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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2109 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2109

To approve the settlement of water rights claims of the Navajo Nation, 
 the Hopi Tribe, and the allottees of the Navajo Nation and Hopi Tribe 
 in the State of Arizona, to authorize construction of municipal water 
  projects relating to the water rights claims, to resolve litigation 
    against the United States concerning Colorado River operations 
affecting the States of California, Arizona, and Nevada, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2012

  Mr. Kyl (for himself and Mr. McCain) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL

 
To approve the settlement of water rights claims of the Navajo Nation, 
 the Hopi Tribe, and the allottees of the Navajo Nation and Hopi Tribe 
 in the State of Arizona, to authorize construction of municipal water 
  projects relating to the water rights claims, to resolve litigation 
    against the United States concerning Colorado River operations 
affecting the States of California, Arizona, and Nevada, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Navajo-Hopi Little 
Colorado River Water Rights Settlement Act of 2012''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
  TITLE I--NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT 
                               AGREEMENT

Sec. 101. Ratification and execution of the Navajo-Hopi Little Colorado 
                            River water rights settlement agreement.
Sec. 102. Water rights.
Sec. 103. Authorization for construction of municipal, domestic, 
                            commercial, and industrial water projects.
Sec. 104. Funding.
Sec. 105. Waivers, releases, and retentions of claims.
Sec. 106. Satisfaction of water rights and other benefits.
Sec. 107. After-acquired trust land.
Sec. 108. Enforceability date.
Sec. 109. Administration.
Sec. 110. Environmental compliance.
                TITLE II--CENTRAL ARIZONA PROJECT WATER

Sec. 201. Conditions for reallocation of CAP NIA priority water.
Sec. 202. Reallocation of CAP NIA priority water, firming, water 
                            delivery contract.
Sec. 203. Colorado River accounting.
Sec. 204. No modification of existing laws.
Sec. 205. Amendments.
Sec. 206. Retention of Lower Colorado River water for future Lower 
                            Colorado River settlement.
Sec. 207. Authorization of appropriations for feasibility study.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) it is the policy of the United States, in keeping with 
        the trust responsibility of the United States to Indian tribes, 
        to settle Indian water rights claims whenever possible without 
        lengthy and costly litigation;
            (2) the water rights settlements described in paragraph (1) 
        typically require congressional review and approval;
            (3) the Navajo Nation and the United States, acting as 
        trustee for the Navajo Nation and allottees of the Navajo 
        Nation, claim the right to an unquantified amount of water from 
        the Little Colorado River system and source;
            (4) the Navajo Nation claims the right to an unquantified 
        amount of water from the lower basin of the Colorado River and 
        has challenged the legality of the Colorado River Interim 
        Surplus Guidelines, the Colorado River Quantification 
        Settlement Agreement of the State of California, interstate 
        water banking regulations, and Central Arizona Project water 
        deliveries;
            (5) the defendants in the action described in paragraph (4) 
        include--
                    (A) the Department of the Interior, including the 
                Bureau of Reclamation and the Bureau of Indian Affairs, 
                and
                    (B) intervenor-defendants, including--
                            (i) the Southern Nevada Water Authority;
                            (ii) the Colorado River Commission of 
                        Nevada;
                            (iii) the State of Arizona;
                            (iv) the State of Nevada;
                            (v) the Central Arizona Water Conservation 
                        District;
                            (vi) the Southern California Metropolitan 
                        Water District;
                            (vii) the Imperial Irrigation District;
                            (viii) the Coachella Valley Water District;
                            (ix) the Arizona Power Authority;
                            (x) the Salt River Project Agricultural 
                        Improvement and Power District; and
                            (xi) the Salt River Valley Water Users 
                        Association;
            (6) the Hopi Tribe and the United States, acting as trustee 
        for the Hopi Tribe and allottees of the Hopi Tribe, claim the 
        right to an unquantified amount of water from the Little 
        Colorado River system and source; and
            (7) consistent with the policy of the United States, this 
        Act settles the water rights claims of the Navajo Nation, 
        allottees of the Navajo Nation, the Hopi Tribe, and allottees 
        of the Hopi Tribe by providing drinking water infrastructure to 
        the Navajo Nation and the Hopi Tribe in exchange for limiting 
        the legal exposure and litigation expenses of the United 
        States, the States of Arizona and Nevada, and agricultural, 
        municipal, and industrial water users in the States of Arizona, 
        Nevada, and California.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to resolve, fully and finally--
                    (A) any and all claims to the Little Colorado River 
                system and source in the State of Arizona of--
                            (i) the Navajo Nation, on behalf of itself 
                        and the members of the Navajo Nation;
                            (ii) the United States, acting as trustee 
                        for the Navajo Nation, the members of the 
                        Navajo Nation, and allottees of the Navajo 
                        Nation;
                            (iii) the Hopi Tribe, on behalf of itself 
                        and the members of the Hopi Tribe; and
                            (iv) the United States, acting as trustee 
                        for the Hopi Tribe, the members of the Hopi 
                        Tribe, and allottees of the Hopi Tribe; and
                    (B) any and all claims to the Gila River system and 
                source in the State of Arizona of the Navajo Nation, on 
                behalf of itself and the members of the Navajo Nation;
            (2) to approve, ratify, and confirm the settlement 
        agreement entered into among the Navajo Nation, the Hopi Tribe, 
        the United States, the State of Arizona, and any other party;
            (3) to authorize and direct the Secretary to execute and 
        perform the duties and obligations of the Secretary under the 
        settlement agreement and this Act; and
            (4) to authorize any actions and appropriations necessary 
        for the United States to fulfill the duties and obligations of 
        the United States to the Navajo Nation, allottees of the Navajo 
        Nation, the Hopi Tribe, and allottees of the Hopi Tribe, as 
        provided in the settlement agreement and this Act.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) 1934 act case.--The term ``1934 Act case'' means the 
        litigation styled Honyoama v. Shirley, Case No. CIV 74-842-PHX-
        EHC (D. Ariz. 2006).
            (2) Abstract.--The term ``abstract'' means a summary of 
        water rights or uses held or owned by any person, as 
        represented in a form substantially similar to the form 
        attached as exhibit 3.1.4 to the settlement agreement.
            (3) Afy.--The term ``afy'' means acre-feet per year.
            (4) Allotment.--The term ``allotment'' means an allotment 
        that--
                    (A) was originally allotted to an individual 
                identified as a Navajo or Hopi Indian in the allotting 
                document;
                    (B) is located--
                            (i) within the exterior boundaries of the 
                        Navajo Reservation;
                            (ii) within the exterior boundaries of the 
                        Hopi Reservation; or
                            (iii) on land that is--
                                    (I) off-reservation land; and
                                    (II) within Apache, Coconino, or 
                                Navajo County, in the State; and
                    (C) is held in trust by the United States for the 
                benefit of an allottee.
            (5) Allottee.--The term ``allottee'' means a person who 
        holds a beneficial real property interest in an allotment.
            (6) Available cap supply.--The term ``available CAP 
        supply'' means, for any given year--
                    (A) all fourth priority Colorado River water 
                available for delivery through the CAP system;
                    (B) water available from CAP dams and reservoirs 
                other than Modified Roosevelt Dam; and
                    (C) return flows captured by the Secretary for CAP 
                use.
            (7) CAP contract.--The term ``CAP contract'' means a long-
        term contract or subcontract, as those terms are used in the 
        CAP repayment stipulation, for delivery of CAP water.
            (8) CAP contractor.--The term ``CAP contractor'' means a 
        person or entity that has entered into a long-term contract or 
        subcontract (as those terms are used in the CAP repayment 
        stipulation) with the United States or the United States and 
        the Central Arizona Water Conservation District for delivery of 
        water through the CAP system.
            (9) CAP fixed om&r charge.--The term ``CAP fixed OM&R 
        charge'' means ``Fixed OM&R Charge'', as that term is defined 
        in the CAP repayment stipulation.
            (10) CAP m&i priority water.--The term ``CAP M&I priority 
        water'' means the CAP water that has a municipal and industrial 
        delivery priority under the CAP repayment contract.
            (11) CAP nia priority water.--The term ``CAP NIA priority 
        water'' means the CAP water deliverable under a CAP contract 
        providing for the delivery of non-Indian agricultural priority 
        water.
            (12) CAP operating agency.--
                    (A) In general.--The term ``CAP operating agency'' 
                has the meaning given the term in section 2 of the 
                Arizona Water Settlements Act (Public Law 108-451; 118 
                Stat. 3478).
                    (B) Administration.--As of the date of enactment of 
                this Act, the ``CAP operating agency'' is the Central 
                Arizona Water Conservation District.
            (13) Cap pumping energy charge.--The term ``CAP pumping 
        energy charge'' means ``Pumping Energy Charge'', as that term 
        is defined in the CAP repayment stipulation.
            (14) CAP repayment contract.--The term ``CAP repayment 
        contract'' has the meaning given the term in section 2 of the 
        Arizona Water Settlements Act (Public Law 108-451; 118 Stat. 
        3478).
            (15) CAP repayment stipulation.--The term ``CAP repayment 
        stipulation'' means the Stipulated Judgment and the Stipulation 
        for Judgment (including exhibits), entered on November 21, 
        2007, in the case styled Central Arizona Water Conservation 
        District v. United States, et al., No. CIV 95-625-TUC-WDB 
        (EHC), No. CIV 95-1720-PHX-EHC (Consolidated Action), United 
        States District Court for the District of Arizona (including 
        any amendments or revisions).
            (16) CAP system.--The term ``CAP system'' has the meaning 
        given the term in section 2 of the Arizona Water Settlements 
        Act (Public Law 108-451; 118 Stat. 3478).
            (17) CAP water.--The term ``CAP water'' means ``Project 
        Water'', as that term is defined in the CAP repayment 
        stipulation.
            (18) Central arizona project or cap.--The term ``Central 
        Arizona Project'' or ``CAP'' means the Federal reclamation 
        project authorized and constructed by the United States in 
        accordance with title III of the Colorado River Basin Project 
        Act (43 U.S.C. 1521 et seq.).
            (19) Central arizona water conservation district.--The term 
        ``Central Arizona Water Conservation District'' means the 
        political subdivision of the State that is the contractor under 
        the CAP repayment contract.
            (20) Colorado river compact.--The term ``Colorado River 
        Compact'' means the Colorado River Compact of 1922, as ratified 
        and reprinted in article 2 of chapter 7 of title 45, Arizona 
        Revised Statutes.
            (21) Colorado river system.--The term ``Colorado River 
        system'' has the meaning given the term in article II(a) of the 
        Colorado River Compact.
            (22) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Reclamation.
            (23) Decree.--The term ``decree'', when used without a 
        modifying adjective, means--
                    (A) the decree of the Supreme Court in the case 
                styled Arizona v. California (376 U.S. 340 (1964));
                    (B) the Consolidated Decree entered on March 27, 
                2006 (547 U.S. 150), in the case described in 
                subparagraph (A); and
                    (C) any modifications to the decrees described in 
                subparagraphs (A) and (B).
            (24) Divert.--The term ``divert'' means to receive, 
        withdraw, develop, produce, or capture groundwater, surface 
        water, Navajo Nation CAP water, or effluent by means of a 
        ditch, canal, flume, bypass, pipeline, pit, collection or 
        infiltration gallery, conduit, well, pump, turnout, other 
        mechanical device, or any other human act, including the 
        initial impoundment of that water.
            (25) Effluent.--
                    (A) In general.--The term ``effluent'' means water 
                that--
                            (i) has been used in the State for 
                        domestic, municipal, or industrial purposes; 
                        and
                            (ii) is available for use for any purpose.
                    (B) Exclusion.--The term ``effluent'' does not 
                include water that has been used solely for hydropower 
                generation.
            (26) Fourth priority colorado river water.--The term 
        ``fourth priority Colorado River water'' means Colorado River 
        water that is available for delivery in the State for 
        satisfaction of entitlements--
                    (A) pursuant to contracts, Secretarial 
                reservations, perfected rights, and other arrangements 
                between the United States and water users in the State 
                entered into or established subsequent to September 30, 
                1968, for use on Federal, State, or privately owned 
                land in the State, in a total quantity that does not 
                exceed 164,652 afy of diversions; and
                    (B) after first providing for the delivery of water 
                under section 304(e) of the Colorado River Basin 
                Project Act (43 U.S.C. 1524(e)), pursuant to the CAP 
                repayment contract for the delivery of Colorado River 
                water for the CAP, including use of Colorado River 
                water on Indian land.
            (27) Gila river adjudication.--The term ``Gila River 
        adjudication'' means the action pending in the Superior Court 
        of the State of Arizona in and for the County of Maricopa 
        styled In Re the General Adjudication of All Rights To Use 
        Water In The Gila River System and Source, W-1 (Salt), W-2 
        (Verde), W-3 (Upper Gila), W-4 (San Pedro) (Consolidated).
            (28) Gila river adjudication court.--The term ``Gila River 
        adjudication court'' means the Superior Court of the State of 
        Arizona in and for the County of Maricopa, exercising 
        jurisdiction over the Gila River adjudication.
            (29) Gila river adjudication decree.--The term ``Gila River 
        adjudication decree'' means the judgment or decree entered by 
        the Gila River adjudication court, which shall be in 
        substantially the same form as the form of judgment attached to 
        the settlement agreement as exhibit 3.1.49.
            (30) Groundwater.--The term ``groundwater'' means all water 
        beneath the surface of the earth within the State that is not--
                    (A) surface water;
                    (B) underground water within the Upper Basin;
                    (C) Lower Colorado River water; or
                    (D) effluent.
            (31) Hopi fee land.--The term ``Hopi fee land'' means land, 
        other than Hopi trust land, that--
                    (A) is located in the State;
                    (B) is located outside the exterior boundaries of 
                the Hopi Reservation; and
                    (C) as of the LCR enforceability date, is owned by 
                the Hopi Tribe, including ownership through a related 
                entity.
            (32) Hopi groundwater project.--The term ``Hopi Groundwater 
        Project'' means the project carried out in accordance with 
        section 103(b).
            (33) Hopi groundwater project account.--The term ``Hopi 
        Groundwater Project Account'' means the account created in the 
        Treasury of the United States pursuant to section 104(c).
            (34) Hopi land.--The term ``Hopi land'' means--
                    (A) the Hopi Reservation;
                    (B) Hopi trust land; and
                    (C) Hopi fee land.
            (35) Hopi om&r trust account.--The term ``Hopi OM&R Trust 
        Account'' means the account created in the Treasury of the 
        United States pursuant to section 104(d).
            (36) Hopi reservation.--
                    (A) In general.--The term ``Hopi Reservation'' 
                means the land within the exterior boundaries of the 
                Hopi Reservation, including--
                            (i) all land withdrawn by the Executive 
                        Order dated December 16, 1882, and in which the 
                        Hopi Tribe is recognized as having an exclusive 
                        interest in the case styled Healing v. Jones, 
                        Case No. CIV-579 (D. Ariz. September 28, 1962), 
                        or that was partitioned to the Hopi Tribe in 
                        accordance with section 4 of the Act of 
                        December 22, 1974 (Public Law 93-531; 88 Stat. 
                        1713), and codified in the Navajo-Hopi Land 
                        Dispute Settlement Act of 1996 (25 U.S.C. 640d 
                        note; Public Law 104-301);
                            (ii) all land partitioned to the Hopi Tribe 
                        by Judgment of Partition, dated February 10, 
                        1977, in the case styled Sekaquaptewa v. 
                        MacDonald, Case No. CIV-579-PCT-JAW (D. Ariz.);
                            (iii) all land recognized as part of the 
                        Hopi Reservation in the 1934 Act case; and
                            (iv) all individual allotments made to 
                        members of the Hopi Tribe within the boundaries 
                        of the Hopi Reservation.
                    (B) Map.--
                            (i) In general.--The ``Hopi Reservation'' 
                        is also depicted more particularly on the map 
                        attached to the settlement agreement as exhibit 
                        3.1.100.
                            (ii) Applicability.--In case of a conflict 
                        relating to the ``Hopi Reservation'' as 
                        depicted on the map under clause (i) and the 
                        definition in subparagraph (A), the definition 
                        under subparagraph (A) shall control.
                    (C) Exclusion.--The term ``Hopi Reservation'' does 
                not include any land held in trust by the United States 
                for the benefit of the Navajo Nation within the 
                exterior boundaries of the Hopi Reservation.
            (37) Hopi tribe.--The term ``Hopi Tribe'' means the Hopi 
        Tribe, a Tribe of Hopi Indians organized under section 16 of 
        the Act of June 18, 1934 (25 U.S.C. 476) (commonly known as the 
        ``Indian Reorganization Act'').
            (38) Hopi trust land.--The term ``Hopi trust land'' means 
        land that--
                    (A) is located in the State;
                    (B) is located outside the exterior boundaries of 
                the Hopi Reservation; and
                    (C) as of the LCR enforceability date, is held in 
                trust by the United States for the benefit of the Hopi 
                Tribe.
            (39) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (40) Injury to quality of lower colorado river water.--The 
        term ``injury to quality of Lower Colorado River water'' 
        means--
                    (A) any diminution or degradation of the quality of 
                Lower Colorado River water due to a change in the 
                salinity or concentration of naturally occurring 
                chemical constituents of Lower Colorado River water; 
                and
                    (B) any effect of a change described in 
                subparagraph (A) if the change and effect of the change 
                are due to the withdrawal, diversion, or use of Lower 
                Colorado River water.
            (41) Injury to rights to lower colorado river water.--The 
        term ``injury to rights to Lower Colorado River water'' means 
        any interference with, diminution of, or deprivation of the 
        right of any entity to Lower Colorado River water under 
        applicable law.
            (42) Injury to water quality.--The term ``injury to water 
        quality'' means--
                    (A) any diminution or degradation of the quality of 
                water due to a change in the salinity or concentration 
                of naturally occurring chemical constituents of water; 
                and
                    (B) any effect of a change described in 
                subparagraph (A) if the change and effect of the change 
                are due to the withdrawal, diversion, or use of water.
            (43) Injury to water rights.--The term ``injury to water 
        rights'' means an interference with, diminution of, or 
        deprivation of, water rights under applicable law.
            (44) LCR.--The term ``LCR'' means the Little Colorado 
        River, a tributary of the Colorado River in Arizona.
            (45) LCR adjudication.--The term ``LCR adjudication'' means 
        the action pending in the Superior Court of the State of 
        Arizona in and for the County of Apache styled In Re the 
        General Adjudication of All Rights To Use Water In The Little 
        Colorado River System and Source, CIV No. 6417.
            (46) LCR adjudication court.--The term ``LCR adjudication 
        court'' means the Superior Court of the State of Arizona in and 
        for the County of Apache, exercising jurisdiction over the LCR 
        adjudication.
            (47) LCR decree.--The term ``LCR decree'' means the 
        judgment and decree entered by the LCR adjudication court, 
        which shall be in substantially the same form as the form of 
        judgment attached to the settlement agreement as exhibit 
        3.1.70.
            (48) LCR enforceability date.--The term ``LCR 
        enforceability date'' means the date on which the Secretary 
        publishes in the Federal Register the statement of findings 
        described in section 108(a).
            (49) LCR watershed.--The term ``LCR watershed'' means all 
        land located within the surface water drainage of the LCR and 
        the tributaries of the LCR in the State.
            (50) Lee ferry.--The term ``Lee Ferry'' has the meaning 
        given the term in article II(e) of the Colorado River Compact.
            (51) Lower basin.--The term ``lower basin'' has the meaning 
        given the term in article II(g) of the Colorado River Compact.
            (52) Lower colorado river.--The term ``Lower Colorado 
        River'' means the portion of the Colorado River that is in the 
        United States and downstream from Lee Ferry, including any 
        reservoirs on that portion of the Colorado River.
            (53) Lower colorado river basin development fund.--The term 
        ``Lower Colorado River Basin Development Fund'' means the fund 
        established by section 403 of the Colorado River Basin Project 
        Act (43 U.S.C. 1543).
            (54) Lower colorado river water.--
                    (A) In general.--The term ``Lower Colorado River 
                water'' means the waters of the Lower Colorado River, 
                including--
                            (i) the waters of the reservoirs on the 
                        Lower Colorado River;
                            (ii) the waters of the tributaries to the 
                        Lower Colorado River, other than--
                                    (I) tributaries located within the 
                                State;
                                    (II) tributaries located within the 
                                Western Navajo Colorado River Basin; or
                                    (III) tributaries of the LCR in the 
                                State of New Mexico;
                            (iii) all underground water that is 
                        hydraulically connected to the Lower Colorado 
                        River; and
                            (iv) all underground water that is 
                        hydraulically connected to tributaries to the 
                        Lower Colorado River, other than--
                                    (I) tributaries located within the 
                                State;
                                    (II) tributaries located within the 
                                Western Navajo Colorado River Basin; or
                                    (III) tributaries of the LCR in the 
                                State of New Mexico.
                    (B) Applicability.--The definition of the term 
                ``Lower Colorado River water'' in subparagraph (A) and 
                any definition of the term included in the settlement 
                agreement--
                            (i) shall apply only to this Act and the 
                        settlement agreement, as applicable; and
                            (ii) shall not be used in any 
                        interpretation of--
                                    (I) the Colorado River Compact;
                                    (II) the Boulder Canyon Project Act 
                                (43 U.S.C. 617 et seq.);
                                    (III) the Colorado River Basin 
                                Project Act (43 U.S.C. 1501 et seq.); 
                                or
                                    (IV) any contract or agreement 
                                entered into pursuant to the documents 
                                described in subclauses (I) through 
                                (III).
            (55) Navajo fee land.--The term ``Navajo fee land'' means 
        land, other than Navajo trust land, that--
                    (A) is located in the State;
                    (B) is located outside the exterior boundaries of 
                the Navajo Reservation; and
                    (C) as of the LCR enforceability date, is owned by 
                the Navajo Nation, including through a related entity.
            (56) Navajo-gallup water supply project.--The term 
        ``Navajo-Gallup water supply project'' means the project 
        authorized, constructed, and operated pursuant to the 
        Northwestern New Mexico Rural Water Projects Act (Public Law 
        111-11; 123 Stat. 1368).
            (57) Navajo generating station.--The term ``Navajo 
        generating station'' means the Navajo generating station, a 
        steam electric generating station located on the Navajo 
        Reservation near Page, Arizona, and consisting of Units 1, 2, 
        and 3, the switchyard facilities, and all facilities and 
        structures used or related to the Navajo generating station.
            (58) Navajo groundwater projects.--The term ``Navajo 
        Groundwater Projects'' means the projects carried out in 
        accordance with section 103(a).
            (59) Navajo groundwater projects account.--The term 
        ``Navajo Groundwater Projects Account'' means the account 
        created in the Treasury of the United States pursuant to 
        section 104(a).
            (60) Navajo land.--The term ``Navajo land'' means--
                    (A) the Navajo Reservation;
                    (B) Navajo trust land; and
                    (C) Navajo fee land.
            (61) Navajo nation.--
                    (A) In general.--The term ``Navajo Nation'' means 
                the Navajo Nation, a body politic and federally 
                recognized Indian nation, as provided in the notice of 
                the Department of the Interior entitled ``Indian 
                Entities Recognized and Eligible To Receive Services 
                From The United States Bureau of Indian Affairs'' (75 
                Fed. Reg. 60810 (October 1, 2010)) published pursuant 
                to section 104 of the Federally Recognized Indian Tribe 
                List Act of 1994 (25 U.S.C. 479a-1).
                    (B) Inclusions.--
                            (i) In general.--The term ``Navajo Nation'' 
                        includes--
                                    (I) the Navajo Tribe;
                                    (II) the Navajo Tribe of Arizona, 
                                New Mexico & Utah;
                                    (III) the Navajo Tribe of Indians; 
                                and
                                    (IV) other similar names.
                            (ii) Bands and chapters.--The term ``Navajo 
                        Nation'' includes all bands of Navajo Indians 
                        and chapters of the Navajo Nation.
            (62) Navajo nation cap water.--The term ``Navajo Nation CAP 
        water'' means the 6,411 afy of the CAP NIA priority water 
        retained by the Secretary pursuant to section 104(a)(1)(B)(ii) 
        of the Arizona Water Settlements Act of 2004 (Public Law 108-
        451; 118 Stat. 3487) and reallocated to the Navajo Nation 
        pursuant to section 202(a) of this Act.
            (63) Navajo nation water delivery contract.--The term 
        ``Navajo Nation water delivery contract'' means the contract 
        entered into pursuant to the settlement agreement and section 
        202(c) of this Act for the delivery of Navajo Nation CAP water.
            (64) Navajo om&r trust account.--The term ``Navajo OM&R 
        Trust Account'' means the account created in the Treasury of 
        the United States pursuant to section 104(b).
            (65) Navajo project lease.--The term ``Navajo Project 
        lease'' means the Indenture of Lease made and entered into on 
        September 29, 1969, between--
                    (A) the Navajo Nation, as lessor; and
                    (B) lessees--
                            (i) the Arizona Public Service Company 
                        (including any successor or assignee);
                            (ii) the Department of Water and Power of 
                        the City of Los Angeles (including any 
                        successor or assignee);
                            (iii) the Nevada Power Company (including 
                        any successor or assignee);
                            (iv) the Salt River Project Agricultural 
                        Improvement and Power District (including any 
                        successor or assignee); and
                            (v) the Tucson Gas & Electric Company 
                        (including any successor or assignee).
            (66) Navajo project lessees.--The term ``Navajo Project 
        lessees'' means the lessees described in paragraph (65)(B).
            (67) Navajo reservation.--
                    (A) In general.--The term ``Navajo Reservation'' 
                means land that is within the exterior boundaries of 
                the Navajo Reservation in the State, as defined by the 
                Act of June 14, 1934 (48 Stat. 960, chapter 521), 
                including--
                            (i) all land--
                                    (I) withdrawn by the Executive 
                                Order dated December 16, 1882, and 
                                partitioned to the Navajo Nation in 
                                accordance with the Act of December 22, 
                                1974 (Public Law 93-531; 88 Stat. 
                                1713), and codified in the Navajo-Hopi 
                                Land Dispute Settlement Act of 1996 (25 
                                U.S.C. 640d note; Public Law 104-301); 
                                and
                                    (II) partitioned to the Navajo 
                                Nation by Judgment of Partition, dated 
                                February 10, 1977, in the case styled 
                                Sekaquaptewa v. MacDonald, Case No. 
                                CIV-579-PCT-JAW (D. Ariz.); and
                            (ii) all land taken into trust as a part of 
                        the Navajo Reservation pursuant to section 11 
                        of the Act of December 22, 1974 (25 U.S.C. 
                        640d-10) and codified in the Navajo-Hopi Land 
                        Dispute Settlement Act of 1996 (25 U.S.C. 640d 
                        note; Public Law 104-301).
                    (B) Map.--
                            (i) In general.--The ``Navajo Reservation'' 
                        is also depicted more particularly on the map 
                        attached to the settlement agreement as exhibit 
                        3.1.100.
                            (ii) Applicability.--In case of a conflict 
                        relating to the ``Navajo Reservation'' as 
                        depicted on the map under clause (i) and the 
                        definition in subparagraph (A), the map under 
                        clause (i) shall control.
                    (C) Exclusion.--Except as provided in paragraph 
                (36)(C), the term ``Navajo Reservation'' does not 
                include any land within the boundaries of the Hopi 
                Reservation.
            (68) Navajo trust land.--The term ``Navajo trust land'' 
        means land that--
                    (A) is located in the State;
                    (B) is located outside the exterior boundaries of 
                the Navajo Reservation; and
                    (C) as of the LCR enforceability date, is held in 
                trust by the United States for the benefit of the 
                Navajo Nation.
            (69) Norviel decree.--The term ``Norviel Decree'' means the 
        final decree of the State of Arizona Superior Court in and for 
        the County of Apache in the case styled The St. John's 
        Irrigation Company and the Meadows Reservoir Irrigation 
        Company, et al. v. Round Valley Water Storage & Ditch Company, 
        Eagar Irrigation Company, Springerville Water Right and Ditch 
        Company, et al., Case No. 569 (Apr. 29, 1918), including any 
        modifications to the final decree.
            (70) OM&R.--The term ``OM&R'' means operation, maintenance, 
        and replacement.
            (71) Party.--The term ``party'' means a person who is a 
        signatory to the settlement agreement.
            (72) Peabody.--The term ``Peabody'' means the Peabody 
        Western Coal Company, including any affiliate or successor of 
        the Peabody Western Coal Company.
            (73) Person.--
                    (A) In general.--The term ``person'' means--
                            (i) an individual;
                            (ii) a public or private corporation;
                            (iii) a company;
                            (iv) a partnership;
                            (v) a joint venture;
                            (vi) a firm;
                            (vii) an association;
                            (viii) a society;
                            (ix) an estate or trust;
                            (x) a private organization or enterprise;
                            (xi) the United States;
                            (xii) an Indian tribe;
                            (xiii) a State, territory, or country;
                            (xiv) a governmental entity; and
                            (xv) a political subdivision or municipal 
                        corporation organized under or subject to the 
                        constitution and laws of the State.
                    (B) Inclusions.--The term ``person'' includes an 
                officer, director, agent, insurer, representative, 
                employee, attorney, assign, subsidiary, affiliate, 
                enterprise, legal representative, any predecessor and 
                successor in interest and any heir of a predecessor and 
                successor in interest of a person.
            (74) Preconstruction activity.--
                    (A) In general.--The term ``preconstruction 
                activity'' means the work associated with the 
                preplanning, planning, and design phases of 
                construction, as those terms are defined in paragraphs 
                (1) through (3) of section 900.112(a) of title 25, Code 
                of Federal Regulations (or successor regulation).
                    (B) Inclusion.--The term ``preconstruction 
                activity'' includes activities described in section 
                900.112(b) of title 25, Code of Federal Regulations (or 
                successor regulation).
            (75) Railroad granted land.--The term ``Railroad granted 
        land'' means the land granted (including Federal rights-of-way 
        and easements) to Navajo Project lessees in accordance with 
        sections 1.16 and 2 of the grant issued by the Secretary and 
        dated January 19, 1971.
            (76) Rights to lower colorado river water.--The term 
        ``rights to Lower Colorado River water'' means any and all 
        rights in or to Lower Colorado River water under applicable 
        law.
            (77) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior (or the designee of the Secretary).
            (78) Settlement agreement.--
                    (A) In general.--The term ``settlement agreement'' 
                means the 2012 agreement, including exhibits, entitled 
                the ``Navajo-Hopi Little Colorado River Water Rights 
                Settlement Agreement''.
                    (B) Inclusions.--The term ``settlement agreement'' 
                includes--
                            (i) any amendments necessary to make the 
                        settlement agreement consistent with this Act; 
                        and
                            (ii) any other amendments approved by the 
                        parties to the settlement agreement and the 
                        Secretary.
            (79) State.--The term ``State'' means the State of Arizona.
            (80) State implementing law.--The term ``State implementing 
        law'' means a law enacted by the State that includes terms that 
        are substantially similar to the terms of the settlement 
        agreement and attached to the settlement agreement as exhibit 
        3.1.128.
            (81) Surface water.--
                    (A) In general.--The term ``surface water'' means 
                all water in the State that is appropriable under State 
                law.
                    (B) Exclusions.--The term ``surface water'' does 
                not include--
                            (i) appropriable water that is located 
                        within the upper basin; or
                            (ii) Lower Colorado River water.
            (82) Underground water.--
                    (A) In general.--The term ``underground water'' 
                means all water beneath the surface of the earth within 
                the boundaries of the State, regardless of the legal 
                characterization of that water as appropriable or 
                nonappropriable under applicable law.
                    (B) Exclusion.--The term ``underground water'' does 
                not include effluent.
            (83) Upper basin.--The term ``upper basin'' has the meaning 
        given the term in article II(f) of the Colorado River Compact.
            (84) Upper basin compact.--The term ``Upper Basin Compact'' 
        means the Upper Colorado River Basin Compact of 1948, as 
        ratified and reprinted in article 3 of chapter 7 of title 45, 
        Arizona Revised Statutes.
            (85) Upper basin water.--The term ``upper basin water'' 
        means the waters of the upper basin.
            (86) Water.--The term ``water'', when used without a 
        modifying adjective, means--
                    (A) groundwater;
                    (B) surface water; and
                    (C) effluent.
            (87) Water right.--The term ``water right'' means any right 
        in or to water under Federal, State, or law.
            (88) Western navajo colorado river basin.--The term 
        ``Western Navajo Colorado River Basin'' means the portions of 
        the Navajo Reservation that are located in the lower basin and 
        outside of the LCR watershed.
            (89) Window rock.--The term ``Window Rock'' means the 
        geographical area in the State to be served by the Navajo-
        Gallup water supply project, which shall include Window Rock, 
        Arizona.

  TITLE I--NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT 
                               AGREEMENT

SEC. 101. RATIFICATION AND EXECUTION OF THE NAVAJO-HOPI LITTLE COLORADO 
              RIVER WATER RIGHTS SETTLEMENT AGREEMENT.

    (a) In General.--Except to the extent that any provision of the 
settlement agreement conflicts with this Act, the settlement agreement 
is authorized, ratified, and confirmed.
    (b) Amendments to Settlement Agreement.--If an amendment to the 
settlement agreement is executed to make the settlement agreement 
consistent with this Act, the amendment is authorized, ratified, and 
confirmed.
    (c) Execution of Settlement Agreement.--To the extent the 
settlement agreement does not conflict with this Act, the Secretary 
shall promptly execute--
            (1) the settlement agreement, including all exhibits to the 
        settlement agreement requiring the signature of the Secretary; 
        and
            (2) any amendments to the settlement agreement, including 
        any amendment to any exhibit to the settlement agreement 
        requiring the signature of the Secretary, necessary to make the 
        settlement agreement consistent with this Act.
    (d) Discretion of the Secretary.--The Secretary may execute any 
other amendment to the settlement agreement, including any amendment to 
any exhibit to the settlement agreement requiring the signature of the 
Secretary, that is not inconsistent with this Act if the amendment does 
not require congressional approval pursuant to the Trade and 
Intercourse Act (25 U.S.C. 177) or other applicable Federal law 
(including regulations).

SEC. 102. WATER RIGHTS.

    (a) Water Rights To Be Held in Trust.--
            (1) Navajo nation water rights.--All water rights of the 
        Navajo Nation for the Navajo Reservation and land held in trust 
        by the United States for the Navajo Nation and allottees of the 
        Navajo Nation and all Navajo Nation CAP water shall be held in 
        trust by the United States for the benefit of the Navajo Nation 
        and allottees of the Navajo Nation, respectively.
            (2) Hopi tribe water rights.--All water rights of the Hopi 
        Tribe for the Hopi Reservation and land held in trust by the 
        United States for the Hopi Tribe and allottees of the Hopi 
        Tribe shall be held in trust by the United States for the 
        benefit of the Hopi Tribe and allottees of the Hopi Tribe, 
        respectively.
    (b) Forfeiture and Abandonment.--Any water right held in trust by 
the United States under subsection (a) shall not be subject to loss by 
nonuse, forfeiture, abandonment, or any other provision of law.
    (c) Use of Water Diverted From LCR Watershed.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Navajo Nation may--
                    (A) divert surface water or groundwater described 
                in paragraph 4.0 of the settlement agreement; and
                    (B) subject to the condition that the water remain 
                on the Navajo Reservation, move any water diverted 
                under subparagraph (A) out of the LCR watershed for use 
                by the Navajo Nation.
            (2) Effect of diversion.--Any water diverted and moved out 
        of the LCR watershed pursuant to paragraph (1)--
                    (A) shall be considered to be a part of the LCR; 
                and
                    (B) shall not be considered to be part of, or 
                charged against, the consumptive use apportionment 
                made--
                            (i) to the State by article III(a)(1) of 
                        the Upper Basin Compact; or
                            (ii) to the upper basin by article III(a) 
                        of the Colorado River Compact.
    (d) Water Rights of Allottees.--
            (1) Navajo reservation allotments.--
                    (A) In general.--The right of an allottee (and of 
                the United States acting as trustee for an allottee), 
                to use water on an allotment located on the Navajo 
                Reservation shall be--
                            (i) satisfied solely from the water secured 
                        to the Navajo Nation (and to the United States 
                        acting as trustee for the Navajo Nation) by the 
                        LCR decree; and
                            (ii) subject to the terms of the LCR 
                        decree.
                    (B) Administration.--A right under subparagraph (A) 
                shall be enforceable only pursuant to the Navajo Nation 
                water code, which shall provide allottees a process to 
                enforce such rights against the Navajo Nation.
            (2) Hopi reservation allotments.--
                    (A) In general.--The right of an allottee (and of 
                the United States acting as trustee for an allottee), 
                to use water on an allotment located on the Hopi 
                Reservation shall be--
                            (i) satisfied solely from the water secured 
                        to the Hopi Tribe (and to the United States 
                        acting as trustee for the Hopi Tribe) by the 
                        LCR decree; and
                            (ii) subject to the terms of the LCR 
                        decree.
                    (B) Administration.--A right under subparagraph (A) 
                shall be enforceable only pursuant to the Hopi Tribe 
                water code, which shall provide allottees a process to 
                enforce such rights against the Hopi Tribe.
            (3) Off-reservation allotments.--The right of an allottee 
        (and of the United States acting as trustee for an allottee), 
        to use water on an allotment located off the Navajo and Hopi 
        Reservations shall be as described in the abstracts attached to 
        the settlement agreement as exhibit 4.7.3.

SEC. 103. AUTHORIZATION FOR CONSTRUCTION OF MUNICIPAL, DOMESTIC, 
              COMMERCIAL, AND INDUSTRIAL WATER PROJECTS.

    (a) Navajo Groundwater Projects.--
            (1) In general.--Subject to the availability of 
        appropriations, the Secretary, acting through the Commissioner, 
        shall plan, design, and construct the water diversion and 
        delivery features of the Navajo Groundwater Projects.
            (2) Lead agency.--The Bureau of Reclamation shall serve as 
        the lead agency for any activity relating to the planning, 
        design, and construction of the water diversion and delivery 
        features of the Navajo Groundwater Projects.
            (3) Scope.--
                    (A) In general.--Subject to subparagraph (B), the 
                scope of the planning, design, and construction 
                activities for the Navajo Groundwater Projects shall be 
                as generally described in the documents prepared by 
                Brown & Caldwell entitled--
                            (i) ``Final Summary Report Leupp, 
                        Birdsprings, and Tolani Lake Water Distribution 
                        System Analysis (May 2008)'';
                            (ii) ``Final Summary Report Dilkon and 
                        Teestoh Water Distribution System Analysis (May 
                        2008)'';
                            (iii) ``Raw Water Transmission Pipeline 
                        Alignment Alternative Evaluation Final Report 
                        (May 2008)''; and
                            (iv) ``Ganado C-Aquifer Project Report 
                        (October 2008)''.
                    (B) Review.--
                            (i) In general.--Before beginning 
                        construction activities for the Navajo 
                        Groundwater Projects, the Secretary shall--
                                    (I) review the proposed designs of 
                                the Navajo Groundwater Projects; and
                                    (II) carry out value engineering 
                                analyses of the proposed designs.
                            (ii) Negotiations with the navajo nation.--
                        As necessary, the Secretary shall periodically 
                        negotiate and reach agreement with the Navajo 
                        Nation regarding any change to the proposed 
                        designs of the Navajo Groundwater Projects if, 
                        on the basis of the review under clause (i), 
                        the Secretary determines that a change is 
                        necessary--
                                    (I) to meet applicable industry 
                                standards;
                                    (II) to ensure the Navajo 
                                Groundwater Projects will be 
                                constructed for not more than the 
                                amount set forth in paragraph (4); and
                                    (III) to improve the cost-
                                effectiveness of the delivery of water.
            (4) Funding.--
                    (A) In general.--The total amount of obligations 
                incurred by the Secretary in carrying out this 
                subsection shall not exceed $199,000,000, except that 
                the total amount of obligations shall be increased or 
                decreased, as appropriate, based on ordinary 
                fluctuations from May 1, 2011, in construction cost 
                indices applicable to the types of construction 
                involved in the planning, design, and construction of 
                the Navajo Groundwater Projects.
                    (B) No reimbursement.--The Secretary shall not be 
                reimbursed by any entity, including the Navajo Nation, 
                for any amounts expended by the Secretary in carrying 
                out this subsection.
                    (C) Project efficiencies.--If the total cost of 
                planning, design, and construction activities of the 
                Navajo Groundwater Projects results in cost savings and 
                is less than the amounts authorized to be obligated 
                under this paragraph, the Secretary, at the request of 
                the Navajo Nation, may--
                            (i) use those cost savings to carry out 
                        capital improvement projects associated with 
                        the Navajo Groundwater Projects; or
                            (ii) transfer those cost savings to the 
                        Navajo OM&R Trust Account.
            (5) Applicability of the isdeaa.--
                    (A) In general.--At the request of the Navajo 
                Nation and in accordance with the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.), the Secretary shall enter into 1 or more 
                agreements with the Navajo Nation to carry out this 
                subsection.
                    (B) Administration.--The Commissioner and the 
                Navajo Nation shall negotiate the cost of any oversight 
                activity carried out by the Bureau of Reclamation for 
                an agreement entered into under subparagraph (A), 
                subject to the condition that the total cost for the 
                oversight shall not exceed 4.0 percent of the total 
                costs of the Navajo Groundwater Projects.
            (6) Title to navajo groundwater projects.--
                    (A) In general.--The Secretary shall convey to the 
                Navajo Nation title to each of the Navajo Groundwater 
                Projects on the date on which the Secretary issues a 
                notice of substantial completion that--
                            (i) the infrastructure constructed is 
                        capable of storing, diverting, treating, 
                        transmitting, and distributing a supply of 
                        water as generally set forth in the final 
                        project design described in paragraph (3); and
                            (ii) the Secretary has consulted with the 
                        Navajo Nation regarding the proposed finding 
                        that the respective Navajo Groundwater Project 
                        is substantially complete.
                    (B) Limitation on liability.--Effective beginning 
                on the date on which the Secretary transfers to the 
                Navajo Nation title to the Leupp-Dilkon Groundwater 
                Project or the Ganado Groundwater Project under 
                subparagraph (A), the United States shall not be held 
                liable by any court for damages arising out of any act, 
                omission, or occurrence relating to the facilities 
                transferred, other than damages caused by an 
                intentional act or an act of negligence committed by 
                the United States, or by employees or agents of the 
                United States, prior to the date on which the Secretary 
                transfers title to the Leupp-Dilkon Groundwater Project 
                or the Ganado Groundwater Project to the Navajo Nation.
                    (C) OM&R obligation of the united states after 
                conveyance.--The United States shall have no obligation 
                to pay for the OM&R costs of the Navajo Groundwater 
                Projects beginning on the date on which--
                            (i) title to the Navajo Groundwater 
                        Projects is transferred to the Navajo Nation; 
                        and
                            (ii) the amounts required to be deposited 
                        in the Navajo OM&R Trust Account pursuant to 
                        section 104(b) have been deposited in that 
                        account.
            (7) Technical assistance.--Subject to the availability of 
        appropriations, the Secretary shall provide technical 
        assistance, including operation and management training, to the 
        Navajo Nation to prepare the Navajo Nation for the operation of 
        the Navajo Groundwater Projects.
            (8) Project management committee.--The Secretary shall 
        facilitate the formation of a project management committee 
        composed of representatives from the Bureau of Reclamation, the 
        Bureau of Indian Affairs, and the Navajo Nation--
                    (A) to review cost factors and budgets for 
                construction, operation, and maintenance activities for 
                the Navajo Groundwater Projects;
                    (B) to improve management of inherently 
                governmental functions through enhanced communication; 
                and
                    (C) to seek additional ways to reduce overall costs 
                for the Navajo Groundwater Projects.
            (9) Authorization to construct.--
                    (A) In general.--The Secretary is authorized to 
                construct the Navajo Groundwater Projects beginning on 
                the day after the date on which the Secretary publishes 
                in the Federal Register the statement of findings under 
                section 108(a).
                    (B) Preconstruction activities.--Notwithstanding 
                subparagraph (A), the Secretary is authorized to use 
                amounts appropriated to the Navajo Groundwater Projects 
                Account pursuant to section 104(a) to carry out prior 
                to the LCR enforceability date preconstruction 
                activities for the Navajo Groundwater Projects.
    (b) Hopi Groundwater Project.--
            (1) In general.--Subject to the availability of 
        appropriations, the Secretary, acting through the Commissioner, 
        shall plan, design, and construct the water diversion and 
        delivery features of the Hopi Groundwater Project.
            (2) Lead agency.--The Bureau of Reclamation shall serve as 
        the lead agency for any activity relating to the planning, 
        design, and construction of the water diversion and delivery 
        features of the Hopi Groundwater Project.
            (3) Scope.--
                    (A) In general.--Subject to subparagraph (B), the 
                scope of the planning, design, and construction 
                activities for the Hopi Groundwater Project shall be as 
                generally described in the document entitled ``Hopi 
                Tribe 2012 Little Colorado River Adjudication 
                Settlement Domestic, Commercial, Municipal and 
                Industrial Water System Memorandum (February 2012)'' by 
                Dowl HKM.
                    (B) Review.--
                            (i) In general.--Before beginning 
                        construction activities, the Secretary shall--
                                    (I) review the proposed design of 
                                the Hopi Groundwater Project; and
                                    (II) carry out value engineering 
                                analyses of the proposed design.
                            (ii) Negotiations with the hopi tribe.--As 
                        necessary, the Secretary shall periodically 
                        negotiate and reach agreement with the Hopi 
                        Tribe regarding any change to the proposed 
                        design of the Hopi Groundwater Project if, on 
                        the basis of the review under clause (i), the 
                        Secretary determines that a change is 
                        necessary--
                                    (I) to meet applicable industry 
                                standards;
                                    (II) to ensure that the Hopi 
                                Groundwater Project will be constructed 
                                for not more than the amount set forth 
                                in paragraph (4); and
                                    (III) to improve the cost-
                                effectiveness of the delivery of water.
            (4) Funding.--
                    (A) In general.--The total amount of obligations 
                incurred by the Secretary in carrying out this 
                subsection shall not exceed $113,000,000, except that 
                the total amount of obligations shall be increased or 
                decreased, as appropriate, based on ordinary 
                fluctuations from May 1, 2011, in construction cost 
                indices applicable to the types of construction 
                involved in the planning, design, and construction of 
                the Hopi Groundwater Project.
                    (B) No reimbursement.--The Secretary shall not be 
                reimbursed by any entity, including the Hopi Tribe, for 
                any amounts expended by the Secretary in carrying out 
                this subsection.
                    (C) Project efficiencies.--If the total cost of 
                planning, design, and construction activities of the 
                Hopi Groundwater Project results in cost savings and is 
                less than the amounts authorized to be obligated under 
                this paragraph, the Secretary, at the request of the 
                Hopi Tribe, may--
                            (i) use those cost savings to carry out 
                        capital improvement projects associated with 
                        the Hopi Groundwater Project; or
                            (ii) transfer those cost savings to the 
                        Hopi OM&R Trust Account.
            (5) Applicability of the isdeaa.--
                    (A) In general.--At the request of the Hopi Tribe 
                and in accordance with the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450 et seq.), 
                the Secretary shall enter into 1 or more agreements 
                with the Hopi Tribe to carry out this subsection.
                    (B) Administration.--The Commissioner and the Hopi 
                Tribe shall negotiate the cost of any oversight 
                activity carried out by the Bureau of Reclamation for 
                an agreement entered into under subparagraph (A), 
                subject to the condition that the total cost for the 
                oversight shall not exceed 4.0 percent of the total 
                costs of the Hopi Groundwater Project.
            (6) Title to hopi groundwater project.--
                    (A) In general.--The Secretary shall convey to the 
                Hopi Tribe title to the Hopi Groundwater Project on the 
                date on which the Secretary issues a notice of 
                substantial completion that--
                            (i) the infrastructure constructed is 
                        capable of storing, diverting, treating, 
                        transmitting, and distributing a supply of 
                        water as generally set forth in the final 
                        project design described in paragraph (3); and
                            (ii) the Secretary has consulted with the 
                        Hopi Tribe regarding the proposed finding that 
                        the Hopi Groundwater Project is substantially 
                        complete.
                    (B) Limitation on liability.--Effective beginning 
                on the date on which the Secretary transfers to the 
                Hopi Tribe title to the Hopi Groundwater Project under 
                subparagraph (A), the United States shall not be held 
                liable by any court for damages arising out of any act, 
                omission, or occurrence relating to the facilities 
                transferred, other than damages caused by an 
                intentional act or an act of negligence committed by 
                the United States, or by employees or agents of the 
                United States, prior to the date on which the Secretary 
                transfers title to the Hopi Groundwater Project to the 
                Hopi Tribe.
                    (C) OM&R obligation of the united states after 
                conveyance.--The United States shall have no obligation 
                to pay for the OM&R costs of the Hopi Groundwater 
                Project beginning on the date on which--
                            (i) title to the Hopi Groundwater Project 
                        is transferred to the Hopi Tribe; and
                            (ii) the amounts required to be deposited 
                        in the Hopi OM&R Trust Account pursuant to 
                        section 104(d) have been deposited in that 
                        account.
            (7) Technical assistance.--Subject to the availability of 
        appropriations, the Secretary shall provide technical 
        assistance, including operation and management training, to the 
        Hopi Tribe to prepare the Hopi Tribe for the operation of the 
        Hopi Groundwater Project.
            (8) Project management committee.--The Secretary shall 
        facilitate the formation of a project management committee 
        composed of representatives from the Bureau of Reclamation, the 
        Bureau of Indian Affairs, and the Hopi Tribe--
                    (A) to review cost factors and budgets for 
                construction, operation, and maintenance activities for 
                the Hopi Groundwater Project;
                    (B) to improve management of inherently 
                governmental activities through enhanced communication; 
                and
                    (C) to seek additional ways to reduce overall costs 
                for the Hopi Groundwater Project.
            (9) Authorization to construct.--
                    (A) In general.--The Secretary is authorized to 
                construct the Hopi Groundwater Project beginning on the 
                day after the date on which the Secretary publishes in 
                the Federal Register the statement of findings under 
                section 108(a).
                    (B) Preconstruction activities.--Notwithstanding 
                subparagraph (A), the Secretary is authorized to use 
                amounts appropriated to the Hopi Groundwater Project 
                Account pursuant to section 104(c) to carry out prior 
                to the LCR enforceability date preconstruction 
                activities for the Hopi Groundwater Project.
    (c) N-Aquifer Management Plan.--
            (1) In general.--Prior to the LCR enforceability date, the 
        Secretary, acting through the Director of the United States 
        Geological Survey and in consultation with the Navajo Nation 
        and the Hopi Tribe, is authorized to use amounts appropriated 
        to the N-Aquifer Account pursuant to section 104(e) to conduct 
        modeling and monitoring activities of the N-Aquifer as provided 
        for in paragraph 6.2 of the settlement agreement.
            (2) Continuing assistance.--After the LCR enforceability 
        date, the Secretary, in consultation with the Navajo Nation and 
        the Hopi Tribe, is authorized to use amounts appropriated to 
        the N-Aquifer Account pursuant to section 104(e) to assist the 
        Navajo Nation and the Hopi Tribe in implementing the N-Aquifer 
        Management Plan and the Pasture Canyon Springs Protection 
        Program Account pursuant to section 104(f) to assist the Navajo 
        Nation and the Hopi Tribe in implementing the Pasture Canyon 
        Springs Protection Program, both as described in paragraph 6.2 
        of the settlement agreement.
            (3) Limited liability.--The Secretary shall have no 
        liability with respect to the management of the N-Aquifer, 
        subject to the condition that the Secretary complies with the 
        responsibilities of the Secretary, as set forth in the N-
        Aquifer Management Plan.

SEC. 104. FUNDING.

    (a) Navajo Groundwater Projects Account.--
            (1) Establishment.--There is established in the Treasury of 
        the United States an account, to be known as the ``Navajo 
        Groundwater Projects Account'', to be administered by the 
        Secretary, consisting of the amounts deposited in the account 
        under paragraph (2), together with any interest accrued by 
        those amounts, for use by the Navajo Nation in constructing the 
        Navajo Groundwater Projects.
            (2) Transfers to account.--
                    (A) In general.--Subject to subparagraph (C), there 
                are authorized to be appropriated to the Secretary for 
                deposit in the Navajo Groundwater Projects Account--
                            (i) $199,000,000, to remain available until 
                        expended; less
                            (ii) the amounts deposited in the account 
                        under subparagraph (B).
                    (B) Transfers from other sources.--
                            (i) Lower colorado river basin development 
                        fund.--
                                    (I) In general.--The Secretary of 
                                the Treasury shall transfer, without 
                                further appropriation, $25,000,000 to 
                                the Navajo Groundwater Projects Account 
                                from the Future Indian Water Settlement 
                                Subaccount of the Lower Colorado River 
                                Basin Development Fund established 
                                pursuant to section 403(f)(2)(D)(vi) of 
                                the Colorado River Basin Project Act 
                                (43 U.S.C. 1543(f)(2)(D)(vi)).
                                    (II) Availability.--The amounts 
                                transferred under subclause (I) shall 
                                not be available to the Secretary for 
                                expenditure until the date on which the 
                                Secretary publishes in the Federal 
                                Register the statement of findings 
                                under section 108(a).
                            (ii) Reclamation water settlements fund.--
                                    (I) In general.--If amounts remain 
                                available for expenditure in the 
                                Reclamation Water Settlements Fund 
                                established by section 10501 of the 
                                Omnibus Public Land Management Act of 
                                2009 (43 U.S.C. 407), the Secretary of 
                                the Treasury shall transfer to the 
                                Navajo Groundwater Projects Account, 
                                without further appropriation, not more 
                                than $50,000,000.
                                    (II) Availability.--The amounts 
                                transferred under subclause (I) shall 
                                not be available to the Secretary for 
                                expenditure until the date on which the 
                                Secretary publishes in the Federal 
                                Register the statement of findings 
                                under section 108(a).
                            (iii) State contribution.--Pursuant to 
                        subparagraph 13.22 of the settlement agreement, 
                        the State shall transfer to the Navajo 
                        Groundwater Projects Account $1,000,000.
                    (C) Fluctuation in development costs.--The amount 
                authorized to be appropriated under subparagraph (A)(i) 
                and deposited in the Navajo Groundwater Projects 
                Account shall be increased or decreased, as 
                appropriate, by such amounts as may be justified by 
                reason of ordinary fluctuations in development costs 
                occurring after May 1, 2011, as indicated by 
                engineering cost indices applicable to the type of 
                construction involved, until the Secretary declares 
                that the Navajo Groundwater Projects are substantially 
                complete.
            (3) Management of account.--
                    (A) In general.--The Secretary shall manage the 
                Navajo Groundwater Projects Account in a manner that is 
                consistent with--
                            (i) the American Indian Trust Fund 
                        Management Reform Act of 1994 (25 U.S.C. 4001 
                        et seq.); and
                            (ii) this subsection.
                    (B) Investments.--The Secretary shall invest 
                amounts in the Navajo Groundwater Projects Account in 
                accordance with--
                            (i) the Act of April 1, 1880 (25 U.S.C. 
                        161);
                            (ii) the first section of the Act of June 
                        24, 1938 (25 U.S.C. 162a); and
                            (iii) obligations of Federal corporations 
                        and Federal Government-sponsored entities, the 
                        charter documents of which provide that the 
                        obligations of the entities are lawful 
                        investments for federally managed funds, 
                        including--
                                    (I) obligations of the United 
                                States Postal Service described in 
                                section 2005 of title 39, United States 
                                Code;
                                    (II) bonds and other obligations of 
                                the Tennessee Valley Authority 
                                described in section 15d of the 
                                Tennessee Valley Authority Act of 1933 
                                (16 U.S.C. 831n-4);
                                    (III) mortgages, obligations, or 
                                other securities of the Federal Home 
                                Loan Mortgage Corporation described in 
                                section 303 of the Federal Home Loan 
                                Mortgage Corporation Act (12 U.S.C. 
                                1452); and
                                    (IV) bonds, notes, or debentures of 
                                the Commodity Credit Corporation 
                                described in section 4 of the Act of 
                                March 8, 1938 (15 U.S.C. 713a-4).
                    (C) Credits to account.--The interest on, and the 
                proceeds from, the sale or redemption of, any 
                obligations held in the Navajo Groundwater Projects 
                Account shall be credited to, and form a part of, the 
                account.
            (4) Availability of amounts and investment earnings.--
                    (A) In general.--Except as provided in section 
                103(a)(9), amounts appropriated to and deposited in the 
                Navajo Groundwater Projects Account shall not be 
                available to the Secretary for expenditure until the 
                date on which the Secretary publishes in the Federal 
                Register the statement of findings under section 
                108(a).
                    (B) Investment earnings.--Investment earnings on 
                amounts deposited in the Navajo Groundwater Projects 
                Account under paragraph (3) shall not be available to 
                the Secretary for expenditure until the date on which 
                the Secretary publishes in the Federal Register the 
                statement of findings under section 108(a).
    (b) Navajo OM&R Trust Account.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a trust account, to be known as the ``Navajo 
        OM&R Trust Account'', to be administered by the Secretary and 
        to be available until expended, consisting of the amounts 
        deposited in the account under paragraph (2), together with any 
        interest accrued by those amounts, for the OM&R of the Navajo 
        Groundwater Projects.
            (2) Authorization of appropriations.--
                    (A) In general.--Subject to subparagraph (B) and in 
                addition to any amounts transferred to the Navajo OM&R 
                Trust Account pursuant to section 103(a)(4), there is 
                authorized to be appropriated, deposited, and retained 
                in the Navajo OM&R Trust Account, $23,000,000.
                    (B) Fluctuation in costs.--The amount authorized to 
                be appropriated under subparagraph (A) shall be 
                increased or decreased, as appropriate, by such amounts 
                as may be justified by reason of ordinary fluctuations 
                in costs occurring after May 1, 2011, as indicated by 
                applicable engineering cost indices.
            (3) Management of account.--
                    (A) In general.--The Secretary shall manage the 
                Navajo OM&R Trust Account in a manner that is 
                consistent with--
                            (i) the American Indian Trust Fund 
                        Management Reform Act of 1994 (25 U.S.C. 4001 
                        et seq.); and
                            (ii) this subsection.
                    (B) Investments.--The Secretary shall invest 
                amounts in the Navajo OM&R Trust Account in accordance 
                with subsection (a)(3)(B).
            (4) Availability of amounts.--Amounts appropriated to and 
        deposited in the Navajo OM&R Trust Account, including any 
        investment earnings, shall be made available to the Navajo 
        Nation by the Secretary beginning on the date on which title to 
        the Navajo Groundwater Projects is transferred to the Navajo 
        Nation.
    (c) Hopi Groundwater Project Account.--
            (1) Establishment.--There is established in the Treasury of 
        the United States an account, to be known as the ``Hopi 
        Groundwater Project Account'', to be administered by the 
        Secretary, and consisting of the amounts deposited in the 
        account under paragraph (2), together with any interest accrued 
        by those amounts, for use in constructing the Hopi Groundwater 
        Project.
            (2) Transfers to account.--
                    (A) In general.--Subject to subparagraphs (C), 
                there is authorized to be appropriated to the Secretary 
                for deposit in the Hopi Groundwater Project Account--
                            (i) $113,000,000, to remain available until 
                        expended; less
                            (ii) the amounts deposited in the account 
                        under subparagraph (B).
                    (B) Transfers from other sources.--
                            (i) Lower colorado river basin development 
                        fund.--
                                    (I) In general.--The Secretary of 
                                the Treasury shall transfer, without 
                                further appropriation, $25,000,000 to 
                                the Hopi Groundwater Project Account 
                                from the Future Indian Water Settlement 
                                Subaccount of the Lower Colorado River 
                                Basin Development Fund established 
                                pursuant to section 403(f)(2)(D)(vi) of 
                                the Colorado River Basin Project Act 
                                (43 U.S.C. 1543(f)(2)(D)(vi)).
                                    (II) Availability.--The amounts 
                                transferred under subclause (I) shall 
                                not be available to the Secretary for 
                                expenditure until the date on which the 
                                Secretary publishes in the Federal 
                                Register the statement of findings 
                                under section 108(a).
                            (ii) State contribution.--Pursuant to 
                        subparagraph 13.22 of the settlement agreement, 
                        the State shall transfer to the Hopi 
                        Groundwater Project Account $1,000,000.
                    (C) Fluctuation in development costs.--The amount 
                authorized to be appropriated under subparagraph (A)(i) 
                shall be increased or decreased, as appropriate, by 
                such amounts as may be justified by reason of ordinary 
                fluctuations in development costs occurring after May 
                1, 2011, as indicated by engineering cost indices 
                applicable to the type of construction involved, until 
                the Secretary declares that the Hopi Groundwater 
                Project is substantially complete.
            (3) Management of account.--
                    (A) In general.--The Secretary shall manage the 
                Hopi Groundwater Project Account in a manner that is 
                consistent with--
                            (i) the American Indian Trust Fund 
                        Management Reform Act of 1994 (25 U.S.C. 4001 
                        et seq.); and
                            (ii) this subsection.
                    (B) Investments.--The Secretary shall invest 
                amounts in the Hopi Groundwater Project Account in 
                accordance with subsection (a)(3)(B).
                    (C) Credits to account.--The interest on, and the 
                proceeds from, the sale or redemption of, any 
                obligations held in the Hopi Groundwater Project 
                Account shall be credited to, and form a part of, the 
                account.
            (4) Availability of amounts and investment earnings.--
                    (A) In general.--Except as provided in section 
                103(b)(9), amounts appropriated to and deposited in the 
                Hopi Groundwater Project Account shall not be available 
                to the Secretary for expenditure until the date on 
                which the Secretary publishes findings under section 
                108(a).
                    (B) Investment earnings.--Investment earnings on 
                amounts deposited in the Hopi Groundwater Project 
                Account under paragraph (3) shall not be available to 
                the Secretary for expenditure until after the date on 
                which the Secretary publishes in the Federal Register 
                the statement of findings under section 108(a).
    (d) Hopi OM&R Trust Account.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a trust account, to be known as the ``Hopi 
        OM&R Trust Account'', to be administered by the Secretary and 
        to be available until expended, consisting of the amounts 
        deposited in the account under paragraph (2), together with any 
        interest accrued by those amounts, for the OM&R of the Hopi 
        Groundwater Project.
            (2) Authorization of appropriations.--
                    (A) In general.--Subject to subparagraph (B) and in 
                addition to any amounts transferred to the Hopi OM&R 
                Trust Account pursuant to section 103(b)(4), there is 
                authorized to be appropriated, deposited, and retained 
                in the Hopi OM&R Trust Account, $5,000,000.
                    (B) Fluctuation in costs.--The amount authorized to 
                be appropriated under subparagraph (A) shall be 
                increased or decreased, as appropriate, by such amounts 
                as may be justified by reason of ordinary fluctuations 
                in costs occurring after May 1, 2011, as indicated by 
                applicable engineering cost indices.
            (3) Management of account.--
                    (A) In general.--The Secretary shall manage the 
                Hopi OM&R Trust Account in a manner that is consistent 
                with--
                            (i) the American Indian Trust Fund 
                        Management Reform Act of 1994 (25 U.S.C. 4001 
                        et seq.); and
                            (ii) this subsection.
                    (B) Investments.--The Secretary shall invest 
                amounts in the Hopi OM&R Trust Account in accordance 
                with subsection (a)(3)(B).
            (4) Availability of amounts.--Amounts appropriated to and 
        deposited in the Hopi OM&R Trust Account, including any 
        investment earnings, shall be made available to the Hopi Tribe 
        by the Secretary beginning on the date on which title to the 
        Hopi Groundwater Project is transferred to the Hopi Tribe.
    (e) N-Aquifer Account.--
            (1) Establishment.--There is established in the Treasury of 
        the United States an account, to be known as the ``N-Aquifer 
        Account'', to be administered by the Secretary and to be 
        available until expended, consisting of the amounts deposited 
        in the account under paragraph (2) to carry out activities 
        relating to the N-Aquifer in accordance with section 103(c) and 
        subparagraph 6.2 of the settlement agreement.
            (2) Authorization of appropriations for n-aquifer 
        management plan.--
                    (A) In general.--In addition to any amounts 
                transferred to the Aquifer account pursuant to 
                subsection (g), there is authorized to be appropriated, 
                deposited, and retained to carry out section 103(c) and 
                subparagraph 6.2 of the settlement agreement 
                $5,000,000.
                    (B) Fluctuations in costs.--The amount authorized 
                to be appropriated under subparagraph (A) shall be 
                increased or decreased, as appropriate, by such amounts 
                as may be justified by reason of ordinary fluctuations 
                in costs occurring after May 1, 2011, as indicated by 
                applicable engineering cost indices.
            (3) Availability.--Amounts appropriated to and deposited in 
        the N-Aquifer Account shall be made available by the Secretary 
        prior to the LCR enforceability date to carry out the 
        activities relating to the N-Aquifer management plan in 
        accordance with section 103(c)(1) and subparagraph 6.2 of the 
        settlement agreement.
    (f) Pasture Canyon Springs Protection Program Account.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a trust account, to be known as the ``Pasture 
        Canyon Springs Protection Program Account'', to be administered 
        by the Secretary and to be available until expended, consisting 
        of the amounts deposited in the account under paragraph (2), 
        together with any interest accrued by those amounts, to carry 
        out activities relating to the Pasture Canyon Springs 
        Protection Program in accordance with section 103(c) and 
        subparagraph 6.2 of the settlement agreement.
            (2) Authorization of appropriation for pasture canyon 
        springs protection program.--
                    (A) In general.--There is authorized to be 
                appropriated to carry out activities relating to the 
                Pasture Canyon Springs Protection Program in accordance 
                with section 103(c)(2) and to implement the Pasture 
                Canyon Springs Protection Program provisions of 
                subparagraph 6.2 of the settlement agreement 
                $10,400,000.
                    (B) Fluctuations in costs.--The amount authorized 
                to be appropriated under subparagraph (A) shall be 
                increased or decreased, as appropriate, by such amounts 
                as may be justified by reason of ordinary fluctuations 
                in costs occurring after May 1, 2011, as indicated by 
                applicable engineering cost indices.
            (3) Management of account.--
                    (A) In general.--The Secretary shall manage the 
                Pasture Canyon Springs Protection Program Account in a 
                manner that is consistent with--
                            (i) the American Indian Trust Fund 
                        Management Reform Act of 1994 (25 U.S.C. 4001 
                        et seq.); and
                            (ii) this subsection.
                    (B) Investments.--The Secretary shall invest 
                amounts in the Pasture Canyon Springs Protection 
                Program Account in accordance with subsection 
                (a)(3)(B).
            (4) Availability.--Amounts made available under this 
        subsection shall not be available to the Secretary for 
        expenditure until the date on which the Secretary publishes in 
        the Federal Register the statement of findings under section 
        108(a).
    (g) Transfer of Funds.--
            (1) Navajo nation.--The Secretary may, upon request of the 
        Navajo Nation, transfer amounts from an account established by 
        subsections (a) and (b) to any other account established by 
        this section.
            (2) Hopi tribe.--The Secretary may, upon request of the 
        Hopi Tribe, transfer amounts from an account established by 
        subsections (c), (d), and (f) to any other account established 
        by this section.
            (3) Availability.--
                    (A) In general.--The Secretary shall not transfer 
                amounts under this subsection until the day after the 
                date on which the Secretary publishes in the Federal 
                Register the statement of findings under section 
                108(a).
                    (B) Available until expended.--Any amounts 
                transferred under this subsection shall remain 
                available until expended.
    (h) Offset.--To the extent necessary, the Secretary shall offset 
any direct spending authorized and any interest earned on amounts 
expended pursuant to this section using such additional amounts as may 
be made available to the Secretary for the applicable fiscal year.

SEC. 105. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.

    (a) Navajo Nation Waivers, Releases, and Retentions of Claims.--
            (1) Claims against the state and others.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Navajo Nation, on behalf of itself and the 
                members of the Navajo Nation (but not members in their 
                capacity as allottees), and the United States, acting 
                as trustee for the Navajo Nation and the members of the 
                Navajo Nation (but not members in their capacity as 
                allottees), as part of the performance of the 
                respective obligations of the Navajo Nation and the 
                United States under the settlement agreement, are 
                authorized to execute a waiver and release of any 
                claims against the State (or any agency or political 
                subdivision of the State), the Hopi Tribe, or any other 
                person, entity, corporation or municipal corporation 
                under Federal, State or other law for all--
                            (i) past, present, and future claims for 
                        water rights for Navajo land and land of the 
                        Navajo Nation outside of the State, whether 
                        held in fee or held in trust by the United 
                        States on behalf of the Navajo Nation, arising 
                        from time immemorial and, thereafter, forever;
                            (ii) past, present, and future claims for 
                        water rights arising from time immemorial and, 
                        thereafter, forever, that are based on 
                        aboriginal occupancy of land both within and 
                        outside of the State by the Navajo Nation, the 
                        members of the Navajo Nation, or their 
                        predecessors;
                            (iii) past and present claims for injury to 
                        water rights and injury to water quality for 
                        Navajo land and land of the Navajo Nation 
                        outside of the State, whether held in fee or 
                        held in trust by the United States on behalf of 
                        the Navajo Nation, arising from time immemorial 
                        through the LCR enforceability date;
                            (iv) past, present, and future claims for 
                        injury to water rights and injury to water 
                        quality arising from time immemorial and, 
                        thereafter, forever, that are based on 
                        aboriginal occupancy of land both within and 
                        outside of the State by the Navajo Nation, the 
                        members of the Navajo Nation, or their 
                        predecessors;
                            (v) claims for injury to water rights and 
                        injury to water quality arising after the LCR 
                        enforceability date for Navajo land and land of 
                        the Navajo Nation outside of the State, whether 
                        held in fee or held in trust by the United 
                        States on behalf of the Navajo Nation, 
                        resulting from the diversion or use of water in 
                        a manner not in violation of the settlement 
                        agreement; and
                            (vi) past, present, and future claims 
                        arising out of, or relating in any manner to, 
                        the negotiation, execution, or adoption of the 
                        settlement agreement, an applicable settlement 
                        judgment or decree, or this Act.
                    (B) Effective date.--The waiver and release of 
                claims under subparagraph (A) shall be effective on the 
                LCR enforceability date.
                    (C) Retention of claims.--The Navajo Nation, on 
                behalf of itself and the members of the Navajo Nation 
                (but not members in their capacity as allottees), and 
                the United States, acting as trustee for the Navajo 
                Nation and the members of the Navajo Nation (but not 
                members in their capacity as allottees), shall retain 
                all rights not expressly waived under subparagraph (A), 
                including any right--
                            (i) subject to subparagraph 13.14 of the 
                        settlement agreement--
                                    (I) to assert claims of rights to 
                                upper basin water for Navajo land; and
                                    (II) to assert claims of rights to 
                                upper basin water that are based on 
                                aboriginal occupancy of land within the 
                                upper basin by the Navajo Nation, the 
                                members of the Navajo Nation, or their 
                                predecessors;
                            (ii) subject to subparagraphs 6.3 and 13.8 
                        of the settlement agreement, to assert claims 
                        for injuries to, and seek enforcement of, the 
                        rights of the Navajo Nation under the 
                        settlement agreement or this Act, in any 
                        Federal or State court of competent 
                        jurisdiction;
                            (iii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Navajo 
                        Nation under the LCR decree;
                            (iv) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Navajo 
                        Nation under the Gila River Adjudication 
                        decree;
                            (v) to participate in the LCR adjudication 
                        to the extent provided in the settlement 
                        agreement;
                            (vi) to participate in the Gila River 
                        adjudication to the extent provided in 
                        subparagraphs 4.12, 4.13 and 4.14 of the 
                        settlement agreement;
                            (vii) except as provided in the settlement 
                        agreement, to object to any claims for water 
                        rights, injury to water rights, or injury to 
                        water quality by or for any Indian tribe or the 
                        United States on behalf of the Indian tribe;
                            (viii) except as provided in the settlement 
                        agreement, to assert past, present, or future 
                        claims for injury to water rights, injury to 
                        water quality, or any other claims other than a 
                        claim for water rights, against any Indian 
                        tribe or the United States on behalf of the 
                        Indian tribe;
                            (ix) to assert past, present, or future 
                        claims for rights to Lower Colorado River 
                        water, injury to rights to Lower Colorado River 
                        water, or injury to quality of Lower Colorado 
                        River water for Navajo land; and
                            (x) to assert past, present, or future 
                        claims for rights to Lower Colorado River 
                        water, injury to rights to Lower Colorado River 
                        water, or injury to quality of Lower Colorado 
                        River water that are based on aboriginal 
                        occupancy of land by the Navajo Nation, the 
                        members of the Navajo Nation, or their 
                        predecessors.
            (2) Claims against the united states.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Navajo Nation, on behalf of itself and the 
                members of the Navajo Nation (but not members in their 
                capacity as allottees), as part of the performance of 
                the obligations of the Navajo Nation under the 
                settlement agreement, is authorized to execute a waiver 
                and release of any claims against the United States (or 
                agencies, officials, or employees of the United States) 
                under Federal, State, or other law for all--
                            (i) past, present, and future claims for 
                        water rights for Navajo land and land of the 
                        Navajo Nation outside of the State, whether 
                        held in fee or held in trust by the United 
                        States on behalf of the Navajo Nation, arising 
                        from time immemorial and, thereafter, forever;
                            (ii) past, present, and future claims for 
                        water rights arising from time immemorial and, 
                        thereafter, forever, that are based on 
                        aboriginal occupancy of land both within and 
                        outside of the State by the Navajo Nation, the 
                        members of the Navajo Nation, or their 
                        predecessors;
                            (iii) past and present claims for injury to 
                        water rights and injury to water quality for 
                        Navajo land and land of the Navajo Nation 
                        outside of the State, whether held in fee or 
                        held in trust by the United States on behalf of 
                        the Navajo Nation, arising from time immemorial 
                        through the LCR enforceability date;
                            (iv) past, present, and future claims for 
                        injury to water rights and injury to water 
                        quality arising from time immemorial and, 
                        thereafter, forever, that are based on 
                        aboriginal occupancy of land both within and 
                        outside of the State by the Navajo Nation, the 
                        members of the Navajo Nation, or their 
                        predecessors;
                            (v) claims for injury to water rights and 
                        injury to water quality arising after the LCR 
                        enforceability date for Navajo land and land of 
                        the Navajo Nation outside of the State, whether 
                        held in fee or held in trust by the United 
                        States on behalf of the Navajo Nation, 
                        resulting from the diversion or use of water in 
                        a manner not in violation of the settlement 
                        agreement;
                            (vi) past, present, and future claims 
                        arising out of, or relating in any manner to, 
                        the negotiation, execution, or adoption of the 
                        settlement agreement, an applicable settlement 
                        judgment or decree, or this Act;
                            (vii) past, present, and future claims for 
                        failure to protect, acquire, or develop water 
                        rights for or on behalf of the Navajo Nation 
                        and the members of the Navajo Nation arising 
                        from time immemorial and, thereafter, forever;
                            (viii) past, present, and future claims 
                        relating to failure to assert any claims 
                        authorized to be waived under this subsection;
                            (ix) claims for the OM&R costs of the 
                        Navajo Groundwater Projects, which shall be 
                        effective on the date on which the Secretary 
                        transfers title to, and OM&R responsibility 
                        for, the Navajo Groundwater Projects to the 
                        Navajo Nation;
                            (x) claims in the case styled The Navajo 
                        Nation v. United States Department of the 
                        Interior, Case No. CV-03-0507-PCT-PGR, pending 
                        in the United States District Court for the 
                        District of Arizona, including all claims based 
                        on the facts alleged in the complaint filed in 
                        the action, except any claim that is dismissed 
                        without prejudice pursuant to section 
                        108(a)(14); and
                            (xi) past and present claims relating in 
                        any manner to damages, losses, or injuries to 
                        water, water rights, land, or other resources 
                        due to loss of water or water rights (including 
                        damages, losses, or injuries to hunting, 
                        fishing, gathering, or cultural rights due to 
                        loss of water or water rights, claims relating 
                        to interference with, diversion, or taking of 
                        water, or claims relating to failure to 
                        protect, acquire, or develop water, water 
                        rights, or water infrastructure) within the 
                        reservation and off-reservation trust land that 
                        first accrued at any time prior to the LCR 
                        enforceability date.
                    (B) Effective date.--Except as provided in 
                subparagraph (A)(ix), the waiver and release of claims 
                under subparagraph (A) shall be effective on the LCR 
                enforceability date.
                    (C) Retention of claims.--The Navajo Nation and the 
                members of the Navajo Nation (but not members in their 
                capacity as allottees) shall retain all rights not 
                expressly waived in under subparagraph (A), including 
                any right--
                            (i) subject to subparagraph 13.14 of the 
                        settlement agreement--
                                    (I) to assert claims of rights to 
                                upper basin water for Navajo land; and
                                    (II) to assert claims of rights to 
                                upper basin water that are based on 
                                aboriginal occupancy of land within the 
                                upper basin by the Navajo Nation, the 
                                members of the Navajo Nation, or their 
                                predecessors;
                            (ii) subject to subparagraph 13.8 of the 
                        settlement agreement, to assert claims for 
                        injuries to, and seek enforcement of, the 
                        rights of the Navajo Nation under the 
                        settlement agreement or this Act in any Federal 
                        or State court of competent jurisdiction;
                            (iii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Navajo 
                        Nation under the LCR decree;
                            (iv) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Navajo 
                        Nation under the Gila River adjudication 
                        decree;
                            (v) to participate in the LCR adjudication 
                        to the extent provided in the settlement 
                        agreement;
                            (vi) to participate in the Gila River 
                        adjudication to the extent provided in 
                        subparagraphs 4.12, 4.13, and 4.14 of the 
                        settlement agreement;
                            (vii) except as provided in the settlement 
                        agreement, to object to any claims for water 
                        rights, injury to water rights, or injury to 
                        water quality by or for any Indian tribe or the 
                        United States on behalf of the Indian tribe;
                            (viii) except as provided in the settlement 
                        agreement, to assert past, present, or future 
                        claims for injury to water rights, injury to 
                        water quality, or any other claims other than a 
                        claim for water rights, against any Indian 
                        tribe or the United States on behalf of the 
                        Indian tribe;
                            (ix) to assert past, present, or future 
                        claims for rights to Lower Colorado River 
                        water, injury to rights to Lower Colorado River 
                        water, or injury to quality of Lower Colorado 
                        River water for Navajo land; and
                            (x) to assert past, present, or future 
                        claims for rights to Lower Colorado River 
                        water, injury to rights to Lower Colorado River 
                        water, or injury to quality of Lower Colorado 
                        River water that are based on aboriginal 
                        occupancy of land by the Navajo Nation, the 
                        members of the Navajo Nation, or their 
                        predecessors.
    (b) Hopi Tribe Waivers, Releases, and Retentions of Claims.--
            (1) Claims against the state and others.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Hopi Tribe, on behalf of itself and the 
                members of the Hopi Tribe (but not members in their 
                capacity as allottees), and the United States, acting 
                as trustee for the Hopi Tribe and the members of the 
                Hopi Tribe (but not members in their capacity as 
                allottees), as part of the performance of the 
                respective obligations of the Hopi Tribe and the United 
                States under the settlement agreement, are authorized 
                to execute a waiver and release of any claims against 
                the State (or any agency or political subdivision of 
                the State), the Navajo Nation, or any other person, 
                entity, corporation, or municipal corporation under 
                Federal, State, or other law for all--
                            (i) past, present, and future claims for 
                        water rights for Hopi land arising from time 
                        immemorial and, thereafter, forever;
                            (ii) past, present, and future claims for 
                        water rights arising from time immemorial and, 
                        thereafter, forever, that are based on 
                        aboriginal occupancy of land by the Hopi Tribe, 
                        the members of the Hopi Tribe, or their 
                        predecessors;
                            (iii) past and present claims for injury to 
                        water rights and injury to water quality for 
                        Hopi land arising from time immemorial through 
                        the LCR enforceability date;
                            (iv) past, present, and future claims for 
                        injury to water rights and injury to water 
                        quality arising from time immemorial and, 
                        thereafter, forever, that are based on 
                        aboriginal occupancy of land by the Hopi Tribe, 
                        the members of the Hopi Tribe, or their 
                        predecessors;
                            (v) claims for injury to water rights and 
                        injury to water quality arising after the LCR 
                        enforceability date for Hopi land resulting 
                        from the diversion or use of water in a manner 
                        not in violation of the settlement agreement; 
                        and
                            (vi) past, present, and future claims 
                        arising out of, or relating in any manner to, 
                        the negotiation, execution, or adoption of the 
                        settlement agreement, an applicable settlement 
                        judgment or decree, or this Act.
                    (B) Effective date.--The waiver and release of 
                claims under subparagraph (A) shall be effective on the 
                LCR enforceability date.
                    (C) Retention of claims.--The Hopi Tribe on behalf 
                of itself and the members of the Hopi Tribe (but not 
                members in their capacity as allottees), and the United 
                States, acting as trustee for the Hopi Tribe and the 
                members of the Hopi Tribe (but not members in their 
                capacity as allottees), shall retain all rights not 
                expressly waived under subparagraph (A), including any 
                right--
                            (i) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Hopi 
                        Tribe under the Norviel Decree, as set forth in 
                        the abstracts required pursuant to subparagraph 
                        5.4.1 of the settlement agreement;
                            (ii) subject to subparagraphs 6.3 and 13.8 
                        of the settlement agreement, to assert claims 
                        for injuries to, and seek enforcement of, the 
                        rights of the Hopi Tribe under the settlement 
                        agreement or this Act, in any Federal or State 
                        court of competent jurisdiction;
                            (iii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Hopi 
                        Tribe under the LCR decree;
                            (iv) to participate in the LCR adjudication 
                        to the extent provided in the settlement 
                        agreement;
                            (v) except as provided in the settlement 
                        agreement, to object to any claims for water 
                        rights, injury to water rights, or injury to 
                        water quality by or for any Indian tribe or the 
                        United States on behalf of the Indian tribe;
                            (vi) except as provided in the settlement 
                        agreement, to assert past, present, or future 
                        claims for injury to water rights, injury to 
                        water quality, or any other claims other than a 
                        claim for water rights, against any Indian 
                        tribe or the United States on behalf of the 
                        Indian tribe;
                            (vii) to assert past, present, or future 
                        claims for rights to Lower Colorado River 
                        water, injury to rights to Lower Colorado River 
                        water, or injury to quality of Lower Colorado 
                        River water for Hopi land; and
                            (viii) to assert past, present, or future 
                        claims for rights to Lower Colorado River 
                        water, injury to rights to Lower Colorado River 
                        water, or injury to quality of Lower Colorado 
                        River water that are based on aboriginal 
                        occupancy of land by the Hopi Tribe, the 
                        members of the Hopi Tribe, or their 
                        predecessors.
            (2) Claims against the united states.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Hopi Tribe, on behalf of itself and the 
                members of the Hopi Tribe (but not members in their 
                capacity as allottees), as part of the performance of 
                the obligations of the Hopi Tribe under the settlement 
                agreement, is authorized to execute a waiver and 
                release of any claims against the United States (or 
                agencies, officials, or employees of the United States) 
                under Federal, State, or other law for all--
                            (i) past, present, and future claims for 
                        water rights for Hopi land arising from time 
                        immemorial and, thereafter, forever;
                            (ii) past, present, and future claims for 
                        water rights arising from time immemorial and, 
                        thereafter, forever, that are based on 
                        aboriginal occupancy of land by the Hopi Tribe, 
                        the members of the Hopi Tribe, or their 
                        predecessors;
                            (iii) past and present claims for injury to 
                        water rights and injury to water quality for 
                        Hopi land arising from time immemorial through 
                        the LCR enforceability date;
                            (iv) past, present, and future claims for 
                        injury to water rights and injury to water 
                        quality arising from time immemorial and, 
                        thereafter, forever, that are based on 
                        aboriginal occupancy of land by the Hopi Tribe, 
                        the members of the Hopi Tribe, or their 
                        predecessors;
                            (v) claims for injury to water rights and 
                        injury to water quality arising after the LCR 
                        enforceability date for Hopi land resulting 
                        from the diversion or use of water in a manner 
                        not in violation of the settlement agreement;
                            (vi) past, present, and future claims 
                        arising out of, or relating in any manner to, 
                        the negotiation, execution, or adoption of the 
                        settlement agreement, an applicable settlement 
                        judgment or decree, or this Act;
                            (vii) past, present, and future claims for 
                        failure to protect, acquire, or develop water 
                        rights for or on behalf of the Hopi Tribe and 
                        the members of the Hopi Tribe arising from time 
                        immemorial and, thereafter, forever;
                            (viii) past, present, and future claims 
                        relating to failure to assert any claims 
                        authorized to be waived under this subsection;
                            (ix) claims for the OM&R costs of the Hopi 
                        Groundwater Project, which shall become 
                        effective on the date on which the Secretary 
                        transfers title to, and OM&R responsibility 
                        for, the Hopi Groundwater Project to the Hopi 
                        Tribe; and
                            (x) past and present claims relating in any 
                        manner to damages, losses, or injuries to 
                        water, water rights, land, or other resources 
                        due to loss of water or water rights (including 
                        damages, losses, or injuries to hunting, 
                        fishing, gathering, or cultural rights due to 
                        loss of water or water rights, claims relating 
                        to interference with, diversion, or taking of 
                        water, or claims relating to failure to 
                        protect, acquire, or develop water, water 
                        rights, or water infrastructure) within the 
                        reservation and off-reservation trust land that 
                        first accrued at any time prior to the LCR 
                        enforceability date.
                    (B) Effective date.--Except as provided in 
                subparagraph (A)(ix), the waiver and release of claims 
                under subparagraph (A) shall be effective on the LCR 
                enforceability date.
                    (C) Retention of claims.--The Hopi Tribe on behalf 
                of itself and the members of the Hopi Tribe (but not 
                members in their capacity as allottees) shall retain 
                all rights not expressly waived under subparagraph (A), 
                including any right--
                            (i) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Hopi 
                        Tribe under the Norviel Decree, as set forth in 
                        the abstracts required pursuant to subparagraph 
                        5.4.1 of the settlement agreement;
                            (ii) subject to subparagraph 13.8 of the 
                        settlement agreement, to assert claims for 
                        injuries to, and seek enforcement of, the 
                        rights of the Hopi Tribe under the settlement 
                        agreement or this Act, in any Federal or State 
                        court of competent jurisdiction;
                            (iii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of the Hopi 
                        Tribe under the LCR decree;
                            (iv) to participate in the LCR adjudication 
                        to the extent provided in the settlement 
                        agreement;
                            (v) except as provided in the settlement 
                        agreement, to object to any claims for water 
                        rights, injury to water rights, or injury to 
                        water quality by or for any Indian tribe or the 
                        United States on behalf of the Indian tribe 
                        other than the Navajo Nation and the Hopi 
                        Tribe;
                            (vi) except as provided in the settlement 
                        agreement, to assert past, present, or future 
                        claims for injury to water rights, injury to 
                        water quality, or any other claims other than a 
                        claim for water rights, against any Indian 
                        tribe or the United States on behalf of the 
                        Indian tribe other than the Navajo Nation and 
                        the Hopi Tribe;
                            (vii) to assert past, present, or future 
                        claims for rights to Lower Colorado River 
                        water, injury to rights to Lower Colorado River 
                        water, or injury to quality of Lower Colorado 
                        River water for Hopi land; and
                            (viii) to assert past, present, or future 
                        claims for rights to Lower Colorado River 
                        water, injury to rights to Lower Colorado River 
                        water, or injury to quality of Lower Colorado 
                        River water that are based on aboriginal 
                        occupancy of land by the Hopi Tribe, the 
                        members of the Hopi Tribe, or their 
                        predecessors.
    (c) Waivers and Releases of Claims by the United States.--
            (1) Acting as trustee for allottees.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the United States, acting as trustee for allottees 
                of the Navajo Nation and Hopi Tribe, as part of the 
                performance of the obligations of the United States 
                under the settlement agreement, is authorized to 
                execute a waiver and release of any claims against the 
                State (or any agency or political subdivision of the 
                State), the Navajo Nation, the Hopi Tribe, or any other 
                person, entity, corporation, or municipal corporation 
                under Federal, State, or other law, for all--
                            (i) past, present, and future claims for 
                        water rights for allotments arising from time 
                        immemorial, and, thereafter, forever;
                            (ii) past, present, and future claims for 
                        water rights arising from time immemorial and, 
                        thereafter, forever, that are based on 
                        aboriginal occupancy of land by allottees or 
                        their predecessors;
                            (iii) past and present claims for injury to 
                        water rights and injury to water quality for 
                        allotments arising from time immemorial through 
                        the LCR enforceability date;
                            (iv) past, present, and future claims for 
                        injury to water rights and injury to water 
                        quality, if any, arising from time immemorial 
                        and, thereafter, forever, that are based on 
                        aboriginal occupancy of land by allottees or 
                        their predecessors;
                            (v) claims for injury to water rights and 
                        injury to water quality arising after the LCR 
                        enforceability date for allotments resulting 
                        from the diversion or use of water in a manner 
                        not in violation of the settlement agreement; 
                        and
                            (vi) past, present, and future claims 
                        arising out of, or relating in any manner to, 
                        the negotiation, execution, or adoption of the 
                        settlement agreement, an applicable settlement 
                        judgment or decree, or this Act.
                    (B) Effective date.--The waiver and release of 
                claims under subparagraph (A) shall be effective on the 
                LCR enforceability date.
                    (C) Retention of claims.--The United States, acting 
                as trustee for allottees of the Navajo Nation and Hopi 
                Tribe, shall retain all rights not expressly waived 
                under subparagraph (A), including any right--
                            (i) subject to subparagraph 13.14 of the 
                        settlement agreement--
                                    (I) to assert claims of rights to 
                                upper basin water, if any, for 
                                allotments; and
                                    (II) to assert claims of rights to 
                                upper basin water that are based on 
                                aboriginal occupancy of land within the 
                                upper basin in the State by allottees 
                                or their predecessors;
                            (ii) subject to subparagraph 13.8 of the 
                        settlement agreement, to assert claims for 
                        injuries to, and seek enforcement of, the 
                        rights of allottees, if any, under the 
                        settlement agreement or this Act, in any 
                        Federal or State court of competent 
                        jurisdiction;
                            (iii) to assert claims for injuries to, and 
                        seek enforcement of, the rights of allottees, 
                        if any, under the LCR decree;
                            (iv) to participate in the LCR adjudication 
                        to the extent provided in the settlement 
                        agreement;
                            (v) except as provided in the settlement 
                        agreement, to object to any claims for water 
                        rights, injury to water rights, or injury to 
                        water quality by or for any Indian tribe;
                            (vi) except as provided in the settlement 
                        agreement, to assert past, present, or future 
                        claims for injury to water rights, injury to 
                        water quality, or any other claims other than a 
                        claim for water rights, against any Indian 
                        tribe;
                            (vii) to assert past, present, or future 
                        claims for rights to Lower Colorado River 
                        water, injury to rights to Lower Colorado River 
                        water, or injury to quality of Lower Colorado 
                        River water for allotments; and
                            (viii) to assert past, present, or future 
                        claims for rights to Lower Colorado River 
                        water, injury to rights to Lower Colorado River 
                        water, or injury to quality of Lower Colorado 
                        River water that are based on aboriginal 
                        occupancy of land by allottees or their 
                        predecessors.
            (2) Waiver and release of claims by the united states 
        against the navajo nation and the hopi tribe.--
                    (A) In general.--Except as provided subparagraph 
                (C), the United States, except when acting as trustee 
                for an Indian tribe other than the Navajo Nation or the 
                Hopi Tribe, as part of the performance of the 
                obligations of the United States under the settlement 
                agreement, is authorized to execute a waiver and 
                release of any and all claims of the United States 
                against the Navajo Nation and the Hopi Tribe, including 
                any agency, official, or employee of the Navajo Nation 
                or the Hopi Tribe, under Federal, State, or any other 
                law for all--
                            (i) past, present, and future claims 
                        arising out of, or relating in any manner to, 
                        the negotiation or execution of the settlement 
                        agreement or this Act;
                            (ii) past and present claims for injury to 
                        water rights and injury to water quality 
                        resulting from the diversion or use of water on 
                        Navajo land and Hopi land arising from time 
                        immemorial through the LCR enforceability date; 
                        and
                            (iii) claims for injury to water rights and 
                        injury to water quality arising after the LCR 
                        enforceability date resulting from the 
                        diversion or use of water on Navajo land and 
                        Hopi land in a manner not in violation of the 
                        settlement agreement.
                    (B) Effective date.--The waiver and release of 
                claims under subparagraph (A) shall be effective on the 
                LCR enforceability date.
                    (C) Retention of claims.--The United States shall 
                retain all rights not expressly waived under 
                subparagraph (A), including--
                            (i) subject to subparagraph 13.8 of the 
                        settlement agreement, to assert claims for 
                        injuries to, and seek enforcement of, the 
                        settlement agreement or this Act, in any 
                        Federal or State court of competent 
                        jurisdiction;
                            (ii) to enforce the Gila River adjudication 
                        decree; and
                            (iii) to enforce the LCR decree.

SEC. 106. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.

    (a) Navajo Nation.--
            (1) In general.--Except as provided in the settlement 
        agreement, the benefits realized by the Navajo Nation under the 
        settlement agreement and this Act shall be in complete and full 
        satisfaction of all claims of the Navajo Nation and the members 
        of the Navajo Nation, and the United States, acting as trustee 
        for the Navajo Nation and the members of the Navajo Nation, for 
        water rights, injury to water rights, and injury to water 
        quality, under Federal, State, or other law with respect to 
        Navajo land.
            (2) Source.--Any entitlement to water of the Navajo Nation 
        and the members of the Navajo Nation, or the United States, 
        acting as trustee for the Navajo Nation and the members of the 
        Navajo Nation, for Navajo land shall be satisfied out of the 
        water resources and other benefits granted, confirmed, or 
        recognized to or for the Navajo Nation, and the United States, 
        acting as trustee for the Navajo Nation, by the settlement 
        agreement, the LCR decree, the Navajo Nation water delivery 
        contract, and this Act.
            (3) Effect.--Notwithstanding paragraph (2), nothing in the 
        settlement agreement or this Act has the effect of recognizing 
        or establishing any right of a member of the Navajo Nation to 
        water on Navajo land.
    (b) Hopi Tribe.--
            (1) In general.--Except as provided in the settlement 
        agreement, the benefits realized by the Hopi Tribe under the 
        settlement agreement and this Act shall be in complete and full 
        satisfaction of all claims of the Hopi Tribe and the members of 
        the Hopi Tribe, and the United States, acting as trustee for 
        the Hopi Tribe and the members of the Hopi Tribe, for water 
        rights, injury to water rights, and injury to water quality 
        under Federal, State, or other law with respect to Hopi land.
            (2) Source.--Any entitlement to water of the Hopi Tribe and 
        the members of the Hopi Tribe, or the United States, acting as 
        trustee for the Hopi Tribe and the members of the Hopi Tribe, 
        for Hopi land shall be satisfied out of the water resources and 
        other benefits granted, confirmed, or recognized to or for the 
        Hopi Tribe, and the United States, acting as trustee for the 
        Hopi Tribe, by the settlement agreement, the LCR decree, and 
        this Act.
            (3) Effect.--Notwithstanding paragraph (2), nothing in the 
        settlement agreement or this Act has the effect of recognizing 
        or establishing any right of a member of the Hopi Tribe to 
        water on Hopi land.
    (c) Allottees Water Claims.--
            (1) In general.--Except as provided in the settlement 
        agreement, the benefits realized by allottees under the 
        settlement agreement and this Act shall be in complete 
        replacement of and substitution for, and full satisfaction of, 
        all claims of allottees, and the United States, acting as 
        trustee for allottees, for water rights, injury to water 
        rights, and injury to water quality under Federal, State, or 
        other law with respect to allotments.
            (2) Source.--Except as provided in exhibit 4.7.3 of the 
        settlement agreement, any entitlement to water of allottees, or 
        the United States, acting as trustee for allottees, for 
        allotments shall be satisfied out of the water resources and 
        other benefits granted, confirmed, or recognized to or for the 
        Navajo Nation, the Hopi Tribe, and the United States, acting as 
        trustee for the Navajo Nation, the Hopi Tribe, and allottees, 
        by the settlement agreement, the LCR decree, and this Act.
    (d) Exceptions.--Except as provided in section 105, nothing in this 
Act affects any right to water of any member of the Navajo Nation, the 
Hopi Tribe, or any allottee for land outside of Navajo land, Hopi land, 
or allotments.
    (e) Navajo-Hopi Land Dispute Settlement Act of 1996.--
            (1) Water rights.--Except as expressly provided in the 
        settlement agreement, the water rights of the Hopi Tribe on 
        land acquired pursuant to the Navajo-Hopi Land Dispute 
        Settlement Act of 1996 (25 U.S.C. 640d note; Public Law 104-
        301), and the rights of the Hopi Tribe to object to surface 
        water and groundwater uses on the basis of water rights 
        associated with that land, shall be governed by that Act.
            (2) Amendment.--Section 12 of the Navajo-Hopi Land Dispute 
        Settlement Act of 1996 (25 U.S.C. 640d note; Public Law 104-
        301) is amended--
                    (A) in subsection (a)(1)(C), by striking 
                ``beneficial use'' and inserting ``beneficial use of 
                surface water''; and
                    (B) by striking subsection (e) and inserting the 
                following:
    ``(e) Prohibition.--
            ``(1) In general.--Subject to paragraph (2), water rights 
        for newly acquired trust land shall not be used, leased, sold, 
        or transported for use off of that land or the other trust land 
        of the Tribe, except that the Tribe may agree with other 
        persons having junior water rights to subordinate the senior 
        water rights of the Tribe.
            ``(2) Restrictions.--
                    ``(A) In general.--Water rights for newly acquired 
                trust land shall only be used on that land or other 
                trust land of the Tribe that is located within the same 
                river basin tributary as the main stream of the 
                Colorado River.
                    ``(B) Temporary transfer for use off-reservation.--
                Notwithstanding any other provision of statutory or 
                common law or subparagraph (A) and in accordance with 
                subparagraphs (C) through (J), on approval of the 
                Secretary, the Hopi Tribe may enter into a service 
                contract, lease, exchange, or other agreement providing 
                for the temporary delivery, use, or transfer of not 
                more than 10,000 acre-feet per year of groundwater from 
                newly acquired trust land that is located within 20 
                miles of the municipal boundaries of Winslow, Arizona, 
                but is not within the Protection Areas (as that term is 
                described in paragraph 3.1.119 of the Navajo-Hopi 
                Little Colorado River Water Rights Settlement 
                Agreement) for use at--
                            ``(i) Hopi fee land that is located within 
                        5 miles of the municipal boundaries of Winslow, 
                        Arizona; and
                            ``(ii) the City of Winslow, Arizona, for 
                        municipal use by the City of Winslow and the 
                        residents of that city, with the consent of the 
                        Hopi Tribe, as provided in paragraph 5.3 and 
                        exhibit 5.3 of the Navajo-Hopi Little Colorado 
                        River Water Rights Settlement Agreement.
                    ``(C) Maximum term.--
                            ``(i) In general.--The maximum term of any 
                        service contract, lease, exchange, or other 
                        agreement under subparagraph (B) (including all 
                        renewals of such an agreement) shall not exceed 
                        99 years in duration.
                            ``(ii) Alienation.--The Hopi Tribe shall 
                        not permanently alienate any groundwater 
                        transported off of newly acquired trust land 
                        pursuant to subparagraph (B).
                    ``(D) Weed and dust control.--The Tribe shall 
                maintain newly acquired trust land from which 
                groundwater is or will be transported pursuant to 
                subparagraph (B) free of noxious weeds and blowing dust 
                that creates a threat to health or safety consistent 
                with section 45-546 of the Arizona Revised Statutes.
                    ``(E) Damage to surrounding land or other water 
                users.--
                            ``(i) Damages.--Any transportation of 
                        groundwater off of newly acquired trust land 
                        pursuant to subsection (B) shall be subject to 
                        payment of damages to the extent the 
                        groundwater withdrawals unreasonably increase 
                        damage to surrounding land or other water users 
                        from the concentration of wells.
                            ``(ii) No presumption of damage.--Neither 
                        injury to nor impairment of the water supply of 
                        any landowner shall be presumed from the fact 
                        of transportation of groundwater off of newly 
                        acquired trust land pursuant to subparagraph 
                        (B).
                            ``(iii) Mitigation.--In determining whether 
                        there has been injury and the extent of any 
                        injury, the court shall consider all acts of 
                        the person transporting groundwater toward the 
                        mitigation of injury, including the retirement 
                        of land from irrigation, discontinuance of 
                        other preexisting uses of groundwater, water 
                        conservation techniques, and procurement of 
                        additional sources of water that benefit the 
                        sub-basin or landowners within the sub-basin.
                            ``(iv) Court fees.--The court may award 
                        reasonable attorney fees, expert witness 
                        expenses and fees, and court costs to the 
                        prevailing party in litigation seeking damages 
                        for transporting groundwater off of newly 
                        acquired trust land pursuant to subparagraph 
                        (B).
                    ``(F) No obligation.--The United States (in any 
                capacity) shall have no trust or other obligation to 
                monitor, administer, or account for, in any manner, 
                groundwater delivered pursuant to subparagraph (B).
                    ``(G) Liability.--The Secretary shall not be liable 
                to the Hopi Tribe, the City of Winslow, Arizona, or any 
                other person for any loss or other detriment resulting 
                from an agreement entered into pursuant to subparagraph 
                (B).
                    ``(H) Applicable law.--
                            ``(i) State law.--Any transportation or use 
                        of groundwater off of the newly acquired trust 
                        land pursuant subparagraph (B) shall be subject 
                        to and consistent with all laws (including 
                        regulations) of the State that apply to the 
                        transportation and use of water, including all 
                        applicable permitting and reporting 
                        requirements.
                            ``(ii) Purchases or grants of lands from 
                        indians.--Section 2116 of the Revised Statutes 
                        (25 U.S.C. 177) shall not apply to any 
                        groundwater transported off of newly acquired 
                        trust land pursuant to subparagraph (B).
                    ``(I) Approval of secretary.--The Secretary shall 
                approve or disapprove any service contract, lease, 
                exchange, or other agreement under subparagraph (B) 
                submitted by the Hopi Tribe for approval within a 
                reasonable period of time after submission, except that 
                approval by the Secretary shall not be required for any 
                groundwater lease under subparagraph (B) for less than 
                10 acre-feet per year with a term of less than 7 years, 
                including renewals.
                    ``(J) No forfeiture or abandonment.--The nonuse of 
                groundwater of the Hopi Tribe from the newly acquired 
                trust land pursuant to subparagraph (B) shall not 
                result in a forfeiture, abandonment, relinquishment, or 
                other loss of all or any part of applicable rights.''.

SEC. 107. AFTER-ACQUIRED TRUST LAND.

    (a) Requirement of Act of Congress.--Except as provided in section 
11 of Public Law 93-531 (25 U.S.C. 640d-10) and the Navajo-Hopi Land 
Dispute Settlement Act of 1996 (25 U.S.C. 640d note; Public Law 104-
301), the Navajo Nation or the Hopi Tribe may only seek to have legal 
title to additional land in the State, located outside the exterior 
boundaries of the land that is, on the date of enactment of this Act, 
in reservation status or held in trust for the benefit of the Navajo 
Nation or the Hopi Tribe, taken into trust by the United States for the 
benefit of the Navajo Nation or the Hopi Tribe, respectively, pursuant 
to an Act of Congress enacted after the date of enactment of this Act.
    (b) Water Rights.--Any land taken into trust for the benefit of the 
Navajo Nation or the Hopi Tribe after the date of the enactment of this 
Act shall have only those rights to water provided under the settlement 
agreement, the Navajo-Hopi Land Dispute Settlement Act of 1996 (25 
U.S.C. 640d note; Public Law 104-301), and this Act, unless provided 
otherwise in a subsequent Act of Congress, as provided in subsection 
(a).
    (c) Acceptance of Land in Trust Status.--
            (1) Mandatory trust acquisition.--Notwithstanding 
        subsections (a) and (b), if the Navajo Nation or Hopi Tribe 
        acquires legal fee title to land that is located within the 
        exterior boundaries of the Navajo Reservation or the Hopi 
        Reservation, respectively, upon application by the Navajo 
        Nation or the Hopi Tribe to take the land into trust, the 
        Secretary shall accept the land into trust status for the 
        benefit of the Navajo Nation or Hopi Tribe in accordance with 
        applicable Federal law (including regulations).
            (2) Reservation status.--Land taken or held in trust by the 
        Secretary under paragraph (1) shall be part of the Navajo 
        Reservation or the Hopi Reservation, respectively.

SEC. 108. ENFORCEABILITY DATE.

    (a) Little Colorado River and Gila River Waivers.--The waivers and 
releases of claims described in section 105 shall take effect and be 
fully enforceable, and construction of the Navajo Groundwater Projects 
and the Hopi Groundwater Project may begin, on the date on which the 
Secretary publishes in the Federal Register a statement of findings 
that--
            (1) to the extent that the settlement agreement conflicts 
        with this Act, the settlement agreement has been revised 
        through an amendment to eliminate the conflict and the revised 
        settlement agreement has been executed by the Secretary, the 
        Navajo Nation, the Hopi Tribe, the Governor of Arizona, and not 
        less than 19 other parties;
            (2) the waivers and releases of claims described in section 
        105 have been executed by the Navajo Nation, the Hopi Tribe, 
        and the United States;
            (3) the State contributions described in subsections 
        (a)(2)(B)(iii) and (c)(2)(B)(ii) of section 104 have been made;
            (4) the full amount described in section 104(a)(2)(A)(i), 
        as adjusted by section 104(a)(2)(C), has been deposited in the 
        Navajo Groundwater Projects Account;
            (5) the full amount described in section 104(b)(2) has been 
        deposited in the Navajo OM&R Trust Account;
            (6) the full amount described in section 104(c)(2)(A)(i), 
        as adjusted by section 104(c)(2)(C), has been deposited in the 
        Hopi Groundwater Project Account;
            (7) the full amount described in section 104(d)(2) has been 
        deposited in the Hopi OM&R Trust Account;
            (8) the full amount described in section 104(e)(2)(A), as 
        adjusted by section 104(e)(2)(B), has been deposited in the N-
        Aquifer Account and is available for use to implement the N-
        Aquifer Management Plan;
            (9) the full amount described in section 104(f)(2)(A), as 
        adjusted by section 104(f)(2)(B), has been deposited in the 
        Pasture Canyon Springs Protection Program Account and is 
        available for use to implement the Pasture Canyon Springs 
        Protection Program;
            (10) the judgments and decrees in the LCR adjudication and 
        the Gila River adjudication have been approved by the LCR 
        adjudication court and the Gila River adjudication court 
        substantially in the form of the judgments and decrees attached 
        to the settlement agreement as exhibits 3.1.70 and 3.1.49, 
        respectively;
            (11) a law has been enacted by the State substantially in 
        the form of a State implementing law attached to the settlement 
        agreement as exhibit 3.1.128 and the law remains effective;
            (12) the provisions of section 45-544 of the Arizona 
        Revised Statutes restricting the transporting of groundwater 
        from the Little Colorado River Plateau Groundwater Basin are in 
        effect;
            (13) the Secretary has completed a record of decision 
        approving construction of--
                    (A) the Navajo Groundwater Projects in a 
                configuration substantially similar to the 
                configuration described in section 103(a); and
                    (B) the Hopi Groundwater Project, in a 
                configuration substantially similar to the 
                configuration described in section 103(b); and
            (14) the Navajo Nation has moved for the dismissal with 
        prejudice of the first, second, third, fourth, and fifth claims 
        for relief contained in the complaint for declaratory and 
        injunctive relief filed by the Navajo Nation on March 14, 2003, 
        in the United States District Court for the District of 
        Arizona, as part of the case styled The Navajo Nation v. United 
        States Department of the Interior (No. CV-03-0507-PCT-PGR), and 
        has moved for the dismissal without prejudice of sixth claim 
        for relief contained in the complaint, substantially in the 
        form of the dismissal attached to the settlement agreement as 
        exhibit 11.9.
    (b) Failure of the Little Colorado River Waivers.--
            (1) In general.--If the Secretary does not publish in the 
        Federal Register a statement of findings under subsection (a) 
        by October 31, 2022, this Act is repealed and any amounts--
                    (A) appropriated under section 104, together with 
                any investment earnings on those amounts, less any 
                amounts expended under subsections (a)(9), (b)(9), and 
                (c)(1) of section 103, shall revert immediately to the 
                general fund of the Treasury;
                    (B) transferred pursuant to subsections 
                (a)(2)(B)(i) and (c)(2)(B)(i) of section 104 to the 
                Navajo Groundwater Projects Account and the Hopi 
                Groundwater Project Account from the Future Indian 
                Water Settlement Subaccount of the Lower Colorado River 
                Basin Development Fund established pursuant to section 
                403(f)(2)(D)(vi) of the Colorado River Basin Project 
                Act (43 U.S.C. 1543(f)(2)(D)(vi)), together with any 
                investment earnings on those amounts, shall be returned 
                immediately to the Future Indian Water Settlement 
                Subaccount of the Lower Colorado River Basin 
                Development Fund;
                    (C) transferred pursuant to section 
                104(a)(2)(B)(ii) to the Navajo Groundwater Projects 
                Account from the Reclamation Water Settlements Fund 
                established by section 10501 of the Omnibus Public Land 
                Management Act of 2009 (43 U.S.C. 407), together with 
                any investment earnings on those amounts, shall be 
                returned immediately to the Reclamation Water 
                Settlements Fund; and
                    (D) transferred pursuant to subsections 
                (a)(2)(B)(iii) and (c)(2)(B)(ii) of section 104 to the 
                Navajo Groundwater Projects Account and the Hopi 
                Groundwater Project Account, together with any 
                investment earnings on those amounts, shall be returned 
                immediately to the State.
            (2) Severability.--Notwithstanding paragraph (1), if the 
        Secretary does not publish in the Federal Register a statement 
        of findings under subsection (a) by October 31, 2022, the 
        designation under section 109(g) and the provisions of sections 
        205(a)(1), 205(a)(2)(B), 205(a)(3), 205(a)(4), 205(a)(5), and 
        206 shall remain in effect.
    (c) Right To Offset.--
            (1) Navajo nation.--If the Secretary has not published in 
        the Federal Register the statement of findings under subsection 
        (a) by October 31, 2022, the United States shall be entitled to 
        offset any Federal amounts made available under subsections 
        (a)(9) and (c)(1) of section 103 that were used or authorized 
        for any use under those subsections against any claim asserted 
        by the Navajo Nation against the United States described in 
        section 105(a)(2)(A).
            (2) Hopi tribe.--If the Secretary has not published in the 
        Federal Register the statement of finding under subsection (a) 
        by October 31, 2022, the United States shall be entitled to 
        offset any Federal amounts made available under subsections 
        (b)(9) and (c)(1) of section 103 that were used or authorized 
        for any use under those subsections against any claim asserted 
        by the Hopi Tribe against the United States described in 
        section 105(b)(2)(A).

SEC. 109. ADMINISTRATION.

    (a) Sovereign Immunity.--If any party to the settlement agreement 
brings an action in any court of the United States or any State court 
relating only and directly to the interpretation or enforcement of this 
Act or the settlement agreement and names the United States, the Navajo 
Nation, or the Hopi Tribe as a party, or if any other landowner or 
water user in the Gila River or LCR basins in the State files a lawsuit 
relating only and directly to the interpretation or enforcement of 
paragraph 11.0 of the settlement agreement or section 105 of this Act, 
naming the United States, or the Navajo Nation or the Hopi Tribe as a 
party--
            (1) the United States, the Navajo Nation, or the Hopi Tribe 
        may be joined in the action; and
            (2) any claim by the United States, the Navajo Nation, or 
        the Hopi Tribe to sovereign immunity from the action is waived, 
        but only for the limited and sole purpose of the interpretation 
        or enforcement of this Act or the settlement agreement.
    (b) No Quantification or Effect on Rights of Other Indian Tribes or 
the United States on Behalf of Other Indian Tribes.--
            (1) In general.--Except as provided in paragraph 7.2 of the 
        settlement agreement or in paragraph (2), nothing in this Act--
                    (A) shall be construed to quantify or otherwise 
                affect the water rights, claims, or entitlements to 
                water of any Indian tribe, nation, band, or community, 
                including the San Juan Southern Paiute Tribe, other 
                than the Hopi Tribe and the Navajo Nation; or
                    (B) shall affect the ability of the United States 
                to take action on behalf of any Indian tribe, nation, 
                band, or community, including the San Juan Southern 
                Paiute Tribe, other than the Hopi Tribe, members of the 
                Hopi Tribe, allottees of the Hopi Tribe, the Navajo 
                Nation, members of the Navajo Nation, and allottees of 
                the Navajo Nation.
    (c) Antideficiency.--
            (1) In general.--The expenditure or advance of any money or 
        the performance of any obligation by the United States, in any 
        capacity, under this Act shall be contingent on the 
        appropriation of funds.
            (2) Liability.--The United States shall not be liable for 
        the failure to carry out any obligation or activity authorized 
        under this Act (including any obligation or activity under this 
        Act) if Congress does not provide adequate appropriations 
        expressly to carry out the purposes of this Act.
    (d) Reclamation Reform Act.--The Reclamation Reform Act of 1982 (43 
U.S.C. 390aa et seq.) and any other acreage limitation or full-cost 
pricing provision of Federal law shall not apply to any person, entity, 
or tract of land solely on the basis of--
            (1) receipt of any benefit under this Act;
            (2) execution or performance of this Act; or
            (3) the use, storage, delivery, lease, or exchange of CAP 
        water.
    (e) Dismissal of Pending Navajo Nation Court Case.--Not later than 
30 days after the date on which the settlement agreement is executed by 
the United States, the Navajo Nation shall execute and file a 
stipulation and proposed order, substantially in the form attached to 
the settlement agreement as exhibit 11.9 for--
            (1) the dismissal with prejudice of the first, second, 
        third, fourth, and fifth claims for relief contained in the 
        complaint for declaratory and injunctive relief in the case 
        styled Navajo Nation v. United States Department of the 
        Interior, No. CV-03-0507-PCT-PGR (D. Ariz. March 14, 2003); and
            (2) the dismissal without prejudice of the sixth claim for 
        relief contained in the complaint described in paragraph (1).
    (f) Tolling of Statutes of Limitations.--Any statute of limitations 
that may otherwise apply to, limit, or bar the sixth claim for relief 
described in subsection (e)(2) shall be tolled as follows:
            (1) If a settlement of the claims by the Navajo Nation to 
        Lower Colorado River water has been approved by an Act of 
        Congress enacted on or before December 15, 2022, then any 
        statute of limitations that may otherwise apply to, limit, or 
        bar the sixth claim for relief shall be tolled until the Navajo 
        Nation waives the claims to Lower Colorado River water under 
        the Act of Congress.
            (2) If a settlement of the claims of the Navajo Nation to 
        Lower Colorado River water has not been approved by An act of 
        Congress on or before December 15, 2022, then any statute of 
        limitations that may otherwise apply to, limit, or bar the 
        sixth claim for relief shall be tolled until December 15, 2022.
    (g) Pete Shumway Dam & Reservoir.--
            (1) In general.--The facility known as Schoens Lake, 
        Schoens Dam, and Schoens Reservoir, located on Show Low Creek 
        in Navajo County, Arizona shall be known and designated as the 
        ``Pete Shumway Dam and Reservoir''.
            (2) References.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to the 
        facility described in paragraph (1) shall be deemed to be a 
        reference to the ``Pete Shumway Dam and Reservoir''.

SEC. 110. ENVIRONMENTAL COMPLIANCE.

    (a) Environmental Compliance.--In implementing the settlement 
agreement and this Act, the Secretary shall comply with all applicable 
Federal environmental laws and regulations, including the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
    (b) Execution of the Settlement Agreement.--Execution of the 
settlement agreement by the Secretary as provided in this Act shall not 
constitute a major Federal action under section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332).
    (c) Lead Agency.--The Commissioner of the Bureau of Reclamation 
shall be primarily responsible to ensure environmental compliance in 
carrying out this Act.
    (d) No Effect on Enforcement of Environmental Laws.--Nothing in 
this Act precludes the United States, the Navajo Nation, or the Hopi 
Tribe, when delegated regulatory authority, from enforcing Federal 
environmental laws, including--
            (1) the Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including 
        claims for damages for harm to natural resources;
            (2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
            (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 
        et seq.);
            (4) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); 
        or
            (5) any regulation implementing 1 or more of those Acts.

                TITLE II--CENTRAL ARIZONA PROJECT WATER

SEC. 201. CONDITIONS FOR REALLOCATION OF CAP NIA PRIORITY WATER.

    (a) Reallocation.--
            (1) In general.--The Secretary shall neither reallocate any 
        CAP NIA priority water to the Navajo Nation under section 
        202(a) nor enter into a contract with the Navajo Nation for the 
        delivery of that water under section 202(c) unless and until 
        the Secretary has published in the Federal Register the 
        statement of findings referred to in subsection (b) that all of 
        the conditions described in paragraph (2) have been satisfied.
            (2) Conditions.--The conditions described in this paragraph 
        are that--
                    (A) the LCR enforceability date has occurred;
                    (B) the Navajo Nation and the Navajo project 
                lessees, with the approval of the Secretary, have 
                executed an amendment to the Navajo Project Lease 
                extending the term of the Navajo Project Lease through 
                December 23, 2044;
                    (C) the Secretary, with the consent of the Navajo 
                Nation, has issued or renewed to the Navajo project 
                lessees, in a form acceptable to the Navajo project 
                lessees, grants of Federal rights-of-way and easements 
                pursuant to the first section of the Act of February 5, 
                1948 (25 U.S.C. 323), for--
                            (i) the land subject to the Navajo Project 
                        Lease and for the railroad-granted land, the 
                        terms of which shall extend through the term of 
                        the Navajo Project Lease, as amended; and
                            (ii) the power transmission lines over and 
                        across land on the Navajo Reservation, the 
                        terms of which shall extend through the term of 
                        the Navajo Project Lease, as amended, described 
                        as--
                                    (I) the grant entitled ``Grant of 
                                Easement or Right of Way from the 
                                Bureau of Indian Affairs, Window Rock, 
                                Arizona, Grantor'', dated February 
                                1971, for the construction, operation, 
                                maintenance, replacement, and removal 
                                of the Navajo Project Southern 
                                Transmission System, with Map Nos. INH-
                                96, sheets 1-4, B29036, dated May 28, 
                                1970, marked as Exhibit B to that 
                                grant, and the complete centerline 
                                description shown on Exhibit A of that 
                                grant;
                                    (II) the grant entitled ``Grant of 
                                Easement and Right-of-Way by the United 
                                States of America, Bureau of Indian 
                                Affairs, Department of the Interior, 
                                Window Rock, Arizona, Grantor'', dated 
                                September 8, 1988, including amendments 
                                to that grant, for the construction, 
                                operation, and maintenance of the 
                                Navajo-McCullough Transmission Line, as 
                                shown on the Map marked Exhibit B to 
                                that grant and more particularly 
                                described in the right-of-way 
                                description marked Exhibit A to that 
                                grant; and
                                    (III) a right-of-way or permit for 
                                the Navajo Generating Station/Western 
                                Area Power Administrative Intertie 
                                Transmission System, running from the 
                                Navajo Generating Station switchyard 
                                approximately 200 feet to the Western 
                                Area Power Administration transmission 
                                line;
                    (D) Peabody has leased coal in sufficient quantity 
                and quality from the Navajo Nation, or the Navajo 
                Nation and the Hopi Tribe, for the Navajo Generating 
                Station to operate through the term of the Navajo 
                Project Lease, as amended;
                    (E) the surface coal mining permit, or a revision 
                of that permit, has been issued by the Secretary, 
                acting through the Office of Surface Mining, 
                Reclamation and Enforcement, to Peabody authorizing the 
                operation of the Kayenta mine and the mining of the 
                quantities of coal referred to in subparagraph (D) 
                through the term of the Navajo Project Lease, as 
                amended;
                    (F) Peabody and the Navajo project lessees have 
                entered into a coal supply contract for the purchase of 
                the quantities and quality of coal referred to in 
                subparagraph (D) that extends through the term of the 
                Navajo Project Lease, as amended;
                    (G) the term of the contract for water service 
                among the Navajo project lessees and the Bureau of 
                Reclamation for the consumptive use at the Navajo 
                Generating Station of up to 34,100 afy of upper basin 
                water has been extended through the term of the Navajo 
                Project Lease, as amended; and
                    (H) the Secretary, acting through the Director of 
                the National Park Service, has reissued or extended the 
                right-of-way permit No. RW GLCA-06-002, issued on 
                August 30, 2006, through the term of the Navajo Project 
                Lease, as amended.
    (b) Publication of Statement of Findings.--Upon satisfaction of all 
of the conditions described in subsection (a)(2), the Secretary shall 
publish in the Federal Register a statement of findings that each of 
the conditions has been met.
    (c) Timing of Reallocation.--Upon publication in the Federal 
Register of the statement of findings referred to in subsection (b), 
the Secretary shall reallocate to the Navajo Nation the CAP NIA 
priority water in accordance with section 202(a) and enter into a 
contract with the Navajo Nation for the delivery of that water in 
accordance with section 202(c), through the Navajo-Gallup water supply 
project in accordance with this Act.
    (d) Failure to Publish Notice.--If the Secretary fails to publish a 
statement of findings in the Federal Register under subsection (b) by 
October 31, 2022--
            (1) the authority provided under this section and section 
        202 shall terminate; and
            (2) this section and section 202, 203, 204, 205(a)(2)(A), 
        and 205(b) shall be of no further force or effect.

SEC. 202. REALLOCATION OF CAP NIA PRIORITY WATER, FIRMING, WATER 
              DELIVERY CONTRACT.

    (a) Reallocation to the Navajo Nation.--
            (1) In general.--On the date on which the Secretary 
        publishes in the Federal Register the statement of findings 
        under section 201(b), the Secretary shall reallocate to the 
        Navajo Nation the Navajo Nation CAP water.
            (2) Availability and use.--The water reallocated under 
        paragraph (1) shall be available for diversion and use from the 
        San Juan River pursuant to and consistent with section 
        10603(b)(2)(D) of the Omnibus Public Land Management Act of 
        2009 (Public Law 111-11; 123 Stat. 1383) (as amended by section 
        205).
    (b) Firming.--
            (1) Navajo nation cap water.--The Navajo Nation CAP water 
        shall be firmed as follows:
                    (A) In accordance with section 105(b)(1)(B) of the 
                Arizona Water Settlements Act (Public Law 108-451; 118 
                Stat. 3492), the Secretary shall firm 50 percent of the 
                Navajo Nation CAP water to the equivalent of CAP M&I 
                priority water for the period of 100 years beginning on 
                January 1, 2008.
                    (B) In accordance with section 105(b)(2)(B) of the 
                Arizona Water Settlements Act (Public Law 108-451; 118 
                Stat. 3492), the State shall firm 50 percent of the 
                Navajo Nation CAP water to the equivalent of CAP M&I 
                priority water for the period of 100 years beginning on 
                January 1, 2008.
            (2) Additional firming.--The Navajo Nation may, at the 
        expense of the Navajo Nation, take additional actions to firm 
        or supplement the Navajo Nation CAP water, including by 
        entering into agreements for that purpose with the Central 
        Arizona Water Conservation District, the Arizona Water Banking 
        Authority, or any other lawful authority, in accordance with 
        State law.
    (c) Navajo Nation Water Delivery Contract.--
            (1) Contract.--
                    (A) In general.--The Secretary shall enter into the 
                Navajo Nation water delivery contract, in accordance 
                with the settlement agreement, which shall meet, at a 
                minimum, the requirements described in subparagraph 
                (B).
                    (B) Requirements.--The requirements described in 
                this subparagraph are as follows:
                            (i) Authorization.--The contract entered 
                        into under subparagraph (A) shall be for 
                        permanent service (as that term is used in 
                        section 5 of the Boulder Canyon Project Act (43 
                        U.S.C. 617d)), and shall be without limit as to 
                        term.
                            (ii) Navajo nation cap water.--
                                    (I) In general.--The Navajo Nation 
                                CAP water may be delivered through the 
                                Navajo-Gallup water supply project for 
                                use in the State.
                                    (II) Method of delivery.--Subject 
                                to the physical availability of water 
                                from the San Juan River and to the 
                                rights of the Navajo Nation to use that 
                                water, deliveries under this clause 
                                shall be effected by the diversion and 
                                use of water from the San Juan River 
                                pursuant to section 10603 of the 
                                Omnibus Public Land Management Act of 
                                2009 (Public Law 111-11; 123 Stat. 
                                1382) (as amended by section 205).
                            (iii) Contractual delivery.--The Secretary 
                        shall deliver the Navajo Nation CAP water to 
                        the Navajo Nation in accordance with the terms 
                        and conditions of the Navajo Nation water 
                        delivery contract.
                            (iv) Curtailment.--Except to the extent 
                        that the Navajo Nation CAP water is firmed by 
                        the United States and the State under 
                        subsection (b)(1) or is otherwise firmed by the 
                        Navajo Nation, deliveries of the Navajo Nation 
                        CAP water shall be subject to curtailment in 
                        that--
                                    (I) deliveries of the Navajo Nation 
                                CAP water effected by the diversion of 
                                water from the San Juan River shall be 
                                curtailed during shortages of CAP NIA 
                                priority water to the same extent as 
                                other CAP NIA priority water supplies; 
                                and
                                    (II) the extent of that curtailment 
                                shall be determined in accordance with 
                                clause (xvi).
                            (v) Leases and exchanges of navajo nation 
                        cap water.--On and after the date on which the 
                        Navajo Nation water delivery contract becomes 
                        effective, the Navajo Nation may, with the 
                        approval of the Secretary, enter into contracts 
                        to lease, options to lease, exchange, or 
                        options to exchange the Navajo Nation CAP water 
                        within Apache, Cochise, Coconino, Gila, Graham, 
                        Maricopa, Navajo, Pima, Pinal, Santa Cruz, and 
                        Yavapai Counties, Arizona, providing for the 
                        temporary delivery to other persons of any 
                        portion of Navajo Nation CAP water.
                            (vi) Term of leases and exchanges.--
                                    (I) Leasing.--Contracts to lease 
                                and options to lease under clause (v) 
                                shall be for a term not to exceed 100 
                                years.
                                    (II) Exchanging.--Contracts to 
                                exchange or options to exchange under 
                                clause (v) shall be for the term 
                                provided for in each such contract or 
                                option.
                                    (III) Renegotiation.--The Navajo 
                                Nation may, with the approval of the 
                                Secretary, renegotiate any lease 
                                described in clause (v), at any time 
                                during the term of the lease, if the 
                                term of the renegotiated lease does not 
                                exceed 100 years.
                            (vii) Prohibition on permanent 
                        alienation.--No Navajo Nation CAP water may be 
                        permanently alienated.
                            (viii) No firming of leased water.--The 
                        firming obligations described in subsection 
                        (b)(1) shall not apply to any Navajo Nation CAP 
                        water leased by the Navajo Nation to other 
                        persons.
                            (ix) Entitlement to lease and exchange 
                        funds.--
                                    (I) In general.--Only the Navajo 
                                Nation, and not the United States in 
                                any capacity, shall be entitled to all 
                                consideration due to the Navajo Nation 
                                under any contracts to lease, options 
                                to lease, contracts to exchange, or 
                                options to exchange the Navajo Nation 
                                CAP water entered into by the Navajo 
                                Nation.
                                    (II) Obligations of united 
                                states.--The United States in any 
                                capacity shall have no trust or other 
                                obligation to monitor, administer, or 
                                account for, in any manner, any funds 
                                received by the Navajo Nation as 
                                consideration under any contracts to 
                                lease, options to lease, contracts 
                                exchange, or options to exchange the 
                                Navajo Nation CAP water entered into by 
                                the Navajo Nation, except in a case in 
                                which the Navajo Nation deposits the 
                                proceeds of any such lease, option to 
                                lease, exchange, or option to exchange 
                                into an account held in trust for the 
                                Navajo Nation by the United States.
                            (x) Water use on navajo land.--
                                    (I) In general.--Except as 
                                authorized by clause (v), the Navajo 
                                Nation CAP water may only be used on--
                                            (aa) the Navajo 
                                        Reservation;
                                            (bb) land held in trust by 
                                        the United States for the 
                                        benefit of the Navajo Nation; 
                                        or
                                            (cc) land owned by the 
                                        Navajo Nation in fee that is 
                                        located within the State.
                                    (II) Storage.--The Navajo Nation 
                                may store the Navajo Nation CAP water 
                                at underground storage facilities or 
                                groundwater savings facilities located 
                                within the CAP system service area, 
                                consisting of Pima, Pinal, and Maricopa 
                                Counties, in accordance with State law.
                                    (III) Assignment.--The Navajo 
                                Nation may assign any long-term storage 
                                credits accrued as a result of storage 
                                under subclause (II) in accordance with 
                                State law.
                            (xi) No use outside arizona.--
                                    (I) In general.--No Navajo Nation 
                                CAP water may be used, leased, 
                                exchanged, forborne, or otherwise 
                                transferred by the Navajo Nation for 
                                use directly or indirectly outside of 
                                the State.
                                    (II) Agreements.--Nothing in this 
                                Act or the settlement agreement limits 
                                the right of the Navajo Nation to enter 
                                into any agreement with the Arizona 
                                Water Banking Authority, or any 
                                successor agency or entity, in 
                                accordance with State law.
                            (xii) Cap fixed om&r charges.--
                                    (I) In general.--The CAP operating 
                                agency shall be paid the CAP fixed OM&R 
                                charges associated with the delivery of 
                                all the Navajo Nation CAP water.
                                    (II) Payment of charges.--Except as 
                                provided in clause (xiii), all CAP 
                                fixed OM&R charges associated with the 
                                delivery of the Navajo Nation CAP water 
                                to the Navajo Nation shall be paid by--
                                            (aa) the Secretary, 
                                        pursuant to section 
                                        403(f)(2)(A) of the Colorado 
                                        River Basin Project Act (43 
                                        U.S.C. 1543(f)(2)(A)), as long 
                                        as funds for that payment are 
                                        available in the Lower Colorado 
                                        River Basin Development Fund; 
                                        and
                                            (bb) if those funds become 
                                        unavailable, the Navajo Nation.
                            (xiii) Lessee responsibility for charges.--
                                    (I) In general.--Any lease or 
                                option to lease providing for the 
                                temporary delivery to other persons of 
                                any Navajo Nation CAP water shall 
                                require the lessee to pay the CAP 
                                operating agency all CAP fixed OM&R 
                                charges and all CAP pumping energy 
                                charges associated with the delivery of 
                                the leased water.
                                    (II) No responsibility for 
                                payment.--Neither the Navajo Nation nor 
                                the United States in any capacity shall 
                                be responsible for the payment of any 
                                charges associated with the delivery of 
                                the Navajo Nation CAP water leased to 
                                other persons.
                            (xiv) Advance payment.--No Navajo Nation 
                        CAP water shall be delivered unless the CAP 
                        fixed OM&R charges and the CAP pumping energy 
                        charges associated with the delivery of that 
                        water have been paid in advance.
                            (xv) Calculation.--The charges for delivery 
                        of the Navajo Nation CAP water pursuant to the 
                        Navajo Nation water delivery contract shall be 
                        calculated in accordance with the CAP repayment 
                        stipulation.
                            (xvi) Shortages of navajo nation cap 
                        water.--If, for any year, the available CAP 
                        supply is insufficient to meet all demands 
                        under CAP contracts for the delivery of CAP NIA 
                        priority water, the Secretary and the CAP 
                        operating agency shall prorate the available 
                        CAP NIA priority water among the CAP 
                        contractors holding contractual entitlements to 
                        CAP NIA priority water on the basis of the 
                        quantity of CAP NIA priority water used by each 
                        such CAP contractor in the last year for which 
                        the available CAP supply was sufficient to fill 
                        all orders for CAP NIA priority water.
                            (xvii) Cap repayment.--For purpose of 
                        determining the allocation and repayment of 
                        costs of any stages of the CAP constructed 
                        after November 21, 2007, the costs associated 
                        with the delivery of the Navajo Nation CAP 
                        water, regardless of whether the Navajo Nation 
                        CAP water is delivered for use by the Navajo 
                        Nation or in accordance with any lease, option 
                        to lease, exchange, or option to exchange 
                        providing for the delivery to other persons of 
                        the Navajo Nation CAP water, shall be--
                                    (I) nonreimbursable; and
                                    (II) excluded from the repayment 
                                obligation of the Central Arizona Water 
                                Conservation District.
                            (xviii) Nonreimbursable cap construction 
                        costs.--
                                    (I) In general.--With respect to 
                                the costs associated with the 
                                construction of the CAP system 
                                allocable to the Navajo Nation--
                                            (aa) the costs shall be 
                                        nonreimbursable; and
                                            (bb) the Navajo Nation 
                                        shall have no repayment 
                                        obligation for the costs.
                                    (II) Capital charges.--No CAP water 
                                service capital charges shall be due or 
                                payable for the Navajo Nation CAP 
                                water, regardless of whether the water 
                                is delivered for use by the Navajo 
                                Nation or is delivered under any lease, 
                                option to lease, exchange, or option to 
                                exchange the Navajo Nation CAP water 
                                entered into by the Navajo Nation.

SEC. 203. COLORADO RIVER ACCOUNTING.

    (a) Accounting for the Type of Water Delivered.--All deliveries of 
the Navajo Nation CAP water effected by the diversion of water from the 
San Juan River shall be accounted for as deliveries of CAP water.
    (b) Accounting for as Lower Basin Use in Arizona Regardless of 
Place of Use or Point of Diversion.--All Navajo Nation CAP water 
delivered to and consumptively used by the Navajo Nation or lessees of 
the Navajo Nation pursuant to the settlement agreement and this Act 
shall be--
            (1) accounted for as if the use had occurred in the lower 
        basin, regardless of the point of diversion or place of use;
            (2) credited as water reaching Lee Ferry pursuant to 
        articles III(c) and III(d) of the Colorado River Compact;
            (3) charged against the consumptive use apportionment made 
        to the lower basin by article III(a) of the Colorado River 
        Compact; and
            (4) accounted for as part of and charged against the 
        2,800,000 afy of Colorado River water apportioned to Arizona in 
        article II(B)(1) of the decree.
    (c) Limitations.--
            (1) In general.--Notwithstanding subsections (a) and (b) 
        and subject to paragraphs (2) and (3), no water diverted by the 
        Navajo-Gallup water supply project shall be accounted for as 
        provided in subsections (a) and (b) until such time as the 
        Secretary has developed and, as necessary, modified, in 
        consultation with the Upper Colorado River Commission and the 
        representatives of Governors on Colorado River Operations from 
        each of the respective State signatories to the Colorado River 
        Compact, all operational and decisional criteria, policies, 
        contracts, guidelines, or other documents that control the 
        operations of the Colorado River system reservoirs and 
        diversion works, so as to adjust, account for, and offset the 
        diversion of water apportioned to the State, pursuant to the 
        Boulder Canyon Project Act (43 U.S.C. 617 et seq.), from a 
        point of diversion on the San Juan River in New Mexico.
            (2) Modifications.--All modifications under paragraph (1) 
        shall be--
                    (A) consistent with section 10603(c)(2)(A) of the 
                Omnibus Public Land Management Act of 2009 (Public Law 
                111-11; 123 Stat. 1384) and this Act; and
                    (B) applicable only for the duration of any 
                diversion described in paragraph (1) pursuant to 
                section 10603(c)(2)(B) of the Omnibus Public Land 
                Management Act of 2009 (Public Law 111-11; 123 Stat. 
                1384) and this Act.
            (3) Administration.--Article II(B) of the decree shall be 
        administered so that diversions from the mainstream of the 
        Colorado River for the Central Arizona Project, as served under 
        existing contracts with the United States by diversion works 
        constructed before the date of enactment of this Act, shall be 
        limited and reduced to offset any diversions of CAP water made 
        pursuant to section 10603(c)(2)(B) of the Omnibus Public Land 
        Management Act of 2009 (Public Law 111-11; 123 Stat. 1384) and 
        this Act.
            (4) Effect of subsection.--This subsection shall not--
                    (A) affect, in any manner, the quantity of water 
                apportioned to the State pursuant to the Boulder Canyon 
                Project Act (43 U.S.C. 617 et seq.) and the decree; or
                    (B) amend any provision of the decree or the 
                Colorado River Basin Project Act (43 U.S.C. 1501 et 
                seq.).

SEC. 204. NO MODIFICATION OF EXISTING LAWS.

    (a) No Modification or Preemption of Other Laws.--Unless expressly 
provided in this Act, nothing in this Act modifies, conflicts with, 
preempts, or otherwise affects--
            (1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
            (2) the Boulder Canyon Project Adjustment Act (43 U.S.C. 
        618 et seq.);
            (3) the Act of April 11, 1956 (commonly known as the 
        ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
        seq.);
            (4) the Colorado River Basin Project Act (43 U.S.C. 1501 et 
        seq.);
            (5) the Treaty between the United States of America and 
        Mexico respecting utilization of waters of the Colorado and 
        Tijuana Rivers and of the Rio Grande, signed at Washington on 
        February 3, 1944 (59 Stat. 1219);
            (6) the Colorado River Compact;
            (7) the Upper Colorado River Basin Compact; or
            (8) the Omnibus Public Land Management Act of 2009 (Public 
        Law 111-11; 123 Stat. 991).
    (b) No Precedent.--Nothing in this Act--
            (1) authorizes or establishes a precedent for any type of 
        transfer of Colorado River system water between the upper basin 
        and the lower basin; or
            (2) expands the authority of the Secretary in the upper 
        basin.
    (c) Preservation of Existing Rights.--
            (1) In general.--Rights to the consumptive use of water 
        available to the upper basin from the Colorado River system 
        under the Colorado River Compact and the Upper Colorado River 
        Basin Compact shall not be reduced or prejudiced by any use of 
        water pursuant to section 10603(c) of the Omnibus Public Land 
        Management Act of 2009 (Public Law 111-11; 123 Stat. 1384) or 
        this Act.
            (2) No effect on duties and powers.--Nothing in this Act 
        impairs, conflicts with, or otherwise changes the duties and 
        powers of the Upper Colorado River Commission.
    (d) Unique Situation.--Diversions through the Navajo-Gallup water 
supply project consistent with this Act address critical tribal and 
non-Indian water supply needs under unique circumstances, including--
            (1) the intent to benefit Indian tribes in the United 
        States;
            (2) the location of the Navajo Nation in both the upper 
        basin and the lower basin;
            (3) the intent to address critical Indian and non-Indian 
        water needs in the State; and
            (4) the lack of other reasonable options available for 
        developing a firm, sustainable supply of municipal water for 
        the Navajo Nation in the State.
    (e) Efficient Use.--The diversions and uses authorized for the 
Navajo-Gallup water supply project under this Act represent unique and 
efficient uses of Colorado River apportionments in a manner that 
Congress has determined would be consistent with the obligations of the 
United States to the Navajo Nation.

SEC. 205. AMENDMENTS.

    (a) Amendments to the Omnibus Public Land Management Act of 2009.--
            (1) Definitions.--Section 10302 of the Omnibus Public Land 
        Management Act of 2009 (43 U.S.C. 407 note; Public Law 111-11) 
        is amended--
                    (A) in paragraph (2), by striking ``Arrellano'' and 
                inserting ``Arellano''; and
                    (B) in paragraph (27), by striking ``75-185'' and 
                inserting ``75-184''.
            (2) Delivery and use of navajo-gallup water supply project 
        water.--Section 10603(c) of the Omnibus Public Land Management 
        Act of 2009 (Public Law 111-11; 123 Stat. 1384) is amended--
                    (A) in paragraph (1)(A), by striking ``Lower Basin 
                and'' and inserting ``Lower Basin or''; and
                    (B) in paragraph (2)(A)--
                            (i) in clause (i), by striking ``Article 
                        III(c)'' and inserting ``Articles III(c)''; and
                            (ii) in clause (ii)(II), by striking 
                        ``Article III(c)'' and inserting ``Articles 
                        III(c)''.
            (3) Project contracts.--Section 10604(f)(1) of the Omnibus 
        Public Land Management Act of 2009 (Public Law 111-11; 123 
        Stat. 1391) is amended by inserting ``Project'' before 
        ``water.''
            (4) Authorization of appropriations.--Section 10609 of the 
        Omnibus Public Land Management Act of 2009 (Public Law 111-11; 
        123 Stat. 1395) is amended--
                    (A) in paragraphs (1) and (2) of subsection (b), by 
                striking ``construction or rehabilitation'' each place 
                it appears and inserting ``planning, design, 
                construction, rehabilitation,'';
                    (B) in subsection (e)(1), by striking ``2 percent'' 
                and inserting ``4 percent''; and
                    (C) in subsection (f)(1), by striking ``4 percent'' 
                and inserting ``2 percent''.
            (5) Agreement.--Section 10701(e) of the Omnibus Public Land 
        Management Act of 2009 (Public Law 111-11; 123 Stat. 1400) is 
        amended in paragraphs (2)(A), (2)(B), and (3)(A) by striking 
        ``and Contract'' each place it appears.
    (b) Amendments to the Arizona Water Settlements Act of 2004.--
Section 104(a)(1)(B)(ii) of the Arizona Water Settlements Act of 2004 
(Public Law 108-451; 118 Stat. 3487) is amended in the first sentence 
by striking ``claims to water in Arizona'' and inserting ``claims to 
the Little Colorado River in Arizona.''
    (c) Effective Dates.--The amendments made by subsections (a)(2)(A) 
and (b) take effect on the date of publication in the Federal Register 
of the statement of findings described in section 201(b).

SEC. 206. RETENTION OF LOWER COLORADO RIVER WATER FOR FUTURE LOWER 
              COLORADO RIVER SETTLEMENT.

    (a) Retention of CAP NIA Priority Water.--Notwithstanding section 
104(a)(1)(B)(i) of the Arizona Water Settlements Act (Public Law 108-
451; 118 Stat. 3487), the Secretary shall retain until January 1, 
2031--
            (1) 22,589 afy of the CAP NIA priority water referred to in 
        section 104(a)(1)(A)(iii) of that Act (Public Law 108-451; 118 
        Stat. 3487) for use in a future settlement of the claims of the 
        Navajo Nation to Lower Colorado River water; and
            (2) 1,000 afy of the CAP NIA priority water referred to in 
        section 104(a)(1)(A)(iii) of that Act (Public Law 108-451; 118 
        Stat. 3487) for use in a future settlement of the claims of the 
        Hopi Tribe to Lower Colorado River water.
    (b) Retention of Fourth Priority Mainstream Colorado River Water.--
The Secretary shall retain--
            (1) 2,000 afy of the 3,500 afy of uncontracted Arizona 
        fourth priority Colorado River water referred to in section 
        11.3 of the Arizona Water Settlement Agreement, among the 
        Director of the Arizona Department of Water Resources, the 
        Central Arizona Water Conservation District, and the Secretary, 
        dated August 16, 2004, for use in a future settlement of the 
        claims of the Navajo Nation to Lower Colorado River water; and
            (2) 1,500 afy of the 3,500 afy of uncontracted Arizona 
        fourth priority Colorado River water referred to in 
        subparagraph 11.3 of the Arizona Water Settlement Agreement, 
        among the Director of the Arizona Department of Water 
        Resources, the Central Arizona Water Conservation District, and 
        the Secretary, dated August 16, 2004, for use in a future 
        settlement of the claims of the Hopi Tribe to Lower Colorado 
        River water.
    (c) Conditions.--
            (1) Navajo nation.--If Congress does not approve a 
        settlement of the claims of the Navajo Nation to Lower Colorado 
        River water by January 1, 2031, the 22,589 afy of CAP NIA 
        priority water referred to in subsection (a)(1) shall be 
        available to the Secretary under section 104(a)(1)(B)(i) of the 
        Arizona Water Settlements Act (Public Law 108-451; 118 Stat. 
        3487).
            (2) Hopi tribe.--If Congress does not approve a settlement 
        of the claims of the Hopi Tribe to Lower Colorado River water 
        by January 1, 2031, the 1,000 afy of CAP NIA priority water 
        referred to in subsection (a)(2) shall be available to the 
        Secretary under section 104(a)(1)(B)(i) of the Arizona Water 
        Settlements Act (Public Law 108-451; 118 Stat. 3487).
            (3) Water retained for the navajo nation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the fourth priority Colorado River water retained 
                for the Navajo Nation under subsection (b)(1) shall not 
                be allocated, nor shall any contract be issued under 
                the Boulder Canyon Project Act (42 U.S.C. 617 et seq.) 
                for the use of the water, until a final Indian water 
                rights settlement for the Navajo Nation has been 
                approved by Congress, resolving the claims of the 
                Navajo Nation to Lower Colorado River water within the 
                State.
                    (B) Adjudication of navajo nation claims.--
                            (i) In general.--Except as provided in 
                        paragraph (1) and subparagraph (C), if the 
                        claims of the Navajo Nation to Lower Colorado 
                        River water are fully and finally adjudicated 
                        through litigation without a settlement of 
                        those claims, the 22,589 afy of CAP NIA 
                        priority water referred to in subsection (a)(1) 
                        and the 2,000 afy of fourth priority Colorado 
                        River water referred to in subsection (b)(1)--
                                    (I) shall no longer be retained as 
                                provided in those subsections; but
                                    (II) shall be used to satisfy, in 
                                whole or in part, any rights of the 
                                Navajo Nation to Lower Colorado River 
                                water determined through that 
                                litigation.
                            (ii) Manner and extent of distribution.--
                                    (I) In general.--Notwithstanding 
                                the last sentence of section 
                                104(a)(1)(B)(i) of the Arizona Water 
                                Settlements Act (Public Law 108-451; 
                                118 Stat. 3487), the manner and extent 
                                to which the water described in clause 
                                (i) shall be used to satisfy any rights 
                                of the Navajo Nation shall be 
                                determined by the court in the 
                                litigation.
                                    (II) CAP nia priority water.--To 
                                the extent that any of the CAP NIA 
                                priority water is not needed to satisfy 
                                any rights of the Navajo Nation 
                                described in clause (i), the water 
                                shall be available to the Secretary 
                                under section 104(a)(1)(B)(i) of the 
                                Arizona Water Settlements Act (Public 
                                Law 108-451; 118 Stat. 3487).
                                    (III) Fourth priority colorado 
                                river water.--To the extent that any of 
                                the fourth priority Colorado River 
                                water is not needed to satisfy any 
                                rights of the Navajo Nation described 
                                in clause (i), the water shall be 
                                retained by the Secretary for uses 
                                relating to Indian water right 
                                settlements in the State.
                    (C) Termination of retention of cap water.--
                            (i) In general.--If the Navajo Nation files 
                        an action against the United States regarding 
                        the claims of the Navajo Nation to Lower 
                        Colorado River water or the operation of the 
                        Lower Colorado River after the Navajo Nation 
                        dismisses the court case described in section 
                        109(e) and before January 1, 2031, the 
                        Secretary may, prior to any judicial 
                        determination of the claims asserted in the 
                        action, terminate the retention of the 22,589 
                        afy of CAP NIA priority water described in 
                        subsection (a)(1).
                            (ii) Requirements following termination.--
                        If the Secretary terminates the retention of 
                        the 22,589 afy of CAP NIA priority water under 
                        this subsection, the Secretary shall--
                                    (I) promptly give written notice of 
                                that action to the Navajo Nation and 
                                the Arizona Department of Water 
                                Resources; and
                                    (II) use the 22,589 afy of CAP NIA 
                                priority water as provided in section 
                                104(a)(1)(B)(i) of the Arizona Water 
                                Settlements Act (Public Law 108-451; 
                                118 Stat. 3487).
            (4) Water retained for hopi tribe.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the fourth priority Colorado River water retained 
                for the Hopi Tribe under subsection (b)(2) shall not be 
                allocated, nor shall any contract be issued under the 
                Boulder Canyon Project Act (43 U.S.C. 617 et seq.) for 
                the use of the water, until a final Indian water rights 
                settlement for the Hopi Tribe and the Navajo Nation has 
                been approved by Congress, resolving the claims of the 
                Hopi Tribe and the Navajo Nation to Lower Colorado 
                River water within the State.
                    (B) Adjudication of hopi tribe claims.--
                            (i) In general.--Except as provided in 
                        paragraph (1) and subparagraph (C), if the 
                        claims of the Hopi Tribe to the Lower Colorado 
                        River are fully and finally adjudicated through 
                        litigation without a settlement of those 
                        claims, the 1,000 afy of CAP NIA priority water 
                        referred to in subsection (a)(2) and the 1,500 
                        afy of fourth priority Colorado River water 
                        referred to in subsection (b)(2)--
                                    (I) shall no longer be retained as 
                                provided in those subsections; but
                                    (II) shall be used to satisfy, in 
                                whole or in part, any rights of the 
                                Hopi Tribe to Lower Colorado River 
                                water determined through that 
                                litigation.
                            (ii) Manner and extent of distribution of 
                        water.--
                                    (I) In general.--Notwithstanding 
                                the last sentence of section 
                                104(a)(1)(B)(i) of the Arizona Water 
                                Settlements Act (Public Law 108-451; 
                                118 Stat. 3487), the manner and extent 
                                to which the water described in clause 
                                (i) shall be used to satisfy any rights 
                                of the Hopi Tribe shall be determined 
                                by the court in the litigation.
                                    (II) CAP nia priority water.--To 
                                the extent that any of the CAP NIA 
                                priority water is not needed to satisfy 
                                any rights of the Hopi Tribe described 
                                in clause (i), that water shall be 
                                available to the Secretary under 
                                section 104(A)(1)(B)(i) of the Arizona 
                                Water Settlements Act (Public Law 108-
                                451; 118 Stat. 3487).
                                    (III) Fourth priority colorado 
                                river water.--To the extent that any of 
                                the fourth priority Colorado River 
                                water is not needed to satisfy any 
                                rights of the Hopi Tribe described in 
                                clause (i), that water shall be 
                                retained by the Secretary for uses 
                                relating to Indian water right 
                                settlements in the State.
                    (C) Termination of retention of cap water.--
                            (i) In general.--If the Hopi Tribe files an 
                        action against the United States regarding the 
                        claims of the Hopi Tribe to Lower Colorado 
                        River water or the operation of the Lower 
                        Colorado River before January 1, 2031, the 
                        Secretary may, prior to any judicial 
                        determination of those claims, terminate the 
                        retention of the 1,000 afy of CAP NIA priority 
                        water described in subsection (a)(2).
                            (ii) Requirements following termination.--
                        If the Secretary terminates the retention of 
                        the 1,000 afy of CAP NIA priority water under 
                        this subparagraph, the Secretary shall--
                                    (I) promptly give written notice of 
                                that action to the Hopi Tribe and the 
                                Arizona Department of Water Resources; 
                                and
                                    (II) use the 1,000 afy of CAP NIA 
                                priority water as provided in section 
                                104(A)(1)(B)(i) of the Arizona Water 
                                Settlements Act (Public Law 108-451; 
                                118 Stat. 3487).
            (5) Effect of section.--Nothing in this section determines, 
        confirms, or limits the validity or extent of the claims of the 
        Navajo Nation and the Hopi Tribe to Lower Colorado River water.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS FOR FEASIBILITY STUDY.

    There is authorized to be appropriated to complete the feasibility 
investigations of the Western Navajo Pipeline component of the North 
Central Arizona Water Supply Study $3,300,000.
                                 <all>
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