(II) shall be used to satisfy, in
whole or in part, any rights of the
Hopi Tribe to Lower Colorado River
water determined through that
litigation.
(ii) Manner and extent of distribution of
water.--
(I) In general.--Notwithstanding
the last sentence of section
104(a)(1)(B)(i) of the Arizona Water
Settlements Act (Public Law 108-451;
118 Stat. 3487), the manner and extent
to which the water described in clause
(i) shall be used to satisfy any rights
of the Hopi Tribe shall be determined
by the court in the litigation.
(II) CAP nia priority water.--To
the extent that any of the CAP NIA
priority water is not needed to satisfy
any rights of the Hopi Tribe described
in clause (i), that water shall be
available to the Secretary under
section 104(A)(1)(B)(i) of the Arizona
Water Settlements Act (Public Law 108-
451; 118 Stat. 3487).
(III) Fourth priority colorado
river water.--To the extent that any of
the fourth priority Colorado River
water is not needed to satisfy any
rights of the Hopi Tribe described in
clause (i), that water shall be
retained by the Secretary for uses
relating to Indian water right
settlements in the State.
(C) Termination of retention of cap water.--
(i) In general.--If the Hopi Tribe files an
action against the United States regarding the
claims of the Hopi Tribe to Lower Colorado
River water or the operation of the Lower
Colorado River before January 1, 2031, the
Secretary may, prior to any judicial
determination of those claims, terminate the
retention of the 1,000 afy of CAP NIA priority
water described in subsection (a)(2).
(ii) Requirements following termination.--
If the Secretary terminates the retention of
the 1,000 afy of CAP NIA priority water under
this subparagraph, the Secretary shall--
(I) promptly give written notice of
that action to the Hopi Tribe and the
Arizona Department of Water Resources;
and
(II) use the 1,000 afy of CAP NIA
priority water as provided in section
104(A)(1)(B)(i) of the Arizona Water
Settlements Act (Public Law 108-451;
118 Stat. 3487).
(5) Effect of section.--Nothing in this section determines,
confirms, or limits the validity or extent of the claims of the
Navajo Nation and the Hopi Tribe to Lower Colorado River water.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS FOR FEASIBILITY STUDY.
There is authorized to be appropriated to complete the feasibility
investigations of the Western Navajo Pipeline component of the North
Central Arizona Water Supply Study $3,300,000.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S620-621)
Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S621-636)
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