Hualapai Tribe Water Rights Settlement Act of 2016
This bill: (1) ratifies and modifies the Hualapai Tribe water rights settlement agreement negotiated between the tribe, the United States, Arizona, and others; and (2) satisfies the claims of the tribe for water rights and injury to water rights under all law with respect to the Hualapai land.
The bill enumerates the tribe's water rights in the Bill Williams, Colorado, and Verde River basins. The tribe may divert, use, and store the tribe water from the Central Arizona Project, but the tribe must pay charges associated with the delivery of the water as well as the tribe's water project costs.
The Bureau of Reclamation (Reclamation) must plan, design, and construct the Hualapai Water Project, which must be designed to divert, treat, and convey no less than 3,414 acre-feet per year of water from the Colorado River for municipal, commercial, and industrial uses on the Hualapai Reservation. Reclamation must convey to the tribe title for the project once it is substantially complete.
The bill establishes the: (1) Hualapai Water Project Account for constructing the project; and (2) Hualapai OM&R Trust Account for the operation, maintenance and replacement charges associated with the project.
The Department of the Interior must accept certain parcels of land to hold in trust for the benefit of the tribe. In the future, land located outside the boundaries of the reservation may only be taken into trust by the United States for the benefit of the tribe through an act of Congress.
The bill outlines: (1) waivers, releases, and retentions of claims by the tribe and the United States under the settlement agreement; and (2) a limited waiver of sovereign immunity by the United States and the tribe with respect to certain claims.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3300 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 3300
To approve the settlement of water rights claims of the Hualapai Tribe
and certain allottees in the State of Arizona, to authorize
construction of a water project relating to those water rights claims,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 8, 2016
Mr. Flake (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 Hualapai Tribe
and certain allottees in the State of Arizona, to authorize
construction of a water project relating to those water rights claims,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hualapai Tribe Water Rights
Settlement Act of 2016''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to resolve, fully and finally, all claims to rights to
water in the State, including the Verde River, the Bill
Williams River, and the Colorado River, of--
(A) the Hualapai Tribe, on behalf of the Hualapai
Tribe and the members of the Hualapai Tribe; and
(B) the United States, acting as trustee for the
Hualapai Tribe, the members of the Hualapai Tribe, and
the allottees;
(2) to authorize, ratify, and confirm the Hualapai Tribe
water rights settlement agreement entered into among the
Hualapai Tribe, the United States, the State, and others, to
the extent that agreement is consistent with this Act;
(3) to authorize and direct the Secretary to execute and
perform the duties and obligations of the Secretary under the
Hualapai Tribe water rights settlement agreement and this Act;
and
(4) to authorize the appropriation of amounts necessary for
the implementation of the Hualapai Tribe water rights
settlement agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) 1947 judgment.--The term ``1947 Judgment'' means the
Judgment and the Stipulation and Agreement, including exhibits
to the Judgment and the Stipulation and Agreement, entered on
March 13, 1947, in United States v. Santa Fe Pac. R.R. Co., No.
E-190 (D. Ariz.) and attached to the Hualapai Tribe water
rights settlement agreement as Exhibit 3.1.1.
(2) AFY.--The term ``AFY'' means acre-feet per year.
(3) Allotment.--The term ``allotment'' means any of the 4
off-reservation parcels that are--
(A) held in trust by the United States for
individual Indians in the Big Sandy River basin in
Mohave County, Arizona, under the patents numbered
1039995, 1039996, 1039997, and 1019494; and
(B) identified as Parcels 1A, 1B, 1C, and 2 on the
map attached to the Hualapai Tribe water rights
settlement agreement as Exhibit 3.1.6.
(4) Allottee.--The term ``allottee'' means any Indian owner
of an allotment.
(5) Available cap supply.--The term ``available CAP
supply'' means, for any year--
(A) all fourth priority water available for
delivery through the CAP system;
(B) water available from Central Arizona Project
dams and reservoirs other than the Modified Roosevelt
Dam; and
(C) return flows captured by the Secretary for
Central Arizona Project use.
(6) Bill williams act.--The term ``Bill Williams Act''
means the Bill Williams River Water Rights Settlement Act of
2014 (Public Law 113-223; 128 Stat. 2096).
(7) Bill williams agreements.--The term ``Bill Williams
agreements'' means the Amended and Restated Big Sandy River-
Planet Ranch Water Rights Settlement Agreement and the Amended
and Restated Hualapai Tribe Bill Williams River Water Rights
Settlement Agreement, including all exhibits to each agreement,
copies of which (excluding exhibits) are attached to the
Hualapai Tribe water rights settlement agreement as Exhibit
3.1.11.
(8) Bill williams river phase 2 water rights settlement
agreement.--The term ``Bill Williams River phase 2 water rights
settlement agreement'' means the agreement of that name that is
attached to, and incorporated in, the Hualapai Tribe water
rights settlement agreement as Exhibit 4.3.3.
(9) CAP contract.--The term ``CAP contract'' means a long-
term contract (as defined in the CAP repayment stipulation)
with the United States for delivery of CAP water through the
CAP system.
(10) CAP contractor.--
(A) In general.--The term ``CAP contractor'' means
a person that has entered into CAP contract.
(B) Inclusion.--The term ``CAP contractor''
includes the Hualapai Tribe.
(11) CAP fixed om&r charge.--The term ``CAP fixed OM&R
charge'' has the meaning given the term ``Fixed OM&R Charge''
in the CAP repayment stipulation.
(12) 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.
(13) CAP nia priority water.--The term ``CAP NIA priority
water'' means the CAP water deliverable under a CAP contract or
a CAP subcontract providing for the delivery of non-Indian
agricultural priority water.
(14) CAP operating agency.--The term ``CAP operating
agency'' means--
(A) the one or more entities authorized to assume
responsibility for the care, operation, maintenance,
and replacement of the CAP system; and
(B) as of the date of enactment of this Act, the
Central Arizona Water Conservation District.
(15) CAP pumping energy charge.--The term ``CAP pumping
energy charge'' has the meaning given the term ``Pumping Energy
Charge'' in the CAP repayment stipulation.
(16) CAP repayment contract.--The term ``CAP repayment
contract'' means--
(A) the contract entitled ``Contract between the
United States and CAWCD for Delivery of Water and
Repayment of Costs of the CAP'', numbered 14-06-W-245
(Amendment No. 1), and dated December 1, 1988; and
(B) any amendment to, or revision of, that
contract.
(17) CAP repayment stipulation.--The term ``CAP repayment
stipulation'' means the Stipulated Judgment and the Stipulation
for Judgment, including any exhibits to those documents,
entered on November 21, 2007, in the United States District
Court for the District of Arizona in the consolidated civil
action Central Arizona Water Conservation District v. United
States, numbered CIV 95-625-TUC-WDB (EHC) and CIV 95-1720-PHX-
EHC.
(18) CAP subcontract.--The term ``CAP subcontract'' means
a long-term subcontract (as defined in the CAP repayment
stipulation) with the United States and the Central Arizona
Water Conservation District for the delivery of CAP water
through the CAP system.
(19) CAP subcontractor.--The term ``CAP subcontractor''
means a person that has entered into a CAP subcontract.
(20) CAP system.--The term ``CAP system'' means--
(A) the Mark Wilmer Pumping Plant;
(B) the Hayden-Rhodes Aqueduct;
(C) the Fannin-McFarland Aqueduct;
(D) the Tucson Aqueduct;
(E) any pumping plant or appurtenant work of a
feature described in subparagraph (A), (B), (C), or
(D); and
(F) any extension of, addition to, or replacement
for a feature described in subparagraph (A), (B), (C),
(D), or (E).
(21) CAP water.--The term ``CAP water'' has the meaning
given the term ``Project Water'' in the CAP repayment
stipulation.
(22) Central arizona project.--The term ``Central Arizona
Project'' means the reclamation project authorized and
constructed by the United States in accordance with title III
of the Colorado River Basin Project Act (43 U.S.C. 1521 et
seq.).
(23) 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.
(24) 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.
(25) Colorado river water.--The term ``Colorado River
water'' means the water of the Colorado River within the United
States, including--
(A) the water of reservoirs on the Colorado River
within the United States;
(B) the water of all tributaries to the Colorado
River within the United States, other than tributaries
located within the State;
(C) the water beneath the surface of the Earth that
is hydraulically connected to the Colorado River within
the United States; and
(D) all water beneath the surface of the Earth that
is hydraulically connected to tributaries to the
Colorado River within the United States, other than
tributaries located within the State.
(26) Colorado river water entitlement.--
(A) In general.--The term ``Colorado River water
entitlement'' means the right or authorization to use
Colorado River water in the State.
(B) Exclusion.--The term ``Colorado River water
entitlement'' does not include the right of the
Hualapai Tribe to use Hualapai Tribe CAP water in
accordance with the Hualapai Tribe water delivery
contract.
(27) Commissioner.--The term ``Commissioner'' means the
Commissioner of Reclamation.
(28) Diversion.--The term ``diversion'' means an act to
divert.
(29) Divert.--The term ``divert'' means the receipt,
withdrawal, development, production, or capture of water using
a ditch, canal, flume, bypass, pipeline, pit, collection or
infiltration gallery, conduit, well, pump, turnout, dam, or any
other mechanical device, or any other act of man.
(30) Effluent.--The term ``effluent'' means water that--
(A) has been used in the State for domestic,
municipal, or industrial purposes, other than solely
for hydropower generation; and
(B) is available for reuse for any purpose, whether
or not the water has been treated to improve the
quality of the water.
(31) Enforceability date.--The term ``enforceability date''
means the date described in section 12(a).
(32) Exchange.--The term ``exchange'' means a trade between
one or more persons of any water for any other water, if each
person has a right or claim to use the water the person
provides in the trade, regardless of whether the water is
traded in equal amounts or other consideration is included in
the trade.
(33) Fourth priority water.--The term ``fourth priority
water'' means Colorado River water that is available for
delivery in the State for the satisfaction of entitlements--
(A) in accordance with contracts, Secretarial
reservations, perfected rights, and other arrangements
between the United States and water users in the State
entered into or established more recently than
September 30, 1968, for use on Federal, State, or
privately owned land in the State, in a total quantity
not greater than 164,652 AFY of diversions; and
(B) after first providing for the delivery of
Colorado River water for the CAP system, including for
use on Indian land, under section 304(e) of the
Colorado River Basin Project Act (43 U.S.C. 1524(e)),
in accordance with the CAP repayment contract.
(34) Freeport.--
(A) In general.--The term ``Freeport'' means the
Delaware corporation named ``Freeport Minerals
Corporation''.
(B) Inclusions.--The term ``Freeport'' includes all
subsidiaries, affiliates, successors, and assigns of
Freeport, including Byner Cattle Company, a Nevada
corporation.
(35) Gila river adjudication.--The term ``Gila River
adjudication'' means the action pending in the Superior Court
of the State, in and for the County of Maricopa, In Re the
General Adjudication of All Rights To Use Water In The Gila
River System and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper
Gila), W-4 (San Pedro) (Consolidated).
(36) Gila river adjudication court.--The term ``Gila River
adjudication court'' means the Superior Court of the State, in
and for the County of Maricopa, exercising jurisdiction over
the Gila River adjudication.
(37) Gila river adjudication decree.--The term ``Gila River
adjudication decree'' means the judgment or decree entered by
the Gila River adjudication court in substantially the same
form as the form of judgment attached to the Hualapai Tribe
water rights settlement agreement as Exhibit 3.1.43.
(38) Groundwater.--The term ``groundwater'' means all water
beneath the surface of the Earth within the State that is not--
(A) surface water;
(B) effluent; or
(C) Colorado River water.
(39) Hualapai fee land.--The term ``Hualapai fee land''
means land, other than Hualapai trust land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the Hualapai Reservation or Hualapai trust land; and
(C) as of the enforceability date, is owned by the
Hualapai Tribe, including ownership through a related
entity.
(40) Hualapai land.--The term ``Hualapai land'' means--
(A) the Hualapai Reservation;
(B) Hualapai trust land; and
(C) Hualapai fee land.
(41) Hualapai om&r trust account.--The term ``Hualapai OM&R
Trust Account'' means the account established by section
6(c)(1).
(42) Hualapai reservation.--The term ``Hualapai
Reservation'' means the land within the exterior boundaries of
the Hualapai Reservation, including--
(A) all land withdrawn by the Executive Order dated
January 4, 1883, as modified by the May 28, 1942, Order
of the Secretary pursuant to the Act of February 20,
1925 (43 Stat. 954, chapter 273);
(B) the land identified by the Executive Orders
dated December 22, 1898, May 14, 1900, and June 2,
1911; and
(C) the land added to the Hualapai Reservation by
section 9.
(43) Hualapai tribe.--The term ``Hualapai Tribe'' means the
Hualapai Tribe, a federally recognized Indian tribe of Hualapai
Indians organized under section 16 of the Act of June 18, 1934
(25 U.S.C. 476) (commonly known as the ``Indian Reorganization
Act'').
(44) Hualapai tribe cap water.--The term ``Hualapai Tribe
CAP water'' means the 4,000 AFY of the CAP NIA priority water
that--
(A) was previously allocated to non-Indian
agricultural entities;
(B) was retained by the Secretary for reallocation
to Indian tribes in the State pursuant to section
104(a)(1)(A)(iii) of the Central Arizona Project
Settlement Act of 2004 (Public Law 108-451; 118 Stat.
3487); and
(C) is reallocated to the Hualapai Tribe pursuant
to section 11.
(45) Hualapai tribe water rights settlement agreement.--
(A) In general.--The term ``Hualapai Tribe water
rights settlement agreement'' means the agreement,
including exhibits, entitled the ``Hualapai Tribe Water
Rights Settlement Agreement''.
(B) Inclusions.--The term ``Hualapai Tribe water
rights settlement agreement'' includes--
(i) any amendments necessary to make the
Hualapai Tribe water rights settlement
agreement consistent with this Act; and
(ii) any other amendments approved by the
parties to the Hualapai Tribe water rights
settlement agreement and the Secretary.
(46) Hualapai tribe water delivery contract.--The term
``Hualapai Tribe water delivery contract'' means the contract
entered into in accordance with the Hualapai Tribe water rights
settlement agreement and section 11(c) for the delivery of
Hualapai Tribe CAP water.
(47) Hualapai trust land.--The term ``Hualapai trust land''
means land, other than Hualapai fee land, that is--
(A) located--
(i) in the State; and
(ii) outside the exterior boundaries of the
Hualapai Reservation; and
(B) as of the enforceability date, held in trust by
the United States for the benefit of the Hualapai
Tribe.
(48) Hualapai water project.--The term ``Hualapai Water
Project'' means the project constructed in accordance with
section 6.
(49) Hualapai water project account.--The term ``Hualapai
Water Project Account'' means the account established by
section 6(b)(1).
(50) 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).
(51) Injury to water rights.--
(A) In general.--The term ``injury to water
rights'' means any interference with, diminution of, or
deprivation of, a water right under Federal, State, or
other law.
(B) Exclusion.--The term ``injury to water rights''
does not include any injury to water quality.
(52) Lower basin.--The term ``lower basin'' has the meaning
given the term in article II(g) of the Colorado River Compact.
(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) Member.--The term ``member'' means any person duly
enrolled as a member of the Hualapai Tribe.
(55) OM&R.--The term ``OM&R'' means--
(A) any recurring or ongoing activity relating to
the day-to-day operation of a project;
(B) any activity relating to scheduled or
unscheduled maintenance of a project; and
(C) any activity relating to replacing a feature of
a project.
(56) 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
Hualapai Tribe water rights settlement agreement as
Exhibit 3.1.6; and
(B) is held in trust for certain allottees.
(57) Parcel 2.--The term ``Parcel 2'' means the parcel of
land that--
(A) is depicted as ``Parcel 2'' on the map attached
to the Hualapai Tribe water rights settlement agreement
as Exhibit 3.1.6; and
(B) is held in trust for certain allottees.
(58) Parcel 3.--The term ``Parcel 3'' means the parcel of
land that--
(A) is depicted as ``Parcel 3'' on the map attached
to the Hualapai Tribe water rights settlement agreement
as Exhibit 3.1.6;
(B) is held in trust for the Hualapai Tribe; and
(C) is part of the Hualapai Reservation pursuant to
Executive Order 1368 of June 2, 1911.
(59) Party.--The term ``party'' means a person that is a
signatory to the Hualapai Tribe water rights settlement
agreement.
(60) 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) any 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.
(61) Preconstruction activity.--
(A) In general.--The term ``preconstruction
activity'' means the work relating to 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 a successor regulation).
(B) Inclusion.--The term ``preconstruction
activity'' includes the activities described in section
900.112(b) of title 25, Code of Federal Regulations (or
a successor regulation).
(62) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(63) State.--The term ``State'' means the State of Arizona.
(64) Surface water.--The term ``surface water'' means all
water in the State that is appropriable under State law.
(65) Water.--The term ``water'', when used without a
modifying adjective, means--
(A) groundwater;
(B) surface water;
(C) effluent; or
(D) Colorado River water.
(66) Water right.--The term ``water right'' mean any right
or rights in or to groundwater, surface water, effluent, or
Colorado River water under Federal, State, or other law.
SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI TRIBE WATER RIGHTS
SETTLEMENT AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this Act and to the
extent that the Hualapai Tribe water rights settlement
agreement does not conflict with this Act, the Hualapai Tribe
water rights settlement agreement is authorized, ratified, and
confirmed.
(2) Amendments.--If an amendment to the Hualapai Tribe
water rights settlement agreement, or to any exhibit attached
to the Hualapai Tribe water rights settlement agreement
requiring the signature of the Secretary, is executed in
accordance with this Act to make the Hualapai Tribe water
rights settlement agreement consistent with this Act, the
amendment is authorized, ratified, and confirmed, to the extent
the amendment is consistent with this Act.
(b) Execution.--
(1) In general.--To the extent the Hualapai Tribe water
rights settlement agreement does not conflict with this Act,
the Secretary shall execute the Hualapai Tribe water rights
settlement agreement, including all exhibits to, or parts of,
the Hualapai Tribe water rights settlement agreement requiring
the signature of the Secretary.
(2) Modifications.--Nothing in this Act prohibits the
Secretary from approving any modification to an appendix or
exhibit to the Hualapai Tribe water rights settlement agreement
that is consistent with this Act, to the extent that the
modification does not otherwise require congressional approval
under section 2116 of the Revised Statues (25 U.S.C. 177) or
any other applicable provision of Federal law.
(c) Environmental Compliance.--
(1) In general.--The Secretary shall carry out all Federal
compliance activities necessary to implement the Hualapai Tribe
water rights settlement agreement (including all exhibits to
the Hualapai Tribe water rights settlement agreement requiring
the signature of the Secretary) and this Act, including
activities necessary to comply with all applicable provisions
of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(C) all other applicable Federal environmental
laws.
(2) Effect of execution.--The execution of the Hualapai
Tribe water rights settlement agreement by the Secretary under
this section shall not constitute a major action for purposes
of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
SEC. 5. WATER RIGHTS.
(a) Water Rights To Be Held in Trust.--
(1) Hualapai tribe.--The United States shall hold the
following water rights in trust for the benefit of the Hualapai
Tribe:
(A) The water rights for the Hualapai Reservation
described in subparagraph 4.2 of the Hualapai Tribe
water rights settlement agreement.
(B) The water rights for Hualapai trust land
described in subparagraph 4.4 of the Hualapai Tribe
water rights settlement agreement.
(C) The water rights described in section 10(b)(2)
for any land taken into trust by the United States for
the benefit of the Hualapai Tribe--
(i) after the enforceability date; and
(ii) in accordance with section 10(b)(1).
(D) All Hualapai Tribe CAP Water.
(2) Allottees.--The United States shall hold in trust for
the benefit of the allottees all water rights for the
allotments described in subparagraph 4.3.2 of the Hualapai
Tribe water rights settlement agreement.
(b) Forfeiture and Abandonment.--The following water rights shall
not be subject to loss through non-use, forfeiture, abandonment, or
other operation of law:
(1) The water rights for the Hualapai Reservation described
in subparagraph 4.2 of the Hualapai Tribe water rights
settlement agreement.
(2) The water rights for Hualapai trust land described in
subparagraph 4.4 of the Hualapai Tribe water rights settlement
agreement.
(3) Any Colorado River water entitlement purchased by the
Hualapai Tribe wholly or substantially with amounts contributed
by Freeport to the Economic Development Fund described in
section 8.1 of the Amended and Restated Hualapai Tribe Bill
Williams River Water Rights Settlement Agreement.
(c) Alienation.--Any Colorado River water entitlement purchased by
the Hualapai Tribe wholly or substantially with amounts contributed by
Freeport to the Economic Development Fund described in section 8.1 of
the Amended and Restated Hualapai Tribe Bill Williams River Water
Rights Settlement Agreement shall be restricted against permanent
alienation by the Tribe.
(d) Hualapai Tribe CAP Water.--The Hualapai Tribe shall have the
right to divert, use, and store the Hualapai Tribe CAP water in
accordance with section 11.
(e) Colorado River Water Entitlements.--
(1) Uses.--The Hualapai Tribe shall have the right to use
any Colorado River water entitlement purchased by or donated to
the Hualapai Tribe at the location to which the entitlement is
appurtenant on the date on which the entitlement is purchased
or donated.
(2) Storage.--
(A) In general.--Subject to paragraphs (3) and (5),
the Hualapai Tribe may store Colorado River water
available under any Colorado River water entitlement
purchased by or donated to the Hualapai Tribe at
underground storage facilities or groundwater savings
facilities located within the State and in accordance
with State law.
(B) Assignments.--The Hualapai Tribe may assign any
long-term storage credits accrued as a result of
storage under subparagraph (A) in accordance with State
law.
(3) Transfers.--The Hualapai Tribe may transfer the
entitlement for use or storage under paragraph (1) or (2),
respectively, to another location within the State, including
the Hualapai Reservation, in accordance with the Hualapai Tribe
water rights settlement agreement and all applicable Federal
and State laws governing the transfer of Colorado River water
entitlements within the State.
(4) Leases.--The Hualapai Tribe may lease the entitlement
for use or storage to a water user within the State, in
accordance with the Hualapai Tribe water rights settlement
agreement and all applicable Federal and State laws governing
the transfer of Colorado River water entitlements within the
State.
(5) Transports.--The Hualapai Tribe, or any person who
leases the entitlement from the Hualapai Tribe under paragraph
(4), may transport Colorado River water available under the
entitlement through the Central Arizona Project in accordance
with all laws of the United States and the Central Arizona
Water Conservation District governing the use of the Central
Arizona Project to transport water other than CAP Water.
(f) Use Off-Reservation.--No water rights to groundwater under the
Hualapai Reservation or Hualapai trust land, or to surface water on the
Hualapai Reservation or Hualapai trust land, may be sold, leased,
transferred, or used outside the boundaries of the Hualapai Reservation
or Hualapai trust land, other than under an exchange.
SEC. 6. AUTHORIZATION FOR CONSTRUCTION OF MUNICIPAL, DOMESTIC,
COMMERCIAL, AND INDUSTRIAL WATER PROJECTS; FUNDING.
(a) Hualapai Water Project.--
(1) In general.--Subject to the availability of
appropriations, the Secretary, acting through the Commissioner,
shall plan, design, and construct the Hualapai Water Project,
which shall be designed to divert, treat, and convey not less
than 3,414 AFY of water from the Colorado River for municipal,
commercial, and industrial uses on the Hualapai Reservation.
(2) Lead agency.--The Bureau of Reclamation shall serve as
the lead agency with respect to any activity to plan, design,
and construct the water diversion and delivery features of the
Hualapai Water Project.
(3) Scope.--
(A) In general.--The scope of the planning, design,
and construction activities for the Hualapai Water
Project shall be as generally described in the document
entitled ``Appraisal Design Report revised with
Addendum (June 2016)'' and prepared by DOWL HKM,
subject to the condition that, before commencing final
design and construction activities, the Secretary
shall--
(i) review the design of the proposed
construction;
(ii) perform value engineering analyses;
and
(iii) perform appropriate Federal
compliance activities.
(B) Requirements.--The Hualapai Water Project
shall--
(i) be capable of delivering 3,414 AFY of
water from the Colorado River to the
Reservation;
(ii) include all facilities and appurtenant
items necessary to divert, store, treat, and
deliver water for municipal, commercial, and
industrial uses on the Hualapai Reservation;
and
(iii) to the maximum extent practicable, be
designed and constructed to minimize OM&R
costs.
(C) Negotiations with hualapai tribe.--On the basis
of the review described in subparagraph (A)(i), the
Secretary shall periodically offer to negotiate and
reach agreement with the Hualapai Tribe regarding any
appropriate changes to the final design--
(i) to ensure that the final design meets
applicable industry standards;
(ii) to improve the cost-effectiveness of
the delivery of Colorado River water; and
(iii) to ensure that the Hualapai Water
Project will be constructed using only the
amounts made available pursuant to subsection
(b)(6).
(4) Applicability of isdeaa.--On request of the Hualapai
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 one or more agreements with the Hualapai Tribe
to carry out this subsection.
(5) Operation and maintenance.--
(A) In general.--In accordance with subsection (c)
and subject to the availability of appropriations,
during the period beginning on the enforceability date
and ending on the date on which title to the Hualapai
Water Project is transferred to the Hualapai Tribe
pursuant to paragraph (6), the Secretary, acting
through the Commissioner, in consultation with the
Hualapai Tribe, shall operate, maintain, and replace
the Hualapai Water Project.
(B) Authorization of appropriations.--
(i) In general.--There is authorized to be
appropriated to the Secretary to carry out the
activities described in subparagraph (A)
$5,000,000, to remain available until expended.
(ii) Unexpended funds.--Any funds that
remain unexpended on the date on which title to
the Hualapai Water Project is transferred to
the Hualapai Tribe pursuant to paragraph (6)
shall revert to the Treasury.
(iii) Prohibition.--The Secretary shall not
use any amounts from the Hualapai Water Project
Account or the Hualapai OM&R Trust Account to
carry out the activities described in
subparagraph (A).
(6) Title to hualapai water project.--
(A) In general.--The Secretary shall convey to the
Hualapai Tribe title to the Hualapai Water Project on
the date on which the Secretary issues a notice
including--
(i) a certification that 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);
(ii) a finding that the Hualapai Water
Project is substantially complete; and
(iii) a certification that the Secretary
has consulted with the Hualapai Tribe regarding
the finding described in clause (ii).
(B) Limitation on liability.--
(i) In general.--Subject to clause (ii),
beginning on the date on which the Secretary
transfers to the Hualapai Tribe title to the
Hualapai Water 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.
(ii) Savings clause.--Clause (i) shall not
apply to liability for 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, occurring prior
to the date on which the Secretary transfers to
the Hualapai Tribe title to the Hualapai Water
Project under subparagraph (A).
(C) OM&R obligation of united states after
conveyance.--Beginning on the date on which the
Secretary transfers to the Hualapai Tribe title to the
Hualapai Water Project under subparagraph (A), the
United States shall have no obligation to pay for the
OM&R costs of the Hualapai Water Project.
(7) Technical assistance.--
(A) In general.--Subject to the availability of
appropriations, the Secretary shall provide to the
Hualapai Tribe technical assistance, including
operation and management training, to prepare the
Hualapai Tribe for the operation of the Hualapai Water
Project.
(B) Authorization of appropriations.--
(i) In general.--There is authorized to be
appropriated to the Secretary to carry out the
activities described in subparagraph (A)
$2,000,000, to remain available until expended.
(ii) Unexpended funds.--Any funds that
remain unexpended on the date on which title to
the Hualapai Water Project is transferred to
the Hualapai Tribe pursuant to paragraph (6)
shall revert to the Treasury.
(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, the National Park Service, the United
States Fish and Wildlife Service, and the Hualapai Tribe--
(A) to review cost factors and budgets for
construction, operation, and maintenance activities for
the Hualapai Water Project;
(B) to improve management of inherently
governmental functions through enhanced communication;
and
(C) to seek additional ways to reduce overall costs
for the Hualapai Water Project.
(9) Authorization to construct.--
(A) In general.--Subject to subparagraph (B),
beginning on the day after the enforceability date, the
Secretary may construct the Hualapai Water Project.
(B) Preconstruction activities.--
(i) In general.--Notwithstanding
subparagraph (A) and subject to clause (ii), on
or before the enforceability date, the
Secretary may use not more than $15,233,000 of
the amounts deposited in the Hualapai Water
Project Account under subsection (b)(6) to
carry out, for the Hualapai Water Project--
(I) preconstruction activities; and
(II) necessary environmental
studies.
(ii) Fluctuation in costs.--The amount
described in clause (i) shall be increased or
decreased, as appropriate, by such amounts as
may be justified by reason of fluctuations in
applicable engineering cost indices occurring
after February 29, 2016.
(b) Hualapai Water Project Account.--
(1) Establishment.--
(A) In general.--There is established in the
Treasury of the United States an account, to be known
as the ``Hualapai Water Project Account'', for use in
constructing the Hualapai Water Project.
(B) Administration.--The Hualapai Water Project
Account shall be administered by the Secretary.
(C) Composition.--The Hualapai Water Project
Account shall consist of the amounts deposited in the
account under paragraph (6), together with any interest
accrued on those amounts.
(2) Management.--
(A) In general.--The Secretary shall manage the
Hualapai Water 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 Hualapai Water Project Account in
accordance with--
(i) the Act of April 1, 1880 (21 Stat. 70,
chapter 41; 25 U.S.C. 161);
(ii) the first section of the Act of June
24, 1938 (52 Stat. 1037, chapter 648; 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 (52 Stat. 108, chapter
44; 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 Hualapai Water Project Account
shall be credited to, and form a part of, the Hualapai
Water Project Account.
(3) Project efficiencies.--If the total cost of planning,
design, and construction activities of the Hualapai Water
Project results in cost savings and is less than the amounts
authorized to be appropriated under paragraph (6), the
Secretary, at the request of the Hualapai Tribe, may--
(A) use those cost savings to carry out capital
improvement projects associated with the Hualapai Water
Project; or
(B) transfer those cost savings to the Hualapai
OM&R Trust Account.
(4) No reimbursement.--The Secretary shall not be
reimbursed by any entity, including the Hualapai Tribe, for any
amounts expended by the Secretary in carrying out this section.
(5) Availability of amounts and investment earnings.--
(A) In general.--Except as provided in subsection
(a)(9)(B), amounts appropriated to and, deposited in,
the Hualapai Water Project Account shall not be
available to the Secretary for expenditure until the
enforceability date.
(B) Investment earnings.--Investment earnings under
paragraph (2) on amounts deposited in the Hualapai
Water Project Account shall not be available to the
Secretary for expenditure until the enforceability
date.
(6) Authorization of appropriations.--
(A) In general.--Subject to subparagraph (B), there
is authorized to be appropriated to the Secretary for
deposit in the Hualapai Water Project Account
$134,500,000, to remain available until expended
(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 fluctuations in
applicable engineering cost indices occurring after
February 29, 2016, until the date on which title to the
Hualapai Water Project is transferred to the Hualapai
Tribe under subsection (a)(6)(A).
(c) Hualapai OM&R Trust Account.--
(1) Establishment.--
(A) In general.--There is established in the
Treasury of the United States a trust account, to be
known as the ``Hualapai OM&R Trust Account'', for the
OM&R of the Hualapai Water Project.
(B) Administration.--The Hualapai OM&R Trust
Account shall be administered by the Secretary.
(C) Composition.--The Hualapai OM&R Trust Account
shall consist of the amounts deposited in the account
under paragraph (4), together with any interest accrued
on those amounts.
(2) Management.--
(A) In general.--The Secretary shall manage the
Hualapai 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 Hualapai OM&R Trust Account in
accordance with the laws and obligations described in
clauses (i) through (iii) of subsection (b)(2)(B).
(3) Availability of amounts.--Beginning on the date on
which title to the Hualapai Water Project is transferred to the
Hualapai Tribe under subsection (a)(6)(A), the Secretary shall
make available to the Hualapai Tribe all amounts appropriated
to, and deposited in, the Hualapai OM&R Trust Account.
(4) Authorization of appropriations.--
(A) In general.--Subject to subparagraph (B) and in
addition to any amounts transferred from the Hualapai
Water Project Account pursuant to subsection (b)(3)(B),
there is authorized to be appropriated to the Secretary
for deposit and retention in the Hualapai OM&R Trust
Account $32,000,000, to remain available until
expended.
(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 fluctuations in
applicable engineering cost indices occurring after
February 29, 2016.
SEC. 7. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.
(a) Hualapai Tribe.--
(1) Claims against the state and others.--
(A) In general.--Except as provided in subparagraph
(C), the Hualapai Tribe, on behalf of the Hualapai
Tribe and the members of the Hualapai Tribe (but not
members in the capacity of the members as allottees)
and the United States, acting as trustee for the
Hualapai Tribe and the members of the Hualapai Tribe
(but not members in the capacity of the members as
allottees), as part of the performance of the
respective obligations of the Hualapai Tribe and the
United States under the Hualapai Tribe water rights
settlement agreement and this Act, are authorized to
execute a waiver and release of any claims against the
State (or any agency or political subdivision of the
State) and any other individual, entity, corporation,
or municipal corporation under Federal, State, or other
law for all--
(i) past, present, and future claims for
water rights, including rights to Colorado
River water, for Hualapai land, arising from
time immemorial and, thereafter, forever;
(ii) past, present, and future claims for
water rights, including rights to Colorado
River water, arising from time immemorial and,
thereafter, forever, that are based on the
aboriginal occupancy of land by the Hualapai
Tribe, the predecessors of the Hualapai Tribe,
the members of the Hualapai Tribe, or
predecessors of the members of the Hualapai
Tribe;
(iii) past and present claims for injury to
water rights, including injury to rights to
Colorado River water, for Hualapai land,
arising from time immemorial through the
enforceability date;
(iv) past, present, and future claims for
injury to water rights, including injury to
rights to Colorado River water, arising from
time immemorial and, thereafter, forever, that
are based on the aboriginal occupancy of land
by the Hualapai Tribe, the predecessors of the
Hualapai Tribe, the members of the Hualapai
Tribe, or predecessors of the members of the
Hualapai Tribe;
(v) claims for injury to water rights,
including injury to rights to Colorado River
water, arising after the enforceability date,
for Hualapai land, resulting from the off-
Reservation diversion or use of water in a
manner not in violation of the Hualapai Tribe
water rights settlement agreement or State law;
(vi) past, present, and future claims
arising out of, or relating in any manner to,
the negotiation, execution, or adoption of the
Hualapai Tribe water rights settlement
agreement, any judgment or decree approving or
incorporating the Hualapai Tribe water rights
settlement agreement, or this Act; and
(vii) claims for water rights of the
Hualapai Tribe or United States, acting as
trustee for the Hualapai Tribe and members of
the Hualapai Tribe with respect to Parcel 3, in
excess of 300 AFY.
(B) Effective date.--The waiver and release of
claims described in subparagraph (A) shall take effect
on the enforceability date.
(C) Reservation of rights and retention of
claims.--Notwithstanding the waiver and release of
claims described in subparagraph (A), the Hualapai
Tribe, acting on behalf of the Hualapai Tribe and the
members of the Hualapai Tribe, and the United States,
acting as trustee for the Hualapai Tribe and the
members of the Hualapai Tribe (but not members in the
capacity of the members as allottees), shall retain any
right--
(i) subject to subparagraph 12.7 of the
Hualapai Tribe water rights settlement
agreement, to assert claims for injuries to,
and seek enforcement of, the rights of the
Tribe under the Hualapai Tribe water rights
settlement agreement or this Act in any Federal
or State court of competent jurisdiction;
(ii) to assert claims for injuries to, and
seek enforcement of, the rights of the Hualapai
Tribe under any judgment or decree approving or
incorporating the Hualapai Tribe water rights
settlement agreement;
(iii) to assert claims for water rights
based on State law for land owned or acquired
by the Hualapai Tribe in fee, under
subparagraph 4.8 of the Hualapai Tribe water
rights settlement agreement;
(iv) to object to any claims for water
rights or injury to water rights by or for any
Indian tribe or the United States, acting on
behalf of any Indian tribe;
(v) to assert past, present, or future
claims for injury to water rights against any
Indian tribe or the United States, acting on
behalf of any Indian tribe;
(vi) to assert claims for injuries to, and
seek enforcement of, the rights of the Hualapai
Tribe under the Bill Williams agreements or the
Bill Williams Act in any Federal or State court
of competent jurisdiction; and
(vii) subject to paragraphs (1), (3), (4),
and (5) of section 5(e), to assert the rights
of the Hualapai Tribe under any Colorado River
water entitlement purchased by or donated to
the Hualapai Tribe.
(2) Claims against united states.--
(A) In general.--Except as provided in subparagraph
(C), the Hualapai Tribe, acting on behalf of the
Hualapai Tribe and the members of the Hualapai Tribe
(but not members in the capacity of the members as
allottees) as part of the performance of the
obligations of the Hualapai Tribe under the Hualapai
Tribe water rights settlement agreement and this Act,
is authorized to execute a waiver and release of all
claims against the United States, including agencies,
officials, and employees of the United States, under
Federal, State, or other law for all--
(i) past, present, and future claims for
water rights, including rights to Colorado
River water, for Hualapai land, arising from
time immemorial and, thereafter, forever;
(ii) past, present, and future claims for
water rights, including rights to Colorado
River water, arising from time immemorial and,
thereafter, forever, that are based on the
aboriginal occupancy of land by the Hualapai
Tribe, the predecessors of the Hualapai Tribe,
the members of the Hualapai Tribe, or
predecessors of the members of the Hualapai
Tribe;
(iii) past and present claims relating in
any manner to damages, losses, or injury to
water rights (including injury to rights to
Colorado River water), land, or other resources
due to loss of water or water rights (including
damages, losses, or injuries to hunting,
fishing, gathering, or cultural rights due to
loss of water or water rights, claims relating
to interference with, diversion, or taking of
water, or claims relating to the failure to
protect, acquire, or develop water, water
rights, or water infrastructure) within the
State that first accrued at any time prior to
the enforceability date;
(iv) past and present claims for injury to
water rights, including injury to rights to
Colorado River water, for Hualapai land,
arising from time immemorial through the
enforceability date;
(v) past, present, and future claims for
injury to water rights, including injury to
rights to Colorado River water, arising from
time immemorial and, thereafter, forever, that
are based on the aboriginal occupancy of land
by the Hualapai Tribe, the predecessors of the
Hualapai Tribe, the members of the Hualapai
Tribe, or predecessors of the members of the
Hualapai Tribe;
(vi) claims for injury to water rights,
including injury to rights to Colorado River
water, arising after the enforceability date
for Hualapai land, resulting from the off-
Reservation diversion or use of water in a
manner not in violation of the Hualapai Tribe
water rights settlement agreement or State law;
and
(vii) past, present, and future claims
arising out of, or relating in any manner to,
the negotiation, execution, or adoption of the
Hualapai Tribe water rights settlement
agreement, any judgment or decree approving or
incorporating the Hualapai Tribe water rights
settlement agreement, or this Act.
(B) Effective date.--The waiver and release of
claims described in subparagraph (A) shall take effect
on the enforceability date.
(C) Retention of claims.--Notwithstanding the
waiver and release of claims described in subparagraph
(A), the Hualapai Tribe and the members of the Hualapai
Tribe (but not members in the capacity of the members
as allottees) shall retain any right--
(i) subject to subparagraph 12.7 of the
Hualapai Tribe water rights settlement
agreement, to assert claims for injuries to,
and seek enforcement of, the rights of the
Tribe under the Hualapai Tribe water rights
settlement agreement or this Act in any Federal
or State court of competent jurisdiction;
(ii) to assert claims for injuries to, and
seek enforcement of, the rights of the Hualapai
Tribe under any judgment or decree approving or
incorporating the Hualapai Tribe water rights
settlement agreement;
(iii) to assert claims for water rights
based on State law for land owned or acquired
by the Hualapai Tribe in fee, under
subparagraph 4.8 of the Hualapai Tribe water
rights settlement agreement;
(iv) to object to any claims for water
rights or injury to water rights by or for any
Indian tribe or the United States, acting on
behalf of any Indian tribe;
(v) to assert past, present, or future
claims for injury to water rights against any
Indian tribe or the United States, acting on
behalf of any Indian tribe;
(vi) to assert claims for injuries to, and
seek enforcement of, the rights of the Hualapai
Tribe under the Bill Williams agreements or the
Bill Williams Act in any Federal or State court
of competent jurisdiction; and
(vii) subject to paragraphs (1), (3), (4),
and (5) of section 5(e), to assert the rights
of the Hualapai Tribe under any Colorado River
water entitlement purchased by or donated to
the Hualapai Tribe.
(b) Waivers and Releases of Claims by United States, Acting as
Trustee for Allottees.--
(1) In general.--Except as provided in paragraph (3), the
United States, acting as trustee for the allottees of the
Hualapai Tribe, as part of the performance of the obligations
of the United States under the Hualapai Tribe water rights
settlement agreement and this Act, is authorized to execute a
waiver and release of any claims against the State (or any
agency or political subdivision of the State), the Hualapai
Tribe, and any other individual, entity, corporation, or
municipal corporation under Federal, State, or other law, for
all--
(A) past, present, and future claims for water
rights, including rights to Colorado River water, for
the allotments, arising from time immemorial and,
thereafter, forever;
(B) past, present, and future claims for water
rights, including rights to Colorado River water,
arising from time immemorial and, thereafter, forever,
that are based on the aboriginal occupancy of land by
the allottees or predecessors of the allottees;
(C) past and present claims for injury to water
rights, including injury to rights to Colorado River
water, for the allotments, arising from time immemorial
through the enforceability date;
(D) past, present, and future claims for injury to
water rights, if any, including injury to rights to
Colorado River water, arising from time immemorial and,
thereafter, forever, that are based on the aboriginal
occupancy of land by the allottees or predecessors of
the allottees;
(E) claims for injury to water rights, including
injury to rights to Colorado River water, arising after
the enforceability date, for the allotments, resulting
from the off-Reservation diversion or use of water in a
manner not in violation of the Hualapai Tribe water
rights settlement agreement or State law;
(F) past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of the Hualapai Tribe water
rights settlement agreement, any judgment or decree
approving or incorporating the Hualapai Tribe water
rights settlement agreement, or this Act; and
(G) claims for any water rights of the allottees or
the United States acting as trustee for the allottees
with respect to--
(i) Parcel 1, in excess of 82 AFY; or
(ii) Parcel 2, in excess of 312 AFY.
(2) Effective date.--The waiver and release of claims under
subparagraph (A) shall take effect on the enforceability date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1), the United
States, acting as trustee for the allottees of the Hualapai
Tribe, shall retain any right--
(A) subject to subparagraph 12.7 of the Hualapai
Tribe water rights settlement agreement, to assert
claims for injuries to, and seek enforcement of, the
rights of the allottees, if any, under the Hualapai
Tribe water rights settlement agreement or this Act in
any Federal or State court of competent jurisdiction;
(B) to assert claims for injuries to, and seek
enforcement of, the rights of the allottees under any
judgment or decree approving or incorporating the
Hualapai Tribe water rights settlement agreement;
(C) to object to any claims for water rights or
injury to water rights by or for--
(i) any Indian tribe other than the
Hualapai Tribe; or
(ii) the United States, acting on behalf of
any Indian tribe other than the Hualapai tribe;
(D) to assert past, present, or future claims for
injury to water rights against--
(i) any Indian tribe other than the
Hualapai Tribe; or
(ii) the United States, acting on behalf of
any Indian tribe other than the Hualapai tribe;
and
(E) to assert claims for injuries to, and seek
enforcement of, the rights of the allottees under the
Bill Williams agreements or the Bill Williams Act in
any Federal or State court of competent jurisdiction.
(c) Waiver and Release of Claims by United States Against Hualapai
Tribe.--
(1) In general.--Except as provided in paragraph (3), the
United States, in all capacities (except as trustee for an
Indian tribe other than the Hualapai Tribe), as part of the
performance of the obligations of the United States under the
Hualapai Tribe water rights settlement agreement and this Act,
is authorized to execute a waiver and release of all claims
against the Hualapai Tribe, the members of the Hualapai Tribe,
or any agency, official, or employee of the Hualapai Tribe,
under Federal, State or any other law for all--
(A) past and present claims for injury to water
rights, including injury to rights to Colorado River
water, resulting from the diversion or use of water on
Hualapai land arising from time immemorial through the
enforceability date;
(B) claims for injury to water rights, including
injury to rights to Colorado River water, arising after
the enforceability date, resulting from the diversion
or use of water on Hualapai land in a manner that is
not in violation of the Hualapai Tribe water rights
settlement agreement or State law; and
(C) past, present, and future claims arising out
of, or related in any manner to, the negotiation,
execution, or adoption of the Hualapai Tribe water
rights settlement agreement, any judgment or decree
approving or incorporating the Hualapai Tribe water
rights settlement agreement, or this Act.
(2) Effective date.--The waiver and release of claims
described in paragraph (1) shall take effect on the
enforceability date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1), the United States
shall retain any right to assert any claim not expressly waived
in accordance with paragraph (1), including any right to assert
a claim for injury to, and seek enforcement of, any right of
the United States under the Bill Williams agreements or the
Bill Williams Act, in any Federal or State court of competent
jurisdiction.
(d) Bill Williams River Phase 2 Water Rights Settlement Agreement
Waiver, Release, and Retention of Claims.--
(1) Claims against freeport.--
(A) In general.--Except as provided in subparagraph
(C), the United States, acting solely on behalf of the
Department of the Interior (including the Bureau of
Land Management and the United States Fish and Wildlife
Service), as part of the performance of the obligations
of the United States under the Bill Williams River
phase 2 water rights settlement agreement, is
authorized to execute a waiver and release of all
claims of the United States against Freeport under
Federal, State, or any other law for--
(i) any past or present claim for injury to
water rights resulting from--
(I) the diversion or use of water
by Freeport pursuant to the water
rights described in Exhibit 4.1(ii) to
the Bill Williams River phase 2 water
rights settlement agreement; and
(II) any other diversion or use of
water for mining purposes authorized by
the Bill Williams River phase 2 water
rights settlement agreement;
(ii) any claim for injury to water rights
arising after the enforceability date described
in section 12(d) resulting from--
(I) the diversion or use of water
by Freeport pursuant to the water
rights described in Exhibit 4.1(ii) to
the Bill Williams River phase 2 water
rights settlement agreement in a manner
not in violation of the Bill Williams
River phase 2 water rights settlement
agreement;
(II) the diversion of up to 2,500
AFY of water by Freeport from Sycamore
Creek as permitted by section 4.3(iv)
of the Bill Williams River phase 2
water rights settlement agreement; and
(III) any other diversion or use of
water by Freeport authorized by the
Bill Williams River phase 2 water
rights settlement agreement, subject to
the condition that such a diversion and
use of water is conducted in a manner
not in violation of the Bill Williams
River phase 2 water rights settlement
agreement; and
(iii) any past, present, or future claim
arising out of, or relating in any manner to,
the negotiation or execution of the Bill
Williams River phase 2 water rights settlement
agreement, the Hualapai Tribe water rights
settlement agreement, or this Act.
(B) Effective date.--The waiver and release of
claims under subparagraph (A) shall take effect on the
enforceability date described in section 12(d).
(C) Retention of claims.--The United States shall
retain all rights not expressly waived in the waiver
and release of claims under subparagraph (A),
including, subject to section 6.4 of the Bill Williams
River phase 2 water rights settlement agreement, the
right to assert a claim for injury to, and seek
enforcement of, the Bill Williams River phase 2 water
rights settlement agreement or this Act, in any Federal
or State court of competent jurisdiction (but not a
tribal court).
(2) No precedential effect.--
(A) Pending and future proceedings.--The Bill
Williams River phase 2 water rights settlement
agreement shall have no precedential effect in any
other administrative or judicial proceeding,
including--
(i) any pending or future general stream
adjudication, or any other litigation involving
Freeport or the United States, including any
proceeding to establish or quantify a Federal
reserved water right;
(ii) any pending or future administrative
or judicial proceeding relating to an
application--
(I) to appropriate water (for
instream flow or other purposes);
(II) to sever and transfer a water
right;
(III) to change a point of
diversion; or
(IV) to change a place of use for
any water right; or
(iii) any proceeding regarding water rights
or a claim relating to any Federal land.
(B) No methodology or standard.--Nothing in the
Bill Williams phase 2 water rights settlement agreement
establishes any standard or methodology to be used for
the quantification of any claim to water rights
(whether based on Federal or State law) in any judicial
or administrative proceeding, other than a proceeding
to enforce the terms of the Bill Williams River phase 2
water rights settlement agreement.
SEC. 8. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.
(a) Hualapai Tribe and Members.--
(1) In general.--The benefits realized by the Hualapai
Tribe and the members of the Hualapai Tribe (but not members in
the capacity of the members as allottees) under the Hualapai
Tribe water rights settlement agreement, this Act, the Bill
Williams agreements, and the Bill Williams Act shall be in full
satisfaction of all claims of the Hualapai Tribe, the members
of the Hualapai Tribe, and the United States, acting in the
capacity of the United States as trustee for the Hualapai Tribe
and the members of the Hualapai Tribe, for water rights and
injury to water rights under Federal, State, or other law with
respect to Hualapai land.
(2) Satisfaction.--Any entitlement to water of the Hualapai
Tribe and the members of the Hualapai Tribe (but not members in
the capacity of the members as allottees) or the United States,
acting in the capacity of the United States as trustee for the
Hualapai Tribe and the members of the Hualapai Tribe, for
Hualapai land shall be satisfied out of the water resources and
other benefits granted, confirmed, quantified, or recognized by
the Hualapai Tribe water rights settlement agreement, this Act,
the Bill Williams agreements, and the Bill Williams Act to or
for the Hualapai Tribe, the members of the Hualapai Tribe, and
the United States, acting in the capacity of the United States
as trustee for the Hualapai Tribe and the members of the
Hualapai Tribe.
(b) Allottee Water Claims.--
(1) In general.--The benefits realized by the allottees of
the Hualapai Tribe under the Hualapai Tribe water rights
settlement agreement, this Act, the Bill Williams agreements,
and the Bill Williams Act shall be in complete replacement of
and substitution for, and full satisfaction of, all claims with
respect to allotments of the allottees and the United States,
acting in the capacity of the United States as trustee for the
allottees, for water rights and injury to water rights under
Federal, State, or other law.
(2) Satisfaction.--Any entitlement to water of the
allottees or the United States, acting in the capacity of the
United States as trustee for the allottees, for allotments
shall be satisfied out of the water resources and other
benefits granted, confirmed or recognized by the Hualapai Tribe
water rights settlement agreement, this Act, the Bill Williams
agreements, and the Bill Williams Act to or for the allottees
and the United States, acting as trustee for the allottees.
(c) Effect.--Notwithstanding subsections (a) and (b), nothing in
this Act or the Hualapai Tribe water rights settlement agreement--
(1) recognizes or establishes any right of a member of the
Hualapai Tribe or an allottee to water on Hualapai land; or
(2) prohibits the Hualapai Tribe or an allottee from
acquiring additional water rights by purchase of land, credits,
or water rights.
SEC. 9. LAND ADDED TO HUALAPAI RESERVATION.
In accordance with section 2 of the Act of May 25, 1918 (40 Stat.
570, chapter 86; 25 U.S.C. 211), the following land in the State is
added to the Hualapai Reservation:
(1) The land held in trust by the United States for the
Hualapai Tribe by the first section of Public Law 93-560 (88
Stat. 1820).
(2) The land deeded to the United States in the capacity of
the United States as trustee for the Hualapai Tribe pursuant to
the 1947 judgment.
SEC. 10. TRUST LAND.
(a) New Trust Land.--Beginning on the date of enactment of this
Act, the Secretary shall accept the conveyance of, and hold in trust
for the benefit of the Hualapai Tribe, the following parcels of land
owned in fee as of that date of enactment by the Hualapai Tribe:
(1) Cholla canyon ranch parcels.--In T. 16 N., R. 13 W.,
Gila and Salt River Base and Meridian, Mohave County, Arizona--
(A) SW\1/4\ sec. 25; and
(B) NE\1/4\ and NE\1/4\SE\1/4\ sec. 35.
(2) Valentine cemetery.--W\1/2\NW\1/4\SW\1/4\ sec. 22, T.
23 N., R. 13 W., Gila and Salt River Base and Meridian, Mohave
County, Arizona.
(3) Truxton triangle.--That portion of the S\1/2\ sec. 3,
lying south of the south boundary of the Hualapai Reservation
and north of the north right-of-way boundary of Arizona Highway
66, and bounded by the west section line of that sec. 3 and the
south section line of that sec. 3, T. 24 N., R. 12 W., Gila and
Salt River Base and Meridian, Mohave County, Arizona.
(4) Hunt parcel 4.--SW\1/4\NE\1/4\ sec. 7, T. 25 N., R. 13
W., Gila and Salt River Base and Meridian, Mohave County,
Arizona.
(5) Hunt parcel 5.--SE\1/4\, E\1/2\SW\1/4\, and SW\1/4\
SW\1/4\ sec. 1, T. 25 N., R. 14 W., Gila and Salt River Base
and Meridian, Mohave County, Arizona.
(6) Hunt parcels 1 and 2.--In T. 26 N., R. 14 W., Gila and
Salt River Base and Meridian, Mohave County, Arizona--
(A) NE\1/4\SW\1/4\ sec. 9; and
(B) NW\1/4\SE \1/4\ sec. 27.
(7) Hunt parcel 3.--SW\1/4\NE\1/4\ sec. 25, T. 27 N., R. 15
W., Gila and Salt River Base and Meridian, Mohave County,
Arizona.
(b) Future Trust Land.--
(1) New statutory requirement.--Effective beginning on the
date of enactment of this Act, any land located in the State
outside the exterior boundaries of the Hualapai Reservation may
only be taken into trust by the United States for the benefit
of the Hualapai Tribe by an Act of Congress--
(A) that specifically authorizes the transfer of
the land for the benefit of the Hualapai Tribe; and
(B) the date of enactment of which is after the
date of enactment of this Act.
(2) Water rights.--Any land taken into trust for the
benefit of the Hualapai Tribe under paragraph (1)--
(A) shall include water rights only under State
law; and
(B) shall not include any federally reserved water
rights.
SEC. 11. REALLOCATION OF CAP NIA PRIORITY WATER; FIRMING; WATER
DELIVERY CONTRACT; COLORADO RIVER ACCOUNTING.
(a) Reallocation to the Hualapai Tribe.--On the enforceability
date, the Secretary shall reallocate to the Hualapai Tribe the Hualapai
Tribe CAP water.
(b) Firming.--
(1) Hualapai tribe cap water.--Except as provided in
subsection (c)(2)(H), the Hualapai Tribe CAP water shall be
firmed as follows:
(A) In accordance with section 6(b)(1)(B) of the
Arizona Water Settlements Act (Public Law 108-451; 118
Stat. 3492), for the 100-year period beginning on
January 1, 2008, the Secretary shall firm 557.50 AFY of
the Hualapai Tribe CAP water to the equivalent of CAP
M&I priority water.
(B) In accordance with section 6(b)(2)(B) of the
Arizona Water Settlements Act (Public Law 108-451; 118
Stat. 3492), for the 100-year period beginning on
January 1, 2008, the State shall firm 557.50 AFY of the
Hualapai Tribe CAP water to the equivalent of CAP M&I
priority water.
(2) Additional firming.--The Hualapai Tribe may, at the
expense of the Hualapai Tribe, take additional actions to firm
or supplement the Hualapai Tribe CAP water, including by
entering into agreements for that purpose with the Central
Arizona Water Conservation District, the Arizona Water Banking
Authority, or any other lawful authority, in accordance with
State law.
(c) Hualapai Tribe Water Delivery Contract.--
(1) In general.--In accordance with the Hualapai Tribe
water rights settlement agreement and the requirements
described in paragraph (2), the Secretary shall enter into the
Hualapai Tribe water delivery contract.
(2) Requirements.--The requirements referred to in
paragraph (1) are the following:
(A) In general.--The Hualapai Tribe water delivery
contract shall--
(i) be for permanent service (as that term
is used in section 5 of the Boulder Canyon
Project Act (43 U.S.C. 617d));
(ii) take effect on the enforceability
date; and
(iii) be without limit as to term.
(B) Hualapai tribe cap water.--
(i) In general.--The Hualapai Tribe CAP
water may be delivered for use in the lower
basin in Arizona through--
(I) the Hualapai Water Project; or
(II) the CAP system.
(ii) Method of delivery.--The Secretary
shall authorize the delivery of Hualapai Tribe
CAP water under this clause to be effected by
the diversion and use of water directly from
the Colorado River in Arizona.
(C) Contractual delivery.--The Secretary shall
deliver the Hualapai Tribe CAP water to the Hualapai
Tribe in accordance with the terms and conditions of
the Hualapai Tribe water delivery contract.
(D) Distribution of cap nia priority water.--
(i) In general.--Except as provided in
clause (ii), if, for any year, the available
CAP supply is insufficient to meet all demands
under CAP contracts and CAP subcontracts for
the delivery of CAP NIA priority water, the
Secretary and the CAP operating agency shall
prorate the available CAP NIA priority water
among the CAP contractors and CAP
subcontractors holding contractual entitlements
to CAP NIA priority water on the basis of the
quantity of CAP NIA priority water used by each
such CAP contractor and CAP subcontractor in
the last year in which the available CAP supply
was sufficient to fill all orders for CAP NIA
priority water.
(ii) Exception.--
(I) In general.--Notwithstanding
clause (i), if the available CAP supply
is insufficient to meet all demands
under CAP contracts and CAP
subcontracts for the delivery of CAP
NIA priority water in the year
following the year in which the
enforceability date occurs, the
Secretary shall assume that the
Hualapai Tribe used the full volume of
Hualapai Tribe CAP water in the last
year in which the available CAP supply
was sufficient to fill all orders for
CAP NIA priority water.
(II) Continuation.--The assumption
described in subclause (I) shall
continue until the available CAP supply
is sufficient to meet all demands under
CAP contracts and CAP subcontracts for
the delivery of CAP NIA priority water.
(III) Determination.--The Secretary
shall determine the quantity of CAP NIA
priority water used by the Gila River
Indian Community and the Tohono O'odham
Nation in the last year in which the
available CAP supply was sufficient to
fill all orders for CAP NIA priority
water in a manner consistent with the
settlement agreements with those
tribes.
(E) Leases and exchanges of hualapai tribe cap
water.--On and after the date on which the Hualapai
Tribe water delivery contract becomes effective, the
Hualapai Tribe may, with the approval of the Secretary,
enter into contracts or options to lease, or contracts
or options to exchange, the Hualapai Tribe CAP water
within the lower basin in Arizona, providing for the
temporary delivery to other persons of any portion of
Hualapai Tribe CAP water.
(F) Term of leases and exchanges.--
(i) Leasing.--Contracts to lease and
options to lease under subparagraph (E) shall
be for a term of not more than 100 years.
(ii) Exchanging.--Contracts to exchange and
options to exchange under subparagraph (E)
shall be for the term provided for in the
contract or option, as applicable.
(iii) Renegotiation.--The Hualapai Tribe
may, with the approval of the Secretary,
renegotiate any lease described in subparagraph
(E), at any time during the term of the lease,
if the term of the renegotiated lease does not
exceed 100 years.
(G) Prohibition on permanent alienation.--No
Hualapai Tribe CAP water may be permanently alienated.
(H) No firming of leased water.--The firming
obligations described in subsection (b)(1) shall not
apply to any Hualapai Tribe CAP water leased by the
Hualapai Tribe to another person.
(I) Entitlement to lease and exchange funds;
obligations of united states.--
(i) Entitlement.--
(I) In general.--The Hualapai Tribe
shall be entitled to all consideration
due to the Hualapai Tribe under any
contract to lease, option to lease,
contract to exchange, or option to
exchange the Hualapai Tribe CAP water
entered into by the Hualapai Tribe.
(II) Exclusion.--The United States
shall not, in any capacity, be entitled
to the consideration described in
subclause (I).
(ii) Obligations of united states.--The
United States shall not, in any capacity, have
any trust or other obligation to monitor,
administer, or account for, in any manner, any
funds received by the Hualapai Tribe as
consideration under any contract to lease,
option to lease, contract exchange, or option
to exchange the Hualapai Tribe CAP water
entered into by the Hualapai Tribe, except in a
case in which the Hualapai Tribe deposits the
proceeds of any lease, option to lease,
exchange, or option to exchange into an account
held in trust for the Hualapai Tribe by the
United States.
(J) Water use and storage.--
(i) In general.--The Hualapai Tribe may use
the Hualapai Tribe CAP water on or off the
Hualapai Reservation within the lower basin in
Arizona for any purpose.
(ii) Storage.--The Hualapai Tribe, in
accordance with State law, may store the
Hualapai Tribe CAP water at one or more
underground storage facilities or groundwater
savings facilities, subject to the condition
that, if the Hualapai Tribe stores Hualapai
Tribe CAP water that has been firmed pursuant
to subsection (b)(1), the stored water may only
be--
(I) used by the Hualapai Tribe; or
(II) exchanged by the Hualapai
Tribe for water that will be used by
the Hualapai Tribe.
(iii) Assignment.--The Hualapai Tribe, in
accordance with State law, may assign any long-
term storage credit accrued as a result of
storage described in clause (ii), subject to
the condition that the Hualapai Tribe shall not
assign any long-term storage credit accrued as
a result of the storage of Hualapai Tribe CAP
water that has been firmed pursuant to
subsection (b)(1).
(K) Use outside state.--The Hualapai Tribe may not
use, lease, exchange, forbear, or otherwise transfer
any Hualapai Tribe CAP water for use directly or
indirectly outside of the lower basin in Arizona.
(L) CAP fixed om&r charges.--
(i) In general.--The CAP operating agency
shall be paid the CAP fixed OM&R charges
associated with the delivery of all the
Hualapai Tribe CAP water.
(ii) Payment of charges.--Except as
provided in subparagraph (O), all CAP fixed
OM&R charges associated with the delivery of
the Hualapai Tribe CAP water to the Hualapai
Tribe shall be paid by--
(I) the Secretary, pursuant to
section 403(f)(2)(A) of the Colorado
River Basin Project Act (43 U.S.C.
1543(f)(2)(A)), subject to the
condition that funds for that payment
are available in the Lower Colorado
River Basin Development Fund; and
(II) if the funds described in
subclause (I) become unavailable, the
Hualapai Tribe.
(M) CAP pumping energy charges.--
(i) In general.--The CAP operating agency
shall be paid the CAP pumping energy charges
associated with the delivery of all the
Hualapai Tribe CAP water only in cases in which
the CAP system is used for the delivery of that
water.
(ii) Payment of charges.--Except for CAP
Water not delivered through the CAP System,
which does not incur a CAP pumping energy
charge, or water delivered to other persons as
described in subparagraph (O), any applicable
CAP pumping energy charges associated with the
delivery of the Hualapai Tribe CAP water shall
be paid by the Hualapai Tribe.
(N) Waiver of property tax equivalency payments.--
No property tax or in-lieu property tax equivalency
shall be due or payable by the Hualapai Tribe for the
delivery of CAP water or for the storage of CAP water
in an underground storage facility or groundwater
savings facility.
(O) Lessee responsibility for charges.--
(i) In general.--Any lease or option to
lease providing for the temporary delivery to
other persons of any Hualapai Tribe CAP water
shall require the lessee to pay the CAP
operating agency all CAP fixed OM&R charges and
all CAP pumping energy charges associated with
the delivery of the leased water.
(ii) No responsibility for payment.--
Neither the Hualapai Tribe nor the United
States in any capacity shall be responsible for
the payment of any charges associated with the
delivery of the Hualapai Tribe CAP water leased
to other persons.
(P) Advance payment.--No Hualapai Tribe CAP water
shall be delivered unless the CAP fixed OM&R charges
and any applicable CAP pumping energy charges
associated with the delivery of that water have been
paid in advance.
(Q) Calculation.--The charges for delivery of the
Hualapai Tribe CAP water pursuant to the Hualapai Tribe
water delivery contract shall be calculated in
accordance with the CAP repayment stipulation.
(R) CAP repayment.--For purposes of determining the
allocation and repayment of costs of any stages of the
CAP system constructed after November 21, 2007, the
costs associated with the delivery of the Hualapai
Tribe CAP water, regardless of whether the Hualapai
Tribe CAP water is delivered for use by the Hualapai
Tribe or in accordance with any lease, option to lease,
exchange, or option to exchange providing for the
delivery to other persons of the Hualapai Tribe CAP
water, shall be--
(i) nonreimbursable; and
(ii) excluded from the repayment obligation
of the Central Arizona Water Conservation
District.
(S) Nonreimbursable cap construction costs.--
(i) In general.--With respect to the costs
associated with the construction of the CAP
system allocable to the Hualapai Tribe--
(I) the costs shall be
nonreimbursable; and
(II) the Hualapai Tribe shall have
no repayment obligation for the costs.
(ii) Capital charges.--No CAP water service
capital charges shall be due or payable for the
Hualapai Tribe CAP water, regardless of whether
the water--
(I) is delivered for use by the
Hualapai Tribe; or
(II) is delivered under any lease,
option to lease, exchange, or option to
exchange the Hualapai Tribe CAP water
entered into by the Hualapai Tribe.
(d) Colorado River Accounting.--All Hualapai Tribe CAP water
diverted directly from the Colorado River shall be accounted for as
deliveries of CAP water within the State.
SEC. 12. ENFORCEABILITY DATE.
(a) In General.--Except as provided in subsection (d), the Hualapai
Tribe water rights settlement agreement, including the waivers and
releases of claims described in section 7, shall take effect and be
fully enforceable, and construction of the Hualapai Water 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 Hualapai Tribe water rights
settlement agreement conflicts with this Act--
(A) the Hualapai Tribe water rights settlement
agreement has been revised through an amendment to
eliminate the conflict; and
(B) the revised Hualapai Tribe water rights
settlement agreement, including any exhibit to that
agreement requiring execution by any party to the
agreement, has been executed by the required party;
(2) the waivers and releases of claims described in section
7 have been executed by the Hualapai Tribe and the United
States;
(3) the abstracts referenced in subparagraphs 4.8.1.2,
4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights
settlement agreement have been completed by the Hualapai Tribe;
(4) the full amount described in section 6(b)(6)(A), as
adjusted by section 6(b)(6)(B), has been deposited in the
Hualapai Water Project Account;
(5) the full amount described in section 6(c)(4)(A), as
adjusted by section 6(c)(4)(B), has been deposited in the
Hualapai OM&R Trust Account;
(6) the full amounts described in paragraphs (5)(B)(i) and
(7)(B)(i) of section 6(a) have been appropriated;
(7) the Gila River adjudication decree has been approved by
the Gila River adjudication court substantially in the form of
the judgment and decree attached to the Hualapai Tribe water
rights settlement agreement as exhibit 3.1.43;
(8) the Secretary has executed the Hualapai Tribe water
delivery contract described in section 11(c); and
(9) the Secretary has issued a final Record of Decision
approving the construction of the Hualapai Water Project in a
configuration substantially as described in section 6.
(b) Repeal on Failure To Meet Enforceability Date.--
(1) In general.--Except as provided in paragraph (2), if
the Secretary fails to publish in the Federal Register a
statement of findings under subsection (a) by October 15,
2027--
(A) this Act is repealed; and
(B)(i) any action taken by the Secretary and any
contract or agreement entered into pursuant to this Act
shall be void; and
(ii) any amounts appropriated under section 6,
together with any investment earnings on those amounts,
less any amounts expended under section 6(a)(9)(B),
shall revert immediately to the general fund of the
Treasury.
(2) Severability.--Notwithstanding paragraph (1), if the
Secretary fails to publish in the Federal Register a statement
of findings under subsection (a) by October 15, 2027, sections
9 and 10(a) shall remain in effect.
(c) Right To Offset.--If the Secretary has not published in the
Federal Register the statement of findings under subsection (a) by
October 15, 2027, the United States shall be entitled to offset any
Federal amounts made available under section 6(a)(9) that were used or
authorized for any use under that subsection against any claim asserted
by the Hualapai Tribe against the United States described in section
7(a)(2)(A).
(d) Enforceability Date for Bill Williams River Phase 2 Water
Rights Settlement Agreement.--Notwithstanding subsection (a), the Bill
Williams River phase 2 water rights settlement agreement (including the
waivers and releases described in section 7(d) of this Act or section 5
of the Bill Williams River phase 2 water rights settlement agreement)
shall take effect and become enforceable among the parties to the Bill
Williams River phase 2 water rights settlement agreement on the date on
which all of the following conditions have occurred:
(1) The Hualapai Tribe water rights settlement agreement
becomes enforceable pursuant to subsection (a).
(2) Freeport has submitted to the Arizona Department of
Water Resources a conditional withdrawal of any objection to
the Bill Williams River watershed instream flow applications
pursuant to section 4.4(i) of the Bill Williams River phase 2
water rights settlement agreement, which withdrawal shall take
effect on the enforceability date described in this subsection.
(3) Not later than the enforceability date described in
subsection (a), the Arizona Department of Water Resources has
issued an appealable, conditional decision and order for the
Bill Williams River watershed instream flow applications
pursuant to section 4.4(iii) of the Bill Williams River phase 2
water rights settlement agreement, which order shall become
nonconditional and effective on the enforceability date
described in this subsection.
(4) The conditional decision and order described in
paragraph (3)--
(A) becomes final; and
(B) is not subject to any further appeal.
SEC. 13. ADMINISTRATION.
(a) Limited Waiver of Sovereign Immunity.--
(1) Waiver.--
(A) In general.--In any circumstance described in
paragraph (2)--
(i) the United States or the Hualapai Tribe
may be joined in the action described in the
applicable subparagraph of that paragraph; and
(ii) subject to subparagraph (B), any claim
by the United States or the Hualapai Tribe to
sovereign immunity from the action is waived.
(B) Limitation.--A waiver under subparagraph
(A)(ii)--
(i) shall only be for the limited and sole
purpose of the interpretation or enforcement
of--
(I) this Act;
(II) the Hualapai Tribe water
rights settlement agreement; or
(III) in accordance with paragraph
(2)(D)--
(aa) the Bill Williams Act;
or
(bb) the Bill Williams
agreements; and
(ii) shall not include any award against
the Hualapai Tribe for money damages, court
costs, or attorneys fees.
(2) Circumstances described.--A circumstance referred to in
paragraph (1)(A) is any of the following:
(A) Any party to the Hualapai Tribe water rights
settlement agreement--
(i) brings an action in any Federal or
State court relating only and directly to the
interpretation or enforcement of--
(I) this Act; or
(II) the Hualapai Tribe water
rights settlement agreement; and
(ii) names the United States or the
Hualapai Tribe as a party in that action.
(B) Any landowner or water user in the Verde River
Watershed or the Colorado River basin within the State
of Arizona--
(i) brings an action in any Federal or
State court relating only and directly to the
interpretation or enforcement of--
(I) paragraph 10.0 of the Hualapai
Tribe water rights settlement
agreement; or
(II) section 7; and
(ii) names the United States or the
Hualapai Tribe as a party in that action.
(C) The State of California or the State of
Nevada--
(i) brings an action in any Federal or
State court relating only and directly to the
interpretation or enforcement of a provision
relating to the Colorado River under--
(I) paragraph 10.0 of the Hualapai
Tribe water rights settlement
agreement; or
(II) section 7; and
(ii) names the United States or the
Hualapai Tribe as a party in that action.
(D) Any party to the Bill Williams agreements--
(i) brings an action in any Federal or
State court relating only and directly to the
interpretation or enforcement of--
(I) the Bill Williams Act; or
(II) the Bill Williams agreements;
and
(ii) names the United States or the
Hualapai Tribe as a party in that action.
(b) Antideficiency.--Notwithstanding any authorization of
appropriations to carry out this Act, the United States shall not be
liable for any failure of the United States to carry out any obligation
or activity authorized by this Act (including all titles and all
agreements or exhibits ratified or confirmed by this Act) if--
(1) adequate appropriations are not provided expressly by
Congress to carry out the purposes of this Act; or
(2) there are not enough monies available to carry out this
Act in the Lower Colorado River Basin Development Fund
established by section 403(a) of the Colorado River Basin
Project Act (43 U.S.C. 1543(a)).
(c) Application of Reclamation Reform Act of 1982.--The Reclamation
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage
limitation or full-cost pricing provision of Federal law shall not
apply to any person, entity, or tract of land solely on the basis of--
(1) receipt of any benefit under this Act;
(2) execution or performance of this Act; or
(3) the use, storage, delivery, lease, or exchange of CAP
water.
(d) Effect.--
(1) Definition of colorado river water.--The definition of
``Colorado River water'' contained in section 3, or in any
provision of Hualapai Tribe water rights settlement agreement--
(A) shall only be used for purposes of interpreting
this Act or the Hualapai Tribe water rights settlement
agreement, as applicable; and
(B) shall not be used for any interpretation of any
other applicable provision of Federal law, including--
(i) the Colorado River Compact;
(ii) section 5 of the Boulder Canyon
Project Act (43 U.S.C. 617d);
(iii) the Colorado River Basin Project Act
(Public Law 90-537; 82 Stat. 885); and
(iv) any contract or agreement entered into
pursuant a law described in clause (i), (ii),
or (iii).
(2) No modification or preemption of other law.--Unless
expressly provided in this Act, nothing in this Act modifies,
conflicts with, preempts, or otherwise affects--
(A) the Boulder Canyon Project Act (43 U.S.C. 617
et seq.);
(B) the Boulder Canyon Project Adjustment Act (43
U.S.C. 618 et seq.);
(C) the Act of April 11, 1956 (commonly known as
the ``Colorado River Storage Project Act'' (43 U.S.C.
620 et seq.));
(D) the Colorado River Basin Project Act (Public
Law 90-537; 82 Stat. 885);
(E) the Treaty between the United States of America
and Mexico respecting utilization of waters of the
Colorado and Tijuana Rivers and of the Rio Grande,
signed at Washington February 3, 1944 (59 Stat. 1219);
(F) the Colorado River Compact;
(G) the Upper Colorado River Basin Compact;
(H) the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 991); or
(I) case law concerning water rights in the
Colorado River system other than any case to enforce
the Hualapai Tribe water rights settlement agreement or
this Act.
(3) Effect on agreements.--Nothing in this Act or the
Hualapai Tribe water rights settlement agreement limits the
right of the Hualapai Tribe to enter into any agreement for the
storage or banking of water in accordance with State law with--
(A) the Arizona Water Banking Authority (or a
successor agency or entity); or
(B) any other lawful authority .
(4) Effect of act.--Nothing in this Act--
(A) quantifies or otherwise affects the water
rights, claims, or entitlements to water of any Indian
tribe, nation, band, or community, other than the
Hualapai Tribe;
(B) affects the ability of the United States to
take action on behalf of any Indian tribe, nation,
band, or community, other than the Hualapai Tribe, the
members of the Hualapai Tribe, and the allottees; or
(C) limits the right of the Hualapai Tribe to use
any water of the Hualapai Tribe in any location on the
Hualapai Reservation.
<all>
Introduced in Senate
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 114-539.
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