No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8940 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8940
To provide for the settlement of the water rights claims of the Navajo
Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 8, 2024
Mr. Ciscomani (for himself, Mr. Stanton, Mr. Grijalva, and Mr.
Schweikert) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for the settlement of the water rights claims of the Navajo
Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Northeastern
Arizona Indian Water Rights Settlement Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Ratification and execution of the Northeastern Arizona Indian
Water Rights Settlement Agreement.
Sec. 5. Water Rights.
Sec. 6. Allocation and assignment of Colorado River Water to the
Tribes; water delivery contracts.
Sec. 7. Colorado River Water leases and exchanges; Uses.
Sec. 8. iina ba - paa tuwaqat'si pipeline.
Sec. 9. iina ba - paa tuwaqat'si pipeline Implementation Fund Account.
Sec. 10. Navajo Nation Water Settlement Trust Fund.
Sec. 11. Hopi Tribe Settlement Trust Fund.
Sec. 12. San Juan Southern Paiute Tribe Water Settlement Trust Fund.
Sec. 13. Funding.
Sec. 14. Waivers, releases, and retention of claims.
Sec. 15. Satisfaction of Water Rights and other benefits.
Sec. 16. Enforceability Date.
Sec. 17. Colorado River accounting.
Sec. 18. Limited waiver of sovereign immunity.
Sec. 19. Ratification of the Treaty and creation of the San Juan
Southern Paiute Reservation.
Sec. 20. Antideficiency; savings provisions; effect.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to achieve a fair, equitable, and final settlement of
all claims to rights to water in the State for--
(A) the Navajo Nation and Navajo Allottees;
(B) the Hopi Tribe and Hopi Allottees;
(C) the San Juan Southern Paiute Tribe; and
(D) the United States, acting as trustee for the
Navajo Nation, the Hopi Tribe, the San Juan Southern
Paiute Tribe, Navajo Allottees, and Hopi Allottees;
(2) to authorize, ratify, and confirm the Northeastern
Arizona Indian Water Rights Settlement Agreement entered into
by the Navajo Nation, the Hopi Tribe, the San Juan Southern
Paiute Tribe, the State, and other Parties to the extent that
the Settlement 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
Settlement Agreement and this Act; and
(4) to authorize funds necessary for the implementation of
the Settlement Agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) 1882 reservation.--The term ``1882 Reservation''
means--
(A) land within the exterior boundaries of the
``Hopi Indian Reservation'' defined as District 6 in
Healing v. Jones, 210 F. Supp. 125, 173 (D. Ariz.
1962), aff'd, 373 U.S. 758 (1963), and Masayesva for
and on Behalf of Hopi Indian Tribe v. Hale, 118 F.3d
1371, 1375-76 (9th Cir. 1997); and
(B) all land withdrawn by the Executive order of
December 16, 1882, and partitioned to the Hopi Tribe in
accordance with section 4 of the Act of December 22,
1974 (Public Law 93-531; 88 Stat. 1713), by Judgment of
Partition, February 10, 1977, Sekaquaptewa v.
MacDonald, Case No. CIV-579-PCT-JAW (D. Ariz.), aff'd,
626 F.2d 113 (9th Cir. 1980).
(2) AFY.--The term ``AFY'' means acre-feet per year.
(3) Arizona department of water resources.--The term
``Arizona Department of Water Resources'' means the agency of
the State established pursuant to section 45-102 of the Arizona
Revised Statutes, or a successor agency or entity.
(4) Bureau.--The term ``Bureau'' means the Bureau of
Reclamation.
(5) CAP; central arizona project.--The terms ``CAP'' and
``Central Arizona Project'' mean the Federal reclamation
project authorized and constructed by the United States in
accordance with title III of the Colorado River Basin Project
Act (43 U.S.C. 1521 et seq.).
(6) Cap repayment contract.--The term ``CAP Repayment
Contract'' means--
(A) the contract dated December 1, 1988 (Contract
No. 14-06-W-245, Amendment No. 1), between the United
States and the Central Arizona Water Conservation
District for the delivery of water and the repayment of
costs of the Central Arizona Project; and
(B) any amendment to, or revision of, that
contract.
(7) CAWCD; central arizona water conservation district.--
The terms ``CAWCD'' and ``Central Arizona Water Conservation
District'' mean the political subdivision of the State that is
the contractor under the CAP Repayment Contract.
(8) Cibola water.--The term ``Cibola Water'' means the
entitlement of the Hopi Tribe to the diversion of up to 4,278
AFY of the Fourth Priority Water described in the Hopi Tribe
Existing Cibola Contract.
(9) 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.
(10) Colorado river system.--The term ``Colorado River
System'' has the meaning given the term in Article II(a) of the
Colorado River Compact.
(11) Colorado river water.--
(A) In general.--The term ``Colorado River Water''
means the waters of the Colorado River apportioned for
Use within the State by--
(i) sections 4 and 5 of the Boulder Canyon
Project Act (43 U.S.C. 617c, 617d);
(ii) the Upper Colorado River Basin Compact
of 1948, as ratified and reprinted in article 3
of chapter 7 of title 45, Arizona Revised
Statutes;
(iii) the Colorado River Basin Project Act
(43 U.S.C. 1501 et seq.);
(iv) the contract for delivery of water
between the United States and the State, dated
February 9, 1944; and
(v) the Decree.
(B) Limitations.--The term ``Colorado River
Water''--
(i) shall only be used for purposes of
interpreting the Settlement Agreement and this
Act; and
(ii) shall not be used for any
interpretation of existing law or contract,
including any law or contract described in
clauses (i) through (v) of subparagraph (A).
(12) Decree.--The term ``Decree'', when used without a
modifier, means--
(A) the decree of the Supreme Court of the United
States in Arizona v. California, 376 U.S. 340 (1964);
(B) the consolidated decree entered on March 27,
2006, in Arizona v. California, 547 U.S. 150 (2006);
and
(C) any modification to a decree described in
subparagraph (A) or (B).
(13) Diversion.--The term ``diversion'' means an act to
divert.
(14) Divert.--The term ``divert'' means to receive,
withdraw, develop, produce, or capture water using--
(A) a ditch, canal, flume, bypass, pipeline, pit,
collection or infiltration gallery, conduit, well,
pump, turnout, dam, or any other mechanical device; or
(B) any other human act.
(15) Effective date.--The term ``Effective Date'' means the
date as of which the Settlement Agreement has been executed by
not fewer than 30 of the Parties, including--
(A) the Navajo Nation;
(B) the Hopi Tribe;
(C) the San Juan Southern Paiute Tribe;
(D) the State;
(E) the Arizona State Land Department;
(F) the Central Arizona Water Conservation
District;
(G) the Salt River Project Agricultural Improvement
and Power District; and
(H) the Salt River Valley Water Users' Association.
(16) Effluent.--The term ``Effluent'' means water that--
(A) has been used in the State for domestic,
municipal, or industrial purposes, other than solely
for hydropower generation; and
(B) is available for reuse for any purpose,
regardless of whether the water has been treated to
improve the quality of the water.
(17) Enforceability date.--The term ``Enforceability Date''
means the date described in section 16(a).
(18) Fifth priority water.--The term ``Fifth Priority
Water'' has the meaning given the term in the Hopi Tribe
Existing Cibola Contract.
(19) Fourth priority water.--The term ``Fourth Priority
Water'' means Colorado River Water available for delivery
within the State for satisfaction of entitlements--
(A) in accordance with contracts, Secretarial
reservations, perfected rights, and other arrangements
between the United States and water users in the State
entered into or established after September 30, 1968,
for Use on Federal, State, or privately owned land in
the State, in a total quantity 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.
(20) 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).
(21) 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.
(22) 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 as Exhibit 3.1.47 to the
Settlement Agreement.
(23) Groundwater.--The term ``Groundwater'' means all water
beneath the surface of the earth within the State that is not--
(A) Surface Water;
(B) Colorado River Water; or
(C) Effluent.
(24) Hopi allotment.--The term ``Hopi Allotment'' means any
of the 11 parcels allotted pursuant to section 4 of the Act of
February 8, 1887 (commonly known as the ``Indian General
Allotment Act'') (24 Stat. 389, chapter 119; 25 U.S.C. 334),
that are--
(A) located within the exterior boundaries of the
Hopi Reservation; and
(B) held in trust by the United States for the
benefit of 1 or more individual Indians under allotment
record numbers AR-39, AR-40, AR-41, AR-42, AR-43, AR-
44, AR-45, AR-46, AR-47, AR-48, and AR-49.
(25) Hopi allottee.--The term ``Hopi Allottee'' means--
(A) an individual Indian holding a beneficial
interest in a Hopi Allotment; or
(B) an Indian Tribe holding an undivided fractional
beneficial interest in a Hopi Allotment.
(26) Hopi fee land.--The term ``Hopi Fee Land'' means land,
other than Hopi Trust Land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the Hopi Reservation; and
(C) as of the Enforceability Date, is owned by the
Hopi Tribe in its own name or through an entity wholly
owned or controlled by the Hopi Tribe.
(27) Hopi land.--The term ``Hopi Land'' means--
(A) the Hopi Reservation;
(B) Hopi Trust Land; and
(C) Hopi Fee Land.
(28) Hopi reservation.--
(A) In general.--The term ``Hopi Reservation''
means--
(i) land within the exterior boundaries of
the ``Hopi Indian Reservation'' defined as
District 6 in Healing v. Jones, 210 F. Supp.
125, 173 (D. Ariz. 1962), aff'd, 373 U.S. 758
(1963), and Masayesva for and on Behalf of Hopi
Indian Tribe v. Hale, 118 F.3d 1371, 1375-76
(9th Cir. 1997);
(ii) land withdrawn by the Executive Order
of December 16, 1882, and partitioned to the
Hopi Tribe in accordance with the Act of
December 22, 1974 (Public Law 93-531; 88 Stat.
1713), by Judgment of Partition, February 10,
1977, Sekaquaptewa v. MacDonald, Case No. CIV-
579-PCT-JAW (D. Ariz.), aff'd, 626 F.2d 113
(9th Cir. 1980); and
(iii) land recognized as part of the Hopi
Reservation in Honyoama v. Shirley, Jr., Case
No. CIV 74-842-PHX-EHC (D. Ariz. 2006).
(B) Map.--Subject to subparagraph (C), the
descriptions of the Hopi Reservation described in
clauses (i) through (iii) of subparagraph (A) are
generally shown on the map attached as Exhibit 3.1.56
to the Settlement Agreement.
(C) Conflict.--In the case of a conflict between
the definition in subparagraph (A) and Exhibit 3.1.56
of the Settlement Agreement, the definition in that
subparagraph shall control.
(29) Hopi tribe.--The term ``Hopi Tribe'' means the Hopi
Tribe, a tribe of Hopi Indians--
(A) organized under section 16 of the Act of June
18, 1934 (commonly known as the ``Indian Reorganization
Act'') (48 Stat. 987, chapter 576; 25 U.S.C. 5123); and
(B) recognized by the Secretary in the notice of
the Secretary entitled ``Indian Entities Recognized by
and Eligible To Receive Services From the United States
Bureau of Indian Affairs'' (89 Fed. Reg. 944 (January
8, 2024)).
(30) Hopi tribe agricultural conservation trust fund
account.--The term ``Hopi Tribe Agricultural Conservation Trust
Fund Account'' means the account--
(A) established under to section 11(b)(3); and
(B) described in subparagraph 12.3.3 of the
Settlement Agreement.
(31) Hopi tribe cibola water.--The term ``Hopi Tribe Cibola
Water'' means the Fourth Priority Water, Fifth Priority Water,
and Sixth Priority Water to which the Hopi Tribe is entitled
pursuant to subparagraphs 5.8.2 and 5.8.3 of the Settlement
Agreement.
(32) Hopi tribe existing cibola contract.--The term ``Hopi
Tribe Existing Cibola Contract'' means Contract No. 04-XX-30-
W0432 between the United States and the Hopi Tribe, as amended
and in full force and effect as of the Effective Date.
(33) Hopi tribe groundwater projects.--The term ``Hopi
Tribe Groundwater Projects'' means the projects described in--
(A) section 11(f)(1); and
(B) subparagraph 12.3.1 of the Settlement
Agreement.
(34) Hopi tribe groundwater projects trust fund account.--
The term ``Hopi Tribe Groundwater Projects Trust Fund Account''
means the account--
(A) established under section 11(b)(1); and
(B) described in subparagraph 12.3.1 of the
Settlement Agreement.
(35) Hopi tribe lower basin colorado river water
acquisition trust fund account.--The term ``Hopi Tribe Lower
Basin Colorado River Water Acquisition Trust Fund Account''
means the account--
(A) established under section 11(b)(4); and
(B) described in subparagraph 12.3.4 of the
Settlement Agreement.
(36) Hopi tribe om&r trust fund account.--The term ``Hopi
Tribe OM&R Trust Fund Account'' means the account--
(A) established under section 11(b)(2); and
(B) described in subparagraph 12.3.2 of the
Settlement Agreement.
(37) Hopi tribe upper basin colorado river water.--The term
``Hopi Tribe Upper Basin Colorado River Water'' means the 2,300
AFY of Upper Basin Colorado River Water allocated to the Hopi
Tribe--
(A) pursuant to section 6; and
(B) as provided in subparagraphs 5.7 and 11.1.1 of
the Settlement Agreement.
(38) Hopi tribe water delivery contract.--The term ``Hopi
Tribe Water Delivery Contract'' means 1 or more contracts
entered into by Secretary and the Hopi Tribe in accordance with
section 6 and pursuant to paragraph 11 of the Settlement
Agreement for the delivery of Hopi Tribe Upper Basin Colorado
River Water or Hopi Tribe Cibola Water.
(39) Hopi trust land.--The term ``Hopi Trust Land'' means
land that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the Hopi Reservation; and
(C) as of the Enforceability Date, is held in trust
by the United States for the benefit of the Hopi Tribe.
(40) Iina ba - paa tuwaqat'si pipeline.--The term ``iina ba
- paa tuwaqat'si pipeline'' means the water project described
in--
(A) section 8; and
(B) subparagraph 12.1 of the Settlement Agreement.
(41) Iina ba - paa tuwaqat'si pipeline implementation fund
account.--The term ``iina ba - paa tuwaqat'si pipeline
Implementation Fund Account'' means the account--
(A) established under section 9(a); and
(B) described in subparagraph 12.1.1 of the
Settlement Agreement.
(42) Impoundment.--The term ``impoundment'' means a human-
made structure used to store water.
(43) Injury to water.--The term ``Injury to Water'' means
injury to water based on changes in or degradation of the
salinity or concentration of naturally occurring chemical
constituents contained in water.
(44) Injury to water rights.--
(A) In general.--The term ``Injury to Water
Rights'' means an interference with, diminution of, or
deprivation of Water Rights under Federal, State, or
other law.
(B) Exclusion.--The term ``Injury to Water Rights''
does not include any injury to water quality.
(45) Irrigation.--The term ``irrigation'' means the Use of
water on 2 or more acres of land to produce plants or parts of
plants--
(A) for sale or human consumption; or
(B) as feed for livestock, range livestock, or
poultry.
(46) LCR.--The term ``LCR'' means the Little Colorado
River.
(47) Lcr adjudication.--The term ``LCR Adjudication'' means
the action pending in the Superior Court of the State, in and
for the County of Apache, In re: the General Adjudication of
All Rights to Use Water in the Little Colorado River System and
Source, CIV No. 6417.
(48) Lcr adjudication court.--The term ``LCR Adjudication
Court'' means the Superior Court of the State, in and for the
County of Apache, exercising jurisdiction over the LCR
Adjudication.
(49) Lcr decree.--The term ``LCR Decree'' means the
judgment or decree entered by the LCR Adjudication Court in
substantially the same form as the form of judgment attached as
Exhibit 3.1.82 to the Settlement Agreement.
(50) Lcr watershed.--The term ``LCR Watershed'' means land
located within the Surface Water drainage of the LCR and its
tributaries in the State, as shown on the map attached as
Exhibit 3.1.83 to the Settlement Agreement.
(51) Lower basin.--The term ``Lower Basin'' has the meaning
given the term in Article II(g) of the Colorado River Compact.
(52) Member.--The term ``Member'' means any person duly
enrolled as a member of the Navajo Nation, the Hopi Tribe, or
the San Juan Southern Paiute Tribe.
(53) Navajo allotment.--The term ``Navajo Allotment'' means
a parcel of land patented pursuant to section 1 of the Act of
February 8, 1887 (commonly known as the ``Indian General
Allotment Act'') (24 Stat. 388, chapter 119; 25 U.S.C. 331) (as
in effect on the day before the date of enactment of the Indian
Land Consolidation Act Amendments of 2000 (Public Law 106-462;
114 Stat. 1991))--
(A) originally allotted to an individual identified
in the allotting document as a Navajo Indian;
(B) located within the exterior boundaries of the
Navajo Reservation; and
(C) held in trust by the United States for the
benefit of 1 or more individual Indians.
(54) Navajo allottee.--The term ``Navajo Allottee'' means--
(A) an individual Indian holding a beneficial
interest in a Navajo Allotment; or
(B) an Indian Tribe holding an undivided fractional
beneficial interest in a Navajo Allotment.
(55) Navajo fee land.--The term ``Navajo Fee Land'' means
land, other than Navajo Trust Land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the Navajo Reservation; and
(C) as of the Enforceability Date, is owned by the
Navajo Nation, whether in its own name or through an
entity wholly owned or controlled by the Navajo Nation.
(56) Navajo-gallup water supply project.--The term
``Navajo-Gallup Water Supply Project'' means the project
authorized, constructed, and operated pursuant to part III of
the Northwestern New Mexico Rural Water Projects Act (Public
Law 111-11; 123 Stat. 1379).
(57) Navajo land.--The term ``Navajo Land'' means--
(A) the Navajo Reservation;
(B) Navajo Trust Land; and
(C) Navajo Fee Land.
(58) Navajo nation.--
(A) In general.--The term ``Navajo Nation'' means
the Navajo Nation, a body politic and federally
recognized Indian nation recognized by the Secretary in
the notice of the Secretary entitled ``Indian Entities
Recognized by and Eligible To Receive Services From the
United States Bureau of Indian Affairs'' (89 Fed. Reg.
944 (January 8, 2024)), and also known variously as the
``Navajo Tribe'', the ``Navajo Tribe of Arizona, New
Mexico & Utah'', the ``Navajo Tribe of Indians'', and
other similar names.
(B) Inclusions.--The term ``Navajo Nation''
includes all bands of Navajo Indians and chapters of
the Navajo Nation.
(59) Navajo nation agricultural conservation trust fund
account.--The term ``Navajo Nation Agricultural Conservation
Trust Fund Account'' means the account--
(A) established under section 10(b)(3); and
(B) described in subparagraph 12.2.4 of the
Settlement Agreement.
(60) Navajo nation cibola water.--The term ``Navajo Nation
Cibola Water'' means the entitlement of the Navajo Nation to
the diversion of up to 100 AFY of Fourth Priority Water at the
same location and for the same Uses described in the Hopi Tribe
Existing Cibola Contract or the delivery and consumptive use of
up to 71.5 AFY of Fourth Priority Water at locations and for
Uses within the State other than as described in the Hopi Tribe
Existing Cibola Contract, which shall have been assigned and
transferred by the Hopi Tribe from its Cibola Water under the
Hopi Tribe Existing Cibola Contract to the Navajo Nation.
(61) Navajo nation fourth priority water.--The term
``Navajo Nation Fourth Priority Water'' means the diversion
right to 3,500 AFY of Fourth Priority Water reserved for Use in
a Navajo-Hopi Indian water rights settlement under paragraph
11.3 of the Arizona Water Settlement Agreement among the United
States, the State, and the Central Arizona Water Conservation
District--
(A) as authorized by paragraphs (1) and (2) of
section 106(a) of the Central Arizona Project
Settlement Act of 2004 (Public Law 108-451; 118 Stat.
3492);
(B) as allocated to the Navajo Nation pursuant to
section 6; and
(C) as described in subparagraphs 4.9 and 10.1 of
the Settlement Agreement.
(62) Navajo nation lower basin colorado river water
acquisition trust fund account.--The term ``Navajo Nation Lower
Basin Colorado River Water Acquisition Trust Fund Account''
means the account--
(A) established under section 10(b)(5); and
(B) described in subparagraph 12.2.5 of the
Settlement Agreement.
(63) Navajo nation om&r trust fund account.--The term
``Navajo Nation OM&R Trust Fund Account'' means the account--
(A) established under section 10(b)(2); and
(B) described in subparagraph 12.2.2 of the
Settlement Agreement.
(64) Navajo nation renewable energy trust fund account.--
The term ``Navajo Nation Renewable Energy Trust Fund Account''
means the account--
(A) established under section 10(b)(4); and
(B) described in subparagraph 12.2.3 of the
Settlement Agreement.
(65) Navajo nation upper basin colorado river water.--The
term ``Navajo Nation Upper Basin Colorado River Water'' means
the 44,700 AFY of Upper Basin Colorado River Water--
(A) allocated to the Navajo Nation pursuant to
section 6; and
(B) described in subparagraphs 4.7 and 10.1 of the
Settlement Agreement.
(66) Navajo nation water delivery contract.--The term
``Navajo Nation Water Delivery Contract'' means 1 or more
contracts entered into by the Secretary and the Navajo Nation
in accordance with section 6 and pursuant to paragraph 10 of
the Settlement Agreement for the delivery of Navajo Nation
Upper Basin Colorado River Water, Navajo Nation Cibola Water,
or Navajo Nation Fourth Priority Water.
(67) Navajo nation water projects.--The term ``Navajo
Nation Water Projects'' means the projects described in--
(A) section 10(f)(1); and
(B) subparagraph 12.2.1 of the Settlement
Agreement.
(68) Navajo nation water projects trust fund account.--The
term ``Navajo Nation Water Projects Trust Fund Account'' means
the account--
(A) established under section 10(b)(1); and
(B) described in subparagraph 12.2.1 of the
Settlement Agreement.
(69) Navajo reservation.--
(A) In general.--The term ``Navajo Reservation''
means--
(i) land within the exterior boundaries of
the ``Navajo Indian Reservation'' in the State,
as defined by the Act of June 14, 1934 (48
Stat. 960, chapter 521);
(ii) land withdrawn by the Executive order
of December 16, 1882, and partitioned to the
Navajo Nation in accordance with section 8(b)
of the Act of December 22, 1974 (Public Law 93-
531; 88 Stat. 1715), by Judgment of Partition,
February 10, 1977, Sekaquaptewa v. MacDonald,
Case No. CIV-579-PCT-JAW (D. Ariz.), aff'd, 626
F.2d 113 (9th Cir. 1980);
(iii) land taken into trust as a part of
the Navajo Reservation before the Effective
Date pursuant to the Act of December 22, 1974
(Public Law 93-531; 88 Stat. 1712), a copy of
which is attached as Exhibit 3.1.112B to the
Settlement Agreement; and
(iv) any land taken into trust as part of
the Navajo Reservation after the Effective Date
pursuant to the Act of December 22, 1974
(Public Law 93-531; 88 Stat. 1712), except as
provided in subparagraphs 3.1.12, 3.1.13,
3.1.87, 3.1.170, 4.1.5, 4.1.6, 4.6.1, and 8.1.1
of the Settlement Agreement.
(B) Exclusions.--The term ``Navajo Reservation''
does not include land within the Hopi Reservation or
the San Juan Southern Paiute Reservation.
(C) Map.--Subject to subparagraph (D), the
descriptions of the Navajo Reservation described in
clauses (i) through (iv) of subparagraph (A) are
generally shown on the map attached as Exhibit 3.1.112A
to the Settlement Agreement.
(D) Conflict.--In the case of a conflict between
the definition in subparagraphs (A) and (B) and Exhibit
3.1.112A of the Settlement Agreement, the definition
described in those subparagraphs shall control.
(70) Navajo tribal utility authority.--The term ``Navajo
Tribal Utility Authority'' means the enterprise established by
the Navajo Nation pursuant to chapter 1, section 21 of the
Navajo Nation Code, or a successor agency or entity.
(71) Navajo trust land.--The term ``Navajo Trust Land''
means land that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the Navajo Reservation; and
(C) as of the Enforceability Date, is held in trust
by the United States for the benefit of the Navajo
Nation.
(72) Off-reservation.--The term ``off-Reservation'' means
land located in the State outside the exterior boundaries of--
(A) the Navajo Reservation;
(B) the Hopi Reservation; and
(C) the San Juan Southern Paiute Reservation.
(73) OM&R.--The term ``OM&R'' means operation, maintenance,
and replacement.
(74) Party.--The term ``Party'' mean a Person that is a
signatory to the Settlement Agreement.
(75) 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) any other private organization or
enterprise;
(xi) the United States;
(xii) an Indian Tribe;
(xiii) a State, territory, or country;
(xiv) a governmental entity; and
(xv) any political subdivision or municipal
corporation organized under or subject to the
constitution and laws of the State.
(B) Inclusions.--The term ``Person'' includes the
officers, directors, agents, insurers, representatives,
employees, attorneys, assigns, subsidiaries,
affiliates, enterprises, legal representatives,
predecessors, and successors in interest and their
heirs, of any entity or individual described in
subparagraph (A).
(76) Public domain allotment outside the navajo
reservation.--The term ``Public Domain Allotment outside the
Navajo Reservation'' means any of the 51 parcels of land
allotted to individual Indians from the public domain pursuant
to section 4 of the Act of February 8, 1887 (commonly known as
the ``Indian General Allotment Act'') (24 Stat. 389, chapter
119; 25 U.S.C. 334) that is--
(A) held in trust by the United States for the
benefit of 1 or more individual Indians or Indian
Tribes; and
(B) located outside the exterior boundaries of the
Navajo Reservation and the Hopi Reservation, as
depicted on the map attached as Exhibit 3.1.132A to the
Settlement Agreement.
(77) Public domain allotment within the navajo
reservation.--The term ``Public Domain Allotment within the
Navajo Reservation'' means any land allotted to individual
Indians from the public domain that is--
(A) held in trust by the United States for the
benefit of 1 or more individual Indians or Indian
Tribes;
(B) located within the exterior boundaries of the
Navajo Reservation; and
(C) described in Exhibit 3.1.131 to the Settlement
Agreement.
(78) Public domain allottee.--The term ``Public Domain
Allottee'' means an individual Indian or Indian Tribe holding a
beneficial interest in--
(A) a Public Domain Allotment outside the Navajo
Reservation; or
(B) a Public Domain Allotment within the Navajo
Reservation.
(79) San juan southern paiute fee land.--The term ``San
Juan Southern Paiute Fee Land'' means land, other than San Juan
Southern Paiute Trust Land, that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the San Juan Southern Paiute Reservation; and
(C) as of the Enforceability Date, is owned by the
San Juan Southern Paiute Tribe, whether in its own name
or through an entity wholly owned or controlled by the
San Juan Southern Paiute Tribe.
(80) San juan southern paiute groundwater projects.--The
term ``San Juan Southern Paiute Groundwater Projects'' means
the projects described in--
(A) section 12; and
(B) subparagraph 12.4.1 of the Settlement
Agreement.
(81) San juan southern paiute land.--The term ``San Juan
Southern Paiute Land'' means--
(A) the San Juan Southern Paiute Southern Area;
(B) San Juan Southern Paiute Trust Land; and
(C) San Juan Southern Paiute Fee Land.
(82) San juan southern paiute northern area.--The term
``San Juan Southern Paiute Northern Area'' means the land
depicted on the map attached as Exhibit 3.1.146 to the
Settlement Agreement.
(83) San juan southern paiute reservation.--The term ``San
Juan Southern Paiute Reservation'' means the approximately
5,400 acres of land described in paragraph 6.0 of the
Settlement Agreement as the San Juan Southern Paiute Northern
Area and the San Juan Southern Paiute Southern Area, as
depicted in the maps attached as Exhibits 3.1.146 and 3.1.147
to the Settlement Agreement.
(84) San juan southern paiute tribe agricultural
conservation trust fund account.--The term ``San Juan Southern
Paiute Tribe Agricultural Conservation Trust Fund Account''
means the account--
(A) established under section 12(b)(2); and
(B) described in subparagraph 12.4.3 of the
Settlement Agreement.
(85) San juan southern paiute tribe groundwater projects
trust fund account.--The term ``San Juan Southern Paiute Tribe
Groundwater Projects Trust Fund Account'' means the account--
(A) established under section 12(b)(1); and
(B) described in subparagraph 12.4.1 of the
Settlement Agreement.
(86) San juan southern paiute tribe om&r trust fund
account.--The term ``San Juan Southern Paiute Tribe OM&R Trust
Fund Account'' means the account--
(A) established under section 12(b)(3); and
(B) described in subparagraph 12.4.2 of the
Settlement Agreement.
(87) San juan southern paiute southern area.--The term
``San Juan Southern Paiute Southern Area'' means the land
depicted on the map attached as Exhibit 3.1.147 to the
Settlement Agreement.
(88) San juan southern paiute tribe.--The term ``San Juan
Southern Paiute Tribe'' means the San Juan Southern Paiute
Tribe, a body politic and federally recognized Indian Tribe, as
recognized by the Secretary in the notice of the Secretary
entitled ``Indian Entities Recognized by and Eligible To
Receive Services From the United States Bureau of Indian
Affairs'' (89 Fed. Reg. 944 (January 8, 2024)).
(89) San juan southern paiute trust land.--The term ``San
Juan Southern Paiute Trust Land'' means land that--
(A) is located in the State;
(B) is located outside the exterior boundaries of
the San Juan Southern Paiute Reservation; and
(C) as of the Enforceability Date, is held in trust
by the United States for the benefit of the San Juan
Southern Paiute Tribe.
(90) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(91) Settlement agreement.--The term ``Settlement
Agreement'' means--
(A) the Northeastern Arizona Indian Water Rights
Settlement Agreement dated as of May 9, 2024; and
(B) any exhibits attached to that agreement.
(92) Sixth priority water.--The term ``Sixth Priority
Water'' has the meaning given the term in the Hopi Tribe
Existing Cibola Contract.
(93) State.--The term ``State'' means the State of Arizona.
(94) Surface water.--
(A) In general.--The term ``Surface Water'' means
all water in the State that is appropriable under State
law.
(B) Exclusion.--The term ``Surface Water'' does not
include Colorado River Water.
(95) Treaty.--The term ``Treaty'' means the Articles of
Treaty and Agreement entered into by the Navajo Nation and the
San Juan Southern Paiute Tribe to settle land claims and other
disputes, as executed on March 18, 2000.
(96) Treaty addendum.--The term ``Treaty Addendum'' means
the Addendum to the Treaty entered into by the Navajo Nation
and the San Juan Southern Paiute Tribe on May 7, 2004.
(97) Tribe.--The term ``Tribe'' means, individually, as
applicable--
(A) the Navajo Nation;
(B) the Hopi Tribe; or
(C) the San Juan Southern Paiute Tribe.
(98) Tribes.--The term ``Tribes'' means, collectively--
(A) the Navajo Nation;
(B) the Hopi Tribe; and
(C) the San Juan Southern Paiute Tribe.
(99) Underground water.--
(A) In general.--The term ``Underground Water''
means all water beneath the surface of the earth within
the State, regardless of its legal characterization as
appropriable or non-appropriable under Federal, State,
or other law.
(B) Exclusions.--The term ``Underground Water''
does not include Colorado River Water or Effluent.
(100) United states.--
(A) In general.--The term ``United States'' means
the United States, acting as trustee for the Tribes,
their Members, the Hopi Allottees, and the Navajo
Allottees, except as otherwise expressly provided.
(B) Clarification.--When used in reference to a
particular agreement or contract, the term ``United
States'' means the United States acting in the capacity
as described in that agreement or contract.
(101) Upper basin.--The term ``Upper Basin'' has the
meaning given the term in article II(f) of the Colorado River
Compact.
(102) Upper basin colorado river water.--The term ``Upper
Basin Colorado River Water'' means the 50,000 AFY of
consumptive use of Colorado River Water apportioned to the
State in the Upper Colorado River Basin Compact of 1948, as
ratified and reprinted in article 3 of chapter 7 of title 45,
Arizona Revised Statutes.
(103) Use.--The term ``Use'' means any beneficial use,
including instream flow, recharge, storage, recovery, or any
other use recognized as beneficial under applicable law.
(104) Water.--The term ``water'', when used without a
modifying adjective, means Groundwater, Surface Water, Colorado
River Water, or Effluent.
(105) Water right.--The term ``Water Right'' means any
right in or to Groundwater, Surface Water, Colorado River
Water, or Effluent under Federal, State, or other law.
(106) Well.--The term ``well'' means a human-made opening
in the earth through which Underground Water may be withdrawn
or obtained.
(107) Zuni tribe.--The term ``Zuni Tribe'' means the body
politic and federally recognized Indian Tribe, as recognized by
the Secretary in the notice of the Secretary entitled ``Indian
Entities Recognized by and Eligible To Receive Services From
the United States Bureau of Indian Affairs'' (89 Fed. Reg. 944
(January 8, 2024)).
SEC. 4. RATIFICATION AND EXECUTION OF THE NORTHEASTERN ARIZONA INDIAN
WATER RIGHTS SETTLEMENT AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this Act and to the
extent the Settlement Agreement does not conflict with this
Act, the Settlement Agreement is authorized, ratified, and
confirmed.
(2) Amendments.--If an amendment to the Settlement
Agreement, or to any exhibit attached to the Settlement
Agreement requiring the signature of the Secretary, is executed
in accordance with this Act to make the 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 of Settlement Agreement.--
(1) In general.--To the extent the Settlement Agreement
does not conflict with this Act, the Secretary shall execute
the Settlement Agreement, including all exhibits to the
Settlement Agreement requiring the signature of the Secretary.
(2) Modifications.--Nothing in this Act prohibits the
Secretary from approving any modification to the Settlement
Agreement, including any exhibit to the Settlement Agreement,
that is consistent with this Act, to the extent the
modification does not otherwise require congressional approval
under section 2116 of the Revised Statutes (25 U.S.C. 177) or
any other applicable Federal law.
(c) Environmental Compliance.--
(1) In general.--In implementing the Settlement Agreement
(including all exhibits to the Settlement Agreement requiring
the signature of the Secretary) and this Act, the Secretary
shall comply with all applicable provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(C) all other Federal environmental laws and
regulations.
(2) Compliance.--In implementing the Settlement Agreement
and this Act, but excluding environmental compliance related to
the iina ba - paa tuwaqat'si pipeline, the applicable Tribe
shall prepare any necessary environmental documents consistent
with all applicable provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(C) all other Federal environmental laws and
regulations.
(d) Authorizations.--The Secretary shall--
(1) independently evaluate the documentation submitted
under subsection (c)(2); and
(2) be responsible for the accuracy, scope, and contents of
that documentation.
(e) Effect of Execution.--The execution of the Settlement Agreement
by the Secretary under this section shall not constitute a major
Federal action for purposes of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(f) Costs.--
(1) In general.--Except as provided in paragraph (2), any
costs associated with the performance of the compliance
activities under subsection (c) shall be paid from funds
deposited in the Navajo Nation Water Projects Trust Fund
Account, the Hopi Tribe Groundwater Projects Trust Fund
Account, or the San Juan Southern Paiute Tribe Groundwater
Projects Trust Fund Account, as applicable, subject to the
condition that any costs associated with the performance of
Federal approval or other review of that compliance work or
costs associated with inherently Federal functions shall remain
the responsibility of the Secretary.
(2) Iina ba - paa tuwaqat'si pipeline.--Any costs
associated with the performance of the compliance activities
under subsection (c) relating to the iina ba - paa tuwaqat'si
pipeline shall be paid from funds deposited in the iina ba -
paa tuwaqat'si pipeline Implementation Fund Account.
SEC. 5. WATER RIGHTS.
(a) Confirmation of Water Rights.--
(1) In general.--The Water Rights of the Navajo Nation, the
Hopi Tribe, the San Juan Southern Paiute Tribe, the Navajo
Allottees, and the Hopi Allottees as described in the
Settlement Agreement are ratified, confirmed, and declared to
be valid.
(2) Use.--Any use of water pursuant to the Water Rights
described in paragraph (1) by the Navajo Nation, the Hopi
Tribe, the San Juan Southern Paiute Tribe, the Navajo
Allottees, or the Hopi Allottees shall be subject to the terms
and conditions of the Settlement Agreement and this Act.
(3) Conflict.--In the event of a conflict between the
Settlement Agreement and this Act, this Act shall control.
(b) Intent of Congress.--It is the intent of Congress to provide to
the Navajo Allottees benefits that are equivalent to, or exceed, the
benefits the Navajo Allottees possess on the day before the date of
enactment of this Act, taking into consideration--
(1) the potential risks, cost, and time delay associated
with litigation that would be resolved by the Settlement
Agreement and this Act;
(2) the availability of funding under this Act and from
other sources;
(3) the availability of water from the Water Rights of the
Navajo Nation; and
(4) the applicability of section 7 of the Act of February
8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this
Act to protect the interests of the Navajo Allottees.
(c) Water Rights To Be Held in Trust for the Tribes, the Navajo
Allottees, and the Hopi Allottees.--The United States shall hold the
following Water Rights in trust for the benefit of the Navajo Nation,
the Hopi Tribe, the San Juan Southern Paiute Tribe, the Navajo
Allottees, and the Hopi Allottees:
(1) Navajo nation and the navajo allottees.--The United
States shall hold the following Water Rights in trust for the
benefit of the Navajo Nation and Navajo Allottees:
(A) Underground Water described in subparagraph 4.2
of the Settlement Agreement.
(B) Springs described in subparagraph 4.4 of the
Settlement Agreement.
(C) Little Colorado River tributary water described
in subparagraph 4.5 of the Settlement Agreement.
(D) Little Colorado River Mainstem water described
in subparagraph 4.6 of the Settlement Agreement.
(E) Navajo Nation Upper Basin Colorado River Water
described in subparagraph 4.7 of the Settlement
Agreement.
(F) Navajo Nation Fourth Priority Water described
in subparagraph 4.9 of the Settlement Agreement.
(G) Water Rights appurtenant to or associated with
land held in trust by the United States for the benefit
of the Navajo Nation, as described in subparagraphs
4.12, 4.13, 4.15, and 4.16 of the Settlement Agreement.
(2) Hopi tribe.--The United States shall hold the following
Water Rights in trust for the benefit of the Hopi Tribe:
(A) Underground Water described in subparagraph 5.2
of the Settlement Agreement.
(B) Surface Water described in subparagraph 5.4 of
the Settlement Agreement.
(C) Springs described in subparagraph 5.5 of the
Settlement Agreement.
(D) Hopi Tribe Upper Basin Colorado River Water
described in subparagraph 5.7 of the Settlement
Agreement.
(E) Water Rights appurtenant to or associated with
land held in trust by the United States for the benefit
of the Hopi Tribe, as described in subparagraphs 5.10,
5.11, 5.12, and 5.13 of the Settlement Agreement.
(3) San juan southern paiute tribe.--The United States
shall hold the following Water Rights in trust for the benefit
of the San Juan Southern Paiute Tribe:
(A) Underground Water described in subparagraph
6.2.3 of the Settlement Agreement.
(B) Surface Water described in subparagraph 6.2.4
of the Settlement Agreement.
(C) Springs described in subparagraph 6.2.6 of the
Settlement Agreement.
(D) Water Rights appurtenant to or associated with
land held in trust by the United States for the benefit
of the San Juan Southern Paiute Tribe, as described in
subparagraphs 6.5 and 6.6 of the Settlement Agreement.
(4) Hopi allottees.--The United States shall hold the Water
Rights described in subparagraph 5.9 of the Settlement
Agreement in trust for the benefit of the Hopi Allottees.
(d) Places of Use.--
(1) Navajo nation.--The rights of the Navajo Nation, and
the United States acting as trustee for the Navajo Nation, to
the water described in subparagraphs 4.2, 4.4, 4.5, and 4.6 of
the Settlement Agreement--
(A) may be used anywhere on the Navajo Reservation
or on off-Reservation land held in trust by the United
States for the benefit of the Navajo Nation; but
(B) may not be sold, leased, transferred, or in any
way used off of the Navajo Reservation or off of land
outside the Navajo Reservation that is held in trust by
the United States for the benefit of the Navajo Nation.
(2) Hopi tribe.--The rights of the Hopi Tribe, and the
United States acting as trustee for the Hopi Tribe, to the
water described in subparagraphs 5.2, 5.4, and 5.5 of the
Settlement Agreement--
(A) may be used anywhere on the Hopi Reservation or
on off-Reservation land held in trust by the United
States for the benefit of the Hopi Tribe; but
(B) may not be sold, leased, transferred, or in any
way used off of the Hopi Reservation or off of land
outside the Hopi Reservation that is held in trust by
the United States for the benefit of the Hopi Tribe.
(3) San juan southern paiute tribe.--The rights of the San
Juan Southern Paiute Tribe, and the United States acting as
trustee for the San Juan Southern Paiute Tribe, to the water
described in subparagraphs 6.2.3, 6.2.4, and 6.2.6 of the
Settlement Agreement--
(A) may be used on the San Juan Southern Paiute
Southern Area or on land outside the San Juan Southern
Paiute Southern Area that is held in trust by the
United States for the benefit of the San Juan Southern
Paiute Tribe; but
(B) may not be sold, leased, transferred, or in any
way used off of the San Juan Southern Paiute Southern
Area or off of land outside the San Juan Southern
Paiute Southern Area that is held in trust by the
United States for the benefit of the San Juan Southern
Paiute Tribe.
(e) Nonuse, Forfeiture, and Abandonment.--
(1) Navajo nation and navajo allottees.--Water Rights of
the Navajo Nation and the Navajo Allottees described in
subparagraphs 4.2, 4.4, 4.5, 4.6, 4.7, and 4.9 of the
Settlement Agreement and Water Rights relating to land held in
trust by the United States for the benefit of the Navajo
Nation, as described in subparagraphs 4.12, 4.13, 4.15, and
4.16 of the Settlement Agreement, shall not be subject to loss
by non-use, forfeiture, or abandonment.
(2) Hopi tribe.--Water Rights of the Hopi Tribe described
in subparagraphs 5.2, 5.4, 5.5, and 5.7 of the Settlement
Agreement and Water Rights relating to land held in trust by
the United States for the benefit of the Hopi Tribe, as
described in subparagraphs 5.10, 5.11, 5.12, and 5.13 of the
Settlement Agreement, shall not be subject to loss by non-use,
forfeiture, or abandonment.
(3) San juan southern paiute tribe.--Water Rights of the
San Juan Southern Paiute Tribe described in subparagraphs
6.2.3, 6.2.4, and 6.2.6 of the Settlement Agreement shall not
be subject to loss by non-use, forfeiture, or abandonment.
(4) Hopi allottees.--Water Rights of the Hopi Allottees
described in subparagraph 5.9 of the Settlement Agreement shall
not be subject to loss by non-use, forfeiture, or abandonment.
(f) Navajo Allottees.--
(1) Applicability of the act of february 8, 1887.--Section
7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25
U.S.C. 381), shall apply to the Water Rights described in
subsection (c)(1).
(2) Entitlement to water.--The rights of Navajo Allottees,
and the United States acting as trustee for Navajo Allottees,
to use water on Navajo Allotments located on the Navajo
Reservation shall be satisfied solely from the Water Rights
described in subsection (c)(1).
(3) Allocations.--A Navajo Allottee shall be entitled to a
just and equitable distribution of water for irrigation
purposes.
(4) Claims.--
(A) Exhaustion of remedies.--Before asserting any
claim against the United States under section 7 of the
Act of February 8, 1887 (24 Stat. 390, chapter 119; 25
U.S.C. 381), or any other applicable law, a Navajo
Allottee shall exhaust remedies available under the
Navajo Nation Water Code or other applicable Navajo
law.
(B) Action for relief.--After the exhaustion of all
remedies available under the Navajo Nation Water Code
or other applicable Navajo law pursuant to subparagraph
(A), a Navajo Allottee may seek relief under section 7
of the Act of February 8, 1887 (24 Stat. 390, chapter
119; 25 U.S.C. 381), or other applicable law.
(5) Authority of the secretary.--The Secretary may protect
the rights of Navajo Allottees in accordance with this
subsection.
(g) Navajo Nation Water Code.--To the extent necessary, and subject
to the approval of the Secretary, the Navajo Nation shall amend the
Navajo Nation Water Code to provide--
(1) that Use of water by Navajo Allottees shall be
satisfied with water from the Water Rights described in
subsection (c)(1);
(2) a process by which a Navajo Allottee may request that
the Navajo Nation provide water in accordance with the
Settlement Agreement, including the provision of water under
any Navajo Allottee lease under section 4 of the Act of June
25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403);
(3) a due process system for the consideration and
determination by the Navajo Nation of any request of a Navajo
Allottee (or a successor in interest to a Navajo Allottee) for
an allocation of water on a Navajo Allotment, including a
process for--
(A) appeal and adjudication of any denied or
disputed distribution of water; and
(B) resolution of any contested administrative
decision; and
(4) a requirement that any Navajo Allottee asserting a
claim relating to the enforcement of rights of the Navajo
Allottee under the Navajo Nation Water Code, including to the
quantity of water allocated to land of the Navajo Allottee,
shall exhaust all remedies available to the Navajo Allottee
under Navajo law before initiating an action against the United
States or petitioning the Secretary pursuant to subsection
(f)(4)(B).
(h) Action by the Secretary.--
(1) In general.--During the period beginning on the date of
enactment of this Act and ending on the date on which a Navajo
Nation Water Code is amended pursuant to subsection (g), the
Secretary shall administer, with respect to the rights of the
Navajo Allottees, the Water Rights identified under subsection
(c)(1).
(2) Approval.--The Navajo Nation Water Code amendments
described in subsection (g) shall not be valid unless--
(A) the amendments described in that subsection
have been approved by the Secretary; and
(B) each subsequent amendment to the Navajo Nation
Water Code that affects the rights of a Navajo Allottee
is approved by the Secretary.
(3) Approval period.--
(A) Approval period.--Except as provided in
subparagraph (B), the Secretary shall approve or
disapprove the Navajo Nation Water Code amendments
described in subsection (g) not later than 180 days
after the date on which the amendments are submitted to
the Secretary.
(B) Extension.--The deadline described in
subparagraph (A) may be extended by the Secretary after
consultation with the Navajo Nation.
(i) Effect.--Except as otherwise expressly provided in this
section, nothing in this Act--
(1) authorizes any action by a Navajo Allottee against any
individual or entity, or against the Navajo Nation, under
Federal, State, Tribal, or local law; or
(2) alters or affects the status of any action brought
pursuant to section 1491(a) of title 28, United States Code.
SEC. 6. ALLOCATION AND ASSIGNMENT OF COLORADO RIVER WATER TO THE
TRIBES; WATER DELIVERY CONTRACTS.
(a) Allocation and Assignment to the Navajo Nation and the Hopi
Tribe.--
(1) Allocation and assignment to the navajo nation.--
(A) Navajo nation upper basin colorado river
water.--
(i) State agreement.--Pursuant to
subparagraph 4.7.1 of the Settlement Agreement,
the State has expressly agreed to the
allocation described in clause (ii).
(ii) Allocation.--44,700 AFY of Upper Basin
Colorado River Water is allocated to the Navajo
Nation on the Enforceability Date.
(B) Navajo nation cibola water.--Pursuant to
subparagraph 4.8.2 of the Settlement Agreement, the
State has recommended the assignment of Navajo Nation
Cibola Water by the Hopi Tribe to the Navajo Nation
effective on the Enforceability Date.
(C) Navajo nation fourth priority water.--
(i) State recommendation.--Pursuant to
subparagraph 4.9.1 of the Settlement Agreement,
the State has recommended the allocation
described in clause (ii).
(ii) Allocation.--3,500 AFY of uncontracted
Fourth Priority Water reserved for Use in a
Navajo-Hopi Indian Water Rights settlement
under paragraph 11.3 of the Arizona Water
Settlement Agreement among the United States,
the State, and CAWCD, as authorized by
paragraphs (1) and (2) of section 106(a) of the
Central Arizona Project Settlement Act of 2004
(Public Law 108-451; 118 Stat. 3492), is
allocated to the Navajo Nation on the
Enforceability Date.
(2) Allocation to hopi tribe and amendment to cibola
contract.--
(A) Arizona hopi tribe upper basin colorado river
water.--
(i) State agreement.--Pursuant to
subparagraph 5.7.1 of the Settlement Agreement,
the State has expressly agreed to the
allocation described in clause (ii).
(ii) Allocation.--2,300 AFY of Upper Basin
Colorado River Water is allocated to the Hopi
Tribe on the Enforceability Date.
(B) Hopi tribe cibola water.--Pursuant to
subparagraph 5.8.1 of the Settlement Agreement, the
State has recommended the amendment of the existing
Hopi Tribe Cibola Contract to reduce the Fourth
Priority Water diversion entitlement of the Hopi Tribe
to 4,178 AFY, and to provide for additional Uses and
places of Use of Hopi Tribe Cibola Water, effective on
the Enforceability Date.
(b) Colorado River Water Use and Storage.--
(1) In general.--
(A) Navajo nation upper basin colorado river water
and hopi tribe upper basin colorado river water.--
Navajo Nation Upper Basin Colorado River Water and Hopi
Tribe Upper Basin Colorado River Water may be used at
any location within the State.
(B) Navajo nation cibola water, navajo nation
fourth priority water, and hopi tribe cibola water.--
Navajo Nation Cibola Water, Navajo Nation Fourth
Priority Water, and Hopi Tribe Cibola Water may be used
at any location within the State.
(C) Storage in arizona.--
(i) In general.--Navajo Nation Upper Basin
Colorado River Water, Navajo Nation Cibola
Water, Navajo Nation Fourth Priority Water,
Hopi Tribe Upper Basin Colorado River Water,
and Hopi Tribe Cibola Water may be stored at
underground storage facilities or Groundwater
savings facilities located--
(I) within the Navajo Reservation
in accordance with Navajo law, or State
law if mutually agreed to by the Navajo
Nation and the State;
(II) within the Hopi Reservation in
accordance with Hopi law, or State law
if mutually agreed to by the Hopi Tribe
and the State;
(III) on any other Indian
reservation located in the State in
accordance with applicable law; and
(IV) within the State and outside
of any Indian reservation in accordance
with State law.
(ii) Storage credits.--
(I) In general.--The Navajo Nation
and the Hopi Tribe may assign any long-
term storage credits accrued as a
result of storage under clause (i) in
accordance with applicable law.
(II) Storage pursuant to tribal
law.--Any water stored pursuant to
Tribal law may only be recovered on the
Indian reservation where the water was
stored.
(D) Transportation of water through the cap
system.--The Navajo Nation or the Hopi Tribe may
transport Navajo Nation Upper Basin Colorado River
Water, Navajo Nation Cibola Water, Navajo Nation Fourth
Priority Water, Hopi Tribe Upper Basin Colorado River
Water, and Hopi Tribe Cibola Water through the CAP
system for storage or Use in accordance with all laws
of the United States and the agreements between the
United States and CAWCD governing the Use of the CAP
system to transport water other than CAP Water, subject
to payment of applicable charges.
(2) Storage in new mexico.--
(A) In general.--The Navajo Nation may store its
Navajo Nation Upper Basin Colorado River Water, Navajo
Nation Cibola Water, and Navajo Nation Fourth Priority
Water at the Navajo Reservoir and the Frank Chee
Willetto, Sr. Reservoir in New Mexico, subject to the
condition that the water stored at the Navajo Reservoir
or the Frank Chee Willetto, Sr. Reservoir is
subsequently transported to the State for Use in the
State.
(B) Credit against upper basin colorado river
water.--
(i) In general.--Any storage of Navajo
Nation Upper Basin Colorado River Water in the
Navajo Reservoir or the Frank Chee Willetto,
Sr. Reservoir shall be credited against Upper
Basin Colorado River Water in the year in which
the diversions for storage in the Reservoir
occurs.
(ii) Accounting.--Water described in clause
(i) shall be accounted for and reported by the
Secretary separately from any other water
stored in the Navajo Reservoir or the Frank
Chee Willetto, Sr. Reservoir.
(C) Credit against state apportionment of lower
basin colorado river water.--
(i) In general.--Any storage of Navajo
Nation Cibola Water or Navajo Nation Fourth
Priority Water in the Navajo Reservoir or the
Frank Chee Willetto, Sr. Reservoir shall be
credited against the apportionment of the State
of Lower Basin Colorado River Water in the year
in which the diversion for storage in the
Navajo Reservoir or Frank Chee Willetto, Sr.
Reservoir occurs.
(ii) Accounting.--Water described in clause
(i) shall be accounted for and reported by the
Secretary separately from any other water
stored in the Navajo Reservoir or the Frank
Chee Willetto, Sr. Reservoir.
(3) No use outside arizona.--
(A) Navajo nation.--The Navajo Nation--
(i) may divert its Navajo Nation Upper
Basin Colorado River Water, Navajo Nation
Cibola Water, and Navajo Nation Fourth Priority
Water in the State, New Mexico, and Utah; and
(ii) with the exception of storage in the
Navajo Reservoir and Frank Chee Willetto, Sr.
Reservoir in New Mexico under paragraph (2),
may not use, lease, exchange, forbear, or
otherwise transfer any of the water for Use
directly or indirectly outside of the State.
(B) Hopi tribe.--The Hopi Tribe--
(i) may divert its Hopi Tribe Upper Basin
Colorado River Water and Hopi Tribe Cibola
Water in the State; and
(ii) may not use, lease, exchange, forbear,
or otherwise transfer any of the water
described in clause (i) for Use directly or
indirectly outside of the State.
(4) Storage contract requirements.--
(A) In general.--All contracts to store Navajo
Nation Upper Basin Colorado River Water, Navajo Nation
Cibola Water, Navajo Nation Fourth Priority Water, Hopi
Tribe Upper Basin Colorado River Water or Hopi Tribe
Cibola Water shall identify--
(i) the place of storage of the water;
(ii) the mechanisms for delivery of the
water; and
(iii) each point of diversion under the
applicable contract.
(B) Conflicts.--A contract to store Navajo Nation
Upper Basin Colorado River Water, Navajo Nation Cibola
Water, Navajo Nation Fourth Priority Water, Hopi Tribe
Upper Basin Colorado River Water, or Hopi Tribe Cibola
Water shall not conflict with the Settlement Agreement
or this Act.
(c) Water Delivery Contracts.--The Secretary shall enter into the
following water delivery contracts, which shall be without limit as to
term:
(1) Navajo nation water delivery contracts for navajo
nation upper basin colorado river water.--
(A) In general.--The Secretary shall enter into a
water delivery contract with the Navajo Nation for
Navajo Nation Upper Basin Colorado River Water in
accordance with the Settlement Agreement, which shall
provide for, among other things--
(i) the delivery of up to 44,700 AFY of
Navajo Nation Upper Basin Colorado River Water;
(ii) 1 or more points of diversion in the
State, New Mexico, and Utah;
(iii) 1 or more storage locations at any
place within the State and in the Navajo
Reservoir and the Frank Chee Willetto, Sr.
Reservoir in New Mexico;
(iv) Use at any location within the State;
and
(v) delivery of Navajo Nation Upper Basin
Colorado River Water to the Navajo Nation's
lessees and exchange partners in the Upper
Basin and the Lower Basin within the State.
(B) Existing water service contract.--
(i) In general.--Water Service Contract No.
09-WC-40-318 between the United States and the
Navajo Nation dated December 23, 2009, for the
delivery of up to 950 AFY of water from Lake
Powell to the Navajo Nation for municipal and
industrial Use within the Community of LeChee
shall be replaced with a Navajo Nation Water
Delivery Contract for the delivery of Navajo
Nation Upper Basin Colorado River Water that
complies with subparagraph (A).
(ii) Termination.--As provided in the
Settlement Agreement, on the Enforceability
Date, the water service contract described in
clause (i) shall terminate.
(2) Navajo nation water delivery contract for navajo nation
cibola water.--The Secretary shall enter into a water delivery
contract with the Navajo Nation for the Navajo Nation Cibola
Water in accordance with the Settlement Agreement, which shall
provide for, among other things--
(A)(i) the diversion of up to 100 AFY at the
location and for the same Uses described in the Hopi
Tribe Existing Cibola Contract; or
(ii) delivery and consumptive use of up to 71.5 AFY
at locations and for Uses within the State other than
as described in the Hopi Tribe Existing Cibola
Contract;
(B) 1 or more points of diversion in the State, New
Mexico, and Utah;
(C) storage in any location within the State and in
the Navajo Reservoir and the Frank Chee Willetto, Sr.
Reservoir in New Mexico;
(D) Use at any location within the State;
(E) delivery of Navajo Nation Cibola Water to the
Navajo Nation's lessees and exchange partners in the
Upper Basin and the Lower Basin within the State; and
(F) curtailment as provided in subsection (e).
(3) Navajo nation water delivery contract for navajo nation
fourth priority water.--The Secretary shall enter into a water
delivery contract with the Navajo Nation for Navajo Nation
Fourth Priority Water in accordance with the Settlement
Agreement, which shall provide for, among other things--
(A) delivery of up to 3,500 AFY of Navajo Nation
Fourth Priority Water;
(B) 1 or more points of diversion in the State, New
Mexico, and Utah;
(C) storage in any location within the State and in
the Navajo Reservoir and the Frank Chee Willetto, Sr.
Reservoir in New Mexico;
(D) Use at any location within the State;
(E) delivery of Navajo Nation Fourth Priority Water
to the Navajo Nation's lessees and exchange partners in
the Upper Basin and the Lower Basin within the State;
and
(F) curtailment as provided in subsection (e).
(4) Hopi tribe delivery contracts for hopi tribe upper
basin colorado river water.--The Secretary shall enter into a
water delivery contract with the Hopi Tribe for Hopi Tribe
Upper Basin Colorado River Water in accordance with the
Settlement Agreement, which shall provide for, among other
things--
(A) the delivery of up to 2,300 AFY of Hopi Tribe
Upper Basin Colorado River Water;
(B) 1 or more points of diversion in the State,
including Lake Powell;
(C) 1 or more storage locations at any place within
the State;
(D) Use at any location within the State; and
(E) delivery of Hopi Tribe Upper Basin Colorado
River Water to the Hopi Tribe's lessees and exchange
partners in the Upper Basin and the Lower Basin within
the State.
(5) Hopi tribe water delivery contract for hopi tribe
cibola water.--The Secretary shall enter into a water delivery
contact with the Hopi Tribe for Hopi Tribe Cibola Water in
accordance with the Settlement Agreement, which shall provide
for, among other things--
(A) the delivery of up to 4,178 AFY of Fourth
Priority water, 750 AFY of Fifth Priority Water, and
1,000 AFY of Sixth Priority Water;
(B) 1 or more points of diversion in the State,
including Lake Powell;
(C) storage in any location within the State;
(D) Use at any location within the State,
consistent with subparagraph 5.8.3 of the Settlement
Agreement;
(E) delivery of Hopi Tribe Cibola Water to the Hopi
Tribe's lessees and exchange partners in the Upper
Basin and Lower Basin within the State; and
(F) curtailment as provided in subsection (e).
(d) Requirements and Limitations Applicable to Water Delivery
Contracts.--The Navajo Nation Water Delivery Contracts and Hopi Tribe
Water Delivery Contracts shall be subject to the following requirements
and limitations:
(1) Except for storage by the Navajo Nation at the Navajo
Reservoir and the Frank Chee Willetto, Sr. Reservoir in New
Mexico, a water delivery contract shall not permit the Use of
the water outside of the State.
(2) A water delivery contract shall not, either temporarily
or permanently, alter or reduce the annual Lower Basin
apportionment of the State pursuant to the Boulder Canyon
Project Act (43 U.S.C. 617 et seq.) and the Decree, or annual
Upper Basin apportionment pursuant to the Upper Colorado River
Basin Compact, as ratified and reprinted in article 3 of
chapter 7 of title 45, Arizona Revised Statutes.
(3) Nothing in a water delivery contract shall alter or
impair the rights, authorities, and interests of the State
under the Boulder Canyon Project Act (43 U.S.C. 617 et seq.),
the contract between the United States and the State dated
February 9, 1944, the Upper Colorado River Basin Compact of
1948, as ratified and reprinted in article 3 of chapter 7 of
title 45, Arizona Revised Statutes, or the Decree.
(4) A water delivery contract shall not limit the ability
of the State to seek or advocate changes in the operating
rules, criteria, or guidelines of the Colorado River System as
those rules, criteria, or guidelines apply to the
apportionments of the State from the Upper Basin and the Lower
Basin of the Colorado River.
(5) In the event that a water delivery contract will result
in the delivery of Upper Basin Colorado River Water to the
Lower Basin or Lower Basin Colorado River Water to the Upper
Basin, the Secretary shall confer with the State prior to
executing that water delivery contract with respect to--
(A) the impact of the water deliveries on the
availability of Upper Basin or Lower Basin Colorado
River Water within the State;
(B) the annual accounting conducted by the Bureau
for the water on the Colorado River apportionments of
the State in the Upper Basin and Lower Basin; and
(C) as appropriate, the impact of the water
deliveries on the operations of the Central Arizona
Project.
(6) A water delivery contract shall identify--
(A) the place of Use of the water;
(B) the purpose of the Use of the water during the
term of the contract;
(C) the mechanism for delivery of the water; and
(D) each point of diversion under the contract.
(7) A water delivery contract shall not prejudice the
interests of the State, or serve as precedent against the
State, in any litigation relating to the apportionment,
diversion, storage, or Use of water from the Colorado River
System.
(8) In the case of a conflict between a water delivery
contract and this Act or the Settlement Agreement, this Act or
the Settlement Agreement shall control.
(9) Any material amendment or modification of a water
delivery contract shall comply with, and be subject to, all
requirements and limitations for the water delivery contract,
as described in the Settlement Agreement and this Act.
(10) A water delivery contract shall become effective on
the Enforceability Date and, once effective, shall be permanent
and without limit as to term.
(11) The United States shall waive Colorado River Storage
Project standby charges and delivery charges and annual
administration fees for water delivered pursuant to a water
delivery contract.
(e) Curtailment.--
(1) Navajo nation cibola water and navajo nation fourth
priority water.--Delivery of Navajo Nation Cibola Water and
Navajo Nation Fourth Priority Water, regardless of the point of
diversion, shall be subject to reduction in any year in which a
shortage is declared to the same extent as other non-CAP Fourth
Priority Water.
(2) Other lower basin colorado river water acquired by the
navajo nation.--Any other Lower Basin Colorado River Water that
the Navajo Nation may acquire shall be subject to reduction in
any year in which a shortage is declared in accordance with
criteria applied by the Secretary to water of the same
priority.
(3) Hopi tribe cibola water.--
(A) Fourth priority.--Delivery of Hopi Tribe Cibola
Water of fourth priority, regardless of the point of
diversion, shall be subject to reduction in any year in
which a shortage is declared to the same extent as
other non-CAP Fourth Priority Water.
(B) Fifth priority.--Delivery of Hopi Tribe Cibola
Water of fifth priority, regardless of the point of
diversion, shall be subject to reduction in any year in
which a shortage is declared to the same extent as
other Fifth Priority Water.
(4) Other lower basin colorado river water acquired by the
hopi tribe.--Any other Lower Basin Colorado River Water that
the Hopi Tribe may acquire shall be subject to reduction in any
year in which a shortage is declared in accordance with
criteria applied by the Secretary to water of the same
priority.
(f) Use of the Colorado River Mainstream and San Juan River.--
(1) In general.--The Secretary may use--
(A) the Colorado River mainstream and dams and
works on the mainstream controlled or operated by the
United States, which regulate the flow of water in the
mainstream or the diversion of water from the
mainstream in the Upper Basin or the Lower Basin to
transport and deliver Navajo Nation Upper Basin
Colorado River Water, Hopi Tribe Upper Basin Colorado
River Water, Navajo Nation Cibola Water, Navajo Nation
Fourth Priority Water, and Hopi Tribe Cibola Water; and
(B) the San Juan River and the dams and works
described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of
the Settlement Agreement to transport, store, and
deliver Navajo Nation Upper Basin Colorado River Water,
Navajo Nation Cibola Water, and Navajo Nation Fourth
Priority Water.
(2) Navajo nation upper basin colorado river water; hopi
tribe upper basin colorado river water.--Navajo Nation Upper
Basin Colorado River Water or Hopi Tribe Upper Basin Colorado
River Water that enters the Lower Basin at Lee Ferry shall--
(A) retain its character as Upper Basin Colorado
River Water; and
(B) be accounted for separately by the Secretary in
a manner such that the Navajo Nation Upper Basin
Colorado River Water or the Hopi Tribe Upper Basin
Colorado River Water is not subject to paragraphs II(A)
and II(B) of the Decree.
(3) San juan river.--Navajo Nation Upper Basin Colorado
River Water that enters the San Juan River and the dams and
works described in subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the
Settlement Agreement shall retain its character as Upper Basin
Colorado River Water, but if Navajo Nation Upper Basin Colorado
River Water spills from dams on the San Juan River described in
subparagraphs 4.7.5, 4.8.4, and 4.9.4 of the Settlement
Agreement, that water shall become part of the San Juan River
system.
(g) Acquisitions of Energy.--Amounts of energy needed to deliver
water to the Navajo Nation, the Hopi Tribe, or the San Juan Southern
Paiute Tribe shall be acquired by the Tribes.
(h) Reporting by Navajo Nation and Hopi Tribe.--
(1) Navajo nation.--
(A) In general.--Beginning on March 1 of the first
year following the year in which the Enforceability
Date occurs, and on March 1 of each year thereafter,
the Navajo Nation shall submit to the Arizona
Department of Water Resources a report describing--
(i) the annual diversion amount, point of
diversion, and places of Use of Navajo Nation
Upper Basin Colorado River Water;
(ii) the annual diversion amount, point of
diversion, and places of Use of Navajo Nation
Cibola Water;
(iii) the annual diversion amount, point of
diversion, and places of Use of Navajo Nation
Fourth Priority Water;
(iv) the location and annual amount of any
off-Reservation storage of Navajo Nation Upper
Basin Colorado River Water, Navajo Nation
Cibola Water, and Navajo Nation Fourth Priority
Water;
(v) the amount of an off-Reservation
exchange involving Navajo Nation Upper Basin
Colorado River Water, Navajo Nation Cibola
Water, and Navajo Nation Fourth Priority Water;
and
(vi) the location and annual amount of
Navajo Nation Upper Basin Colorado River Water,
Navajo Nation Cibola Water, and Navajo Nation
Fourth Priority Water leased off-Reservation.
(B) Measurement of diverted water.--
(i) In general.--In order to accurately
measure the flow of water diverted in the Upper
Basin for Use by the Navajo Nation in the
State, the Navajo Nation shall install suitable
measuring devices at or near each point of
diversion of Navajo Nation Upper Basin Colorado
River Water, Navajo Nation Cibola Water, and
Navajo Nation Fourth Priority Water from the
Colorado River's mainstem in the Upper Basin
and the San Juan River in the Upper Basin.
(ii) Notification.--The Navajo Nation shall
notify the Arizona Department of Water
Resources, in writing, of any annual reporting
conflicts between the Bureau, the Navajo
Nation, or the Upper Colorado River Commission
prior to the completion by the Bureau of the
annual ``Colorado River Accounting and Water
Use Report for the Lower Basin''.
(2) Hopi tribe.--
(A) In general.--Beginning on March 1 of the first
year following the year in which the Enforceability
Date occurs, and on March 1 of each year thereafter,
the Hopi Tribe shall submit to the Arizona Department
of Water Resources a report describing--
(i) the annual diversion amount, point of
diversion, and places of Use of Hopi Tribe
Upper Basin Colorado River Water;
(ii) the annual diversion amount, point of
diversion, and places of Use of Hopi Tribe
Cibola Water;
(iii) the location and annual amount of any
off-Reservation storage of Hopi Tribe Upper
Basin Colorado River Water and Hopi Tribe
Cibola Water;
(iv) the amount of an off-Reservation
exchange involving Hopi Tribe Upper Basin
Colorado River Water or Hopi Tribe Cibola
Water; and
(v) the location and annual amount of Hopi
Tribe Upper Basin Colorado River Water and Hopi
Tribe Cibola Water leased off-Reservation.
(B) Measurement of diverted water.--
(i) In general.--In order to accurately
measure the flow of water diverted in the Upper
Basin for Use by the Hopi Tribe in the State,
the Hopi Tribe shall install suitable measuring
devices at or near each point of diversion of
Hopi Tribe Upper Basin Colorado River Water and
Hopi Tribe Cibola Water from the Colorado
River's mainstem in the Upper Basin.
(ii) Notification.--The Hopi Tribe shall
notify the Arizona Department of Water
Resources, in writing, of any annual reporting
conflicts between the Bureau, the Hopi Tribe,
or the Upper Colorado River Commission prior to
the completion by the Bureau of the annual
``Colorado River Accounting and Water Use
Report for the Lower Basin''.
SEC. 7. COLORADO RIVER WATER LEASES AND EXCHANGES; USES.
(a) In General.--Subject to approval by the Secretary--
(1) the Navajo Nation may enter into leases, or options to
lease, or exchanges, or options to exchange, Navajo Nation
Upper Basin Colorado River Water, Navajo Nation Cibola Water,
and Navajo Nation Fourth Priority Water, for Use and storage in
the State, in accordance with the Settlement Agreement and all
applicable Federal and State laws governing the transfer of
Colorado River Water entitlements within the State; and
(2) the Hopi Tribe may enter into leases, or options to
lease, or exchanges, or options to exchange, Hopi Tribe Upper
Basin Colorado River Water and Hopi Tribe Cibola Water for Use
and storage in the State, in accordance with the Settlement
Agreement and all applicable Federal and State laws governing
the transfer of Colorado River Water entitlements within the
State.
(b) Terms of Leases and Exchanges.--
(1) On-reservation leasing.--
(A) In general.--The Navajo Nation may lease the
Navajo Nation Upper Basin Colorado River Water, the
Navajo Nation Cibola Water, and the Navajo Nation
Fourth Priority Water for Use or storage on the Navajo
Reservation and the Hopi Tribe may lease Hopi Tribe
Upper Basin Colorado River Water and Hopi Tribe Cibola
Water for Use or storage on the Hopi Reservation.
(B) Requirements.--A lease or option to lease under
subparagraph (A) shall be subject to--
(i) the leasing regulations of the Navajo
Nation or Hopi Tribe, as applicable; and
(ii) subsections (a) and (e) of the first
section of the Act of August 9, 1955 (69 Stat.
539, chapter 615; 25 U.S.C. 415) (commonly
known as the ``Long-Term Leasing Act'').
(2) Exchanges and off-reservation leasing.--
(A) Navajo nation leasing.--Subject to approval by
the Secretary for an off-Reservation lease, the Navajo
Nation may lease Navajo Nation Upper Basin Colorado
River Water, Navajo Nation Cibola Water, and Navajo
Nation Fourth Priority Water for Use or storage off of
the Navajo Reservation anywhere within the State, in
accordance with the Settlement Agreement and all
applicable Federal and State laws governing the
transfer of Colorado River Water within the State.
(B) Hopi tribe leasing.--Subject to approval by the
Secretary for an off-Reservation lease, the Hopi Tribe
may lease Hopi Tribe Upper Basin Colorado River Water
and Hopi Tribe Cibola Water for Use or storage off of
the Hopi Reservation anywhere within the State, in
accordance with the Settlement Agreement and all
applicable Federal and State laws governing the
transfer of Colorado River Water within the State.
(C) Term of leases and exchanges.--
(i) Leases.--A contract to lease and an
option to lease off of the Reservation under
subparagraph (A) or (B), as applicable, shall
be for a term not to exceed 100 years.
(ii) Exchanges.--An exchange or option to
exchange shall be for the term provided for in
the exchange or option, as applicable.
(D) Renegotiation; renewal.--The Navajo Nation and
the Hopi Tribe may, with the approval of the Secretary,
renegotiate any lease described in subparagraph (A) or
(B), as applicable, at any time during the term of that
lease, subject to the condition that the term of the
renegotiated lease off of the Reservation may not
exceed 100 years.
(3) Requirements for all contracts to lease and contracts
to exchange.--All contracts to lease or exchange Navajo Nation
Upper Basin Colorado River Water, Navajo Nation Cibola Water,
Navajo Nation Fourth Priority Water, Hopi Tribe Upper Colorado
River Water, and Hopi Tribe Cibola Water shall--
(A) identify the places of Use of the water, the
purpose of the Uses of the water during the term of the
contract, the mechanisms for delivery of the water, and
each point of diversion under the contract; and
(B) provide that the water received from the Navajo
Nation or the Hopi Tribe, as applicable, shall be used
in accordance with applicable law.
(4) No conflict with settlement agreement or this act.--A
contract to lease or exchange Navajo Nation Upper Basin
Colorado River Water, Navajo Nation Cibola Water, Navajo Nation
Fourth Priority Water, Hopi Tribe Upper Basin Colorado River
Water, or Hopi Tribe Cibola Water shall not conflict with the
Settlement Agreement or this Act.
(c) Prohibition on Permanent Alienation.--No Navajo Nation Upper
Basin Colorado River Water, Navajo Nation Cibola Water, Navajo Nation
Fourth Priority Water, Hopi Tribe Upper Basin Colorado River Water, or
Hopi Tribe Cibola Water may be permanently alienated.
(d) Entitlement to Lease and Exchange Monies.--
(1) Entitlement.--The Navajo Nation or the Hopi Tribe, as
applicable, shall be entitled to all consideration due to the
Navajo Nation or Hopi Tribe under any lease, option to lease,
exchange, or option to exchange Navajo Nation Upper Basin
Colorado River Water, Navajo Nation Cibola Water, Navajo Nation
Fourth Priority Water, Hopi Tribe Upper Basin Colorado River
Water, or Hopi Tribe Cibola Water entered into by the Navajo
Nation or the Hopi Tribe.
(2) Exclusion.--The United States shall not, in any
capacity, be entitled to the consideration described in
paragraph (1).
(3) Obligation of the 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 Navajo Nation or the Hopi Tribe as
consideration under any lease, option to lease, exchange, or
option to exchange Navajo Nation Upper Basin Colorado River
Water, Navajo Nation Cibola Water, Navajo Nation Fourth
Priority Water, Hopi Tribe Upper Basin Colorado River Water,
and Hopi Tribe Cibola Water entered into by the Navajo Nation
or the Hopi Tribe.
(e) Delivery of Colorado River Water to Lessees.--All lessees of
Navajo Nation Upper Basin Colorado River Water, Navajo Nation Cibola
Water, Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin
Colorado River Water, and Hopi Tribe Cibola Water shall pay all OM&R
charges, all energy charges, and all other applicable charges
associated with the delivery of the leased water.
(f) Delivery of Colorado River Water Through the CAP System.--
(1) Cawcd approval.--The Navajo Nation, the Hopi Tribe, or
any person who leases Navajo Nation Upper Basin Colorado River
Water, Navajo Nation Cibola Water, Navajo Nation Fourth
Priority Water, Hopi Tribe Upper Basin Colorado River Water,
and Hopi Tribe Cibola Water under subsection (a) may transport
that Navajo Nation Upper Basin Colorado River Water, Navajo
Nation Cibola Water, Navajo Nation Fourth Priority Water, Hopi
Tribe Upper Basin Colorado River Water, or Hopi Tribe Cibola
Water, as applicable, through the CAP system in accordance with
all laws of the United States and the agreements between the
United States and CAWCD governing the use of the CAP system to
transport water other than CAP water, and other applicable
charges.
(2) Lessee responsibility for charges.--Any lease or option
to lease providing for the temporary delivery of Navajo Nation
Upper Basin Colorado River Water, Navajo Nation Cibola Water,
Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin
Colorado River Water, and Hopi Tribe Cibola Water through the
CAP system 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, and
other applicable charges.
(3) No responsibility for payment.--The Navajo Nation, the
Hopi Tribe, and the United States acting in any capacity shall
not be responsible for the payment of any charges associated
with the delivery of Colorado River Water leased to others.
(4) Payment in advance.--No leased Navajo Nation Upper
Basin Colorado River Water, Navajo Nation Cibola Water, Navajo
Nation Fourth Priority Water, Hopi Tribe Upper Basin Colorado
River Water, or Hopi Tribe Cibola Water shall be delivered
through the CAP system unless the CAP fixed OM&R charges, the
CAP pumping energy charges, and other applicable charges
associated with the delivery of that Navajo Nation Upper Basin
Colorado River Water, Navajo Nation Cibola Water, Navajo Nation
Fourth Priority Water, Hopi Tribe Upper Basin Colorado River
Water, or Hopi Tribe Cibola Water, as applicable, have been
paid in advance.
(5) Calculation.--The charges for delivery of Navajo Nation
Upper Basin Colorado River Water, Navajo Nation Cibola Water,
Navajo Nation Fourth Priority Water, Hopi Tribe Upper Basin
Colorado River Water, and Hopi Tribe Cibola Water delivered
through the CAP system pursuant to a lease shall be calculated
in accordance with the agreements between the United States and
CAWCD governing the use of the CAP system to transport water
other than CAP water.
SEC. 8. IINA BA - PAA TUWAQAT'SI PIPELINE.
(a) Iina ba - Paa Tuwaqat'si Pipeline.--
(1) Planning, design, and construction of the iina ba - paa
tuwaqat'si pipeline.--
(A) In general.--The Secretary, acting through the
Commissioner of Reclamation, shall plan, design, and
construct the iina ba - paa tuwaqat'si pipeline.
(B) Project construction committee.--As provided in
subparagraph 12.1.4 of the Settlement Agreement, the
Secretary shall form a Project Construction Committee,
which shall include the Navajo Nation, the Hopi Tribe,
and the San Juan Southern Paiute Tribe, for purposes of
planning and designing the iina ba - paa tuwaqat'si
pipeline to provide water delivery to the Navajo
Reservation, the Hopi Reservation, and the San Juan
Southern Paiute Southern Area.
(C) Design.--The iina ba - paa tuwaqat'si pipeline
shall be substantially configured as Alternative 5,
Option B-100 described in the report of the Bureau
entitled ``Navajo-Hopi Value Planning Study--Arizona''
and dated October 2020.
(D) Existing components.--The iina ba - paa
tuwaqat'si pipeline may include components that have
already been built or acquired by the Navajo Nation or
the Hopi Tribe as a contribution by the Navajo Nation
or the Hopi Tribe towards the cost of planning,
designing, and constructing the pipeline.
(E) Use of pipeline.--The iina ba - paa tuwaqat'si
pipeline shall deliver potable water for domestic,
commercial, municipal, and industrial Uses and be
capable of delivering from Lake Powell--
(i) up to 7,100 AFY of potable Colorado
River Water to the Navajo Nation for Use in
delivering up to 6,750 AFY to serve Navajo
communities and up to 350 AFY to serve the San
Juan Southern Paiute Southern Area; and
(ii) up to 3,076 AFY of potable Colorado
River Water to the Hopi Tribe for Use in
delivering up to 3,076 AFY to serve Hopi
communities.
(F) Commencement of construction.--Construction of
the iina ba - paa tuwaqat'si pipeline shall commence
after environmental compliance, design, construction
phasing, cost estimating, and value engineering have
occurred and the phasing of construction has been
agreed by the Secretary, the Navajo Nation, and the
Hopi Tribe, with the Secretary deciding on phasing if
an agreement is not reached.
(2) Ownership.--
(A) In general.--The iina ba - paa tuwaqat'si
pipeline shall be owned by the United States during
construction of the iina ba - paa tuwaqat'si pipeline.
(B) Transfer of ownership.--On substantial
completion of all or a phase of the iina ba - paa
tuwaqat'si pipeline, in accordance with paragraph (3),
the Secretary shall--
(i) transfer title to the applicable
section of the iina ba - paa tuwaqat'si
pipeline on the Navajo Reservation, except that
section that lies on the Navajo Reservation
between Moenkopi and the boundary of the 1882
Reservation, to the Navajo Nation; and
(ii) transfer title to the applicable
section of the iina ba - paa tuwaqat'si
pipeline on the Hopi Reservation, and the
section of the iina ba - paa tuwaqat'si
pipeline that lies on the Navajo Reservation
between Moenkopi and the boundary of the 1882
Reservation and the right-of-way for that
section of the iina ba - paa tuwaqat'si
pipeline, to the Hopi Tribe.
(3) Substantial completion.--
(A) In general.--The Secretary shall determine that
the iina ba - paa tuwaqat'si pipeline or a phase of the
iina ba - paa tuwaqat'si pipeline is substantially
complete after consultation with the Navajo Nation and
the Hopi Tribe.
(B) Substantial completion described.--Substantial
completion of the iina ba - paa tuwaqat'si pipeline
project or a phase of the iina ba - paa tuwaqat'si
pipeline project occurs when the infrastructure
constructed is capable of storing, diverting, treating,
transmitting, and distributing a supply of water as set
forth in the final project design described in
subsection (a)(1)(C).
(4) Operation.--
(A) Project operation committee.--The Secretary
shall form a Project Operation Committee, which shall
include the Navajo Nation and the Hopi Tribe--
(i) to develop a project operations
agreement to be executed by the Navajo Nation,
the Hopi Tribe, and the Secretary prior to
substantial completion of any phase of the iina
ba - paa tuwaqat'si pipeline that will provide
water to the Navajo Nation and the Hopi Tribe;
and
(ii) to describe all terms and conditions
necessary for long-term operations of the iina
ba - paa tuwaqat'si pipeline, including--
(I) distribution of water;
(II) responsibility for maintenance
of the iina ba - paa tuwaqat'si
pipeline or section of the iina ba -
paa tuwaqat'si pipeline;
(III) the allocation and payment of
annual OM&R costs of the iina ba - paa
tuwaqat'si pipeline or section of the
iina ba - paa tuwaqat'si pipeline based
on the proportionate uses and ownership
of the iina ba - paa tuwaqat'si
pipeline; and
(IV) a right to sue in a district
court of the United States to enforce
the project operations agreement.
(B) Navajo tribe operation.--The Navajo Nation
shall operate the section of the iina ba - paa
tuwaqat'si pipeline that delivers water to the Navajo
communities, other than Coal Mine Mesa, and that may
deliver water through the iina ba - paa tuwaqat'si
pipeline to the San Juan Southern Paiute Tribe.
(C) Hopi tribe operation.--The Hopi Tribe shall
operate the section of the iina ba - paa tuwaqat'si
pipeline that delivers water to Moenkopi, the 1882
Reservation, and the Navajo community of Coal Mine
Mesa.
(b) Tribal Easements and Rights-of-way.--
(1) In general.--In partial consideration for the funding
provided under section 13, the Navajo Nation, the Hopi Tribe,
and the San Juan Southern Paiute Tribe shall each timely
consent to the grant of rights-of-way as described in, and in
accordance with, subparagraphs 12.5.1, 12.5.2, and 12.5.3 of
the Settlement Agreement.
(2) Legal devices.--With the consent of each affected
Tribe, the Secretary may enter into legal devices, other than
rights-of-way, such as construction corridors, when operating
within the jurisdiction of the Navajo Nation, Hopi Tribe, or
San Juan Southern Paiute Tribe in furtherance of the planning,
design, and construction of the iina ba - paa tuwaqat'si
pipeline.
(3) Authorization and granting of rights-of-way.--The
Secretary shall grant the rights-of-way consented to by the
Tribes under paragraph (1).
SEC. 9. IINA BA - PAA TUWAQAT'SI PIPELINE IMPLEMENTATION FUND ACCOUNT.
(a) Establishment.--The Secretary shall establish a non-trust,
interest-bearing account, to be known as the ``iina ba - paa tuwaqat'si
pipeline Implementation Fund Account'', to be managed and distributed
by the Secretary, for use by the Secretary in carrying out this Act.
(b) Deposits.--The Secretary shall deposit in the iina ba - paa
tuwaqat'si pipeline Implementation Fund Account the amounts made
available pursuant to section 13(a)(1).
(c) Uses.--The iina ba - paa tuwaqat'si pipeline Implementation
Fund Account shall be used by the Secretary to carry out section 8.
(d) Interest.--In addition the amounts deposited in the iina ba -
paa tuwaqat'si pipeline Implementation Fund Account under subsection
(b), any investment earnings, including interest credited to amounts
unexpended in the iina ba - paa tuwaqat'si pipeline Implementation Fund
Account, are authorized to be appropriated to be used in accordance
with the uses described in subsection (c).
SEC. 10. NAVAJO NATION WATER SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust fund for
the Navajo Nation, to be known as the ``Navajo Nation Water Settlement
Trust Fund,'' to be managed, invested, and distributed by the Secretary
and to remain available until expended, withdrawn, or reverted to the
general fund of the Treasury, consisting of the amounts deposited in
the Navajo Nation Water Settlement Trust Fund under subsection (c),
together with any investment earnings, including interest, earned on
those amounts, for the purpose of carrying out this Act.
(b) Accounts.--The Secretary shall establish in the Navajo Nation
Water Settlement Trust Fund the following accounts:
(1) The Navajo Nation Water Projects Trust Fund Account.
(2) The Navajo Nation OM&R Trust Fund Account.
(3) The Navajo Nation Agricultural Conservation Trust Fund
Account.
(4) The Navajo Nation Renewable Energy Trust Fund Account.
(5) The Navajo Nation Lower Basin Colorado River Water
Acquisition Trust Fund Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Navajo Nation Water Projects Trust Fund Account,
the amounts made available pursuant to subparagraph (A)(i) of
section 13(b)(3);
(2) in the Navajo Nation OM&R Trust Fund Account, the
amounts made available pursuant to subparagraph (A)(ii) of that
section;
(3) in the Navajo Nation Agricultural Conservation Trust
Fund Account, the amounts made available pursuant to
subparagraph (A)(iii) of that section;
(4) in the Navajo Nation Renewable Energy Trust Fund
Account, the amounts made available pursuant to subparagraph
(A)(iv) of that section; and
(5) in the Navajo Nation Lower Basin Colorado River Water
Acquisition Trust Fund Account, the amounts made available
pursuant to subparagraph (A)(v) of that section.
(d) Management and Interest.--
(1) Management.--On receipt and deposit of the funds into
the accounts in the Navajo Nation Water Settlement Trust Fund
Accounts pursuant to subsection (c), the Secretary shall
manage, invest, and distribute all amounts in the Navajo Nation
Water Settlement Trust Fund in a manner that is consistent with
the investment authority of the Secretary under--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the deposits made
to the Navajo Nation Water Settlement Trust Fund under
subsection (c), any investment earnings, including interest,
credited to amounts held in the Navajo Nation Water Settlement
Trust Fund are authorized to be appropriated to be used in
accordance with subsection (f).
(e) Withdrawals.--
(1) American indian trust fund management reform act of
1994.--
(A) In general.--The Navajo Nation may withdraw any
portion of the amounts in the Navajo Nation Water
Settlement Trust Fund on approval by the Secretary of a
Tribal management plan submitted by the Navajo Nation
in accordance with the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
management plan under this paragraph shall require that
the Navajo Nation spend all amounts withdrawn from the
Navajo Nation Water Settlement Trust Fund, and any
investment earnings accrued through the investments
under the Tribal management plan, in accordance with
this Act.
(C) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary--
(i) to enforce a Tribal management plan;
and
(ii) to ensure that amounts withdrawn from
the Navajo Nation Water Settlement Trust Fund
by the Navajo Nation under this paragraph are
used in accordance with this Act.
(2) Expenditure plan.--
(A) In general.--The Navajo Nation may submit to
the Secretary a request to withdraw funds from the
Navajo Nation Water Settlement Trust Fund pursuant to
an approved expenditure plan.
(B) Requirements.--To be eligible to withdraw funds
under an expenditure plan under this paragraph, the
Navajo Nation shall submit to the Secretary for
approval an expenditure plan for any portion of the
Navajo Nation Water Settlement Trust Fund that the
Navajo Nation elects to withdraw pursuant to this
paragraph, subject to the condition that the funds
shall be used for the purposes described in this Act.
(C) Inclusions.--An expenditure plan under this
paragraph shall include a description of the manner and
purpose for which the amounts proposed to be withdrawn
from the Navajo Nation Water Settlement Trust Fund
Accounts will be used by the Navajo Nation in
accordance with subsection (f).
(D) Approval.--On receipt of an expenditure plan
under this paragraph, the Secretary shall approve the
expenditure plan if the Secretary determines that the
expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
for, the purposes of this Act.
(E) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce an expenditure
plan under this paragraph to ensure that amounts
disbursed under this paragraph are used in accordance
with this Act.
(f) Uses.--Amounts from the Navajo Nation Water Settlement Trust
Fund shall be used by the Navajo Nation for the following purposes:
(1) Navajo nation water projects trust fund account.--
Amounts in the Navajo Nation Water Projects Trust Fund Account
may only be used for the purpose of environmental compliance,
planning, engineering activities, and construction of projects
designed to deliver potable water to communities, such as
Leupp, Dilkon, Ganado, Black Mesa, Sweetwater, Chinle, Lupton/
Nahata Dziil Area, Kayenta, and Oljato.
(2) Navajo nation om&r trust fund account.--Amounts in the
Navajo Nation OM&R Trust Fund Account may only be used to pay
OM&R costs of the Navajo Water projects described in paragraph
(1) and the iina ba - paa tuwaqat'si pipeline project.
(3) Navajo nation agricultural conservation trust fund
account.--
(A) In general.--Subject to subparagraph (B),
amounts in the Navajo Nation Agricultural Conservation
Trust Fund Account may only be used to pay the costs of
improvements to reduce water shortages on the
historically irrigated land of the Navajo Nation,
including sprinklers, drip or other efficient
irrigation systems, land leveling, wells, pipelines,
pumps and storage, stream bank stabilization and
restoration, pasture seeding and management, fencing,
wind breaks, and alluvial wells.
(B) Limitation.--Not more than half of the amounts
in the Navajo Nation Agricultural Conservation Trust
Fund Account may be used for replacement and
development of livestock wells and impoundments on the
Navajo Reservation and Navajo Trust Land.
(4) Navajo nation renewable energy trust fund account.--
Amounts in the Navajo Nation Renewable Energy Trust Fund
Account may only be used to pay the cost of planning,
designing, and constructing renewable energy facilities to
support the costs of operating the Navajo Nation Water projects
and the iina ba - paa tuwaqat'si pipeline.
(5) Navajo nation lower basin colorado river water
acquisition trust fund account.--Amounts in the Navajo Nation
Lower Basin Colorado River Water Acquisition Trust Fund Account
may only be used to purchase land within the State and
associated Lower Basin Colorado River Water Rights.
(g) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure or investment of any amounts
withdrawn from the Navajo Nation Water Settlement Trust Fund by the
Navajo Nation pursuant to subsection (e).
(h) Title to Infrastructure.--Title to, control over, and operation
of any project constructed using funds from the Navajo Nation Water
Settlement Trust Fund shall remain in the Navajo Nation.
(i) Account Transfers.--If the activities described in any of
paragraphs (1) through (5) of subsection (f) are complete and amounts
remain in the applicable Trust Fund Account described in those
paragraphs, the Secretary, at the request of the Navajo Nation, shall
transfer the remaining amounts to one of the other accounts within the
Navajo Nation Water Settlement Trust Fund.
(j) Contributions to the Iina ba - Paa Tuwaqat'si Pipeline.--In its
sole discretion, the Navajo Nation may use amounts in the Navajo Nation
Water Settlement Trust Fund to supplement funds in the iina ba - paa
tuwaqat'si pipeline Implementation Fund Account.
(k) Annual Report.--The Navajo Nation shall submit to the Secretary
an annual expenditure report describing accomplishments and amounts
spent from use of withdrawals under a Tribal management plan approved
under paragraph (1) of subsection (e) or an expenditure plan approved
under paragraph (2) of that subsection.
(l) No Per Capita Payments.--No principal or interest amount in any
account established by this section shall be distributed to any member
of the Navajo Nation on a per capita basis.
(m) Effect.--Nothing in this section entitles the Navajo Nation to
judicial review of a determination of the Secretary relating to whether
to approve a Tribal management plan under paragraph (1) of subsection
(e) or an expenditure plan under paragraph (2) of that subsection,
except as provided under subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the ``Administrative
Procedure Act'').
SEC. 11. HOPI TRIBE SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust fund for
the Hopi Tribe, to be known as the ``Hopi Tribe Water Settlement Trust
Fund'', to be managed, invested, and distributed by the Secretary and
to remain available until expended, withdrawn, or reverted to the
general fund of the Treasury, consisting of the amounts deposited in
the Hopi Tribe Water Settlement Trust Fund under subsection (c),
together with any investment earnings, including interest, earned on
those amounts, for the purpose of carrying out this Act.
(b) Accounts.--The Secretary shall establish in the Hopi Tribe
Water Settlement Trust Fund the following accounts:
(1) The Hopi Tribe Groundwater Projects Trust Fund Account.
(2) The Hopi Tribe OM&R Trust Fund Account.
(3) The Hopi Tribe Agricultural Conservation Trust Fund
Account.
(4) The Hopi Tribe Lower Basin Colorado River Water
Acquisition Trust Fund Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Hopi Tribe Groundwater Projects Trust Fund
Account, the amounts made available pursuant to clause (i) of
section 13(b)(3)(B);
(2) in the Hopi Tribe OM&R Trust Fund Account, the amounts
made available pursuant to clause (ii) of that section;
(3) in the Hopi Tribe Agricultural Conservation Trust Fund
Account, the amounts made available pursuant to clause (iii) of
that section; and
(4) in the Hopi Tribe Lower Basin Colorado River Water
Acquisition Trust Fund Account, the amounts made available
pursuant to clause (iv) of that section.
(d) Management and Interest.--
(1) Management.--On receipt and deposit of the funds into
the accounts in the Hopi Tribe Water Settlement Trust Fund
pursuant to subsection (c), the Secretary shall manage, invest,
and distribute all amounts in the Trust Fund in a manner that
is consistent with the investment authority of the Secretary
under--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the deposits made
to the Hopi Tribe Water Settlement Trust Fund under subsection
(c), any investment earnings, including interest, credited to
amounts held in accounts of the Hopi Tribe Water Settlement
Trust Fund are authorized to be appropriated to be used in
accordance with subsection (f).
(e) Withdrawals.--
(1) American indian trust fund management reform act of
1994.--
(A) In general.--The Hopi Tribe may withdraw any
portion of the amounts in the Hopi Tribe Water
Settlement Trust Fund on approval by the Secretary of a
Tribal management plan submitted by the Hopi Tribe in
accordance with the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
management plan under this paragraph shall require that
the Hopi Tribe spend all amounts withdrawn from the
Hopi Tribe Water Settlement Trust Fund Accounts, and
any investment earnings accrued through the investments
under the Tribal management plan, in accordance with
this Act.
(C) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary--
(i) to enforce a Tribal management plan;
and
(ii) to ensure that amounts withdrawn from
the Hopi Tribe Water Settlement Trust Fund by
the Hopi Tribe under this paragraph are used in
accordance with this Act.
(2) Expenditure plan.--
(A) In general.--The Hopi Tribe may submit to the
Secretary a request to withdraw funds from the Hopi
Tribe Water Settlement Trust Fund pursuant to an
approved expenditure plan.
(B) Requirements.--To be eligible to withdraw funds
under an expenditure plan under this paragraph, the
Hopi Tribe shall submit to the Secretary for approval
an expenditure plan for any portion of the Hopi Tribe
Water Settlement Trust Fund that the Hopi Tribe elects
to withdraw pursuant to this paragraph, subject to the
condition that the funds shall be used for the purposes
described in this Act.
(C) Inclusions.--An expenditure plan under this
paragraph shall include a description of the manner and
purpose for which the amounts proposed to be withdrawn
from the Hopi Tribe Water Settlement Trust Fund
Accounts will be used by the Hopi Tribe in accordance
with subsection (f).
(D) Approval.--On receipt of an expenditure plan
under this paragraph, the Secretary shall approve the
expenditure plan if the Secretary determines that the
expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
for, the purposes of this Act.
(E) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce an expenditure
plan under this paragraph to ensure that amounts
disbursed under this paragraph are used in accordance
with this Act.
(f) Uses.--Amounts from the Hopi Tribe Water Settlement Trust Fund
shall be used by the Hopi Tribe for the following purposes:
(1) The hopi tribe groundwater projects trust fund
account.--Amounts in the Hopi Tribe Groundwater Projects Trust
Fund Account may only be used for the purpose of environmental
compliance, planning, engineering and design activities, and
construction to deliver water to Hopi communities.
(2) The hopi tribe om&r trust fund account.--Amounts in the
Hopi Tribe OM&R Trust Fund Account may only be used to pay the
OM&R costs of the Hopi Groundwater projects described in
paragraph (1) and the iina ba - paa tuwaqat'si pipeline
project.
(3) The hopi tribe agricultural conservation trust fund
account.--Amounts in the Hopi Tribe Agricultural Conservation
Trust Fund Account may only be used to pay the costs of
improvements to reduce water shortages on the historically
irrigated land and grazing land of the Hopi Tribe, including
sprinklers, drip or other efficient irrigation systems, land
leveling, wells, impoundments, pipelines, pumps and storage,
stream bank stabilization and restoration, pasture seeding and
management, fencing, and wind breaks or alluvial wells, and
spring restoration, repair, replacement, and relocation of low
technology structures to support Akchin farming, flood-water
farming, and other traditional farming practices.
(4) The hopi tribe lower basin colorado river water
acquisition trust fund account.--Amounts in the Hopi Tribe
Lower Basin Colorado River Water Acquisition Trust Fund Account
may only be used to purchase land within the State and
associated Lower Basin Colorado River Water Rights.
(g) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure or investment of any amounts
withdrawn from the Hopi Tribe Water Settlement Trust Fund Accounts by
the Hopi Tribe pursuant to subsection (e).
(h) Title to Infrastructure.--Title to, control over, and operation
of any project constructed using funds from the Hopi Tribe Water
Settlement Trust Fund shall remain in the Hopi Tribe.
(i) Account Transfers.--If the activities described in any of
paragraphs (1) through (4) of subsection (f) are complete and amounts
remain in the applicable Trust Fund Account described in those
paragraphs, the Secretary, at the request of the Hopi Tribe, shall
transfer the remaining amounts to one of the other accounts within the
Hopi Tribe Water Settlement Trust Fund.
(j) Contributions to the Iina ba - Paa Tuwaqat'si Pipeline.--In its
sole discretion, the Hopi Tribe may use amounts in the Hopi Tribe Water
Settlement Trust Fund to supplement funds in the iina ba - paa
tuwaqat'si pipeline Implementation Fund Account.
(k) Annual Report.--The Hopi Tribe shall submit to the Secretary an
annual expenditure report describing accomplishments and amounts spent
from use of withdrawals under a Tribal management plan under paragraph
(1) of subsection (e) or an expenditure plan under paragraph (2) of
that subsection.
(l) No Per Capita Payments.--No principal or interest amount in any
account established by this section shall be distributed to any member
of the Hopi Tribe on a per capita basis.
(m) Effect.--Nothing in this section entitles the Hopi Tribe to
judicial review of a determination of the Secretary regarding whether
to approve a Tribal management plan under paragraph (1) of subsection
(e) or an expenditure plan under paragraph (2) of that subsection,
except as provided under subchapter II of chapter 5, and chapter 7, of
title 5, United States Code (commonly known as the ``Administrative
Procedure Act'').
SEC. 12. SAN JUAN SOUTHERN PAIUTE TRIBE WATER SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust fund for
the San Juan Southern Paiute Tribe, to be known as the ``San Juan
Southern Paiute Tribe Water Settlement Trust Fund'', to be managed,
invested, and distributed by the Secretary and to remain available
until expended, withdrawn, or reverted to the general fund of the
Treasury, consisting of the amounts deposited in the Trust Fund
Accounts under subsection (c), together with any investment earnings,
including interest, earned on those amounts, for the purpose of
carrying out this Act.
(b) Accounts.--The Secretary shall establish in the San Juan
Southern Paiute Tribe Water Settlement Trust Fund the following
accounts:
(1) The San Juan Southern Paiute Tribe Groundwater Projects
Trust Fund Account.
(2) The San Juan Southern Paiute Tribe Agricultural
Conservation Trust Fund Account.
(3) The San Juan Southern Paiute Tribe OM&R Trust Fund
Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the San Juan Southern Paiute Tribe Groundwater
Projects Trust Fund Account, the amounts made available
pursuant to clause (i) of section 13(b)(3)(C);
(2) in the San Juan Southern Paiute Tribe Agricultural
Conservation Trust Fund Account, the amounts made available
pursuant to clause (iii) of that section; and
(3) in the San Juan Southern Paiute Tribe OM&R Trust Fund
Account, the amounts made available pursuant to clause (ii) of
that section.
(d) Management and Interest.--
(1) Management.--On receipt and deposit of the funds into
the accounts in the San Juan Southern Paiute Water Settlement
Trust Fund pursuant to subsection (c), the Secretary shall
manage, invest, and distribute all amounts in the San Juan
Southern Paiute Trust Fund Accounts in a manner that is
consistent with the investment authority of the Secretary
under--
(A) the first section of the Act of June 24, 1938
(25 U.S.C. 162a);
(B) the American Indian Trust Fund Management
Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
(C) this subsection.
(2) Investment earnings.--In addition to the deposits made
to the San Juan Southern Paiute Tribe Water Settlement Trust
Fund under subsection (c), any investment earnings, including
interest, credited to amounts held in accounts of the San Juan
Southern Paiute Tribe Water Settlement Trust Fund are
authorized to be appropriated to be used in accordance with
subsection (f).
(e) Withdrawals.--
(1) American indian trust fund management reform act of
1994.--
(A) In general.--The San Juan Southern Paiute Tribe
may withdraw any portion of the amounts in the San Juan
Southern Paiute Tribe Water Settlement Trust Fund on
approval by the Secretary of a Tribal management plan
submitted by the San Juan Southern Paiute Tribe in
accordance with the American Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
(B) Requirements.--In addition to the requirements
under the American Indian Trust Fund Management Reform
Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
management plan under this paragraph shall require that
the San Juan Southern Paiute Tribe spend all amounts
withdrawn from the San Juan Southern Paiute Tribe Water
Settlement Trust Fund, and any investment earnings
accrued through the investments under the Tribal
management plan, in accordance with this Act.
(C) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary--
(i) to enforce a Tribal management plan;
and
(ii) to ensure that amounts withdrawn from
the San Juan Southern Paiute Tribe Water
Settlement Trust Fund by the San Juan Southern
Paiute Tribe under this paragraph are used in
accordance with this Act.
(2) Expenditure plan.--
(A) In general.--The San Juan Southern Paiute Tribe
may submit to the Secretary a request to withdraw funds
from the San Juan Southern Paiute Tribe Water
Settlement Trust Fund pursuant to an approved
expenditure plan.
(B) Requirements.--To be eligible to withdraw funds
under an expenditure plan under this paragraph, the San
Juan Southern Paiute Tribe shall submit to the
Secretary for approval an expenditure plan for any
portion of the San Juan Southern Paiute Tribe Water
Settlement Trust Fund that the San Juan Southern Paiute
Tribe elects to withdraw pursuant to this paragraph,
subject to the condition that the funds shall be used
for the purposes described in this Act.
(C) Inclusions.--An expenditure plan under this
paragraph shall include a description of the manner and
purpose for which the amounts proposed to be withdrawn
from the San Juan Southern Paiute Tribe Water
Settlement Trust Fund Accounts will be used by the San
Juan Southern Paiute Tribe in accordance with
subsection (f).
(D) Approval.--On receipt of an expenditure plan
under this paragraph, the Secretary shall approve the
expenditure plan if the Secretary determines that the
expenditure plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
for, the purposes of this Act.
(E) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce an expenditure
plan under this paragraph to ensure that amounts
disbursed under this paragraph are used in accordance
with this Act.
(f) Uses.--Amounts from the San Juan Southern Paiute Tribe Water
Settlement Trust Fund shall be used by the San Juan Southern Paiute
Tribe for the following purposes:
(1) The san juan southern paiute tribe groundwater projects
trust fund account.--Amounts in the San Juan Southern Paiute
Tribe Groundwater Projects Trust Fund Account may only be used
to pay the cost of designing and constructing water projects,
including Water treatment facilities, pipelines, storage tanks,
pumping stations, pressure reducing valves, electrical
transmission facilities, and the other appurtenant items,
including real property and easements necessary to deliver
water to the areas served.
(2) The san juan southern paiute tribe agricultural
conservation trust fund account.--
(A) In general.--Subject to subparagraph (B),
amounts in the San Juan Southern Paiute Tribe
Agricultural Conservation Trust Fund Account may only
be used to pay the costs of improvements to reduce
water shortages on the historically irrigated land of
the San Juan Southern Paiute Tribe, including
sprinklers, drip or other efficient irrigation systems,
land leveling, wells, pipelines, pumps and storage,
stream bank stabilization and restoration, pasture
seeding and management, fencing, wind breaks, and
alluvial wells.
(B) Limitation.--Not more than half of the amounts
in the San Juan Southern Paiute Tribe Agricultural
Conservation Trust Fund Account may be used for
replacement and development of livestock wells and
impoundments on San Juan Southern Paiute Land.
(3) The san juan southern paiute tribe om&r trust fund
account.--Amounts in the San Juan Southern Paiute Tribe OM&R
Trust Fund Account may only be used to pay the OM&R costs of
the San Juan Southern Paiute Tribe Water projects described in
paragraph (1) and for the imputed costs for delivery of water
from the iina ba - paa tuwaqat'si pipeline.
(g) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure or investment of any amounts
withdrawn from the San Juan Southern Paiute Tribe Water Settlement
Trust Fund Accounts by the San Juan Southern Paiute Tribe pursuant to
subsection (e).
(h) Title to Infrastructure.--Title to, control over, and operation
of any project constructed using funds from the San Juan Southern
Paiute Tribe Water Settlement Trust Fund shall remain in the San Juan
Southern Paiute Tribe.
(i) Account Transfers.--If the activities described in any of
paragraphs (1) through (3) of subsection (f) are complete and amounts
remain in the applicable Trust Fund Account described in those
paragraphs, the Secretary, at the request of the San Juan Southern
Paiute Tribe, shall transfer the remaining amounts to one of the other
accounts within the San Juan Southern Paiute Tribe Water Settlement
Trust Fund.
(j) Contributions to the Iina ba - Paa Tuwaqat'si Pipeline.--In its
sole discretion, the San Juan Southern Paiute Tribe may use amounts in
the San Juan Southern Paiute Tribe Water Settlement Trust Fund to
supplement funds in the iina ba - paa tuwaqat'si pipeline
Implementation Fund Account.
(k) Annual Report.--The San Juan Southern Paiute Tribe shall submit
to the Secretary an annual expenditure report describing
accomplishments and amounts spent from use of withdrawals under a
Tribal management plan submitted under paragraph (1) of subsection (e)
or an expenditure plan under paragraph (2) of that subsection.
(l) No Per Capita Payments.--No principal or interest amount in any
account established by this section shall be distributed to any member
of the San Juan Southern Paiute Tribe on a per capita basis.
(m) Effect.--Nothing in this section entitles the San Juan Southern
Paiute Tribe to judicial review of a determination of the Secretary
regarding whether to approve a Tribal management plan under paragraph
(1) of subsection (e) or an expenditure plan under paragraph (2) of
that subsection, except as provided under subchapter II of chapter 5,
and chapter 7, of title 5, United States Code (commonly known as the
``Administrative Procedure Act'').
SEC. 13. FUNDING.
(a) Iina ba - Paa Tuwaqat'si Pipeline Implementation Fund
Account.--
(1) Mandatory appropriation.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary $1,715,000,000 for
deposit in the iina ba - paa tuwaqat'si pipeline Implementation
Fund Account, to carry out the planning, engineering, design,
environmental compliance, and construction of the iina ba - paa
tuwaqat'si pipeline, to remain available until expended,
withdrawn, or reverted to the general fund of the Treasury.
(2) Availability.--
(A) In general.--Except as provided in subparagraph
(B), amounts appropriated to and deposited in the iina
ba - paa tuwaqat'si pipeline Implementation Fund
Account under paragraph (1) shall not be available for
expenditure until such time as the Secretarial findings
required by section 16(a) are made and published.
(B) Exception.--Of the amounts made available under
paragraph (1), $25,000,000 shall be made available
before the Enforceability Date for the Bureau to carry
out environmental compliance and preliminary design of
the iina ba - paa tuwaqat'si pipeline, subject to the
following:
(i) The revision of the Settlement
Agreement and exhibits to conform to this Act.
(ii) Execution by all of the required
settlement parties, including the United
States, to the conformed Settlement Agreement
and exhibits, including the waivers and
releases of claims under section 14.
(3) Additional authorization.--In addition to the amounts
made available under paragraph (1), there are authorized to be
appropriated to the iina ba - paa tuwaqat'si pipeline
Implementation Fund Account such sums as are necessary to
complete the construction of the iina ba - paa tuwaqat'si
pipeline.
(b) Navajo Nation Water Settlement Trust Fund, the Hopi Tribe Water
Settlement Trust Fund and the San Juan Southern Paiute Settlement Trust
Fund.--
(1) Mandatory appropriation.--Out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary $3,285,000,000, for
deposit in the Navajo Nation Water Settlement Trust Fund, the
Hopi Tribe Water Settlement Trust Fund, and the San Juan
Southern Paiute Settlement Trust Fund, in accordance with
paragraph (3), to remain available until expended, withdrawn,
or reverted to the general fund of the Treasury.
(2) Availability.--Amounts appropriated to and deposited in
the Navajo Nation Water Settlement Trust Fund, the Hopi Tribe
Water Settlement Trust Fund, and the San Juan Southern Paiute
Water Settlement Trust Fund under paragraph (1) shall not be
available for expenditure until such time as the Secretarial
findings required by section 16(a) are made and published.
(3) Allocation.--The Secretary shall distribute and deposit
the amounts made available under paragraph (1) in accordance
with the following:
(A) The navajo nation water settlement trust
fund.--The Secretary shall deposit in the Navajo Nation
Water Settlement Trust Fund $2,746,700,000, to remain
available until expended, withdrawn, or reverted to the
general fund of the Treasury and to be allocated to the
accounts of the Navajo Nation Water Settlement Trust
Fund in accordance with the following:
(i) The Navajo Nation Water Projects Trust
Fund Account, $2,369,200,000.
(ii) The Navajo Nation OM&R Trust Fund
Account, $229,500,000.
(iii) The Navajo Nation Agricultural
Conservation Trust Fund Account, $80,000,000.
(iv) The Navajo Nation Renewable Energy
Trust Fund Account, $40,000,000.
(v) The Navajo Nation Lower Basin Colorado
River Water Acquisition Trust Fund Account,
$28,000,000.
(B) The hopi tribe water settlement trust fund.--
The Secretary shall deposit in the Hopi Tribe Water
Settlement Trust Fund $508,500,000, to remain available
until expended, withdrawn, or reverted to the general
fund of the Treasury and to be allocated to the
accounts of the Hopi Tribe Water Settlement Trust Fund
in accordance with the following:
(i) The Hopi Tribe Groundwater Projects
Trust Fund Account, $390,000,000.
(ii) The Hopi Tribe OM&R Trust Fund
Account, $87,000,000.
(iii) The Hopi Tribe Agricultural
Conservation Trust Fund Account, $30,000,000.
(iv) The Hopi Tribe Lower Basin Colorado
River Water Acquisition Trust Fund Account,
$1,500,000.
(C) The san juan southern paiute water settlement
trust fund.--The Secretary shall deposit in the San
Juan Southern Paiute Water Settlement Trust Fund
$29,800,000, to remain available until expended,
withdrawn, or reverted to the general fund of the
Treasury and to be allocated to the accounts of the San
Juan Southern Paiute Water Settlement Trust Fund in
accordance with the following:
(i) The San Juan Southern Paiute
Groundwater Project Trust Fund Account,
$28,000,000.
(ii) The San Juan Southern Paiute OM&R
Trust Fund Account, $1,500,000.
(iii) The San Juan Southern Paiute
Agricultural Conservation Trust Fund Account,
$300,000.
(c) Investments.--The Secretary shall invest amounts deposited in
the iina ba - paa tuwaqat'si pipeline Implementation Fund Account under
subsection (a) and the Navajo Nation Water Settlement Trust Fund, Hopi
Tribe Water Settlement Trust Fund, and the San Juan Southern Paiute
Water Settlement Trust Fund under subsection (b) in accordance with--
(1) the Act of April 1, 1880 (25 U.S.C. 161);
(2) the first section of the Act of June 24, 1938 (25
U.S.C. 162a); and
(3) 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.
(d) Credits to Accounts.--
(1) In general.--The interest on, and the proceeds from,
the sale or redemption of, any obligations held in the Navajo
Nation Water Settlement Trust Fund, the Hopi Tribe Water
Settlement Trust Fund, and the San Juan Southern Paiute Water
Settlement Trust Fund shall be credited to and form a part of
the applicable Trust Fund.
(2) Use of trust funds.--Amounts appropriated to and
deposited in the Navajo Nation Water Settlement Trust Fund, the
Hopi Tribe Water Settlement Trust Fund, and the San Juan
Southern Paiute Tribe Water Settlement Trust Fund may be used
as described in sections 10, 11, and 12 and paragraph 12 of the
Settlement Agreement.
(e) Fluctuation in Costs.--
(1) Implementation fund account.--The amounts appropriated
and authorized to be appropriated under subsection (a) shall
be--
(A) increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary
fluctuations in costs occurring after January 1, 2024,
as indicated by the Bureau Construction Cost Trends
Index applicable to the types of construction involved;
and
(B) adjusted to address construction cost changes
necessary to account for unforeseen market volatility
that may not otherwise be captured by engineering cost
indices as determined by the Secretary, including
repricing applicable to the types of construction and
current industry standards involved.
(2) Trust funds.--The amounts appropriated and authorized
to be appropriated under subsection (b) shall be--
(A) increased or decreased, as appropriate, by such
amounts as may be justified by reason of ordinary
fluctuations in costs occurring after January 1, 2024,
as indicated by the Bureau Construction Cost Index--
Composite Trend; and
(B) adjusted to address construction cost changes
necessary to account for unforeseen market volatility
that may not otherwise be captured by engineering cost
indices as determined by the Secretary, including
repricing applicable to the types of construction and
current industry standards involved.
(3) Repetition.--The adjustment process under paragraphs
(1) and (2) shall be repeated for each subsequent amount
appropriated until the amount appropriated and authorized to be
appropriated, as applicable, under subsections (a) and (b), as
adjusted, has been appropriated.
(4) Period of indexing.--
(A) Implementation fund.--With respect to the iina
ba - paa tuwaqat'si pipeline Implementation Fund
Account, the period of adjustment under paragraph (1)
for any increment of funding shall be annually until
the iina ba - paa tuwaqat'si pipeline project is
completed.
(B) Trust funds.--With respect to the Navajo Nation
Water Settlement Trust Fund, the Hopi Tribe Water
Settlement Trust Fund, and the San Juan Southern Paiute
Water Settlement Trust Fund, the period of indexing
adjustment under paragraph (2) for any increment of
funding shall end on the date on which the funds are
deposited into the Trust Funds.
SEC. 14. WAIVERS, RELEASES, AND RETENTION OF CLAIMS.
(a) Waivers, Releases and Retention of Claims for Water Rights,
Injury to Water Rights, and Injury to Water by the Navajo Nation, on
Behalf of the Navajo Nation and the Members of the Navajo Nation (but
Not Members in the Capacity of the Members as Navajo Allottees), and
the United States, Acting as Trustee for the Navajo Nation and the
Members of the Navajo Nation (but Not Members in the Capacity of the
Members as Navajo Allottees) Against the State and Others.--
(1) In general.--Except as provided in paragraph (3), the
Navajo Nation, on behalf of the Navajo Nation and the Members
of the Navajo Nation (but not Members in the capacity of the
Members as Navajo Allottees), and the United States, acting as
trustee for the Navajo Nation and the Members of the Navajo
Nation (but not Members in the capacity of the Members as
Navajo Allottees), as part of the performance of the respective
obligations of the Navajo Nation and the United States under
the Settlement Agreement and this Act, are authorized to
execute a waiver and release of all claims against the State
(or any agency or political subdivision of the State), the Hopi
Tribe, the Hopi Allottees, the San Juan Southern Paiute Tribe,
and any other individual, entity, corporation, or municipal
corporation under Federal, State, or other law for all of the
following:
(A) Past, present, and future claims for Water
Rights, including rights to Colorado River Water, for
Navajo Land, 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
within the State by the Navajo Nation, the predecessors
of the Navajo Nation, the Members of the Navajo Nation,
or predecessors of the Members of the Navajo Nation.
(C) Past and present claims for Injury to Water
Rights, including injury to rights to Colorado River
Water, for Navajo Land, arising from time immemorial
through the Enforceability Date.
(D) Past, present, and future claims for Injury to
Water for Navajo Land, arising from time immemorial
and, thereafter, forever.
(E) 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 within the State by the Navajo
Nation, the predecessors of the Navajo Nation, the
Members of the Navajo Nation, or predecessors of the
Members of the Navajo Nation.
(F) Claims for Injury to Water Rights, including
injury to rights to Colorado River Water, arising after
the Enforceability Date, for Navajo Land, resulting
from the diversion or Use of water outside of Navajo
Land in a manner not in violation of the Settlement
Agreement or State law.
(G) Past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of the Settlement Agreement, any
judgment or decree approving or incorporating the
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.1 to the
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1) and Exhibit 13.1
to the Settlement Agreement, the Navajo Nation, acting on
behalf of the Navajo Nation and the Members of the Navajo
Nation (but not Members in the capacity of the Members as
Navajo Allottees), and the United States, acting as trustee for
the Navajo Nation and the Members of the Navajo Nation (but not
Members in the capacity of the Members as Navajo Allottees),
shall retain any right--
(A) to assert claims for injuries to, and seek
enforcement of, the rights of the Navajo Nation under
the Settlement Agreement, whether those rights are
generally stated or specifically described, 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 Navajo Nation under
the LCR Decree and the Gila River Adjudication Decree;
(C) to assert claims for Water Rights, for land
owned or acquired by the Navajo Nation in fee, or held
in trust by the United States for the benefit of the
Navajo Nation, in the LCR Watershed pursuant to
subparagraphs 4.11 and 4.12, of the Settlement
Agreement, or in the Gila River Basin pursuant to
subparagraphs 4.14 and 4.15 of the Settlement
Agreement;
(D) to object to any claims for Water Rights by or
for--
(i) any Indian Tribe other than the Hopi
Tribe, the San Juan Southern Paiute Tribe, and
the Zuni Tribe; or
(ii) the United States acting on behalf of
any Indian Tribe, other than the Hopi Tribe,
the San Juan Southern Paiute Tribe, and the
Zuni Tribe; and
(E) to assert past, present, or future claims for
Injury to Water Rights--
(i) against any Indian Tribe other than the
Hopi Tribe, the San Juan Southern Paiute Tribe,
and the Zuni Tribe; or
(ii) the United States acting on behalf of
any Indian Tribe, other than the Hopi Tribe,
the San Juan Southern Paiute Tribe, and the
Zuni Tribe.
(b) Waivers, Releases and Retention of Claims for Water Rights,
Injury to Water Rights, and Injury to Water by the United States,
Acting as Trustee for the Navajo Allottees Against the State and
Others.--
(1) In general.--Except as provided in paragraph (3), the
United States, acting as trustee for the Navajo Allottees, as
part of the performance of the obligations of the United States
under the Settlement Agreement and this Act, is authorized to
execute a waiver and release of all claims against the State
(or any agency or political subdivision of the State), the
Navajo Nation, the Hopi Tribe, the Hopi Allottees, and the San
Juan Southern Paiute Tribe, and any other individual, entity,
corporation, or municipal corporation under Federal, State, or
other law, for all of the following:
(A) Past, present, and future claims for Water
Rights, including rights to Colorado River Water, for
Navajo 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
within the State by the Navajo Allottees or
predecessors of the Navajo Allottees.
(C) Past and present claims for Injury to Water
Rights, including injury to rights to Colorado River
Water, for Navajo Allotments, arising from time
immemorial through the Enforceability Date.
(D) Past, present, and future claims for Injury to
Water for Navajo Allotments, arising from time
immemorial and, thereafter, forever.
(E) 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 within the State by Navajo Allottees
or predecessors of the Navajo Allottees.
(F) Claims for Injury to Water Rights, including
injury to rights to Colorado River Water, arising after
the Enforceability Date, for the Navajo Allotments,
resulting from the diversion or Use of water outside of
Navajo Allotments in a manner not in violation of the
Settlement Agreement or State law.
(G) Past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of the Settlement Agreement, any
judgment or decree approving or incorporating the
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims
under paragraph (1) shall--
(A) be in the form described in Exhibit 13.2 to the
Settlement Agreement; and
(B) 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 Navajo Allottees, shall
retain any right--
(A) to assert claims for injuries to, and seek
enforcement of, the rights of the Navajo Allottees
under the Settlement Agreement, whether those rights
are generally stated or specifically described, 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 Navajo Allottees
under the LCR Decree;
(C) to object to any claims for Water Rights by or
for--
(i) any Indian Tribe other than the Navajo
Nation, the Hopi Tribe, the San Juan Southern
Paiute Tribe, and the Zuni Tribe; or
(ii) the United States acting on behalf of
any Indian Tribe other than the Navajo Nation,
the Hopi Tribe, the San Juan Southern Paiute
Tribe, and the Zuni Tribe; and
(D) to assert past, present, or future claims for
Injury to Water Rights against--
(i) any Indian Tribe other than the Navajo
Nation, the Hopi Tribe, the San Juan Southern
Paiute Tribe, and the Zuni Tribe; or
(ii) the United States acting on behalf of
any Indian Tribe other than the Navajo Nation,
the Hopi Tribe, the San Juan Southern Paiute
Tribe, and the Zuni Tribe.
(c) Waivers, Releases and Retention of Claims for Water Rights,
Injury to Water Rights, and Injury to Water by the Navajo Nation, on
Behalf of the Navajo Nation and the Members of the Navajo Nation (but
Not Members in the Capacity of the Members as Navajo Allottees),
Against the United States.--
(1) In general.--Except as provided in paragraph (3), the
Navajo Nation, acting on behalf of the Navajo Nation and the
Members of the Navajo Nation (but not Members in the capacity
of the Members as Navajo Allottees), as part of the performance
of the obligations of the Navajo Nation under the 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 of the following:
(A) Past, present, and future claims for Water
Rights, including rights to Colorado River Water, for
Navajo Land 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
within the State by the Navajo Nation, the predecessors
of the Navajo Nation, the Members of the Navajo Nation,
or predecessors of the Members of the Navajo Nation.
(C) Claims for Water Rights within the State that
the United States, acting as trustee for the Navajo
Nation and Navajo Allottees, asserted or could have
asserted in any proceeding, except to the extent that
such rights are recognized as part of the Navajo
Nation's Water Rights under this Act.
(D) Past and present claims for Injury to Water
Rights, including injury to rights to Colorado River
Water, for Navajo Land, arising from time immemorial
through the Enforceability Date.
(E) Past, present, and future claims for Injury to
Water for Navajo Land, arising from time immemorial
and, thereafter, forever.
(F) 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 within the State by the Navajo
Nation, the predecessors of the Navajo Nation, the
Members of the Navajo Nation, or predecessors of the
Members of the Navajo Nation.
(G) Claims for Injury to Water Rights, including
injury to rights to Colorado River Water, arising after
the Enforceability Date for Navajo Land, resulting from
the diversion or Use of water outside of Navajo Land in
a manner not in violation of the Settlement Agreement
or State law.
(H) Past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of the Settlement Agreement, any
judgment or decree approving or incorporating the
Settlement Agreement, or this Act.
(I) Past, present, and future claims arising out
of, or relating in any manner to, United States
Geological Survey monitoring and reporting activities
described in paragraph 7.0 of the Settlement Agreement.
(J) Past, present, and future claims arising from
time immemorial and, thereafter, forever, relating in
any manner to Injury to Water or Injury to Water Rights
based on the provisions of paragraphs 8.0 and 9.0 of
the Settlement Agreement.
(K) Past and present claims for foregone benefits
from non-Navajo Use of water, on and off Navajo Land
(including water from all sources and for all Uses),
within the State arising before the Enforceability
Date.
(L) Past and present claims for damage, loss, or
injury to land or natural 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 of, or taking
of water, or claims relating to a failure to protect,
acquire, replace, or develop water, Water Rights, or
water infrastructure, within the State, arising before
the Enforceability Date.
(M) Past and present claims arising before the
Enforceability Date from a failure to provide for
operation, maintenance, or deferred maintenance for any
irrigation system or irrigation project on Navajo Land.
(N) Past and present claims arising before the
Enforceability Date from a failure to establish or
provide a municipal, rural, or industrial water
delivery system on Navajo Land.
(O) Past and present claims for damage, loss, or
injury to land or natural resources due to
construction, operation, and management of irrigation
projects on Navajo Land, including damages, losses, or
injuries to fish habitat, wildlife, and wildlife
habitat, within the State arising before the
Enforceability Date.
(P) Past and present claims arising before the
Enforceability Date from a failure to provide a dam
safety improvement to a dam on Navajo Land within the
State.
(2) Form; effective date.--The waiver and release of claims
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.3 to the
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1) and Exhibit 13.3
to the Settlement Agreement, the Navajo Nation and the Members
of the Navajo Nation (but not Members in the capacity of the
Members as Allottees) shall retain any right--
(A) to assert claims for injuries to, and seek
enforcement of, the rights of the Navajo Nation under
the Settlement Agreement, whether those rights are
generally stated or specifically described, 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 Navajo Nation under
the LCR Decree and the Gila River Adjudication Decree;
(C) to assert claims for Water Rights for land
owned or acquired by the Navajo Nation in fee in the
LCR Watershed pursuant to subparagraphs 4.11 and 4.12
of the Settlement Agreement, or in the Gila River Basin
pursuant to subparagraphs 4.14 and 4.15 of the
Settlement Agreement;
(D) to object to any claims for Water Rights by or
for--
(i) any Indian Tribe other than the Hopi
Tribe, the San Juan Southern Paiute Tribe, and
the Zuni Tribe; or
(ii) the United States acting on behalf of
any Indian Tribe other than the Hopi Tribe, the
San Juan Southern Paiute Tribe, and the Zuni
Tribe; and
(E) to assert past, present, or future claims for
Injury to Water Rights against--
(i) any Indian Tribe other than the Hopi
Tribe, the San Juan Southern Paiute Tribe, and
the Zuni Tribe; or
(ii) the United States acting on behalf of
any Indian Tribe other than the Hopi Tribe, the
San Juan Southern Paiute Tribe, and the Zuni
Tribe.
(d) Waivers, Releases and Retention of Claims by the United States
in All Capacities (except as Trustee for an Indian Tribe Other Than the
Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe)
Against the Navajo Nation and the Members of the Navajo Nation.--
(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 Navajo Nation, the Hopi Tribe, and
the San Juan Southern Paiute Tribe), as part of the performance
of the obligations of the United States under the Settlement
Agreement and this Act, is authorized to execute a waiver and
release of all claims against the Navajo Nation, the Members of
the Navajo Nation, or any agency, official, or employee of the
Navajo Nation, under Federal, State, or any other law for all
of the following:
(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
Navajo 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 Navajo Land in a manner that is not
in violation of this Agreement or State law.
(C) Past, present, and future claims arising out
of, or related in any manner to, the negotiation,
execution, or adoption of the Settlement Agreement, any
judgment or decree approving or incorporating the
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims
under paragraph (1) shall--
(A) be in the form described in Exhibit 13.4 to the
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1) and Exhibit 13.4
to the Settlement Agreement, the United States shall retain any
right to assert any claim not expressly waived in accordance
with that paragraph and that Exhibit, in any Federal or State
court of competent jurisdiction.
(e) Waivers, Releases and Retention of Claims for Water Rights,
Injury to Water Rights, and Injury to Water by the Hopi Tribe, on
Behalf of the Hopi Tribe and the Members of the Hopi Tribe (but Not
Members in the Capacity of the Members as Hopi Allottees), and the
United States, Acting as Trustee for the Hopi Tribe and the Members of
the Hopi Tribe (but Not Members in the Capacity of the Members as Hopi
Allottees) Against the State and Others.--
(1) In general.--Except as provided in paragraph (3), the
Hopi Tribe, on behalf of the Hopi Tribe and the Members of the
Hopi Tribe (but not Members in the capacity of the Members as
Hopi Allottees), and the United States, acting as trustee for
the Hopi Tribe and the Members of the Hopi Tribe (but not
Members in the capacity of the Members as Hopi Allottees), as
part of the performance of the respective obligations of the
Hopi Tribe and the United States under the Settlement Agreement
and this Act, are authorized to execute a waiver and release of
all claims against the State (or any agency or political
subdivision of the State), the Navajo Nation, the Navajo
Allottees, the San Juan Southern Paiute Tribe, and any other
individual, entity, corporation, or municipal corporation under
Federal, State, or other law for all of the following:
(A) Past, present, and future claims for Water
Rights, including rights to Colorado River Water, for
Hopi Land, 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
within the State by the Hopi Tribe, the predecessors of
the Hopi Tribe, the Members of the Hopi Tribe, or
predecessors of the Members of the Hopi Tribe.
(C) Past and present claims for Injury to Water
Rights, including injury to rights to Colorado River
Water, for Hopi Land, arising from time immemorial
through the Enforceability Date.
(D) Past, present, and future claims for Injury to
Water for Hopi Land, arising from time immemorial and,
thereafter, forever.
(E) 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 within the State by the Hopi Tribe,
the predecessors of the Hopi Tribe, the Members of the
Hopi Tribe, or predecessors of the Members of the Hopi
Tribe.
(F) Claims for Injury to Water Rights, including
injury to rights to Colorado River Water, arising after
the Enforceability Date, for Hopi Land, resulting from
the diversion or Use of water outside of Hopi Land in a
manner not in violation of the Settlement Agreement or
State law.
(G) Past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of the Settlement Agreement, any
judgment or decree approving or incorporating the
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.6 to the
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1) and Exhibit 13.6
to the Settlement Agreement, the Hopi Tribe, acting on behalf
of the Hopi Tribe and the Members of the Hopi Tribe (but not
Members in the capacity of the Members as Hopi Allottees), and
the United States, acting as trustee for the Hopi Tribe and the
Members of the Hopi Tribe (but not Members in the capacity of
the Members as Hopi Allottees), shall retain any right--
(A) to assert claims for injuries to, and seek
enforcement of, the rights of the Hopi Tribe under the
Settlement Agreement, whether those rights are
generally stated or specifically described, 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 Hopi Tribe under the
LCR Decree;
(C) to assert claims for Water Rights for land
owned or acquired by the Hopi Tribe in fee, or held in
trust by the United States for the benefit of the Hopi
Tribe, in the LCR Watershed pursuant to subparagraphs
5.10 and 5.11 of the Settlement Agreement;
(D) to object to any claims for Water Rights by or
for--
(i) any Indian Tribe other than the Navajo
Nation, the San Juan Southern Paiute Tribe, and
the Zuni Tribe; or
(ii) the United States acting on behalf of
any Indian Tribe, other than the Navajo Nation,
the San Juan Southern Paiute Tribe, and the
Zuni Tribe; and
(E) to assert past, present, or future claims for
Injury to Water Rights against--
(i) any Indian Tribe other than the Navajo
Nation, the San Juan Southern Paiute Tribe, and
the Zuni Tribe; or
(ii) the United States acting on behalf of
any Indian Tribe, other than the Navajo Nation,
the San Juan Southern Paiute Tribe, and the
Zuni Tribe.
(f) Waivers, Releases and Retention of Claims for Water Rights,
Injury to Water Rights, and Injury to Water by the United States,
Acting as Trustee for the Hopi Allottees Against the State and
Others.--
(1) In general.--Except as provided in paragraph (3), the
United States, acting as trustee for the Hopi Allottees, as
part of the performance of the obligations of the United States
under the Settlement Agreement and this Act, is authorized to
execute a waiver and release of all claims against the State
(or any agency or political subdivision of the State), the Hopi
Tribe, the Navajo Nation, the Navajo Allottees, and the San
Juan Southern Paiute Tribe, and any other individual, entity,
corporation, or municipal corporation under Federal, State, or
other law, for all of the following:
(A) Past, present, and future claims for Water
Rights, including rights to Colorado River Water, for
Hopi 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
within the State by the Hopi Allottees or predecessors
of the Hopi Allottees.
(C) Past and present claims for Injury to Water
Rights, including injury to rights to Colorado River
Water, for Hopi Allotments, arising from time
immemorial through the Enforceability Date.
(D) Past, present, and future claims for Injury to
Water for Hopi Allotments, arising from time immemorial
and, thereafter, forever.
(E) 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 within the State by Hopi Allottees or
predecessors of the Hopi Allottees.
(F) Claims for Injury to Water Rights, including
injury to rights to Colorado River Water, arising after
the Enforceability Date, for the Hopi Allotments,
resulting from the diversion or Use of water outside of
the Hopi Allotments in a manner not in violation of the
Settlement Agreement or State law.
(G) Past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of the Settlement Agreement, any
judgment or decree approving or incorporating the
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims
under paragraph (1) shall--
(A) be in the form described in Exhibit 13.7 of the
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1) and Exhibit 13.7
of the Settlement Agreement, the United States acting as
trustee for the Hopi Allottees, shall retain any right--
(A) to assert claims for injuries to, and seek
enforcement of, the rights of the Hopi Allottees under
the Settlement Agreement, whether those rights are
generally stated or specifically described, 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 Hopi Allottees under
the LCR Decree;
(C) to object to any claims for Water Rights by or
for--
(i) any Indian Tribe other than the Hopi
Tribe, the Navajo Nation, the San Juan Southern
Paiute Tribe, and the Zuni Tribe; or
(ii) the United States acting on behalf of
any Indian Tribe other than the Hopi Tribe, the
Navajo Nation, the San Juan Southern Paiute
Tribe, and the Zuni Tribe; and
(D) to assert past, present, or future claims for
Injury to Water Rights against--
(i) any Indian Tribe other than the Hopi
Tribe, the Navajo Nation, the San Juan Southern
Paiute Tribe, and the Zuni Tribe; or
(ii) the United States acting on behalf of
any Indian Tribe other than the Hopi Tribe, the
Navajo Nation, the San Juan Southern Paiute
Tribe, and the Zuni Tribe.
(g) Waivers, Releases and Retention of Claims for Water Rights,
Injury to Water Rights, and Injury to Water by the Hopi Tribe, on
Behalf of the Hopi Tribe and the Members of the Hopi Tribe (but Not
Members in the Capacity of the Members as Hopi Allottees), Against the
United States.--
(1) In general.--Except as provided in paragraph (3), the
Hopi Tribe, acting on behalf of the Hopi Tribe and the Members
of the Hopi Tribe (but not Members in the capacity of the
Members as Hopi Allottees), as part of the performance of the
obligations of the Hopi Tribe under the 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 of the following:
(A) Past, present, and future claims for Water
Rights, including rights to Colorado River Water, for
Hopi Land, 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
within the State by the Hopi Tribe, the predecessors of
the Hopi Tribe, the Members of the Hopi Tribe, or
predecessors of the Members of the Hopi Tribe.
(C) Claims for Water Rights within the State that
the United States, acting a trustee for the Hopi Tribe
and Hopi Allottees, asserted or could have asserted in
any proceeding, except to the extent that such rights
are recognized as part of the Hopi Tribe's Water Rights
under this Act.
(D) Past and present claims for Injury to Water
Rights, including injury to rights to Colorado River
Water, for Hopi Land, arising from time immemorial
through the Enforceability Date.
(E) Past, present, and future claims for Injury to
Water for Hopi Land, arising from time immemorial and,
thereafter, forever.
(F) 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 within the State by the Hopi Tribe,
the predecessors of the Hopi Tribe, the Members of the
Hopi Tribe, or predecessors of the Members of the Hopi
Tribe.
(G) Claims for Injury to Water Rights, including
injury to rights to Colorado River Water, arising after
the Enforceability Date for Hopi Land, resulting from
the diversion or Use of water outside of Hopi Land in a
manner not in violation of the Settlement Agreement or
State law.
(H) Past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of the Settlement Agreement, any
judgment or decree approving or incorporating the
Settlement Agreement, or this Act.
(I) Past, present, and future claims arising out
of, or relating in any manner to, United States
Geological Survey monitoring and reporting activities
described in paragraph 7.0 of the Settlement Agreement.
(J) Past, present, and future claims arising from
time immemorial and, thereafter, forever, relating in
any manner to Injury to Water or Injury to Water Rights
based on the provisions of paragraphs 8.0 and 9.0 of
the Settlement Agreement.
(K) Past and present claims for foregone benefits
from non-Hopi Use of water, on and off Hopi Land
(including water from all sources and for all Uses),
within the State arising before the Enforceability
Date.
(L) Past and present claims for damage, loss, or
injury to land, or natural 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 of, or taking
of water, or claims relating to a failure to protect,
acquire, replace, or develop water, Water Rights, or
water infrastructure, within the State, arising before
the Enforceability Date.
(M) Past and present claims arising before the
Enforceability Date from a failure to provide for
operation, maintenance, or deferred maintenance for any
irrigation system or irrigation project on Hopi Land.
(N) Past and present claims arising before the
Enforceability Date from a failure to establish or
provide a municipal, rural, or industrial water
delivery system on Hopi Land.
(O) Past and present claims for damage, loss, or
injury to land or natural resources due to
construction, operation, and management of irrigation
projects on Hopi Land, including damages, losses, or
injuries to fish habitat, wildlife, and wildlife
habitat, within the State arising before the
Enforceability Date.
(2) Form; effective date.--The waiver and release of claims
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.8 to the
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1) and Exhibit 13.8
to the Settlement Agreement, the Hopi Tribe and the Members of
the Hopi Tribe (but not Members in the capacity of the Members
as Hopi Allottees) shall retain any right--
(A) to assert claims for injuries to, and seek
enforcement of, the rights of the Hopi Tribe under the
Settlement Agreement, whether those rights are
generally stated or specifically described, 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 Hopi Tribe under the
LCR Decree;
(C) to assert claims for Water Rights for land
owned or acquired by the Hopi Tribe in fee in the LCR
Watershed pursuant to subparagraphs 5.10 and 5.11 of
the Settlement Agreement;
(D) to object to any claims for Water Rights by or
for--
(i) any Indian Tribe other than the Navajo
Nation, the San Juan Southern Paiute Tribe, and
the Zuni Tribe; or
(ii) the United States acting on behalf of
any Indian Tribe other than the Navajo Nation,
the San Juan Southern Paiute Tribe, and the
Zuni Tribe; and
(E) to assert past, present, or future claims for
Injury to Water Rights against--
(i) any Indian Tribe other than the Navajo
Nation, the San Juan Southern Paiute Tribe, and
the Zuni Tribe; or
(ii) the United States acting on behalf of
any Indian Tribe other than the Navajo Nation,
the San Juan Southern Paiute Tribe, and the
Zuni Tribe.
(h) Waivers, Releases and Retention of Claims by the United States
in All Capacities (except as Trustee for an Indian Tribe Other Than the
Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe)
Against the Hopi Tribe and the Members of the Hopi 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 Navajo Nation, the Hopi Tribe, and
the San Juan Southern Paiute Tribe), as part of the performance
of the obligations of the United States under the Settlement
Agreement and this Act, is authorized to execute a waiver and
release of all claims against the Hopi Tribe, the Members of
the Hopi Tribe, or any agency, official, or employee of the
Hopi Tribe, under Federal, State, or any other law for all of
the following:
(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
Hopi 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 Hopi Land in a manner that is not in
violation of the Settlement Agreement or State law.
(C) Past, present, and future claims arising out
of, or related in any manner to, the negotiation,
execution, or adoption of the Settlement Agreement, any
judgment or decree approving or incorporating the
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims
under paragraph (1) shall--
(A) be in the form described in Exhibit 13.9 to the
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1) and Exhibit 13.9
to the Settlement Agreement, the United States shall retain any
right to assert any claim not expressly waived in accordance
with that paragraph and that Exhibit, in any Federal or State
court of competent jurisdiction.
(i) Waivers, Releases and Retention of Claims for Water Rights,
Injury to Water Rights, and Injury to Water by the San Juan Southern
Paiute Tribe, on Behalf of the San Juan Southern Paiute Tribe and the
Members of the San Juan Southern Paiute Tribe, and the United States,
Acting as Trustee for the San Juan Southern Paiute Tribe and the
Members of the San Juan Southern Paiute Tribe Against the State and
Others.--
(1) In general.--Except as provided in paragraph (3), the
San Juan Southern Paiute Tribe, on behalf of the San Juan
Southern Paiute Tribe and the Members of the San Juan Southern
Paiute Tribe, and the United States, acting as trustee for the
San Juan Southern Paiute Tribe and the Members of the San Juan
Southern Paiute Tribe, as part of the performance of the
respective obligations of the San Juan Southern Paiute Tribe
and the United States under the Settlement Agreement and this
Act, is authorized to execute a waiver and release of all
claims against the State (or any agency or political
subdivision of the State), the Hopi Tribe, the Hopi Allottees,
the Navajo Nation, the Navajo Allottees, and any other
individual, entity, corporation, or municipal corporation under
Federal, State, or other law for all of the following:
(A) Past, present, and future claims for Water
Rights, including rights to Colorado River Water, for
San Juan Southern Paiute Land, 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
within the State by the San Juan Southern Paiute Tribe,
the predecessors of the San Juan Southern Paiute Tribe,
the Members of the San Juan Southern Paiute Tribe, or
predecessors of the Members of the San Juan Southern
Paiute Tribe.
(C) Past and present claims for Injury to Water
Rights, including injury to rights to Colorado River
Water, for San Juan Southern Paiute Land, arising from
time immemorial through the Enforceability Date.
(D) Past, present, and future claims for Injury to
Water for San Juan Southern Paiute Land, arising from
time immemorial and, thereafter, forever.
(E) 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 within the State by the San Juan
Southern Paiute Tribe, the predecessors of the San Juan
Southern Paiute Tribe, the Members of the San Juan
Southern Paiute Tribe, or predecessors of the Members
of the San Juan Southern Paiute Tribe.
(F) Claims for Injury to Water Rights, including
injury to rights to Colorado River Water, arising after
the Enforceability Date, for San Juan Southern Paiute
Land, resulting from the diversion or Use of water
outside of San Juan Southern Paiute Land in a manner
not in violation of the Settlement Agreement or State
law.
(G) Past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of the Settlement Agreement, any
judgment or decree approving or incorporating the
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims
described in paragraph (1) shall--
(A) be in the form described in Exhibit 13.11 to
the Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1) and Exhibit 13.11
to the Settlement Agreement, the San Juan Southern Paiute
Tribe, acting on behalf of the San Juan Southern Paiute Tribe
and the Members of the San Juan Southern Paiute Tribe, and the
United States, acting as trustee for the San Juan Southern
Paiute Tribe and the Members of the San Juan Southern Paiute
Tribe, shall retain any right--
(A) to assert claims for injuries to, and seek
enforcement of, the rights of the San Juan Southern
Paiute Tribe under the Settlement Agreement, whether
those rights are generally stated or specifically
described, 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 San Juan Southern
Paiute Tribe under the LCR Decree;
(C) to assert claims for Water Rights for land
owned or acquired by the San Juan Southern Paiute Tribe
in fee or held in trust by the United States for the
benefit of the San Juan Southern Paiute Tribe in the
LCR Watershed pursuant to subparagraphs 6.4 and 6.5 of
the Settlement Agreement;
(D) to object to any claims for Water Rights by or
for--
(i) any Indian Tribe other than the Hopi
Tribe, the Navajo Nation, and the Zuni Tribe;
or
(ii) the United States acting on behalf of
any Indian Tribe, other than the Hopi Tribe,
the Navajo Nation, and the Zuni Tribe; and
(E) to assert past, present, or future claims for
Injury to Water Rights against--
(i) any Indian Tribe other than the Hopi
Tribe, the Navajo Nation, and the Zuni Tribe;
or
(ii) the United States acting on behalf of
any Indian Tribe, other than the Hopi Tribe,
the Navajo Nation, and the Zuni Tribe.
(j) Waivers, Releases and Retention of Claims for Water Rights,
Injury to Water Rights, and Injury to Water by the San Juan Southern
Paiute Tribe, on Behalf of the San Juan Southern Paiute Tribe and the
Members of the San Juan Southern Paiute Tribe, Against the United
States.--
(1) In general.--Except as provided in paragraph (3), the
San Juan Southern Paiute Tribe, acting on behalf of the San
Juan Southern Paiute Tribe and the Members of the San Juan
Southern Paiute Tribe, as part of the performance of the
obligations of the San Juan Southern Paiute Tribe under the
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 of the
following:
(A) Past, present, and future claims for Water
Rights, including rights to Colorado River Water, for
San Juan Southern Paiute Land, 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
within the State by the San Juan Southern Paiute Tribe,
the predecessors of the San Juan Southern Paiute Tribe,
the Members of the San Juan Southern Paiute Tribe, or
predecessors of the Members of the San Juan Southern
Paiute Tribe.
(C) Claims for Water Rights within the State that
the United States, acting as trustee for the San Juan
Southern Paiute Tribe, asserted or could have asserted
in any proceeding, except to the extent that such
rights are recognized as part of the San Juan Southern
Paiute Tribe's Water Rights under this Act.
(D) Past and present claims for Injury to Water
Rights, including injury to rights to Colorado River
Water, for San Juan Southern Paiute Land, arising from
time immemorial through the Enforceability Date.
(E) Past, present, and future claims for Injury to
Water for San Juan Southern Paiute Land, arising from
time immemorial and, thereafter, forever.
(F) 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 within the State by the San Juan
Southern Paiute Tribe, the predecessors of the San Juan
Southern Paiute Tribe, the Members of the San Juan
Southern Paiute Tribe, or predecessors of the Members
of the San Juan Southern Paiute Tribe.
(G) Claims for Injury to Water Rights, including
injury to rights to Colorado River Water, arising after
the Enforceability Date for San Juan Southern Paiute
Land, resulting from the diversion or Use of water
outside of San Juan Southern Paiute Land in a manner
not in violation of this Agreement or State law.
(H) Past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of this Agreement, any judgment
or decree approving or incorporating this Agreement, or
this Act.
(I) Past, present, and future claims arising out
of, or relating in any manner to, United States
Geological Survey monitoring and reporting activities
described in paragraph 7.0 of the Settlement Agreement.
(J) Past, present, and future claims arising from
time immemorial and, thereafter, forever, relating in
any manner to Injury to Water or Injury to Water Rights
based on the provisions of paragraphs 8.0 and 9.0 of
the Settlement Agreement.
(K) Past and present claims for foregone benefits
from non-San Juan Southern Paiute Tribe Use of water,
on and off San Juan Southern Paiute Land (including
water from all sources and for all Uses), within the
State arising before the Enforceability Date.
(L) Past and present claims for damage, loss, or
injury to land, or natural 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 of, or taking
of water, or claims relating to a failure to protect,
acquire, replace, or develop water, Water Rights, or
water infrastructure, within the State, arising before
the Enforceability Date.
(M) Past and present claims arising before the
Enforceability Date from a failure to provide for
operation, maintenance, or deferred maintenance for any
irrigation system or irrigation project on San Juan
Southern Paiute Land.
(N) Past and present claims arising before the
Enforceability Date from a failure to establish or
provide a municipal, rural, or industrial water
delivery system on San Juan Southern Paiute Land.
(O) Past and present claims for damage, loss, or
injury to land or natural resources due to
construction, operation, and management of irrigation
projects on San Juan Southern Paiute Land, including
damages, losses, or injuries to fish habitat, wildlife,
and wildlife habitat, within the State arising before
the Enforceability Date.
(2) Form; effective date.--The waiver and release of claims
described in paragraph (1) shall be--
(A) in the form described in Exhibit 13.12 to the
Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1) and Exhibit 13.12
to the Settlement Agreement, the San Juan Southern Paiute
Tribe, acting on behalf of the San Juan Southern Paiute Tribe
and the Members of the San Juan Southern Paiute Tribe shall
retain any right--
(A) to assert claims for injuries to, and seek
enforcement of, the rights of the San Juan Southern
Paiute Tribe under the Settlement Agreement, whether
those rights are generally stated or specifically
described, 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 San Juan Southern
Paiute Tribe under the LCR Decree;
(C) to assert claims for Water Rights for land
owned or acquired by the San Juan Southern Paiute Tribe
in fee in the LCR Watershed pursuant to subparagraphs
6.4 and 6.5 of the Settlement Agreement;
(D) to object to any claims for Water Rights by or
for--
(i) any Indian Tribe other than the Hopi
Tribe, the Navajo Nation, and the Zuni Tribe;
or
(ii) the United States acting on behalf of
any Indian Tribe, other than the Hopi Tribe,
the Navajo Nation, and the Zuni Tribe; and
(E) to assert past, present, or future claims for
Injury to Water Rights against--
(i) any Indian Tribe other than the Hopi
Tribe, the Navajo Nation, and the Zuni Tribe;
or
(ii) the United States acting on behalf of
any Indian Tribe, other than the Hopi Tribe,
the Navajo Nation, and the Zuni Tribe.
(k) Waivers, Releases and Retention of Claims by the United States
in All Capacities (except as Trustee for an Indian Tribe Other Than the
Navajo Nation, the Hopi Tribe, and the San Juan Southern Paiute Tribe)
Against the San Juan Southern Paiute Tribe and the Members of the San
Juan Southern Paiute 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 Navajo Nation, the Hopi Tribe, and
the San Juan Southern Paiute Tribe), as part of the performance
of the obligations of the United States under the Settlement
Agreement and this Act, is authorized to execute a waiver and
release of all claims against the San Juan Southern Paiute
Tribe, the Members of the San Juan Southern Paiute Tribe, or
any agency, official, or employee of the San Juan Southern
Paiute 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
San Juan Southern Paiute 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 San Juan Southern Paiute Land in a
manner that is not in violation of the Settlement
Agreement or State law.
(C) Past, present, and future claims arising out
of, or related in any manner to, the negotiation,
execution, or adoption of the Settlement Agreement, any
judgment or decree approving or incorporating the
Settlement Agreement, or this Act.
(2) Form; effective date.--The waiver and release of claims
under paragraph (1) shall--
(A) be in the form described in Exhibit 13.13 to
the Settlement Agreement; and
(B) take effect on the Enforceability Date.
(3) Retention of claims.--Notwithstanding the waiver and
release of claims described in paragraph (1) and Exhibit 13.13
to the Settlement Agreement, the United States shall retain any
right to assert any claim not expressly waived in accordance
with that paragraph and that Exhibit, in any Federal or State
court of competent jurisdiction.
SEC. 15. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.
(a) Navajo Nation and the Members of the Navajo Nation; Navajo
Allottees and the United States, Acting as Trustee for the Navajo
Allottees.--
(1) Navajo nation and the members of the navajo nation.--
(A) In general.--The benefits provided under the
Settlement Agreement shall be in complete replacement
of, complete substitution for, and full satisfaction of
any claim of the Navajo Nation and the Members of the
Navajo Nation against the Parties, including the United
States, that is waived and released by the Navajo
Nation acting on behalf of the Navajo Nation and the
Members of the Navajo Nation under Exhibits 13.1 and
13.3 to the Settlement Agreement.
(B) Satisfaction of water rights.--Any entitlement
to water of the Navajo Nation and the Members of the
Navajo Nation (but not Members in the capacity of the
Members as Navajo Allottees) or the United States
acting as trustee for the Navajo Nation and the Members
of the Navajo Nation (but not Members in the capacity
of the Members as Navajo Allottees), for Navajo Land
shall be satisfied out of the water resources and other
benefits granted, confirmed, quantified, or recognized
by the Settlement Agreement and this Act, to or for the
Navajo Nation, the Members of the Navajo Nation (but
not Members in the capacity of the Members as Navajo
Allottees), and the United States, acting as trustee
for the Navajo Nation and the Members of the Navajo
Nation (but not Members in the capacity of the Members
as Navajo Allottees).
(2) Navajo allottees and the united states, acting as
trustee for the navajo allottees.--
(A) In general.--The benefits realized by the
Navajo Allottees under the Settlement Agreement and
this Act shall be in complete replacement of, complete
substitution for, and full satisfaction of--
(i) all claims waived and released by the
United States (acting as trustee for the Navajo
Allottees) under Exhibit 13.2 to the Settlement
Agreement; and
(ii) any claims of the Navajo Allottees
against the United States similar to the claims
described in Exhibit 13.2 to the Settlement
Agreement that the Navajo Allottees asserted or
could have asserted.
(B) Satisfaction of water rights.--Any entitlement
to water of the Navajo Allottees or the United States
acting as trustee for the Navajo Allottees, for Navajo
Allotments shall be satisfied out of the water
resources and other benefits granted, confirmed, or
recognized by the Settlement Agreement and this Act, to
or for the Navajo Allottees and the United States,
acting as trustee for the Navajo Allottees.
(3) No right established.--Notwithstanding paragraphs (1)
and (2), nothing in the Settlement Agreement or this Act
recognizes or establishes any right of a Member of the Navajo
Nation (but not Members in the capacity of the Members as
Navajo Allottees) to water on Navajo Land.
(b) Hopi Tribe and the Members of the Hopi Tribe; Hopi Allottees
and the United States, Acting as Trustee for the Hopi Allottees.--
(1) Hopi tribe and the members of the hopi tribe.--
(A) In general.--The benefits provided under the
Settlement Agreement shall be in complete replacement
of, complete substitution for, and full satisfaction of
any claim of the Hopi Tribe and the Members of the Hopi
Tribe against the Parties, including the United States,
that is waived and released by the Hopi Tribe acting on
behalf of the Hopi Tribe and the Members of the Hopi
Tribe under Exhibits 13.6 and 13.8 to the Settlement
Agreement.
(B) Satisfaction of water rights.--Any entitlement
to water of the Hopi Tribe and the Members of the Hopi
Tribe (but not Members in the capacity of the Members
as Hopi Allottees) or the United States acting as
trustee for the Hopi Tribe and the Members of the Hopi
Tribe (but not Members in the capacity of the Members
as Hopi Allottees), for Hopi Land shall be satisfied
out of the water resources and other benefits granted,
confirmed, quantified, or recognized by the Settlement
Agreement and this Act, to or for the Hopi Tribe, the
Members of the Hopi Tribe (but not Members in the
capacity of the Members as Hopi Allottees), and the
United States, acting as trustee for the Hopi Tribe and
the Members of the Hopi Tribe (but not Members in the
capacity of the Members as Hopi Allottees).
(2) Hopi allottees and the united states, acting as trustee
for the hopi allottees.--
(A) In general.--The benefits realized by the Hopi
Allottees under the Settlement Agreement shall be in
complete replacement of, complete substitution for, and
full satisfaction of--
(i) all claims waived and released by the
United States (acting as trustee for the Hopi
Allottees) under Exhibit 13.7 to the Settlement
Agreement; and
(ii) any claims of the Hopi Allottees
against the United States similar to the claims
described in Exhibit 13.7 to the Settlement
Agreement that the Hopi Allottees asserted or
could have asserted.
(B) Satisfaction of water rights.--Any entitlement
to water of the Hopi Allottees or the United States
acting trustee for the Hopi Allottees, for Hopi
Allotments shall be satisfied out of the water
resources and other benefits granted, confirmed, or
recognized by the Settlement Agreement and this Act, to
or for the Hopi Allottees and the United States, acting
as trustee for the Hopi Allottees.
(3) No right established.--Notwithstanding paragraphs (1)
and (2), nothing in the Settlement Agreement or this Act
recognizes or establishes any right of a Member of the Hopi
Tribe (but not Members in the capacity of the Members as Hopi
Allottees) to water on Hopi Land.
(c) San Juan Southern Paiute Tribe and the Members of the San Juan
Southern Paiute Tribe.--
(1) In general.--The benefits provided under the Settlement
Agreement shall be in complete replacement of, complete
substitution for, and full satisfaction of any claim of the San
Juan Southern Paiute Tribe and the Members of the San Juan
Southern Paiute Tribe against the Parties, including the United
States, that is waived and released by the San Juan Southern
Paiute Tribe acting on behalf of the San Juan Southern Paiute
Tribe and the Members of the San Juan Southern Paiute Tribe
under Exhibits 13.11 and 13.12 to the Settlement Agreement.
(2) Satisfaction of water rights.--Any entitlement to water
of the San Juan Southern Paiute Tribe and the Members of the
San Juan Southern Paiute Tribe or the United States, acting as
trustee for the San Juan Southern Paiute Tribe and the Members
of the San Juan Southern Paiute Tribe, for San Juan Southern
Paiute Land shall be satisfied out of the water resources and
other benefits granted, confirmed, quantified, or recognized by
the Settlement Agreement and this Act, to or for the San Juan
Southern Paiute Tribe and the Members of the San Juan Southern
Paiute Tribe and the United States, acting as trustee for the
San Juan Southern Paiute Tribe and the Members of the San Juan
Southern Paiute Tribe.
(3) No right established.--Notwithstanding paragraphs (1)
and (2), nothing in the Settlement Agreement or this Act
recognizes or establishes any right of a Member of the San Juan
Southern Paiute Tribe to water on the San Juan Southern Paiute
Southern Area.
SEC. 16. ENFORCEABILITY DATE.
(a) In General.--The Settlement Agreement, including the waivers
and releases of claims described in paragraph 13 of the Settlement
Agreement and section 14, shall take effect and be fully enforceable on
the date on which the Secretary publishes in the Federal Register a
statement of findings in accordance with the following:
(1) The Settlement Agreement has been revised, through an
amendment and restatement--
(A) to eliminate any conflict between the
Settlement Agreement and this Act; and
(B) to include the executed Water Delivery
Contracts required by section 6(c) and subparagraphs
10.1.1, 10.1.2, 10.1.3, 11.1.1, and 11.1.2 as Exhibits
to the Settlement Agreement.
(2) The Settlement Agreement, as revised through an
amendment and restatement pursuant to paragraph (1), has been
signed by not fewer than 30 of the Parties who executed the
Settlement Agreement, making the Settlement Agreement
effective, including--
(A) the United States, acting through the
Secretary;
(B) the Navajo Nation;
(C) the Hopi Tribe;
(D) the San Juan Southern Paiute Tribe;
(E) the State;
(F) the Arizona State Land Department;
(G) the Central Arizona Water Conservation
District;
(H) the Salt River Project Agricultural Improvement
and Power District; and
(I) the Salt River Valley Water Users' Association.
(3) Any Exhibit to the Settlement Agreement requiring
execution by any Party has been executed by the required Party.
(4) The waivers and releases of claims described in
paragraph 13 of the Settlement Agreement and section 14 have
been executed by the United States, Navajo Nation, Hopi Tribe,
San Juan Southern Paiute Tribe, the State, and the other
Parties.
(5) $5,000,000,000 has been authorized, appropriated, and
deposited in the designated accounts pursuant to section 13.
(6) The LCR Decree has been approved by the LCR
Adjudication Court substantially in the form of the judgment
and decree attached as Exhibit 3.1.82 to the Settlement
Agreement, as amended to ensure consistency with this Act.
(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 as Exhibit 3.1.47 to the
Settlement Agreement, as amended to ensure consistency with
this Act.
(8) The San Juan Southern Paiute Tribe and the Navajo
Tribal Utility Authority have executed a water services
agreement to deliver municipal water to the San Juan Southern
Paiute Tribe and its members.
(9) Each of the Navajo Nation, the Hopi Tribe, and the San
Juan Southern Paiute Tribe have executed the tribal resolution
described in subsections (a)(2), (b)(2), and (c)(2) of section
18, respectively, consenting to the limited waiver of sovereign
immunity from suit in the circumstances described in that
section.
(b) Failure to Satisfy Conditions.--
(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 June 30, 2035, or
such alternative later date as may be agreed to by the Navajo
Nation, the Hopi Tribe, the San Juan Southern Paiute Tribe, the
Secretary, and the State--
(A) this Act is repealed;
(B) any action taken by the Secretary and any
contract or agreement entered into pursuant to this Act
shall be void;
(C) the United States shall be entitled to offset
any Federal amounts made available under section
13(a)(2)(B) that were used under that section against
any claims asserted by the Tribes against the United
States; and
(D) any amounts appropriated under section 13,
together with any investment earnings on those amounts,
less any amounts expended under section 9, shall revert
immediately to the general fund of the Treasury.
(2) Continued existence of the san juan southern paiute
reservation.--
(A) In general.--Section 19 becomes effective on
the date of enactment of this Act.
(B) Continued effectiveness.--Notwithstanding
paragraph (1), if the Secretary fails to publish in the
Federal Register a statement of findings under that
paragraph by June 30, 2035, or such alternative later
date as may be agreed to by the Tribes, the Secretary
and the State, section 19 shall remain in effect.
SEC. 17. COLORADO RIVER ACCOUNTING.
(a) Accounting for the Type of Water Delivered.--
(1) Navajo nation cibola water; navajo nation fourth
priority water.--All deliveries of Navajo Nation Cibola Water
and Navajo Nation Fourth Priority Water effected by the
diversion of water from the San Juan River or from the Colorado
River above Lee Ferry shall be accounted for as deliveries of
Arizona Lower Basin Colorado River Water.
(2) Hopi tribe cibola water.--All deliveries of Hopi Tribe
Cibola Water effected by the diversion of water from the
Colorado River above Lee Ferry shall be accounted for as
deliveries of Arizona Lower Basin Colorado River Water.
(3) Navajo nation upper basin colorado river water.--All
deliveries of Navajo Nation Upper Basin Colorado River Water
effected by diversion of water from the Upper Basin in the
State, New Mexico, or Utah shall be accounted for as deliveries
of Arizona Upper Basin Colorado River Water.
(4) Hopi tribe upper basin colorado river water.--All
deliveries of Hopi Tribe Upper Basin Colorado River Water
effected by diversion of water from the Upper Basin in the
State shall be accounted for as deliveries of Arizona Upper
Basin Colorado River Water.
(5) Upper basin colorado river water.--All deliveries of
Upper Basin Colorado River Water leased by either the Navajo
Nation or the Hopi Tribe, whether effected by a diversion of
water from the Upper Basin or the Lower Basin, shall be
accounted for as deliveries of Arizona Upper Basin Colorado
River Water.
(6) Lower basin colorado river water.--All deliveries of
Lower Basin Colorado River Water leased by the Navajo Nation or
the Hopi Tribe, whether effected by a diversion of water from
the Upper Basin or the Lower Basin, shall be accounted for as
deliveries of Arizona Lower Basin Colorado River Water.
(b) Special Accounting Rules for Lower Basin Colorado River Water
as Lower Basin Use in Arizona, Regardless of Point of Diversion or
Place of Use.--Notwithstanding section 10603(c)(2)(A) of the
Northwestern New Mexico Rural Water Projects Act (Public Law 111-11;
123 Stat. 1384), all Navajo Nation Cibola Water, Navajo Nation Fourth
Priority Water, and Hopi Tribe Cibola Water delivered to and
consumptively used by the Navajo Nation, the Hopi Tribe, or their
lessees pursuant to the Settlement Agreement shall be--
(1) accounted for as if such Use had occurred in the Lower
Basin, regardless of the point of diversion or place of Use;
(2) credited as water reaching Lee Ferry pursuant to
articles III(c) and III(d) of the Colorado River Compact;
(3) charged against the consumptive use apportionment made
to the Lower Basin by article III(a) of the Colorado River
Compact; and
(4) accounted for as part of and charged against the
2,800,000 acre-feet of Colorado River Water apportioned to the
State in article II(B)(1) of the Decree.
(c) Limitation.--Notwithstanding subsections (a) and (b), no water
diverted by the Navajo-Gallup Water Supply Project shall be accounted
for as provided in those subsections until such time as the Secretary
has developed and, as necessary and appropriate, modified, in
consultation with the State, the Upper Basin Colorado River Commission,
and the Governors' representatives on Colorado River Operations from
each State signatory to the Colorado River Compact, all operational and
decisional criteria, policies, contracts, guidelines, or other
documents that control the operations of the Colorado River System
reservoirs and diversion works, so as to adjust, account for, and
offset the diversion of water apportioned to the State, pursuant to the
Boulder Canyon Project Act (43 U.S.C. 617 et seq.), from a point of
diversion on the San Juan River in New Mexico, subject to the
conditions that--
(1) all modifications shall be consistent with section
10603(c) of the Northwestern New Mexico Rural Water Projects
Act (Public Law 111-11; 123 Stat. 1384), as modified by this
subsection; and
(2) the modifications made pursuant to this subsection
shall only be applicable for the duration of any such
diversions pursuant to section 10603(c)(2)(B) of the
Northwestern New Mexico Rural Water Projects Act (Public Law
111-11; 123 Stat. 1385) and this Act.
SEC. 18. LIMITED WAIVER OF SOVEREIGN IMMUNITY.
(a) Limited Waiver by the Navajo Nation and the United States
Acting as Trustee for the Navajo Nation and Navajo Allottees.--
(1) In general.--The Navajo Nation, and the United States
acting as trustee for the Navajo Nation and Navajo Allottees,
may be joined in any action brought in any circumstance
described in paragraph (3), and any claim by the Navajo Nation
and the United States to sovereign immunity from any such
action is waived.
(2) Navajo nation consent.--By resolution No. CMY-26-24 and
dated May 24, 2024, the Navajo Nation Council has affirmatively
consented to the limited waiver of sovereign immunity from suit
in any circumstance described in paragraph (3), notwithstanding
any provision of the Navajo Nation Code or any other Navajo
Nation law.
(3) Circumstances described.--A circumstance referred to in
paragraphs (1) and (2) is any of the following:
(A) Any party to the Settlement Agreement--
(i) brings an action in any court of
competent jurisdiction relating only and
directly to the interpretation or enforcement
of--
(I) this Act; or
(II) the Settlement Agreement;
(ii) names the Navajo Nation, or the United
States acting as trustee for the Navajo Nation
or Navajo Allottees, as a party in that action;
and
(iii) does not include any request for
award against the Navajo Nation, or the United
States acting as trustee for the Navajo Nation
or Navajo Allottees, for money damages, court
costs, or attorney fees.
(B) Any landowner or water user in the LCR
Watershed or the Gila River Watershed--
(i) brings an action in any court of
competent jurisdiction relating only and
directly to the interpretation or enforcement
of--
(I) paragraph 13 of the Settlement
Agreement;
(II) the LCR Decree or the Gila
River Adjudication Decree; or
(III) section 14;
(ii) names the Navajo Nation, or the United
States acting as trustee for the Navajo Nation
or Navajo Allottees, as a party in that action;
and
(iii) does not include any request for
award against the Navajo Nation, or the United
States acting as trustee for the Navajo Nation
or Navajo Allottees, for money damages, court
costs or attorney fees.
(b) Limited Waiver by the Hopi Tribe and the United States Acting
as Trustee for the Hopi Tribe and Hopi Allotees.--
(1) In general.--The Hopi Tribe, and the United States
acting as trustee for the Hopi Tribe and Hopi Allottees, may be
joined in any action brought in any circumstance described in
paragraph (3), and any claim by the Hopi Tribe and the United
States to sovereign immunity from any such action is waived.
(2) Hopi tribe consent.--By resolution No. H-035-2024 and
dated May 20, 2024, the Hopi Tribal Council has affirmatively
consented to the limited waiver of sovereign immunity from suit
in any circumstance described in paragraph (3), notwithstanding
any provision of the Hopi Tribal Code or any other Hopi Tribe
law.
(3) Circumstances described.--A circumstance referred to in
paragraphs (1) and (2) is any of the following:
(A) Any party to the Settlement Agreement--
(i) brings an action in any court of
competent jurisdiction relating only and
directly to the interpretation or enforcement
of--
(I) this Act; or
(II) the Settlement Agreement;
(ii) names the Hopi Tribe or the United
States, acting as trustee for the Hopi Tribe or
Hopi Allottees, as a party in that action; and
(iii) does not include any request for
award against the Hopi Tribe, or the United
States acting as trustee for the Hopi Tribe or
Hopi Allottees, for money damages, court costs,
or attorney fees.
(B) Any landowner or water user in the LCR
Watershed--
(i) brings an action in any court of
competent jurisdiction relating only and
directly to the interpretation or enforcement
of--
(I) paragraph 13 of the Settlement
Agreement;
(II) the LCR Decree; or
(III) section 14;
(ii) names the Hopi Tribe, or the United
States acting as trustee for the Hopi Tribe or
Hopi Allottees, as a party in that action; and
(iii) does not include any request for
award against the Hopi Tribe, or the United
States acting as trustee for the Hopi Tribe or
Hopi Allottees, for money damages, court costs,
or attorney fees.
(c) Limited Waiver by the San Juan Southern Paiute Tribe and the
United States Acting as Trustee for the San Juan Southern Paiute
Tribe.--
(1) In general.--The San Juan Southern Paiute Tribe and the
United States acting as trustee for the San Juan Southern
Paiute Tribe may be joined in any action brought in any
circumstance described in paragraph (3), and any claim by the
San Juan Southern Paiute Tribe and the United States to
sovereign immunity from any such action is waived.
(2) San juan southern paiute tribe consent.--By resolution
No. 2024-040, dated May 23, 2024, the San Juan Southern Paiute
Tribal Council has affirmatively consented to the limited
waiver of sovereign immunity from suit in any circumstance
described in paragraph (3), notwithstanding any provision of
the San Juan Southern Paiute Tribal Code or any other San Juan
Southern Paiute Tribal law.
(3) Circumstances described.--A circumstance referred to in
paragraphs (1) and (2) is any of the following:
(A) Any party to the Settlement Agreement--
(i) brings an action in any court of
competent jurisdiction relating only and
directly to the interpretation or enforcement
of--
(I) this Act; or
(II) the Settlement Agreement;
(ii) names the San Juan Southern Paiute
Tribe or the United States acting as trustee
for the San Juan Southern Paiute Tribe as a
party in that action; and
(iii) does not include any request for
award against the San Juan Southern Paiute
Tribe, or the United States acting as trustee
for the San Juan Southern Paiute Tribe, for
money damages, court costs, or attorney fees.
(B) Any landowner or water user in the LCR
Watershed--
(i) brings an action in any court of
competent jurisdiction relating only and
directly to the interpretation or enforcement
of--
(I) paragraph 13 of the Settlement
Agreement;
(II) the LCR Decree; or
(III) section 14;
(ii) names the San Juan Southern Paiute
Tribe or the United States acting as trustee
for the San Juan Southern Paiute Tribe as a
party in that action; and
(iii) does not include any request for
award against the San Juan Southern Paiute
Tribe, or the United States acting as trustee
for the San Juan Southern Paiute Tribe, for
money damages, court costs, or attorney fees.
SEC. 19. RATIFICATION OF THE TREATY AND CREATION OF THE SAN JUAN
SOUTHERN PAIUTE RESERVATION.
(a) Ratification and Approval of the Treaty.--The Treaty and the
Treaty Addendum are hereby approved, ratified, and confirmed.
(b) Approval of the Secretary.--
(1) In general.--The Secretary is authorized and directed--
(A) to approve and execute the Treaty and the
Treaty Addendum, except that the specific findings
stated under the heading ``APPROVAL'' shall not be
binding on the Secretary; and
(B) to take all steps necessary to implement the
Treaty and this Act.
(2) Approval and execution of amendments.--The Secretary is
delegated the authority, without a further Act of Congress, to
approve and execute amendments to the Treaty agreed to by the
Navajo Nation and the San Juan Southern Paiute Tribe.
(c) Lands Proclaimed a Reservation for the San Juan Southern Paiute
Tribe.--
(1) In general.--All right, title, and interest, including
Water Rights, to the approximately 5,400 acres of land within
the Navajo Indian Reservation that are described in the Treaty
as the San Juan Paiute Northern Area and the San Juan Paiute
Southern Paiute Area are hereby proclaimed as the San Juan
Southern Paiute Reservation and such land shall be held by the
United States in trust as a reservation for the exclusive
benefit of the San Juan Southern Paiute Tribe, subject to the
rights of access under subsection (d).
(2) No appraisal or valuation.--Notwithstanding any other
provision law, no appraisal or other valuation shall be
required to carry out this subsection.
(d) Rights of Access and Easements.--The Navajo Reservation and the
San Juan Southern Paiute Reservation shall be subject to the rights of
access and easements as identified in the Treaty.
(e) Surveying and Fencing of Land.--
(1) Requirement.--The Secretary shall--
(A) as soon as practicable after the date of
enactment of this Act, complete a survey and legal
description of the boundary lines to establish the
boundaries of the San Juan Southern Paiute Reservation;
(B) officially file the survey plat in the
appropriate office of the Department of the Interior;
(C) mark and fence the lands as described in
article V of the Treaty, where feasible; and
(D) study the feasibility of an access road to the
San Juan Paiute Southern Area from U.S. Route 89, as
described in article XI of the Treaty.
(2) Legal description.--
(A) In general.--The legal descriptions published
in accordance with subparagraph (B) shall--
(i) be considered the official legal
description of the San Juan Southern Paiute
Reservation; and
(ii) have the same force and effect as if
included in this Act.
(B) Publication.--On completion of the surveys
under paragraph (1)(A), the Secretary shall publish in
the Federal Register a legal description of the land
comprising the San Juan Southern Paiute Reservation.
(C) Corrections.--The Secretary may make minor
corrections to correct technical and clerical errors in
the legal descriptions.
(f) Repeal of Paiute Allotment Procedures.--Section 9 of Public Law
93-531 (88 Stat. 1716) is repealed.
(g) Publication; Jurisdiction.--
(1) Publication.--In accordance with article VI of the
Treaty, the Secretary shall publish in the Federal Register
separate notices of completion or boundary marking of--
(A) the San Juan Paiute Northern Area; and
(B) the San Juan Paiute Southern Area.
(2) Jurisdiction.--On publication in the Federal Register
under subparagraph (A) or (B) of paragraph (1)--
(A) the San Juan Southern Paiute Tribe shall have
full jurisdiction over all matters within that area of
the San Juan Southern Paiute Reservation to the fullest
extent permitted by Federal law; and
(B) the Navajo Nation shall not have jurisdiction
over matters occurring within that area of the San Juan
Southern Paiute Reservation except as agreed to by the
Navajo Nation and the San Juan Southern Paiute Tribe.
SEC. 20. ANTIDEFICIENCY; SAVINGS PROVISIONS; EFFECT.
(a) No Quantification or Effect on Rights of Other Indian Tribes or
the United States on Their Behalf.--Except as provided in paragraph 8.3
of the Settlement Agreement, nothing in this Act--
(1) quantifies or otherwise affects the Water Rights, or
claims or entitlements to water or to Upper Basin Colorado
River Water or Lower Basin Colorado River Water, of any Indian
Tribe, band, or community, other than the Navajo Nation, the
Hopi Tribe, or the San Juan Southern Paiute Tribe; or
(2) affects the ability of the United States to take action
on behalf of any Indian Tribe, nation, band, community, or
allottee, other than the Navajo Nation, the Hopi Tribe and the
San Juan Southern Paiute Tribe, their members, Navajo
Allottees, Hopi Allottees, and Public Domain Allottees.
(b) No Quantification of Water Rights of Public Domain Allottees.--
Nothing in this Act--
(1) quantifies or adjudicates any Water Right or any claim
or entitlement to water of a Public Domain Allottee, or
precludes the United States, acting as trustee for Public
Domain Allottees, from making claims for Water Rights in the
State that are consistent with the claims described in Exhibit
3.1.132B to the Settlement Agreement; or
(2) except as provided in subparagraphs 8.2.3, 8.4.7, and
15.2.3.4 of the Settlement Agreement, affects the ability of
the United States to take action on behalf of Public Domain
Allottees.
(c) Antideficiency.--Notwithstanding any authorization of
appropriations to carry out this Act, the United States shall not be
liable for any failure of the United States to carry out any obligation
or activity authorized by this Act, including all agreements or
exhibits ratified or confirmed by this Act, if adequate appropriations
are not provided expressly by Congress to carry out the purposes of
this Act.
(d) No Modification or Preemption of Other Laws.--Unless expressly
provided in this Act, nothing in this Act modifies, conflicts with,
preempts, or otherwise affects--
(1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
(2) the Boulder Canyon Project Adjustment Act (54 Stat.
774, chapter 643);
(3) the Act of April 11, 1956 (commonly known as the
``Colorado River Storage Project Act'') (43 U.S.C. 620 et
seq.);
(4) the Colorado River Basin Project Act (43 U.S.C. 1501 et
seq.);
(5) the Treaty between the United States of America and
Mexico, done at Washington February 3, 1944 (59 Stat. 1219);
(6) the Colorado River Compact;
(7) the Upper Colorado River Basin Compact of 1948;
(8) the Omnibus Public Land Management Act of 2009 (Public
Law 111-11; 123 Stat. 991); or
(9) case law relating to Water Rights in the Colorado River
System other than any case to enforce the Settlement Agreement
or this Act.
(e) No Precedent.--Nothing in this Act establishes a precedent for
any type of transfer of Colorado River System water between the Upper
Basin and the Lower Basin.
(f) Unique Situation.--Diversions through the iina ba - paa
tuwaqat'si pipeline and the Navajo-Gallup Water Supply Project
facilities consistent with this Act address critical Tribal and non-
Indian water supply needs under unique circumstances, which include,
among other things--
(1) the intent to benefit a number of Indian Tribes;
(2) the Navajo Nation's location in the Upper Basin and the
Lower Basin;
(3) the intent to address critical Indian and non-Indian
water needs in the State;
(4) the lack of other reasonable alternatives available for
developing a firm, sustainable supply of municipal water for
the Navajo Nation, the Hopi Tribe, and the San Juan Southern
Paiute Tribe in the State; and
(5) the limited volume of water to be diverted by the iina
ba - paa tuwaqat'si pipeline and Navajo-Gallup Water Supply
Project to supply municipal Uses in the State.
(g) Efficient Use.--The diversions and Uses authorized for the iina
ba - paa tuwaqat'si pipeline under this Act represent unique and
efficient Uses of Colorado River apportionments in a manner that
Congress has determined would be consistent with the obligations of the
United States to the Navajo Nation and the Hopi Tribe.
(h) No Effect on Enforcement of Environmental Laws.--Nothing in
this Act precludes the United States from enforcing the requirements
of--
(1) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) (including
claims for damages to natural resources);
(2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(4) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
(commonly known as the ``Resource Conservation and Recovery Act
of 1976''); or
(5) the implementing regulations of those Acts.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Wildlife, and Fisheries.
Subcommittee Hearings Held
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