II

112 TH CONGRESS 2 D SESSION 

# S. 2109

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

IN THE SENATE OF THE UNITED STATES

F EBRUARY 14, 2012 Mr. K YL (for himself and Mr. MC CAIN ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs



# A BILL To approve the settlement of water rights claims of the Navajo Nation, the Hopi Tribe, and the allottees ofthe Navajo Nation and Hopi Tribe in the State of Arizona, to authorize construction of municipal water projects relating to the water rights claims, to resolve litigation against the United States concerning ColoradoRiver operations affecting the States of California, Arizona, and Nevada, and for other purposes.Be it enacted by the Senate and House of Representa1 tives of the United States of America in Congress assembled, 2


• S 2109 IS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT T ITLE .—This Act may be cited as the 2 ‘‘Navajo-Hopi Little Colorado River Water Rights Settle3 ment Act of 2012’’. 4 (b) TABLE OF C ONTENTS .—The table of contents of 5 this Act is as follows: 6
Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions.
TITLE I—NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT AGREEMENT Sec. 101. Ratification and execution of the Navajo-Hopi Little Colorado River water rights settlement agreement. Sec. 102. Water rights. Sec. 103. Authorization for construction of municipal, domestic, commercial, and industrial water projects. Sec. 104. Funding. Sec. 105. Waivers, releases, and retentions of claims. Sec. 106. Satisfaction of water rights and other benefits. Sec. 107. After-acquired trust land. Sec. 108. Enforceability date. Sec. 109. Administration. Sec. 110. Environmental compliance.
TITLE II—CENTRAL ARIZONA PROJECT WATER Sec. 201. Conditions for reallocation of CAP NIA priority water.Sec. 202. Reallocation of CAP NIA priority water, firming, water delivery contract. Sec. 203. Colorado River accounting. Sec. 204. No modification of existing laws. Sec. 205. Amendments. Sec. 206. Retention of Lower Colorado River water for future Lower Colorado River settlement. Sec. 207. Authorization of appropriations for feasibility study.

SEC. 2. FINDINGS. 7 Congress finds that— 8 (1) it is the policy of the United States, in 9 keeping with the trust responsibility of the United 10 States to Indian tribes, to settle Indian water rights 11


• S 2109 IS claims whenever possible without lengthy and costly 1 litigation; 2 (2) the water rights settlements described in 3 paragraph (1) typically require congressional review 4 and approval; 5 (3) the Navajo Nation and the United States, 6 acting as trustee for the Navajo Nation and allottees 7 of the Navajo Nation, claim the right to an 8 unquantified amount of water from the Little Colo9 rado River system and source; 10 (4) the Navajo Nation claims the right to an 11 unquantified amount of water from the lower basin 12 of the Colorado River and has challenged the legality 13 of the Colorado River Interim Surplus Guidelines, 14 the Colorado River Quantification Settlement Agree15 ment of the State of California, interstate water 16 banking regulations, and Central Arizona Project 17 water deliveries; 18 (5) the defendants in the action described in 19 paragraph (4) include— 20 (A) the Department of the Interior, includ21 ing the Bureau of Reclamation and the Bureau 22 of Indian Affairs, and 23 (B) intervenor-defendants, including— 24


• S 2109 IS (i) the Southern Nevada Water Au1 thority; 2 (ii) the Colorado River Commission of 3 Nevada; 4 (iii) the State of Arizona; 5 (iv) the State of Nevada; 6 (v) the Central Arizona Water Con7 servation District; 8 (vi) the Southern California Metro9 politan Water District; 10 (vii) the Imperial Irrigation District; 11 (viii) the Coachella Valley Water Dis12 trict; 13 (ix) the Arizona Power Authority; 14 (x) the Salt River Project Agricultural 15 Improvement and Power District; and 16 (xi) the Salt River Valley Water Users 17 Association; 18 (6) the Hopi Tribe and the United States, act19 ing as trustee for the Hopi Tribe and allottees of the 20 Hopi Tribe, claim the right to an unquantified 21 amount of water from the Little Colorado River sys22 tem and source; and 23 (7) consistent with the policy of the United 24 States, this Act settles the water rights claims of the 25


• S 2109 IS Navajo Nation, allottees of the Navajo Nation, the 1 Hopi Tribe, and allottees of the Hopi Tribe by pro2 viding drinking water infrastructure to the Navajo 3 Nation and the Hopi Tribe in exchange for limiting 4 the legal exposure and litigation expenses of the 5 United States, the States of Arizona and Nevada, 6 and agricultural, municipal, and industrial water 7 users in the States of Arizona, Nevada, and Cali8 fornia. 9

SEC. 3. PURPOSES. 10 The purposes of this Act are— 11 (1) to resolve, fully and finally— 12 (A) any and all claims to the Little Colo13 rado River system and source in the State of 14 Arizona of— 15 (i) the Navajo Nation, on behalf of 16 itself and the members of the Navajo Na17 tion; 18 (ii) the United States, acting as trust19 ee for the Navajo Nation, the members of 20 the Navajo Nation, and allottees of the 21 Navajo Nation; 22 (iii) the Hopi Tribe, on behalf of itself 23 and the members of the Hopi Tribe; and 24


• S 2109 IS (iv) the United States, acting as 1 trustee for the Hopi Tribe, the members of 2 the Hopi Tribe, and allottees of the Hopi 3 Tribe; and 4 (B) any and all claims to the Gila River 5 system and source in the State of Arizona of 6 the Navajo Nation, on behalf of itself and the 7 members of the Navajo Nation; 8 (2) to approve, ratify, and confirm the settle9 ment agreement entered into among the Navajo Na10 tion, the Hopi Tribe, the United States, the State of 11 Arizona, and any other party; 12 (3) to authorize and direct the Secretary to exe13 cute and perform the duties and obligations of the 14 Secretary under the settlement agreement and this 15 Act; and 16 (4) to authorize any actions and appropriations 17 necessary for the United States to fulfill the duties 18 and obligations of the United States to the Navajo 19 Nation, allottees of the Navajo Nation, the Hopi 20 Tribe, and allottees of the Hopi Tribe, as provided 21 in the settlement agreement and this Act. 22

SEC. 4. DEFINITIONS. 23 In this Act: 24


• S 2109 IS (1) 1934 ACT CASE .—The term ‘‘1934 Act 1 case’’ means the litigation styled Honyoama v. Shir2 ley, Case No. CIV 74–842–PHX–EHC (D. Ariz. 3 2006). 4 (2) A BSTRACT .—The term ‘‘abstract’’ means a 5 summary of water rights or uses held or owned by 6 any person, as represented in a form substantially 7 similar to the form attached as exhibit 3.1.4 to the 8 settlement agreement. 9 (3) A FY .—The term ‘‘afy’’ means acre-feet per 10
year. 11 (4) A LLOTMENT .—The term ‘‘allotment’’ means 12
an allotment that— 13 (A) was originally allotted to an individual 14 identified as a Navajo or Hopi Indian in the al15 lotting document; 16 (B) is located— 17 (i) within the exterior boundaries of 18 the Navajo Reservation; 19 (ii) within the exterior boundaries of 20 the Hopi Reservation; or 21 (iii) on land that is— 22 (I) off-reservation land; and 23 (II) within Apache, Coconino, or 24 Navajo County, in the State; and 25


• S 2109 IS (C) is held in trust by the United States 1 for the benefit of an allottee. 2 (5) A LLOTTEE .—The term ‘‘allottee’’ means a 3 person who holds a beneficial real property interest 4 in an allotment. 5 (6) A VAILABLE CAP SUPPLY .—The term ‘‘avail6 able CAP supply’’ means, for any given year— 7 (A) all fourth priority Colorado River 8 water available for delivery through the CAP 9 system; 10 (B) water available from CAP dams and 11 reservoirs other than Modified Roosevelt Dam; 12
and 13 (C) return flows captured by the Secretary 14 for CAP use. 15 (7) CAP CONTRACT .—The term ‘‘CAP con16 tract’’ means a long-term contract or subcontract, as 17 those terms are used in the CAP repayment stipula18 tion, for delivery of CAP water. 19 (8) CAP CONTRACTOR .—The term ‘‘CAP con20 tractor’’ means a person or entity that has entered 21 into a long-term contract or subcontract (as those 22 terms are used in the CAP repayment stipulation) 23 with the United States or the United States and the 24


• S 2109 ISCentral Arizona Water Conservation District for de1 livery of water through the CAP system. 2 (9) CAP FIXED OM&R CHARGE .—The term 3 ‘‘CAP fixed OM&R charge’’ means ‘‘Fixed OM&R 4 Charge’’, as that term is defined in the CAP repay5 ment stipulation. 6 (10) CAP M&I PRIORITY WATER .—The term 7 ‘‘CAP M&I priority water’’ means the CAP water 8 that has a municipal and industrial delivery priority 9 under the CAP repayment contract. 10 (11) CAP NIA PRIORITY WATER .—The term 11 ‘‘CAP NIA priority water’’ means the CAP water 12 deliverable under a CAP contract providing for the 13 delivery of non-Indian agricultural priority water. 14 (12) CAP OPERATING AGENCY .— 15 (A) IN GENERAL .—The term ‘‘CAP oper16 ating agency’’ has the meaning given the term 17 in section 2 of the Arizona Water Settlements 18 Act (Public Law 108–451; 118 Stat. 3478). 19 (B) A DMINISTRATION .—As of the date of 20 enactment of this Act, the ‘‘CAP operating 21 agency’’ is the Central Arizona Water Con22 servation District. 23 (13) CAP PUMPING ENERGY CHARGE .—The 24 term ‘‘CAP pumping energy charge’’ means ‘‘Pump25


• S 2109 IS ing Energy Charge’’, as that term is defined in the 1 CAP repayment stipulation. 2 (14) CAP REPAYMENT CONTRACT .—The term 3 ‘‘CAP repayment contract’’ has the meaning given 4 the term in section 2 of the Arizona Water Settle5 ments Act (Public Law 108–451; 118 Stat. 3478). 6 (15) CAP REPAYMENT STIPULATION .—The 7 term ‘‘CAP repayment stipulation’’ means the Stipu8 lated Judgment and the Stipulation for Judgment 9 (including exhibits), entered on November 21, 2007, 10 in the case styled Central Arizona Water Conserva11 tion District v. United States, et al., No. CIV 95– 12 625–TUC–WDB (EHC), No. CIV 95–1720–PHX– 13 EHC (Consolidated Action), United States District 14 Court for the District of Arizona (including any 15 amendments or revisions). 16 (16) CAP SYSTEM .—The term ‘‘CAP system’’ 17 has the meaning given the term in section 2 of the 18 Arizona Water Settlements Act (Public Law 108– 19 451; 118 Stat. 3478). 20 (17) CAP WATER .—The term ‘‘CAP water’’ 21 means ‘‘Project Water’’, as that term is defined in 22 the CAP repayment stipulation. 23 (18) C ENTRAL ARIZONA PROJECT OR CAP .— 24 The term ‘‘Central Arizona Project’’ or ‘‘CAP’’ 25


• S 2109 IS means the Federal reclamation project authorized 1 and constructed by the United States in accordance 2 with title III of the Colorado River Basin Project 3 Act (43 U.S.C. 1521 et seq.). 4 (19) C ENTRAL ARIZONA WATER CONSERVATION 5

DISTRICT .—The term ‘‘Central Arizona Water Con6 servation District’’ means the political subdivision of 7 the State that is the contractor under the CAP re8 payment contract. 9 (20) C OLORADO RIVER COMPACT .—The term 10 ‘‘Colorado River Compact’’ means the Colorado 11 River Compact of 1922, as ratified and reprinted in 12 article 2 of chapter 7 of title 45, Arizona Revised 13 Statutes. 14 (21) C OLORADO RIVER SYSTEM .—The term 15 ‘‘Colorado River system’’ has the meaning given the 16 term in article II(a) of the Colorado River Compact. 17 (22) C OMMISSIONER .—The term ‘‘Commis18 sioner’’ means the Commissioner of Reclamation. 19 (23) D ECREE .—The term ‘‘decree’’, when used 20 without a modifying adjective, means— 21 (A) the decree of the Supreme Court in the 22 case styled Arizona v. California (376 U.S. 340 23 (1964)); 24


• S 2109 IS (B) the Consolidated Decree entered on 1 March 27, 2006 (547 U.S. 150), in the case de2 scribed in subparagraph (A); and 3 (C) any modifications to the decrees de4 scribed in subparagraphs (A) and (B). 5 (24) D IVERT .—The term ‘‘divert’’ means to re6 ceive, withdraw, develop, produce, or capture 7 groundwater, surface water, Navajo Nation CAP 8 water, or effluent by means of a ditch, canal, flume, 9 bypass, pipeline, pit, collection or infiltration gallery, 10 conduit, well, pump, turnout, other mechanical de11 vice, or any other human act, including the initial 12 impoundment of that water. 13 (25) E FFLUENT .— 14 (A) IN GENERAL .—The term ‘‘effluent’’ 15
means water that— 16 (i) has been used in the State for do17 mestic, municipal, or industrial purposes; 18
and 19 (ii) is available for use for any pur20
pose. 21 (B) EXCLUSION .—The term ‘‘effluent’’ 22 does not include water that has been used solely 23 for hydropower generation. 24


• S 2109 IS (26) F OURTH PRIORITY COLORADO RIVER 1

WATER .—The term ‘‘fourth priority Colorado River 2 water’’ means Colorado River water that is available 3 for delivery in the State for satisfaction of entitle4
ments— 5 (A) pursuant to contracts, Secretarial res6 ervations, perfected rights, and other arrange7 ments between the United States and water 8 users in the State entered into or established 9 subsequent to September 30, 1968, for use on 10 Federal, State, or privately owned land in the 11 State, in a total quantity that does not exceed 12 164,652 afy of diversions; and 13 (B) after first providing for the delivery of 14 water under section 304(e) of the Colorado 15 River Basin Project Act (43 U.S.C. 1524(e)), 16 pursuant to the CAP repayment contract for 17 the delivery of Colorado River water for the 18 CAP, including use of Colorado River water on 19 Indian land. 20 (27) GILA RIVER ADJUDICATION .—The term 21 ‘‘Gila River adjudication’’ means the action pending 22 in the Superior Court of the State of Arizona in and 23 for the County of Maricopa styled In Re the General 24 Adjudication of All Rights To Use Water In The 25


• S 2109 IS Gila River System and Source, W–1 (Salt), W–2 1 (Verde), W–3 (Upper Gila), W–4 (San Pedro) (Con2 solidated). 3 (28) GILA RIVER ADJUDICATION COURT .—The 4 term ‘‘Gila River adjudication court’’ means the Su5 perior Court of the State of Arizona in and for the 6 County of Maricopa, exercising jurisdiction over the 7 Gila River adjudication. 8 (29) GILA RIVER ADJUDICATION DECREE .—The 9 term ‘‘Gila River adjudication decree’’ means the 10 judgment or decree entered by the Gila River adju11 dication court, which shall be in substantially the 12 same form as the form of judgment attached to the 13 settlement agreement as exhibit 3.1.49. 14 (30) GROUNDWATER .—The term ‘‘ground15 water’’ means all water beneath the surface of the 16 earth within the State that is not— 17 (A) surface water; 18 (B) underground water within the Upper 19 Basin; 20 (C) Lower Colorado River water; or 21 (D) effluent. 22 (31) H OPI FEE LAND .—The term ‘‘Hopi fee 23 land’’ means land, other than Hopi trust land, 24
that— 25


• S 2109 IS (A) is located in the State; 1 (B) is located outside the exterior bound2 aries of the Hopi Reservation; and 3 (C) as of the LCR enforceability date, is 4 owned by the Hopi Tribe, including ownership 5 through a related entity. 6 (32) H OPI GROUNDWATER PROJECT .—The 7 term ‘‘Hopi Groundwater Project’’ means the project 8 carried out in accordance with section 103(b). 9 (33) H OPI GROUNDWATER PROJECT AC

10

COUNT .—The term ‘‘Hopi Groundwater Project Ac11 count’’ means the account created in the Treasury 12 of the United States pursuant to section 104(c). 13 (34) H OPI LAND .—The term ‘‘Hopi land’’ 14

means— 15 (A) the Hopi Reservation; 16 (B) Hopi trust land; and 17 (C) Hopi fee land. 18 (35) H OPI OM&R TRUST ACCOUNT .—The term 19 ‘‘Hopi OM&R Trust Account’’ means the account 20 created in the Treasury of the United States pursu21 ant to section 104(d). 22 (36) H OPI RESERVATION .— 23 (A) IN GENERAL .—The term ‘‘Hopi Res24 ervation’’ means the land within the exterior 25


• S 2109 ISboundaries of the Hopi Reservation, includ1 ing— 2 (i) all land withdrawn by the Execu3 tive Order dated December 16, 1882, and 4 in which the Hopi Tribe is recognized as 5 having an exclusive interest in the case 6 styled Healing v. Jones, Case No. CIV– 7 579 (D. Ariz. September 28, 1962), or 8 that was partitioned to the Hopi Tribe in 9 accordance with section 4 of the Act of De10 cember 22, 1974 (Public Law 93–531; 88 11 Stat. 1713), and codified in the Navajo12 Hopi Land Dispute Settlement Act of 13 1996 (25 U.S.C. 640d note; Public Law 14 104–301); 15 (ii) all land partitioned to the Hopi 16 Tribe by Judgment of Partition, dated 17 February 10, 1977, in the case styled 18 Sekaquaptewa v. MacDonald, Case No. 19 CIV–579–PCT–JAW (D. Ariz.); 20 (iii) all land recognized as part of the 21 Hopi Reservation in the 1934 Act case; 22
and 23


• S 2109 IS (iv) all individual allotments made to 1 members of the Hopi Tribe within the 2 boundaries of the Hopi Reservation. 3 (B) M AP .— 4 (i) IN GENERAL .—The ‘‘Hopi Res5 ervation’’ is also depicted more particularly 6 on the map attached to the settlement 7 agreement as exhibit 3.1.100. 8 (ii) A PPLICABILITY .—In case of a 9 conflict relating to the ‘‘Hopi Reservation’’ 10 as depicted on the map under clause (i) 11 and the definition in subparagraph (A), 12 the definition under subparagraph (A) 13
shall control. 14 (C) E XCLUSION .—The term ‘‘Hopi Res15 ervation’’ does not include any land held in 16 trust by the United States for the benefit of the 17 Navajo Nation within the exterior boundaries of 18 the Hopi Reservation. 19 (37) H OPI TRIBE .—The term ‘‘Hopi Tribe’’ 20 means the Hopi Tribe, a Tribe of Hopi Indians or21 ganized under section 16 of the Act of June 18, 22 1934 (25 U.S.C. 476) (commonly known as the ‘‘In23 dian Reorganization Act’’). 24


• S 2109 IS (38) H OPI TRUST LAND .—The term ‘‘Hopi 1 trust land’’ means land that— 2 (A) is located in the State; 3 (B) is located outside the exterior bound4 aries of the Hopi Reservation; and 5 (C) as of the LCR enforceability date, is 6 held in trust by the United States for the ben7 efit of the Hopi Tribe. 8 (39) INDIAN TRIBE .—The term ‘‘Indian tribe’’ 9 has the meaning given the term in section 4 of the 10 Indian Self-Determination and Education Assistance 11 Act (25 U.S.C. 450b). 12 (40) INJURY TO QUALITY OF LOWER COLORADO 13

RIVER WATER .—The term ‘‘injury to quality of 14 Lower Colorado River water’’ means— 15 (A) any diminution or degradation of the 16 quality of Lower Colorado River water due to a 17 change in the salinity or concentration of natu18 rally occurring chemical constituents of Lower 19 Colorado River water; and 20 (B) any effect of a change described in 21 subparagraph (A) if the change and effect of 22 the change are due to the withdrawal, diversion, 23 or use of Lower Colorado River water. 24


• S 2109 IS (41) INJURY TO RIGHTS TO LOWER COLORADO 1

RIVER WATER .—The term ‘‘injury to rights to Lower 2 Colorado River water’’ means any interference with, 3 diminution of, or deprivation of the right of any en4 tity to Lower Colorado River water under applicable 5
law. 6 (42) INJURY TO WATER QUALITY .—The term 7 ‘‘injury to water quality’’ means— 8 (A) any diminution or degradation of the 9 quality of water due to a change in the salinity 10 or concentration of naturally occurring chemical 11 constituents of water; and 12 (B) any effect of a change described in 13 subparagraph (A) if the change and effect of 14 the change are due to the withdrawal, diversion, 15
or use of water. 16 (43) INJURY TO WATER RIGHTS .—The term 17 ‘‘injury to water rights’’ means an interference with, 18 diminution of, or deprivation of, water rights under 19 applicable law. 20 (44) LCR.—The term ‘‘LCR’’ means the Little 21 Colorado River, a tributary of the Colorado River in 22 Arizona. 23 (45) LCR ADJUDICATION .—The term ‘‘LCR 24 adjudication’’ means the action pending in the Supe25


• S 2109 IS rior Court of the State of Arizona in and for the 1 County of Apache styled In Re the General Adju2 dication of All Rights To Use Water In The Little 3 Colorado River System and Source, CIV No. 6417. 4 (46) LCR ADJUDICATION COURT .—The term 5 ‘‘LCR adjudication court’’ means the Superior Court 6 of the State of Arizona in and for the County of 7 Apache, exercising jurisdiction over the LCR adju8 dication. 9 (47) LCR DECREE .—The term ‘‘LCR decree’’ 10 means the judgment and decree entered by the LCR 11 adjudication court, which shall be in substantially 12 the same form as the form of judgment attached to 13 the settlement agreement as exhibit 3.1.70. 14 (48) LCR ENFORCEABILITY DATE .—The term 15 ‘‘LCR enforceability date’’ means the date on which 16 the Secretary publishes in the Federal Register the 17 statement of findings described in section 108(a). 18 (49) LCR WATERSHED .—The term ‘‘LCR wa19 tershed’’ means all land located within the surface 20 water drainage of the LCR and the tributaries of 21 the LCR in the State. 22 (50) L EE FERRY .—The term ‘‘Lee Ferry’’ has 23 the meaning given the term in article II(e) of the 24 Colorado River Compact. 25


• S 2109 IS (51) L OWER BASIN .—The term ‘‘lower basin’’ 1 has the meaning given the term in article II(g) of 2 the Colorado River Compact. 3 (52) L OWER COLORADO RIVER .—The term 4 ‘‘Lower Colorado River’’ means the portion of the 5 Colorado River that is in the United States and 6 downstream from Lee Ferry, including any res7 ervoirs on that portion of the Colorado River. 8 (53) L OWER COLORADO RIVER BASIN DEVELOP

9

MENT FUND .—The term ‘‘Lower Colorado River 10 Basin Development Fund’’ means the fund estab11 lished by section 403 of the Colorado River Basin 12 Project Act (43 U.S.C. 1543). 13 (54) L OWER COLORADO RIVER WATER .— 14 (A) IN GENERAL .—The term ‘‘Lower Colo15 rado River water’’ means the waters of the 16 Lower Colorado River, including— 17 (i) the waters of the reservoirs on the 18 Lower Colorado River; 19 (ii) the waters of the tributaries to the 20 Lower Colorado River, other than— 21 (I) tributaries located within the 22 State; 23


• S 2109 IS (II) tributaries located within the 1 Western Navajo Colorado River 2 Basin; or 3 (III) tributaries of the LCR in 4 the State of New Mexico; 5 (iii) all underground water that is hy6 draulically connected to the Lower Colo7 rado River; and 8 (iv) all underground water that is hy9 draulically connected to tributaries to the 10 Lower Colorado River, other than— 11 (I) tributaries located within the 12 State; 13 (II) tributaries located within the 14 Western Navajo Colorado River 15 Basin; or 16 (III) tributaries of the LCR in 17 the State of New Mexico. 18 (B) A PPLICABILITY .—The definition of the 19 term ‘‘Lower Colorado River water’’ in subpara20 graph (A) and any definition of the term in21 cluded in the settlement agreement— 22 (i) shall apply only to this Act and the 23 settlement agreement, as applicable; and 24


• S 2109 IS (ii) shall not be used in any interpre1 tation of— 2 (I) the Colorado River Compact; 3 (II) the Boulder Canyon Project 4 Act (43 U.S.C. 617 et seq.); 5 (III) the Colorado River Basin 6 Project Act (43 U.S.C. 1501 et seq.); 7

or 8 (IV) any contract or agreement 9 entered into pursuant to the docu10 ments described in subclauses (I) 11 through (III). 12 (55) N AVAJO FEE LAND .—The term ‘‘Navajo 13 fee land’’ means land, other than Navajo trust land, 14
that— 15 (A) is located in the State; 16 (B) is located outside the exterior bound17 aries of the Navajo Reservation; and 18 (C) as of the LCR enforceability date, is 19 owned by the Navajo Nation, including through 20 a related entity. 21 (56) N AVAJO

- GALLUP WATER SUPPLY 22

PROJECT .—The term ‘‘Navajo-Gallup water supply 23 project’’ means the project authorized, constructed, 24 and operated pursuant to the Northwestern New 25


• S 2109 IS Mexico Rural Water Projects Act (Public Law 111– 1 11; 123 Stat. 1368). 2 (57) N AVAJO GENERATING STATION .—The 3 term ‘‘Navajo generating station’’ means the Navajo 4 generating station, a steam electric generating sta5 tion located on the Navajo Reservation near Page, 6 Arizona, and consisting of Units 1, 2, and 3, the 7 switchyard facilities, and all facilities and structures 8 used or related to the Navajo generating station. 9 (58) N AVAJO GROUNDWATER PROJECTS .—The 10 term ‘‘Navajo Groundwater Projects’’ means the 11 projects carried out in accordance with section 12 103(a). 13 (59) N AVAJO GROUNDWATER PROJECTS AC

14

COUNT .—The term ‘‘Navajo Groundwater Projects 15 Account’’ means the account created in the Treasury 16 of the United States pursuant to section 104(a). 17 (60) N AVAJO LAND .—The term ‘‘Navajo land’’ 18

means— 19 (A) the Navajo Reservation; 20 (B) Navajo trust land; and 21 (C) Navajo fee land. 22 (61) N AVAJO NATION .— 23 (A) IN GENERAL .—The term ‘‘Navajo Na24 tion’’ means the Navajo Nation, a body politic 25


• S 2109 ISand federally recognized Indian nation, as pro1 vided in the notice of the Department of the In2 terior entitled ‘‘Indian Entities Recognized and 3 Eligible To Receive Services From The United 4 States Bureau of Indian Affairs’’ (75 Fed. Reg. 5 60810 (October 1, 2010)) published pursuant 6 to section 104 of the Federally Recognized In7 dian Tribe List Act of 1994 (25 U.S.C. 479a– 8 1). 9 (B) INCLUSIONS .— 10 (i) IN GENERAL .—The term ‘‘Navajo 11 Nation’’ includes— 12 (I) the Navajo Tribe; 13 (II) the Navajo Tribe of Arizona, 14 New Mexico & Utah; 15 (III) the Navajo Tribe of Indi16 ans; and 17 (IV) other similar names. 18 (ii) BANDS AND CHAPTERS .—The 19 term ‘‘Navajo Nation’’ includes all bands 20 of Navajo Indians and chapters of the 21 Navajo Nation. 22 (62) N AVAJO NATION CAP WATER .—The term 23 ‘‘Navajo Nation CAP water’’ means the 6,411 afy of 24 the CAP NIA priority water retained by the Sec25


• S 2109 IS retary pursuant to section 104(a)(1)(B)(ii) of the 1 Arizona Water Settlements Act of 2004 (Public Law 2 108–451; 118 Stat. 3487) and reallocated to the 3 Navajo Nation pursuant to section 202(a) of this 4 Act. 5 (63) N AVAJO NATION WATER DELIVERY CON

6

TRACT .—The term ‘‘Navajo Nation water delivery 7 contract’’ means the contract entered into pursuant 8 to the settlement agreement and section 202(c) of 9 this Act for the delivery of Navajo Nation CAP 10
water. 11 (64) N AVAJO OM&R TRUST ACCOUNT .—The 12 term ‘‘Navajo OM&R Trust Account’’ means the ac13 count created in the Treasury of the United States 14 pursuant to section 104(b). 15 (65) N AVAJO PROJECT LEASE .—The term 16 ‘‘Navajo Project lease’’ means the Indenture of 17 Lease made and entered into on September 29, 18 1969, between— 19 (A) the Navajo Nation, as lessor; and 20 (B) lessees— 21 (i) the Arizona Public Service Com22 pany (including any successor or assignee); 23


• S 2109 IS (ii) the Department of Water and 1 Power of the City of Los Angeles (includ2 ing any successor or assignee); 3 (iii) the Nevada Power Company (in4 cluding any successor or assignee); 5 (iv) the Salt River Project Agricul6 tural Improvement and Power District (in7 cluding any successor or assignee); and 8 (v) the Tucson Gas & Electric Com9 pany (including any successor or assignee). 10 (66) N AVAJO PROJECT LESSEES .—The term 11 ‘‘Navajo Project lessees’’ means the lessees described 12 in paragraph (65)(B). 13 (67) N AVAJO RESERVATION .— 14 (A) IN GENERAL .—The term ‘‘Navajo Res15 ervation’’ means land that is within the exterior 16 boundaries of the Navajo Reservation in the 17 State, as defined by the Act of June 14, 1934 18 (48 Stat. 960, chapter 521), including— 19 (i) all land— 20 (I) withdrawn by the Executive 21 Order dated December 16, 1882, and 22 partitioned to the Navajo Nation in 23 accordance with the Act of December 24 22, 1974 (Public Law 93–531; 88 25


• S 2109 IS Stat. 1713), and codified in the Nav1 ajo-Hopi Land Dispute Settlement 2 Act of 1996 (25 U.S.C. 640d note; 3 Public Law 104–301); and 4 (II) partitioned to the Navajo 5 Nation by Judgment of Partition, 6 dated February 10, 1977, in the case 7 styled Sekaquaptewa v. MacDonald, 8 Case No. CIV–579–PCT–JAW (D. 9 Ariz.); and 10 (ii) all land taken into trust as a part 11 of the Navajo Reservation pursuant to sec12 tion 11 of the Act of December 22, 1974 13 (25 U.S.C. 640d–10) and codified in the 14 Navajo-Hopi Land Dispute Settlement Act 15 of 1996 (25 U.S.C. 640d note; Public Law 16 104–301). 17 (B) M AP .— 18 (i) IN GENERAL .—The ‘‘Navajo Res19 ervation’’ is also depicted more particularly 20 on the map attached to the settlement 21 agreement as exhibit 3.1.100. 22 (ii) A PPLICABILITY .—In case of a 23 conflict relating to the ‘‘Navajo Reserva24 tion’’ as depicted on the map under clause 25


• S 2109 IS (i) and the definition in subparagraph (A), 1 the map under clause (i) shall control. 2 (C) EXCLUSION .—Except as provided in 3 paragraph (36)(C), the term ‘‘Navajo Reserva4 tion’’ does not include any land within the 5 boundaries of the Hopi Reservation. 6 (68) N AVAJO TRUST LAND .—The term ‘‘Navajo 7 trust land’’ means land that— 8 (A) is located in the State; 9 (B) is located outside the exterior bound10 aries of the Navajo Reservation; and 11 (C) as of the LCR enforceability date, is 12 held in trust by the United States for the ben13 efit of the Navajo Nation. 14 (69) NORVIEL DECREE .—The term ‘‘Norviel 15 Decree’’ means the final decree of the State of Ari16 zona Superior Court in and for the County of 17 Apache in the case styled The St. John’s Irrigation 18 Company and the Meadows Reservoir Irrigation 19 Company, et al. v. Round Valley Water Storage & 20 Ditch Company, Eagar Irrigation Company, 21 Springerville Water Right and Ditch Company, et 22 al., Case No. 569 (Apr. 29, 1918), including any 23 modifications to the final decree. 24


• S 2109 IS (70) OM&R.—The term ‘‘OM&R’’ means oper1 ation, maintenance, and replacement. 2 (71) P ARTY .—The term ‘‘party’’ means a per3 son who is a signatory to the settlement agreement. 4 (72) PEABODY .—The term ‘‘Peabody’’ means 5 the Peabody Western Coal Company, including any 6 affiliate or successor of the Peabody Western Coal 7 Company. 8 (73) PERSON .— 9 (A) IN GENERAL .—The term ‘‘person’’ 10

means— 11 (i) an individual; 12 (ii) a public or private corporation; 13 (iii) a company; 14 (iv) a partnership; 15 (v) a joint venture; 16 (vi) a firm; 17 (vii) an association; 18 (viii) a society; 19 (ix) an estate or trust; 20 (x) a private organization or enter21 prise; 22 (xi) the United States; 23 (xii) an Indian tribe; 24 (xiii) a State, territory, or country; 25


• S 2109 IS (xiv) a governmental entity; and 1 (xv) a political subdivision or munic2 ipal corporation organized under or subject 3 to the constitution and laws of the State. 4 (B) INCLUSIONS .—The term ‘‘person’’ in5 cludes an officer, director, agent, insurer, rep6 resentative, employee, attorney, assign, sub7 sidiary, affiliate, enterprise, legal representative, 8 any predecessor and successor in interest and 9 any heir of a predecessor and successor in in10 terest of a person. 11 (74) PRECONSTRUCTION ACTIVITY .— 12 (A) IN GENERAL .—The term 13 ‘‘preconstruction activity’’ means the work asso14 ciated with the preplanning, planning, and de15 sign phases of construction, as those terms are 16 defined in paragraphs (1) through (3) of section 17 900.112(a) of title 25, Code of Federal Regula18 tions (or successor regulation). 19 (B) INCLUSION .—The term 20 ‘‘preconstruction activity’’ includes activities de21 scribed in section 900.112(b) of title 25, Code 22 of Federal Regulations (or successor regula23 tion). 24


• S 2109 IS (75) R AILROAD GRANTED LAND .—The term 1 ‘‘Railroad granted land’’ means the land granted 2 (including Federal rights-of-way and easements) to 3 Navajo Project lessees in accordance with sections 4 1.16 and 2 of the grant issued by the Secretary and 5 dated January 19, 1971. 6 (76) RIGHTS TO LOWER COLORADO RIVER 7

WATER .—The term ‘‘rights to Lower Colorado River 8 water’’ means any and all rights in or to Lower Col9 orado River water under applicable law. 10 (77) SECRETARY .—The term ‘‘Secretary’’ 11 means the Secretary of the Interior (or the designee 12 of the Secretary). 13 (78) SETTLEMENT AGREEMENT .— 14 (A) IN GENERAL .—The term ‘‘settlement 15 agreement’’ means the 2012 agreement, includ16 ing exhibits, entitled the ‘‘Navajo-Hopi Little 17 Colorado River Water Rights Settlement Agree18 ment’’. 19 (B) INCLUSIONS .—The term ‘‘settlement 20 agreement’’ includes— 21 (i) any amendments necessary to 22 make the settlement agreement consistent 23 with this Act; and 24


• S 2109 IS (ii) any other amendments approved 1 by the parties to the settlement agreement 2 and the Secretary. 3 (79) S TATE .—The term ‘‘State’’ means the 4 State of Arizona. 5 (80) S TATE IMPLEMENTING LAW.—The term 6 ‘‘State implementing law’’ means a law enacted by 7 the State that includes terms that are substantially 8 similar to the terms of the settlement agreement and 9 attached to the settlement agreement as exhibit 10
3.1.128. 11 (81) SURFACE WATER .— 12 (A) IN GENERAL .—The term ‘‘surface 13 water’’ means all water in the State that is ap14 propriable under State law. 15 (B) EXCLUSIONS .—The term ‘‘surface 16 water’’ does not include— 17 (i) appropriable water that is located 18 within the upper basin; or 19 (ii) Lower Colorado River water. 20 (82) U NDERGROUND WATER .— 21 (A) IN GENERAL .—The term ‘‘under22 ground water’’ means all water beneath the sur23 face of the earth within the boundaries of the 24 State, regardless of the legal characterization of 25


• S 2109 ISthat water as appropriable or nonappropriable 1 under applicable law. 2 (B) EXCLUSION .—The term ‘‘underground 3 water’’ does not include effluent. 4 (83) UPPER BASIN .—The term ‘‘upper basin’’ 5 has the meaning given the term in article II(f) of 6 the Colorado River Compact. 7 (84) UPPER BASIN COMPACT .—The term 8 ‘‘Upper Basin Compact’’ means the Upper Colorado 9 River Basin Compact of 1948, as ratified and re10 printed in article 3 of chapter 7 of title 45, Arizona 11 Revised Statutes. 12 (85) UPPER BASIN WATER .—The term ‘‘upper 13 basin water’’ means the waters of the upper basin. 14 (86) W ATER .—The term ‘‘water’’, when used 15 without a modifying adjective, means— 16 (A) groundwater; 17 (B) surface water; and 18 (C) effluent. 19 (87) W ATER RIGHT .—The term ‘‘water right’’ 20 means any right in or to water under Federal, State, 21
or law. 22 (88) W ESTERN NAVAJO COLORADO RIVER 23

BASIN .—The term ‘‘Western Navajo Colorado River 24 Basin’’ means the portions of the Navajo Reserva25


• S 2109 IS tion that are located in the lower basin and outside 1 of the LCR watershed. 2 (89) W INDOW ROCK.—The term ‘‘Window 3 Rock’’ means the geographical area in the State to 4 be served by the Navajo-Gallup water supply project, 5 which shall include Window Rock, Arizona. 6 

## TITLE I—NAVAJO-HOPI LITTLE 7 

## COLORADO RIVER WATER 8 

## RIGHTS SETTLEMENT AGREE9 

## MENT 10

SEC. 101. RATIFICATION AND EXECUTION OF THE NAVAJO11

HOPI LITTLE COLORADO RIVER WATER 12

RIGHTS SETTLEMENT AGREEMENT. 13 (a) IN GENERAL .—Except to the extent that any pro14 vision of the settlement agreement conflicts with this Act, 15 the settlement agreement is authorized, ratified, and con16 firmed. 17 (b) A MENDMENTS TO SETTLEMENT AGREEMENT .— 18 If an amendment to the settlement agreement is executed 19 to make the settlement agreement consistent with this Act, 20 the amendment is authorized, ratified, and confirmed. 21 (c) EXECUTION OF SETTLEMENT AGREEMENT .—To 22 the extent the settlement agreement does not conflict with 23 this Act, the Secretary shall promptly execute— 24


• S 2109 IS (1) the settlement agreement, including all ex1 hibits to the settlement agreement requiring the sig2 nature of the Secretary; and 3 (2) any amendments to the settlement agree4 ment, including any amendment to any exhibit to 5 the settlement agreement requiring the signature of 6 the Secretary, necessary to make the settlement 7 agreement consistent with this Act. 8 (d) D ISCRETION OF THE SECRETARY .—The Sec9 retary may execute any other amendment to the settle10 ment agreement, including any amendment to any exhibit 11 to the settlement agreement requiring the signature of the 12 Secretary, that is not inconsistent with this Act if the 13 amendment does not require congressional approval pur14 suant to the Trade and Intercourse Act (25 U.S.C. 177) 15 or other applicable Federal law (including regulations). 16

SEC. 102. WATER RIGHTS. 17 (a) W ATER RIGHTS T O B E HELD IN T RUST .— 18 (1) N AVAJO NATION WATER RIGHTS .—All water 19 rights of the Navajo Nation for the Navajo Reserva20 tion and land held in trust by the United States for 21 the Navajo Nation and allottees of the Navajo Na22 tion and all Navajo Nation CAP water shall be held 23 in trust by the United States for the benefit of the 24


• S 2109 IS Navajo Nation and allottees of the Navajo Nation, 1 respectively. 2 (2) H OPI TRIBE WATER RIGHTS .—All water 3 rights of the Hopi Tribe for the Hopi Reservation 4 and land held in trust by the United States for the 5 Hopi Tribe and allottees of the Hopi Tribe shall be 6 held in trust by the United States for the benefit of 7 the Hopi Tribe and allottees of the Hopi Tribe, re8 spectively. 9 (b) F ORFEITURE AND A BANDONMENT .—Any water 10 right held in trust by the United States under subsection 11 (a) shall not be subject to loss by nonuse, forfeiture, aban12 donment, or any other provision of law. 13 (c) U SE OF W ATER D IVERTED F ROM LCR W ATER

14

SHED .— 15 (1) IN GENERAL .—Notwithstanding any other 16 provision of law, the Navajo Nation may— 17 (A) divert surface water or groundwater 18 described in paragraph 4.0 of the settlement 19 agreement; and 20 (B) subject to the condition that the water 21 remain on the Navajo Reservation, move any 22 water diverted under subparagraph (A) out of 23 the LCR watershed for use by the Navajo Na24 tion. 25


• S 2109 IS (2) E FFECT OF DIVERSION .—Any water di1 verted and moved out of the LCR watershed pursu2 ant to paragraph (1)— 3 (A) shall be considered to be a part of the 4 LCR; and 5 (B) shall not be considered to be part of, 6 or charged against, the consumptive use appor7 tionment made— 8 (i) to the State by article III(a)(1) of 9 the Upper Basin Compact; or 10 (ii) to the upper basin by article III(a) 11 of the Colorado River Compact. 12 (d) W ATER RIGHTS OF A LLOTTEES .— 13 (1) N AVAJO RESERVATION ALLOTMENTS .— 14 (A) IN GENERAL .—The right of an allottee 15 (and of the United States acting as trustee for 16 an allottee), to use water on an allotment lo17 cated on the Navajo Reservation shall be— 18 (i) satisfied solely from the water se19 cured to the Navajo Nation (and to the 20 United States acting as trustee for the 21 Navajo Nation) by the LCR decree; and 22 (ii) subject to the terms of the LCR 23
decree. 24


• S 2109 IS (B) A DMINISTRATION .—A right under sub1 paragraph (A) shall be enforceable only pursu2 ant to the Navajo Nation water code, which 3 shall provide allottees a process to enforce such 4 rights against the Navajo Nation. 5 (2) H OPI RESERVATION ALLOTMENTS .— 6 (A) IN GENERAL .—The right of an allottee 7 (and of the United States acting as trustee for 8 an allottee), to use water on an allotment lo9 cated on the Hopi Reservation shall be— 10 (i) satisfied solely from the water se11 cured to the Hopi Tribe (and to the United 12 States acting as trustee for the Hopi 13 Tribe) by the LCR decree; and 14 (ii) subject to the terms of the LCR 15
decree. 16 (B) A DMINISTRATION .—A right under sub17 paragraph (A) shall be enforceable only pursu18 ant to the Hopi Tribe water code, which shall 19 provide allottees a process to enforce such 20 rights against the Hopi Tribe. 21 (3) O FF

- RESERVATION ALLOTMENTS .—The 22 right of an allottee (and of the United States acting 23 as trustee for an allottee), to use water on an allot24 ment located off the Navajo and Hopi Reservations 25


• S 2109 IS shall be as described in the abstracts attached to the 1 settlement agreement as exhibit 4.7.3. 2

SEC. 103. AUTHORIZATION FOR CONSTRUCTION OF MUNIC3
IPAL, DOMESTIC, COMMERCIAL, AND INDUS4

TRIAL WATER PROJECTS. 5 (a) N AVAJO GROUNDWATER PROJECTS .— 6 (1) IN GENERAL .—Subject to the availability of 7 appropriations, the Secretary, acting through the 8 Commissioner, shall plan, design, and construct the 9 water diversion and delivery features of the Navajo 10 Groundwater Projects. 11 (2) L EAD AGENCY .—The Bureau of Reclama12 tion shall serve as the lead agency for any activity 13 relating to the planning, design, and construction of 14 the water diversion and delivery features of the Nav15 ajo Groundwater Projects. 16 (3) S COPE .— 17 (A) IN GENERAL .—Subject to subpara18 graph (B), the scope of the planning, design, 19 and construction activities for the Navajo 20 Groundwater Projects shall be as generally de21 scribed in the documents prepared by Brown & 22 Caldwell entitled— 23


• S 2109 IS (i) ‘‘Final Summary Report Leupp, 1 Birdsprings, and Tolani Lake Water Dis2 tribution System Analysis (May 2008)’’; 3 (ii) ‘‘Final Summary Report Dilkon 4 and Teestoh Water Distribution System 5 Analysis (May 2008)’’; 6 (iii) ‘‘Raw Water Transmission Pipe7 line Alignment Alternative Evaluation 8 Final Report (May 2008)’’; and 9 (iv) ‘‘Ganado C-Aquifer Project Re10 port (October 2008)’’. 11 (B) REVIEW.— 12 (i) IN GENERAL .—Before beginning 13 construction activities for the Navajo 14 Groundwater Projects, the Secretary 15
shall— 16 (I) review the proposed designs 17 of the Navajo Groundwater Projects; 18
and 19 (II) carry out value engineering 20 analyses of the proposed designs. 21 (ii) NEGOTIATIONS WITH THE NAVAJO 22

NATION .—As necessary, the Secretary shall 23 periodically negotiate and reach agreement 24 with the Navajo Nation regarding any 25


• S 2109 IS change to the proposed designs of the Nav1 ajo Groundwater Projects if, on the basis 2 of the review under clause (i), the Sec3 retary determines that a change is nec4
essary— 5 (I) to meet applicable industry 6 standards; 7 (II) to ensure the Navajo 8 Groundwater Projects will be con9 structed for not more than the 10 amount set forth in paragraph (4); 11
and 12 (III) to improve the cost-effec13 tiveness of the delivery of water. 14 (4) F UNDING .— 15 (A) IN GENERAL .—The total amount of 16 obligations incurred by the Secretary in car17 rying out this subsection shall not exceed 18 $199,000,000, except that the total amount of 19 obligations shall be increased or decreased, as 20 appropriate, based on ordinary fluctuations 21 from May 1, 2011, in construction cost indices 22 applicable to the types of construction involved 23 in the planning, design, and construction of the 24 Navajo Groundwater Projects. 25


• S 2109 IS (B) NO REIMBURSEMENT .—The Secretary 1 shall not be reimbursed by any entity, including 2 the Navajo Nation, for any amounts expended 3 by the Secretary in carrying out this subsection. 4 (C) PROJECT EFFICIENCIES .—If the total 5 cost of planning, design, and construction ac6 tivities of the Navajo Groundwater Projects re7 sults in cost savings and is less than the 8 amounts authorized to be obligated under this 9 paragraph, the Secretary, at the request of the 10 Navajo Nation, may— 11 (i) use those cost savings to carry out 12 capital improvement projects associated 13 with the Navajo Groundwater Projects; or 14 (ii) transfer those cost savings to the 15 Navajo OM&R Trust Account. 16 (5) A PPLICABILITY OF THE ISDEAA.— 17 (A) IN GENERAL .—At the request of the 18 Navajo Nation and in accordance with the In19 dian Self-Determination and Education Assist20 ance Act (25 U.S.C. 450 et seq.), the Secretary 21 shall enter into 1 or more agreements with the 22 Navajo Nation to carry out this subsection. 23 (B) A DMINISTRATION .—The Commissioner 24 and the Navajo Nation shall negotiate the cost 25


• S 2109 ISof any oversight activity carried out by the Bu1 reau of Reclamation for an agreement entered 2 into under subparagraph (A), subject to the 3 condition that the total cost for the oversight 4 shall not exceed 4.0 percent of the total costs 5 of the Navajo Groundwater Projects. 6 (6) T ITLE TO NAVAJO GROUNDWATER 7

PROJECTS .— 8 (A) IN GENERAL .—The Secretary shall 9 convey to the Navajo Nation title to each of the 10 Navajo Groundwater Projects on the date on 11 which the Secretary issues a notice of substan12 tial completion that— 13 (i) the infrastructure constructed is 14 capable of storing, diverting, treating, 15 transmitting, and distributing a supply of 16 water as generally set forth in the final 17 project design described in paragraph (3); 18
and 19 (ii) the Secretary has consulted with 20 the Navajo Nation regarding the proposed 21 finding that the respective Navajo Ground22 water Project is substantially complete. 23 (B) L IMITATION ON LIABILITY .—Effective 24 beginning on the date on which the Secretary 25


• S 2109 IStransfers to the Navajo Nation title to the 1 Leupp-Dilkon Groundwater Project or the 2 Ganado Groundwater Project under subpara3 graph (A), the United States shall not be held 4 liable by any court for damages arising out of 5 any act, omission, or occurrence relating to the 6 facilities transferred, other than damages 7 caused by an intentional act or an act of neg8 ligence committed by the United States, or by 9 employees or agents of the United States, prior 10 to the date on which the Secretary transfers 11 title to the Leupp-Dilkon Groundwater Project 12 or the Ganado Groundwater Project to the Nav13 ajo Nation. 14 (C) OM&R OBLIGATION OF THE UNITED 15

STATES AFTER CONVEYANCE .—The United 16 States shall have no obligation to pay for the 17 OM&R costs of the Navajo Groundwater 18 Projects beginning on the date on which— 19 (i) title to the Navajo Groundwater 20 Projects is transferred to the Navajo Na21 tion; and 22 (ii) the amounts required to be depos23 ited in the Navajo OM&R Trust Account 24


• S 2109 IS pursuant to section 104(b) have been de1 posited in that account. 2 (7) T ECHNICAL ASSISTANCE .—Subject to the 3 availability of appropriations, the Secretary shall 4 provide technical assistance, including operation and 5 management training, to the Navajo Nation to pre6 pare the Navajo Nation for the operation of the 7 Navajo Groundwater Projects. 8 (8) PROJECT MANAGEMENT COMMITTEE .—The 9 Secretary shall facilitate the formation of a project 10 management committee composed of representatives 11 from the Bureau of Reclamation, the Bureau of In12 dian Affairs, and the Navajo Nation— 13 (A) to review cost factors and budgets for 14 construction, operation, and maintenance activi15 ties for the Navajo Groundwater Projects; 16 (B) to improve management of inherently 17 governmental functions through enhanced com18 munication; and 19 (C) to seek additional ways to reduce over20 all costs for the Navajo Groundwater Projects. 21 (9) A UTHORIZATION TO CONSTRUCT .— 22 (A) IN GENERAL .—The Secretary is au23 thorized to construct the Navajo Groundwater 24 Projects beginning on the day after the date on 25


• S 2109 IS which the Secretary publishes in the Federal 1 Register the statement of findings under section 2 108(a). 3 (B) PRECONSTRUCTION ACTIVITIES .—Not4 withstanding subparagraph (A), the Secretary 5 is authorized to use amounts appropriated to 6 the Navajo Groundwater Projects Account pur7 suant to section 104(a) to carry out prior to the 8 LCR enforceability date preconstruction activi9 ties for the Navajo Groundwater Projects. 10 (b) H OPI GROUNDWATER PROJECT .— 11 (1) IN GENERAL .—Subject to the availability of 12 appropriations, the Secretary, acting through the 13 Commissioner, shall plan, design, and construct the 14 water diversion and delivery features of the Hopi 15 Groundwater Project. 16 (2) L EAD AGENCY .—The Bureau of Reclama17 tion shall serve as the lead agency for any activity 18 relating to the planning, design, and construction of 19 the water diversion and delivery features of the Hopi 20 Groundwater Project. 21 (3) S COPE .— 22 (A) IN GENERAL .—Subject to subpara23 graph (B), the scope of the planning, design, 24 and construction activities for the Hopi 25


• S 2109 ISGroundwater Project shall be as generally de1 scribed in the document entitled ‘‘Hopi Tribe 2 2012 Little Colorado River Adjudication Settle3 ment Domestic, Commercial, Municipal and In4 dustrial Water System Memorandum (February 5 2012)’’ by Dowl HKM. 6 (B) REVIEW.— 7 (i) IN GENERAL .—Before beginning 8 construction activities, the Secretary 9
shall— 10 (I) review the proposed design of 11 the Hopi Groundwater Project; and 12 (II) carry out value engineering 13 analyses of the proposed design. 14 (ii) NEGOTIATIONS WITH THE HOPI 15

TRIBE .—As necessary, the Secretary shall 16 periodically negotiate and reach agreement 17 with the Hopi Tribe regarding any change 18 to the proposed design of the Hopi 19 Groundwater Project if, on the basis of the 20 review under clause (i), the Secretary de21 termines that a change is necessary— 22 (I) to meet applicable industry 23 standards; 24


• S 2109 IS (II) to ensure that the Hopi 1 Groundwater Project will be con2 structed for not more than the 3 amount set forth in paragraph (4); 4
and 5 (III) to improve the cost-effec6 tiveness of the delivery of water. 7 (4) F UNDING .— 8 (A) IN GENERAL .—The total amount of 9 obligations incurred by the Secretary in car10 rying out this subsection shall not exceed 11 $113,000,000, except that the total amount of 12 obligations shall be increased or decreased, as 13 appropriate, based on ordinary fluctuations 14 from May 1, 2011, in construction cost indices 15 applicable to the types of construction involved 16 in the planning, design, and construction of the 17 Hopi Groundwater Project. 18 (B) NO REIMBURSEMENT .—The Secretary 19 shall not be reimbursed by any entity, including 20 the Hopi Tribe, for any amounts expended by 21 the Secretary in carrying out this subsection. 22 (C) PROJECT EFFICIENCIES .—If the total 23 cost of planning, design, and construction ac24 tivities of the Hopi Groundwater Project results 25


• S 2109 ISin cost savings and is less than the amounts au1 thorized to be obligated under this paragraph, 2 the Secretary, at the request of the Hopi Tribe, 3
may— 4 (i) use those cost savings to carry out 5 capital improvement projects associated 6 with the Hopi Groundwater Project; or 7 (ii) transfer those cost savings to the 8 Hopi OM&R Trust Account. 9 (5) A PPLICABILITY OF THE ISDEAA.— 10 (A) IN GENERAL .—At the request of the 11 Hopi Tribe and in accordance with the Indian 12 Self-Determination and Education Assistance 13 Act (25 U.S.C. 450 et seq.), the Secretary shall 14 enter into 1 or more agreements with the Hopi 15 Tribe to carry out this subsection. 16 (B) A DMINISTRATION .—The Commissioner 17 and the Hopi Tribe shall negotiate the cost of 18 any oversight activity carried out by the Bureau 19 of Reclamation for an agreement entered into 20 under subparagraph (A), subject to the condi21 tion that the total cost for the oversight shall 22 not exceed 4.0 percent of the total costs of the 23 Hopi Groundwater Project. 24 (6) T ITLE TO HOPI GROUNDWATER PROJECT .— 25


• S 2109 IS (A) IN GENERAL .—The Secretary shall 1 convey to the Hopi Tribe title to the Hopi 2 Groundwater Project on the date on which the 3 Secretary issues a notice of substantial comple4 tion that— 5 (i) the infrastructure constructed is 6 capable of storing, diverting, treating, 7 transmitting, and distributing a supply of 8 water as generally set forth in the final 9 project design described in paragraph (3); 10
and 11 (ii) the Secretary has consulted with 12 the Hopi Tribe regarding the proposed 13 finding that the Hopi Groundwater Project 14 is substantially complete. 15 (B) L IMITATION ON LIABILITY .—Effective 16 beginning on the date on which the Secretary 17 transfers to the Hopi Tribe title to the Hopi 18 Groundwater Project under subparagraph (A), 19 the United States shall not be held liable by 20 any court for damages arising out of any act, 21 omission, or occurrence relating to the facilities 22 transferred, other than damages caused by an 23 intentional act or an act of negligence com24 mitted by the United States, or by employees or 25


• S 2109 ISagents of the United States, prior to the date 1 on which the Secretary transfers title to the 2 Hopi Groundwater Project to the Hopi Tribe. 3 (C) OM&R OBLIGATION OF THE UNITED 4

STATES AFTER CONVEYANCE .—The United 5 States shall have no obligation to pay for the 6 OM&R costs of the Hopi Groundwater Project 7 beginning on the date on which— 8 (i) title to the Hopi Groundwater 9 Project is transferred to the Hopi Tribe; 10
and 11 (ii) the amounts required to be depos12 ited in the Hopi OM&R Trust Account 13 pursuant to section 104(d) have been de14 posited in that account. 15 (7) T ECHNICAL ASSISTANCE .—Subject to the 16 availability of appropriations, the Secretary shall 17 provide technical assistance, including operation and 18 management training, to the Hopi Tribe to prepare 19 the Hopi Tribe for the operation of the Hopi 20 Groundwater Project. 21 (8) PROJECT MANAGEMENT COMMITTEE .—The 22 Secretary shall facilitate the formation of a project 23 management committee composed of representatives 24


• S 2109 ISfrom the Bureau of Reclamation, the Bureau of In1 dian Affairs, and the Hopi Tribe— 2 (A) to review cost factors and budgets for 3 construction, operation, and maintenance activi4 ties for the Hopi Groundwater Project; 5 (B) to improve management of inherently 6 governmental activities through enhanced com7 munication; and 8 (C) to seek additional ways to reduce over9 all costs for the Hopi Groundwater Project. 10 (9) A UTHORIZATION TO CONSTRUCT .— 11 (A) IN GENERAL .—The Secretary is au12 thorized to construct the Hopi Groundwater 13 Project beginning on the day after the date on 14 which the Secretary publishes in the Federal 15 Register the statement of findings under section 16 108(a). 17 (B) PRECONSTRUCTION ACTIVITIES .—Not18 withstanding subparagraph (A), the Secretary 19 is authorized to use amounts appropriated to 20 the Hopi Groundwater Project Account pursu21 ant to section 104(c) to carry out prior to the 22 LCR enforceability date preconstruction activi23 ties for the Hopi Groundwater Project. 24 (c) N-AQUIFER M ANAGEMENT PLAN .— 25


• S 2109 IS (1) IN GENERAL .—Prior to the LCR enforce1 ability date, the Secretary, acting through the Direc2 tor of the United States Geological Survey and in 3 consultation with the Navajo Nation and the Hopi 4 Tribe, is authorized to use amounts appropriated to 5 the N-Aquifer Account pursuant to section 104(e) to 6 conduct modeling and monitoring activities of the N7 Aquifer as provided for in paragraph 6.2 of the set8 tlement agreement. 9 (2) C ONTINUING ASSISTANCE .—After the LCR 10 enforceability date, the Secretary, in consultation 11 with the Navajo Nation and the Hopi Tribe, is au12 thorized to use amounts appropriated to the N-Aqui13 fer Account pursuant to section 104(e) to assist the 14 Navajo Nation and the Hopi Tribe in implementing 15 the N-Aquifer Management Plan and the Pasture 16 Canyon Springs Protection Program Account pursu17 ant to section 104(f) to assist the Navajo Nation 18 and the Hopi Tribe in implementing the Pasture 19 Canyon Springs Protection Program, both as de20 scribed in paragraph 6.2 of the settlement agree21
ment. 22 (3) L IMITED LIABILITY .—The Secretary shall 23 have no liability with respect to the management of 24 the N-Aquifer, subject to the condition that the Sec25


• S 2109 ISretary complies with the responsibilities of the Sec1 retary, as set forth in the N-Aquifer Management 2
Plan. 3

SEC. 104. FUNDING. 4 (a) N AVAJO GROUNDWATER PROJECTS ACCOUNT .— 5 (1) E STABLISHMENT .—There is established in 6 the Treasury of the United States an account, to be 7 known as the ‘‘Navajo Groundwater Projects Ac8 count’’, to be administered by the Secretary, con9 sisting of the amounts deposited in the account 10 under paragraph (2), together with any interest ac11 crued by those amounts, for use by the Navajo Na12 tion in constructing the Navajo Groundwater 13 Projects. 14 (2) T RANSFERS TO ACCOUNT .— 15 (A) IN GENERAL .—Subject to subpara16 graph (C), there are authorized to be appro17 priated to the Secretary for deposit in the Nav18 ajo Groundwater Projects Account— 19 (i) $199,000,000, to remain available 20 until expended; less 21 (ii) the amounts deposited in the ac22 count under subparagraph (B). 23 (B) T RANSFERS FROM OTHER SOURCES .— 24


• S 2109 IS (i) L OWER COLORADO RIVER BASIN 1

DEVELOPMENT FUND .— 2 (I) IN GENERAL .—The Secretary 3 of the Treasury shall transfer, without 4 further appropriation, $25,000,000 to 5 the Navajo Groundwater Projects Ac6 count from the Future Indian Water 7 Settlement Subaccount of the Lower 8 Colorado River Basin Development 9 Fund established pursuant to section 10 403(f)(2)(D)(vi) of the Colorado River 11 Basin Project Act (43 U.S.C. 12 1543(f)(2)(D)(vi)). 13 (II) A VAILABILITY .—The 14 amounts transferred under subclause 15 (I) shall not be available to the Sec16 retary for expenditure until the date 17 on which the Secretary publishes in 18 the Federal Register the statement of 19 findings under section 108(a). 20 (ii) RECLAMATION WATER SETTLE

21

MENTS FUND .— 22 (I) IN GENERAL .—If amounts re23 main available for expenditure in the 24 Reclamation Water Settlements Fund 25


• S 2109 IS established by section 10501 of the 1 Omnibus Public Land Management 2 Act of 2009 (43 U.S.C. 407), the Sec3 retary of the Treasury shall transfer 4 to the Navajo Groundwater Projects 5 Account, without further appropria6 tion, not more than $50,000,000. 7 (II) A VAILABILITY .—The 8 amounts transferred under subclause 9 (I) shall not be available to the Sec10 retary for expenditure until the date 11 on which the Secretary publishes in 12 the Federal Register the statement of 13 findings under section 108(a). 14 (iii) S TATE CONTRIBUTION .—Pursu15 ant to subparagraph 13.22 of the settle16 ment agreement, the State shall transfer to 17 the Navajo Groundwater Projects Account 18 $1,000,000. 19 (C) F LUCTUATION IN DEVELOPMENT 20

COSTS .—The amount authorized to be appro21 priated under subparagraph (A)(i) and depos22 ited in the Navajo Groundwater Projects Ac23 count shall be increased or decreased, as appro24 priate, by such amounts as may be justified by 25


• S 2109 ISreason of ordinary fluctuations in development 1 costs occurring after May 1, 2011, as indicated 2 by engineering cost indices applicable to the 3 type of construction involved, until the Sec4 retary declares that the Navajo Groundwater 5 Projects are substantially complete. 6 (3) M ANAGEMENT OF ACCOUNT .— 7 (A) IN GENERAL .—The Secretary shall 8 manage the Navajo Groundwater Projects Ac9 count in a manner that is consistent with— 10 (i) the American Indian Trust Fund 11 Management Reform Act of 1994 (25 12 U.S.C. 4001 et seq.); and 13 (ii) this subsection. 14 (B) INVESTMENTS .—The Secretary shall 15 invest amounts in the Navajo Groundwater 16 Projects Account in accordance with— 17 (i) the Act of April 1, 1880 (25 18 U.S.C. 161); 19 (ii) the first section of the Act of June 20 24, 1938 (25 U.S.C. 162a); and 21 (iii) obligations of Federal corpora22 tions and Federal Government-sponsored 23 entities, the charter documents of which 24 provide that the obligations of the entities 25


• S 2109 IS are lawful investments for federally man1 aged funds, including— 2 (I) obligations of the United 3 States Postal Service described in sec4 tion 2005 of title 39, United States 5 Code; 6 (II) bonds and other obligations 7 of the Tennessee Valley Authority de8 scribed in section 15d of the Ten9 nessee Valley Authority Act of 1933 10 (16 U.S.C. 831n–4); 11 (III) mortgages, obligations, or 12 other securities of the Federal Home 13 Loan Mortgage Corporation described 14 in section 303 of the Federal Home 15 Loan Mortgage Corporation Act (12 16 U.S.C. 1452); and 17 (IV) bonds, notes, or debentures 18 of the Commodity Credit Corporation 19 described in section 4 of the Act of 20 March 8, 1938 (15 U.S.C. 713a–4). 21 (C) C REDITS TO ACCOUNT .—The interest 22 on, and the proceeds from, the sale or redemp23 tion of, any obligations held in the Navajo 24


• S 2109 ISGroundwater Projects Account shall be credited 1 to, and form a part of, the account. 2 (4) A VAILABILITY OF AMOUNTS AND INVEST

3

MENT EARNINGS .— 4 (A) IN GENERAL .—Except as provided in 5 section 103(a)(9), amounts appropriated to and 6 deposited in the Navajo Groundwater Projects 7 Account shall not be available to the Secretary 8 for expenditure until the date on which the Sec9 retary publishes in the Federal Register the 10 statement of findings under section 108(a). 11 (B) INVESTMENT EARNINGS .—Investment 12 earnings on amounts deposited in the Navajo 13 Groundwater Projects Account under paragraph 14 (3) shall not be available to the Secretary for 15 expenditure until the date on which the Sec16 retary publishes in the Federal Register the 17 statement of findings under section 108(a). 18 (b) N AVAJO OM&R T RUST ACCOUNT .— 19 (1) E STABLISHMENT .—There is established in 20 the Treasury of the United States a trust account, 21 to be known as the ‘‘Navajo OM&R Trust Account’’, 22 to be administered by the Secretary and to be avail23 able until expended, consisting of the amounts de24 posited in the account under paragraph (2), together 25


• S 2109 IS with any interest accrued by those amounts, for the 1 OM&R of the Navajo Groundwater Projects. 2 (2) A UTHORIZATION OF APPROPRIATIONS .— 3 (A) IN GENERAL .—Subject to subpara4 graph (B) and in addition to any amounts 5 transferred to the Navajo OM&R Trust Ac6 count pursuant to section 103(a)(4), there is 7 authorized to be appropriated, deposited, and 8 retained in the Navajo OM&R Trust Account, 9 $23,000,000. 10 (B) F LUCTUATION IN COSTS .—The 11 amount authorized to be appropriated under 12 subparagraph (A) shall be increased or de13 creased, as appropriate, by such amounts as 14 may be justified by reason of ordinary fluctua15 tions in costs occurring after May 1, 2011, as 16 indicated by applicable engineering cost indices. 17 (3) M ANAGEMENT OF ACCOUNT .— 18 (A) IN GENERAL .—The Secretary shall 19 manage the Navajo OM&R Trust Account in a 20 manner that is consistent with— 21 (i) the American Indian Trust Fund 22 Management Reform Act of 1994 (25 23 U.S.C. 4001 et seq.); and 24 (ii) this subsection. 25


• S 2109 IS (B) INVESTMENTS .—The Secretary shall 1 invest amounts in the Navajo OM&R Trust Ac2 count in accordance with subsection (a)(3)(B). 3 (4) A VAILABILITY OF AMOUNTS .—Amounts ap4 propriated to and deposited in the Navajo OM&R 5 Trust Account, including any investment earnings, 6 shall be made available to the Navajo Nation by the 7 Secretary beginning on the date on which title to the 8 Navajo Groundwater Projects is transferred to the 9 Navajo Nation. 10 (c) H OPI GROUNDWATER PROJECT ACCOUNT .— 11 (1) E STABLISHMENT .—There is established in 12 the Treasury of the United States an account, to be 13 known as the ‘‘Hopi Groundwater Project Account’’, 14 to be administered by the Secretary, and consisting 15 of the amounts deposited in the account under para16 graph (2), together with any interest accrued by 17 those amounts, for use in constructing the Hopi 18 Groundwater Project. 19 (2) T RANSFERS TO ACCOUNT .— 20 (A) IN GENERAL .—Subject to subpara21 graphs (C), there is authorized to be appro22 priated to the Secretary for deposit in the Hopi 23 Groundwater Project Account— 24


• S 2109 IS (i) $113,000,000, to remain available 1 until expended; less 2 (ii) the amounts deposited in the ac3 count under subparagraph (B). 4 (B) T RANSFERS FROM OTHER SOURCES .— 5 (i) L OWER COLORADO RIVER BASIN 6

DEVELOPMENT FUND .— 7 (I) IN GENERAL .—The Secretary 8 of the Treasury shall transfer, without 9 further appropriation, $25,000,000 to 10 the Hopi Groundwater Project Ac11 count from the Future Indian Water 12 Settlement Subaccount of the Lower 13 Colorado River Basin Development 14 Fund established pursuant to section 15 403(f)(2)(D)(vi) of the Colorado River 16 Basin Project Act (43 U.S.C. 17 1543(f)(2)(D)(vi)). 18 (II) A VAILABILITY .—The 19 amounts transferred under subclause 20 (I) shall not be available to the Sec21 retary for expenditure until the date 22 on which the Secretary publishes in 23 the Federal Register the statement of 24 findings under section 108(a). 25


• S 2109 IS (ii) S TATE CONTRIBUTION .—Pursuant 1 to subparagraph 13.22 of the settlement 2 agreement, the State shall transfer to the 3 Hopi Groundwater Project Account 4 $1,000,000. 5 (C) F LUCTUATION IN DEVELOPMENT 6

COSTS .—The amount authorized to be appro7 priated under subparagraph (A)(i) shall be in8 creased or decreased, as appropriate, by such 9 amounts as may be justified by reason of ordi10 nary fluctuations in development costs occur11 ring after May 1, 2011, as indicated by engi12 neering cost indices applicable to the type of 13 construction involved, until the Secretary de14 clares that the Hopi Groundwater Project is 15 substantially complete. 16 (3) M ANAGEMENT OF ACCOUNT .— 17 (A) IN GENERAL .—The Secretary shall 18 manage the Hopi Groundwater Project Account 19 in a manner that is consistent with— 20 (i) the American Indian Trust Fund 21 Management Reform Act of 1994 (25 22 U.S.C. 4001 et seq.); and 23 (ii) this subsection. 24


• S 2109 IS (B) INVESTMENTS .—The Secretary shall 1 invest amounts in the Hopi Groundwater 2 Project Account in accordance with subsection 3 (a)(3)(B). 4 (C) C REDITS TO ACCOUNT .—The interest 5 on, and the proceeds from, the sale or redemp6 tion of, any obligations held in the Hopi 7 Groundwater Project Account shall be credited 8 to, and form a part of, the account. 9 (4) A VAILABILITY OF AMOUNTS AND INVEST

10

MENT EARNINGS .— 11 (A) IN GENERAL .—Except as provided in 12 section 103(b)(9), amounts appropriated to and 13 deposited in the Hopi Groundwater Project Ac14 count shall not be available to the Secretary for 15 expenditure until the date on which the Sec16 retary publishes findings under section 108(a). 17 (B) INVESTMENT EARNINGS .—Investment 18 earnings on amounts deposited in the Hopi 19 Groundwater Project Account under paragraph 20 (3) shall not be available to the Secretary for 21 expenditure until after the date on which the 22 Secretary publishes in the Federal Register the 23 statement of findings under section 108(a). 24 (d) H OPI OM&R T RUST ACCOUNT .— 25


• S 2109 IS (1) E STABLISHMENT .—There is established in 1 the Treasury of the United States a trust account, 2 to be known as the ‘‘Hopi OM&R Trust Account’’, 3 to be administered by the Secretary and to be avail4 able until expended, consisting of the amounts de5 posited in the account under paragraph (2), together 6 with any interest accrued by those amounts, for the 7 OM&R of the Hopi Groundwater Project. 8 (2) A UTHORIZATION OF APPROPRIATIONS .— 9 (A) IN GENERAL .—Subject to subpara10 graph (B) and in addition to any amounts 11 transferred to the Hopi OM&R Trust Account 12 pursuant to section 103(b)(4), there is author13 ized to be appropriated, deposited, and retained 14 in the Hopi OM&R Trust Account, $5,000,000. 15 (B) F LUCTUATION IN COSTS .—The 16 amount authorized to be appropriated under 17 subparagraph (A) shall be increased or de18 creased, as appropriate, by such amounts as 19 may be justified by reason of ordinary fluctua20 tions in costs occurring after May 1, 2011, as 21 indicated by applicable engineering cost indices. 22 (3) M ANAGEMENT OF ACCOUNT .— 23


• S 2109 IS (A) IN GENERAL .—The Secretary shall 1 manage the Hopi OM&R Trust Account in a 2 manner that is consistent with— 3 (i) the American Indian Trust Fund 4 Management Reform Act of 1994 (25 5 U.S.C. 4001 et seq.); and 6 (ii) this subsection. 7 (B) INVESTMENTS .—The Secretary shall 8 invest amounts in the Hopi OM&R Trust Ac9 count in accordance with subsection (a)(3)(B). 10 (4) A VAILABILITY OF AMOUNTS .—Amounts ap11 propriated to and deposited in the Hopi OM&R 12 Trust Account, including any investment earnings, 13 shall be made available to the Hopi Tribe by the 14 Secretary beginning on the date on which title to the 15 Hopi Groundwater Project is transferred to the 16 Hopi Tribe. 17 (e) N-AQUIFER ACCOUNT .— 18 (1) E STABLISHMENT .—There is established in 19 the Treasury of the United States an account, to be 20 known as the ‘‘N-Aquifer Account’’, to be adminis21 tered by the Secretary and to be available until ex22 pended, consisting of the amounts deposited in the 23 account under paragraph (2) to carry out activities 24 relating to the N-Aquifer in accordance with section 25


• S 2109 IS 103(c) and subparagraph 6.2 of the settlement 1 agreement. 2 (2) A UTHORIZATION OF APPROPRIATIONS FOR 3

N

-AQUIFER MANAGEMENT PLAN .— 4 (A) IN GENERAL .—In addition to any 5 amounts transferred to the Aquifer account 6 pursuant to subsection (g), there is authorized 7 to be appropriated, deposited, and retained to 8 carry out section 103(c) and subparagraph 6.2 9 of the settlement agreement $5,000,000. 10 (B) F LUCTUATIONS IN COSTS .—The 11 amount authorized to be appropriated under 12 subparagraph (A) shall be increased or de13 creased, as appropriate, by such amounts as 14 may be justified by reason of ordinary fluctua15 tions in costs occurring after May 1, 2011, as 16 indicated by applicable engineering cost indices. 17 (3) A VAILABILITY .—Amounts appropriated to 18 and deposited in the N-Aquifer Account shall be 19 made available by the Secretary prior to the LCR 20 enforceability date to carry out the activities relating 21 to the N-Aquifer management plan in accordance 22 with section 103(c)(1) and subparagraph 6.2 of the 23 settlement agreement. 24


• S 2109 IS (f) P ASTURE CANYON SPRINGS PROTECTION PRO

1

GRAM ACCOUNT .— 2 (1) E STABLISHMENT .—There is established in 3 the Treasury of the United States a trust account, 4 to be known as the ‘‘Pasture Canyon Springs Pro5 tection Program Account’’, to be administered by 6 the Secretary and to be available until expended, 7 consisting of the amounts deposited in the account 8 under paragraph (2), together with any interest ac9 crued by those amounts, to carry out activities relat10 ing to the Pasture Canyon Springs Protection Pro11 gram in accordance with section 103(c) and sub12 paragraph 6.2 of the settlement agreement. 13 (2) A UTHORIZATION OF APPROPRIATION FOR 14

PASTURE CANYON SPRINGS PROTECTION PRO

15

GRAM .— 16 (A) IN GENERAL .—There is authorized to 17 be appropriated to carry out activities relating 18 to the Pasture Canyon Springs Protection Pro19 gram in accordance with section 103(c)(2) and 20 to implement the Pasture Canyon Springs Pro21 tection Program provisions of subparagraph 6.2 22 of the settlement agreement $10,400,000. 23 (B) F LUCTUATIONS IN COSTS .—The 24 amount authorized to be appropriated under 25


• S 2109 ISsubparagraph (A) shall be increased or de1 creased, as appropriate, by such amounts as 2 may be justified by reason of ordinary fluctua3 tions in costs occurring after May 1, 2011, as 4 indicated by applicable engineering cost indices. 5 (3) M ANAGEMENT OF ACCOUNT .— 6 (A) IN GENERAL .—The Secretary shall 7 manage the Pasture Canyon Springs Protection 8 Program Account in a manner that is con9 sistent with— 10 (i) the American Indian Trust Fund 11 Management Reform Act of 1994 (25 12 U.S.C. 4001 et seq.); and 13 (ii) this subsection. 14 (B) INVESTMENTS .—The Secretary shall 15 invest amounts in the Pasture Canyon Springs 16 Protection Program Account in accordance with 17 subsection (a)(3)(B). 18 (4) A VAILABILITY .—Amounts made available 19 under this subsection shall not be available to the 20 Secretary for expenditure until the date on which 21 the Secretary publishes in the Federal Register the 22 statement of findings under section 108(a). 23 (g) T RANSFER OF F UNDS .— 24


• S 2109 IS (1) N AVAJO NATION .—The Secretary may, 1 upon request of the Navajo Nation, transfer 2 amounts from an account established by subsections 3 (a) and (b) to any other account established by this 4 section. 5 (2) H OPI TRIBE .—The Secretary may, upon re6 quest of the Hopi Tribe, transfer amounts from an 7 account established by subsections (c), (d), and (f) 8 to any other account established by this section. 9 (3) A VAILABILITY .— 10 (A) IN GENERAL .—The Secretary shall not 11 transfer amounts under this subsection until 12 the day after the date on which the Secretary 13 publishes in the Federal Register the statement 14 of findings under section 108(a). 15 (B) A VAILABLE UNTIL EXPENDED .—Any 16 amounts transferred under this subsection shall 17 remain available until expended. 18 (h) O FFSET .—To the extent necessary, the Secretary 19 shall offset any direct spending authorized and any inter20 est earned on amounts expended pursuant to this section 21 using such additional amounts as may be made available 22 to the Secretary for the applicable fiscal year. 23


• S 2109 IS SEC. 105. WAIVERS, RELEASES, AND RETENTIONS OF 1

CLAIMS. 2 (a) N AVAJO N ATION W AIVERS , RELEASES , AND RE

3

TENTIONS OF C LAIMS .— 4 (1) C LAIMS AGAINST THE STATE AND OTH

5

ERS .— 6 (A) IN GENERAL .—Except as provided in 7 subparagraph (C), the Navajo Nation, on behalf 8 of itself and the members of the Navajo Nation 9 (but not members in their capacity as allottees), 10 and the United States, acting as trustee for the 11 Navajo Nation and the members of the Navajo 12 Nation (but not members in their capacity as 13 allottees), as part of the performance of the re14 spective obligations of the Navajo Nation and 15 the United States under the settlement agree16 ment, are authorized to execute a waiver and 17 release of any claims against the State (or any 18 agency or political subdivision of the State), the 19 Hopi Tribe, or any other person, entity, cor20 poration or municipal corporation under Fed21 eral, State or other law for all— 22 (i) past, present, and future claims for 23 water rights for Navajo land and land of 24 the Navajo Nation outside of the State, 25 whether held in fee or held in trust by the 26


• S 2109 IS United States on behalf of the Navajo Na1 tion, arising from time immemorial and, 2 thereafter, forever; 3 (ii) past, present, and future claims 4 for water rights arising from time imme5 morial and, thereafter, forever, that are 6 based on aboriginal occupancy of land both 7 within and outside of the State by the 8 Navajo Nation, the members of the Navajo 9 Nation, or their predecessors; 10 (iii) past and present claims for injury 11 to water rights and injury to water quality 12 for Navajo land and land of the Navajo 13 Nation outside of the State, whether held 14 in fee or held in trust by the United States 15 on behalf of the Navajo Nation, arising 16 from time immemorial through the LCR 17 enforceability date; 18 (iv) past, present, and future claims 19 for injury to water rights and injury to 20 water quality arising from time immemo21 rial and, thereafter, forever, that are based 22 on aboriginal occupancy of land both with23 in and outside of the State by the Navajo 24


• S 2109 IS Nation, the members of the Navajo Na1 tion, or their predecessors; 2 (v) claims for injury to water rights 3 and injury to water quality arising after 4 the LCR enforceability date for Navajo 5 land and land of the Navajo Nation out6 side of the State, whether held in fee or 7 held in trust by the United States on be8 half of the Navajo Nation, resulting from 9 the diversion or use of water in a manner 10 not in violation of the settlement agree11 ment; and 12 (vi) past, present, and future claims 13 arising out of, or relating in any manner 14 to, the negotiation, execution, or adoption 15 of the settlement agreement, an applicable 16 settlement judgment or decree, or this Act. 17 (B) E FFECTIVE DATE .—The waiver and 18 release of claims under subparagraph (A) shall 19 be effective on the LCR enforceability date. 20 (C) RETENTION OF CLAIMS .—The Navajo 21 Nation, on behalf of itself and the members of 22 the Navajo Nation (but not members in their 23 capacity as allottees), and the United States, 24 acting as trustee for the Navajo Nation and the 25


• S 2109 ISmembers of the Navajo Nation (but not mem1 bers in their capacity as allottees), shall retain 2 all rights not expressly waived under subpara3 graph (A), including any right— 4 (i) subject to subparagraph 13.14 of 5 the settlement agreement— 6 (I) to assert claims of rights to 7 upper basin water for Navajo land; 8
and 9 (II) to assert claims of rights to 10 upper basin water that are based on 11 aboriginal occupancy of land within 12 the upper basin by the Navajo Nation, 13 the members of the Navajo Nation, or 14 their predecessors; 15 (ii) subject to subparagraphs 6.3 and 16 13.8 of the settlement agreement, to assert 17 claims for injuries to, and seek enforce18 ment of, the rights of the Navajo Nation 19 under the settlement agreement or this 20 Act, in any Federal or State court of com21 petent jurisdiction; 22 (iii) to assert claims for injuries to, 23 and seek enforcement of, the rights of the 24 Navajo Nation under the LCR decree; 25


• S 2109 IS (iv) to assert claims for injuries to, 1 and seek enforcement of, the rights of the 2 Navajo Nation under the Gila River Adju3 dication decree; 4 (v) to participate in the LCR adju5 dication to the extent provided in the set6 tlement agreement; 7 (vi) to participate in the Gila River 8 adjudication to the extent provided in sub9 paragraphs 4.12, 4.13 and 4.14 of the set10 tlement agreement; 11 (vii) except as provided in the settle12 ment agreement, to object to any claims 13 for water rights, injury to water rights, or 14 injury to water quality by or for any In15 dian tribe or the United States on behalf 16 of the Indian tribe; 17 (viii) except as provided in the settle18 ment agreement, to assert past, present, or 19 future claims for injury to water rights, in20 jury to water quality, or any other claims 21 other than a claim for water rights, 22 against any Indian tribe or the United 23 States on behalf of the Indian tribe; 24


• S 2109 IS (ix) to assert past, present, or future 1 claims for rights to Lower Colorado River 2 water, injury to rights to Lower Colorado 3 River water, or injury to quality of Lower 4 Colorado River water for Navajo land; and 5 (x) to assert past, present, or future 6 claims for rights to Lower Colorado River 7 water, injury to rights to Lower Colorado 8 River water, or injury to quality of Lower 9 Colorado River water that are based on ab10 original occupancy of land by the Navajo 11 Nation, the members of the Navajo Na12 tion, or their predecessors. 13 (2) C LAIMS AGAINST THE UNITED STATES .— 14 (A) IN GENERAL .—Except as provided in 15 subparagraph (C), the Navajo Nation, on behalf 16 of itself and the members of the Navajo Nation 17 (but not members in their capacity as allottees), 18 as part of the performance of the obligations of 19 the Navajo Nation under the settlement agree20 ment, is authorized to execute a waiver and re21 lease of any claims against the United States 22 (or agencies, officials, or employees of the 23 United States) under Federal, State, or other 24 law for all— 25


• S 2109 IS (i) past, present, and future claims for 1 water rights for Navajo land and land of 2 the Navajo Nation outside of the State, 3 whether held in fee or held in trust by the 4 United States on behalf of the Navajo Na5 tion, arising from time immemorial and, 6 thereafter, forever; 7 (ii) past, present, and future claims 8 for water rights arising from time imme9 morial and, thereafter, forever, that are 10 based on aboriginal occupancy of land both 11 within and outside of the State by the 12 Navajo Nation, the members of the Navajo 13 Nation, or their predecessors; 14 (iii) past and present claims for injury 15 to water rights and injury to water quality 16 for Navajo land and land of the Navajo 17 Nation outside of the State, whether held 18 in fee or held in trust by the United States 19 on behalf of the Navajo Nation, arising 20 from time immemorial through the LCR 21 enforceability date; 22 (iv) past, present, and future claims 23 for injury to water rights and injury to 24 water quality arising from time immemo25


• S 2109 IS rial and, thereafter, forever, that are based 1 on aboriginal occupancy of land both with2 in and outside of the State by the Navajo 3 Nation, the members of the Navajo Na4 tion, or their predecessors; 5 (v) claims for injury to water rights 6 and injury to water quality arising after 7 the LCR enforceability date for Navajo 8 land and land of the Navajo Nation out9 side of the State, whether held in fee or 10 held in trust by the United States on be11 half of the Navajo Nation, resulting from 12 the diversion or use of water in a manner 13 not in violation of the settlement agree14 ment; 15 (vi) past, present, and future claims 16 arising out of, or relating in any manner 17 to, the negotiation, execution, or adoption 18 of the settlement agreement, an applicable 19 settlement judgment or decree, or this Act; 20 (vii) past, present, and future claims 21 for failure to protect, acquire, or develop 22 water rights for or on behalf of the Navajo 23 Nation and the members of the Navajo 24


• S 2109 IS Nation arising from time immemorial and, 1 thereafter, forever; 2 (viii) past, present, and future claims 3 relating to failure to assert any claims au4 thorized to be waived under this sub5 section; 6 (ix) claims for the OM&R costs of the 7 Navajo Groundwater Projects, which shall 8 be effective on the date on which the Sec9 retary transfers title to, and OM&R re10 sponsibility for, the Navajo Groundwater 11 Projects to the Navajo Nation; 12 (x) claims in the case styled The Nav13 ajo Nation v. United States Department of 14 the Interior, Case No. CV–03–0507–PCT– 15 PGR, pending in the United States Dis16 trict Court for the District of Arizona, in17 cluding all claims based on the facts al18 leged in the complaint filed in the action, 19 except any claim that is dismissed without 20 prejudice pursuant to section 108(a)(14); 21
and 22 (xi) past and present claims relating 23 in any manner to damages, losses, or inju24 ries to water, water rights, land, or other 25


• S 2109 IS resources due to loss of water or water 1 rights (including damages, losses, or inju2 ries to hunting, fishing, gathering, or cul3 tural rights due to loss of water or water 4 rights, claims relating to interference with, 5 diversion, or taking of water, or claims re6 lating to failure to protect, acquire, or de7 velop water, water rights, or water infra8 structure) within the reservation and off9 reservation trust land that first accrued at 10 any time prior to the LCR enforceability 11
date. 12 (B) E FFECTIVE DATE .—Except as pro13 vided in subparagraph (A)(ix), the waiver and 14 release of claims under subparagraph (A) shall 15 be effective on the LCR enforceability date. 16 (C) RETENTION OF CLAIMS .—The Navajo 17 Nation and the members of the Navajo Nation 18 (but not members in their capacity as allottees) 19 shall retain all rights not expressly waived in 20 under subparagraph (A), including any right— 21 (i) subject to subparagraph 13.14 of 22 the settlement agreement— 23


• S 2109 IS (I) to assert claims of rights to 1 upper basin water for Navajo land; 2
and 3 (II) to assert claims of rights to 4 upper basin water that are based on 5 aboriginal occupancy of land within 6 the upper basin by the Navajo Nation, 7 the members of the Navajo Nation, or 8 their predecessors; 9 (ii) subject to subparagraph 13.8 of 10 the settlement agreement, to assert claims 11 for injuries to, and seek enforcement of, 12 the rights of the Navajo Nation under the 13 settlement agreement or this Act in any 14 Federal or State court of competent juris15 diction; 16 (iii) to assert claims for injuries to, 17 and seek enforcement of, the rights of the 18 Navajo Nation under the LCR decree; 19 (iv) to assert claims for injuries to, 20 and seek enforcement of, the rights of the 21 Navajo Nation under the Gila River adju22 dication decree; 23


• S 2109 IS (v) to participate in the LCR adju1 dication to the extent provided in the set2 tlement agreement; 3 (vi) to participate in the Gila River 4 adjudication to the extent provided in sub5 paragraphs 4.12, 4.13, and 4.14 of the set6 tlement agreement; 7 (vii) except as provided in the settle8 ment agreement, to object to any claims 9 for water rights, injury to water rights, or 10 injury to water quality by or for any In11 dian tribe or the United States on behalf 12 of the Indian tribe; 13 (viii) except as provided in the settle14 ment agreement, to assert past, present, or 15 future claims for injury to water rights, in16 jury to water quality, or any other claims 17 other than a claim for water rights, 18 against any Indian tribe or the United 19 States on behalf of the Indian tribe; 20 (ix) to assert past, present, or future 21 claims for rights to Lower Colorado River 22 water, injury to rights to Lower Colorado 23 River water, or injury to quality of Lower 24 Colorado River water for Navajo land; and 25


• S 2109 IS (x) to assert past, present, or future 1 claims for rights to Lower Colorado River 2 water, injury to rights to Lower Colorado 3 River water, or injury to quality of Lower 4 Colorado River water that are based on ab5 original occupancy of land by the Navajo 6 Nation, the members of the Navajo Na7 tion, or their predecessors. 8 (b) H OPI T RIBE W AIVERS , RELEASES , AND RETEN

9

TIONS OF C LAIMS .— 10 (1) C LAIMS AGAINST THE STATE AND OTH

11

ERS .— 12 (A) IN GENERAL .—Except as provided in 13 subparagraph (C), the Hopi Tribe, on behalf of 14 itself and the members of the Hopi Tribe (but 15 not members in their capacity as allottees), and 16 the United States, acting as trustee for the 17 Hopi Tribe and the members of the Hopi Tribe 18 (but not members in their capacity as allottees), 19 as part of the performance of the respective ob20 ligations of the Hopi Tribe and the United 21 States under the settlement agreement, are au22 thorized to execute a waiver and release of any 23 claims against the State (or any agency or po24 litical subdivision of the State), the Navajo Na25


• S 2109 IStion, or any other person, entity, corporation, or 1 municipal corporation under Federal, State, or 2 other law for all— 3 (i) past, present, and future claims for 4 water rights for Hopi land arising from 5 time immemorial and, thereafter, forever; 6 (ii) past, present, and future claims 7 for water rights arising from time imme8 morial and, thereafter, forever, that are 9 based on aboriginal occupancy of land by 10 the Hopi Tribe, the members of the Hopi 11 Tribe, or their predecessors; 12 (iii) past and present claims for injury 13 to water rights and injury to water quality 14 for Hopi land arising from time immemo15 rial through the LCR enforceability date; 16 (iv) past, present, and future claims 17 for injury to water rights and injury to 18 water quality arising from time immemo19 rial and, thereafter, forever, that are based 20 on aboriginal occupancy of land by the 21 Hopi Tribe, the members of the Hopi 22 Tribe, or their predecessors; 23 (v) claims for injury to water rights 24 and injury to water quality arising after 25


• S 2109 IS the LCR enforceability date for Hopi land 1 resulting from the diversion or use of 2 water in a manner not in violation of the 3 settlement agreement; and 4 (vi) past, present, and future claims 5 arising out of, or relating in any manner 6 to, the negotiation, execution, or adoption 7 of the settlement agreement, an applicable 8 settlement judgment or decree, or this Act. 9 (B) E FFECTIVE DATE .—The waiver and 10 release of claims under subparagraph (A) shall 11 be effective on the LCR enforceability date. 12 (C) RETENTION OF CLAIMS .—The Hopi 13 Tribe on behalf of itself and the members of the 14 Hopi Tribe (but not members in their capacity 15 as allottees), and the United States, acting as 16 trustee for the Hopi Tribe and the members of 17 the Hopi Tribe (but not members in their ca18 pacity as allottees), shall retain all rights not 19 expressly waived under subparagraph (A), in20 cluding any right— 21 (i) to assert claims for injuries to, and 22 seek enforcement of, the rights of the Hopi 23 Tribe under the Norviel Decree, as set 24 forth in the abstracts required pursuant to 25


• S 2109 IS subparagraph 5.4.1 of the settlement 1 agreement; 2 (ii) subject to subparagraphs 6.3 and 3 13.8 of the settlement agreement, to assert 4 claims for injuries to, and seek enforce5 ment of, the rights of the Hopi Tribe 6 under the settlement agreement or this 7 Act, in any Federal or State court of com8 petent jurisdiction; 9 (iii) to assert claims for injuries to, 10 and seek enforcement of, the rights of the 11 Hopi Tribe under the LCR decree; 12 (iv) to participate in the LCR adju13 dication to the extent provided in the set14 tlement agreement; 15 (v) except as provided in the settle16 ment agreement, to object to any claims 17 for water rights, injury to water rights, or 18 injury to water quality by or for any In19 dian tribe or the United States on behalf 20 of the Indian tribe; 21 (vi) except as provided in the settle22 ment agreement, to assert past, present, or 23 future claims for injury to water rights, in24 jury to water quality, or any other claims 25


• S 2109 IS other than a claim for water rights, 1 against any Indian tribe or the United 2 States on behalf of the Indian tribe; 3 (vii) to assert past, present, or future 4 claims for rights to Lower Colorado River 5 water, injury to rights to Lower Colorado 6 River water, or injury to quality of Lower 7 Colorado River water for Hopi land; and 8 (viii) to assert past, present, or future 9 claims for rights to Lower Colorado River 10 water, injury to rights to Lower Colorado 11 River water, or injury to quality of Lower 12 Colorado River water that are based on ab13 original occupancy of land by the Hopi 14 Tribe, the members of the Hopi Tribe, or 15 their predecessors. 16 (2) C LAIMS AGAINST THE UNITED STATES .— 17 (A) IN GENERAL .—Except as provided in 18 subparagraph (C), the Hopi Tribe, on behalf of 19 itself and the members of the Hopi Tribe (but 20 not members in their capacity as allottees), as 21 part of the performance of the obligations of 22 the Hopi Tribe under the settlement agreement, 23 is authorized to execute a waiver and release of 24 any claims against the United States (or agen25


• S 2109 IScies, officials, or employees of the United 1 States) under Federal, State, or other law for 2
all— 3 (i) past, present, and future claims for 4 water rights for Hopi land arising from 5 time immemorial and, thereafter, forever; 6 (ii) past, present, and future claims 7 for water rights arising from time imme8 morial and, thereafter, forever, that are 9 based on aboriginal occupancy of land by 10 the Hopi Tribe, the members of the Hopi 11 Tribe, or their predecessors; 12 (iii) past and present claims for injury 13 to water rights and injury to water quality 14 for Hopi land arising from time immemo15 rial through the LCR enforceability date; 16 (iv) past, present, and future claims 17 for injury to water rights and injury to 18 water quality arising from time immemo19 rial and, thereafter, forever, that are based 20 on aboriginal occupancy of land by the 21 Hopi Tribe, the members of the Hopi 22 Tribe, or their predecessors; 23 (v) claims for injury to water rights 24 and injury to water quality arising after 25


• S 2109 IS the LCR enforceability date for Hopi land 1 resulting from the diversion or use of 2 water in a manner not in violation of the 3 settlement agreement; 4 (vi) past, present, and future claims 5 arising out of, or relating in any manner 6 to, the negotiation, execution, or adoption 7 of the settlement agreement, an applicable 8 settlement judgment or decree, or this Act; 9 (vii) past, present, and future claims 10 for failure to protect, acquire, or develop 11 water rights for or on behalf of the Hopi 12 Tribe and the members of the Hopi Tribe 13 arising from time immemorial and, there14 after, forever; 15 (viii) past, present, and future claims 16 relating to failure to assert any claims au17 thorized to be waived under this sub18 section; 19 (ix) claims for the OM&R costs of the 20 Hopi Groundwater Project, which shall be21 come effective on the date on which the 22 Secretary transfers title to, and OM&R re23 sponsibility for, the Hopi Groundwater 24 Project to the Hopi Tribe; and 25


• S 2109 IS (x) past and present claims relating in 1 any manner to damages, losses, or injuries 2 to water, water rights, land, or other re3 sources due to loss of water or water rights 4 (including damages, losses, or injuries to 5 hunting, fishing, gathering, or cultural 6 rights due to loss of water or water rights, 7 claims relating to interference with, diver8 sion, or taking of water, or claims relating 9 to failure to protect, acquire, or develop 10 water, water rights, or water infrastruc11 ture) within the reservation and off-res12 ervation trust land that first accrued at 13 any time prior to the LCR enforceability 14
date. 15 (B) E FFECTIVE DATE .—Except as pro16 vided in subparagraph (A)(ix), the waiver and 17 release of claims under subparagraph (A) shall 18 be effective on the LCR enforceability date. 19 (C) RETENTION OF CLAIMS .—The Hopi 20 Tribe on behalf of itself and the members of the 21 Hopi Tribe (but not members in their capacity 22 as allottees) shall retain all rights not expressly 23 waived under subparagraph (A), including any 24 right— 25


• S 2109 IS (i) to assert claims for injuries to, and 1 seek enforcement of, the rights of the Hopi 2 Tribe under the Norviel Decree, as set 3 forth in the abstracts required pursuant to 4 subparagraph 5.4.1 of the settlement 5 agreement; 6 (ii) subject to subparagraph 13.8 of 7 the settlement agreement, to assert claims 8 for injuries to, and seek enforcement of, 9 the rights of the Hopi Tribe under the set10 tlement agreement or this Act, in any Fed11 eral or State court of competent jurisdic12 tion; 13 (iii) to assert claims for injuries to, 14 and seek enforcement of, the rights of the 15 Hopi Tribe under the LCR decree; 16 (iv) to participate in the LCR adju17 dication to the extent provided in the set18 tlement agreement; 19 (v) except as provided in the settle20 ment agreement, to object to any claims 21 for water rights, injury to water rights, or 22 injury to water quality by or for any In23 dian tribe or the United States on behalf 24


• S 2109 IS of the Indian tribe other than the Navajo 1 Nation and the Hopi Tribe; 2 (vi) except as provided in the settle3 ment agreement, to assert past, present, or 4 future claims for injury to water rights, in5 jury to water quality, or any other claims 6 other than a claim for water rights, 7 against any Indian tribe or the United 8 States on behalf of the Indian tribe other 9 than the Navajo Nation and the Hopi 10 Tribe; 11 (vii) to assert past, present, or future 12 claims for rights to Lower Colorado River 13 water, injury to rights to Lower Colorado 14 River water, or injury to quality of Lower 15 Colorado River water for Hopi land; and 16 (viii) to assert past, present, or future 17 claims for rights to Lower Colorado River 18 water, injury to rights to Lower Colorado 19 River water, or injury to quality of Lower 20 Colorado River water that are based on ab21 original occupancy of land by the Hopi 22 Tribe, the members of the Hopi Tribe, or 23 their predecessors. 24


• S 2109 IS (c) W AIVERS AND RELEASES OF C LAIMS BY THE 1 U NITED S TATES .— 2 (1) ACTING AS TRUSTEE FOR ALLOTTEES .— 3 (A) IN GENERAL .—Except as provided in 4 subparagraph (C), the United States, acting as 5 trustee for allottees of the Navajo Nation and 6 Hopi Tribe, as part of the performance of the 7 obligations of the United States under the set8 tlement agreement, is authorized to execute a 9 waiver and release of any claims against the 10 State (or any agency or political subdivision of 11 the State), the Navajo Nation, the Hopi Tribe, 12 or any other person, entity, corporation, or mu13 nicipal corporation under Federal, State, or 14 other law, for all— 15 (i) past, present, and future claims for 16 water rights for allotments arising from 17 time immemorial, and, thereafter, forever; 18 (ii) past, present, and future claims 19 for water rights arising from time imme20 morial and, thereafter, forever, that are 21 based on aboriginal occupancy of land by 22 allottees or their predecessors; 23 (iii) past and present claims for injury 24 to water rights and injury to water quality 25


• S 2109 IS for allotments arising from time immemo1 rial through the LCR enforceability date; 2 (iv) past, present, and future claims 3 for injury to water rights and injury to 4 water quality, if any, arising from time im5 memorial and, thereafter, forever, that are 6 based on aboriginal occupancy of land by 7 allottees or their predecessors; 8 (v) claims for injury to water rights 9 and injury to water quality arising after 10 the LCR enforceability date for allotments 11 resulting from the diversion or use of 12 water in a manner not in violation of the 13 settlement agreement; and 14 (vi) past, present, and future claims 15 arising out of, or relating in any manner 16 to, the negotiation, execution, or adoption 17 of the settlement agreement, an applicable 18 settlement judgment or decree, or this Act. 19 (B) E FFECTIVE DATE .—The waiver and 20 release of claims under subparagraph (A) shall 21 be effective on the LCR enforceability date. 22 (C) RETENTION OF CLAIMS .—The United 23 States, acting as trustee for allottees of the 24 Navajo Nation and Hopi Tribe, shall retain all 25


• S 2109 ISrights not expressly waived under subparagraph 1 (A), including any right— 2 (i) subject to subparagraph 13.14 of 3 the settlement agreement— 4 (I) to assert claims of rights to 5 upper basin water, if any, for allot6 ments; and 7 (II) to assert claims of rights to 8 upper basin water that are based on 9 aboriginal occupancy of land within 10 the upper basin in the State by 11 allottees or their predecessors; 12 (ii) subject to subparagraph 13.8 of 13 the settlement agreement, to assert claims 14 for injuries to, and seek enforcement of, 15 the rights of allottees, if any, under the 16 settlement agreement or this Act, in any 17 Federal or State court of competent juris18 diction; 19 (iii) to assert claims for injuries to, 20 and seek enforcement of, the rights of 21 allottees, if any, under the LCR decree; 22 (iv) to participate in the LCR adju23 dication to the extent provided in the set24 tlement agreement; 25


• S 2109 IS (v) except as provided in the settle1 ment agreement, to object to any claims 2 for water rights, injury to water rights, or 3 injury to water quality by or for any In4 dian tribe; 5 (vi) except as provided in the settle6 ment agreement, to assert past, present, or 7 future claims for injury to water rights, in8 jury to water quality, or any other claims 9 other than a claim for water rights, 10 against any Indian tribe; 11 (vii) to assert past, present, or future 12 claims for rights to Lower Colorado River 13 water, injury to rights to Lower Colorado 14 River water, or injury to quality of Lower 15 Colorado River water for allotments; and 16 (viii) to assert past, present, or future 17 claims for rights to Lower Colorado River 18 water, injury to rights to Lower Colorado 19 River water, or injury to quality of Lower 20 Colorado River water that are based on ab21 original occupancy of land by allottees or 22 their predecessors. 23


• S 2109 IS (2) W AIVER AND RELEASE OF CLAIMS BY THE 1

UNITED STATES AGAINST THE NAVAJO NATION AND 2

THE HOPI TRIBE .— 3 (A) IN GENERAL .—Except as provided 4 subparagraph (C), the United States, except 5 when acting as trustee for an Indian tribe other 6 than the Navajo Nation or the Hopi Tribe, as 7 part of the performance of the obligations of 8 the United States under the settlement agree9 ment, is authorized to execute a waiver and re10 lease of any and all claims of the United States 11 against the Navajo Nation and the Hopi Tribe, 12 including any agency, official, or employee of 13 the Navajo Nation or the Hopi Tribe, under 14 Federal, State, or any other law for all— 15 (i) past, present, and future claims 16 arising out of, or relating in any manner 17 to, the negotiation or execution of the set18 tlement agreement or this Act; 19 (ii) past and present claims for injury 20 to water rights and injury to water quality 21 resulting from the diversion or use of 22 water on Navajo land and Hopi land aris23 ing from time immemorial through the 24 LCR enforceability date; and 25


• S 2109 IS (iii) claims for injury to water rights 1 and injury to water quality arising after 2 the LCR enforceability date resulting from 3 the diversion or use of water on Navajo 4 land and Hopi land in a manner not in vio5 lation of the settlement agreement. 6 (B) E FFECTIVE DATE .—The waiver and 7 release of claims under subparagraph (A) shall 8 be effective on the LCR enforceability date. 9 (C) RETENTION OF CLAIMS .—The United 10 States shall retain all rights not expressly 11 waived under subparagraph (A), including— 12 (i) subject to subparagraph 13.8 of 13 the settlement agreement, to assert claims 14 for injuries to, and seek enforcement of, 15 the settlement agreement or this Act, in 16 any Federal or State court of competent 17 jurisdiction; 18 (ii) to enforce the Gila River adjudica19 tion decree; and 20 (iii) to enforce the LCR decree. 21

SEC. 106. SATISFACTION OF WATER RIGHTS AND OTHER 22

BENEFITS. 23 (a) N AVAJO N ATION .— 24


• S 2109 IS (1) IN GENERAL .—Except as provided in the 1 settlement agreement, the benefits realized by the 2 Navajo Nation under the settlement agreement and 3 this Act shall be in complete and full satisfaction of 4 all claims of the Navajo Nation and the members of 5 the Navajo Nation, and the United States, acting as 6 trustee for the Navajo Nation and the members of 7 the Navajo Nation, for water rights, injury to water 8 rights, and injury to water quality, under Federal, 9 State, or other law with respect to Navajo land. 10 (2) S OURCE .—Any entitlement to water of the 11 Navajo Nation and the members of the Navajo Na12 tion, or the United States, acting as trustee for the 13 Navajo Nation and the members of the Navajo Na14 tion, for Navajo land shall be satisfied out of the 15 water resources and other benefits granted, con16 firmed, or recognized to or for the Navajo Nation, 17 and the United States, acting as trustee for the 18 Navajo Nation, by the settlement agreement, the 19 LCR decree, the Navajo Nation water delivery con20 tract, and this Act. 21 (3) E FFECT .—Notwithstanding paragraph (2), 22 nothing in the settlement agreement or this Act has 23 the effect of recognizing or establishing any right of 24


• S 2109 IS a member of the Navajo Nation to water on Navajo 1
land. 2 (b) H OPI T RIBE .— 3 (1) IN GENERAL .—Except as provided in the 4 settlement agreement, the benefits realized by the 5 Hopi Tribe under the settlement agreement and this 6 Act shall be in complete and full satisfaction of all 7 claims of the Hopi Tribe and the members of the 8 Hopi Tribe, and the United States, acting as trustee 9 for the Hopi Tribe and the members of the Hopi 10 Tribe, for water rights, injury to water rights, and 11 injury to water quality under Federal, State, or 12 other law with respect to Hopi land. 13 (2) S OURCE .—Any entitlement to water of the 14 Hopi Tribe and the members of the Hopi Tribe, or 15 the United States, acting as trustee for the Hopi 16 Tribe and the members of the Hopi Tribe, for Hopi 17 land shall be satisfied out of the water resources and 18 other benefits granted, confirmed, or recognized to 19 or for the Hopi Tribe, and the United States, acting 20 as trustee for the Hopi Tribe, by the settlement 21 agreement, the LCR decree, and this Act. 22 (3) E FFECT .—Notwithstanding paragraph (2), 23 nothing in the settlement agreement or this Act has 24


• S 2109 IS the effect of recognizing or establishing any right of 1 a member of the Hopi Tribe to water on Hopi land. 2 (c) A LLOTTEES W ATER C LAIMS .— 3 (1) IN GENERAL .—Except as provided in the 4 settlement agreement, the benefits realized by 5 allottees under the settlement agreement and this 6 Act shall be in complete replacement of and substi7 tution for, and full satisfaction of, all claims of 8 allottees, and the United States, acting as trustee 9 for allottees, for water rights, injury to water rights, 10 and injury to water quality under Federal, State, or 11 other law with respect to allotments. 12 (2) S OURCE .—Except as provided in exhibit 13 4.7.3 of the settlement agreement, any entitlement 14 to water of allottees, or the United States, acting as 15 trustee for allottees, for allotments shall be satisfied 16 out of the water resources and other benefits grant17 ed, confirmed, or recognized to or for the Navajo 18 Nation, the Hopi Tribe, and the United States, act19 ing as trustee for the Navajo Nation, the Hopi 20 Tribe, and allottees, by the settlement agreement, 21 the LCR decree, and this Act. 22 (d) EXCEPTIONS .—Except as provided in section 23 105, nothing in this Act affects any right to water of any 24 member of the Navajo Nation, the Hopi Tribe, or any al25


• S 2109 ISlottee for land outside of Navajo land, Hopi land, or allot1
ments. 2 (e) N AVAJO -H OPI LAND D ISPUTE SETTLEMENT ACT 3

OF 1996.— 4 (1) W ATER RIGHTS .—Except as expressly pro5 vided in the settlement agreement, the water rights 6 of the Hopi Tribe on land acquired pursuant to the 7 Navajo-Hopi Land Dispute Settlement Act of 1996 8 (25 U.S.C. 640d note; Public Law 104–301), and 9 the rights of the Hopi Tribe to object to surface 10 water and groundwater uses on the basis of water 11 rights associated with that land, shall be governed 12 by that Act. 13 (2) A MENDMENT .—Section 12 of the Navajo14 Hopi Land Dispute Settlement Act of 1996 (25 15 U.S.C. 640d note; Public Law 104–301) is amend16
ed— 17 (A) in subsection (a)(1)(C), by striking 18 ‘‘beneficial use’’ and inserting ‘‘beneficial use of 19 surface water’’; and 20 (B) by striking subsection (e) and insert21 ing the following: 22 ‘‘(e) PROHIBITION .— 23 ‘‘(1) IN GENERAL .—Subject to paragraph (2), 24 water rights for newly acquired trust land shall not 25


• S 2109 IS be used, leased, sold, or transported for use off of 1 that land or the other trust land of the Tribe, except 2 that the Tribe may agree with other persons having 3 junior water rights to subordinate the senior water 4 rights of the Tribe. 5 ‘‘(2) RESTRICTIONS .— 6 ‘‘(A) IN GENERAL .—Water rights for 7 newly acquired trust land shall only be used on 8 that land or other trust land of the Tribe that 9 is located within the same river basin tributary 10 as the main stream of the Colorado River. 11 ‘‘(B) T EMPORARY TRANSFER FOR USE 12

OFF

- RESERVATION .—Notwithstanding any 13 other provision of statutory or common law or 14 subparagraph (A) and in accordance with sub15 paragraphs (C) through (J), on approval of the 16 Secretary, the Hopi Tribe may enter into a 17 service contract, lease, exchange, or other 18 agreement providing for the temporary delivery, 19 use, or transfer of not more than 10,000 acre20 feet per year of groundwater from newly ac21 quired trust land that is located within 20 miles 22 of the municipal boundaries of Winslow, Ari23 zona, but is not within the Protection Areas (as 24 that term is described in paragraph 3.1.119 of 25


• S 2109 ISthe Navajo-Hopi Little Colorado River Water 1 Rights Settlement Agreement) for use at— 2 ‘‘(i) Hopi fee land that is located 3 within 5 miles of the municipal boundaries 4 of Winslow, Arizona; and 5 ‘‘(ii) the City of Winslow, Arizona, for 6 municipal use by the City of Winslow and 7 the residents of that city, with the consent 8 of the Hopi Tribe, as provided in para9 graph 5.3 and exhibit 5.3 of the Navajo10 Hopi Little Colorado River Water Rights 11 Settlement Agreement. 12 ‘‘(C) M AXIMUM TERM .— 13 ‘‘(i) IN GENERAL .—The maximum 14 term of any service contract, lease, ex15 change, or other agreement under subpara16 graph (B) (including all renewals of such 17 an agreement) shall not exceed 99 years in 18 duration. 19 ‘‘(ii) A LIENATION .—The Hopi Tribe 20 shall not permanently alienate any ground21 water transported off of newly acquired 22 trust land pursuant to subparagraph (B). 23 ‘‘(D) W EED AND DUST CONTROL .—The 24 Tribe shall maintain newly acquired trust land 25


• S 2109 ISfrom which groundwater is or will be trans1 ported pursuant to subparagraph (B) free of 2 noxious weeds and blowing dust that creates a 3 threat to health or safety consistent with sec4 tion 45-546 of the Arizona Revised Statutes. 5 ‘‘(E) DAMAGE TO SURROUNDING LAND OR 6

OTHER WATER USERS .— 7 ‘‘(i) DAMAGES .—Any transportation 8 of groundwater off of newly acquired trust 9 land pursuant to subsection (B) shall be 10 subject to payment of damages to the ex11 tent the groundwater withdrawals unrea12 sonably increase damage to surrounding 13 land or other water users from the con14 centration of wells. 15 ‘‘(ii) NO PRESUMPTION OF DAM

16

AGE .—Neither injury to nor impairment of 17 the water supply of any landowner shall be 18 presumed from the fact of transportation 19 of groundwater off of newly acquired trust 20 land pursuant to subparagraph (B). 21 ‘‘(iii) MITIGATION .—In determining 22 whether there has been injury and the ex23 tent of any injury, the court shall consider 24 all acts of the person transporting ground25


• S 2109 IS water toward the mitigation of injury, in1 cluding the retirement of land from irriga2 tion, discontinuance of other preexisting 3 uses of groundwater, water conservation 4 techniques, and procurement of additional 5 sources of water that benefit the sub-basin 6 or landowners within the sub-basin. 7 ‘‘(iv) C OURT FEES .—The court may 8 award reasonable attorney fees, expert wit9 ness expenses and fees, and court costs to 10 the prevailing party in litigation seeking 11 damages for transporting groundwater off 12 of newly acquired trust land pursuant to 13 subparagraph (B). 14 ‘‘(F) NO OBLIGATION .—The United States 15 (in any capacity) shall have no trust or other 16 obligation to monitor, administer, or account 17 for, in any manner, groundwater delivered pur18 suant to subparagraph (B). 19 ‘‘(G) L IABILITY .—The Secretary shall not 20 be liable to the Hopi Tribe, the City of Wins21 low, Arizona, or any other person for any loss 22 or other detriment resulting from an agreement 23 entered into pursuant to subparagraph (B). 24 ‘‘(H) A PPLICABLE LAW.— 25


• S 2109 IS ‘‘(i) S TATE LAW.—Any transportation 1 or use of groundwater off of the newly ac2 quired trust land pursuant subparagraph 3 (B) shall be subject to and consistent with 4 all laws (including regulations) of the State 5 that apply to the transportation and use of 6 water, including all applicable permitting 7 and reporting requirements. 8 ‘‘(ii) PURCHASES OR GRANTS OF 9

LANDS FROM INDIANS .—Section 2116 of 10 the Revised Statutes (25 U.S.C. 177) shall 11 not apply to any groundwater transported 12 off of newly acquired trust land pursuant 13 to subparagraph (B). 14 ‘‘(I) A PPROVAL OF SECRETARY .—The Sec15 retary shall approve or disapprove any service 16 contract, lease, exchange, or other agreement 17 under subparagraph (B) submitted by the Hopi 18 Tribe for approval within a reasonable period of 19 time after submission, except that approval by 20 the Secretary shall not be required for any 21 groundwater lease under subparagraph (B) for 22 less than 10 acre-feet per year with a term of 23 less than 7 years, including renewals. 24


• S 2109 IS ‘‘(J) NO FORFEITURE OR ABANDON

1

MENT .—The nonuse of groundwater of the 2 Hopi Tribe from the newly acquired trust land 3 pursuant to subparagraph (B) shall not result 4 in a forfeiture, abandonment, relinquishment, 5 or other loss of all or any part of applicable 6 rights.’’. 7
SEC. 107. AFTER-ACQUIRED TRUST LAND. 8 (a) REQUIREMENT OF ACT OF C ONGRESS .—Except 9 as provided in section 11 of Public Law 93–531 (25 10 U.S.C. 640d–10) and the Navajo-Hopi Land Dispute Set11 tlement Act of 1996 (25 U.S.C. 640d note; Public Law 12 104–301), the Navajo Nation or the Hopi Tribe may only 13 seek to have legal title to additional land in the State, lo14 cated outside the exterior boundaries of the land that is, 15 on the date of enactment of this Act, in reservation status 16 or held in trust for the benefit of the Navajo Nation or 17 the Hopi Tribe, taken into trust by the United States for 18 the benefit of the Navajo Nation or the Hopi Tribe, re19 spectively, pursuant to an Act of Congress enacted after 20 the date of enactment of this Act. 21 (b) W ATER RIGHTS .—Any land taken into trust for 22 the benefit of the Navajo Nation or the Hopi Tribe after 23 the date of the enactment of this Act shall have only those 24 rights to water provided under the settlement agreement, 25


• S 2109 IS the Navajo-Hopi Land Dispute Settlement Act of 1996 1 (25 U.S.C. 640d note; Public Law 104–301), and this Act, 2 unless provided otherwise in a subsequent Act of Con3 gress, as provided in subsection (a). 4 (c) ACCEPTANCE OF LAND IN T RUST S TATUS .— 5 (1) M ANDATORY TRUST ACQUISITION .—Not6 withstanding subsections (a) and (b), if the Navajo 7 Nation or Hopi Tribe acquires legal fee title to land 8 that is located within the exterior boundaries of the 9 Navajo Reservation or the Hopi Reservation, respec10 tively, upon application by the Navajo Nation or the 11 Hopi Tribe to take the land into trust, the Secretary 12 shall accept the land into trust status for the benefit 13 of the Navajo Nation or Hopi Tribe in accordance 14 with applicable Federal law (including regulations). 15 (2) RESERVATION STATUS .—Land taken or 16 held in trust by the Secretary under paragraph (1) 17 shall be part of the Navajo Reservation or the Hopi 18 Reservation, respectively. 19

SEC. 108. ENFORCEABILITY DATE. 20 (a) L ITTLE C OLORADO RIVER AND GILA RIVER 21
W AIVERS .—The waivers and releases of claims described 22 in section 105 shall take effect and be fully enforceable, 23 and construction of the Navajo Groundwater Projects and 24 the Hopi Groundwater Project may begin, on the date on 25


• S 2109 IS which the Secretary publishes in the Federal Register a 1 statement of findings that— 2 (1) to the extent that the settlement agreement 3 conflicts with this Act, the settlement agreement has 4 been revised through an amendment to eliminate the 5 conflict and the revised settlement agreement has 6 been executed by the Secretary, the Navajo Nation, 7 the Hopi Tribe, the Governor of Arizona, and not 8 less than 19 other parties; 9 (2) the waivers and releases of claims described 10 in section 105 have been executed by the Navajo Na11 tion, the Hopi Tribe, and the United States; 12 (3) the State contributions described in sub13 sections (a)(2)(B)(iii) and (c)(2)(B)(ii) of section 14 104 have been made; 15 (4) the full amount described in section 16 104(a)(2)(A)(i), as adjusted by section 104(a)(2)(C), 17 has been deposited in the Navajo Groundwater 18 Projects Account; 19 (5) the full amount described in section 20 104(b)(2) has been deposited in the Navajo OM&R 21 Trust Account; 22 (6) the full amount described in section 23 104(c)(2)(A)(i), as adjusted by section 104(c)(2)(C), 24


• S 2109 IS has been deposited in the Hopi Groundwater Project 1 Account; 2 (7) the full amount described in section 3 104(d)(2) has been deposited in the Hopi OM&R 4 Trust Account; 5 (8) the full amount described in section 6 104(e)(2)(A), as adjusted by section 104(e)(2)(B), 7 has been deposited in the N-Aquifer Account and is 8 available for use to implement the N-Aquifer Man9 agement Plan; 10 (9) the full amount described in section 11 104(f)(2)(A), as adjusted by section 104(f)(2)(B), 12 has been deposited in the Pasture Canyon Springs 13 Protection Program Account and is available for use 14 to implement the Pasture Canyon Springs Protec15 tion Program; 16 (10) the judgments and decrees in the LCR ad17 judication and the Gila River adjudication have been 18 approved by the LCR adjudication court and the 19 Gila River adjudication court substantially in the 20 form of the judgments and decrees attached to the 21 settlement agreement as exhibits 3.1.70 and 3.1.49, 22 respectively; 23 (11) a law has been enacted by the State sub24 stantially in the form of a State implementing law 25


• S 2109 IS attached to the settlement agreement as exhibit 1 3.1.128 and the law remains effective; 2 (12) the provisions of section 45–544 of the Ar3 izona Revised Statutes restricting the transporting 4 of groundwater from the Little Colorado River Pla5 teau Groundwater Basin are in effect; 6 (13) the Secretary has completed a record of 7 decision approving construction of— 8 (A) the Navajo Groundwater Projects in a 9 configuration substantially similar to the con10 figuration described in section 103(a); and 11 (B) the Hopi Groundwater Project, in a 12 configuration substantially similar to the con13 figuration described in section 103(b); and 14 (14) the Navajo Nation has moved for the dis15 missal with prejudice of the first, second, third, 16 fourth, and fifth claims for relief contained in the 17 complaint for declaratory and injunctive relief filed 18 by the Navajo Nation on March 14, 2003, in the 19 United States District Court for the District of Ari20 zona, as part of the case styled The Navajo Nation 21 v. United States Department of the Interior (No. 22 CV–03–0507–PCT–PGR), and has moved for the 23 dismissal without prejudice of sixth claim for relief 24 contained in the complaint, substantially in the form 25


• S 2109 ISof the dismissal attached to the settlement agree1 ment as exhibit 11.9. 2 (b) FAILURE OF THE L ITTLE C OLORADO RIVER 3
W AIVERS .— 4 (1) IN GENERAL .—If the Secretary does not 5 publish in the Federal Register a statement of find6 ings under subsection (a) by October 31, 2022, this 7 Act is repealed and any amounts— 8 (A) appropriated under section 104, to9 gether with any investment earnings on those 10 amounts, less any amounts expended under 11 subsections (a)(9), (b)(9), and (c)(1) of section 12 103, shall revert immediately to the general 13 fund of the Treasury; 14 (B) transferred pursuant to subsections 15 (a)(2)(B)(i) and (c)(2)(B)(i) of section 104 to 16 the Navajo Groundwater Projects Account and 17 the Hopi Groundwater Project Account from 18 the Future Indian Water Settlement Sub19 account of the Lower Colorado River Basin De20 velopment Fund established pursuant to section 21 403(f)(2)(D)(vi) of the Colorado River Basin 22 Project Act (43 U.S.C. 1543(f)(2)(D)(vi)), to23 gether with any investment earnings on those 24 amounts, shall be returned immediately to the 25


• S 2109 ISFuture Indian Water Settlement Subaccount of 1 the Lower Colorado River Basin Development 2 Fund; 3 (C) transferred pursuant to section 4 104(a)(2)(B)(ii) to the Navajo Groundwater 5 Projects Account from the Reclamation Water 6 Settlements Fund established by section 10501 7 of the Omnibus Public Land Management Act 8 of 2009 (43 U.S.C. 407), together with any in9 vestment earnings on those amounts, shall be 10 returned immediately to the Reclamation Water 11 Settlements Fund; and 12 (D) transferred pursuant to subsections 13 (a)(2)(B)(iii) and (c)(2)(B)(ii) of section 104 to 14 the Navajo Groundwater Projects Account and 15 the Hopi Groundwater Project Account, to16 gether with any investment earnings on those 17 amounts, shall be returned immediately to the 18 State. 19 (2) SEVERABILITY .—Notwithstanding para20 graph (1), if the Secretary does not publish in the 21 Federal Register a statement of findings under sub22 section (a) by October 31, 2022, the designation 23 under section 109(g) and the provisions of sections 24


• S 2109 IS 205(a)(1), 205(a)(2)(B), 205(a)(3), 205(a)(4), 1 205(a)(5), and 206 shall remain in effect. 2 (c) RIGHT T O O FFSET .— 3 (1) N AVAJO NATION .—If the Secretary has not 4 published in the Federal Register the statement of 5 findings under subsection (a) by October 31, 2022, 6 the United States shall be entitled to offset any Fed7 eral amounts made available under subsections 8 (a)(9) and (c)(1) of section 103 that were used or 9 authorized for any use under those subsections 10 against any claim asserted by the Navajo Nation 11 against the United States described in section 12 105(a)(2)(A). 13 (2) H OPI TRIBE .—If the Secretary has not pub14 lished in the Federal Register the statement of find15 ing under subsection (a) by October 31, 2022, the 16 United States shall be entitled to offset any Federal 17 amounts made available under subsections (b)(9) 18 and (c)(1) of section 103 that were used or author19 ized for any use under those subsections against any 20 claim asserted by the Hopi Tribe against the United 21 States described in section 105(b)(2)(A). 22

SEC. 109. ADMINISTRATION. 23 (a) S OVEREIGN IMMUNITY .—If any party to the set24 tlement agreement brings an action in any court of the 25


• S 2109 IS United States or any State court relating only and directly 1 to the interpretation or enforcement of this Act or the set2 tlement agreement and names the United States, the Nav3 ajo Nation, or the Hopi Tribe as a party, or if any other 4 landowner or water user in the Gila River or LCR basins 5 in the State files a lawsuit relating only and directly to 6 the interpretation or enforcement of paragraph 11.0 of the 7 settlement agreement or section 105 of this Act, naming 8 the United States, or the Navajo Nation or the Hopi Tribe 9 as a party— 10 (1) the United States, the Navajo Nation, or 11 the Hopi Tribe may be joined in the action; and 12 (2) any claim by the United States, the Navajo 13 Nation, or the Hopi Tribe to sovereign immunity 14 from the action is waived, but only for the limited 15 and sole purpose of the interpretation or enforce16 ment of this Act or the settlement agreement. 17 (b) NO Q UANTIFICATION OR E FFECT ON RIGHTS OF 18 O THER INDIAN T RIBES OR THE U NITED S TATES ON B E

19

HALF OF O THER INDIAN T RIBES .— 20 (1) IN GENERAL .—Except as provided in para21 graph 7.2 of the settlement agreement or in para22 graph (2), nothing in this Act— 23 (A) shall be construed to quantify or other24 wise affect the water rights, claims, or entitle25


• S 2109 ISments to water of any Indian tribe, nation, 1 band, or community, including the San Juan 2 Southern Paiute Tribe, other than the Hopi 3 Tribe and the Navajo Nation; or 4 (B) shall affect the ability of the United 5 States to take action on behalf of any Indian 6 tribe, nation, band, or community, including the 7 San Juan Southern Paiute Tribe, other than 8 the Hopi Tribe, members of the Hopi Tribe, 9 allottees of the Hopi Tribe, the Navajo Nation, 10 members of the Navajo Nation, and allottees of 11 the Navajo Nation. 12 (c) A NTIDEFICIENCY .— 13 (1) IN GENERAL .—The expenditure or advance 14 of any money or the performance of any obligation 15 by the United States, in any capacity, under this Act 16 shall be contingent on the appropriation of funds. 17 (2) L IABILITY .—The United States shall not be 18 liable for the failure to carry out any obligation or 19 activity authorized under this Act (including any ob20 ligation or activity under this Act) if Congress does 21 not provide adequate appropriations expressly to 22 carry out the purposes of this Act. 23 (d) RECLAMATION REFORM ACT .—The Reclamation 24 Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any 25


• S 2109 IS other acreage limitation or full-cost pricing provision of 1 Federal law shall not apply to any person, entity, or tract 2 of land solely on the basis of— 3 (1) receipt of any benefit under this Act; 4 (2) execution or performance of this Act; or 5 (3) the use, storage, delivery, lease, or exchange 6 of CAP water. 7 (e) D ISMISSAL OF PENDING N AVAJO N ATION C OURT 8 CASE .—Not later than 30 days after the date on which 9 the settlement agreement is executed by the United 10 States, the Navajo Nation shall execute and file a stipula11 tion and proposed order, substantially in the form at12 tached to the settlement agreement as exhibit 11.9 for— 13 (1) the dismissal with prejudice of the first, sec14 ond, third, fourth, and fifth claims for relief con15 tained in the complaint for declaratory and injunc16 tive relief in the case styled Navajo Nation v. United 17 States Department of the Interior, No. CV–03– 18 0507–PCT–PGR (D. Ariz. March 14, 2003); and 19 (2) the dismissal without prejudice of the sixth 20 claim for relief contained in the complaint described 21 in paragraph (1). 22 (f) T OLLING OF S TATUTES OF L IMITATIONS .—Any 23 statute of limitations that may otherwise apply to, limit, 24


• S 2109 IS or bar the sixth claim for relief described in subsection 1 (e)(2) shall be tolled as follows: 2 (1) If a settlement of the claims by the Navajo 3 Nation to Lower Colorado River water has been ap4 proved by an Act of Congress enacted on or before 5 December 15, 2022, then any statute of limitations 6 that may otherwise apply to, limit, or bar the sixth 7 claim for relief shall be tolled until the Navajo Na8 tion waives the claims to Lower Colorado River 9 water under the Act of Congress. 10 (2) If a settlement of the claims of the Navajo 11 Nation to Lower Colorado River water has not been 12 approved by An act of Congress on or before Decem13 ber 15, 2022, then any statute of limitations that 14 may otherwise apply to, limit, or bar the sixth claim 15 for relief shall be tolled until December 15, 2022. 16 (g) PETE SHUMWAY DAM & RESERVOIR .— 17 (1) IN GENERAL .—The facility known as 18 Schoens Lake, Schoens Dam, and Schoens Res19 ervoir, located on Show Low Creek in Navajo Coun20 ty, Arizona shall be known and designated as the 21 ‘‘Pete Shumway Dam and Reservoir’’. 22 (2) REFERENCES .—Any reference in a law, 23 map, regulation, document, paper, or other record of 24 the United States to the facility described in para25


• S 2109 IS graph (1) shall be deemed to be a reference to the 1 ‘‘Pete Shumway Dam and Reservoir’’. 2

SEC. 110. ENVIRONMENTAL COMPLIANCE. 3 (a) E NVIRONMENTAL C OMPLIANCE .—In imple4 menting the settlement agreement and this Act, the Sec5 retary shall comply with all applicable Federal environ6 mental laws and regulations, including the National Envi7 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 8 and the Endangered Species Act of 1973 (16 U.S.C. 1531 9 et seq.). 10 (b) E XECUTION OF THE SETTLEMENT AGREE

11

MENT .—Execution of the settlement agreement by the 12 Secretary as provided in this Act shall not constitute a 13 major Federal action under section 102 of the National 14 Environmental Policy Act of 1969 (42 U.S.C. 4332). 15 (c) L EAD AGENCY .—The Commissioner of the Bu16 reau of Reclamation shall be primarily responsible to en17 sure environmental compliance in carrying out this Act. 18 (d) NO E FFECT ON E NFORCEMENT OF E NVIRON

19

MENTAL LAWS .—Nothing in this Act precludes the United 20 States, the Navajo Nation, or the Hopi Tribe, when dele21 gated regulatory authority, from enforcing Federal envi22 ronmental laws, including— 23 (1) the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of 1980 (42 25


• S 2109 IS U.S.C. 9601 et seq.), including claims for damages 1 for harm to natural resources; 2 (2) the Safe Drinking Water Act (42 U.S.C. 3 300f et seq.); 4 (3) the Federal Water Pollution Control Act 5 (33 U.S.C. 1251 et seq.); 6 (4) the Solid Waste Disposal Act (42 U.S.C. 7 6901 et seq.); or 8 (5) any regulation implementing 1 or more of 9 those Acts. 10 

## TITLE II—CENTRAL ARIZONA 11 

## PROJECT WATER 12

SEC. 201. CONDITIONS FOR REALLOCATION OF CAP NIA 13

PRIORITY WATER. 14 (a) REALLOCATION .— 15 (1) IN GENERAL .—The Secretary shall neither 16 reallocate any CAP NIA priority water to the Nav17 ajo Nation under section 202(a) nor enter into a 18 contract with the Navajo Nation for the delivery of 19 that water under section 202(c) unless and until the 20 Secretary has published in the Federal Register the 21 statement of findings referred to in subsection (b) 22 that all of the conditions described in paragraph (2) 23 have been satisfied. 24


• S 2109 IS (2) C ONDITIONS .—The conditions described in 1 this paragraph are that— 2 (A) the LCR enforceability date has oc3 curred; 4 (B) the Navajo Nation and the Navajo 5 project lessees, with the approval of the Sec6 retary, have executed an amendment to the 7 Navajo Project Lease extending the term of the 8 Navajo Project Lease through December 23, 9 2044; 10 (C) the Secretary, with the consent of the 11 Navajo Nation, has issued or renewed to the 12 Navajo project lessees, in a form acceptable to 13 the Navajo project lessees, grants of Federal 14 rights-of-way and easements pursuant to the 15 first section of the Act of February 5, 1948 (25 16 U.S.C. 323), for— 17 (i) the land subject to the Navajo 18 Project Lease and for the railroad-granted 19 land, the terms of which shall extend 20 through the term of the Navajo Project 21 Lease, as amended; and 22 (ii) the power transmission lines over 23 and across land on the Navajo Reserva24 tion, the terms of which shall extend 25


• S 2109 IS through the term of the Navajo Project 1 Lease, as amended, described as— 2 (I) the grant entitled ‘‘Grant of 3 Easement or Right of Way from the 4 Bureau of Indian Affairs, Window 5 Rock, Arizona, Grantor’’, dated Feb6 ruary 1971, for the construction, op7 eration, maintenance, replacement, 8 and removal of the Navajo Project 9 Southern Transmission System, with 10 Map Nos. INH–96, sheets 1–4, 11 B29036, dated May 28, 1970, marked 12 as Exhibit B to that grant, and the 13 complete centerline description shown 14 on Exhibit A of that grant; 15 (II) the grant entitled ‘‘Grant of 16 Easement and Right-of-Way by the 17 United States of America, Bureau of 18 Indian Affairs, Department of the In19 terior, Window Rock, Arizona, Grant20 or’’, dated September 8, 1988, includ21 ing amendments to that grant, for the 22 construction, operation, and mainte23 nance of the Navajo-McCullough 24 Transmission Line, as shown on the 25


• S 2109 IS Map marked Exhibit B to that grant 1 and more particularly described in the 2 right-of-way description marked Ex3 hibit A to that grant; and 4 (III) a right-of-way or permit for 5 the Navajo Generating Station/West6 ern Area Power Administrative 7 Intertie Transmission System, run8 ning from the Navajo Generating Sta9 tion switchyard approximately 200 10 feet to the Western Area Power Ad11 ministration transmission line; 12 (D) Peabody has leased coal in sufficient 13 quantity and quality from the Navajo Nation, 14 or the Navajo Nation and the Hopi Tribe, for 15 the Navajo Generating Station to operate 16 through the term of the Navajo Project Lease, 17 as amended; 18 (E) the surface coal mining permit, or a 19 revision of that permit, has been issued by the 20 Secretary, acting through the Office of Surface 21 Mining, Reclamation and Enforcement, to Pea22 body authorizing the operation of the Kayenta 23 mine and the mining of the quantities of coal 24


• S 2109 ISreferred to in subparagraph (D) through the 1 term of the Navajo Project Lease, as amended; 2 (F) Peabody and the Navajo project les3 sees have entered into a coal supply contract for 4 the purchase of the quantities and quality of 5 coal referred to in subparagraph (D) that ex6 tends through the term of the Navajo Project 7 Lease, as amended; 8 (G) the term of the contract for water 9 service among the Navajo project lessees and 10 the Bureau of Reclamation for the consumptive 11 use at the Navajo Generating Station of up to 12 34,100 afy of upper basin water has been ex13 tended through the term of the Navajo Project 14 Lease, as amended; and 15 (H) the Secretary, acting through the Di16 rector of the National Park Service, has re17 issued or extended the right-of-way permit No. 18 RW GLCA–06–002, issued on August 30, 19 2006, through the term of the Navajo Project 20 Lease, as amended. 21 (b) PUBLICATION OF S TATEMENT OF F INDINGS .— 22 Upon satisfaction of all of the conditions described in sub23 section (a)(2), the Secretary shall publish in the Federal 24


• S 2109 ISRegister a statement of findings that each of the condi1 tions has been met. 2 (c) T IMING OF REALLOCATION .—Upon publication in 3 the Federal Register of the statement of findings referred 4 to in subsection (b), the Secretary shall reallocate to the 5 Navajo Nation the CAP NIA priority water in accordance 6 with section 202(a) and enter into a contract with the 7 Navajo Nation for the delivery of that water in accordance 8 with section 202(c), through the Navajo-Gallup water sup9 ply project in accordance with this Act. 10 (d) FAILURE TO PUBLISH NOTICE .—If the Secretary 11 fails to publish a statement of findings in the Federal Reg12 ister under subsection (b) by October 31, 2022— 13 (1) the authority provided under this section 14 and section 202 shall terminate; and 15 (2) this section and section 202, 203, 204, 16 205(a)(2)(A), and 205(b) shall be of no further 17 force or effect. 18
SEC. 202. REALLOCATION OF CAP NIA PRIORITY WATER, 19
FIRMING, WATER DELIVERY CONTRACT. 20 (a) REALLOCATION TO THE N AVAJO N ATION .— 21 (1) IN GENERAL .—On the date on which the 22 Secretary publishes in the Federal Register the 23 statement of findings under section 201(b), the Sec24


• S 2109 ISretary shall reallocate to the Navajo Nation the Nav1 ajo Nation CAP water. 2 (2) A VAILABILITY AND USE .—The water reallo3 cated under paragraph (1) shall be available for di4 version and use from the San Juan River pursuant 5 to and consistent with section 10603(b)(2)(D) of the 6 Omnibus Public Land Management Act of 2009 7 (Public Law 111–11; 123 Stat. 1383) (as amended 8 by section 205). 9 (b) F IRMING .— 10 (1) N AVAJO NATION CAP WATER .—The Navajo 11 Nation CAP water shall be firmed as follows: 12 (A) In accordance with section 13 105(b)(1)(B) of the Arizona Water Settlements 14 Act (Public Law 108–451; 118 Stat. 3492), the 15 Secretary shall firm 50 percent of the Navajo 16 Nation CAP water to the equivalent of CAP 17 M&I priority water for the period of 100 years 18 beginning on January 1, 2008. 19 (B) In accordance with section 20 105(b)(2)(B) of the Arizona Water Settlements 21 Act (Public Law 108–451; 118 Stat. 3492), the 22 State shall firm 50 percent of the Navajo Na23 tion CAP water to the equivalent of CAP M&I 24


• S 2109 ISpriority water for the period of 100 years begin1 ning on January 1, 2008. 2 (2) A DDITIONAL FIRMING .—The Navajo Nation 3 may, at the expense of the Navajo Nation, take ad4 ditional actions to firm or supplement the Navajo 5 Nation CAP water, including by entering into agree6 ments for that purpose with the Central Arizona 7 Water Conservation District, the Arizona Water 8 Banking Authority, or any other lawful authority, in 9 accordance with State law. 10 (c) N AVAJO N ATION W ATER D ELIVERY C ON

11

TRACT .— 12 (1) C ONTRACT .— 13 (A) IN GENERAL .—The Secretary shall 14 enter into the Navajo Nation water delivery 15 contract, in accordance with the settlement 16 agreement, which shall meet, at a minimum, 17 the requirements described in subparagraph 18 (B). 19 (B) REQUIREMENTS .—The requirements 20 described in this subparagraph are as follows: 21 (i) A UTHORIZATION .—The contract 22 entered into under subparagraph (A) shall 23 be for permanent service (as that term is 24 used in section 5 of the Boulder Canyon 25


• S 2109 IS Project Act (43 U.S.C. 617d)), and shall 1 be without limit as to term. 2 (ii) N AVAJO NATION CAP WATER .— 3 (I) IN GENERAL .—The Navajo 4 Nation CAP water may be delivered 5 through the Navajo-Gallup water sup6 ply project for use in the State. 7 (II) METHOD OF DELIVERY .— 8 Subject to the physical availability of 9 water from the San Juan River and to 10 the rights of the Navajo Nation to use 11 that water, deliveries under this 12 clause shall be effected by the diver13 sion and use of water from the San 14 Juan River pursuant to section 10603 15 of the Omnibus Public Land Manage16 ment Act of 2009 (Public Law 111– 17 11; 123 Stat. 1382) (as amended by 18 section 205). 19 (iii) C ONTRACTUAL DELIVERY .—The 20 Secretary shall deliver the Navajo Nation 21 CAP water to the Navajo Nation in ac22 cordance with the terms and conditions of 23 the Navajo Nation water delivery contract. 24


• S 2109 IS (iv) C URTAILMENT .—Except to the 1 extent that the Navajo Nation CAP water 2 is firmed by the United States and the 3 State under subsection (b)(1) or is other4 wise firmed by the Navajo Nation, deliv5 eries of the Navajo Nation CAP water 6 shall be subject to curtailment in that— 7 (I) deliveries of the Navajo Na8 tion CAP water effected by the diver9 sion of water from the San Juan 10 River shall be curtailed during short11 ages of CAP NIA priority water to 12 the same extent as other CAP NIA 13 priority water supplies; and 14 (II) the extent of that curtail15 ment shall be determined in accord16 ance with clause (xvi). 17 (v) L EASES AND EXCHANGES OF NAV

18

AJO NATION CAP WATER .—On and after 19 the date on which the Navajo Nation water 20 delivery contract becomes effective, the 21 Navajo Nation may, with the approval of 22 the Secretary, enter into contracts to lease, 23 options to lease, exchange, or options to 24 exchange the Navajo Nation CAP water 25


• S 2109 IS within Apache, Cochise, Coconino, Gila, 1 Graham, Maricopa, Navajo, Pima, Pinal, 2 Santa Cruz, and Yavapai Counties, Ari3 zona, providing for the temporary delivery 4 to other persons of any portion of Navajo 5 Nation CAP water. 6 (vi) T ERM OF LEASES AND EX

7

CHANGES .— 8 (I) L EASING .—Contracts to lease 9 and options to lease under clause (v) 10 shall be for a term not to exceed 100 11
years. 12 (II) EXCHANGING .—Contracts to 13 exchange or options to exchange 14 under clause (v) shall be for the term 15 provided for in each such contract or 16 option. 17 (III) RENEGOTIATION .—The 18 Navajo Nation may, with the approval 19 of the Secretary, renegotiate any lease 20 described in clause (v), at any time 21 during the term of the lease, if the 22 term of the renegotiated lease does 23 not exceed 100 years. 24


• S 2109 IS (vii) PROHIBITION ON PERMANENT 1

ALIENATION .—No Navajo Nation CAP 2 water may be permanently alienated. 3 (viii) NO FIRMING OF LEASED 4

WATER .—The firming obligations described 5 in subsection (b)(1) shall not apply to any 6 Navajo Nation CAP water leased by the 7 Navajo Nation to other persons. 8 (ix) E NTITLEMENT TO LEASE AND 9

EXCHANGE FUNDS .— 10 (I) IN GENERAL .—Only the Nav11 ajo Nation, and not the United States 12 in any capacity, shall be entitled to all 13 consideration due to the Navajo Na14 tion under any contracts to lease, op15 tions to lease, contracts to exchange, 16 or options to exchange the Navajo Na17 tion CAP water entered into by the 18 Navajo Nation. 19 (II) O BLIGATIONS OF UNITED 20

STATES .—The United States in any 21 capacity shall have no trust or other 22 obligation to monitor, administer, or 23 account for, in any manner, any funds 24 received by the Navajo Nation as con25


• S 2109 IS sideration under any contracts to 1 lease, options to lease, contracts ex2 change, or options to exchange the 3 Navajo Nation CAP water entered 4 into by the Navajo Nation, except in 5 a case in which the Navajo Nation de6 posits the proceeds of any such lease, 7 option to lease, exchange, or option to 8 exchange into an account held in trust 9 for the Navajo Nation by the United 10 States. 11 (x) W ATER USE ON NAVAJO LAND .— 12 (I) IN GENERAL .—Except as au13 thorized by clause (v), the Navajo Na14 tion CAP water may only be used 15

on— 16 (aa) the Navajo Reservation; 17 (bb) land held in trust by 18 the United States for the benefit 19 of the Navajo Nation; or 20 (cc) land owned by the Nav21 ajo Nation in fee that is located 22 within the State. 23 (II) S TORAGE .—The Navajo Na24 tion may store the Navajo Nation 25


• S 2109 IS CAP water at underground storage 1 facilities or groundwater savings fa2 cilities located within the CAP system 3 service area, consisting of Pima, 4 Pinal, and Maricopa Counties, in ac5 cordance with State law. 6 (III) ASSIGNMENT .—The Navajo 7 Nation may assign any long-term 8 storage credits accrued as a result of 9 storage under subclause (II) in ac10 cordance with State law. 11 (xi) NO USE OUTSIDE ARIZONA.— 12 (I) IN GENERAL .—No Navajo 13 Nation CAP water may be used, 14 leased, exchanged, forborne, or other15 wise transferred by the Navajo Nation 16 for use directly or indirectly outside of 17 the State. 18 (II) AGREEMENTS .—Nothing in 19 this Act or the settlement agreement 20 limits the right of the Navajo Nation 21 to enter into any agreement with the 22 Arizona Water Banking Authority, or 23 any successor agency or entity, in ac24 cordance with State law. 25


• S 2109 IS (xii) CAP FIXED OM&R CHARGES .— 1 (I) IN GENERAL .—The CAP op2 erating agency shall be paid the CAP 3 fixed OM&R charges associated with 4 the delivery of all the Navajo Nation 5 CAP water. 6 (II) P AYMENT OF CHARGES .— 7 Except as provided in clause (xiii), all 8 CAP fixed OM&R charges associated 9 with the delivery of the Navajo Nation 10 CAP water to the Navajo Nation shall 11 be paid by— 12 (aa) the Secretary, pursuant 13 to section 403(f)(2)(A) of the 14 Colorado River Basin Project Act 15 (43 U.S.C. 1543(f)(2)(A)), as 16 long as funds for that payment 17 are available in the Lower Colo18 rado River Basin Development 19 Fund; and 20 (bb) if those funds become 21 unavailable, the Navajo Nation. 22 (xiii) L ESSEE RESPONSIBILITY FOR 23

CHARGES .— 24


• S 2109 IS (I) IN GENERAL .—Any lease or 1 option to lease providing for the tem2 porary delivery to other persons of 3 any Navajo Nation CAP water shall 4 require the lessee to pay the CAP op5 erating agency all CAP fixed OM&R 6 charges and all CAP pumping energy 7 charges associated with the delivery of 8
the leased water. 9 (II) NO RESPONSIBILITY FOR 10

PAYMENT .—Neither the Navajo Na11 tion nor the United States in any ca12 pacity shall be responsible for the pay13 ment of any charges associated with 14 the delivery of the Navajo Nation 15 CAP water leased to other persons. 16 (xiv) A DVANCE PAYMENT .—No Nav17 ajo Nation CAP water shall be delivered 18 unless the CAP fixed OM&R charges and 19 the CAP pumping energy charges associ20 ated with the delivery of that water have 21 been paid in advance. 22 (xv) CALCULATION .—The charges for 23 delivery of the Navajo Nation CAP water 24 pursuant to the Navajo Nation water deliv25


• S 2109 IS ery contract shall be calculated in accord1 ance with the CAP repayment stipulation. 2 (xvi) SHORTAGES OF NAVAJO NATION 3

CAP WATER .—If, for any year, the avail4 able CAP supply is insufficient to meet all 5 demands under CAP contracts for the de6 livery of CAP NIA priority water, the Sec7 retary and the CAP operating agency shall 8 prorate the available CAP NIA priority 9 water among the CAP contractors holding 10 contractual entitlements to CAP NIA pri11 ority water on the basis of the quantity of 12 CAP NIA priority water used by each such 13 CAP contractor in the last year for which 14 the available CAP supply was sufficient to 15 fill all orders for CAP NIA priority water. 16 (xvii) CAP REPAYMENT .—For purpose 17 of determining the allocation and repay18 ment of costs of any stages of the CAP 19 constructed after November 21, 2007, the 20 costs associated with the delivery of the 21 Navajo Nation CAP water, regardless of 22 whether the Navajo Nation CAP water is 23 delivered for use by the Navajo Nation or 24 in accordance with any lease, option to 25


• S 2109 IS lease, exchange, or option to exchange pro1 viding for the delivery to other persons of 2 the Navajo Nation CAP water, shall be— 3 (I) nonreimbursable; and 4 (II) excluded from the repayment 5 obligation of the Central Arizona 6 Water Conservation District. 7 (xviii) NONREIMBURSABLE CAP CON

8

STRUCTION COSTS .— 9 (I) IN GENERAL .—With respect 10 to the costs associated with the con11 struction of the CAP system allocable 12 to the Navajo Nation— 13 (aa) the costs shall be non14 reimbursable; and 15 (bb) the Navajo Nation shall 16 have no repayment obligation for 17
the costs. 18 (II) CAPITAL CHARGES .—No 19 CAP water service capital charges 20 shall be due or payable for the Navajo 21 Nation CAP water, regardless of 22 whether the water is delivered for use 23 by the Navajo Nation or is delivered 24 under any lease, option to lease, ex25


• S 2109 IS change, or option to exchange the 1 Navajo Nation CAP water entered 2 into by the Navajo Nation. 3

SEC. 203. COLORADO RIVER ACCOUNTING. 4 (a) ACCOUNTING FOR THE TYPE OF W ATER D ELIV

5

ERED .—All deliveries of the Navajo Nation CAP water ef6 fected by the diversion of water from the San Juan River 7 shall be accounted for as deliveries of CAP water. 8 (b) ACCOUNTING FOR AS L OWER BASIN U SE IN A RI

9

ZONA REGARDLESS OF PLACE OF U SE OR POINT OF D I

10

VERSION .—All Navajo Nation CAP water delivered to and 11 consumptively used by the Navajo Nation or lessees of the 12 Navajo Nation pursuant to the settlement agreement and 13 this Act shall be— 14 (1) accounted for as if the use had occurred in 15 the lower basin, regardless of the point of diversion 16 or place of use; 17 (2) credited as water reaching Lee Ferry pursu18 ant to articles III(c) and III(d) of the Colorado 19 River Compact; 20 (3) charged against the consumptive use appor21 tionment made to the lower basin by article III(a) 22 of the Colorado River Compact; and 23 (4) accounted for as part of and charged 24 against the 2,800,000 afy of Colorado River water 25


• S 2109 ISapportioned to Arizona in article II(B)(1) of the de1

cree. 2 (c) L IMITATIONS .— 3 (1) IN GENERAL .—Notwithstanding subsections 4 (a) and (b) and subject to paragraphs (2) and (3), 5 no water diverted by the Navajo-Gallup water supply 6 project shall be accounted for as provided in sub7 sections (a) and (b) until such time as the Secretary 8 has developed and, as necessary, modified, in con9 sultation with the Upper Colorado River Commission 10 and the representatives of Governors on Colorado 11 River Operations from each of the respective State 12 signatories to the Colorado River Compact, all oper13 ational and decisional criteria, policies, contracts, 14 guidelines, or other documents that control the oper15 ations of the Colorado River system reservoirs and 16 diversion works, so as to adjust, account for, and 17 offset the diversion of water apportioned to the 18 State, pursuant to the Boulder Canyon Project Act 19 (43 U.S.C. 617 et seq.), from a point of diversion 20 on the San Juan River in New Mexico. 21 (2) MODIFICATIONS .—All modifications under 22 paragraph (1) shall be— 23 (A) consistent with section 10603(c)(2)(A) 24 of the Omnibus Public Land Management Act 25


• S 2109 ISof 2009 (Public Law 111–11; 123 Stat. 1384) 1 and this Act; and 2 (B) applicable only for the duration of any 3 diversion described in paragraph (1) pursuant 4 to section 10603(c)(2)(B) of the Omnibus Pub5 lic Land Management Act of 2009 (Public Law 6 111–11; 123 Stat. 1384) and this Act. 7 (3) A DMINISTRATION .—Article II(B) of the de8 cree shall be administered so that diversions from 9 the mainstream of the Colorado River for the Cen10 tral Arizona Project, as served under existing con11 tracts with the United States by diversion works 12 constructed before the date of enactment of this Act, 13 shall be limited and reduced to offset any diversions 14 of CAP water made pursuant to section 15 10603(c)(2)(B) of the Omnibus Public Land Man16 agement Act of 2009 (Public Law 111–11; 123 Stat. 17 1384) and this Act. 18 (4) E FFECT OF SUBSECTION .—This subsection 19
shall not— 20 (A) affect, in any manner, the quantity of 21 water apportioned to the State pursuant to the 22 Boulder Canyon Project Act (43 U.S.C. 617 et 23 seq.) and the decree; or 24


• S 2109 IS (B) amend any provision of the decree or 1 the Colorado River Basin Project Act (43 2 U.S.C. 1501 et seq.). 3

SEC. 204. NO MODIFICATION OF EXISTING LAWS. 4 (a) NO MODIFICATION OR PREEMPTION OF O THER 5
LAWS .—Unless expressly provided in this Act, nothing in 6 this Act modifies, conflicts with, preempts, or otherwise 7 affects— 8 (1) the Boulder Canyon Project Act (43 U.S.C. 9 617 et seq.); 10 (2) the Boulder Canyon Project Adjustment Act 11 (43 U.S.C. 618 et seq.); 12 (3) the Act of April 11, 1956 (commonly known 13 as the ‘‘Colorado River Storage Project Act’’) (43 14 U.S.C. 620 et seq.); 15 (4) the Colorado River Basin Project Act (43 16 U.S.C. 1501 et seq.); 17 (5) the Treaty between the United States of 18 America and Mexico respecting utilization of waters 19 of the Colorado and Tijuana Rivers and of the Rio 20 Grande, signed at Washington on February 3, 1944 21 (59 Stat. 1219); 22 (6) the Colorado River Compact; 23 (7) the Upper Colorado River Basin Compact; 24

or 25


• S 2109 IS (8) the Omnibus Public Land Management Act 1 of 2009 (Public Law 111–11; 123 Stat. 991). 2 (b) NO PRECEDENT .—Nothing in this Act— 3 (1) authorizes or establishes a precedent for 4 any type of transfer of Colorado River system water 5 between the upper basin and the lower basin; or 6 (2) expands the authority of the Secretary in 7 the upper basin. 8 (c) PRESERVATION OF EXISTING RIGHTS .— 9 (1) IN GENERAL .—Rights to the consumptive 10 use of water available to the upper basin from the 11 Colorado River system under the Colorado River 12 Compact and the Upper Colorado River Basin Com13 pact shall not be reduced or prejudiced by any use 14 of water pursuant to section 10603(c) of the Omni15 bus Public Land Management Act of 2009 (Public 16 Law 111–11; 123 Stat. 1384) or this Act. 17 (2) NO EFFECT ON DUTIES AND POWERS .— 18 Nothing in this Act impairs, conflicts with, or other19 wise changes the duties and powers of the Upper 20 Colorado River Commission. 21 (d) U NIQUE SITUATION .—Diversions through the 22 Navajo-Gallup water supply project consistent with this 23 Act address critical tribal and non-Indian water supply 24 needs under unique circumstances, including— 25


• S 2109 IS (1) the intent to benefit Indian tribes in the 1 United States; 2 (2) the location of the Navajo Nation in both 3 the upper basin and the lower basin; 4 (3) the intent to address critical Indian and 5 non-Indian water needs in the State; and 6 (4) the lack of other reasonable options avail7 able for developing a firm, sustainable supply of mu8 nicipal water for the Navajo Nation in the State. 9 (e) E FFICIENT U SE .—The diversions and uses au10 thorized for the Navajo-Gallup water supply project under 11 this Act represent unique and efficient uses of Colorado 12 River apportionments in a manner that Congress has de13 termined would be consistent with the obligations of the 14 United States to the Navajo Nation. 15

SEC. 205. AMENDMENTS. 16 (a) A MENDMENTS TO THE O MNIBUS PUBLIC LAND 17
M ANAGEMENT ACT OF 2009.— 18 (1) D EFINITIONS .—Section 10302 of the Omni19 bus Public Land Management Act of 2009 (43 20 U.S.C. 407 note; Public Law 111–11) is amended— 21 (A) in paragraph (2), by striking 22 ‘‘Arrellano’’ and inserting ‘‘Arellano’’; and 23 (B) in paragraph (27), by striking ‘‘75– 24 185’’ and inserting ‘‘75–184’’. 25


• S 2109 IS (2) D ELIVERY AND USE OF NAVAJO

- GALLUP 1

WATER SUPPLY PROJECT WATER .—Section 10603(c) 2 of the Omnibus Public Land Management Act of 3 2009 (Public Law 111–11; 123 Stat. 1384) is 4
amended— 5 (A) in paragraph (1)(A), by striking 6 ‘‘Lower Basin and’’ and inserting ‘‘Lower 7 Basin or’’; and 8 (B) in paragraph (2)(A)— 9 (i) in clause (i), by striking ‘‘Article 10 III(c)’’ and inserting ‘‘Articles III(c)’’; and 11 (ii) in clause (ii)(II), by striking ‘‘Ar12 ticle III(c)’’ and inserting ‘‘Articles III(c)’’. 13 (3) PROJECT CONTRACTS .—Section 10604(f)(1) 14 of the Omnibus Public Land Management Act of 15 2009 (Public Law 111–11; 123 Stat. 1391) is 16 amended by inserting ‘‘Project’’ before ‘‘water.’’ 17 (4) A UTHORIZATION OF APPROPRIATIONS .— 18 Section 10609 of the Omnibus Public Land Manage19 ment Act of 2009 (Public Law 111–11; 123 Stat. 20 1395) is amended— 21 (A) in paragraphs (1) and (2) of sub22 section (b), by striking ‘‘construction or reha23 bilitation’’ each place it appears and inserting 24


• S 2109 IS‘‘planning, design, construction, rehabilita1 tion,’’; 2 (B) in subsection (e)(1), by striking ‘‘2 3 percent’’ and inserting ‘‘4 percent’’; and 4 (C) in subsection (f)(1), by striking ‘‘4 5 percent’’ and inserting ‘‘2 percent’’. 6 (5) AGREEMENT .—Section 10701(e) of the Om7 nibus Public Land Management Act of 2009 (Public 8 Law 111–11; 123 Stat. 1400) is amended in para9 graphs (2)(A), (2)(B), and (3)(A) by striking ‘‘and 10 Contract’’ each place it appears. 11 (b) A MENDMENTS TO THE A RIZONA W ATER SETTLE

12

MENTS ACT OF 2004.—Section 104(a)(1)(B)(ii) of the Ar13 izona Water Settlements Act of 2004 (Public Law 108– 14 451; 118 Stat. 3487) is amended in the first sentence by 15 striking ‘‘claims to water in Arizona’’ and inserting 16 ‘‘claims to the Little Colorado River in Arizona.’’ 17 (c) E FFECTIVE DATES .—The amendments made by 18 subsections (a)(2)(A) and (b) take effect on the date of 19 publication in the Federal Register of the statement of 20 findings described in section 201(b). 21


• S 2109 IS SEC. 206. RETENTION OF LOWER COLORADO RIVER WATER 1

FOR FUTURE LOWER COLORADO RIVER SET2

TLEMENT. 3 (a) RETENTION OF CAP NIA PRIORITY W ATER .— 4 Notwithstanding section 104(a)(1)(B)(i) of the Arizona 5 Water Settlements Act (Public Law 108–451; 118 Stat. 6 3487), the Secretary shall retain until January 1, 2031— 7 (1) 22,589 afy of the CAP NIA priority water 8 referred to in section 104(a)(1)(A)(iii) of that Act 9 (Public Law 108–451; 118 Stat. 3487) for use in a 10 future settlement of the claims of the Navajo Nation 11 to Lower Colorado River water; and 12 (2) 1,000 afy of the CAP NIA priority water 13 referred to in section 104(a)(1)(A)(iii) of that Act 14 (Public Law 108–451; 118 Stat. 3487) for use in a 15 future settlement of the claims of the Hopi Tribe to 16 Lower Colorado River water. 17 (b) RETENTION OF F OURTH PRIORITY M AINSTREAM 18 C OLORADO RIVER W ATER .—The Secretary shall retain— 19 (1) 2,000 afy of the 3,500 afy of uncontracted 20 Arizona fourth priority Colorado River water re21 ferred to in section 11.3 of the Arizona Water Set22 tlement Agreement, among the Director of the Ari23 zona Department of Water Resources, the Central 24 Arizona Water Conservation District, and the Sec25 retary, dated August 16, 2004, for use in a future 26


• S 2109 IS settlement of the claims of the Navajo Nation to 1 Lower Colorado River water; and 2 (2) 1,500 afy of the 3,500 afy of uncontracted 3 Arizona fourth priority Colorado River water re4 ferred to in subparagraph 11.3 of the Arizona Water 5 Settlement Agreement, among the Director of the 6 Arizona Department of Water Resources, the Cen7 tral Arizona Water Conservation District, and the 8 Secretary, dated August 16, 2004, for use in a fu9 ture settlement of the claims of the Hopi Tribe to 10 Lower Colorado River water. 11 (c) C ONDITIONS .— 12 (1) N AVAJO NATION .—If Congress does not ap13 prove a settlement of the claims of the Navajo Na14 tion to Lower Colorado River water by January 1, 15 2031, the 22,589 afy of CAP NIA priority water re16 ferred to in subsection (a)(1) shall be available to 17 the Secretary under section 104(a)(1)(B)(i) of the 18 Arizona Water Settlements Act (Public Law 108– 19 451; 118 Stat. 3487). 20 (2) H OPI TRIBE .—If Congress does not approve 21 a settlement of the claims of the Hopi Tribe to 22 Lower Colorado River water by January 1, 2031, 23 the 1,000 afy of CAP NIA priority water referred to 24 in subsection (a)(2) shall be available to the Sec25


• S 2109 IS retary under section 104(a)(1)(B)(i) of the Arizona 1 Water Settlements Act (Public Law 108–451; 118 2 Stat. 3487). 3 (3) W ATER RETAINED FOR THE NAVAJO NA

4

TION .— 5 (A) IN GENERAL .—Except as provided in 6 subparagraph (B), the fourth priority Colorado 7 River water retained for the Navajo Nation 8 under subsection (b)(1) shall not be allocated, 9 nor shall any contract be issued under the 10 Boulder Canyon Project Act (42 U.S.C. 617 et 11 seq.) for the use of the water, until a final In12 dian water rights settlement for the Navajo Na13 tion has been approved by Congress, resolving 14 the claims of the Navajo Nation to Lower Colo15 rado River water within the State. 16 (B) A DJUDICATION OF NAVAJO NATION 17

CLAIMS .— 18 (i) IN GENERAL .—Except as provided 19 in paragraph (1) and subparagraph (C), if 20 the claims of the Navajo Nation to Lower 21 Colorado River water are fully and finally 22 adjudicated through litigation without a 23 settlement of those claims, the 22,589 afy 24 of CAP NIA priority water referred to in 25


• S 2109 IS subsection (a)(1) and the 2,000 afy of 1 fourth priority Colorado River water re2 ferred to in subsection (b)(1)— 3 (I) shall no longer be retained as 4 provided in those subsections; but 5 (II) shall be used to satisfy, in 6 whole or in part, any rights of the 7 Navajo Nation to Lower Colorado 8 River water determined through that 9 litigation. 10 (ii) M ANNER AND EXTENT OF DIS

11

TRIBUTION .— 12 (I) IN GENERAL .—Notwith13 standing the last sentence of section 14 104(a)(1)(B)(i) of the Arizona Water 15 Settlements Act (Public Law 108– 16 451; 118 Stat. 3487), the manner and 17 extent to which the water described in 18 clause (i) shall be used to satisfy any 19 rights of the Navajo Nation shall be 20 determined by the court in the litiga21 tion. 22 (II) CAP NIA PRIORITY 23

WATER .—To the extent that any of 24 the CAP NIA priority water is not 25


• S 2109 IS needed to satisfy any rights of the 1 Navajo Nation described in clause (i), 2 the water shall be available to the 3 Secretary under section 4 104(a)(1)(B)(i) of the Arizona Water 5 Settlements Act (Public Law 108– 6 451; 118 Stat. 3487). 7 (III) F OURTH PRIORITY COLO

8

RADO RIVER WATER .—To the extent 9 that any of the fourth priority Colo10 rado River water is not needed to sat11 isfy any rights of the Navajo Nation 12 described in clause (i), the water shall 13 be retained by the Secretary for uses 14 relating to Indian water right settle15 ments in the State. 16 (C) T ERMINATION OF RETENTION OF CAP 17

WATER .— 18 (i) IN GENERAL .—If the Navajo Na19 tion files an action against the United 20 States regarding the claims of the Navajo 21 Nation to Lower Colorado River water or 22 the operation of the Lower Colorado River 23 after the Navajo Nation dismisses the 24 court case described in section 109(e) and 25


• S 2109 IS before January 1, 2031, the Secretary 1 may, prior to any judicial determination of 2 the claims asserted in the action, terminate 3 the retention of the 22,589 afy of CAP 4 NIA priority water described in subsection 5 (a)(1). 6 (ii) REQUIREMENTS FOLLOWING TER

7

MINATION .—If the Secretary terminates 8 the retention of the 22,589 afy of CAP 9 NIA priority water under this subsection, 10 the Secretary shall— 11 (I) promptly give written notice 12 of that action to the Navajo Nation 13 and the Arizona Department of Water 14 Resources; and 15 (II) use the 22,589 afy of CAP 16 NIA priority water as provided in sec17 tion 104(a)(1)(B)(i) of the Arizona 18 Water Settlements Act (Public Law 19 108–451; 118 Stat. 3487). 20 (4) W ATER RETAINED FOR HOPI TRIBE .— 21 (A) IN GENERAL .—Except as provided in 22 subparagraph (B), the fourth priority Colorado 23 River water retained for the Hopi Tribe under 24 subsection (b)(2) shall not be allocated, nor 25


• S 2109 ISshall any contract be issued under the Boulder 1 Canyon Project Act (43 U.S.C. 617 et seq.) for 2 the use of the water, until a final Indian water 3 rights settlement for the Hopi Tribe and the 4 Navajo Nation has been approved by Congress, 5 resolving the claims of the Hopi Tribe and the 6 Navajo Nation to Lower Colorado River water 7 within the State. 8 (B) A DJUDICATION OF HOPI TRIBE 9

CLAIMS .— 10 (i) IN GENERAL .—Except as provided 11 in paragraph (1) and subparagraph (C), if 12 the claims of the Hopi Tribe to the Lower 13 Colorado River are fully and finally adju14 dicated through litigation without a settle15 ment of those claims, the 1,000 afy of 16 CAP NIA priority water referred to in sub17 section (a)(2) and the 1,500 afy of fourth 18 priority Colorado River water referred to 19 in subsection (b)(2)— 20 (I) shall no longer be retained as 21 provided in those subsections; but 22 (II) shall be used to satisfy, in 23 whole or in part, any rights of the 24 Hopi Tribe to Lower Colorado River 25


• S 2109 IS water determined through that litiga1 tion. 2 (ii) M ANNER AND EXTENT OF DIS

3

TRIBUTION OF WATER .— 4 (I) IN GENERAL .—Notwith5 standing the last sentence of section 6 104(a)(1)(B)(i) of the Arizona Water 7 Settlements Act (Public Law 108– 8 451; 118 Stat. 3487), the manner and 9 extent to which the water described in 10 clause (i) shall be used to satisfy any 11 rights of the Hopi Tribe shall be de12 termined by the court in the litigation. 13 (II) CAP NIA PRIORITY 14

WATER .—To the extent that any of 15 the CAP NIA priority water is not 16 needed to satisfy any rights of the 17 Hopi Tribe described in clause (i), 18 that water shall be available to the 19 Secretary under section 20 104(A)(1)(B)(i) of the Arizona Water 21 Settlements Act (Public Law 108– 22 451; 118 Stat. 3487). 23 (III) F OURTH PRIORITY COLO

24

RADO RIVER WATER .—To the extent 25


• S 2109 IS that any of the fourth priority Colo1 rado River water is not needed to sat2 isfy any rights of the Hopi Tribe de3 scribed in clause (i), that water shall 4 be retained by the Secretary for uses 5 relating to Indian water right settle6 ments in the State. 7 (C) T ERMINATION OF RETENTION OF CAP 8

WATER .— 9 (i) IN GENERAL .—If the Hopi Tribe 10 files an action against the United States 11 regarding the claims of the Hopi Tribe to 12 Lower Colorado River water or the oper13 ation of the Lower Colorado River before 14 January 1, 2031, the Secretary may, prior 15 to any judicial determination of those 16 claims, terminate the retention of the 17 1,000 afy of CAP NIA priority water de18 scribed in subsection (a)(2). 19 (ii) REQUIREMENTS FOLLOWING TER

20

MINATION .—If the Secretary terminates 21 the retention of the 1,000 afy of CAP NIA 22 priority water under this subparagraph, 23 the Secretary shall— 24


• S 2109 IS (I) promptly give written notice 1 of that action to the Hopi Tribe and 2 the Arizona Department of Water Re3 sources; and 4 (II) use the 1,000 afy of CAP 5 NIA priority water as provided in sec6 tion 104(A)(1)(B)(i) of the Arizona 7 Water Settlements Act (Public Law 8 108–451; 118 Stat. 3487). 9 (5) E FFECT OF SECTION .—Nothing in this sec10 tion determines, confirms, or limits the validity or 11 extent of the claims of the Navajo Nation and the 12 Hopi Tribe to Lower Colorado River water. 13

SEC. 207. AUTHORIZATION OF APPROPRIATIONS FOR FEA14

SIBILITY STUDY. 15 There is authorized to be appropriated to complete 16 the feasibility investigations of the Western Navajo Pipe17 line component of the North Central Arizona Water Sup18 ply Study $3,300,000. 19 

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