I 

115TH CONGRESS 

1ST SESSION H. R. 4723 

To approve the settlement of water rights claims of the Hualapai Tribe 

and certain allottees in the State of Arizona, to authorize construction 

of a water project relating to those water rights claims, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 21, 2017 

Mr. GOSAR (for himself, Mr. BIGGS, Ms. SINEMA, Mr. SCHWEIKERT, and Mr. 

O’HALLERAN) introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To approve the settlement of water rights claims of the 

Hualapai Tribe and certain allottees in the State of 

Arizona, to authorize construction of a water project 

relating to those water rights claims, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hualapai Tribe Water 

5 Rights Settlement Act of 2017’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


ethrower on DSK3G9T082PROD with BILLS
2 

•HR 4723 IH

1 (1) to resolve, fully and finally, all claims to 

2 rights to water in the State, including the Verde 

3 River, the Bill Williams River, and the Colorado 

4 River, of— 

5 (A) the Hualapai Tribe, on behalf of the 

6 Hualapai Tribe and the members of the 

7 Hualapai Tribe; and 

8 (B) the United States, acting as trustee 

9 for the Hualapai Tribe, the members of the 

10 Hualapai Tribe, and the allottees; 

11 (2) to authorize, ratify, and confirm the 

12 Hualapai Tribe water rights settlement agreement 

13 entered into among the Hualapai Tribe, the United 

14 States, the State, and others, to the extent that 

15 agreement is consistent with this Act; 

16 (3) to authorize and direct the Secretary to exe17 cute and perform the duties and obligations of the 

18 Secretary under the Hualapai Tribe water rights 

19 settlement agreement and this Act; and 

20 (4) to authorize the appropriation of amounts 

21 necessary for the implementation of the Hualapai 

22 Tribe water rights settlement agreement and this 

23 Act. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 


ethrower on DSK3G9T082PROD with BILLS
3 

•HR 4723 IH

1 (1) 1947 JUDGMENT.—The term ‘‘1947 Judg2 ment’’ means the Judgment and the Stipulation and 

3 Agreement, including exhibits to the Judgment and 

4 the Stipulation and Agreement, entered on March 

5 13, 1947, in United States v. Santa Fe Pac. R.R. 

6 Co., No. E–190 (D. Ariz.) and attached to the 

7 Hualapai Tribe water rights settlement agreement 

8 as Exhibit 3.1.1. 

9 (2) AFY.—The term ‘‘AFY’’ means acre-feet 

10 per year. 

11 (3) ALLOTMENT.—The term ‘‘allotment’’ means 

12 any of the 4 off-reservation parcels that are— 

13 (A) held in trust by the United States for 

14 individual Indians in the Big Sandy River basin 

15 in Mohave County, Arizona, under the patents 

16 numbered 1039995, 1039996, 1039997, and 

17 1019494; and 

18 (B) identified as Parcels 1A, 1B, 1C, and 

19 2 on the map attached to the Hualapai Tribe 

20 water rights settlement agreement as Exhibit 

21 3.1.6. 

22 (4) ALLOTTEE.—The term ‘‘allottee’’ means 

23 any Indian owner of an allotment. 

24 (5) AVAILABLE CAP SUPPLY.—The term ‘‘avail25 able CAP supply’’ means, for any year— 


ethrower on DSK3G9T082PROD with BILLS
4 

•HR 4723 IH

1 (A) all fourth priority water available for 

2 delivery through the CAP system; 

3 (B) water available from Central Arizona 

4 Project dams and reservoirs other than the 

5 Modified Roosevelt Dam; and 

6 (C) return flows captured by the Secretary 

7 for Central Arizona Project use. 

8 (6) BILL WILLIAMS ACT.—The term ‘‘Bill Wil9 liams Act’’ means the Bill Williams River Water 

10 Rights Settlement Act of 2014 (Public Law 113– 

11 223; 128 Stat. 2096). 

12 (7) BILL WILLIAMS AGREEMENTS.—The term 

13 ‘‘Bill Williams agreements’’ means the Amended and 

14 Restated Big Sandy River-Planet Ranch Water 

15 Rights Settlement Agreement and the Amended and 

16 Restated Hualapai Tribe Bill Williams River Water 

17 Rights Settlement Agreement, including all exhibits 

18 to each agreement, copies of which (excluding exhib19 its) are attached to the Hualapai Tribe water rights 

20 settlement agreement as Exhibit 3.1.11. 

21 (8) BILL WILLIAMS RIVER PHASE 2 WATER

22 RIGHTS SETTLEMENT AGREEMENT.—The term ‘‘Bill 

23 Williams River phase 2 water rights settlement 

24 agreement’’ means the agreement of that name that 

25 is attached to, and incorporated in, the Hualapai 


ethrower on DSK3G9T082PROD with BILLS
5 

•HR 4723 IH

1 Tribe water rights settlement agreement as Exhibit 

2 4.3.3. 

3 (9) CAP CONTRACT.—The term ‘‘CAP con4 tract’’ means a long-term contract (as defined in the 

5 CAP repayment stipulation) with the United States 

6 for delivery of CAP water through the CAP system. 

7 (10) CAP CONTRACTOR.— 

8 (A) IN GENERAL.—The term ‘‘CAP con9 tractor’’ means a person that has entered into 

10 a CAP contract. 

11 (B) INCLUSION.—The term ‘‘CAP con12 tractor’’ includes the Hualapai Tribe. 

13 (11) CAP FIXED OM&R CHARGE.—The term 

14 ‘‘CAP fixed OM&R charge’’ has the meaning given 

15 the term ‘‘Fixed OM&R Charge’’ in the CAP repay16 ment stipulation. 

17 (12) CAP M&I PRIORITY WATER.—The term 

18 ‘‘CAP M&I priority water’’ means the CAP water 

19 that has a municipal and industrial delivery priority 

20 under the CAP repayment contract. 

21 (13) CAP NIA PRIORITY WATER.—The term 

22 ‘‘CAP NIA priority water’’ means the CAP water 

23 deliverable under a CAP contract or a CAP sub24 contract providing for the delivery of non-Indian ag25 ricultural priority water. 


ethrower on DSK3G9T082PROD with BILLS
6 

•HR 4723 IH

1 (14) CAP OPERATING AGENCY.—The term 

2 ‘‘CAP operating agency’’ means— 

3 (A) the one or more entities authorized to 

4 assume responsibility for the care, operation, 

5 maintenance, and replacement of the CAP sys6 tem; and 

7 (B) as of the date of enactment of this 

8 Act, the Central Arizona Water Conservation 

9 District. 

10 (15) CAP PUMPING ENERGY CHARGE.—The 

11 term ‘‘CAP pumping energy charge’’ has the mean12 ing given the term ‘‘Pumping Energy Charge’’ in the 

13 CAP repayment stipulation. 

14 (16) CAP REPAYMENT CONTRACT.—The term 

15 ‘‘CAP repayment contract’’ means— 

16 (A) the contract entitled ‘‘Contract be17 tween the United States and CAWCD for Deliv18 ery of Water and Repayment of Costs of the 

19 CAP’’, numbered 14–06–W–245 (Amendment 

20 No. 1), and dated December 1, 1988; and 

21 (B) any amendment to, or revision of, that 

22 contract. 

23 (17) CAP REPAYMENT STIPULATION.—The 

24 term ‘‘CAP repayment stipulation’’ means the Stipu25 lated Judgment and the Stipulation for Judgment, 


ethrower on DSK3G9T082PROD with BILLS
7 

•HR 4723 IH

1 including any exhibits to those documents, entered 

2 on November 21, 2007, in the United States District 

3 Court for the District of Arizona in the consolidated 

4 civil action Central Arizona Water Conservation Dis5 trict v. United States, numbered CIV 95–625–TUC– 

6 WDB (EHC) and CIV 95–1720–PHX–EHC. 

7 (18) CAP SUBCONTRACT.—The term ‘‘CAP 

8 subcontract’’ means a long-term subcontract (as de9 fined in the CAP repayment stipulation) with the 

10 United States and the Central Arizona Water Con11 servation District for the delivery of CAP water 

12 through the CAP system. 

13 (19) CAP SUBCONTRACTOR.—The term ‘‘CAP 

14 subcontractor’’ means a person that has entered into 

15 a CAP subcontract. 

16 (20) CAP SYSTEM.—The term ‘‘CAP system’’ 

17 means— 

18 (A) the Mark Wilmer Pumping Plant; 

19 (B) the Hayden-Rhodes Aqueduct; 

20 (C) the Fannin-McFarland Aqueduct; 

21 (D) the Tucson Aqueduct; 

22 (E) any pumping plant or appurtenant 

23 work of a feature described in subparagraph 

24 (A), (B), (C), or (D); and 


ethrower on DSK3G9T082PROD with BILLS
8 

•HR 4723 IH

1 (F) any extension of, addition to, or re2 placement for a feature described in subpara3 graph (A), (B), (C), (D), or (E). 

4 (21) CAP WATER.—The term ‘‘CAP water’’ has 

5 the meaning given the term ‘‘Project Water’’ in the 

6 CAP repayment stipulation. 

7 (22) CENTRAL ARIZONA PROJECT.—The term 

8 ‘‘Central Arizona Project’’ means the reclamation 

9 project authorized and constructed by the United 

10 States in accordance with title III of the Colorado 

11 River Basin Project Act (43 U.S.C. 1521 et seq.). 

12 (23) CENTRAL ARIZONA WATER CONSERVATION

13 DISTRICT.—The term ‘‘Central Arizona Water Con14 servation District’’ means the political subdivision of 

15 the State that is the contractor under the CAP re16 payment contract. 

17 (24) COLORADO RIVER COMPACT.—The term 

18 ‘‘Colorado River Compact’’ means the Colorado 

19 River Compact of 1922, as ratified and reprinted in 

20 article 2 of chapter 7 of title 45, Arizona Revised 

21 Statutes. 

22 (25) COLORADO RIVER WATER.—The term 

23 ‘‘Colorado River water’’ means the water of the Col24 orado River within the United States, including— 


ethrower on DSK3G9T082PROD with BILLS
9 

•HR 4723 IH

1 (A) the water of reservoirs on the Colorado 

2 River within the United States; 

3 (B) the water of all tributaries to the Colo4 rado River within the United States, other than 

5 tributaries located within the State; 

6 (C) the water beneath the surface of the 

7 Earth that is hydraulically connected to the 

8 Colorado River within the United States; and 

9 (D) all water beneath the surface of the 

10 Earth that is hydraulically connected to tribu11 taries to the Colorado River within the United 

12 States, other than tributaries located within the 

13 State. 

14 (26) COLORADO RIVER WATER ENTITLE15 MENT.— 

16 (A) IN GENERAL.—The term ‘‘Colorado 

17 River water entitlement’’ means the right or au18 thorization to use Colorado River water in the 

19 State. 

20 (B) EXCLUSION.—The term ‘‘Colorado 

21 River water entitlement’’ does not include the 

22 right of the Hualapai Tribe to use Hualapai 

23 Tribe CAP water in accordance with the 

24 Hualapai Tribe water delivery contract. 


ethrower on DSK3G9T082PROD with BILLS
10 

•HR 4723 IH

1 (27) COMMISSIONER.—The term ‘‘Commis2 sioner’’ means the Commissioner of Reclamation. 

3 (28) DIVERSION.—The term ‘‘diversion’’ means 

4 an act to divert. 

5 (29) DIVERT.—The term ‘‘divert’’ means the 

6 receipt, withdrawal, development, production, or cap7 ture of water using a ditch, canal, flume, bypass, 

8 pipeline, pit, collection or infiltration gallery, con9 duit, well, pump, turnout, dam, or any other me10 chanical device, or any other act of man. 

11 (30) EFFLUENT.—The term ‘‘effluent’’ means 

12 water that— 

13 (A) has been used in the State for domes14 tic, municipal, or industrial purposes, other 

15 than solely for hydropower generation; and 

16 (B) is available for reuse for any purpose, 

17 whether or not the water has been treated to 

18 improve the quality of the water. 

19 (31) ENFORCEABILITY DATE.—The term ‘‘en20 forceability date’’ means the date described in sec21 tion 12(a). 

22 (32) EXCHANGE.—The term ‘‘exchange’’ means 

23 a trade between one or more persons of any water 

24 for any other water, if each person has a right or 

25 claim to use the water the person provides in the 


ethrower on DSK3G9T082PROD with BILLS
11 

•HR 4723 IH

1 trade, regardless of whether the water is traded in 

2 equal amounts or other consideration is included in 

3 the trade. 

4 (33) FOURTH PRIORITY WATER.—The term 

5 ‘‘fourth priority water’’ means Colorado River water 

6 that is available for delivery in the State for the sat7 isfaction of entitlements— 

8 (A) in accordance with contracts, Secre9 tarial reservations, perfected rights, and other 

10 arrangements between the United States and 

11 water users in the State entered into or estab12 lished more recently than September 30, 1968, 

13 for use on Federal, State, or privately owned 

14 land in the State, in a total quantity not great15 er than 164,652 AFY of diversions; and 

16 (B) after first providing for the delivery of 

17 Colorado River water for the CAP system, in18 cluding for use on Indian land, under section 

19 304(e) of the Colorado River Basin Project Act 

20 (43 U.S.C. 1524(e)), in accordance with the 

21 CAP repayment contract. 

22 (34) FREEPORT.— 

23 (A) IN GENERAL.—The term ‘‘Freeport’’ 

24 means the Delaware corporation named ‘‘Free25 port Minerals Corporation’’. 


ethrower on DSK3G9T082PROD with BILLS
12 

•HR 4723 IH

1 (B) INCLUSIONS.—The term ‘‘Freeport’’ 

2 includes all subsidiaries, affiliates, successors, 

3 and assigns of Freeport, including Byner Cattle 

4 Company, a Nevada corporation. 

5 (35) GILA RIVER ADJUDICATION.—The term 

6 ‘‘Gila River adjudication’’ means the action pending 

7 in the Superior Court of the State, in and for the 

8 County of Maricopa, In Re the General Adjudication 

9 of All Rights To Use Water In The Gila River Sys10 tem and Source, W–1 (Salt), W–2 (Verde), W–3 

11 (Upper Gila), W–4 (San Pedro) (Consolidated). 

12 (36) GILA RIVER ADJUDICATION COURT.—The 

13 term ‘‘Gila River adjudication court’’ means the Su14 perior Court of the State, in and for the County of 

15 Maricopa, exercising jurisdiction over the Gila River 

16 adjudication. 

17 (37) GILA RIVER ADJUDICATION DECREE.—The 

18 term ‘‘Gila River adjudication decree’’ means the 

19 judgment or decree entered by the Gila River adju20 dication court in substantially the same form as the 

21 form of judgment attached to the Hualapai Tribe 

22 water rights settlement agreement as Exhibit 3.1.43. 

23 (38) GROUNDWATER.—The term ‘‘ground24 water’’ means all water beneath the surface of the 

25 Earth within the State that is not— 


ethrower on DSK3G9T082PROD with BILLS
13 

•HR 4723 IH

1 (A) surface water; 

2 (B) effluent; or 

3 (C) Colorado River water. 

4 (39) HUALAPAI FEE LAND.—The term 

5 ‘‘Hualapai fee land’’ means land, other than 

6 Hualapai trust land, that— 

7 (A) is located in the State; 

8 (B) is located outside the exterior bound9 aries of the Hualapai Reservation or Hualapai 

10 trust land; and 

11 (C) as of the enforceability date, is owned 

12 by the Hualapai Tribe, including ownership 

13 through a related entity. 

14 (40) HUALAPAI LAND.—The term ‘‘Hualapai 

15 land’’ means— 

16 (A) the Hualapai Reservation; 

17 (B) Hualapai trust land; and 

18 (C) Hualapai fee land. 

19 (41) HUALAPAI OM&R TRUST ACCOUNT.—The 

20 term ‘‘Hualapai OM&R Trust Account’’ means the 

21 account established by section 6(c)(1). 

22 (42) HUALAPAI RESERVATION.—The term 

23 ‘‘Hualapai Reservation’’ means the land within the 

24 exterior boundaries of the Hualapai Reservation, in25 cluding— 


ethrower on DSK3G9T082PROD with BILLS
14 

•HR 4723 IH

1 (A) all land withdrawn by the Executive 

2 order dated January 4, 1883, as modified by 

3 the May 28, 1942, Order of the Secretary pur4 suant to the Act of February 20, 1925 (43 

5 Stat. 954, chapter 273); 

6 (B) the land identified by the Executive or7 ders dated December 22, 1898, May 14, 1900, 

8 and June 2, 1911; and 

9 (C) the land added to the Hualapai Res10 ervation by section 9. 

11 (43) HUALAPAI TRIBE.—The term ‘‘Hualapai 

12 Tribe’’ means the Hualapai Tribe, a federally recog13 nized Indian tribe of Hualapai Indians organized 

14 under section 16 of the Act of June 18, 1934 (25 

15 U.S.C. 5123) (commonly known as the ‘‘Indian Re16 organization Act’’). 

17 (44) HUALAPAI TRIBE CAP WATER.—The term 

18 ‘‘Hualapai Tribe CAP water’’ means the 4,000 AFY 

19 of the CAP NIA priority water that— 

20 (A) was previously allocated to non-Indian 

21 agricultural entities; 

22 (B) was retained by the Secretary for re23 allocation to Indian tribes in the State pursuant 

24 to section 104(a)(1)(A)(iii) of the Central AriVerDate Sep 11 2014 16:24 Dec 23, 2017 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4723.IH H4723

ethrower on DSK3G9T082PROD with BILLS
15 

•HR 4723 IH

1 zona Project Settlement Act of 2004 (Public 

2 Law 108–451; 118 Stat. 3487); and 

3 (C) is reallocated to the Hualapai Tribe 

4 pursuant to section 11. 

5 (45) HUALAPAI TRIBE WATER RIGHTS SETTLE6 MENT AGREEMENT.— 

7 (A) IN GENERAL.—The term ‘‘Hualapai 

8 Tribe water rights settlement agreement’’ 

9 means the agreement, including exhibits, enti10 tled the ‘‘Hualapai Tribe Water Rights Settle11 ment Agreement’’. 

12 (B) INCLUSIONS.—The term ‘‘Hualapai 

13 Tribe water rights settlement agreement’’ in14 cludes— 

15 (i) any amendments necessary to 

16 make the Hualapai Tribe water rights set17 tlement agreement consistent with this 

18 Act; and 

19 (ii) any other amendments approved 

20 by the parties to the Hualapai Tribe water 

21 rights settlement agreement and the Sec22 retary. 

23 (46) HUALAPAI TRIBE WATER DELIVERY CON24 TRACT.—The term ‘‘Hualapai Tribe water delivery 

25 contract’’ means the contract entered into in accordVerDate Sep 11 2014 16:24 Dec 23, 2017 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4723.IH H4723

ethrower on DSK3G9T082PROD with BILLS
16 

•HR 4723 IH

1 ance with the Hualapai Tribe water rights settle2 ment agreement and section 11(c) for the delivery of 

3 Hualapai Tribe CAP water. 

4 (47) HUALAPAI TRUST LAND.—The term 

5 ‘‘Hualapai trust land’’ means land, other than 

6 Hualapai fee land, that is— 

7 (A) located— 

8 (i) in the State; and 

9 (ii) outside the exterior boundaries of 

10 the Hualapai Reservation; and 

11 (B) as of the enforceability date, held in 

12 trust by the United States for the benefit of the 

13 Hualapai Tribe. 

14 (48) HUALAPAI WATER PROJECT.—The term 

15 ‘‘Hualapai Water Project’’ means the project con16 structed in accordance with section 6. 

17 (49) HUALAPAI WATER PROJECT ACCOUNT.— 

18 The term ‘‘Hualapai Water Project Account’’ means 

19 the account established by section 6(b)(1). 

20 (50) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

21 has the meaning given the term in section 4 of the 

22 Indian Self-Determination and Education Assistance 

23 Act (25 U.S.C. 5304). 

24 (51) INJURY TO WATER RIGHTS.— 


ethrower on DSK3G9T082PROD with BILLS
17 

•HR 4723 IH

1 (A) IN GENERAL.—The term ‘‘injury to 

2 water rights’’ means any interference with, dim3 inution of, or deprivation of, a water right 

4 under Federal, State, or other law. 

5 (B) EXCLUSION.—The term ‘‘injury to 

6 water rights’’ does not include any injury to 

7 water quality. 

8 (52) LOWER BASIN.—The term ‘‘lower basin’’ 

9 has the meaning given the term in article II(g) of 

10 the Colorado River Compact. 

11 (53) LOWER COLORADO RIVER BASIN DEVELOP12 MENT FUND.—The term ‘‘Lower Colorado River 

13 Basin Development Fund’’ means the fund estab14 lished by section 403 of the Colorado River Basin 

15 Project Act (43 U.S.C. 1543). 

16 (54) MEMBER.—The term ‘‘member’’ means 

17 any person duly enrolled as a member of the 

18 Hualapai Tribe. 

19 (55) OM&R.—The term ‘‘OM&R’’ means— 

20 (A) any recurring or ongoing activity relat21 ing to the day-to-day operation of a project; 

22 (B) any activity relating to scheduled or 

23 unscheduled maintenance of a project; and 

24 (C) any activity relating to replacing a fea25 ture of a project. 


ethrower on DSK3G9T082PROD with BILLS
18 

•HR 4723 IH

1 (56) PARCEL 1.—The term ‘‘Parcel 1’’ means 

2 the parcel of land that— 

3 (A) is depicted as 3 contiguous allotments 

4 identified as 1A, 1B, and 1C on the map at5 tached to the Hualapai Tribe water rights set6 tlement agreement as Exhibit 3.1.6; and 

7 (B) is held in trust for certain allottees. 

8 (57) PARCEL 2.—The term ‘‘Parcel 2’’ means 

9 the parcel of land that— 

10 (A) is depicted as ‘‘Parcel 2’’ on the map 

11 attached to the Hualapai Tribe water rights 

12 settlement agreement as Exhibit 3.1.6; and 

13 (B) is held in trust for certain allottees. 

14 (58) PARCEL 3.—The term ‘‘Parcel 3’’ means 

15 the parcel of land that— 

16 (A) is depicted as ‘‘Parcel 3’’ on the map 

17 attached to the Hualapai Tribe water rights 

18 settlement agreement as Exhibit 3.1.6; 

19 (B) is held in trust for the Hualapai Tribe; 

20 and 

21 (C) is part of the Hualapai Reservation 

22 pursuant to Executive Order 1368 of June 2, 

23 1911. 


ethrower on DSK3G9T082PROD with BILLS
19 

•HR 4723 IH

1 (59) PARTY.—The term ‘‘party’’ means a per2 son that is a signatory to the Hualapai Tribe water 

3 rights settlement agreement. 

4 (60) PERSON.— 

5 (A) IN GENERAL.—The term ‘‘person’’ 

6 means— 

7 (i) an individual; 

8 (ii) a public or private corporation; 

9 (iii) a company; 

10 (iv) a partnership; 

11 (v) a joint venture; 

12 (vi) a firm; 

13 (vii) an association; 

14 (viii) a society; 

15 (ix) an estate or trust; 

16 (x) a private organization or enter17 prise; 

18 (xi) the United States; 

19 (xii) any Indian tribe; 

20 (xiii) a State, territory, or country; 

21 (xiv) a governmental entity; and 

22 (xv) a political subdivision or munic23 ipal corporation organized under or subject 

24 to the constitution and laws of the State. 


ethrower on DSK3G9T082PROD with BILLS
20 

•HR 4723 IH

1 (B) INCLUSIONS.—The term ‘‘person’’ in2 cludes an officer, director, agent, insurer, rep3 resentative, employee, attorney, assign, sub4 sidiary, affiliate, enterprise, legal representative, 

5 any predecessor and successor in interest, and 

6 any heir of a predecessor and successor in in7 terest of a person. 

8 (61) PRECONSTRUCTION ACTIVITY.— 

9 (A) IN GENERAL.—The term 

10 ‘‘preconstruction activity’’ means the work re11 lating to the preplanning, planning, and design 

12 phases of construction, as those terms are de13 fined in paragraphs (1) through (3) of section 

14 900.112(a) of title 25, Code of Federal Regula15 tions (or a successor regulation). 

16 (B) INCLUSION.—The term ‘‘preconstruc17 tion activity’’ includes the activities described in 

18 section 900.112(b) of title 25, Code of Federal 

19 Regulations (or a successor regulation). 

20 (62) SECRETARY.—The term ‘‘Secretary’’ 

21 means the Secretary of the Interior. 

22 (63) STATE.—The term ‘‘State’’ means the 

23 State of Arizona. 


ethrower on DSK3G9T082PROD with BILLS
21 

•HR 4723 IH

1 (64) SURFACE WATER.—The term ‘‘surface 

2 water’’ means all water in the State that is appro3 priable under State law. 

4 (65) WATER.—The term ‘‘water’’, when used 

5 without a modifying adjective, means— 

6 (A) groundwater; 

7 (B) surface water; 

8 (C) effluent; or 

9 (D) Colorado River water. 

10 (66) WATER RIGHT.—The term ‘‘water right’’ 

11 means any right or rights in or to groundwater, sur12 face water, effluent, or Colorado River water under 

13 Federal, State, or other law. 

14 SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI 

15 TRIBE WATER RIGHTS SETTLEMENT AGREE16 MENT. 

17 (a) RATIFICATION.— 

18 (1) IN GENERAL.—Except as modified by this 

19 Act and to the extent that the Hualapai Tribe water 

20 rights settlement agreement does not conflict with 

21 this Act, the Hualapai Tribe water rights settlement 

22 agreement is authorized, ratified, and confirmed. 

23 (2) AMENDMENTS.—If an amendment to the 

24 Hualapai Tribe water rights settlement agreement, 

25 or to any exhibit attached to the Hualapai Tribe 


ethrower on DSK3G9T082PROD with BILLS
22 

•HR 4723 IH

1 water rights settlement agreement requiring the sig2 nature of the Secretary, is executed in accordance 

3 with this Act to make the Hualapai Tribe water 

4 rights settlement agreement consistent with this Act, 

5 the amendment is authorized, ratified, and con6 firmed, to the extent the amendment is consistent 

7 with this Act. 

8 (b) EXECUTION.— 

9 (1) IN GENERAL.—To the extent the Hualapai 

10 Tribe water rights settlement agreement does not 

11 conflict with this Act, the Secretary shall execute the 

12 Hualapai Tribe water rights settlement agreement, 

13 including all exhibits to, or parts of, the Hualapai 

14 Tribe water rights settlement agreement requiring 

15 the signature of the Secretary. 

16 (2) MODIFICATIONS.—Nothing in this Act pro17 hibits the Secretary from approving any modification 

18 to an appendix or exhibit to the Hualapai Tribe 

19 water rights settlement agreement that is consistent 

20 with this Act, to the extent that the modification 

21 does not otherwise require congressional approval 

22 under section 2116 of the Revised Statutes (25 

23 U.S.C. 177) or any other applicable provision of 

24 Federal law. 

25 (c) ENVIRONMENTAL COMPLIANCE.— 


ethrower on DSK3G9T082PROD with BILLS
23 

•HR 4723 IH

1 (1) IN GENERAL.—The Secretary shall carry 

2 out all Federal compliance activities necessary to im3 plement the Hualapai Tribe water rights settlement 

4 agreement (including all exhibits to the Hualapai 

5 Tribe water rights settlement agreement requiring 

6 the signature of the Secretary) and this Act, includ7 ing activities necessary to comply with all applicable 

8 provisions of— 

9 (A) the Endangered Species Act of 1973 

10 (16 U.S.C. 1531 et seq.); 

11 (B) the National Environmental Policy Act 

12 of 1969 (42 U.S.C. 4321 et seq.); and 

13 (C) all other applicable Federal environ14 mental laws. 

15 (2) EFFECT OF EXECUTION.—The execution of 

16 the Hualapai Tribe water rights settlement agree17 ment by the Secretary under this section shall not 

18 constitute a major action for purposes of the Na19 tional Environmental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.). 

21 SEC. 5. WATER RIGHTS. 

22 (a) WATER RIGHTS TO BE HELD IN TRUST.— 

23 (1) HUALAPAI TRIBE.—The United States shall 

24 hold the following water rights in trust for the ben25 efit of the Hualapai Tribe: 


ethrower on DSK3G9T082PROD with BILLS
24 

•HR 4723 IH

1 (A) The water rights for the Hualapai 

2 Reservation described in subparagraph 4.2 of 

3 the Hualapai Tribe water rights settlement 

4 agreement. 

5 (B) The water rights for Hualapai trust 

6 land described in subparagraph 4.4 of the 

7 Hualapai Tribe water rights settlement agree8 ment. 

9 (C) The water rights described in section 

10 10(b)(2) for any land taken into trust by the 

11 United States for the benefit of the Hualapai 

12 Tribe— 

13 (i) after the enforceability date; and 

14 (ii) in accordance with section 

15 10(b)(1). 

16 (D) All Hualapai Tribe CAP Water. 

17 (2) ALLOTTEES.—The United States shall hold 

18 in trust for the benefit of the allottees all water 

19 rights for the allotments described in subparagraph 

20 4.3.2 of the Hualapai Tribe water rights settlement 

21 agreement. 

22 (b) FORFEITURE AND ABANDONMENT.—The fol23 lowing water rights shall not be subject to loss through 

24 non-use, forfeiture, abandonment, or other operation of 

25 law: 


ethrower on DSK3G9T082PROD with BILLS
25 

•HR 4723 IH

1 (1) The water rights for the Hualapai Reserva2 tion described in subparagraph 4.2 of the Hualapai 

3 Tribe water rights settlement agreement. 

4 (2) The water rights for Hualapai trust land 

5 described in subparagraph 4.4 of the Hualapai Tribe 

6 water rights settlement agreement. 

7 (3) Any Colorado River water entitlement pur8 chased by the Hualapai Tribe wholly or substantially 

9 with amounts contributed by Freeport to the Eco10 nomic Development Fund described in section 8.1 of 

11 the Amended and Restated Hualapai Tribe Bill Wil12 liams River Water Rights Settlement Agreement. 

13 (c) ALIENATION.—Any Colorado River water entitle14 ment purchased by the Hualapai Tribe wholly or substan15 tially with amounts contributed by Freeport to the Eco16 nomic Development Fund described in section 8.1 of the 

17 Amended and Restated Hualapai Tribe Bill Williams 

18 River Water Rights Settlement Agreement shall be re19 stricted against permanent alienation by the Tribe. 

20 (d) HUALAPAI TRIBE CAP WATER.—The Hualapai 

21 Tribe shall have the right to divert, use, and store the 

22 Hualapai Tribe CAP water in accordance with section 11. 

23 (e) COLORADO RIVER WATER ENTITLEMENTS.— 

24 (1) USES.—The Hualapai Tribe shall have the 

25 right to use any Colorado River water entitlement 


ethrower on DSK3G9T082PROD with BILLS
26 

•HR 4723 IH

1 purchased by or donated to the Hualapai Tribe at 

2 the location to which the entitlement is appurtenant 

3 on the date on which the entitlement is purchased 

4 or donated. 

5 (2) STORAGE.— 

6 (A) IN GENERAL.—Subject to paragraphs 

7 (3) and (5), the Hualapai Tribe may store Colo8 rado River water available under any Colorado 

9 River water entitlement purchased by or do10 nated to the Hualapai Tribe at underground 

11 storage facilities or groundwater savings facili12 ties located within the State and in accordance 

13 with State law. 

14 (B) ASSIGNMENTS.—The Hualapai Tribe 

15 may assign any long-term storage credits ac16 crued as a result of storage under subpara17 graph (A) in accordance with State law. 

18 (3) TRANSFERS.—The Hualapai Tribe may 

19 transfer the entitlement for use or storage under 

20 paragraph (1) or (2), respectively, to another loca21 tion within the State, including the Hualapai Res22 ervation, in accordance with the Hualapai Tribe 

23 water rights settlement agreement and all applicable 

24 Federal and State laws governing the transfer of 

25 Colorado River water entitlements within the State. 


ethrower on DSK3G9T082PROD with BILLS
27 

•HR 4723 IH

1 (4) LEASES.—The Hualapai Tribe may lease 

2 the entitlement for use or storage to a water user 

3 within the State, in accordance with the Hualapai 

4 Tribe water rights settlement agreement and all ap5 plicable Federal and State laws governing the trans6 fer of Colorado River water entitlements within the 

7 State. 

8 (5) TRANSPORTS.—The Hualapai Tribe, or any 

9 person who leases the entitlement from the Hualapai 

10 Tribe under paragraph (4), may transport Colorado 

11 River water available under the entitlement through 

12 the Central Arizona Project in accordance with all 

13 laws of the United States and the Central Arizona 

14 Water Conservation District governing the use of the 

15 Central Arizona Project to transport water other 

16 than CAP Water. 

17 (f) USE OFF-RESERVATION.—No water rights to 

18 groundwater under the Hualapai Reservation or Hualapai 

19 trust land, or to surface water on the Hualapai Reserva20 tion or Hualapai trust land, may be sold, leased, trans21 ferred, or used outside the boundaries of the Hualapai 

22 Reservation or Hualapai trust land, other than under an 

23 exchange. 


ethrower on DSK3G9T082PROD with BILLS
28 

•HR 4723 IH

1 SEC. 6. AUTHORIZATION FOR CONSTRUCTION OF 

2 HUALAPAI WATER PROJECT; FUNDING. 

3 (a) HUALAPAI WATER PROJECT.— 

4 (1) IN GENERAL.—Subject to the availability of 

5 appropriations, the Secretary, acting through the 

6 Commissioner, shall plan, design, and construct the 

7 Hualapai Water Project, which shall be designed to 

8 divert, treat, and convey not less than 3,414 AFY of 

9 water from the Colorado River for municipal, com10 mercial, and industrial uses on the Hualapai Res11 ervation. 

12 (2) LEAD AGENCY.—The Bureau of Reclama13 tion shall serve as the lead agency with respect to 

14 any activity to plan, design, and construct the water 

15 diversion and delivery features of the Hualapai 

16 Water Project. 

17 (3) SCOPE.— 

18 (A) IN GENERAL.—The scope of the plan19 ning, design, and construction activities for the 

20 Hualapai Water Project shall be as generally 

21 described in the document entitled ‘‘Appraisal 

22 Design Report revised with Addendum (June 

23 2016)’’ and prepared by DOWL HKM, subject 

24 to the condition that, before commencing final 

25 design and construction activities, the Secretary 

26 shall— 


ethrower on DSK3G9T082PROD with BILLS
29 

•HR 4723 IH

1 (i) review the design of the proposed 

2 construction; 

3 (ii) perform value engineering anal4 yses; and 

5 (iii) perform appropriate Federal com6 pliance activities. 

7 (B) REQUIREMENTS.—The Hualapai 

8 Water Project shall— 

9 (i) be capable of delivering 3,414 AFY 

10 of water from the Colorado River to the 

11 Reservation; 

12 (ii) include all facilities and appur13 tenant items necessary to divert, store, 

14 treat, and deliver water for municipal, 

15 commercial, and industrial uses on the 

16 Hualapai Reservation; and 

17 (iii) to the maximum extent prac18 ticable, be designed and constructed to 

19 minimize OM&R costs. 

20 (C) NEGOTIATIONS WITH HUALAPAI

21 TRIBE.—On the basis of the review described in 

22 subparagraph (A)(i), the Secretary shall peri23 odically offer to negotiate and reach agreement 

24 with the Hualapai Tribe regarding any appro25 priate changes to the final design— 


ethrower on DSK3G9T082PROD with BILLS
30 

•HR 4723 IH

1 (i) to ensure that the final design 

2 meets applicable industry standards; 

3 (ii) to improve the cost-effectiveness 

4 of the delivery of Colorado River water; 

5 and 

6 (iii) to ensure that the Hualapai 

7 Water Project will be constructed using 

8 only the amounts made available pursuant 

9 to subsection (b)(6). 

10 (4) APPLICABILITY OF ISDEAA.—On request of 

11 the Hualapai Tribe and in accordance with the In12 dian Self-Determination and Education Assistance 

13 Act (25 U.S.C. 5301 et seq.), the Secretary shall 

14 enter into one or more agreements with the 

15 Hualapai Tribe to carry out this subsection. 

16 (5) OPERATION AND MAINTENANCE.— 

17 (A) IN GENERAL.—In accordance with 

18 subsection (c) and subject to the availability of 

19 appropriations, during the period beginning on 

20 the enforceability date and ending on the date 

21 on which title to the Hualapai Water Project is 

22 transferred to the Hualapai Tribe pursuant to 

23 paragraph (6), the Secretary, acting through 

24 the Commissioner, in consultation with the 


ethrower on DSK3G9T082PROD with BILLS
31 

•HR 4723 IH

1 Hualapai Tribe, shall operate, maintain, and re2 place the Hualapai Water Project. 

3 (B) AUTHORIZATION OF APPROPRIA4 TIONS.— 

5 (i) IN GENERAL.—There is authorized 

6 to be appropriated to the Secretary to 

7 carry out the activities described in sub8 paragraph (A) $5,000,000, to remain 

9 available until expended. 

10 (ii) UNEXPENDED FUNDS.—Any 

11 funds that remain unexpended on the date 

12 on which title to the Hualapai Water 

13 Project is transferred to the Hualapai 

14 Tribe pursuant to paragraph (6) shall re15 vert to the Treasury. 

16 (iii) PROHIBITION.—The Secretary 

17 shall not use any amounts from the 

18 Hualapai Water Project Account or the 

19 Hualapai OM&R Trust Account to carry 

20 out the activities described in subpara21 graph (A). 

22 (6) TITLE TO HUALAPAI WATER PROJECT.— 

23 (A) IN GENERAL.—The Secretary shall 

24 convey to the Hualapai Tribe title to the 


ethrower on DSK3G9T082PROD with BILLS
32 

•HR 4723 IH

1 Hualapai Water Project on the date on which 

2 the Secretary issues a notice including— 

3 (i) a certification that the infrastruc4 ture constructed is capable of storing, di5 verting, treating, transmitting, and distrib6 uting a supply of water as generally set 

7 forth in the final project design described 

8 in paragraph (3); 

9 (ii) a finding that the Hualapai Water 

10 Project is substantially complete; and 

11 (iii) a certification that the Secretary 

12 has consulted with the Hualapai Tribe re13 garding the finding described in clause (ii). 

14 (B) LIMITATION ON LIABILITY.— 

15 (i) IN GENERAL.—Subject to clause 

16 (ii), beginning on the date on which the 

17 Secretary transfers to the Hualapai Tribe 

18 title to the Hualapai Water Project under 

19 subparagraph (A), the United States shall 

20 not be held liable by any court for damages 

21 arising out of any act, omission, or occur22 rence relating to the facilities transferred. 

23 (ii) SAVINGS CLAUSE.—Clause (i) 

24 shall not apply to liability for damages 

25 caused by an intentional act or an act of 


ethrower on DSK3G9T082PROD with BILLS
33 

•HR 4723 IH

1 negligence committed by the United 

2 States, or by employees or agents of the 

3 United States, occurring prior to the date 

4 on which the Secretary transfers to the 

5 Hualapai Tribe title to the Hualapai Water 

6 Project under subparagraph (A). 

7 (C) OM&R OBLIGATION OF UNITED

8 STATES AFTER CONVEYANCE.—Beginning on 

9 the date on which the Secretary transfers to the 

10 Hualapai Tribe title to the Hualapai Water 

11 Project under subparagraph (A), the United 

12 States shall have no obligation to pay for the 

13 OM&R costs of the Hualapai Water Project. 

14 (7) TECHNICAL ASSISTANCE.— 

15 (A) IN GENERAL.—Subject to the avail16 ability of appropriations, the Secretary shall 

17 provide to the Hualapai Tribe technical assist18 ance, including operation and management 

19 training, to prepare the Hualapai Tribe for the 

20 operation of the Hualapai Water Project. 

21 (B) AUTHORIZATION OF APPROPRIA22 TIONS.— 

23 (i) IN GENERAL.—There is authorized 

24 to be appropriated to the Secretary to 

25 carry out the activities described in subVerDate Sep 11 2014 16:24 Dec 23, 2017 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4723.IH H4723

ethrower on DSK3G9T082PROD with BILLS
34 

•HR 4723 IH

1 paragraph (A) $2,000,000, to remain 

2 available until expended. 

3 (ii) UNEXPENDED FUNDS.—Any 

4 funds that remain unexpended on the date 

5 on which title to the Hualapai Water 

6 Project is transferred to the Hualapai 

7 Tribe pursuant to paragraph (6) shall re8 vert to the Treasury. 

9 (8) PROJECT MANAGEMENT COMMITTEE.—The 

10 Secretary shall facilitate the formation of a project 

11 management committee composed of representatives 

12 from the Bureau of Reclamation, the Bureau of In13 dian Affairs, the National Park Service, the United 

14 States Fish and Wildlife Service, and the Hualapai 

15 Tribe— 

16 (A) to review cost factors and budgets for 

17 construction, operation, and maintenance activi18 ties for the Hualapai Water Project; 

19 (B) to improve management of inherently 

20 governmental functions through enhanced com21 munication; and 

22 (C) to seek additional ways to reduce over23 all costs for the Hualapai Water Project. 

24 (9) AUTHORIZATION TO CONSTRUCT.— 


ethrower on DSK3G9T082PROD with BILLS
35 

•HR 4723 IH

1 (A) IN GENERAL.—Subject to subpara2 graph (B), beginning on the day after the en3 forceability date, the Secretary may construct 

4 the Hualapai Water Project. 

5 (B) PRECONSTRUCTION ACTIVITIES.— 

6 (i) IN GENERAL.—Notwithstanding 

7 subparagraph (A) and subject to clause 

8 (ii), on or before the enforceability date, 

9 the Secretary may use not more than 

10 $15,233,000 of the amounts deposited in 

11 the Hualapai Water Project Account under 

12 subsection (b)(6) to carry out, for the 

13 Hualapai Water Project— 

14 (I) preconstruction activities; and 

15 (II) necessary environmental 

16 studies. 

17 (ii) FLUCTUATION IN COSTS.—The 

18 amount described in clause (i) shall be in19 creased or decreased, as appropriate, by 

20 such amounts as may be justified by rea21 son of fluctuations in applicable engineer22 ing cost indices occurring after February 

23 29, 2016. 

24 (b) HUALAPAI WATER PROJECT ACCOUNT.— 

25 (1) ESTABLISHMENT.— 


ethrower on DSK3G9T082PROD with BILLS
36 

•HR 4723 IH

1 (A) IN GENERAL.—There is established in 

2 the Treasury of the United States an account, 

3 to be known as the ‘‘Hualapai Water Project 

4 Account’’, for use in constructing the Hualapai 

5 Water Project. 

6 (B) ADMINISTRATION.—The Hualapai 

7 Water Project Account shall be administered by 

8 the Secretary. 

9 (C) COMPOSITION.—The Hualapai Water 

10 Project Account shall consist of the amounts 

11 deposited in the account under paragraph (6), 

12 together with any interest accrued on those 

13 amounts. 

14 (2) MANAGEMENT.— 

15 (A) IN GENERAL.—The Secretary shall 

16 manage the Hualapai Water Project Account in 

17 a manner that is consistent with— 

18 (i) the American Indian Trust Fund 

19 Management Reform Act of 1994 (25 

20 U.S.C. 4001 et seq.); and 

21 (ii) this subsection. 

22 (B) INVESTMENTS.—The Secretary shall 

23 invest amounts in the Hualapai Water Project 

24 Account in accordance with— 


ethrower on DSK3G9T082PROD with BILLS
37 

•HR 4723 IH

1 (i) the Act of April 1, 1880 (21 Stat. 

2 70, chapter 41; 25 U.S.C. 161); 

3 (ii) the first section of the Act of June 

4 24, 1938 (52 Stat. 1037, chapter 648; 25 

5 U.S.C. 162a); and 

6 (iii) obligations of Federal corpora7 tions and Federal Government-sponsored 

8 entities, the charter documents of which 

9 provide that the obligations of the entities 

10 are lawful investments for federally man11 aged funds, including— 

12 (I) obligations of the United 

13 States Postal Service described in sec14 tion 2005 of title 39, United States 

15 Code; 

16 (II) bonds and other obligations 

17 of the Tennessee Valley Authority de18 scribed in section 15d of the Ten19 nessee Valley Authority Act of 1933 

20 (16 U.S.C. 831n–4); 

21 (III) mortgages, obligations, or 

22 other securities of the Federal Home 

23 Loan Mortgage Corporation described 

24 in section 303 of the Federal Home 


ethrower on DSK3G9T082PROD with BILLS
38 

•HR 4723 IH

1 Loan Mortgage Corporation Act (12 

2 U.S.C. 1452); and 

3 (IV) bonds, notes, or debentures 

4 of the Commodity Credit Corporation 

5 described in section 4 of the Act of 

6 March 8, 1938 (52 Stat. 108, chapter 

7 44; 15 U.S.C. 713a–4). 

8 (C) CREDITS TO ACCOUNT.—The interest 

9 on, and the proceeds from, the sale or redemp10 tion of any obligations held in the Hualapai 

11 Water Project Account shall be credited to, and 

12 form a part of, the Hualapai Water Project Ac13 count. 

14 (3) PROJECT EFFICIENCIES.—If the total cost 

15 of planning, design, and construction activities of 

16 the Hualapai Water Project results in cost savings 

17 and is less than the amounts authorized to be appro18 priated under paragraph (6), the Secretary, at the 

19 request of the Hualapai Tribe, may— 

20 (A) use those cost savings to carry out 

21 capital improvement projects associated with 

22 the Hualapai Water Project; or 

23 (B) transfer those cost savings to the 

24 Hualapai OM&R Trust Account. 


ethrower on DSK3G9T082PROD with BILLS
39 

•HR 4723 IH

1 (4) NO REIMBURSEMENT.—The Secretary shall 

2 not be reimbursed by any entity, including the 

3 Hualapai Tribe, for any amounts expended by the 

4 Secretary in carrying out this section. 

5 (5) AVAILABILITY OF AMOUNTS AND INVEST6 MENT EARNINGS.— 

7 (A) IN GENERAL.—Except as provided in 

8 subsection (a)(9)(B), amounts appropriated to 

9 and, deposited in, the Hualapai Water Project 

10 Account shall not be available to the Secretary 

11 for expenditure until the enforceability date. 

12 (B) INVESTMENT EARNINGS.—Investment 

13 earnings under paragraph (2) on amounts de14 posited in the Hualapai Water Project Account 

15 shall not be available to the Secretary for ex16 penditure until the enforceability date. 

17 (6) AUTHORIZATION OF APPROPRIATIONS.— 

18 (A) IN GENERAL.—Subject to subpara19 graph (B), there is authorized to be appro20 priated to the Secretary for deposit in the 

21 Hualapai Water Project Account $134,500,000, 

22 to remain available until expended. 

23 (B) FLUCTUATION IN COSTS.—The 

24 amount authorized to be appropriated under 

25 subparagraph (A) shall be increased or deVerDate Sep 11 2014 16:24 Dec 23, 2017 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H4723.IH H4723

ethrower on DSK3G9T082PROD with BILLS
40 

•HR 4723 IH

1 creased, as appropriate, by such amounts as 

2 may be justified by reason of fluctuations in ap3 plicable engineering cost indices occurring after 

4 February 29, 2016, until the date on which title 

5 to the Hualapai Water Project is transferred to 

6 the Hualapai Tribe under subsection (a)(6)(A). 

7 (c) HUALAPAI OM&R TRUST ACCOUNT.— 

8 (1) ESTABLISHMENT.— 

9 (A) IN GENERAL.—There is established in 

10 the Treasury of the United States a trust ac11 count, to be known as the ‘‘Hualapai OM&R 

12 Trust Account’’, for the OM&R of the Hualapai 

13 Water Project. 

14 (B) ADMINISTRATION.—The Hualapai 

15 OM&R Trust Account shall be administered by 

16 the Secretary. 

17 (C) COMPOSITION.—The Hualapai OM&R 

18 Trust Account shall consist of the amounts de19 posited in the account under paragraph (4), to20 gether with any interest accrued on those 

21 amounts. 

22 (2) MANAGEMENT.— 

23 (A) IN GENERAL.—The Secretary shall 

24 manage the Hualapai OM&R Trust Account in 

25 a manner that is consistent with— 


ethrower on DSK3G9T082PROD with BILLS
41 

•HR 4723 IH

1 (i) the American Indian Trust Fund 

2 Management Reform Act of 1994 (25 

3 U.S.C. 4001 et seq.); and 

4 (ii) this subsection. 

5 (B) INVESTMENTS.—The Secretary shall 

6 invest amounts in the Hualapai OM&R Trust 

7 Account in accordance with the laws and obliga8 tions described in clauses (i) through (iii) of 

9 subsection (b)(2)(B). 

10 (3) AVAILABILITY OF AMOUNTS.—Beginning on 

11 the date on which title to the Hualapai Water 

12 Project is transferred to the Hualapai Tribe under 

13 subsection (a)(6)(A), the Secretary shall make avail14 able to the Hualapai Tribe all amounts appropriated 

15 to, and deposited in, the Hualapai OM&R Trust Ac16 count. 

17 (4) AUTHORIZATION OF APPROPRIATIONS.— 

18 (A) IN GENERAL.—Subject to subpara19 graph (B) and in addition to any amounts 

20 transferred from the Hualapai Water Project 

21 Account pursuant to subsection (b)(3)(B), there 

22 is authorized to be appropriated to the Sec23 retary for deposit and retention in the Hualapai 

24 OM&R Trust Account $32,000,000, to remain 

25 available until expended. 


ethrower on DSK3G9T082PROD with BILLS
42 

•HR 4723 IH

1 (B) FLUCTUATION IN COSTS.—The 

2 amount authorized to be appropriated under 

3 subparagraph (A) shall be increased or de4 creased, as appropriate, by such amounts as 

5 may be justified by reason of fluctuations in ap6 plicable engineering cost indices occurring after 

7 February 29, 2016. 

8 SEC. 7. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS. 

9 (a) HUALAPAI TRIBE.— 

10 (1) CLAIMS AGAINST THE STATE AND OTH11 ERS.— 

12 (A) IN GENERAL.—Except as provided in 

13 subparagraph (C), the Hualapai Tribe, on be14 half of the Hualapai Tribe and the members of 

15 the Hualapai Tribe (but not members in the ca16 pacity of the members as allottees) and the 

17 United States, acting as trustee for the 

18 Hualapai Tribe and the members of the 

19 Hualapai Tribe (but not members in the capac20 ity of the members as allottees), as part of the 

21 performance of the respective obligations of the 

22 Hualapai Tribe and the United States under 

23 the Hualapai Tribe water rights settlement 

24 agreement and this Act, are authorized to exe25 cute a waiver and release of any claims against 


ethrower on DSK3G9T082PROD with BILLS
43 

•HR 4723 IH

1 the State (or any agency or political subdivision 

2 of the State) and any other individual, entity, 

3 corporation, or municipal corporation under 

4 Federal, State, or other law for all— 

5 (i) past, present, and future claims for 

6 water rights, including rights to Colorado 

7 River water, for Hualapai land, arising 

8 from time immemorial and, thereafter, for9 ever; 

10 (ii) past, present, and future claims 

11 for water rights, including rights to Colo12 rado River water, arising from time imme13 morial and, thereafter, forever, that are 

14 based on the aboriginal occupancy of land 

15 by the Hualapai Tribe, the predecessors of 

16 the Hualapai Tribe, the members of the 

17 Hualapai Tribe, or predecessors of the 

18 members of the Hualapai Tribe; 

19 (iii) past and present claims for injury 

20 to water rights, including injury to rights 

21 to Colorado River water, for Hualapai 

22 land, arising from time immemorial 

23 through the enforceability date; 

24 (iv) past, present, and future claims 

25 for injury to water rights, including injury 


ethrower on DSK3G9T082PROD with BILLS
44 

•HR 4723 IH

1 to rights to Colorado River water, arising 

2 from time immemorial and, thereafter, for3 ever, that are based on the aboriginal occu4 pancy of land by the Hualapai Tribe, the 

5 predecessors of the Hualapai Tribe, the 

6 members of the Hualapai Tribe, or prede7 cessors of the members of the Hualapai 

8 Tribe; 

9 (v) claims for injury to water rights, 

10 including injury to rights to Colorado 

11 River water, arising after the enforceability 

12 date, for Hualapai land, resulting from the 

13 off-Reservation diversion or use of water in 

14 a manner not in violation of the Hualapai 

15 Tribe water rights settlement agreement or 

16 State law; 

17 (vi) past, present, and future claims 

18 arising out of, or relating in any manner 

19 to, the negotiation, execution, or adoption 

20 of the Hualapai Tribe water rights settle21 ment agreement, any judgment or decree 

22 approving or incorporating the Hualapai 

23 Tribe water rights settlement agreement, 

24 or this Act; and 


ethrower on DSK3G9T082PROD with BILLS
45 

•HR 4723 IH

1 (vii) claims for water rights of the 

2 Hualapai Tribe or the United States, act3 ing as trustee for the Hualapai Tribe and 

4 members of the Hualapai Tribe with re5 spect to Parcel 3, in excess of 300 AFY. 

6 (B) EFFECTIVE DATE.—The waiver and 

7 release of claims described in subparagraph (A) 

8 shall take effect on the enforceability date. 

9 (C) RESERVATION OF RIGHTS AND RETEN10 TION OF CLAIMS.—Notwithstanding the waiver 

11 and release of claims described in subparagraph 

12 (A), the Hualapai Tribe, acting on behalf of the 

13 Hualapai Tribe and the members of the 

14 Hualapai Tribe, and the United States, acting 

15 as trustee for the Hualapai Tribe and the mem16 bers of the Hualapai Tribe (but not members in 

17 the capacity of the members as allottees), shall 

18 retain any right— 

19 (i) subject to subparagraph 12.7 of 

20 the Hualapai Tribe water rights settlement 

21 agreement, to assert claims for injuries to, 

22 and seek enforcement of, the rights of the 

23 Tribe under the Hualapai Tribe water 

24 rights settlement agreement or this Act in 


ethrower on DSK3G9T082PROD with BILLS
46 

•HR 4723 IH

1 any Federal or State court of competent 

2 jurisdiction; 

3 (ii) to assert claims for injuries to, 

4 and seek enforcement of, the rights of the 

5 Hualapai Tribe under any judgment or de6 cree approving or incorporating the 

7 Hualapai Tribe water rights settlement 

8 agreement; 

9 (iii) to assert claims for water rights 

10 based on State law for land owned or ac11 quired by the Hualapai Tribe in fee, under 

12 subparagraph 4.8 of the Hualapai Tribe 

13 water rights settlement agreement; 

14 (iv) to object to any claims for water 

15 rights or injury to water rights by or for 

16 any Indian tribe or the United States, act17 ing on behalf of any Indian tribe; 

18 (v) to assert past, present, or future 

19 claims for injury to water rights against 

20 any Indian tribe or the United States, act21 ing on behalf of any Indian tribe; 

22 (vi) to assert claims for injuries to, 

23 and seek enforcement of, the rights of the 

24 Hualapai Tribe under the Bill Williams 

25 agreements or the Bill Williams Act in any 


ethrower on DSK3G9T082PROD with BILLS
47 

•HR 4723 IH

1 Federal or State court of competent juris2 diction; and 

3 (vii) subject to paragraphs (1), (3), 

4 (4), and (5) of section 5(e), to assert the 

5 rights of the Hualapai Tribe under any 

6 Colorado River water entitlement pur7 chased by or donated to the Hualapai 

8 Tribe. 

9 (2) CLAIMS AGAINST UNITED STATES.— 

10 (A) IN GENERAL.—Except as provided in 

11 subparagraph (C), the Hualapai Tribe, acting 

12 on behalf of the Hualapai Tribe and the mem13 bers of the Hualapai Tribe (but not members in 

14 the capacity of the members as allottees) as 

15 part of the performance of the obligations of 

16 the Hualapai Tribe under the Hualapai Tribe 

17 water rights settlement agreement and this Act, 

18 is authorized to execute a waiver and release of 

19 all claims against the United States, including 

20 agencies, officials, and employees of the United 

21 States, under Federal, State, or other law for 

22 all— 

23 (i) past, present, and future claims for 

24 water rights, including rights to Colorado 

25 River water, for Hualapai land, arising 


ethrower on DSK3G9T082PROD with BILLS
48 

•HR 4723 IH

1 from time immemorial and, thereafter, for2 ever; 

3 (ii) past, present, and future claims 

4 for water rights, including rights to Colo5 rado River water, arising from time imme6 morial and, thereafter, forever, that are 

7 based on the aboriginal occupancy of land 

8 by the Hualapai Tribe, the predecessors of 

9 the Hualapai Tribe, the members of the 

10 Hualapai Tribe, or predecessors of the 

11 members of the Hualapai Tribe; 

12 (iii) past and present claims relating 

13 in any manner to damages, losses, or in14 jury to water rights (including injury to 

15 rights to Colorado River water), land, or 

16 other resources due to loss of water or 

17 water rights (including damages, losses, or 

18 injuries to hunting, fishing, gathering, or 

19 cultural rights due to loss of water or 

20 water rights, claims relating to interference 

21 with, diversion, or taking of water, or 

22 claims relating to the failure to protect, ac23 quire, or develop water, water rights, or 

24 water infrastructure) within the State that 


ethrower on DSK3G9T082PROD with BILLS
49 

•HR 4723 IH

1 first accrued at any time prior to the en2 forceability date; 

3 (iv) past and present claims for injury 

4 to water rights, including injury to rights 

5 to Colorado River water, for Hualapai 

6 land, arising from time immemorial 

7 through the enforceability date; 

8 (v) past, present, and future claims 

9 for injury to water rights, including injury 

10 to rights to Colorado River water, arising 

11 from time immemorial and, thereafter, for12 ever, that are based on the aboriginal occu13 pancy of land by the Hualapai Tribe, the 

14 predecessors of the Hualapai Tribe, the 

15 members of the Hualapai Tribe, or prede16 cessors of the members of the Hualapai 

17 Tribe; 

18 (vi) claims for injury to water rights, 

19 including injury to rights to Colorado 

20 River water, arising after the enforceability 

21 date for Hualapai land, resulting from the 

22 off-Reservation diversion or use of water in 

23 a manner not in violation of the Hualapai 

24 Tribe water rights settlement agreement or 

25 State law; and 


ethrower on DSK3G9T082PROD with BILLS
50 

•HR 4723 IH

1 (vii) past, present, and future claims 

2 arising out of, or relating in any manner 

3 to, the negotiation, execution, or adoption 

4 of the Hualapai Tribe water rights settle5 ment agreement, any judgment or decree 

6 approving or incorporating the Hualapai 

7 Tribe water rights settlement agreement, 

8 or this Act. 

9 (B) EFFECTIVE DATE.—The waiver and 

10 release of claims described in subparagraph (A) 

11 shall take effect on the enforceability date. 

12 (C) RETENTION OF CLAIMS.—Notwith13 standing the waiver and release of claims de14 scribed in subparagraph (A), the Hualapai 

15 Tribe and the members of the Hualapai Tribe 

16 (but not members in the capacity of the mem17 bers as allottees) shall retain any right— 

18 (i) subject to subparagraph 12.7 of 

19 the Hualapai Tribe water rights settlement 

20 agreement, to assert claims for injuries to, 

21 and seek enforcement of, the rights of the 

22 Tribe under the Hualapai Tribe water 

23 rights settlement agreement or this Act in 

24 any Federal or State court of competent 

25 jurisdiction; 


ethrower on DSK3G9T082PROD with BILLS
51 

•HR 4723 IH

1 (ii) to assert claims for injuries to, 

2 and seek enforcement of, the rights of the 

3 Hualapai Tribe under any judgment or de4 cree approving or incorporating the 

5 Hualapai Tribe water rights settlement 

6 agreement; 

7 (iii) to assert claims for water rights 

8 based on State law for land owned or ac9 quired by the Hualapai Tribe in fee, under 

10 subparagraph 4.8 of the Hualapai Tribe 

11 water rights settlement agreement; 

12 (iv) to object to any claims for water 

13 rights or injury to water rights by or for 

14 any Indian tribe or the United States, act15 ing on behalf of any Indian tribe; 

16 (v) to assert past, present, or future 

17 claims for injury to water rights against 

18 any Indian tribe or the United States, act19 ing on behalf of any Indian tribe; 

20 (vi) to assert claims for injuries to, 

21 and seek enforcement of, the rights of the 

22 Hualapai Tribe under the Bill Williams 

23 agreements or the Bill Williams Act in any 

24 Federal or State court of competent juris25 diction; and 


ethrower on DSK3G9T082PROD with BILLS
52 

•HR 4723 IH

1 (vii) subject to paragraphs (1), (3), 

2 (4), and (5) of section 5(e), to assert the 

3 rights of the Hualapai Tribe under any 

4 Colorado River water entitlement pur5 chased by or donated to the Hualapai 

6 Tribe. 

7 (b) WAIVERS AND RELEASES OF CLAIMS BY UNITED

8 STATES, ACTING AS TRUSTEE FOR ALLOTTEES.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (3), the United States, acting as trustee for 

11 the allottees of the Hualapai Tribe, as part of the 

12 performance of the obligations of the United States 

13 under the Hualapai Tribe water rights settlement 

14 agreement and this Act, is authorized to execute a 

15 waiver and release of any claims against the State 

16 (or any agency or political subdivision of the State), 

17 the Hualapai Tribe, and any other individual, entity, 

18 corporation, or municipal corporation under Federal, 

19 State, or other law, for all— 

20 (A) past, present, and future claims for 

21 water rights, including rights to Colorado River 

22 water, for the allotments, arising from time im23 memorial and, thereafter, forever; 

24 (B) past, present, and future claims for 

25 water rights, including rights to Colorado River 


ethrower on DSK3G9T082PROD with BILLS
53 

•HR 4723 IH

1 water, arising from time immemorial and, 

2 thereafter, forever, that are based on the ab3 original occupancy of land by the allottees or 

4 predecessors of the allottees; 

5 (C) past and present claims for injury to 

6 water rights, including injury to rights to Colo7 rado River water, for the allotments, arising 

8 from time immemorial through the enforce9 ability date; 

10 (D) past, present, and future claims for in11 jury to water rights, if any, including injury to 

12 rights to Colorado River water, arising from 

13 time immemorial and, thereafter, forever, that 

14 are based on the aboriginal occupancy of land 

15 by the allottees or predecessors of the allottees; 

16 (E) claims for injury to water rights, in17 cluding injury to rights to Colorado River 

18 water, arising after the enforceability date, for 

19 the allotments, resulting from the off-Reserva20 tion diversion or use of water in a manner not 

21 in violation of the Hualapai Tribe water rights 

22 settlement agreement or State law; 

23 (F) past, present, and future claims aris24 ing out of, or relating in any manner to, the ne25 gotiation, execution, or adoption of the 


ethrower on DSK3G9T082PROD with BILLS
54 

•HR 4723 IH

1 Hualapai Tribe water rights settlement agree2 ment, any judgment or decree approving or in3 corporating the Hualapai Tribe water rights 

4 settlement agreement, or this Act; and 

5 (G) claims for any water rights of the 

6 allottees or the United States acting as trustee 

7 for the allottees with respect to— 

8 (i) Parcel 1, in excess of 82 AFY; or 

9 (ii) Parcel 2, in excess of 312 AFY. 

10 (2) EFFECTIVE DATE.—The waiver and release 

11 of claims under subparagraph (A) shall take effect 

12 on the enforceability date. 

13 (3) RETENTION OF CLAIMS.—Notwithstanding 

14 the waiver and release of claims described in para15 graph (1), the United States, acting as trustee for 

16 the allottees of the Hualapai Tribe, shall retain any 

17 right— 

18 (A) subject to subparagraph 12.7 of the 

19 Hualapai Tribe water rights settlement agree20 ment, to assert claims for injuries to, and seek 

21 enforcement of, the rights of the allottees, if 

22 any, under the Hualapai Tribe water rights set23 tlement agreement or this Act in any Federal or 

24 State court of competent jurisdiction; 


ethrower on DSK3G9T082PROD with BILLS
55 

•HR 4723 IH

1 (B) to assert claims for injuries to, and 

2 seek enforcement of, the rights of the allottees 

3 under any judgment or decree approving or in4 corporating the Hualapai Tribe water rights 

5 settlement agreement; 

6 (C) to object to any claims for water rights 

7 or injury to water rights by or for— 

8 (i) any Indian tribe other than the 

9 Hualapai Tribe; or 

10 (ii) the United States, acting on be11 half of any Indian tribe other than the 

12 Hualapai tribe; 

13 (D) to assert past, present, or future 

14 claims for injury to water rights against— 

15 (i) any Indian tribe other than the 

16 Hualapai Tribe; or 

17 (ii) the United States, acting on be18 half of any Indian tribe other than the 

19 Hualapai tribe; and 

20 (E) to assert claims for injuries to, and 

21 seek enforcement of, the rights of the allottees 

22 under the Bill Williams agreements or the Bill 

23 Williams Act in any Federal or State court of 

24 competent jurisdiction. 


ethrower on DSK3G9T082PROD with BILLS
56 

•HR 4723 IH

1 (c) WAIVER AND RELEASE OF CLAIMS BY UNITED

2 STATES AGAINST HUALAPAI TRIBE.— 

3 (1) IN GENERAL.—Except as provided in para4 graph (3), the United States, in all capacities (ex5 cept as trustee for an Indian tribe other than the 

6 Hualapai Tribe), as part of the performance of the 

7 obligations of the United States under the Hualapai 

8 Tribe water rights settlement agreement and this 

9 Act, is authorized to execute a waiver and release of 

10 all claims against the Hualapai Tribe, the members 

11 of the Hualapai Tribe, or any agency, official, or 

12 employee of the Hualapai Tribe, under Federal, 

13 State or any other law for all— 

14 (A) past and present claims for injury to 

15 water rights, including injury to rights to Colo16 rado River water, resulting from the diversion 

17 or use of water on Hualapai land arising from 

18 time immemorial through the enforceability 

19 date; 

20 (B) claims for injury to water rights, in21 cluding injury to rights to Colorado River 

22 water, arising after the enforceability date, re23 sulting from the diversion or use of water on 

24 Hualapai land in a manner that is not in violaVerDate Sep 11 2014 16:24 Dec 23, 2017 Jkt 079200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H4723.IH H4723

ethrower on DSK3G9T082PROD with BILLS
57 

•HR 4723 IH

1 tion of the Hualapai Tribe water rights settle2 ment agreement or State law; and 

3 (C) past, present, and future claims aris4 ing out of, or related in any manner to, the ne5 gotiation, execution, or adoption of the 

6 Hualapai Tribe water rights settlement agree7 ment, any judgment or decree approving or in8 corporating the Hualapai Tribe water rights 

9 settlement agreement, or this Act. 

10 (2) EFFECTIVE DATE.—The waiver and release 

11 of claims described in paragraph (1) shall take effect 

12 on the enforceability date. 

13 (3) RETENTION OF CLAIMS.—Notwithstanding 

14 the waiver and release of claims described in para15 graph (1), the United States shall retain any right 

16 to assert any claim not expressly waived in accord17 ance with paragraph (1), including any right to as18 sert a claim for injury to, and seek enforcement of, 

19 any right of the United States under the Bill Wil20 liams agreements or the Bill Williams Act, in any 

21 Federal or State court of competent jurisdiction. 

22 (d) BILL WILLIAMS RIVER PHASE 2 WATER RIGHTS

23 SETTLEMENT AGREEMENT WAIVER, RELEASE, AND RE24 TENTION OF CLAIMS.— 

25 (1) CLAIMS AGAINST FREEPORT.— 


ethrower on DSK3G9T082PROD with BILLS
58 

•HR 4723 IH

1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (C), the United States, acting 

3 solely on behalf of the Department of the Inte4 rior (including the Bureau of Land Manage5 ment and the United States Fish and Wildlife 

6 Service), as part of the performance of the obli7 gations of the United States under the Bill Wil8 liams River phase 2 water rights settlement 

9 agreement, is authorized to execute a waiver 

10 and release of all claims of the United States 

11 against Freeport under Federal, State, or any 

12 other law for— 

13 (i) any past or present claim for in14 jury to water rights resulting from— 

15 (I) the diversion or use of water 

16 by Freeport pursuant to the water 

17 rights described in Exhibit 4.1(ii) to 

18 the Bill Williams River phase 2 water 

19 rights settlement agreement; and 

20 (II) any other diversion or use of 

21 water for mining purposes authorized 

22 by the Bill Williams River phase 2 

23 water rights settlement agreement; 


ethrower on DSK3G9T082PROD with BILLS
59 

•HR 4723 IH

1 (ii) any claim for injury to water 

2 rights arising after the enforceability date 

3 described in section 12(d) resulting from— 

4 (I) the diversion or use of water 

5 by Freeport pursuant to the water 

6 rights described in Exhibit 4.1(ii) to 

7 the Bill Williams River phase 2 water 

8 rights settlement agreement in a man9 ner not in violation of the Bill Wil10 liams River phase 2 water rights set11 tlement agreement; 

12 (II) the diversion of up to 2,500 

13 AFY of water by Freeport from Syca14 more Creek as permitted by section 

15 4.3(iv) of the Bill Williams River 

16 phase 2 water rights settlement agree17 ment; and 

18 (III) any other diversion or use 

19 of water by Freeport authorized by 

20 the Bill Williams River phase 2 water 

21 rights settlement agreement, subject 

22 to the condition that such a diversion 

23 and use of water is conducted in a 

24 manner not in violation of the Bill 


ethrower on DSK3G9T082PROD with BILLS
60 

•HR 4723 IH

1 Williams River phase 2 water rights 

2 settlement agreement; and 

3 (iii) any past, present, or future claim 

4 arising out of, or relating in any manner 

5 to, the negotiation or execution of the Bill 

6 Williams River phase 2 water rights settle7 ment agreement, the Hualapai Tribe water 

8 rights settlement agreement, or this Act. 

9 (B) EFFECTIVE DATE.—The waiver and 

10 release of claims under subparagraph (A) shall 

11 take effect on the enforceability date described 

12 in section 12(d). 

13 (C) RETENTION OF CLAIMS.—The United 

14 States shall retain all rights not expressly 

15 waived in the waiver and release of claims 

16 under subparagraph (A), including, subject to 

17 section 6.4 of the Bill Williams River phase 2 

18 water rights settlement agreement, the right to 

19 assert a claim for injury to, and seek enforce20 ment of, the Bill Williams River phase 2 water 

21 rights settlement agreement or this Act, in any 

22 Federal or State court of competent jurisdiction 

23 (but not a tribal court). 

24 (2) NO PRECEDENTIAL EFFECT.— 


ethrower on DSK3G9T082PROD with BILLS
61 

•HR 4723 IH

1 (A) PENDING AND FUTURE PRO2 CEEDINGS.—The Bill Williams River phase 2 

3 water rights settlement agreement shall have no 

4 precedential effect in any other administrative 

5 or judicial proceeding, including— 

6 (i) any pending or future general 

7 stream adjudication, or any other litigation 

8 involving Freeport or the United States, 

9 including any proceeding to establish or 

10 quantify a Federal reserved water right; 

11 (ii) any pending or future administra12 tive or judicial proceeding relating to an 

13 application— 

14 (I) to appropriate water (for 

15 instream flow or other purposes); 

16 (II) to sever and transfer a water 

17 right; 

18 (III) to change a point of diver19 sion; or 

20 (IV) to change a place of use for 

21 any water right; or 

22 (iii) any proceeding regarding water 

23 rights or a claim relating to any Federal 

24 land. 


ethrower on DSK3G9T082PROD with BILLS
62 

•HR 4723 IH

1 (B) NO METHODOLOGY OR STANDARD.— 

2 Nothing in the Bill Williams phase 2 water 

3 rights settlement agreement establishes any 

4 standard or methodology to be used for the 

5 quantification of any claim to water rights 

6 (whether based on Federal or State law) in any 

7 judicial or administrative proceeding, other than 

8 a proceeding to enforce the terms of the Bill 

9 Williams River phase 2 water rights settlement 

10 agreement. 

11 SEC. 8. SATISFACTION OF WATER RIGHTS AND OTHER BEN12 EFITS. 

13 (a) HUALAPAI TRIBE AND MEMBERS.— 

14 (1) IN GENERAL.—The benefits realized by the 

15 Hualapai Tribe and the members of the Hualapai 

16 Tribe (but not members in the capacity of the mem17 bers as allottees) under the Hualapai Tribe water 

18 rights settlement agreement, this Act, the Bill Wil19 liams agreements, and the Bill Williams Act shall be 

20 in full satisfaction of all claims of the Hualapai 

21 Tribe, the members of the Hualapai Tribe, and the 

22 United States, acting in the capacity of the United 

23 States as trustee for the Hualapai Tribe and the 

24 members of the Hualapai Tribe, for water rights and 


ethrower on DSK3G9T082PROD with BILLS
63 

•HR 4723 IH

1 injury to water rights under Federal, State, or other 

2 law with respect to Hualapai land. 

3 (2) SATISFACTION.—Any entitlement to water 

4 of the Hualapai Tribe and the members of the 

5 Hualapai Tribe (but not members in the capacity of 

6 the members as allottees) or the United States, act7 ing in the capacity of the United States as trustee 

8 for the Hualapai Tribe and the members of the 

9 Hualapai Tribe, for Hualapai land shall be satisfied 

10 out of the water resources and other benefits grant11 ed, confirmed, quantified, or recognized by the 

12 Hualapai Tribe water rights settlement agreement, 

13 this Act, the Bill Williams agreements, and the Bill 

14 Williams Act to or for the Hualapai Tribe, the mem15 bers of the Hualapai Tribe, and the United States, 

16 acting in the capacity of the United States as trust17 ee for the Hualapai Tribe and the members of the 

18 Hualapai Tribe. 

19 (b) ALLOTTEE WATER CLAIMS.— 

20 (1) IN GENERAL.—The benefits realized by the 

21 allottees of the Hualapai Tribe under the Hualapai 

22 Tribe water rights settlement agreement, this Act, 

23 the Bill Williams agreements, and the Bill Williams 

24 Act shall be in complete replacement of and substi25 tution for, and full satisfaction of, all claims with reVerDate Sep 11 2014 16:24 Dec 23, 2017 Jkt 079200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H4723.IH H4723

ethrower on DSK3G9T082PROD with BILLS
64 

•HR 4723 IH

1 spect to allotments of the allottees and the United 

2 States, acting in the capacity of the United States 

3 as trustee for the allottees, for water rights and in4 jury to water rights under Federal, State, or other 

5 law. 

6 (2) SATISFACTION.—Any entitlement to water 

7 of the allottees or the United States, acting in the 

8 capacity of the United States as trustee for the 

9 allottees, for allotments shall be satisfied out of the 

10 water resources and other benefits granted, con11 firmed or recognized by the Hualapai Tribe water 

12 rights settlement agreement, this Act, the Bill Wil13 liams agreements, and the Bill Williams Act to or 

14 for the allottees and the United States, acting as 

15 trustee for the allottees. 

16 (c) EFFECT.—Notwithstanding subsections (a) and 

17 (b), nothing in this Act or the Hualapai Tribe water rights 

18 settlement agreement— 

19 (1) recognizes or establishes any right of a 

20 member of the Hualapai Tribe or an allottee to 

21 water on Hualapai land; or 

22 (2) prohibits the Hualapai Tribe or an allottee 

23 from acquiring additional water rights by purchase 

24 of land, credits, or water rights. 


ethrower on DSK3G9T082PROD with BILLS
65 

•HR 4723 IH

1 SEC. 9. LAND ADDED TO HUALAPAI RESERVATION. 

2 In accordance with section 2 of the Act of May 25, 

3 1918 (40 Stat. 570, chapter 86; 25 U.S.C. 211), the fol4 lowing land in the State is added to the Hualapai Reserva5 tion: 

6 (1) The land held in trust by the United States 

7 for the Hualapai Tribe by the first section of Public 

8 Law 93–560 (88 Stat. 1820). 

9 (2) The land deeded to the United States in the 

10 capacity of the United States as trustee for the 

11 Hualapai Tribe pursuant to the 1947 judgment. 

12 SEC. 10. TRUST LAND. 

13 (a) NEW TRUST LAND.—Beginning on the date of 

14 enactment of this Act, the Secretary shall accept the con15 veyance of, and hold in trust for the benefit of the 

16 Hualapai Tribe, the following parcels of land owned in fee 

17 as of that date of enactment by the Hualapai Tribe: 

18 (1) CHOLLA CANYON RANCH PARCELS.—In T. 

19 16 N., R. 13 W., Gila and Salt River Base and Me20 ridian, Mohave County, Arizona— 

(A) SW1 21 ⁄4 sec. 25; and 

(B) NE1⁄4 and NE1⁄4SE1 22 ⁄4 sec. 35. 

23 (2) TRUXTON TRIANGLE.—That portion of the 

S1 24 ⁄2 sec. 3, lying south of the south boundary of the 

25 Hualapai Reservation and north of the north right26 of-way boundary of Arizona Highway 66, and 


ethrower on DSK3G9T082PROD with BILLS
66 

•HR 4723 IH

1 bounded by the west section line of that sec. 3 and 

2 the south section line of that sec. 3, T. 24 N., R. 

3 12 W., Gila and Salt River Base and Meridian, Mo4 have County, Arizona. 

(3) HUNT PARCEL 4.—SW1⁄4NE1 5 ⁄4 sec. 7, T. 

6 25 N., R. 13 W., Gila and Salt River Base and Me7 ridian, Mohave County, Arizona. 

8 (4) HUNT PARCELS 1 AND 2.—In T. 26 N., R. 

9 14 W., Gila and Salt River Base and Meridian, Mo10 have County, Arizona— 

(A) NE1⁄4SW1 11 ⁄4 sec. 9; and 

(B) NW1⁄4SE 1 12 ⁄4 sec. 27. 

(5) HUNT PARCEL 3.—SW1⁄4NE1 13 ⁄4 sec. 25, T. 

14 27 N., R. 15 W., Gila and Salt River Base and Me15 ridian, Mohave County, Arizona. 

16 (b) FUTURE TRUST LAND.— 

17 (1) NEW STATUTORY REQUIREMENT.—Effective 

18 beginning on the date of enactment of this Act, any 

19 land located in the State outside the exterior bound20 aries of the Hualapai Reservation may only be taken 

21 into trust by the United States for the benefit of the 

22 Hualapai Tribe by an Act of Congress— 

23 (A) that specifically authorizes the transfer 

24 of the land for the benefit of the Hualapai 

25 Tribe; and 


ethrower on DSK3G9T082PROD with BILLS
67 

•HR 4723 IH

1 (B) the date of enactment of which is after 

2 the date of enactment of this Act. 

3 (2) WATER RIGHTS.—Any land taken into trust 

4 for the benefit of the Hualapai Tribe under para5 graph (1)— 

6 (A) shall include water rights only under 

7 State law; and 

8 (B) shall not include any federally reserved 

9 water rights. 

10 SEC. 11. REALLOCATION OF CAP NIA PRIORITY WATER; 

11 FIRMING; WATER DELIVERY CONTRACT; COL12 ORADO RIVER ACCOUNTING. 

13 (a) REALLOCATION TO THE HUALAPAI TRIBE.—On 

14 the enforceability date, the Secretary shall reallocate to 

15 the Hualapai Tribe the Hualapai Tribe CAP water. 

16 (b) FIRMING.— 

17 (1) HUALAPAI TRIBE CAP WATER.—Except as 

18 provided in subsection (c)(2)(H), the Hualapai Tribe 

19 CAP water shall be firmed as follows: 

20 (A) In accordance with section 6(b)(1)(B) 

21 of the Arizona Water Settlements Act (Public 

22 Law 108–451; 118 Stat. 3492), for the 100- 

23 year period beginning on January 1, 2008, the 

24 Secretary shall firm 557.50 AFY of the 


ethrower on DSK3G9T082PROD with BILLS
68 

•HR 4723 IH

1 Hualapai Tribe CAP water to the equivalent of 

2 CAP M&I priority water. 

3 (B) In accordance with section 6(b)(2)(B) 

4 of the Arizona Water Settlements Act (Public 

5 Law 108–451; 118 Stat. 3492), for the 100- 

6 year period beginning on January 1, 2008, the 

7 State shall firm 557.50 AFY of the Hualapai 

8 Tribe CAP water to the equivalent of CAP M&I 

9 priority water. 

10 (2) ADDITIONAL FIRMING.—The Hualapai 

11 Tribe may, at the expense of the Hualapai Tribe, 

12 take additional actions to firm or supplement the 

13 Hualapai Tribe CAP water, including by entering 

14 into agreements for that purpose with the Central 

15 Arizona Water Conservation District, the Arizona 

16 Water Banking Authority, or any other lawful au17 thority, in accordance with State law. 

18 (c) HUALAPAI TRIBE WATER DELIVERY CON19 TRACT.— 

20 (1) IN GENERAL.—In accordance with the 

21 Hualapai Tribe water rights settlement agreement 

22 and the requirements described in paragraph (2), 

23 the Secretary shall enter into the Hualapai Tribe 

24 water delivery contract. 


ethrower on DSK3G9T082PROD with BILLS
69 

•HR 4723 IH

1 (2) REQUIREMENTS.—The requirements re2 ferred to in paragraph (1) are the following: 

3 (A) IN GENERAL.—The Hualapai Tribe 

4 water delivery contract shall— 

5 (i) be for permanent service (as that 

6 term is used in section 5 of the Boulder 

7 Canyon Project Act (43 U.S.C. 617d)); 

8 (ii) take effect on the enforceability 

9 date; and 

10 (iii) be without limit as to term. 

11 (B) HUALAPAI TRIBE CAP WATER.— 

12 (i) IN GENERAL.—The Hualapai 

13 Tribe CAP water may be delivered for use 

14 in the lower basin in Arizona through— 

15 (I) the Hualapai Water Project; 

16 or 

17 (II) the CAP system. 

18 (ii) METHOD OF DELIVERY.—The 

19 Secretary shall authorize the delivery of 

20 Hualapai Tribe CAP water under this 

21 clause to be effected by the diversion and 

22 use of water directly from the Colorado 

23 River in Arizona. 

24 (C) CONTRACTUAL DELIVERY.—The Sec25 retary shall deliver the Hualapai Tribe CAP 


ethrower on DSK3G9T082PROD with BILLS
70 

•HR 4723 IH

1 water to the Hualapai Tribe in accordance with 

2 the terms and conditions of the Hualapai Tribe 

3 water delivery contract. 

4 (D) DISTRIBUTION OF CAP NIA PRIORITY

5 WATER.— 

6 (i) IN GENERAL.—Except as provided 

7 in clause (ii), if, for any year, the available 

8 CAP supply is insufficient to meet all de9 mands under CAP contracts and CAP sub10 contracts for the delivery of CAP NIA pri11 ority water, the Secretary and the CAP op12 erating agency shall prorate the available 

13 CAP NIA priority water among the CAP 

14 contractors and CAP subcontractors hold15 ing contractual entitlements to CAP NIA 

16 priority water on the basis of the quantity 

17 of CAP NIA priority water used by each 

18 such CAP contractor and CAP subcon19 tractor in the last year in which the avail20 able CAP supply was sufficient to fill all 

21 orders for CAP NIA priority water. 

22 (ii) EXCEPTION.— 

23 (I) IN GENERAL.—Notwith24 standing clause (i), if the available 

25 CAP supply is insufficient to meet all 


ethrower on DSK3G9T082PROD with BILLS
71 

•HR 4723 IH

1 demands under CAP contracts and 

2 CAP subcontracts for the delivery of 

3 CAP NIA priority water in the year 

4 following the year in which the en5 forceability date occurs, the Secretary 

6 shall assume that the Hualapai Tribe 

7 used the full volume of Hualapai 

8 Tribe CAP water in the last year in 

9 which the available CAP supply was 

10 sufficient to fill all orders for CAP 

11 NIA priority water. 

12 (II) CONTINUATION.—The as13 sumption described in subclause (I) 

14 shall continue until the available CAP 

15 supply is sufficient to meet all de16 mands under CAP contracts and CAP 

17 subcontracts for the delivery of CAP 

18 NIA priority water. 

19 (III) DETERMINATION.—The 

20 Secretary shall determine the quantity 

21 of CAP NIA priority water used by 

22 the Gila River Indian Community and 

23 the Tohono O’odham Nation in the 

24 last year in which the available CAP 

25 supply was sufficient to fill all orders 


ethrower on DSK3G9T082PROD with BILLS
72 

•HR 4723 IH

1 for CAP NIA priority water in a man2 ner consistent with the settlement 

3 agreements with those tribes. 

4 (E) LEASES AND EXCHANGES OF

5 HUALAPAI TRIBE CAP WATER.—On and after 

6 the date on which the Hualapai Tribe water de7 livery contract becomes effective, the Hualapai 

8 Tribe may, with the approval of the Secretary, 

9 enter into contracts or options to lease, or con10 tracts or options to exchange, the Hualapai 

11 Tribe CAP water within the lower basin in Ari12 zona, providing for the temporary delivery to 

13 other persons of any portion of Hualapai Tribe 

14 CAP water. 

15 (F) TERM OF LEASES AND EXCHANGES.— 

16 (i) LEASING.—Contracts to lease and 

17 options to lease under subparagraph (E) 

18 shall be for a term of not more than 100 

19 years. 

20 (ii) EXCHANGING.—Contracts to ex21 change and options to exchange under sub22 paragraph (E) shall be for the term pro23 vided for in the contract or option, as ap24 plicable. 


ethrower on DSK3G9T082PROD with BILLS
73 

•HR 4723 IH

1 (iii) RENEGOTIATION.—The Hualapai 

2 Tribe may, with the approval of the Sec3 retary, renegotiate any lease described in 

4 subparagraph (E), at any time during the 

5 term of the lease, if the term of the re6 negotiated lease does not exceed 100 years. 

7 (G) PROHIBITION ON PERMANENT ALIEN8 ATION.—No Hualapai Tribe CAP water may be 

9 permanently alienated. 

10 (H) NO FIRMING OF LEASED WATER.— 

11 The firming obligations described in subsection 

12 (b)(1) shall not apply to any Hualapai Tribe 

13 CAP water leased by the Hualapai Tribe to an14 other person. 

15 (I) ENTITLEMENT TO LEASE AND EX16 CHANGE FUNDS; OBLIGATIONS OF UNITED

17 STATES.— 

18 (i) ENTITLEMENT.— 

19 (I) IN GENERAL.—The Hualapai 

20 Tribe shall be entitled to all consider21 ation due to the Hualapai Tribe under 

22 any contract to lease, option to lease, 

23 contract to exchange, or option to ex24 change the Hualapai Tribe CAP water 

25 entered into by the Hualapai Tribe. 


ethrower on DSK3G9T082PROD with BILLS
74 

•HR 4723 IH

1 (II) EXCLUSION.—The United 

2 States shall not, in any capacity, be 

3 entitled to the consideration described 

4 in subclause (I). 

5 (ii) OBLIGATIONS OF UNITED

6 STATES.—The United States shall not, in 

7 any capacity, have any trust or other obli8 gation to monitor, administer, or account 

9 for, in any manner, any funds received by 

10 the Hualapai Tribe as consideration under 

11 any contract to lease, option to lease, con12 tract exchange, or option to exchange the 

13 Hualapai Tribe CAP water entered into by 

14 the Hualapai Tribe, except in a case in 

15 which the Hualapai Tribe deposits the pro16 ceeds of any lease, option to lease, ex17 change, or option to exchange into an ac18 count held in trust for the Hualapai Tribe 

19 by the United States. 

20 (J) WATER USE AND STORAGE.— 

21 (i) IN GENERAL.—The Hualapai 

22 Tribe may use the Hualapai Tribe CAP 

23 water on or off the Hualapai Reservation 

24 within the lower basin in Arizona for any 

25 purpose. 


ethrower on DSK3G9T082PROD with BILLS
75 

•HR 4723 IH

1 (ii) STORAGE.—The Hualapai Tribe, 

2 in accordance with State law, may store 

3 the Hualapai Tribe CAP water at one or 

4 more underground storage facilities or 

5 groundwater savings facilities, subject to 

6 the condition that, if the Hualapai Tribe 

7 stores Hualapai Tribe CAP water that has 

8 been firmed pursuant to subsection (b)(1), 

9 the stored water may only be— 

10 (I) used by the Hualapai Tribe; 

11 or 

12 (II) exchanged by the Hualapai 

13 Tribe for water that will be used by 

14 the Hualapai Tribe. 

15 (iii) ASSIGNMENT.—The Hualapai 

16 Tribe, in accordance with State law, may 

17 assign any long-term storage credit ac18 crued as a result of storage described in 

19 clause (ii), subject to the condition that the 

20 Hualapai Tribe shall not assign any long21 term storage credit accrued as a result of 

22 the storage of Hualapai Tribe CAP water 

23 that has been firmed pursuant to sub24 section (b)(1). 


ethrower on DSK3G9T082PROD with BILLS
76 

•HR 4723 IH

1 (K) USE OUTSIDE STATE.—The Hualapai 

2 Tribe may not use, lease, exchange, forbear, or 

3 otherwise transfer any Hualapai Tribe CAP 

4 water for use directly or indirectly outside of 

5 the lower basin in Arizona. 

6 (L) CAP FIXED OM&R CHARGES.— 

7 (i) IN GENERAL.—The CAP operating 

8 agency shall be paid the CAP fixed OM&R 

9 charges associated with the delivery of all 

10 the Hualapai Tribe CAP water. 

11 (ii) PAYMENT OF CHARGES.—Except 

12 as provided in subparagraph (O), all CAP 

13 fixed OM&R charges associated with the 

14 delivery of the Hualapai Tribe CAP water 

15 to the Hualapai Tribe shall be paid by— 

16 (I) the Secretary, pursuant to 

17 section 403(f)(2)(A) of the Colorado 

18 River Basin Project Act (43 U.S.C. 

19 1543(f)(2)(A)), subject to the condi20 tion that funds for that payment are 

21 available in the Lower Colorado River 

22 Basin Development Fund; and 

23 (II) if the funds described in sub24 clause (I) become unavailable, the 

25 Hualapai Tribe. 


ethrower on DSK3G9T082PROD with BILLS
77 

•HR 4723 IH

1 (M) CAP PUMPING ENERGY CHARGES.— 

2 (i) IN GENERAL.—The CAP operating 

3 agency shall be paid the CAP pumping en4 ergy charges associated with the delivery of 

5 all the Hualapai Tribe CAP water only in 

6 cases in which the CAP system is used for 

7 the delivery of that water. 

8 (ii) PAYMENT OF CHARGES.—Except 

9 for CAP Water not delivered through the 

10 CAP System, which does not incur a CAP 

11 pumping energy charge, or water delivered 

12 to other persons as described in subpara13 graph (O), any applicable CAP pumping 

14 energy charges associated with the delivery 

15 of the Hualapai Tribe CAP water shall be 

16 paid by the Hualapai Tribe. 

17 (N) WAIVER OF PROPERTY TAX EQUIVA18 LENCY PAYMENTS.—No property tax or in-lieu 

19 property tax equivalency shall be due or payable 

20 by the Hualapai Tribe for the delivery of CAP 

21 water or for the storage of CAP water in an un22 derground storage facility or groundwater sav23 ings facility. 

24 (O) LESSEE RESPONSIBILITY FOR

25 CHARGES.— 


ethrower on DSK3G9T082PROD with BILLS
78 

•HR 4723 IH

1 (i) IN GENERAL.—Any lease or option 

2 to lease providing for the temporary deliv3 ery to other persons of any Hualapai Tribe 

4 CAP water shall require the lessee to pay 

5 the CAP operating agency all CAP fixed 

6 OM&R charges and all CAP pumping en7 ergy charges associated with the delivery of 

8 the leased water. 

9 (ii) NO RESPONSIBILITY FOR PAY10 MENT.—Neither the Hualapai Tribe nor 

11 the United States in any capacity shall be 

12 responsible for the payment of any charges 

13 associated with the delivery of the 

14 Hualapai Tribe CAP water leased to other 

15 persons. 

16 (P) ADVANCE PAYMENT.—No Hualapai 

17 Tribe CAP water shall be delivered unless the 

18 CAP fixed OM&R charges and any applicable 

19 CAP pumping energy charges associated with 

20 the delivery of that water have been paid in ad21 vance. 

22 (Q) CALCULATION.—The charges for deliv23 ery of the Hualapai Tribe CAP water pursuant 

24 to the Hualapai Tribe water delivery contract 


ethrower on DSK3G9T082PROD with BILLS
79 

•HR 4723 IH

1 shall be calculated in accordance with the CAP 

2 repayment stipulation. 

3 (R) CAP REPAYMENT.—For purposes of 

4 determining the allocation and repayment of 

5 costs of any stages of the CAP system con6 structed after November 21, 2007, the costs as7 sociated with the delivery of the Hualapai Tribe 

8 CAP water, regardless of whether the Hualapai 

9 Tribe CAP water is delivered for use by the 

10 Hualapai Tribe or in accordance with any lease, 

11 option to lease, exchange, or option to exchange 

12 providing for the delivery to other persons of 

13 the Hualapai Tribe CAP water, shall be— 

14 (i) nonreimbursable; and 

15 (ii) excluded from the repayment obli16 gation of the Central Arizona Water Con17 servation District. 

18 (S) NONREIMBURSABLE CAP CONSTRUC19 TION COSTS.— 

20 (i) IN GENERAL.—With respect to the 

21 costs associated with the construction of 

22 the CAP system allocable to the Hualapai 

23 Tribe— 

24 (I) the costs shall be nonreim25 bursable; and 


ethrower on DSK3G9T082PROD with BILLS
80 

•HR 4723 IH

1 (II) the Hualapai Tribe shall 

2 have no repayment obligation for the 

3 costs. 

4 (ii) CAPITAL CHARGES.—No CAP 

5 water service capital charges shall be due 

6 or payable for the Hualapai Tribe CAP 

7 water, regardless of whether the water— 

8 (I) is delivered for use by the 

9 Hualapai Tribe; or 

10 (II) is delivered under any lease, 

11 option to lease, exchange, or option to 

12 exchange the Hualapai Tribe CAP 

13 water entered into by the Hualapai 

14 Tribe. 

15 (d) COLORADO RIVER ACCOUNTING.—All Hualapai 

16 Tribe CAP water diverted directly from the Colorado 

17 River shall be accounted for as deliveries of CAP water 

18 within the State. 

19 SEC. 12. ENFORCEABILITY DATE. 

20 (a) IN GENERAL.—Except as provided in subsection 

21 (d), the Hualapai Tribe water rights settlement agree22 ment, including the waivers and releases of claims de23 scribed in section 7, shall take effect and be fully enforce24 able, and construction of the Hualapai Water Project may 


ethrower on DSK3G9T082PROD with BILLS
81 

•HR 4723 IH

1 begin, on the date on which the Secretary publishes in the 

2 Federal Register a statement of findings that— 

3 (1) to the extent that the Hualapai Tribe water 

4 rights settlement agreement conflicts with this Act— 

5 (A) the Hualapai Tribe water rights settle6 ment agreement has been revised through an 

7 amendment to eliminate the conflict; and 

8 (B) the revised Hualapai Tribe water 

9 rights settlement agreement, including any ex10 hibit to that agreement requiring execution by 

11 any party to the agreement, has been executed 

12 by the required party; 

13 (2) the waivers and releases of claims described 

14 in section 7 have been executed by the Hualapai 

15 Tribe and the United States; 

16 (3) the abstracts referenced in subparagraphs 

17 4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe 

18 water rights settlement agreement have been com19 pleted by the Hualapai Tribe; 

20 (4) the full amount described in section 

21 6(b)(6)(A), as adjusted by section 6(b)(6)(B), has 

22 been deposited in the Hualapai Water Project Ac23 count; 

24 (5) the full amount described in section 

25 6(c)(4)(A), as adjusted by section 6(c)(4)(B), has 


ethrower on DSK3G9T082PROD with BILLS
82 

•HR 4723 IH

1 been deposited in the Hualapai OM&R Trust Ac2 count; 

3 (6) the full amounts described in paragraphs 

4 (5)(B)(i) and (7)(B)(i) of section 6(a) have been ap5 propriated; 

6 (7) the Gila River adjudication decree has been 

7 approved by the Gila River adjudication court sub8 stantially in the form of the judgment and decree at9 tached to the Hualapai Tribe water rights settlement 

10 agreement as exhibit 3.1.43; 

11 (8) the Secretary has executed the Hualapai 

12 Tribe water delivery contract described in section 

13 11(c); and 

14 (9) the Secretary has issued a final Record of 

15 Decision approving the construction of the Hualapai 

16 Water Project in a configuration substantially as de17 scribed in section 6. 

18 (b) REPEAL ON FAILURE TO MEET ENFORCE19 ABILITY DATE.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), if the Secretary fails to publish in the 

22 Federal Register a statement of findings under sub23 section (a) by October 15, 2027— 

24 (A) this Act is repealed; and 


ethrower on DSK3G9T082PROD with BILLS
83 

•HR 4723 IH

1 (B)(i) any action taken by the Secretary 

2 and any contract or agreement entered into 

3 pursuant to this Act shall be void; and 

4 (ii) any amounts appropriated under sec5 tion 6, together with any investment earnings 

6 on those amounts, less any amounts expended 

7 under section 6(a)(9)(B), shall revert imme8 diately to the general fund of the Treasury. 

9 (2) SEVERABILITY.—Notwithstanding para10 graph (1), if the Secretary fails to publish in the 

11 Federal Register a statement of findings under sub12 section (a) by October 15, 2027, sections 9 and 

13 10(a) shall remain in effect. 

14 (c) RIGHT TO OFFSET.—If the Secretary has not 

15 published in the Federal Register the statement of find16 ings under subsection (a) by October 15, 2027, the United 

17 States shall be entitled to offset any Federal amounts 

18 made available under section 6(a)(9) that were used or 

19 authorized for any use under that subsection against any 

20 claim asserted by the Hualapai Tribe against the United 

21 States described in section 7(a)(2)(A). 

22 (d) ENFORCEABILITY DATE FOR BILL WILLIAMS

23 RIVER PHASE 2 WATER RIGHTS SETTLEMENT AGREE24 MENT.—Notwithstanding subsection (a), the Bill Williams 

25 River phase 2 water rights settlement agreement (includVerDate Sep 11 2014 16:24 Dec 23, 2017 Jkt 079200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H4723.IH H4723

ethrower on DSK3G9T082PROD with BILLS
84 

•HR 4723 IH

1 ing the waivers and releases described in section 7(d) of 

2 this Act and section 5 of the Bill Williams River phase 

3 2 water rights settlement agreement) shall take effect and 

4 become enforceable among the parties to the Bill Williams 

5 River phase 2 water rights settlement agreement on the 

6 date on which all of the following conditions have oc7 curred: 

8 (1) The Hualapai Tribe water rights settlement 

9 agreement becomes enforceable pursuant to sub10 section (a). 

11 (2) Freeport has submitted to the Arizona De12 partment of Water Resources a conditional with13 drawal of any objection to the Bill Williams River 

14 watershed instream flow applications pursuant to 

15 section 4.4(i) of the Bill Williams River phase 2 

16 water rights settlement agreement, which withdrawal 

17 shall take effect on the enforceability date described 

18 in this subsection. 

19 (3) Not later than the enforceability date de20 scribed in subsection (a), the Arizona Department of 

21 Water Resources has issued an appealable, condi22 tional decision and order for the Bill Williams River 

23 watershed instream flow applications pursuant to 

24 section 4.4(iii) of the Bill Williams River phase 2 

25 water rights settlement agreement, which order shall 


ethrower on DSK3G9T082PROD with BILLS
85 

•HR 4723 IH

1 become nonconditional and effective on the enforce2 ability date described in this subsection. 

3 (4) The conditional decision and order de4 scribed in paragraph (3)— 

5 (A) becomes final; and 

6 (B) is not subject to any further appeal. 

7 SEC. 13. ADMINISTRATION. 

8 (a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

9 (1) WAIVER.— 

10 (A) IN GENERAL.—In any circumstance 

11 described in paragraph (2)— 

12 (i) the United States or the Hualapai 

13 Tribe may be joined in the action described 

14 in the applicable subparagraph of that 

15 paragraph; and 

16 (ii) subject to subparagraph (B), any 

17 claim by the United States or the Hualapai 

18 Tribe to sovereign immunity from the ac19 tion is waived. 

20 (B) LIMITATION.—A waiver under sub21 paragraph (A)(ii)— 

22 (i) shall only be for the limited and 

23 sole purpose of the interpretation or en24 forcement of— 

25 (I) this Act; 


ethrower on DSK3G9T082PROD with BILLS
86 

•HR 4723 IH

1 (II) the Hualapai Tribe water 

2 rights settlement agreement; or 

3 (III) in accordance with para4 graph (2)(D)— 

5 (aa) the Bill Williams Act; 

6 or 

7 (bb) the Bill Williams agree8 ments; and 

9 (ii) shall not include any award 

10 against the Hualapai Tribe for money 

11 damages, court costs, or attorneys fees. 

12 (2) CIRCUMSTANCES DESCRIBED.—A cir13 cumstance referred to in paragraph (1)(A) is any of 

14 the following: 

15 (A) Any party to the Hualapai Tribe water 

16 rights settlement agreement— 

17 (i) brings an action in any Federal or 

18 State court relating only and directly to 

19 the interpretation or enforcement of— 

20 (I) this Act; or 

21 (II) the Hualapai Tribe water 

22 rights settlement agreement; and 

23 (ii) names the United States or the 

24 Hualapai Tribe as a party in that action. 


ethrower on DSK3G9T082PROD with BILLS
87 

•HR 4723 IH

1 (B) Any landowner or water user in the 

2 Verde River Watershed or the Colorado River 

3 basin within the State of Arizona— 

4 (i) brings an action in any Federal or 

5 State court relating only and directly to 

6 the interpretation or enforcement of— 

7 (I) paragraph 10.0 of the 

8 Hualapai Tribe water rights settle9 ment agreement; or 

10 (II) section 7; and 

11 (ii) names the United States or the 

12 Hualapai Tribe as a party in that action. 

13 (C) The State of California or the State of 

14 Nevada— 

15 (i) brings an action in any Federal or 

16 State court relating only and directly to 

17 the interpretation or enforcement of a pro18 vision relating to the Colorado River 

19 under— 

20 (I) paragraph 10.0 of the 

21 Hualapai Tribe water rights settle22 ment agreement; or 

23 (II) section 7; and 

24 (ii) names the United States or the 

25 Hualapai Tribe as a party in that action. 


ethrower on DSK3G9T082PROD with BILLS
88 

•HR 4723 IH

1 (D) Any party to the Bill Williams agree2 ments— 

3 (i) brings an action in any Federal or 

4 State court relating only and directly to 

5 the interpretation or enforcement of— 

6 (I) the Bill Williams Act; or 

7 (II) the Bill Williams agree8 ments; and 

9 (ii) names the United States or the 

10 Hualapai Tribe as a party in that action. 

11 (b) ANTIDEFICIENCY.—Notwithstanding any author12 ization of appropriations to carry out this Act, the United 

13 States shall not be liable for any failure of the United 

14 States to carry out any obligation or activity authorized 

15 by this Act (including all titles and all agreements or ex16 hibits ratified or confirmed by this Act) if— 

17 (1) adequate appropriations are not provided 

18 expressly by Congress to carry out the purposes of 

19 this Act; or 

20 (2) there are not enough monies available to 

21 carry out this Act in the Lower Colorado River 

22 Basin Development Fund established by section 

23 403(a) of the Colorado River Basin Project Act (43 

24 U.S.C. 1543(a)). 


ethrower on DSK3G9T082PROD with BILLS
89 

•HR 4723 IH

1 (c) APPLICATION OF RECLAMATION REFORM ACT OF

2 1982.—The Reclamation Reform Act of 1982 (43 U.S.C. 

3 390aa et seq.) and any other acreage limitation or full4 cost pricing provision of Federal law shall not apply to 

5 any person, entity, or tract of land solely on the basis of— 

6 (1) receipt of any benefit under this Act; 

7 (2) execution or performance of this Act; or 

8 (3) the use, storage, delivery, lease, or exchange 

9 of CAP water. 

10 (d) EFFECT.— 

11 (1) DEFINITION OF COLORADO RIVER

12 WATER.—The definition of ‘‘Colorado River water’’ 

13 contained in section 3, or in any provision of the 

14 Hualapai Tribe water rights settlement agreement— 

15 (A) shall only be used for purposes of in16 terpreting this Act or the Hualapai Tribe water 

17 rights settlement agreement, as applicable; and 

18 (B) shall not be used for any interpreta19 tion of any other applicable provision of Federal 

20 law, including— 

21 (i) the Colorado River Compact; 

22 (ii) section 5 of the Boulder Canyon 

23 Project Act (43 U.S.C. 617d); 


ethrower on DSK3G9T082PROD with BILLS
90 

•HR 4723 IH

1 (iii) the Colorado River Basin Project 

2 Act (Public Law 90–537; 82 Stat. 885); 

3 and 

4 (iv) any contract or agreement en5 tered into pursuant a law described in 

6 clause (i), (ii), or (iii). 

7 (2) NO MODIFICATION OR PREEMPTION OF

8 OTHER LAW.—Unless expressly provided in this Act, 

9 nothing in this Act modifies, conflicts with, pre10 empts, or otherwise affects— 

11 (A) the Boulder Canyon Project Act (43 

12 U.S.C. 617 et seq.); 

13 (B) the Boulder Canyon Project Adjust14 ment Act (43 U.S.C. 618 et seq.); 

15 (C) the Act of April 11, 1956 (commonly 

16 known as the ‘‘Colorado River Storage Project 

17 Act’’ (43 U.S.C. 620 et seq.)); 

18 (D) the Colorado River Basin Project Act 

19 (Public Law 90–537; 82 Stat. 885); 

20 (E) the Treaty between the United States 

21 of America and Mexico respecting utilization of 

22 waters of the Colorado and Tijuana Rivers and 

23 of the Rio Grande, signed at Washington Feb24 ruary 3, 1944 (59 Stat. 1219); 

25 (F) the Colorado River Compact; 


ethrower on DSK3G9T082PROD with BILLS
91 

•HR 4723 IH

1 (G) the Upper Colorado River Basin Com2 pact; 

3 (H) the Omnibus Public Land Manage4 ment Act of 2009 (Public Law 111–11; 123 

5 Stat. 991); or 

6 (I) case law concerning water rights in the 

7 Colorado River system other than any case to 

8 enforce the Hualapai Tribe water rights settle9 ment agreement or this Act. 

10 (3) EFFECT ON AGREEMENTS.—Nothing in this 

11 Act or the Hualapai Tribe water rights settlement 

12 agreement limits the right of the Hualapai Tribe to 

13 enter into any agreement for the storage or banking 

14 of water in accordance with State law with— 

15 (A) the Arizona Water Banking Authority 

16 (or a successor agency or entity); or 

17 (B) any other lawful authority. 

18 (4) EFFECT OF ACT.—Nothing in this Act— 

19 (A) quantifies or otherwise affects the 

20 water rights, claims, or entitlements to water of 

21 any Indian tribe, nation, band, or community, 

22 other than the Hualapai Tribe; 

23 (B) affects the ability of the United States 

24 to take action on behalf of any Indian tribe, na25 tion, band, or community, other than the 


ethrower on DSK3G9T082PROD with BILLS
92 

•HR 4723 IH

1 Hualapai Tribe, the members of the Hualapai 

2 Tribe, and the allottees; or 

3 (C) limits the right of the Hualapai Tribe 

4 to use any water of the Hualapai Tribe in any 

5 location on the Hualapai Reservation. 

Æ 


ethrower on DSK3G9T082PROD with BILLS