No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8949 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8949
To approve the settlement of water rights claims of the Yavapai-Apache
Nation in the State of Arizona, to authorize construction of a water
project relating to those water rights claims, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 8, 2024
Mr. Schweikert (for himself, Mrs. Lesko, Mr. Ciscomani, and Mr.
Stanton) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To approve the settlement of water rights claims of the Yavapai-Apache
Nation in the State of Arizona, to authorize construction of a water
project relating to those water rights claims, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Yavapai-Apache
Nation Water Rights Settlement Act of 2024''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes and findings.
Sec. 3. Definitions.
TITLE I--YAVAPAI-APACHE NATION WATER RIGHTS SETTLEMENT AGREEMENT
Sec. 101. Ratification and execution of the Yavapai-Apache Nation Water
Rights Settlement Agreement.
Sec. 102. Water rights.
Sec. 103. Tu nl[[nichoh Water Infrastructure Project.
Sec. 104. Tu nl[[nichoh Water Infrastructure Project Fund.
Sec. 105. Yavapai-Apache Nation Water Settlement Trust Fund.
Sec. 106. Gaging station.
Sec. 107. Funding.
Sec. 108. Waivers, releases and retentions of claims.
Sec. 109. Satisfaction of water rights and other benefits; effect on
members of the Yavapai-Apache Nation and
Dinah Hood Allotment.
Sec. 110. Trust land.
Sec. 111. Yavapai-Apache Nation Cap Water.
Sec. 112. Enforceability date.
Sec. 113. Administration.
Sec. 114. Miscellaneous.
TITLE II--YAVAPAI-APACHE LAND EXCHANGE
Sec. 201. Yavapai-Apache land exchange.
Sec. 202. Town of Camp Verde and Forest Service.
SEC. 2. PURPOSES AND FINDINGS.
The purposes of this Act are--
(1) to resolve, fully and finally, all claims to rights to
water, including damages claims related to water, in the State,
including in the Verde River Watershed and the Colorado River,
of--
(A) the Yavapai-Apache Nation, on behalf of the
Yavapai-Apache Nation and the Members of the Yavapai-
Apache Nation (but not Members in the capacity of the
Members as Allottees);
(B) the United States, acting as trustee for the
Yavapai-Apache Nation and the Members of the Yavapai-
Apache Nation (but not Members in the capacity of the
Members as Allottees);
(2) to authorize, ratify, and confirm the Yavapai-Apache
Nation Water Rights Settlement Agreement, to the extent that
agreement is consistent with this Act;
(3) to authorize and direct the Secretary to execute and
perform the duties and obligations of the Secretary under the
Yavapai-Apache Nation Water Rights Settlement Agreement and
this Act;
(4) to authorize the appropriation of funds necessary to
carry out the Yavapai-Apache Nation Water Rights Settlement
Agreement and this Act; and
(5) to recognize the important cultural, traditional and
religious value of the Verde River to the Yavepe (Yavapai) who
know the Verde River as Hatayakehela (``big river''), and to
the Dilzhef" (Apache) who know the Verde River as Tu nl[[nichoh
(``big water flowing''), and to protect the existing flows of
the Verde River, including flood flows, as described in the
Agreement and this Act, on the Yavapai-Apache Reservation, now
and in the future.
SEC. 3. DEFINITIONS.
In this Act:
(1) Afy.--The term ``AFY'' means acre-feet per Year.
(2) Agreement.--The term ``Agreement'' means (A) the
Yavapai-Apache Nation Water Rights Settlement Agreement dated
June 26, 2024; and (B) any amendment or exhibit (including
exhibit amendments) to the Agreement that are (i) made in
accordance with the Act, or (ii) otherwise approved by the
Secretary and the Parties to the Agreement.
(3) Allottee.--The term ``Allottee'' means (A) an
individual Indian holding an undivided fractional beneficial
interest in the Dinah Hood Allotment; or (B) an Indian Tribe
holding an undivided fractional beneficial interest in the
Dinah Hood Allotment.
(4) Arizona water banking authority.--The term ``Arizona
Water Banking Authority'' means the Arizona Water Banking
Authority, formed pursuant to A.R.S. Sec. Sec. 45-2401 et seq.
(5) Available cap supply.--The term ``Available CAP
Supply'' means for any Year (A) all Fourth Priority River Water
available for delivery through the CAP; (B) water available
from CAP dams and reservoirs other than the Modified Roosevelt
Dam; and (C) return flows captured by the Secretary for CAP
use.
(6) Bureau of reclamation.--The term ``Bureau of
Reclamation'' means the United States Bureau of Reclamation.
(7) Cap or central arizona project.--The term ``CAP'' or
``Central Arizona Project'' means the reclamation project
authorized and constructed by the United States in accordance
with Title III of the Colorado River Basin Project Act (43
U.S.C. Sec. 1521 et seq.).
(8) Cap contract.--The term ``CAP Contract'' means a long-
term contract (as defined in the CAP Repayment Stipulation)
with the United States for delivery of CAP Water through the
CAP System.
(9) Cap contractor.--
(A) In general.--The term ``CAP Contractor'' means
a person or entity that has entered into a CAP
Contract.
(B) Inclusion.--The term ``CAP Contractor''
includes the Yavapai-Apache Nation.
(10) Cap fixed om&r charge.--The term ``CAP Fixed OM&R
Charge'' has the meaning given the term ``Fixed OM&R Charge''
in the CAP Repayment Stipulation.
(11) Cap indian priority water.--The term ``CAP Indian
Priority Water'' means water within the Available CAP Supply
having an Indian delivery priority.
(12) Cap operating agency.--The term ``CAP Operating
Agency'' means--
(A) the 1 or more entities authorized to assume
responsibility for the care, operation, maintenance and
replacement of the CAP System; and
(B) as of the date of enactment of this Act, is
CAWCD.
(13) Cap pumping energy charge.--The term ``CAP Pumping
Energy Charge'' means the term ``Pumping Energy Charge'' in the
CAP Repayment Stipulation.
(14) Cap repayment contract.--The term ``CAP Repayment
Contract'' means--
(A) the contract dated December 1, 1988 (Contract
No. 14-06-W-245, Amendment No. 1), between the United
States and the Central Arizona Water Conservation
District for the Delivery of Water and Repayment of
Costs of the CAP; and
(B) any amendment to, or revision of, that
contract.
(15) Cap repayment stipulation.--The term ``CAP Repayment
Stipulation'' means the Stipulated Judgment and the Stipulation
for Judgment, including any exhibits to those documents,
entered on November 21, 2007, in the United States District
Court for the District of Arizona in the consolidated civil
action Central Arizona Water Conservation District v. United
States, et al., numbered CIV 95-625-TUC-WDB-EHC and CIV 95-
1720-PHX-EHC.
(16) CAPSA.--The term ``CAPSA'' means the Central Arizona
Project Settlement Act of 2004, Title I of the Arizona Water
Settlements Act, P.L. 108-451, 118 Stat. 3478 (2004).
(17) Cap subcontract.--The term ``CAP Subcontract'' means a
long-term subcontract (as defined in the CAP Repayment
Stipulation) with the United States and the Central Arizona
Water Conservation District for the delivery of CAP water
through the CAP System.
(18) Cap subcontrator.--The term ``CAP Subcontractor''
means a person or entity that has entered into a CAP
Subcontract.
(19) Cap system.--The term ``CAP System'' means--
(A) the Mark Wilmer Pumping Plant;
(B) the Hayden-Rhodes Aqueduct;
(C) the Fannin-McFarland Aqueduct;
(D) the Tucson Aqueduct;
(E) any pumping plant or appurtenant work of a
feature described in (A), (B), (C), or (D); and
(F) any extension of, addition to, or replacement
of a feature described in Subparagraph (A), (B), (C),
(D), or (E).
(20) Cap system use agreement.--The term ``CAP System Use
Agreement'' means that certain Central Arizona Project System
Use Agreement dated February 2, 2017, between the United States
of America and the Central Arizona Water Conservation District.
(21) Cap water.--The term ``CAP Water'' has the meaning
given the term ``Project Water'' in the CAP Repayment
Stipulation.
(22) CAWCD.--The term ``CAWCD'' means the political
subdivision of the State that is the contractor under the CAP
Repayment Contract and is the CAP Operating Agency as of the
date of enactment of the Act.
(23) C.C. cragin dam and reservoir.--
(A) The term ``C.C. Cragin Dam and Reservoir''
means--
(i) the C.C. Cragin Dam and Reservoir
located on East Clear Creek in Coconino County,
Arizona, owned by the United States and
operated by the Salt River Project Agricultural
Improvement and Power District;
(ii) associated facilities located in Gila
and Coconino Counties, Arizona, including
pipelines, tunnels, buildings, hydroelectric
generating facilities and other structures of
every kind; transmission, telephone and fiber
optic lines; pumps, machinery, tools and
appliances; and
(iii) all real or personal property,
appurtenant to or used, or constructed or
otherwise acquired to be used, in connection
with the C.C. Cragin Dam and Reservoir.
(B) Exclusion.--The term ``C.C. Cragin Dam and
Reservoir'' does not include the Cragin-Verde Pipeline
Project.
(24) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Reclamation.
(25) Cragin capital costs.--The term ``Cragin Capital
Costs'' means all costs incurred by SRP for the acquisition and
improvement of land, facilities, equipment, and inventories
related to the C.C. Cragin Dam and Reservoir, which shall
include: labor, overhead, materials, supplies, spare parts,
equipment purchase and rental, and transportation. Prior to May
1, 2009, all expenses incurred by SRP are accrued as Cragin
Capital Costs excluding capital costs of the SRP-Cragin Pumping
System.
(26) Cragin o&m costs.--The term ``Cragin O&M Costs'' means
all costs incurred by SRP for the operation and maintenance of
all C.C. Cragin facilities, except for those costs defined as
Cragin Capital Costs. Such costs shall include costs for the
following items: insurance, inspections, permits, taxes, fees,
licenses, contract services, legal services, accounting,
travel, environmental compliance, repairs, testing, labor,
salaries, overhead, materials, supplies, expenses, equipment,
vehicles, energy, fuel, and any cost borne by SRP prior to the
assumption of care, operation, and maintenance of the Cragin-
Verde Pipeline Project by SRP from the United States pursuant
to the 1917 Agreement, excluding O&M Costs and A&G Costs of
SRP-Cragin Pumping System as defined in the YAN-SRP Water
Delivery and Use Agreement.
(27) Cragin-verde pipeline project.--The term ``Cragin-
Verde Pipeline Project'' means the water infrastructure project
under the Tu nl[[nichoh Water Infrastructure Project, as
described in section 103(b) of this Act, which will deliver
water from the C.C. Cragin Dam and Reservoir to the Yavapai-
Apache Nation, and to other beneficiaries in accordance with
section 114(a) of the Act.
(28) Cap/srp interconnection facility.--The term ``CAP/SRP
Interconnection Facility'' means the interconnection facility
that connects the Hayden-Rhodes Aqueduct of the CAP System to
SRP's water delivery system.
(29) Date of substantial completion.--The term ``Date of
Substantial Completion'' means the date described in section
103(d).
(30) Depletion or deplete.--The term ``Depletion'' or
``Deplete'' means the amount of Water Diverted less return
flows to the Verde River Watershed.
(31) Dinah hood allotment.--The term ``Dinah Hood
Allotment'' means the tract of land allotted pursuant to
Section 4 of the General Allotment Act of 1887, 24 Stat. 389,
ch. 119 (formerly codified at 25 U.S.C. Sec. 334) that is held
in trust by the United States for the benefit of Allottees
under patent number 926562, as described and depicted in
Exhibit 2.37 to the Agreement.
(32) Diversion.--The term ``Diversion'' means an act to
Divert.
(33) Divert or diverting.--The term ``Divert'' or
``Diverting'' means to receive, withdraw or develop and produce
or capture Water (A) using a ditch, canal, flume, bypass,
pipeline, pit, collection or infiltration gallery, conduit,
well, pump, turnout, dam, or any other mechanical device; or
(B) by any other human act.
(34) Domestic use.--The term ``Domestic Use'' means, for
purposes of Paragraph 13.0 of the Agreement and section 108 of
this Act, a Use of Water serving a residence, or multiple
residences up to a maximum of three residential connections,
for household purposes with associated irrigation of lawns,
gardens or landscape in an amount of not more than one-half
acre per residence. Domestic Use does not include the Use of
Water delivered to a residence or multiple residences by a
city, town, private water company, irrigation provider or
special taxing district established pursuant to Title 48,
Arizona Revised Statutes.
(35) Effective date.--The term ``Effective Date'' means the
date that the Agreement is signed by all of the Parties, other
than the United States.
(36) 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 in
accordance with applicable law and the Agreement, regardless of
whether the water has been treated to improve the quality of
the water.
(37) Enforceability date.--The term ``Enforceability Date''
means the date described in section 112.
(38) Exchange.--The term ``Exchange'' means a trade between
1 or more persons or entities, of any water for any other
water, if each person or entity has a right or claim to use the
water the person or entity provides in the trade, regardless of
whether the water is traded in equal quantities or other
consideration is included in the trade.
(39) Federal land.--The term ``Federal Land'' means the
land described in section 201(a)(5).
(40) Forest service.--The term ``Forest Service'' means the
United States Forest Service.
(41) 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 subsequent
to September 30, 1968, for use on Federal, State, or privately
owned lands in the State, in a total quantity not to exceed
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.
(42) Gila river adjudication proceedings.--The term ``Gila
River Adjudication Proceedings'' 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).
(43) 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 Proceedings.
(44) Groundwater.--The term ``Groundwater'' means all water
beneath the surface of the Earth within the State that is not--
(A) Surface Water; (B) Effluent; or (C) Colorado River Water.
(45) Impoundment.--The term ``Impoundment'' means any
human-made permanent body of water on the surface of the Earth,
including Stockponds, lakes, Effluent ponds, open-air water
storage tanks, irrigation ponds, and gravel pits. For purposes
of the Agreement and this Act, the term Impoundment does not
include recharge basins or swimming pools.
(46) Indian tribe.--The term ``Indian Tribe'' shall have
the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(47) 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) Inclusion.--The term ``Injury to Water Rights''
includes a change in the Groundwater table and any
effect of such a change.
(C) Exclusion.--The term ``Injury to Water Rights''
does not include any injury to water quality.
(48) Interim period.--The term ``Interim Period'' means the
period beginning on the Effective Date and ending on the Date
of Substantial Completion.
(49) Lease agreement.--The term ``Lease Agreement'' means
any agreement entered into between the Yavapai-Apache Nation,
the Secretary, and any other person or entity pursuant to the
agreement.
(50) Leased water.--The term ``Leased Water'' means the YAN
CAP Water that is leased pursuant to a Lease Agreement.
(51) M&I use.--The term ``M&I Use'' or ``M&I Uses'' means
the Use of Water for domestic, municipal, industrial, and
commercial purposes.
(52) Maximum annual depletion amount.--The term ``Maximum
Annual Depletion Amount'' means the maximum amount of Water
Depleted per Year for each Water Right set forth in
Subparagraph 4.1 of the Agreement.
(53) Maximum annual diversion amount.--The term ``Maximum
Annual Diversion Amount'' means the maximum amount of Water
Diverted per Year for each Water Right set forth Subparagraph
4.1 the Agreement.
(54) Member.--The term ``Member'' means any person duly
enrolled as a member of the Yavapai-Apache Nation.
(55) Municipal water provider.--The term ``Municipal Water
Provider'' means a city, town, private water company, specially
designated homeowners association, or any special taxing
district established pursuant to Title 48 of the Arizona
Revised Statutes that supplies water for M&I Use.
(56) Non-federal land.--The term ``Non-Federal Land'' means
the land described in section 201(a)(4).
(57) OM&R.--The term ``OM&R'' means--(A) any recurring or
ongoing activity relating to the day-to-day operation of a
project; (B) any activity relating to scheduled or unscheduled
maintenance of a project; and (C) any activity relating to
replacing a feature of a project.
(58) Party.--The term ``Party'' means a person or entity
that is a signatory to the Agreement. The participation of the
State as a Party shall be as described in Subparagraph 17.5 in
the Agreement. The United States participation as a Party shall
be in the capacity as described in Subparagraph 2.80 of the
Agreement.
(59) Public water system.--The term ``Public Water System''
means a water system that--(A) provides water for human
consumption through pipes or other constructed conveyances; and
(B) has at least fifteen service connections or regularly
serves an average of at least twenty-five persons daily for at
least sixty days a year.
(60) Replacement well.--The term ``Replacement Well'' means
a well that--(A) is constructed to replace a well in existence
on the Effective Date; (B) is located no more than 660 feet
from the well being replaced; and (C) has a pumping capacity
and case diameter that do not exceed the pumping capacity and
case diameter of the well being replaced.
(61) Secretary.--The term ``Secretary'' means the Secretary
of the United States Department of the Interior or the
Secretary's designee.
(62) SRP.--The term ``SRP'' means the Salt River Project
Agricultural Improvement and Power District, a political
subdivision of the State, and the Salt River Valley Water
Users' Association, an Arizona Territorial Corporation.
(63) SRP water.--The term ``SRP Water'' means the Water
made available in Subparagraph 8.1 of the Agreement, not to
exceed an average of 500 AFY, up to maximum of 583.86 acre-feet
in any given Year, to be stored in C.C. Cragin Reservoir,
without cost to SRP, and delivered for Use on the Reservation,
YAN Trust Land, and YAN After-Acquired Trust Land for
beneficial purposes.
(64) SRRD.--The term ``SRRD'' means the Salt River
Reservoir District as defined on December 31, 2023 in Article
IV, Section 3, of the Articles of Incorporation of the Salt
River Valley Water Users' Association.
(65) State.--The term ``State'' means the State of Arizona.
(66) Stockpond.--The term ``Stockpond'' means an on-channel
or off-channel impoundment of any size that stores water that
is appropriable under Title 45, Arizona Revised Statutes, and
that is for the sole purpose of watering livestock and
wildlife.
(67) Stock watering use.--The term ``Stock Watering Use''
means the consumption of water by livestock and wildlife,
either: (A) directly from a naturally occurring body of water,
such as an undeveloped spring, cienega, seep, bog, lake,
depression, sink or stream; or (B) from small facilities, other
than a Stockpond, that are served by a Diversion of Water.
(68) Surface water.--The term ``Surface Water'' means all
Water that is appropriable under State law.
(69) Total maximum annual depletion amount.--The term
``Total Maximum Annual Depletion Amount'' means the total of
all Maximum Annual Depletion Amounts as described in
Subparagraph 4.1 of the Agreement.
(70) Total maximum annual diversion amount.--The term
``Total Maximum Annual Diversion Amount'' means the total of
all Maximum Annual Diversion Amounts as described in
Subparagraph 4.1 of the Agreement.
(71) Tu nl]]nichoh water infrastructure project.--The term
``Tu nl[[nichoh Water Infrastructure Project'' means the water
infrastructure project including (A) the Cragin-Verde Pipeline
Project, as described in section 103(b), which will deliver
Water from the C.C. Cragin Dam and Reservoir to the Yavapai-
Apache Nation and to other beneficiaries in the Verde Valley
Watershed; and (B) the YAN Drinking Water System Project, as
described in section 103(c), which will treat and distribute
the water delivered from the Cragin-Verde Pipeline Project.
(72) Use.--The term ``Use'' means any beneficial use,
including instream flows, recharge, underground storage,
recovery or any other use recognized as beneficial under
applicable law.
(73) USGS.--The term ``USGS'' means the United States
Geological Survey.
(74) Verde river decree.--The term ``Verde River Decree''
means the decree to be entered by the Gila River Adjudication
Court adjudicating all rights to water in the Verde River
Watershed.
(75) Verde river subflow zone.--The term ``Verde River
Subflow Zone'' means the area in the Verde River Watershed
delineated by the Arizona Department of Water Resources as the
subflow zone on a map or maps that are approved by the Gila
River Adjudication Court.
(76) Verde river water.--The term ``Verde River Water''
means the Water as described in Paragraph 5.0 of the Agreement,
whether Diverted from the stream or pumped from a well.
(77) Verde river watershed.--The term ``Verde River
Watershed'' means all lands located within the surface water
drainage of the Verde River and its tributaries, depicted on
the map attached as Exhibit 2.86 to the Agreement.
(78) Water.--The term ``Water,'' when used without a
modifying adjective, means--(A) Groundwater; (B) Surface Water;
(C) Colorado River Water; (D) Effluent; or (E) CAP Water.
(79) 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.
(80) Yan after-acquired trust land.--The term ``YAN After-
Acquired Trust Land'' means lands that is taken into trust by
the United States for the benefit of the Yavapai-Apache Nation
pursuant to applicable federal law after the Enforceability
Date.
(81) Yan amended cap water delivery contract.--The term
``YAN Amended CAP Water Delivery Contract'' means--(A) the
proposed contract between the Yavapai-Apache Nation and the
United States attached as Exhibit 6.1 to the Agreement and
numbered _____; and any amendments to that contract.
(82) Yan cap water.--The term ``YAN CAP Water'' means CAP
Water to which the Yavapai-Apache Nation is entitled pursuant
to the Agreement and section 111 of this Act, and as provided
in the YAN Amended CAP Water Delivery Contract.
(83) Yan cragin water.--The term ``YAN Cragin Water'' means
that amount of the water made available in Subparagraph 8.2 of
the Agreement, not to exceed an average of 2,910.26 AFY, up to
a maximum of 3,394.06 acre-feet in any given Year, to be stored
in C.C. Cragin Dam and Reservoir, without cost to SRP, and
delivered for Use on the Yavapai-Apache Reservation, YAN Trust
Land, and YAN After-Acquired Trust Land for beneficial
purposes.
(84) Yan delivery point.--The term ``YAN Delivery Point''
means the point or points located at the end of the Cragin-
Verde Pipeline Project where Water may be delivered to the YAN
or the United States acting as trustee for the YAN pursuant to
the YAN-SRP Water Delivery and Use Agreement.
(85) Yan districts.--The term ``YAN Districts'' means (A)
the Camp Verde District; (B) the Middle Verde District; (C) the
Montezuma District; (D) the Clarkdale District; and (E) the
Rimrock District, of the Yavapai-Apache Reservation, each of
which districts is separately depicted in Exhibits 2.96A,
2.96B, 2.96C, 2.96D and 2.96E to the Agreement, and any
additions to a YAN District under applicable law.
(86) Yan drinking water system project.--The term ``YAN
Drinking Water System Project'' or ``Yavapai-Apache Drinking
Water System Project'' means the Yavapai-Apache Nation's water
treatment and water distribution system project under the Tu
nl[[nichoh Water Infrastructure Project, as described in
section 103(c) of the Act, that will treat and distribute water
delivered from the C.C. Cragin Reservoir.
(87) Yan fee land.--The term ``YAN Fee Land'' means land
that, as of the Enforceability Date, is: (A) located outside
the exterior boundaries of the Yavapai-Apache Reservation; (B)
owned in fee by the Yavapai-Apache Nation and has not been
taken into trust by the United States for the benefit of the
Yavapai-Apache Nation; and (C) described and shown in Exhibit
2.98 to the Agreement.
(88) Yan judgment.--The term ``YAN Judgment'' means the
judgment and decree entered by the Gila River Adjudication
Court as described in the Agreement.
(89) Yan land.--The term ``YAN Land'' means, collectively,
the YAN Reservation, YAN Trust Land and YAN Fee Land.
(90) Yan point of compliance.--The term ``YAN Point of
Compliance'' means the location of the Verde River proximate to
USGS gage number 09504950 identified as the ``Verde River Above
Camp Verde'' gage, located at Global Positioning System
coordinates 34.6116972, -111.8984306 within the Middle Verde
District of the Reservation.
(91) Yan pumped water.--The term ``YAN Pumped Water'' means
the Water pumped from beneath the surface of the Earth,
regardless of its legal characterization as appropriable or
non-appropriable under Federal, State or other law.
(92) Yan-srp exchange agreement.--The term ``YAN-SRP
Exchange Agreement'' means that agreement between the Nation
and SRP, as approved by the United States, in the form
substantially similar to that attached as Exhibit 6.5 to the
Agreement.
(93) Yan-srp water delivery and use agreement or yan-srp
wdua.--The term ``YAN-SRP Water Delivery and Use Agreement'' or
``YAN-SRP WDUA'' means that agreement between the Nation and
SRP, as approved by the United States, in the form
substantially similar to that attached as Exhibit 10.1 to the
Agreement.
(94) Yavapai-apache nation, yan or nation.--The term
``Yavapai-Apache Nation'', ``YAN'', or ``Nation'' means the
Yavapai-Apache Nation of the Camp Verde Indian Reservation,
Arizona, a federally recognized Indian Tribe organized pursuant
to Section 16 of the Indian Reorganization Act of June 18,
1934, 48 Stat. 987 (25 U.S.C. 5123).
(95) Yan trust land.--The term ``YAN Trust Land'' means
land that, as of the Enforceability Date, is--(A) located
outside the boundaries of the YAN Reservation; (B) held in
trust by the United States for the benefit of the YAN; and (C)
depicted on the map attached as Exhibit 2.102 to the Agreement.
(96) Yavapai-apache reservation, yan reservation or
reservation.--The term ``Yavapai-Apache Reservation'', ``YAN
Reservation'' or ``Reservation'' means the land described in
section 110(a).
(97) Year.--The term ``Year'' (A) when used in the context
of deliveries of YAN Cragin Water and SRP Water pursuant to
Paragraph 8.0 of the Agreement, means May 1 through April 30;
and (B) in all other instances, the term ``Year'' means a
calendar year.
TITLE I--YAVAPAI-APACHE NATION WATER RIGHTS SETTLEMENT AGREEMENT
SEC. 101. RATIFICATION AND EXECUTION OF THE YAVAPAI-APACHE NATION WATER
RIGHTS SETTLEMENT AGREEMENT.
(a) Ratification.--
(1) In general.--Except as modified by this Act, and to the
extent the Yavapai-Apache Nation Water Rights Settlement
Agreement does not conflict with this Act, the Agreement is
authorized, ratified, and confirmed.
(2) Amendments.--If an amendment to the Agreement,
including an amendment to any exhibit attached to the Agreement
requiring the signature or approval of the Secretary, is
executed in accordance with this Act to make the Agreement
consistent with this Act, the amendment is authorized,
ratified, and confirmed, to the extent the amendment is
consistent with this Act.
(b) Execution.--
(1) In general.--To the extent the Agreement does not
conflict with this Act, the Secretary shall execute the
Agreement, including all exhibits to, or parts of, the
Agreement requiring the signature of the Secretary.
(2) Modifications.--Nothing in this Act prohibits the
Secretary from approving any modification to the Agreement,
including any Exhibit to the 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 Agreement (including
all exhibits to the Agreement requiring the signature of the
Secretary) and this Act, the Secretary shall comply with all
applicable provisions of--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the implementing
regulations of that Act; and
(C) all other applicable Federal environmental laws
and regulations.
(2) Authorizations.--The Secretary shall--
(A) independently evaluate the documentation
prepared and submitted under paragraph (c)(1); and
(B) be responsible for the accuracy, scope, and
contents of that documentation.
(3) Effect of execution.--The execution of the Agreement by
the Secretary under this section shall not constitute a major
action for purposes of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(4) Costs.--
(A) In general.--Any costs associated with the
performance of the compliance and coordination
activities under this subsection shall be paid from
funds deposited in the Project Fund, 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.
SEC. 102. WATER RIGHTS.
(a) Confirmation of Water Rights.--
(1) In general.--The Water Rights of the Yavapai-Apache
Nation as set forth in the Yavapai-Apache Nation Water Rights
Settlement Agreement are ratified, confirmed and declared to be
valid.
(2) Use.--Any use of Water pursuant to the Water Rights
described in subsection (a)(1) by the Yavapai-Apache Nation
shall be subject to the terms and conditions of the Agreement
and this Act.
(3) Conflict.--In the event of a conflict between the
Agreement and this Act, this Act shall control.
(b) Water Rights To Be Held in Trust for the Yavapai-Apache
Nation.--The United States shall hold the following Water Rights in
trust for the benefit of the Yavapai-Apache Nation:
(1) The Water Rights described in Paragraphs 5.0, 6.0, 8.0,
9.0 and 11.0 of the Agreement; and
(2) Any future Water Rights taken into trust pursuant to
subsection (f) and (g).
(c) Off-Reservation Use.--Except for Effluent as provided in
Subparagraphs 4.15 of the Agreement, YAN CAP Water as provided in
Subparagraph 6.0 of the Agreement, and Water that is subject to an
Exchange in accordance with State law, the rights to Water set forth in
Subparagraph 4.1 of the Agreement may not be sold, leased, transferred
or used outside the boundaries of the YAN Reservation, YAN Trust Land,
or YAN After-Acquired Trust Land.
(d) Forfeiture and Abandonment.--None of the water rights described
in subsection (b)(1) shall be subject to loss through non-use,
forfeiture, abandonment, or other operation of law.
(e) Yavapai-Apache Nation Cap Water.--The Yavapai-Apache Nation
shall have the right to divert, use, and store YAN CAP Water in
accordance with the Agreement and section 111 of this Act.
(f) Water Rights Held in Trust for Yan After-Acquired Trust Land.--
As described in Subparagraph 4.13.2.1 of the Agreement, and subject to
all valid and existing rights, any Water Rights appurtenant to YAN
After-Acquired Trust Land at the time such land is taken into trust by
the Secretary shall be held in trust by the United States for the
benefit of the Yavapai-Apache Nation.
(g) Water Rights Held in Trust for Future Acquisitions of Water
Rights.--As described in Subparagraphs 4.14.1 and 4.14.2 of the
Agreement, and subject to all valid and existing rights, upon the
request of the Yavapai-Apache Nation, and in accordance with applicable
Federal law, the Secretary shall accept and take into trust for the
benefit of the Yavapai-Apache Nation, any Water Rights severed and
transferred to the Reservation, YAN Trust Land, or YAN After-Acquired
Trust Land.
SEC. 103. TU NL11NICHOH WATER INFRASTRUCTURE PROJECT.
(a) In General.--The Secretary, acting through the Commissioner,
shall plan, design and construct the Tu nl[[nichoh Water Infrastructure
Project, which shall consist of--
(1) the Cragin-Verde Pipeline Project as described in
subsection (b); and
(2) the Yavapai-Apache Nation Drinking Water System Project
as described in subsection (c).
(b) Cragin-Verde Pipeline Project.--
(1) In general.--The Secretary, acting through the
Commissioner, and without cost to the Salt River Federal
Reclamation Project, shall--
(A) Plan, design and construct the Cragin-Verde
Pipeline Project as part of the Salt River Federal
Reclamation Project; and
(B) Obtain any rights-of-way or other interests in
land needed to construct the Cragin-Verde Pipeline
Project.
(2) Scope.--
(A) In general.--The scope of the planning, design,
and construction activities for the Cragin-Verde
Pipeline Project shall be as generally described as
Alternative 5A in the document entitled Phase II:
Yavapai-Apache Nation Indian Water Rights Settlement,
Value Planning Study, Bureau of Reclamation, Interior
Region 8, Lower Colorado Basin, as amended.
(3) Requirements.--The Cragin-Verde Pipeline Project
shall--
(A) be capable of delivering no less than 6,836.92
AFY of water from the C.C. Cragin Dam and Reservoir for
Use by the YAN as provided in the Settlement Agreement
and this Act, and up to an additional 1,912.18 AFY for
Use by water users in Yavapai County as provided in
section 114(a)(2);
(B) include all facilities and appurtenant items
necessary to divert, store, and deliver water to the
YAN Delivery Point on the Yavapai-Apache Reservation;
and
(C) to the maximum extent practicable, be designed
and constructed to minimize care, operation, and
maintenance costs.
(4) Title to facilities.--Title to the Cragin-Verde
Pipeline Project shall be held by the United States as part of
the Salt River Federal Reclamation Project pursuant to the
Reclamation Act of 1902, 43 U.S.C. 371 et seq., as amended.
(5) Assumption of and responsibility for care, operation,
and maintenance of cragin-verde pipeline project.--Upon the
Date of Substantial Completion, SRP shall assume and be
responsible for the care, operation, and maintenance of the
Cragin-Verde Pipeline Project pursuant to the contract between
the United States and the Salt River Valley Water Users'
Association dated September 6, 1917, as amended.
(6) Costs of care, operation, and maintenance to be borne
by project beneficiaries.--The costs of the care, operation,
and maintenance of the Cragin-Verde Pipeline Project shall not
be borne by SRP. Except as provided in Subparagraph 10.10 of
the Agreement, the Yavapai-Apache Nation and any other
beneficiaries of the Cragin-Verde Pipeline Project shall bear
the costs of the care, operation, and maintenance of the
Cragin-Verde Pipeline Project on a pro rata basis after the
Date of Substantial Completion. Until the Date of Substantial
Completion, the costs of care, operation, and maintenance shall
be borne by the Secretary.
(7) Withdrawal and reservation.--
(A) Definitions.--For purposes of this paragraph
(7), the term ``covered land'' means the portion of the
National Forest System land determined by the Secretary
of the Interior to be necessary for the construction
and operation of the Cragin-Verde Pipeline Project as
depicted on the map prepared under subparagraph (D).
(B) Withdrawal of covered land.--The covered land
is permanently withdrawn from--
(i) all forms of entry, appropriation, and
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) operation of the mineral leasing,
mineral materials, and geothermal leasing laws.
(C) Reservation of covered land.--Subject to valid
existing rights, the covered land is reserved to the
United States, through the Secretary of the Interior,
for the exclusive right to use the covered land and
interests in the covered land for Bureau of Reclamation
purposes to construct the Cragin-Verde Pipeline Project
as part of the Salt River Federal Reclamation Project
and operated by SRP pursuant to the contract between
the United States and the Salt River Valley Water
Users' Association dated September 6, 1917, as amended.
(D) Map of covered land.--As soon as practicable
after the date of enactment of this Act, the Secretary
of Interior shall prepare a map depicting the boundary
of the covered land which shall be on file and
available for public inspection in the appropriate
offices of the Forest Service and the Bureau of
Reclamation.
(c) Yavapai-Apache Nation Drinking Water System Project.--
(1) In general.--The Secretary, acting through the
Commissioner, shall--
(A) plan, design and construct the YAN Drinking
Water System Project;
(B) comply with all requirements of section
101(c)(1); and
(C) obtain any rights-of-way or other interests in
land needed to construct the YAN Drinking Water System
Project.
(2) Scope.--
(A) In general.--The scope of the planning, design,
and construction activities for the YAN Drinking Water
System Project shall be as generally described in the
document entitled Yavapai-Apache Nation Drinking Water
Infrastructure Plan dated July 2024, provided that, the
design of the project may be adjusted by mutual
agreement of the Secretary and the Yavapai-Apache
Nation if the requirements of subsection (c)(3) can be
met and the adjustment is not expected to increase the
total cost of the project.
(3) Requirements.--The YAN Drinking Water System Project
shall--
(A) include a surface water treatment facility
capable of treating up to 2.25 million gallons of water
per day (mgd), with a peak of 3.0 mgd, for water
delivered to the YAN Delivery Point from the C.C.
Cragin Dam and Reservoir via the Cragin-Verde Pipeline
Project, except as otherwise provided for in paragraph
(4);
(B) include pipelines, water storage tanks, pump
stations, transmission mains and other associated
infrastructure necessary for the delivery of the
treated water from the surface water treatment facility
described in subparagraph (A) to the locations
described in the Yavapai-Apache Nation Drinking Water
Infrastructure Plan dated July 2024, or as otherwise
agreed to by the Nation and the Secretary; and
(C) to the maximum extent practicable, be designed
and constructed to minimize care, operation, and
maintenance costs.
(4) Increase in capacity and cost share.--For the water
described in section 114(a), the Secretary is authorized to
increase the capacity of the YAN Drinking Water System Project
to treat and deliver up to 1.9 mgd, with a peak of 2.5 mgd, for
such water delivered to the YAN Delivery Point from the C.C.
Cragain Dam and Reservoir via the Cragin-Verde Pipeline
Project, provided that--
(A) the Yavapai-Apache Nation and the water user or
users described in section 114(a) agree to terms and
conditions for the Nation to treat and distribute the
water described in section 114(a);
(B) the water user or water users located in
Yavapai County pay their share of the cost of
construction to increase the capacity of the YAN
Drinking Water System Project; and payment for such
costs are deposited into the YAN Drinking Water System
Project Fund Account described in section 104(c) for
use for the purposes described in subsection (c)(1);
and
(C) the request to increase the capacity of the YAN
Drinking Water System Project and meeting the
conditions required of this paragraph (4) will not
delay the timely completion of the YAN Drinking Water
System Project to accept delivery of water from the
Cragin-Verde Pipeline Project to the YAN Delivery Point
for the benefit of the Yavapai-Apache Nation.
(5) Title to facilities.--The YAN Drinking Water System
Project shall be owned by the United States during
construction. Upon the Date of Substantial Completion of the Tu
nl[[nichoh Water Infrastructure Project described in subsection
(a), the Secretary shall transfer title to the YAN Drinking
Water System Project to the Yavapai-Apache Nation.
(6) Assumption of and responsibility care, operation, and
maintenance of the yan drinking water system project.--Upon the
Date of Substantial Completion of the Tu nl[[nichoh Water
Infrastructure Project described in subsection (a), the
Yavapai-Apache Nation shall assume and be responsible for the
care, operation, and maintenance of the YAN Drinking Water
System Project. Until the Date of Substantial Completion, the
costs of care, operation, and maintenance shall be borne by the
Secretary.
(7) Applicability of isdeaa.--On receipt of a request of
the Yavapai-Apache Nation, and in accordance with the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5301
et seq.), the Secretary shall enter into 1 or more agreements
with the Nation to carry out the activities authorized by this
subsection (c).
(8) Condition.--As a condition of construction of the YAN
Drinking Water System Project authorized by this subsection
(c), the Nation shall authorize, at no cost to the Secretary,
the use of all land or interests in land located on the
Reservation, YAN Trust Land and YAN After-Acquired Trust Land
that the Secretary identifies as necessary for the planning,
design, construction, operation and maintenance of the YAN
Drinking Water System Project until the transfer of title to
the YAN Drinking Water System Project to the Nation pursuant to
subsection (c)(5).
(d) Date of Substantial Completion.--The Tu nl[[nichoh Water
Infrastructure Project shall be deemed substantially complete on the
date on which written notice is provided to the Parties by the Bureau
of Reclamation that the Cragin-Verde Pipeline Project and the YAN
Drinking Water System Project are sufficiently complete to place the
projects into service for their intended use (``Date of Substantial
Completion'').
SEC. 104. TU NL11NICHOH WATER INFRASTRUCTURE PROJECT FUND.
(a) Establishment.--The Secretary shall establish a non-trust
interest-bearing account to be known as the Tu nl[[nichoh Water
Infrastructure Project Fund (``Project Fund'') to be managed and
distributed by the Secretary, for use by the Secretary for carrying out
this Act.
(b) Accounts.--The Secretary shall establish within the Project
Fund the following accounts--
(1) the Cragin-Verde Pipeline Account; and
(2) the YAN Drinking Water System Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Cragin-Verde Pipeline Account, the amounts made
available pursuant to section 107(a)(1)(A); and
(2) in the YAN Drinking Water System Account, the amounts
made available pursuant to section 107(a)(1)(B).
(d) Uses.--
(1) Cragin-verde pipeline account.--The Cragin-Verde
Pipeline Account shall be used by the Secretary to--
(A) carry out section 103(b) of this Act, including
all required environmental compliance under section
101(c), for the Cragin-Verde Pipeline Project; and
(B) reimburse SRP for the proportional Cragin
Capital Costs and Cragin O&M Costs associated with
water delivered to the Yavapai-Apache Nation from the
C.C. Cragin Dam and Reservoir under Subparagraph 8.6.1
of the Agreement.
(2) Yan drinking water system account.--The YAN Drinking
Water System Account shall be used by the Secretary to carry
out section 103(c) of this Act, including all required
environmental compliance under section 101(c), for the YAN
Drinking Water System Project.
(e) Availability of Amounts.--
(1) In general.--Except as provided in paragraph (2),
amounts appropriated to and deposited in the Project Fund
Accounts under sections 107(a)(1)(A) and 107(a)(1)(B) shall not
be made available for expenditure until the Enforceability
Date.
(2) Exception.--Of the amounts made available under
paragraph (1), $13,000,000 shall be made available before the
Enforceability Date for the Bureau of Reclamation to carry out
environmental compliance and preliminary design of the Tu
nl[[nichoh Water Infrastructure Project, subject to the
following:
(A) The revision of the Settlement Agreement and
exhibits to conform to this Act.
(B) Execution by all of the required settlement
parties, including the United States, of the conformed
Settlement Agreement and exhibits, including the
waivers and releases of claims under section 108.
(f) Interest.--In addition to the deposits under subsection (c),
any investment earnings, including interest credited to amounts
unexpended, are authorized to be appropriated to be used in accordance
with the uses described in subsections (d)(1) and (d)(2).
(g) Project Efficiencies.--
(1) If the total cost of the activities described in either
section 103(b) or 103(c) are less than the amounts authorized
to be obligated under sections 107(a)(1)(A) and 107(a)(1)(B) to
carry out those activities, the Secretary shall deposit the
savings into the other account within the Project Fund as
described in subsection (b), if such funds are necessary to
complete the construction of any component of the Tu nl[[nichoh
Water Infrastructure Project.
(2) Any funds remaining in the Project Fund at the Date of
Substantial Completion shall be deposited in the Yavapai-Apache
Nation Water Settlement Trust Fund no later than 60 days after
the Date of Substantial Completion. No later than 30 days after
the Date of Substantial Completion, the Yavapai-Apache Nation
may direct the allocation and amounts for the deposit of such
funds to one or more of the accounts described in section
105(b), but if no timely direction is provided to the
Secretary, the Secretary shall deposit the full amount of such
funds to the Yavapai-Apache Water Projects Account described in
section 105(b)(2).
SEC. 105. YAVAPAI-APACHE NATION WATER SETTLEMENT TRUST FUND.
(a) Establishment.--The Secretary shall establish a trust fund for
the Yavapai-Apache Nation, to be known as the ``Yavapai-Apache Nation
Water Settlement Trust Fund'' (``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 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 Trust Fund the
following accounts:
(1) The Yavapai-Apache Water Settlement Implementation
Account;
(2) The Yavapai-Apache Water Projects Account;
(3) The Yavapai-Apache Wastewater Projects Account;
(4) The Yavapai-Apache OM&R Account; and
(5) The Yavapai-Apache Watershed Rehabilitation and
Restoration Account.
(c) Deposits.--The Secretary shall deposit--
(1) in the Yavapai-Apache Water Settlement Implementation
Account established under subsection (b)(1), the amounts made
available pursuant to subparagraph (A) of section 107(a)(2);
(2) in the Yavapai-Apache Water Projects Account
established under subsection (b)(2), the amounts made available
pursuant to subparagraph (B) of section 107(a)(2);
(3) in the Yavapai-Apache Wastewater Projects Account
established under subsection (b)(3), the amounts made available
pursuant to subparagraph (C) of section 107(a)(2);
(4) in the Yavapai-Apache OM&R Account established under
subsection (b)(4), the amounts made available pursuant to
subparagraph (D) of section 107(a)(2); and
(5) in the Yavapai-Apache Watershed Rehabilitation and
Restoration Account established under subsection (b)(5), the
amounts made available pursuant to subparagraph (E) of section
107(a)(2).
(d) Management and Interest.--
(1) Management.--On receipt and deposit of funds into the
Trust Fund pursuant to subsection (b), 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 Trust Fund under subsection (b), any investment
earnings, including interest, credited to amounts held in the
Trust Fund are authorized to be used in accordance with
subsection (g).
(e) Availability of Amounts.--
(1) In general.--Amounts deposited in the Trust Fund
(including any investment earnings) shall be made available to
the Yavapai-Apache Nation by the Secretary beginning on the
Enforceability Date, subject to the requirements of this Act.
(f) Withdrawals.--
(1) Withdrawals under the american indian trust fund
management reform act of 1994.--
(A) In general.--The Yavapai-Apache Nation may
withdraw any portion of the amounts in the Trust Fund
on approval by the Secretary of a Tribal management
plan submitted by the 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 subsection shall require
that the Yavapai-Apache Nation spend all amounts
withdrawn from the 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 the Tribal management plan;
and
(ii) to ensure that amounts withdrawn by
the Yavapai-Apache Nation from the Trust Fund
under this subsection are used in accordance
with this Act.
(2) Expenditure plan.--
(A) In general.--The Yavapai-Apache Nation may
submit to the Secretary a request to withdraw funds
from the Trust Fund pursuant to an approved expenditure
plan.
(B) Requirements.--To be eligible to withdraw
amounts under an expenditure plan under this
subparagraph, the Yavapai-Apache Nation shall submit to
the Secretary an expenditure plan for any portion of
the Trust Fund that the Yavapai-Apache Nation elects to
withdraw pursuant to this subparagraph, subject to the
condition that the amounts shall be used for the
purposes described in this Act.
(C) Inclusions.--An expenditure plan under this
subparagraph shall include a description of the manner
and purpose for which the amounts proposed to be
withdrawn from the Trust Fund will be used by the
Yavapai-Apache Nation in accordance this Act.
(D) Approval.--The Secretary shall approve an
expenditure plan submitted under clause (ii) if the
Secretary determines that the plan--
(i) is reasonable; and
(ii) is consistent with, and will be used
for, the purposes of this Act.
(E) Enforcement.--The Secretary may carry out such
judicial and administrative actions as the Secretary
determines to be necessary to enforce an expenditure
plan to ensure that amounts disbursed under this
subsection are used in accordance with this Act.
(g) Uses.--In general.--The amounts from the Trust Fund shall be
used by the Yavapai-Apache Nation for the following purposes:
(1) The yavapai-apache water settlement implementation
account.--Amounts in the Yavapai-Apache Water Settlement
Implementation Account may only be used for the following
purposes--
(A) to pay fees and costs incurred by the Yavapai-
Apache Nation for filing and processing any application
or obtaining any permit required under Paragraphs 5.0,
8.0, or 11.0 of the Agreement;
(B) to pay costs incurred by the Yavapai-Apache
Nation to participate in the planning, preliminary
design, and environmental compliance activities for the
Cragin-Verde Pipeline Project;
(C) to engage in water management planning to
comply with Paragraph 12.0 of the Agreement; and
(D) to pay, reimburse, or retire debt for costs
incurred by the Yavapai-Apache Nation after the date of
enactment of this Act for work under subparagraphs (A),
(B) or (C).
(2) The yavapai-apache water projects account.--Amounts in
the Yavapai-Apache Water Projects Account may only be used for
the following purposes--
(A) environmental compliance, permitting, planning,
engineering and design, and construction, including
acquisition of any necessary rights-of-way or other
interests in land, and any other related activities
necessary for the completion of construction for--
(i) expansion of the YAN Drinking Water
System Project after the Date of Substantial
Completion;
(ii) water infrastructure, and water
storage and recovery projects, that facilitate
the use or management of the water sources
identified in Subparagraph 4.1 of the
Agreement; and
(iii) the Yavapai-Apache Nation's
proportionate share for any joint project with
communities in the Verde Valley Watershed that
facilitate the use or management of the water
sources identified in Subparagraph 4.1 of the
Agreement; and
(B) to pay, reimburse, or retire debt for costs
incurred by the Yavapai-Apache Nation after the date of
enactment of this Act for projects under subparagraph
(A).
(3) The yavapai-apache wastewater projects account.--
Amounts in the Apache Wastewater Projects Account may only be
used for the following purposes--
(A) environmental compliance, planning, permitting,
engineering and design, and construction, including
acquisition of any necessary rights-of-way or other
interests in land, and any other related activities
necessary for the completion of construction for--
(i) wastewater infrastructure, and
wastewater storage and recovery projects, that
facilitate the reuse or management of Effluent;
(ii) the Yavapai-Apache Nation's
proportionate share for any joint project or
projects with communities in the Verde Valley
Watershed that facilitate the reuse or
management of Effluent;
(B) to pay, reimburse, or retire debt for costs
incurred by the Yavapai-Apache Nation after the date of
enactment of this Act for projects under subparagraph
(A); and
(C) to pay the outstanding debt on the Yavapai-
Apache Nation's loan with the Water Infrastructure and
Finance Authority of Arizona for the construction of
the Middle Verde Water Reclamation Facility (MVWRF) and
to reimburse the Yavapai-Apache Nation up to $8,000,000
in additional construction costs related to
construction of the MVWRF.
(4) The yavapai-apache om&r account.--Amounts in the
Yavapai-Apache OM&R Account may only be used to pay costs of
the following--
(A) OM&R and energy costs for the Tu nl[[nichoh
Water Infrastructure Project which includes the Cragin-
Verde Pipeline Project and the YAN Drinking Water
System Project;
(B) OM&R, energy costs, and any other charges
assessed to the Yavapai-Apache Nation pursuant to the
YAN-SRP Water Delivery and Use Agreement, the YAN-SRP
Exchange Agreement, and the YAN Amended CAP Water
Delivery Contract; and
(C) OM&R for Yavapai-Apache Nation projects
described in subsections (a)(2), (a)(3) and (a)(5).
(5) Yavapai-apache watershed rehabilitation and restoration
account.--Amounts in the Yavapai-Apache Watershed
Rehabilitation and Restoration Account may only be used for the
purpose of environmental compliance, permitting, planning,
engineering and design activities, and construction of projects
for the protection and restoration of the Verde River
Watershed, and any other related activities necessary for the
completion of such projects.
(h) Liability.--The Secretary and the Secretary of the Treasury
shall not be liable for the expenditure or investment of any amounts
withdrawn from the Trust Fund by the Yavapai-Apache Nation under
section 105(f).
(i) Title to Infrastructure.--Title to, control over, and operation
of any project constructed using funds from the Trust Fund, shall
remain in the Yavapai-Apache Nation.
(j) No Per Capita Distributions.--No portion of the Trust Fund
shall be distributed on a per capita basis to any Member of the
Yavapai-Apache Nation.
(k) Expenditure Reports.--The Yavapai-Apache Nation shall annually
submit to the Secretary an expenditure report describing
accomplishments and amounts spent from use of withdrawals under a
Tribal management plan or an expenditure plan under this Act.
(l) Effect.--Nothing in this section gives the Yavapai-Apache
Nation the right to judicial review of a determination of the Secretary
relating to whether to approve a Tribal management plan under
subsection (f)(1) or an expenditure plan under subsection (f)(2) except
under subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure Act'').
SEC. 106. GAGING STATION.
The Secretary, acting through the Director of the USGS, shall
continue to maintain and operate the existing USGS gaging station at
the YAN Point of Compliance, identified as ``Verde River Above Camp
Verde - 09504950,'' within the Middle Verde District of the Yavapai-
Apache Reservation, for the purpose of monitoring the instream flow
right of the Yavapai-Apache Nation to the Verde River as described in
section 102(b)(1)(A) and Paragraph 11.0 of the Agreement.
SEC. 107. FUNDING.
(a) Mandatory Appropriations.--Out of any money in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary, to remain available to the Secretary until expended,
withdrawn or reverted to the general fund of the Treasury, the
following amounts:
(1) Tu nl]]nichoh water infrastructure project fund.--
(A) $731,059,000 in the Cragin-Verde Pipeline
Account described in section 104(b)(1); and
(B) $152,490,000 in the YAN Drinking Water System
Account described in section 104(b)(2).
(2) Yavapai-apache nation water settlement trust fund
account.--
(A) $300,000 in the Yavapai-Apache Water Settlement
Implementation Account described in section 105(b)(1);
(B) $58,000,000 in the Yavapai-Apache Water
Projects Account described in section 105(b)(2);
(C) $31,000,000 in the Yavapai-Apache Wastewater
Projects Account described in section 105(b)(3);
(D) $66,000,000 in the Yavapai-Apache OM&R Account
described in section 105(b)(4); and
(E) $700,000 in the Yavapai-Apache Watershed
Rehabilitation and Restoration Account described in
section 105(b)(5).
(b) Tu nl[[nichoh Water Infrastructure Project Additional
Authorization.--In addition to the mandatory appropriation made
available under subsection (a)(1), there is authorized to be
appropriated to the Project Fund such funds as are necessary to
complete the construction of the Tu nl[[nichoh Water Infrastructure
Project, to remain available until expended, withdrawn, or reverted to
the general fund of the Treasury.
(c) Additional Authorizations.--In general there are authorized to
be appropriated--
(1) such sums as necessary for section 106 of this Act; and
(2) such sums as necessary for the care, operation, and
maintenance of the Tu nl[[nichoh Water Infrastructure Project
until the Date of Substantial Completion.
(d) Fluctuation in Costs.--
(1) Project fund.--The amounts authorized to be
appropriated under subsection (a)(1) 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 of Reclamation Construction
Cost 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 means of construction and
current industry standards involved.
(2) Trust fund.--The amounts authorized to be appropriated
under subsection (a)(2) 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 of Reclamation 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 means of construction and
current industry standards involved.
(3) Repetition.--The adjustment process under this
subsection shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted, has been
appropriated.
(4) Requirements for adjustment process.--The adjustment
process under this subsection shall be repeated for each
subsequent amount appropriated for deposit in the Project Fund
under subsection (a)(1) and the Trust Fund under subsection
(a)(2), until the amount authorized to be appropriated, as so
adjusted, has been appropriated.
(5) Period of indexing.--
(A) Project fund.--With respect to the Project
Fund, the period of indexing adjustment for any
increment of funding shall be annual until the Tu
nl[[nichoh Water Infrastructure Project is completed.
(B) Trust fund.--With respect to the Yavapai-Apache
Nation Water Settlement Trust Fund, the period of
indexing adjustment for any increment of funding shall
end on the date on which funds are deposited into the
Trust Fund.
(e) Commencement of Environmental Compliance.--Subject to the
requirements of section 104(e)(2)(A) and (B), effective beginning on
the date of deposit of funds in the Project Fund, the Secretary shall
commence any planning, design, environmental, cultural, and historical
compliance activities necessary to implement the Agreement and this
Act, including activities necessary to comply with section
101(c)(1)(A)(B)(C) of this Act.
SEC. 108. WAIVERS, RELEASES AND RETENTIONS OF CLAIMS.
(a) Waiver, Release, and Retention of Claims for Water Rights and
Injury to Water Rights by the Yavapai-Apache Nation, on Behalf of the
Yavapai-Apache Nation and the Members of the Yavapai-Apache Nation (but
Not Members in the Capacity of the Members as Allottees), and the
United States, Acting as Trustee for the Yavapai-Apache Nation (but Not
Members in the Capacity of the Members as Allottees).--
(1) Except as provided in paragraph (3), the Yavapai-Apache
Nation, on behalf of the Yavapai-Apache Nation and the Members
of the Yavapai-Apache Nation (but not Members in the capacity
of the Members as Allottees), and the United States, acting as
trustee for the Yavapai-Apache Nation and the Members of the
Yavapai-Apache Nation (but not Members in the capacity of the
Members as Allottees), as part of the performance of the
respective obligations of the Yavapai-Apache Nation and the
United States under the Agreement and this Act, shall execute a
waiver and release of any claims against the State (or any
agency or political subdivision of the State), and any other
individual, entity, corporation, or municipal corporation under
Federal, State, or other law for all--
(A) Past, present, and future claims for Water
Rights, including rights to Colorado River water, for
YAN 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 by
the Yavapai-Apache Nation, the predecessors of the
Yavapai-Apache Nation, the Members of the Yavapai-
Apache Nation, or the predecessors of the Members of
the Yavapai-Apache Nation;
(C) Past and present claims for Injury to Water
Rights, including rights to Colorado River water, for
YAN Land, arising from time immemorial through the
Enforceability Date;
(D) Past, present, and future claims for Injury to
Water Rights, including rights to Colorado River water,
arising from time immemorial and, thereafter, forever,
that are based on the aboriginal occupancy of land by
the Yavapai-Apache Nation, the predecessors of the
Yavapai-Apache Nation, the Members of the Yavapai-
Apache Nation, or the predecessors of the Members of
the Yavapai-Apache Nation;
(E) Claims for Injury to Water Rights, including
rights to Colorado River water, arising after the
Enforceability Date, for YAN Land, resulting from the
off-Reservation Diversion or Use of Water in a manner
not in violation of the Agreement or State law; and
(F) Past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of the Agreement, any judgment
or decree approving or incorporating the Agreement, or
this Act.
(2) The waiver and release of claims described in paragraph
(1) shall be in the form set forth in Exhibit 13.1 to the
Agreement and shall take effect on the Enforceability Date.
(3) Notwithstanding the waiver and release of claims
described in paragraph (1) and set forth in Exhibit 13.1 to the
Agreement, the Yavapai-Apache Nation, acting on behalf of the
Yavapai-Apache Nation and the Members of the Yavapai-Apache
Nation, and the United States, acting as trustee for the YAN
and the Members of the YAN (but not Members in the capacity of
the Members as Allottees), shall retain any right--
(A) subject to Subparagraph 17.9 of the Agreement,
to assert claims for injuries to, and seek enforcement
of, their rights under the Agreement or this Act in any
Federal or State court of competent jurisdiction;
(B) to assert claims for injuries to, and seek
enforcement of, their rights under any judgment or
decree entered by the Gila River Adjudication Court,
including the Verde River Decree;
(C) to assert claims for Water Rights or Injury to
Water Rights acquired before the Enforceability Date
pursuant to Subparagraph 4.14.1 of the Agreement;
(D) to challenge or object to any claims for Water
Rights or Injury to Water Rights by or for any Indian
tribe, or the United States, acting on behalf of any
Indian tribe;
(E) to assert past, present, or future claims for
Injury to Water Rights against any Indian tribe, or the
United States, acting on behalf of any Indian tribe;
(F) to assert claims for Injury to Water Rights
arising after the Enforceability Date for YAN Land
resulting from any off-Reservation Diversion of Surface
Water within the Verde River Watershed, other than from
a well, if the Diversion or Use of Surface Water was
first initiated after the Effective Date and was not
the subject of a permit to appropriate Surface Water
issued by the Arizona Department of Water Resources
before the Effective Date; and
(G) to assert claims for Injury to Water Rights
arising after the Enforceability Date for YAN Land
resulting from any off-Reservation Diversion or Use of
Water from a well, if--
(i) the Water is determined by the Gila
River Adjudication Court to be Surface Water;
(ii) the well is located within the Verde
River Watershed above USGS Gage No. 09506000
identified as ``Verde River near Camp Verde,
AZ'';
(iii) the well was constructed after the
Effective Date; and
(iv) the well is not:
(I) a Replacement Well;
(II) a new point of Diversion for a
Surface Water Use predating the
Effective Date;
(III) operated by a Municipal Water
Provider pursuant to an agreement with
the Yavapai-Apache Nation under
Subparagraph 16.1.2 of the Agreement;
(IV) constructed for Domestic Use
or Stock Watering Use;
(V) constructed to supply a
Stockpond with a capacity not to exceed
4 acre-feet; or
(VI) used by a city or town in the
Prescott active management area to:
(aa) withdraw Underground
Water from land located in the
Big Chino sub-basin of the
Verde River groundwater basin
that has historically irrigated
acres for transportation to an
adjacent initial active
management area under the
criteria set forth in A.R.S.
Sec. 45-555(A)-(D), as that
statute exists as of the
Effective Date, a copy of which
is attached as Exhibit 13.1.3
to the Agreement;
(bb) withdraw and transport
8,068 AFY of Underground Water
from the Big Chino sub-basin of
the Verde River groundwater
basin to the Prescott active
management area pursuant to the
criteria set forth in A.R.S.
Sec. 45-555(E) and (G), as that
statute exists as of the
Effective Date, a copy of which
is attached as Exhibit 13.1.3
to the Agreement; or
(cc) withdraw and transport
Underground Water from land
located in the Big Chino sub-
basin of the Verde River
groundwater basin to the
Prescott active management area
to meet the additional needs of
an Indian tribe in the Prescott
active management area pursuant
to a federally-approved Indian
water rights settlement under
A.R.S Sec. 45-555(G) and (F),
as that statute exists as of
the Effective date, a copy of
which is attached as Exhibit
13.1.3 to the Agreement.
(VII) providing a source of supply
for an M&I Use for a Municipal Water
Provider or a Public Water System (that
does not have an agreement with the YAN
pursuant to subparagraph 16.1.2 of the
Agreement) that meets all of the
following conditions:
(aa) The well is located
outside the lateral limits of
the Verde River Subflow Zone.
(bb) All buildings
constructed after the well is
drilled that are served by the
Municipal Water Provider or
Public Water System have
WaterSense Labeled Fixtures, or
fixtures that are equivalent to
or exceed WaterSense
specifications for water
efficiency and performance as
set forth in Exhibit 2.90 to
the Agreement.
(cc) The Municipal Water
Provider or Public Water System
uses its best efforts to ensure
that all outdoor landscaping
installed after the well is
drilled that is served by the
Municipal Water Provider or
Public Water System uses only
native or drought tolerant
plants, except as provided for
in item (dd).
(dd) All turf or other
landscape areas not using
native or drought tolerant
plants, including for schools,
parks, cemeteries, golf
courses, or common areas,
installed after the well is
drilled are, to the extent
permitted by State law,
prohibited by the Municipal
Water Provider or Public Water
System unless the plants are
100 percent served with
Effluent, greywater, harvested
rainwater, or some combination
thereof.
(ee) Ornamental water
features (except swimming
pools), ponds, and lakes
constructed after the well is
drilled are, to the extent
permitted by State law,
prohibited by the Municipal
Water Provider or Public Water
System unless the features,
ponds, and lakes are 100
percent served with Effluent,
greywater, harvested rainwater,
or some combination thereof.
(b) Waiver, Release, and Retention of Claims for Water Rights and
Injury to Water Rights by the Yavapai-Apache Nation, on Behalf of the
Yavapai-Apache Nation and the Members of the Yavapai-Apache Nation (but
Not Members in the Capacity of the Members as Allottees), Against the
United States.--
(1) Except as provided in paragraph (3), the Yavapai-Apache
Nation, acting on behalf of the Yavapai-Apache Nation and the
Members of the Yavapai-Apache Nation (but not Members in the
capacity of the Members as Allottees), as part of the
performance of the obligations of the Yavapai-Apache Nation
under the Agreement and this Act, shall 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--
(A) Past, present, and future claims for Water
Rights, including rights to Colorado River water, for
YAN 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 by
the Yavapai-Apache Nation, the predecessors of the
Yavapai-Apache Nation, the Members of the Yavapai-
Apache Nation, or the predecessors of the members of
the Yavapai-Apache Nation;
(C) Past and present claims relating in any manner
to damage, losses, or injury to land or other resources
due to loss of Water or Water Rights (including
damages, losses, or injuries to hunting, fishing,
gathering, or cultural rights due to loss of Water or
Water Rights, claims relating to interference with,
Diversion, or taking of Water, or claims relating to
the failure to protect, acquire, or develop Water,
Water Rights, or Water infrastructure) within the State
that first accrued at any time prior to the
Enforceability Date;
(D) Past and present claims for Injury to Water
Rights, including rights to Colorado River water, for
YAN Land, arising from time immemorial through the
Enforceability Date;
(E) Past, present, and future claims for Injury to
Water Rights, including rights to Colorado River water,
arising from time immemorial and, thereafter, forever,
that are based on the aboriginal occupancy of land by
the Yavapai-Apache Nation, the predecessors of the
Yavapai-Apache Nation, the Members of the Yavapai-
Apache Nation, or the predecessors of the members of
the Yavapai-Apache Nation;
(F) Claims for Injury to Water Rights, including
injury to rights to Colorado River water, arising after
the Enforceability Date for YAN Land, resulting from
the off-Reservation Diversion or Use of Water in a
manner not in violation of the Agreement or State law;
and
(G) Past, present, and future claims arising out
of, or relating in any manner to, the negotiation,
execution, or adoption of the Agreement, any judgment
or decree approving or incorporating the Agreement, or
this Act.
(2) The waiver and release of claims described in paragraph
(1) shall be in the form set forth in Exhibit 13.2 to the
Agreement and shall take effect on the Enforceability Date.
(3) Notwithstanding the waiver and release of claims
described in paragraph (1) and set forth in Exhibit 13.2 to the
Agreement, the Yavapai-Apache Nation and the Members of the
Yavapai-Apache Nation (but not Members in the capacity of the
Members as Allottees) shall retain any right--
(A) subject to Subparagraph 17.9 of the Agreement,
to assert claims for injuries to, and seek enforcement
of, their rights under the Agreement or this Act in any
Federal or State court of competent jurisdiction;
(B) to assert claims for injuries to, and seek
enforcement of, their rights under any judgment or
decree entered by the Gila River Adjudication Court,
including the Verde River Decree;
(C) to assert claims for Water Rights or Injury to
Water Rights acquired before the Enforceability Date
pursuant to Subparagraph 4.14.1 of the Agreement;
(D) to challenge or object to any claims for Water
Rights or Injury to Water Rights by or for any Indian
Tribe or the United States, acting on behalf of any
Indian Tribe;
(E) to assert past, present, or future claims for
Injury to Water Rights against any Indian Tribe or the
United States, acting on behalf of any Indian Tribe;
(F) to assert claims for Injury to Water Rights
arising after the Enforceability Date for YAN Land
resulting from any off-Reservation Diversion of Surface
Water within the Verde River Watershed, other than from
a well, if the Diversion or Use of Surface Water was
first initiated after the Effective Date and was not
the subject of a permit to appropriate Surface Water
issued by the Arizona Department of Water Resources
before the Effective Date; and
(G) to assert claims for Injury to Water Rights
arising after the Enforceability Date for YAN Land
resulting from any off-Reservation Diversion or Use of
Water from a well, if--
(i) the Water is determined by the Gila
River Adjudication Court to be Surface Water;
(ii) the well is located within the Verde
River Watershed above Gage No. 09506000, Verde
River near Camp Verde, AZ;
(iii) the well was constructed after the
Effective Date; and
(iv) the well is not:
(I) a Replacement Well;
(II) a new point of Diversion for a
Surface Water Use predating the
Effective Date;
(III) operated by a Municipal Water
Provider pursuant to an agreement with
the Yavapai-Apache Nation under
Subparagraph 16.1.2 of the Agreement;
(IV) constructed for Domestic Use
or Stock Watering Use; or
(V) constructed to supply a
Stockpond with a capacity not to exceed
4 acre-feet.
(c) Waiver, Release and Retention of Claims by the United States in
All Capacities (Except as Trustee for an Indian Tribe Other Than the
Yavapai-Apache Nation) Against the Yavapai-Apache Nation and the
Members of the Yavapai-Apache Nation.--
(1) Except as provided in paragraph (3), the United States,
in all capacities (except as trustee for an Indian Tribe other
than the Yavapai-Apache Nation), as part of the performance of
the obligations of the United States under the Agreement and
this Act, shall execute a waiver and release of all claims
against the Yavapai-Apache Nation, the Members of the Yavapai-
Apache Nation, or any agency, official, or employee of the
Yavapai-Apache Nation, 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
YAN 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 YAN Land in a manner that is not in
violation of the Agreement or State law; and
(C) Past, present, and future claims arising out
of, or related in any manner to, the negotiation,
execution, or adoption of the Agreement, any judgment
or decree approving or incorporating the Agreement, or
this Act.
(2) The waiver and release of claims described in paragraph
(1) shall be in the form set forth in Exhibit 13.3 to the
Agreement and shall take effect on the Enforceability Date.
(3) Notwithstanding the waiver and release of claims
described in paragraph (1) and set forth in Exhibit 13.3 to the
Agreement, the United States shall retain any right to assert
any claim not expressly waived in accordance with that
paragraph and that exhibit.
(d) No Effect on Actions Relating to Health, Safety or
Environment.--Nothing in the Agreement or this Act affects any right of
the United States or the Yavapai-Apache Nation on behalf of the
Yavapai-Apache Nation, or on behalf of the Members of the Yavapai-
Apache Nation, to take any action authorized by law relating to health,
safety, or the environment, including--
(1) The Federal Water Pollution Control Act, commonly known
as ``the Clean Water Act'', (33 U.S.C. 1251 et seq.);
(2) The Safe Drinking Water Act (42 U.S.C. 300f et seq.).
(3) The Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
(4) any regulations implementing the Acts described in
subsection (d)(1), (d)(2) or (d)(3).
SEC. 109. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS; EFFECT ON
MEMBERS OF THE YAVAPAI-APACHE NATION AND DINAH HOOD
ALLOTMENT.
(a) The benefits provided under the Agreement and this Act shall be
in complete replacement of, complete substitution for, and full
satisfaction of any claim of the Yavapai-Apache Nation and the Members
of the Yavapai-Apache Nation (but not Members in the capacity of the
Members as Allottees) against the parties to the Agreement, including
the United States, that is waived and released by the Yavapai-Apache
Nation acting on behalf of the Yavapai-Apache Nation and the Members of
the Yavapai-Apache Nation (but not Members in the capacity of the
Members as Allottees) pursuant to sections 108(a) and 108(b) of this
Act and Subparagraphs 13.1 and 13.2 to the Agreement.
(b) Any entitlement to Water of the Yavapai-Apache Nation and the
Members of the Yavapai-Apache Nation (but not Members in the capacity
of the Members as Allottees) or the United States acting in the
capacity of the United States as trustee for the Yavapai-Apache Nation
and the Members of the Yavapai-Apache Nation (but not Members in the
capacity of the Members as Allottees), for YAN Land shall be satisfied
out of the water resources and other benefits granted, confirmed,
quantified, or recognized by the Agreement or this Act to or for the
Yavapai-Apache Nation, the Members of the Yavapai-Apache Nation (but
not Members in the capacity of the Members as Allottees), and the
United States, acting in the capacity of the United States as trustee
for the Yavapai-Apache Nation and the Members of the Yavapai-Apache
Nation (but not Members in the capacity of the Members as Allottees).
(c) Notwithstanding sections (a) and (b), nothing in the Agreement
or this Act--
(1) recognizes or establishes any right of a Member of the
Yavapai-Apache Nation to Water on YAN Land; or
(2) prohibits the Yavapai-Apache Nation from acquiring
additional Water Rights by purchase or donation of land,
credits, or Water Rights.
(d) Effect on Members of the Yavapai-Apache Nation.--Except as
provided in subsections (a) and (b) and sections 108(a) and 108(b), the
Agreement and this Act shall not affect any rights of any Member of the
Yavapai-Apache Nation to water for land outside of YAN Land.
(e) Effect on Dinah Hood Allotment.--
(1) In general.--
(A) Nothing in the Agreement and this Act
quantifies or diminishes any Water Right, or any claim
or entitlement to Water for the Dinah Hood Allotment;
or
(B) precludes beneficial owners of the Dinah Hood
Allotment, or the United States, acting in its capacity
as trustee for beneficial owners of the Dinah Hood
allotment, from making claims for Water Rights in
Arizona. To the extent authorized by applicable law,
beneficial owners of the Dinah Hood Allotment, or the
United States, acting in its capacity as trustee for
beneficial owners of the Dinah Hood allotment, may make
claims to, and may be adjudicated, individual Water
Rights in Arizona.
(2) Exception.--Notwithstanding paragraph (1), the Yavapai-
Apache Nation, in its capacity as a holder of a beneficial real
property interest in the Dinah Hood Allotment, shall not object
to, challenge or dispute the claims of Water users to Water
from the Verde River Watershed, in the Gila River Adjudication
Proceedings or in any other judicial or administrative
proceeding.
SEC. 110. TRUST LAND.
(a) Yavapai-Apache Reservation.--The Yavapai-Apache Reservation
includes--
(1) the land located within the exterior boundaries of the
Yavapai-Apache Reservation as described and depicted in
Exhibits 2.96A through E and Exhibit 2.102 to the Agreement, as
documented by the Department Interior Division of Land Titles
and Records Office;
(2) the land added to the Reservation pursuant to section
110(b);
(3) the land added to the Reservation pursuant to section
201(c); and
(4) land that, as of the Enforceability Date, has been
added to the Reservation pursuant to Federal law.
(b) Land To Be Taken Into Trust.--
(1) In general.--Within thirty (30) days of enactment of
this Act, the Secretary is authorized and directed to accept
the transfer of title to the land shown on the maps in Exhibits
2.98A and 2.98B to the Agreement, as identified in
subparagraphs (A), (B), (C), (D), (E) and (F), and to hold such
land in trust for the benefit of the Yavapai-Apache Nation.
(A) Otter waters.--A tract of land located in
Section 33, Township 15 North, Range 4 East, Gila and
Salt River Base and Meridian, Yavapai County, Arizona,
as described in instrument number 2023-0005245 recorded
on February 3, 2023 in the records of the Yavapai
County Recorder.
(B) Cemetery property.--A tract of land located in
the East half of the Northeast quarter of Section 11,
Township 14 North, Range 4 East, Gila and Salt River
Meridian, Yavapai County, Arizona, as described in
instrument number 2023-0025892 recorded on June 15,
2023 in the records of the Yavapai County Recorder.
(C) Brown property.--
(i) Parcel 1.--A tract of land located in
the Southwest quarter of the Southwest quarter
of Section 2, Township 14 North, Range 4 East
of the Gila and Salt River Base and Meridian,
Yavapai County, Arizona, as described in
instrument number 2021-0087445 recorded on
December 9, 2021 in the records of the Yavapai
County Recorder.
(ii) Parcel 2.--A tract of land located in
the Southwest quarter of the Southwest quarter
of Section 2 and the Northwest quarter of the
Northwest quarter of Section 11, Township 14
North, Range 4 East of the Gila and Salt River
Base and Meridian, Yavapai County, Arizona, as
described in instrument number 2021-0087445
recorded on December 9, 2021 in the records of
the Yavapai County Recorder.
(D) Distantce drums rv park property.--
(i) Parcel 1.--A tract of land as recorded
in Book 3627, Page 782, Records of Yavapai
County, located in a portion of Government Lots
10 and 11 of Section 7 and Government Lots 13
and 14 of Section 18, Township 14 North, Range
5 East of the Gila and Salt River Base and
Meridian, Yavapai County, Arizona, as described
in Book 4332, Page 281 recorded on November 7,
2005 in the records of the Yavapai County
Recorder.
(ii) Parcel 2.--A tract of land located in
a portion of Government Lot 12 of Section 7,
Township 14 North, Range 5 East of the Gila and
Salt River Base and Meridian, Yavapai County,
Arizona, as described in Book 4332, Page 281
recorded on November 7, 2005 in the records of
the Yavapai County Recorder.
(iii) Parcel 3.--A tract of land located in
Section 7, Township 14 North, Range 5 East of
the Gila and Salt River Base and Meridian,
Yavapai County, Arizona, as described in Book
4332, Page 281 recorded on November 7, 2005 in
the records of the Yavapai County Recorder.
(E) Sonic/chevron property.--
(i) Parcel 1.--A tract of land located in
that part of Lot 13, Section 18, Township 14,
North, Range 5 East of the Gila and Salt River
Base and Meridian, Yavapai County, Arizona,
being a portion of that parcel of land
described in Book 3068, Page 519 in the Office
of the Yavapai County Recorder, as described in
Book 4115, Page 876 recorded on February 2,
2004 in the records of the Yavapai County
Recorder.
(ii) Parcel 2.--A tract of land located in
that part of Lot 13, Section 18, Township 14
North, Range 5 East of the Gila and Salt River
Base and Meridian, Yavapai County, Arizona,
being a portion of that parcel of land
described in Book 3068, Page 519 in the Office
of the Yavapai County Recorder, as described in
Book 4115, Page 876 recorded on February 2,
2004 in the records of the Yavapai County
Recorder.
(iii) Parcel 3.--A tract of land located in
that part of Lot 13, Section 18, Township 14
North, Range 5 East of the Gila and Salt River
Base and Meridian, Yavapai County, Arizona,
being a portion of that parcel of land
described in Book 3068, Page 519 in the office
of the Yavapai County Recorder, as described in
Book 4115, Page 888 recorded on February 2,
2004 in the records of the Yavapai County
Recorder.
(F) Arena del loma property.--
(i) Parcel 1.--A tract of land located in
Section 19, Township 14 North, Range 5 East of
the Gila and Salt River Base and Meridian,
Yavapai County, Arizona, as described in
instrument number 2020-0044727 recorded on
August 7, 2020 in the records of the Yavapai
County Recorder.
(ii) Parcel 2.--A tract of land located in
Section 19, Township 14 North, Range 5 East of
the Gila and Salt River Base and Meridian,
Yavapai County, Arizona, lying within South
Middle Verde Road (Arena Del Loma Road) as
abandoned by Town of Camp Verde, as shown on
plat of record in Book 198 of Maps, Page 51,
records of Yavapai County, Arizona, as
described in instrument number 2020-0044727
recorded on August 7, 2020 in the records of
the Yavapai County Recorder.
(iii) Parcel 3.--A tract of land located in
the Northeast quarter of Section 19, Township
14 North, Range 5 East, of the Gila and Salt
River Base and Meridian, Yavapai County,
Arizona, being a portion of that parcel
described in Book 4227, page 525 Record Source
#1 (R1), records of the Yavapai County
Recorder's Office, as described in instrument
number 2022-0059695 recorded on October 6, 2022
in the records of the Yavapai County Recorder.
(G) Giant's grave property.--
(i) Parcel 1.--A tract of land located in
the Northeast quarter of the Southwest quarter
of Section 19, Township 16 North, Range 3 East
of the Gila and Salt River Base and Meridian,
Yavapai County, Arizona, as described in Book
3319, Page 620, instrument number 9667800
recorded on November 27, 1996 in the records of
the Yavapai County Recorder.
(ii) Parcel 2.--A tract of land located in
the South half of the South half of Section 19
and in the Northeast quarter of the Northwest
quarter of Section 30, Township 16 North, Range
3 East of the Gila and Salt River Base and
Meridian, Yavapai County, Arizona, as described
in Book 3319, Page 620, instrument number
9667800 recorded on November 27, 1996 in the
records of the Yavapai County Recorder.
(iii) Parcel 3.--A tract of land 20 feet in
width and more or less 178 feet in length
located in the South \1/2\ of Section 19,
Township 16 North, Range 3 East of the Gila and
Salt River Base and Meridian, Yavapai County,
Arizona, being a portion of that certain parcel
of land described in Book 3568, Page 18,
Official Records recorded in the Yavapai County
Recorder's Office, Yavapai County, Arizona, as
described in instrument number 2022-0036985
recorded on June 15, 2022 in the records of the
Yavapai County Recorder.
(2) Reservation status.--The land taken into trust under
paragraph (1) shall be a part of the Yavapai-Apache Reservation
and administered in accordance with the laws and regulations
generally applicable to the land held in trust by the United
States for an Indian Tribe.
(3) Valid existing rights.--The land taken into trust under
paragraph (1) shall be subject to valid existing rights,
including easements, rights-of-way, contracts, and managements
agreements.
(4) Limitations.--Nothing in this subsection (a) affects
any right or claim of the Yavapai-Apache Nation to any land or
interest in land in existence before the date of enactment of
this Act.
(5) Land descriptions.--The Secretary may correct, by
mutual agreement with the Yavapai-Apache Nation, any errors in
the land descriptions of the land conveyed to the Secretary
pursuant to Sections 110(b) and 201(b).
(6) Conflict.--If there is a conflict between a map and a
description of land in this Act, the map shall control unless
the Secretary and the Yavapai-Apache Nation mutually agree
otherwise.
SEC. 111. YAVAPAI-APACHE NATION CAP WATER.
(a) Yavapai-Apache Nation Amended Cap Water Delivery Contract.--
(1) In general.--In accordance with the Yavapai-Apache
Nation Water Rights Settlement Agreement and the requirements
described in paragraph (2), the Secretary shall enter into the
YAN Amended CAP Water Delivery Contract.
(2) Requirements.--The requirements referred to in
paragraph (1) are the following:
(A) In general.--The YAN Amended CAP Water Delivery
Contract shall--
(i) be for permanent service (as that term
is used in section 5 of the Boulder Canyon
Project Act (43 U.S.C. 617d));
(ii) take effect on the Enforceability
Date; and
(iii) be without limit as to term.
(B) Yan cap water.--
(i) In general.--The YAN CAP water may be
delivered for use in the State through--
(I) any project authorized under
this Act; or
(II) the CAP System.
(C) Contractual delivery.--The Secretary shall
deliver the YAN CAP water to Yavapai-Apache Nation in
accordance with the terms and conditions of the YAN
Amended CAP Water Delivery Contract.
(D) Delivery of cap indian priority water.--
(i) In general.--If a time of shortage
exists, as that term is described in the YAN
Amended CAP Water Delivery Contract, the amount
of CAP Indian Priority Water available to the
YAN in such Year shall be computed in
accordance with subsection 5.8 of the YAN
Amended CAP Repayment Contract.
(E) Leases and exchanges of yavapai-apache nation
cap water.--On or after the date on which the YAN
Amended CAP Water Delivery Contract becomes effective,
the Yavapai-Apache Nation may, with the approval of the
Secretary, enter into contracts or options to lease or
to exchange YAN CAP Water in Coconino, Gila, Maricopa,
Pinal, Pima, and Yavapai counties, Arizona, providing
for the temporary delivery to any individual or entity
of any portion of the YAN CAP Water.
(F) Terms of leases and exchanges.--
(i) Leasing.--Contracts or options to lease
under subparagraph (E) shall be for a term of
not more than 100 years.
(ii) Exchanges.--Contracts or options to
exchange under subparagraph (E) shall be for
the term provided for in the contract or
option, as applicable.
(iii) Renegotiation.--The YAN may, with the
approval of the Secretary, renegotiate any
lease described in subparagraph (E), at any
time during the term of the lease, if the term
of the renegotiated lease does not exceed 100
years.
(G) Prohibition on permanent alienation.--No YAN
CAP Water may be permanently alienated.
(H) Entitlement to lease and exchange funds;
obligations of the united states.--
(i) Entitlement.--
(I) In general.--The Yavapai-Apache
Nation shall be entitled to all
consideration due to the Yavapai-Apache
Nation under any contract to lease,
option to lease, contract to exchange,
or option to exchange the YAN CAP Water
entered into by the Yavapai-Apache
Nation.
(II) Exclusion.--The United States
shall not, in any capacity, be entitled
to the consideration described in
subclause (I).
(ii) Obligations 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 Yavapai-Apache Nation as
consideration under any contract to lease,
option to lease, contract to exchange, or
option to exchange the YAN CAP Water entered
into by Yavapai-Apache Nation, except in a case
in which the Yavapai-Apache Nation deposits the
proceeds of any lease, option to lease,
contract to exchange, or option to exchange
into an account held in trust for the Yavapai-
Apache Nation by the United States.
(I) Water use and storage.--
(i) In general.--The Yavapai-Apache Nation
may use YAN CAP Water on or off the YAN
Reservation.
(ii) Storage.--The Yavapai-Apache Nation,
in accordance with State law, may store YAN CAP
Water at 1 or more underground storage
facilities or groundwater savings facilities.
(iii) Assignment.--The Yavapai-Apache
Nation may, without the approval of the
Secretary, sell, transfer, or assign any long-
term storage credits accrued as a result of
storage described in clause (ii).
(I) Use outside state.--The Yavapai-Apache Nation
may not use, lease, exchange, forbear, or otherwise
transfer any YAN CAP Water for use directly or
indirectly outside the State.
(J) Cap fixed om&r charges.--
(i) In general.--The CAP Operating Agency
shall be paid the CAP Fixed OM&R charges
associated with the delivery of all YAN CAP
Water.
(ii) Payment of charges.--Except as
provided in subparagraph (N), all CAP Fixed
OM&R charges associated with the delivery of
YAN CAP Water to the Yavapai-Apache Nation
shall be paid by--
(I) the Secretary, pursuant to
section 403(f)(2)(A) of the Colorado
River Basin Project Act (43 U.S.C.
1543(f)(2)(A)), subject to the
condition that funds for that payment
are available in the Lower Colorado
River Basin Development Fund; and
(II) if the funds described in
subclause (I) become unavailable, the
Yavapai-Apache Nation.
(K) Cap pumping energy charges.--
(i) In general.--The CAP Operating Agency
shall be paid the CAP Pumping Energy Charge
associated with the delivery of YAN CAP Water
only in cases in which the CAP System is used
for the delivery of that water.
(ii) Payment of charges.--Except for CAP
Water not delivered through the CAP System,
which does not incur a CAP Pumping Energy
Charge, or water delivered to other persons as
described in subparagraph (N), any applicable
CAP Pumping Energy Charge associated with the
delivery of the YAN CAP Water shall be paid by
the Yavapai-Apache Nation.
(L) Waiver of property tax equivalency payments.--
No property tax or in-lieu property tax equivalency
shall be due or payable by the Yavapai-Apache Nation
for the delivery of CAP Water or for the storage of CAP
Water in an underground storage facility or groundwater
savings facility.
(M) Lessee responsibility for charges.--
(i) In general.--Any lease or option to
lease providing for the temporary delivery to
other persons of any YAN CAP Water shall
require the lessee to pay to the CAP Operating
Agency the CAP Fixed OM&R Charge and the CAP
Pumping Energy Charge associated with the
delivery of the leased water.
(ii) No responsibility for payment.--
Neither the Yavapai-Apache Nation nor the
United States in any capacity shall be
responsible for the payment of any charges
associated with the delivery of the YAN CAP
Water leased to other persons.
(N) Advance payment.--No YAN CAP Water shall be
delivered unless the CAP Fixed OM&R Charge and any
applicable CAP Pumping Energy Charge associated with
the delivery of that water have been paid in advance.
(O) Calculation.--The charges for delivery of YAN
CAP Water pursuant to the Yavapai-Apache Nation Amended
CAP Water Delivery Contract shall be calculated in
accordance with the CAP Repayment Stipulation.
(P) Cap repayment.--For purposes of determining the
allocation and repayment of costs of any stages of the
CAP System constructed after November 21, 2007, the
costs associated with the delivery of YAN CAP Water,
whether such water is delivered for use by the Yavapai-
Apache Nation, or in accordance with any assignment,
exchange, lease, option to lease, or other agreement
for the temporary disposition of YAN CAP Water entered
into by the YAN, shall be--
(i) nonreimbursable; and
(ii) excluded from the repayment obligation
of the Central Arizona Water Conservation
District.
(Q) Nonreimbursable cap construction costs.--
(i) In general.--With respect to the costs
associated with the construction of the CAP
System allocable to the Yavapai-Apache Nation--
(I) the costs shall be
nonreimbursable; and
(II) the Yavapai-Apache Nation
shall have no repayment obligation for
the costs.
(ii) Capital charges.--No CAP water service
capital charges shall be due or payable for the
YAN CAP Water, regardless of whether the YAN
CAP Water is delivered--
(I) for use by the Yavapai-Apache
Nation; or
(II) under any lease, option to
lease, exchange, or option to exchange
entered into by the Yavapai-Apache
Nation.
SEC. 112. ENFORCEABILITY DATE.
(a) In General.--The Agreement, including the waivers and releases
of claims described in section 108, shall take effect and be fully
enforceable on the date on which the Secretary publishes in the Federal
Register a statement of findings that--
(1) to the extent the Agreement conflicts with this Act--
(A) the Agreement has been revised through an
amendment to eliminate the conflict; and
(B) the revised Agreement, including any exhibit
requiring amendment or execution by any party to the
Agreement, has been executed by all required parties;
(2) the waivers, releases and retentions of claims
described in paragraph 13.0 of the Agreement and in section 108
of this Act have been executed by the Yavapai-Apache Nation,
the United States, and the other parties to the Agreement;
(3) the full amount described in section 107(a)(1)(A), as
adjusted by section 107(d)(1), has been deposited into the
Cragin-Verde Pipeline Account of the Tu nl[[nichoh Water
Infrastructure Project Fund;
(4) the full amount described in section 107(a)(1)(B), as
adjusted by section 107(d)(1), has been deposited into the YAN
Drinking Water System Account of the Tu nl[[nichoh Water
Infrastructure Project Fund;
(5) the full amounts described in sections 107(a)(2)(A),
(B), (C), (D) and (E), as adjusted by section 107(d)(2), have
been deposited into the Trust Fund;
(6) the Arizona Department of Water Resources has
conditionally approved the severance and transfer of the right
of SRP to the diversion and beneficial use of water under
Arizona Department of Water Rights Certificate of Water Right
No. 3696.0002 as described in Paragraph 8.0 of the Agreement,
in an amount not to exceed an average of 3,410.26 AFY, up to a
maximum of 3,977.92 acre-feet in any given Year, to the Nation
and the United States in its capacity as trustee for the
Nation, and has issued a conditional certificate of water right
to the Nation and the United States in its capacity as trustee
for the Nation, to become effective on the Enforceability Date;
(7) the changes in places of use and points of diversion
for the surface water rights to the Verde River as described in
Subparagraph 5.4 of the Agreement have been conditionally
approved, to become effective on the Enforceability Date,
provided that the YAN, in its sole discretion, may waive this
condition;
(8) the Gila River Adjudication Court has included the
water right for instream flow for the Nation and the United
States as trustee for the Nation, as described in Subparagraphs
11.2 and 11.3 of the YAN Judgment, which substantially conforms
to the attributes described in Exhibit 11.1B to the Agreement,
provided that the Nation, in its sole discretion, may waive
this condition;
(9) except as otherwise provided in paragraph (7) and (8),
the Gila River Adjudication Court has approved the YAN Judgment
in substantially the same form attached as Exhibit 13.9 to the
Agreement, as amended to ensure consistency with this Act;
(10) the Secretary has issued a final record of decision
approving the construction of the Tu nl[[nichoh Water
Infrastructure Project as described section 103 of this Act;
(11) the Nation and the Town of Clarkdale have executed the
Water and Sewer Service Agreement described in Exhibit 16.1.2.3
to the Agreement, provided that, the Nation, in its sole
discretion, may waive this condition;
(12) the Nation and the Town of Camp Verde have executed
the Interconnection and Exchange Agreement described in Exhibit
16.1.2.2 to the Agreement provided that, the Nation, in its
sole discretion, may waive this condition; and
(13) The tribal council of the Yavapai-Apache Nation has
adopted a resolution, as described in section 113(a) of this
Act, consenting to the limited waiver of sovereign immunity
from suit in the circumstances described in section 113(a)(3).
(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 Yavapai-
Apache Nation, the Secretary, and the State:
(A) this Act is repealed with the exception
described in paragraph (2) below;
(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
107(e)(2) that were used under that section against any
claims asserted by the Yavapai-Apache Nation against
the United States; and
(D) Any amounts appropriated under section 107,
together with any investment earnings on those amounts,
less any amounts expended under section 104(e)(2),
shall revert immediately to the general fund of the
Treasury.
(2) Exception.--Notwithstanding subsection (b)(1), 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 Yavapai-
Apache Nation, the Secretary, and the State, sections 110 and
201 shall remain in effect.
SEC. 113. ADMINISTRATION.
(a) Limited Waiver of Sovereign Immunity by the Yavapai-Apache
Nation and the United States Acting as Trustee for the Yavapai-Apache
Nation.--
(1) The Yavapai-Apache Nation, and the United States acting
as trustee for the Yavapai-Apache Nation, may be joined in any
action brought in any circumstance described in paragraph (3),
and any claim by the Yavapai-Apache Nation and the United
States to sovereign immunity from any such action is waived.
(2) By resolution dated June 26, 2024, the Yavapai-Apache
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
Yavapai-Apache Nation Code or any other Yavapai-Apache Nation
law.
(3) A circumstance referred to in subsections (a)(1) and
(a)(2) is described as any of the following:
(A) Any party to the 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 Agreement and exhibits to
the Agreement;
(ii) names the Yavapai-Apache Nation, or
the United States acting as trustee for the
Yavapai-Apache Nation, as a party in that
action; and
(iii) doesnot include any request for award
against the Yavapai-Apache Nation, or the
United States acting as trustee for the
Yavapai-Apache Nation, for money damages, court
costs, or attorney fees, except for claims
brought by a party pursuant to the YAN-SRP
Water Delivery and Use Agreement and YAN-SRP
Exchange Agreement.
(B) Any landowner or water user in 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 13.0 of the
Agreement;
(II) the Gila River Adjudication
Decree;
(III) section 108 of this Act; or
(ii) names the Yavapai-Apache Nation, or
the United States acting as trustee for the
Yavapai-Apache Nation, as a party in that
action; and
(iii) shall not include any request for
award against the Yavapai-Apache Nation, or the
United States acting as trustee for the
Yavapai-Apache Nation, for money damages, court
costs or attorney fees.
(b) Antideficiency.--Notwithstanding any authorization of
appropriations to carry out this Act, the United States shall not be
liable for any failure of the United States to carry out any obligation
or activity authorized by this Act (including all 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.
(c) Applicability of Reclamation Reform Act.--The Reclamation
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage
limitation or full-cost pricing provision under Federal law shall not
apply to any individual, entity, or land solely on the basis of--
(1) receipt of any benefit under this title;
(2) the execution or performance of the Agreement; or
(3) the use, storage, delivery, lease, or exchange of CAP
water.
SEC. 114. MISCELLANEOUS.
(a) C.C. Cragin Dam and Reservoir.--Section 213(f)(3)(B) of Public
Law 108-451 is amended to:
(1) Delete the reference in the first sentence to ``Blue
Ridge Reservoir'' and add a reference to ``C.C. Cragin Dam and
Reservoir'', as follows:
AVAILABILITY OF WATER.--Up to 3,500 acre-feet of
water per year may be made available from Blue Ridge
Reservoir C.C. Cragin Dam and Reservoir for municipal
and domestic uses in Northern Gila County, Arizona,
without cost to the Salt River Federal Reclamation
Project.
(2) Add a second sentence, as follows:
Up to 1,639.74 acre-feet of water per year may be
made available from the C.C. Cragin Reservoir for
municipal and domestic uses in Yavapai County, Arizona,
without cost to the Salt River Federal Reclamation
Project, provided that, on or before December 31, 2029,
water users in Yavapai County have contracted with the
Salt River Federal Reclamation Project for the use of
the water described in this subsection 213(f)(3)(B).
(b) Effect of Title.--Nothing in this title quantifies or otherwise
affects any water right or claim or entitlement to water of any Indian
tribe, band, or community other than the Yavapai-Apache Nation.
TITLE II--YAVAPAI-APACHE LAND EXCHANGE
SEC. 201. YAVAPAI-APACHE LAND EXCHANGE.
(a) Yavapai-Apache Land Exchange.--Notwithstanding any other
provision of law, the Secretary of the Department of Agriculture is
directed to--
(1) within thirty (30) days of enactment of this Act,
unless the Secretary of the Department of Agriculture has
already accepted title to such land, accept title to the Non-
Federal Land consisting of approximately 4,781.96 acres owned
by the Yavapai-Apache Nation in the State, as described in
subparagraphs (4)(A), (B), (C), (D), (E) and (F) and Exhibits
2.98G-1, 2.98G-2, 2.98G-3, 2.98G-4, 2.98G-5 and 2.98G-6 to the
Agreement, and such lands are deemed added to each National
Forest listed in the description in subparagraphs (a)(4)(A)-(F)
upon the date of acceptance of title by the Secretary of the
Department of Agriculture;
(2) within thirty (30) days of enactment of this Act,
unless such lands have already been transferred by the Forest
Service to the Yavapai-Apache Nation, transfer the Federal Land
consisting of approximately 3,087.90 acres held by the Forest
Service, as described in subparagraphs (5)(A), (B), (C), (D),
(E), (F), (G), (H) and (I) and shown in Exhibit 2.98A to the
Agreement, to the Secretary of the Interior to be held in trust
by the United States for the benefit of the Yavapai-Apache
Nation; and
(3) within thirty (30) days of enactment of this Act,
unless such lands have already been transferred by the Forest
Service to the Yavapai-Apache Nation as of the date of
enactment of this Act, convey the Federal Land consisting of
approximately 118.92 acres held by the Forest Service as
described in subparagraph (5)(J), to the Yavapai-Apache Nation
in fee.
(4) Non-federal land.--For purposes of this subsection (b),
Non-Federal Land shall include the following as depicted in
Exhibit 2.98 of the Agreement:
(A) Red Mountain at Yavapai Ranch Six Sections
Parcel (YAN1) - Prescott National Forest
(B) Johnston Ranch Parcel (YAN2) - Coconino
National Forest
(C) Pinedale Parcel (YAN3) - Apache-Sitgreaves
National Forest
(D) Laurel Leaf Parcel (YAN4) - Prescott National
Forest
(E) Heber Parcel (YAN5) - Apache-Sitgreaves
National Forest
(F) Williams Parcel (YAN6) - Kaibab National Forest
(5) Federal land.--For purposes of this subsection (b),
Federal Land shall include the following as depicted in Exhibit
2.98 of the Agreement:
(A) Montezuma A Parcel (NF1)
(B) Montezuma B Parcel (NF2)
(C) Montezuma C Parcel (NF3)
(D) Montezuma D Parcel (NF4)
(E) Lower 260 Parcel (NF5)
(F) Upper 260 Parcel (NF6)
(G) Middle Verde A Parcel (NF7)
(H) Middle Verde B Parcel (NF8)
(I) Middle Verde C Parcel (NF9)
(J) Cedar Ridge Parcel (NF10)
(b) Land To Be Taken Into Trust.--If the lands described in
subparagraphs (5)(A), (B), (C), (D), (E), (F), (G), (H) and (I) are
held by the Yavapai-Apache Nation in fee as of the date of enactment of
this Act, within thirty (30) days of enactment of this Act, the
Secretary is authorized and directed to take legal title to the land
and hold such land in trust for the benefit of the Yavapai-Apache
Nation.
(c) Reservation Status.--The land taken into trust under subsection
(b) shall be a part of the Yavapai-Apache Reservation and administered
in accordance with the laws and regulations generally applicable to the
land held in trust by the United States for an Indian Tribe.
(d) Valid Existing Rights.--The land taken into trust under
subsection (b) shall be subject to valid existing rights, including
easements, rights-of-way, contracts, and managements agreements.
(e) Limitations.--Nothing in this section 201 affects any right or
claim of the Yavapai-Apache Nation to any land or interest in land in
existence before the date of enactment of this Act.
SEC. 202. TOWN OF CAMP VERDE AND FOREST SERVICE.
(a) Town of Camp Verde Public Safety Parcel.--Pursuant to existing
authorities, the Forest Service shall work expeditiously with the Town
of Camp Verde to transfer title to the Town of Camp Verde of up to 40
acres of Forest Service land located at the intersection of Interstate
17 and General Crook Trail within the municipal boundaries of the Town
of Camp Verde for public safety and other municipal purposes.
<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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