(This measure has not been amended since it passed the House on December 1, 2014. The summary of that version is repeated here.)
Bill Williams River Water Rights Settlement Act of 2014 - (Sec. 4) Authorizes, ratifies, and confirms: (1) the Big Sandy River-Planet Ranch Water Rights Settlement Agreement (Big Sandy River-Planet Ranch Agreement) entered into by the Hualapai Tribe (Tribe), its members and allottees, the United States as trustee for the Tribe, the Secretary of the Interior (Secretary), the Arizona Department of Water Resources, the Freeport Minerals Corporation (Corporation), and the Arizona Game and Fish Commission; and (2) any amendment to that Agreement that is executed to make it consistent with this Act.
Directs the Secretary of the Interior to execute the Big Sandy River-Planet Ranch Agreement and any amendment to that Agreement that is necessary to make it consistent with this Act.
Requires the Secretary to also execute a conditional withdrawal of the Department of the Interior's objections to specified applications by the Corporation to sever and transfer certain water rights from: (1) Lincoln Ranch and Planet Ranch to the Wikieop Wellfield for use at the Bagdad Mine Complex and Bagdad Townsite, and (2) portions of Planet Ranch to new locations within that Ranch.
(Sec. 5) Authorizes, ratifies, and confirms: (1) the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement (Hualapai Tribe Agreement) entered into by the Tribe, its members and allottees, the United States as trustee for the Tribe, and the Corporation; and (2) any amendment to that Agreement that is executed to make it consistent with this Act.
Directs the Secretary to execute the Hualapai Tribe Agreement and any amendment to that Agreement that is necessary to make it consistent with this Act.
Authorizes the Corporation's contribution to the economic development fund of the Tribe, as provided for in the Hualapai Tribe Agreement, to be used by the Tribe for the limited purpose of facilitating settlement of the Tribe's claims for Colorado River water rights by enabling the Tribe to: (1) acquire Colorado River water rights to increase the security of the Tribe's water rights, and (2) otherwise facilitate the use of water on the Hualapai Reservation.
Requires the Tribe to use those acquired water rights only: (1) to irrigate acquired appurtenant land or for storage in accordance with federal and state law in a permitted recharge facility in Arizona, subject to specified conditions. Terminates these use limitations on the earlier of: (1) the date the Hualapai Tribe Agreement becomes enforceable, or (2) December 31, 2039.
Provides that if the Hualapai Tribe Agreement does not become enforceable by December 31, 2039, any Colorado River water rights acquired by the Tribe with the Corporation's contribution to its economic development fund is to be counted toward the Tribe's clams for Colorado River water rights in any subsequent settlement or adjudication of those claims.
(Sec. 6) Provides for the waiver, release, and retention of specified water rights claims under both Agreements.
Authorizes the waiver and release of specified claims by the United States and the Tribe against the Corporation, pursuant to the Big Sandy River-Planet Ranch Agreement, for:
Authorizes the Tribe and the United States as trustee for the Tribe to waive and release their claims against the Corporation, pursuant to the Hualapai Tribe Agreement, for past, present, and future injuries to water rights resulting from the Corporation's diversion of water from the Bill Williams River watershed, provided such a diversion occurring after the enforceability date of the Big Sandy River-Planet Ranch and Hualapai Tribe Agreements does not violate those Agreements.
Authorizes the Tribe, in consideration of the benefits provided to it under both Agreements, to waive and release its claims against the United States for:
(Sec. 7) Amends the Omnibus Public Land Management Act of 2009 to allow any party to the Big Sandy River-Planet Ranch Agreement to commence a civil action relating only and directly to the interpretation or enforcement of: (1) the Bill Williams River water rights Settlement Act of 2014, or (2) the Big Sandy River-Planet Ranch Agreement. Requires those actions to be brought in the U.S. District Court for the District of Arizona or in a state court where a pending action has been brought to adjudicate the water rights associated with the Bill Williams River system and source.
Waives the sovereign immunity of the Tribe and the United States acting as trustee for the Tribe, but only for the purpose of interpreting or enforcing the Omnibus Public Land Management Act of 2009, the Big Sandy River-Planet Ranch Agreement, or the Hualapai Tribe Agreement.
(Sec. 8) Requires the Secretary to comply with all applicable federal environmental laws in implementing the Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, and this Act.
Provides that the Secretary's execution of those Agreements shall not constitute a major federal action for purposes of the National Environmental Policy Act of 1969.
(Sec. 9) Sets the enforceability date for such Agreements as the date the Secretary publishes specified findings in the Federal Register that certain actions have been taken in compliance with the terms of such Agreements and this Act.
Provides for the repeal of this Act if the Secretary does not publish such findings by: (1) December 31, 2015; or (2) 14 days after a later date agreed to by the Tribe, the Secretary, and the Corporation, after providing reasonable notice to Arizona.
[113th Congress Public Law 223]
[From the U.S. Government Publishing Office]
[[Page 2095]]
BILL WILLIAMS RIVER WATER RIGHTS SETTLEMENT ACT OF 2014
[[Page 128 STAT. 2096]]
Public Law 113-223
113th Congress
An Act
To direct the Secretary of the Interior to enter into the Big Sandy
River-Planet Ranch Water Rights Settlement Agreement and the Hualapai
Tribe Bill Williams River Water Rights Settlement Agreement, to provide
for the lease of certain land located within Planet Ranch on the Bill
Williams River in the State of Arizona to benefit the Lower Colorado
River Multi-Species Conservation Program, and to provide for the
settlement of specific water rights claims in the Bill Williams River
watershed in the State of Arizona. <<NOTE: Dec. 16, 2014 - [H.R.
4924]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Bill Williams
River Water Rights Settlement Act of 2014.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bill Williams River Water Rights
Settlement Act of 2014''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
certain claims among certain parties to water rights in the Bill
Williams River watershed in the State of Arizona for--
(A) the Hualapai Tribe (acting on behalf of the
Tribe and members of the Tribe); and
(B) the Department of the Interior, acting on behalf
of the Department and, as specified, the United States
as trustee for the Hualapai Tribe, the members of the
Tribe, and the allottees;
(2) to approve, ratify, and confirm--
(A) the Big Sandy River-Planet Ranch Water Rights
Settlement Agreement entered into among the Hualapai
Tribe, the United States as trustee for the Tribe, the
members of the Tribe and allottees, the Secretary of the
Interior, the Arizona department of water resources,
Freeport Minerals Corporation, and the Arizona Game and
Fish Commission, to the extent the Big Sandy River-
Planet Ranch Agreement is consistent with this Act; and
(B) the Hualapai Tribe Bill Williams River Water
Rights Settlement Agreement entered into among the
Tribe, the United States as trustee for the Tribe,
members of the Tribe, the allottees, and the Freeport
Minerals Corporation, to the extent the Hualapai Tribe
Agreement is consistent with this Act;
(3) to authorize and direct the Secretary--
(A) to execute the duties and obligations of the
Secretary under the Big Sandy River-Planet Ranch
Agreement, the Hualapai Tribe Agreement, and this Act;
[[Page 128 STAT. 2097]]
(B)(i) to remove objections to the applications for
the severance and transfer of certain water rights, in
partial consideration of the agreement of the parties to
impose certain limits on the extent of the use and
transferability of the severed and transferred water
right and other water rights; and
(ii) to provide confirmation of those water rights;
and
(C) to carry out any other activity necessary to
implement the Big Sandy River-Planet Ranch Agreement and
the Hualapai Tribe Agreement in accordance with this
Act;
(4) to advance the purposes of the Lower Colorado River
Multi-Species Conservation Program;
(5) to secure a long-term lease for a portion of Planet
Ranch, along with appurtenant water rights primarily along the
Bill Williams River corridor, for use in the Conservation
Program;
(6) to bring the leased portion of Planet Ranch into public
ownership for the long-term benefit of the Conservation Program;
and
(7) to secure from the Freeport Minerals Corporation non-
Federal contributions--
(A) to support a tribal water supply study necessary
for the advancement of a settlement of the claims of the
Tribe for rights to Colorado River water; and
(B) to enable the Tribe to secure Colorado River
water rights and appurtenant land, increase security of
the water rights of the Tribe, and facilitate a
settlement of the claims of the Tribe for rights to
Colorado River water.
SEC. 3. DEFINITIONS.
In this Act:
(1) ADWR.--The term ``ADWR'' means the Arizona department of
water resources, established pursuant to title 45 of the Arizona
Revised Statutes (or a successor agency or entity).
(2) Allotment.--The term ``allotment'' means the 4 off-
reservation parcels held in trust by the United States for
individual Indians in the Big Sandy River basin in Mohave
County, Arizona, under the patents numbered 1039995, 1039996,
1039997, and 1019494.
(3) Allottee.--The term ``allottee'' means any Indian owner
of an allotment under a patent numbered 1039995, 1039996,
1039997, or 1019494.
(4) Arizona game and fish commission.--The term ``Arizona
Game and Fish Commission'' means the entity established pursuant
to title 17 of the Arizona Revised Statutes to control the
Arizona game and fish department (or a successor agency or
entity).
(5) Bagdad mine complex and bagdad townsite.--The term
``Bagdad Mine Complex and Bagdad Townsite'' means the
geographical area depicted on the map attached as exhibit 2.9 to
the Big Sandy River-Planet Ranch Agreement.
(6) Big sandy river-planet ranch agreement.--The term ``Big
Sandy River-Planet Ranch Agreement'' means the Big Sandy River-
Planet Ranch Water Rights Settlement Agreement dated July 2,
2014, and any amendment or exhibit (including exhibit
amendments) to that Agreement that is--
[[Page 128 STAT. 2098]]
(A) made in accordance with this Act; or
(B) otherwise approved by the Secretary and the
parties to the Big Sandy River-Planet Ranch Agreement.
(7) Bill williams river watershed.--The term ``Bill Williams
River watershed'' means the watershed drained by the Bill
Williams River and the tributaries of that river, including the
Big Sandy and Santa Maria Rivers.
(8) Conservation program.--The term ``Conservation Program''
has the meaning given the term ``Lower Colorado River Multi-
Species Conservation Program'' in section 9401 of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11; 123 Stat.
1327).
(9) Corporation.--
(A) In general.--The term ``Corporation'' means the
Freeport Minerals Corporation, incorporated in the State
of Delaware.
(B) Inclusions.--The term ``Corporation'' includes
all subsidiaries, affiliates, successors, and assigns of
the Freeport Minerals Corporation (such as Byner Cattle
Company, incorporated in the State of Nevada).
(10) Department.--The term ``Department'' means the
Department of the Interior and all constituent bureaus of that
Department.
(11) Enforceability date.--The term ``enforceability date''
means the date described in section 9.
(12) Freeport groundwater wells.--
(A) In general.--The term ``Freeport Groundwater
Wells'' means the 5 wells identified by ADWR well
registration numbers--
(i) 55-592824;
(ii) 55-595808;
(iii) 55-595810;
(iv) 55-200964; and
(v) 55-908273.
(B) Inclusions.--The term ``Freeport Groundwater
Wells'' includes any replacement of a well referred to
in subparagraph (A) drilled by or for the Corporation to
supply water to the Bagdad Mine Complex and Bagdad
Townsite.
(C) Exclusions.--The term ``Freeport Groundwater
Wells'' does not include any other well owned by the
Corporation at any other location.
(13) Hualapai tribe agreement.--The term ``Hualapai Tribe
Agreement'' means the Hualapai Tribe Bill Williams River Water
Rights Settlement Agreement dated July 2, 2014, including any
amendment or exhibit (including exhibit amendments) to that
Agreement that is--
(A) made in accordance with this Act; or
(B) otherwise approved by the Secretary and the
parties to the Agreement.
(14) Hualapai tribe water rights settlement agreement.--The
term ``Hualapai Tribe Water Rights Settlement Agreement'' means
the comprehensive settlement agreement in the process of
negotiation as of the date of enactment of this Act to resolve
the claims of the Tribe for rights to Colorado River water and
Verde River water with finality.
(15) Injury.--
[[Page 128 STAT. 2099]]
(A) In general.--The term ``injury'', with respect
to a water right, means any interference with,
diminution of, or deprivation of the water right under
Federal, State, or other law.
(B) Exclusion.--The term ``injury'' does not include
any injury to water quality.
(16) Lincoln ranch.--The term ``Lincoln Ranch'' means the
property owned by the Corporation described in the special
warranty deed recorded on December 4, 1995, at Book 1995 and
Page 05874 in the official records of La Paz County, Arizona.
(17) Parcel 1.--The term ``Parcel 1'' means the parcel of
land that--
(A) is depicted as 3 contiguous allotments
identified as 1A, 1B, and 1C on the map attached to the
Big Sandy River-Planet Ranch Agreement as exhibit 2.10;
and
(B) is held in trust for certain allottees.
(18) Parcel 2.--The term ``Parcel 2'' means the parcel of
land that--
(A) is depicted on the map attached to the Big Sandy
River-Planet Ranch Agreement as exhibit 2.10; and
(B) is held in trust for certain allottees.
(19) Parcel 3.--The term ``Parcel 3'' means the parcel of
land that--
(A) is depicted on the map attached to the Big Sandy
River-Planet Ranch Agreement as exhibit 2.10;
(B) is held in trust for the Tribe; and
(C) is part of the Hualapai Reservation pursuant to
Executive Order No. 1368 of June 2, 1911.
(20) Party.--The term ``party'' means an individual or
entity that is a signatory to--
(A) the Big Sandy River-Planet Ranch Agreement; or
(B) the Hualapai Tribe Agreement.
(21) Planet ranch.--The term ``Planet Ranch'' means the
property owned by the Corporation described--
(A) in the special warranty deed recorded on
December 14, 2011, at Book 2011 and Page 05267 in the
official records of La Paz County, Arizona; and
(B) as Instrument No. 2011-062804 in the official
records of Mohave County, Arizona.
(22) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(23) Sever and transfer applications.--The term ``sever and
transfer applications'' means the applications filed or amended
by the Corporation and pending on the date of enactment of this
Act to sever and transfer certain water rights--
(A) from Lincoln Ranch and from Planet Ranch to the
Wikieup Wellfield for use at the Bagdad Mine Complex and
Bagdad Townsite; and
(B) from portions of Planet Ranch (as determined on
the date on which the applications were filed or
amended) to new locations within Planet Ranch.
(24) Tribe.--The term ``Tribe'' means the Hualapai Tribe,
organized under section 16 of the Act of June 18, 1934 (25
U.S.C. 476) (commonly known as the ``Indian Reorganization
Act''), and recognized by the Secretary.
(25) Water right.--The term ``water right'' means--
[[Page 128 STAT. 2100]]
(A) any right in or to groundwater, surface water,
or effluent under Federal, State, or other law; and
(B) for purposes of subsections (d) and (e) of
section 5, any right to Colorado River water.
(26) Wikieup wellfield.--The term ``Wikieup Wellfield''
means the geographical area depicted on the map attached as
exhibit 2.10 to the Big Sandy River-Planet Ranch Agreement.
SEC. 4. BIG SANDY RIVER-PLANET RANCH AGREEMENT.
(a) In General.--Except to the extent that any provision of, or
amendment to, the Big Sandy River-Planet Ranch Agreement conflicts with
this Act--
(1) the Big Sandy River-Planet Ranch Agreement is
authorized, ratified, and confirmed; and
(2) any amendment to the Big Sandy River-Planet Ranch
Agreement executed to make the Big Sandy River-Planet Ranch
Agreement consistent with this Act is authorized, ratified, and
confirmed.
(b) Execution.--To the extent that the Big Sandy River-Planet Ranch
Agreement does not conflict with this Act, and in support of the
purposes of this Act, the Secretary shall execute--
(1) the Big Sandy River-Planet Ranch Agreement (including
all exhibits to the Big Sandy River-Planet Ranch Agreement
requiring the signature of the Secretary);
(2) any amendment to the Big Sandy River-Planet Ranch
Agreement (including any amendment to an exhibit of the Big
Sandy River-Planet Ranch Agreement requiring the signature of
the Secretary) that is necessary to make the Big Sandy River-
Planet Ranch Agreement consistent with this Act; and
(3) a conditional withdrawal of each objection filed by the
Bureau of Indian Affairs, the Bureau of Land Management, and the
United States Fish and Wildlife Service to the sever and
transfer applications in the form set forth in exhibit
4.2.1(ii)(b) to the Big Sandy River-Planet Ranch Agreement.
(c) Modifications and Corrections.--The Secretary may execute any
other amendment to the Big Sandy River Planet-Ranch Agreement (including
any amendment to an exhibit to the Big Sandy River-Planet Ranch
Agreement requiring the signature of the Secretary) that is not
inconsistent with this Act, if the amendment--
(1) is approved by the Secretary and the parties to the Big
Sandy River-Planet Ranch Agreement; and
(2) does not require approval by Congress.
(d) Prohibition.--The Secretary shall not file an objection to any
amendment to the sever and transfer applications or any new sever or
transfer application filed by the Corporation to accomplish the sever
and transfer of 10,055 acre-feet per year of water rights from Planet
Ranch and Lincoln Ranch to the Wikieup Wellfield, subject to the
condition that the form of such an amendment or new application shall be
substantially similar to a form attached to the Big Sandy River-Planet
Ranch Agreement as exhibit 4.2.1(ii)(a)(1) or 4.2.1(ii)(a)(2).
SEC. 5. HUALAPAI TRIBE AGREEMENT.
(a) In General.--Except to the extent that any provision of, or
amendment to, the Hualapai Tribe Agreement conflicts with this Act--
[[Page 128 STAT. 2101]]
(1) the Hualapai Tribe Agreement is authorized, ratified,
and confirmed; and
(2) any amendment to the Hualapai Tribe Agreement executed
to make the Hualapai Tribe Agreement consistent with this Act is
authorized, ratified, and confirmed.
(b) Execution.--To the extent that the Hualapai Tribe Agreement does
not conflict with this Act, and in support of the purposes of this Act,
the Secretary shall execute--
(1) the Hualapai Tribe Agreement (including all exhibits to
the Hualapai Tribe Agreement requiring the signature of the
Secretary); and
(2) any amendment to the Hualapai Tribe Agreement (including
any amendment to an exhibit of the Hualapai Tribe Agreement
requiring the signature of the Secretary) that is necessary to
make the Hualapai Tribe Agreement consistent with this Act.
(c) Modifications and Corrections.--The Secretary may execute any
other amendment to the Hualapai Tribe Agreement (including any amendment
to an exhibit to the Hualapai Tribe Agreement requiring the signature of
the Secretary) that is not inconsistent with this Act, if the
amendment--
(1) is approved by the Secretary and the parties to the
Hualapai Tribe Agreement; and
(2) does not require approval by Congress.
(d) Contribution of Corporation to Economic Development Fund.--
(1) In general.--The contribution of the Corporation to the
economic development fund of the Tribe, as provided in section
8.1 of the Hualapai Tribe Agreement--
(A) may be used by the Tribe for the limited purpose
of facilitating settlement of the claims of the Tribe
for rights to Colorado River water by enabling the
Tribe--
(i) to acquire Colorado River water rights
with the intent to increase the security of the
water rights of the Tribe; and
(ii) to otherwise facilitate the use of water
on the Hualapai Reservation;
(B) shall be considered to be a non-Federal
contribution that counts toward any non-Federal
contribution associated with a settlement of the claims
of the Tribe for rights to Colorado River water; and
(C) shall not be--
(i) considered to be trust funds; or
(ii) subject to responsibility or management
by the United States as trustee for the Tribe,
members of the Tribe, and the allottees.
(2) Limitation on transfer of water rights.--The Colorado
River water rights acquired by the Tribe may be used off the
Hualapai Reservation only for irrigation of acquired appurtenant
land, or for storage in accordance with Federal and State law in
a permitted recharge facility in the State of Arizona, subject
to the conditions that--
(A) the Tribe shall not seek to transfer or sell
accumulated long-term storage credits generated from the
storage of the acquired Colorado River water rights; and
(B) the Tribe shall not seek approval to change the
place of use of the acquired Colorado River water
rights,
[[Page 128 STAT. 2102]]
except for the purposes of storing the water in
accordance with this paragraph.
(3) Expiration.--The limitation provided under paragraph (2)
expires on the earlier of--
(A) the date on which the Hualapai Tribe Water
Rights Settlement Agreement becomes enforceable; and
(B) December 31, 2039.
(4) Colorado river water rights counted against claims of
tribe.--
(A) In general.--If the Hualapai Tribe Water Rights
Settlement Agreement does not become enforceable by
December 31, 2039, any Colorado River water rights
acquired by the Tribe with the contribution of the
Corporation to the economic development fund of the
Tribe shall be counted, on an acre-foot per acre-foot
basis, toward the claims of the Tribe for rights to
Colorado River water.
(B) Effect of paragraph.--Nothing in this paragraph
restricts any claim for rights of the Tribe to Colorado
River water.
(e) Future Limitations on Land Taken Into Trust.--As provided in
section 10.11 of the Hualapai Tribe Agreement, the parties to the
Hualapai Tribe Agreement shall negotiate in good faith with other
parties the terms under which any land within the State of Arizona held
or acquired in fee by the Tribe may be taken into trust by the United
States for the benefit of the Tribe, with any applicable terms to be
incorporated into the Hualapai Tribe Water Rights Settlement Agreement,
subject to approval by Congress.
SEC. 6. WAIVERS, RELEASES, AND RETENTION OF CLAIMS.
(a) Claims by Department Under Big Sandy River-Planet Ranch
Agreement.--
(1) In general.--Except as provided in paragraph (3), the
Secretary is authorized to execute a waiver and release of all
claims of the Department, acting in its own capacity, against
the Corporation under Federal, State, or any other law for--
(A) all past and present claims for injury to water
rights resulting from the diversion of water by the
Corporation from the Wikieup Wellfield or the Freeport
Groundwater Wells arising prior to the enforceability
date;
(B) all claims for injury to water rights arising
after the enforceability date resulting from the
diversion of water by the Corporation from the Wikieup
Wellfield or the Freeport Groundwater Wells in a manner
not in violation of the Big Sandy River-Planet Ranch
Agreement; and
(C) all past, present, and future claims arising out
of, or relating in any manner to, the negotiation or
execution of the Big Sandy River-Planet Ranch Agreement.
(2) Effective date.--The waivers and releases of claims
under paragraph (1) shall--
(A) be in the form set forth in exhibit 7.2(ii) to
the Big Sandy River-Planet Ranch Agreement; and
(B) take effect on the enforceability date.
(3) Retention of rights.--The Department shall retain all
rights not expressly waived under paragraph (1), including the
right--
[[Page 128 STAT. 2103]]
(A) to assert any claim for breach of, or to seek
enforcement of, the Big Sandy River-Planet Ranch
Agreement or this Act in any court of competent
jurisdiction (but not a tribal court); and
(B) to assert any past, present, or future claim to
a water right that is not inconsistent with the Big
Sandy River-Planet Ranch Agreement or this Act.
(b) Claims by Tribe and United States as Trustee Under Big Sandy
River-Planet Ranch Agreement.--
(1) In general.--Except as provided in paragraph (3), the
Tribe and the United States, acting as trustee for the Tribe and
members of the Tribe, are authorized to execute a waiver and
release of all claims against the Corporation for--
(A) any water rights of the Tribe or the United
States as trustee for the Tribe and members of the Tribe
with respect to Parcel 3 in excess of 300 acre-feet per
year;
(B) all past and present claims for injury to water
rights arising before the enforceability date resulting
from the diversion of water by the Corporation from the
Wikieup Wellfield or the Freeport Groundwater Wells; and
(C) all claims for injury to water rights arising
after the enforceability date resulting from the
diversion of water by the Corporation from the Wikieup
Wellfield or the Freeport Groundwater Wells in a manner
not in violation of the Big Sandy River-Planet Ranch
Agreement or the Hualapai Tribe Agreement.
(2) Effective date.--The waivers and releases of claims
under paragraph (1) shall--
(A) be in the form set forth in exhibit 7.1(ii) to
the Hualapai Tribe Agreement; and
(B) take effect on the enforceability date.
(3) Retention of rights.--The Tribe and the United States,
acting as trustee for the Tribe and members of the Tribe, shall
retain all rights not expressly waived under paragraph (1),
including the right--
(A) to assert any claim for breach of, or to seek
enforcement of, the Big Sandy River-Planet Ranch
Agreement or this Act in any court of competent
jurisdiction (but not a tribal court); and
(B) to assert any past, present, or future claim to
a water right that is not inconsistent with the Big
Sandy River-Planet Ranch Agreement or this Act.
(c) Claims by United States as Trustee for Allottees Under Big Sandy
River-Planet Ranch Agreement.--
(1) In general.--Except as provided in paragraph (3), the
United States, acting as trustee for the allottees, is
authorized to execute a waiver and release of all claims against
the Corporation for--
(A) any water rights of the allottees or the United
States as trustee for the allottees with respect to--
(i) Parcel 1 in excess of 82 acre-feet per
year; or
(ii) Parcel 2 in excess of 312 acre-feet per
year;
(B) all past and present claims for injury to water
rights arising before the enforceability date resulting
from the diversion of water by the Corporation from the
Wikieup Wellfield or the Freeport Groundwater Wells; and
[[Page 128 STAT. 2104]]
(C) all claims for injury to water rights arising
after the enforceability date resulting from the
diversion of water by the Corporation from the Wikieup
Wellfield or the Freeport Groundwater Wells in a manner
not in violation of the Big Sandy River-Planet Ranch
Agreement.
(2) Effective date.--The waivers and releases of claims
under paragraph (1) shall--
(A) be in the form set forth in exhibit 7.1(ii) to
the Hualapai Tribe Agreement; and
(B) take effect on the enforceability date.
(3) Retention of rights.--The United States, acting as
trustee for the allottees, shall retain all rights not expressly
waived under paragraph (1), including the right--
(A) to assert any claim for breach of, or to seek
enforcement of, the Big Sandy River-Planet Ranch
Agreement or this Act in any court of competent
jurisdiction (but not a tribal court); and
(B) to assert any past, present, or future claim to
a water right that is not inconsistent with the Big
Sandy River-Planet Ranch Agreement or this Act.
(d) Claims by Tribe and United States as Trustee Under Hualapai
Tribe Agreement.--
(1) In general.--Except as provided in paragraph (3), the
Tribe and the United States, acting as trustee for the Tribe,
members of the Tribe, and the allottees, as part of the
performance of obligations under the Hualapai Tribe Agreement,
are authorized to execute a waiver and release of all claims
that the Tribe or the United States as trustee for the Tribe,
members of the Tribe, or the allottees may have against the
Corporation under Federal, State, or any other law, for--
(A) all past and present claims for injury to water
rights resulting from the diversion of water by the
Corporation from the Bill Williams River watershed
arising prior to the enforceability date;
(B) all claims for injury to water rights arising
after the enforceability date resulting from the
diversion of water by the Corporation from the Bill
Williams River watershed in a manner not in violation of
the Hualapai Tribe Agreement or the Big Sandy River-
Planet Ranch Agreement; and
(C) all past, present, and future claims arising out
of, or relating in any manner to, the negotiation or
execution of the Hualapai Tribe Agreement.
(2) Effective date.--The waivers and releases of claims
under paragraph (1) shall--
(A) be in the form set forth in exhibit 7.1(ii) to
the Hualapai Tribe Agreement; and
(B) take effect on the enforceability date.
(3) Retention of rights.--The Tribe and the United States,
acting as trustee for the Tribe, the members of the Tribe, and
the allottees, shall retain all rights not expressly waived
under paragraph (1), including the right to assert--
(A) subject to paragraph 10.5 of the Hualapai Tribe
Agreement, a claim for breach of, or to seek enforcement
of, the Hualapai Tribe Agreement or this Act in any
court of competent jurisdiction (but not a tribal
court);
[[Page 128 STAT. 2105]]
(B) any claim for injury to, or to seek enforcement
of, the rights of the Tribe under any applicable
judgment or decree approving or incorporating the
Hualapai Tribe Agreement; and
(C) any past, present, or future claim to water
rights that is not inconsistent with the Hualapai Tribe
Agreement or this Act.
(e) Claims by Tribe Against United States Under Big Sandy River-
Planet Ranch Agreement and Hualapai Tribe Agreement.--
(1) In general.--In consideration for the benefits to the
Tribe, as set forth in the Big Sandy River-Planet Ranch
Agreement, the Hualapai Tribe Agreement, and this Act, except as
provided in paragraph (3), the Tribe, on behalf of the Tribe and
the members of the Tribe, is authorized to execute a waiver and
release of all claims against the United States and the agents
and employees of the United States for--
(A) all past, present, and future claims relating to
claims for water rights for Parcel 3 in excess of 300
acre-feet per year that the United States, acting as
trustee for the Tribe, asserted or could have asserted
against any party to the Big Sandy River-Planet Ranch
Agreement or the Hualapai Tribe Agreement, including the
Corporation, including claims relating to--
(i) loss of water, water rights, land, or
natural resources due to loss of water or water
rights on Parcel 3 (including damages, losses, or
injuries to hunting, fishing, and gathering rights
due to loss of water, water rights, or
subordination of water rights); or
(ii) failure to protect, acquire, replace, or
develop water, water rights, or water
infrastructure on Parcel 3;
(B) all past, present, and future claims relating to
injury to water rights associated with Parcel 3 arising
from withdrawal of a protest to the sever and transfer
applications referenced in the Big Sandy River-Planet
Ranch Agreement;
(C) all claims relating to injury to water rights
arising after the enforceability date associated with
Parcel 3, resulting from the diversion of water by the
Corporation from the Bill Williams River watershed in a
manner not in violation of the Hualapai Tribe Agreement;
and
(D) all past, present, and future claims relating to
any potential injury arising out of, or relating in any
manner to, the negotiation or execution of the Big Sandy
River-Planet Ranch Agreement or the Hualapai Tribe
Agreement.
(2) Effective date.--The waivers and releases of claims
under paragraph (1) shall--
(A) be in the form set forth in, as applicable--
(i) exhibit 7.6(ii) to the Big Sandy River-
Planet Ranch Agreement; or
(ii) exhibit 7.3(ii) to the Hualapai Tribe
Agreement; and
(B) take effect on the enforceability date.
(3) Retention of rights.--The Tribe shall retain all rights
not expressly waived under paragraph (1), including the right--
[[Page 128 STAT. 2106]]
(A) to assert any claim for breach of, or to seek
enforcement of, the Big Sandy River-Planet Ranch
Agreement, the Hualapai Tribe Agreement, or this Act in
any court of competent jurisdiction (but not a tribal
court); and
(B) to assert any past, present, or future claim to
a water right that is not inconsistent with the Big
Sandy River-Planet Ranch Agreement, the Hualapai Tribe
Agreement, or this Act.
SEC. 7. ADMINISTRATION.
(a) Amendments.--
(1) Definitions.--Section 9401 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1327) is
amended--
(A) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively; and
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Big sandy river-planet ranch agreement.--The term `Big
Sandy River-Planet Ranch Agreement' has the meaning given the
term in section 3 of the Bill Williams River Water Rights
Settlement Act of 2014.''.
(2) Enforceability.--Section 9403 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1328) is
amended--
(A) by striking the section designation and heading
and all that follows through ``Due to'' in subsection
(a) and inserting the following:
``SEC. 9403. ENFORCEABILITY.
``(a) Civil Actions.--
``(1) Colorado river civil actions.--
``(A) Description of civil action.--Due to''; and
(B) in subsection (a) (as amended by subparagraph
(A))--
(i) in paragraph (1) (as so amended), by
adding at the end the following:
``(B) Venue.--Any civil action under this paragraph
may be brought in any United States district court in
the State in which any non-Federal party to the civil
action is situated.''; and
(ii) by adding at the end the following:
``(2) Bill williams civil actions.--
``(A) Description of civil action.--Due to the
unique role of the Lower Colorado River Multi-Species
Conservation Program in resolving competing water rights
claims in the Bill Williams River watershed (as defined
in section 3 of the Bill Williams River Water Rights
Settlement Act of 2014) and other claims among the
parties to the Big Sandy-River Planet Ranch Agreement,
any party to the Big Sandy River-Planet Ranch Agreement
may commence a civil action in a court described in
subparagraph (B) relating only and directly to the
interpretation or enforcement of--
``(i) the Bill Williams River Water Rights
Settlement Act of 2014; or
``(ii) the Big Sandy River-Planet Ranch
Agreement.
[[Page 128 STAT. 2107]]
``(B) Venue.--A civil action under this paragraph
may be brought in--
``(i) the United States District Court for the
District of Arizona; or
``(ii) a State court of competent jurisdiction
where a pending action has been brought to
adjudicate the water rights associated with the
Bill Williams River system and source, in
accordance with the authority provided by section
208 of the Act of July 10, 1952 (commonly known as
the `McCarran Amendment') (43 U.S.C. 666).'';
(3) in subsection (b)--
(A) by striking ``The district'' and inserting the
following:
``(1) In general.--The district'';
(B) in paragraph (1) (as so designated), by striking
``such actions'' and inserting ``civil actions described
in subsection (a)(1)''; and
(C) by adding at the end the following:
``(2) State courts and district courts.--A State court or
United States district court--
``(A) shall have jurisdiction over civil actions
described in subsection (a)(2); and
``(B) may issue such orders, judgments, and decrees
as are consistent with the exercise of jurisdiction by
the court pursuant to--
``(i) this section; or
``(ii) section 7 of the Bill Williams River
Water Rights Settlement Act of 2014.
``(3) Effect of subsection.--Nothing in this subsection
affects the jurisdiction that would otherwise be available in
accordance with the authority provided by section 208 of the Act
of July 10, 1952 (commonly known as the `McCarran Amendment')
(43 U.S.C. 666).'';
(4) in subsection (d)(2), by striking the paragraph
designation and heading and all that follows through
subparagraph (A) and inserting the following:
``(2) Applicability.--This section--
``(A) applies only to--
``(i) the Lower Colorado River Multi-Species
Conservation Program;
``(ii) the Bill Williams River Water Rights
Settlement Act of 2014; and
``(iii) the Big Sandy River-Planet Ranch
Agreement; and''; and
(5) by striking subsection (e).
(b) Limited Waiver of Sovereign Immunity.--
(1) In general.--If any party to the Big Sandy River-Planet
Ranch Agreement or the Hualapai Tribe Agreement brings a civil
action in a court described in paragraph (2) relating only and
directly to the interpretation or enforcement of this Act (or an
amendment made by this Act), the Big Sandy River-Planet Ranch
Agreement, or the Hualapai Tribe Agreement--
(A) the Tribe and the United States, acting as
trustee for the Tribe, members of the Tribe, or the
allottees, may be named as a party or joined in the
civil action; and
[[Page 128 STAT. 2108]]
(B) any claim by the Tribe or the United States,
acting as trustee for the Tribe, members of the Tribe,
or the allottees, to sovereign immunity from the civil
action is waived, but only for the limited and sole
purpose of the interpretation or enforcement of this Act
(or an amendment made by this Act), the Big Sandy River-
Planet Ranch Agreement, or the Hualapai Tribe Agreement.
(2) Venue.--A court referred to in paragraph (1) is--
(A) the United States District Court for the
District of Arizona; or
(B) a State court of competent jurisdiction where a
pending action has been brought to adjudicate the water
rights associated with the Bill Williams River system
and source, in accordance with the authority provided by
section 208 of the Act of July 10, 1952 (commonly known
as the ``McCarran Amendment'') (43 U.S.C. 666).
(3) Jurisdiction.--A State court or a United States district
court--
(A) shall have jurisdiction over civil actions
described in paragraph (1); and
(B) may issue such orders, judgments, and decrees as
are consistent with the exercise of jurisdiction by the
court pursuant to--
(i) this section; or
(ii) section 9403(b) of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11;
123 Stat. 1328).
(4) Nonwaiver for certain claims.--Nothing in this
subsection waives the sovereign immunity of the Tribe or the
United States, acting as trustee for the Tribe, members of the
Tribe, or the allottees, to claims for monetary damages, costs,
or attorneys' fees.
(c) Antideficiency.--
(1) In general.--Notwithstanding any authorization of
appropriations to carry out this Act, the expenditure or advance
of any funds, and the performance of any obligation by the
Department in any capacity, pursuant to this Act shall be
contingent on the appropriation of funds for that expenditure,
advance, or performance.
(2) Liability.--The Department shall not be liable for the
failure to carry out any obligation or activity authorized by
this Act if adequate appropriations are not provided to carry
out this Act.
(d) Public Access.--Nothing in this Act prohibits reasonable public
access to the Conservation Program land at Planet Ranch or Lincoln Ranch
in a manner that is consistent with all applicable Federal and State
laws and any applicable conservation management plan implemented under
the Conservation Program.
(e) Effect.--Nothing in the Big Sandy River-Planet Ranch Agreement,
the Hualapai Tribe Agreement, or this Act--
(1) affects the ability of the United States to carry out
any action in the capacity of the United States as trustee for
any other Indian tribe or allottee;
(2) except as provided in subsections (a) and (b), confers
jurisdiction on any State court--
[[Page 128 STAT. 2109]]
(A) to interpret Federal law or determine the duties
of the United States or any other party pursuant to
Federal law; or
(B) to conduct judicial review of a Federal agency
action; or
(3) limits the right of any member of the Tribe (acting in
an individual capacity) to assert or acquire any water right
based on State law.
SEC. 8. ENVIRONMENTAL COMPLIANCE.
(a) In General.--In implementing the Big Sandy River-Planet Ranch
Agreement, the Hualapai Tribe Agreement, and this Act, the Secretary
shall comply with all applicable Federal environmental laws (including
regulations), including--
(1) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.); and
(2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(b) Execution of Agreements.--The execution by the Secretary of the
Big Sandy River-Planet Ranch Agreement and the Hualapai Tribe Agreement
in accordance with this Act shall not constitute a major Federal action
for purposes of section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332).
(c) United States Enforcement Authority.--Nothing in this Act, the
Big Sandy River-Planet Ranch Agreement, or the Hualapai Tribe Agreement
affects any right of the United States to take any action (including any
environmental action) under any law (including regulations and common
law) relating to human health, safety, or the environment.
SEC. 9. ENFORCEABILITY DATE.
(a) <<NOTE: Federal Register, publication.>> In General.--Except as
provided in subsection (b), the enforceability date shall be the date on
which the Secretary publishes in the Federal Register a statement of
findings that--
(1)(A) to the extent that the Big Sandy River-Planet Ranch
Agreement or the Hualapai Tribe Agreement conflict with this
Act, the applicable agreement has been revised by amendment to
eliminate the conflict; and
(B) the Big Sandy River-Planet Ranch Agreement and the
Hualapai Tribe Agreement have been executed by all parties to
those agreements;
(2) the Corporation has submitted to ADWR a conditional
amendment of the sever and transfer applications for the Lincoln
Ranch water right and amendments to the sever and transfer
applications for Planet Ranch and Lincoln Ranch water rights
consistent with section 4.2.1(ii)(a) of the Big Sandy River-
Planet Ranch Agreement;
(3) the Secretary and the Arizona Game and Fish Commission
have executed and filed with ADWR a conditional withdrawal of
each objection described in section 4(b)(3);
(4)(A) ADWR has issued a conditional order approving the
sever and transfer applications of the Corporation; and
(B) all objections to the sever and transfer applications
have been--
(i) conditionally withdrawn; or
(ii) resolved in a decision issued by ADWR that is
final and nonappealable;
[[Page 128 STAT. 2110]]
(5) <<NOTE: Notification.>> the Secretary has provided a
notice to the parties to the Big Sandy River-Planet Ranch
Agreement and the Hualapai Tribe Agreement that the Department
has completed the legally required environmental compliance
described in section 8;
(6) <<NOTE: Contracts.>> the steering committee for the
Conservation Program has approved and authorized the manager of
the Conservation Program to execute the lease in the form as set
forth in exhibit 2.33 to the Big Sandy River-Planet Ranch
Agreement; and
(7) the waivers and releases authorized by section 6 have
been executed by the Tribe and the Secretary.
(b) Ratification and Execution of Agreements.--Notwithstanding
subsection (a), for purposes of sections 4, 5, and 8, the Secretary
shall carry out the requirements of this Act as promptly as practicable
after the date of enactment of this Act.
(c) <<NOTE: Deadline. Notification.>> Failure of Enforceability
Date to Occur.--If the Secretary does not publish a statement of
findings under subsection (a) by December 15, 2015, or an extended date
agreed to by the Tribe, the Secretary, and the Corporation, after
providing reasonable notice to the State of Arizona--
(1) <<NOTE: Repeal.>> this Act is repealed effective
beginning on the later of--
(A) December 31, 2015; and
(B) the date that is 14 days after the extended date
agreed to by the Tribe, the Secretary, and the
Corporation, after providing reasonable notice to the
State of Arizona;
(2) any action taken by the Secretary to carry out this Act
shall cease, and any agreement executed pursuant to this Act,
shall be void; and
(3) the Tribe, members of the Tribe, the allottees, and the
United States, acting as trustee for the Tribe, members of the
Tribe, and the allottees, shall retain the right to assert past,
present, and future claims to water rights and claims for injury
to water rights in the Bill Williams River watershed.
Approved December 16, 2014.
LEGISLATIVE HISTORY--H.R. 4924:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 113-638 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 160 (2014):
Dec. 1, considered and passed House.
Dec. 2, considered and passed Senate.
<all>
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-638.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 113-638.
Placed on the Union Calendar, Calendar No. 478.
Mr. Hastings (WA) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H8181-8186)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4924.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H8181-8185)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8181-8185)
Motion to reconsider laid on the table Agreed to without objection.
Enacted as Public Law 113-223
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Passed/agreed to in Senate: Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent.(consideration: CR S6272)
Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S6272)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 113-223.
Became Public Law No: 113-223.