IB 

Union Calendar No. 478 

113TH CONGRESS 

2D SESSION H. R. 4924 

[Report No. 113–638] 

To direct the Secretary of the Interior to enter into the Big Sandy RiverPlanet Ranch Water Rights Settlement Agreement and the Hualapai 

Tribe Bill Williams River Water Rights Settlement Agreement, to provide 

for the lease of certain land located within Planet Ranch on the Bill 

Williams River in the State of Arizona to benefit the Lower Colorado 

River Multi-Species Conservation Program, and to provide for the settlement of specific water rights claims in the Bill Williams River watershed 

in the State of Arizona. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 20, 2014 

Mr. GOSAR (for himself, Mr. BARBER, Mr. FRANKS of Arizona, Mr. GRIJALVA, Mrs. KIRKPATRICK, Mr. SALMON, Mr. SCHWEIKERT, Ms. SINEMA, 

and Mr. PASTOR of Arizona) introduced the following bill; which was referred to the Committee on Natural Resources 

DECEMBER 1, 2014 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 20, 2014] 


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A BILL 

To direct the Secretary of the Interior to enter into the 

Big Sandy River-Planet Ranch Water Rights Settlement 

Agreement and the Hualapai Tribe Bill Williams River 

Water Rights Settlement Agreement, to provide for the 

lease of certain land located within Planet Ranch on 

the Bill Williams River in the State of Arizona to benefit 

the Lower Colorado River Multi-Species Conservation 

Program, and to provide for the settlement of specific 

water rights claims in the Bill Williams River watershed 

in the State of Arizona. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bill Williams River 

5 Water Rights Settlement Act of 2014’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to achieve a fair, equitable, and final settle9 ment of certain claims among certain parties to water 

10 rights in the Bill Williams River watershed in the 

11 State of Arizona for— 

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

13 the Tribe and members of the Tribe); and 

14 (B) the Department of the Interior, acting 

15 on behalf of the Department and, as specified, 

16 the United States as trustee for the Hualapai 

17 Tribe, the members of the Tribe, and the 

18 allottees; 

19 (2) to approve, ratify, and confirm— 

20 (A) the Big Sandy River-Planet Ranch 

21 Water Rights Settlement Agreement entered into 

22 among the Hualapai Tribe, the United States as 

23 trustee for the Tribe, the members of the Tribe 

24 and allottees, the Secretary of the Interior, the 

25 Arizona department of water resources, Freeport 


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1 Minerals Corporation, and the Arizona Game 

2 and Fish Commission, to the extent the Big 

3 Sandy River-Planet Ranch Agreement is con4 sistent with this Act; and 

5 (B) the Hualapai Tribe Bill Williams River 

6 Water Rights Settlement Agreement entered into 

7 among the Tribe, the United States as trustee for 

8 the Tribe, members of the Tribe, the allottees, 

9 and the Freeport Minerals Corporation, to the 

10 extent the Hualapai Tribe Agreement is con11 sistent with this Act; 

12 (3) to authorize and direct the Secretary— 

13 (A) to execute the duties and obligations of 

14 the Secretary under the Big Sandy River-Planet 

15 Ranch Agreement, the Hualapai Tribe Agree16 ment, and this Act; 

17 (B)(i) to remove objections to the applica18 tions for the severance and transfer of certain 

19 water rights, in partial consideration of the 

20 agreement of the parties to impose certain limits 

21 on the extent of the use and transferability of the 

22 severed and transferred water right and other 

23 water rights; and 

24 (ii) to provide confirmation of those water 

25 rights; and 


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1 (C) to carry out any other activity nec2 essary to implement the Big Sandy River-Planet 

3 Ranch Agreement and the Hualapai Tribe 

4 Agreement in accordance with this Act; 

5 (4) to advance the purposes of the Lower Colo6 rado River Multi-Species Conservation Program; 

7 (5) to secure a long-term lease for a portion of 

8 Planet Ranch, along with appurtenant water rights 

9 primarily along the Bill Williams River corridor, for 

10 use in the Conservation Program; 

11 (6) to bring the leased portion of Planet Ranch 

12 into public ownership for the long-term benefit of the 

13 Conservation Program; and 

14 (7) to secure from the Freeport Minerals Cor15 poration non-Federal contributions— 

16 (A) to support a tribal water supply study 

17 necessary for the advancement of a settlement of 

18 the claims of the Tribe for rights to Colorado 

19 River water; and 

20 (B) to enable the Tribe to secure Colorado 

21 River water rights and appurtenant land, in22 crease security of the water rights of the Tribe, 

23 and facilitate a settlement of the claims of the 

24 Tribe for rights to Colorado River water. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADWR.—The term ‘‘ADWR’’ means the Ari4 zona department of water resources, established pur5 suant to title 45 of the Arizona Revised Statutes (or 

6 a successor agency or entity). 

7 (2) ALLOTMENT.—The term ‘‘allotment’’ means 

8 the 4 off-reservation parcels held in trust by the 

9 United States for individual Indians in the Big 

10 Sandy River basin in Mohave County, Arizona, 

11 under the patents numbered 1039995, 1039996, 

12 1039997, and 1019494. 

13 (3) ALLOTTEE.—The term ‘‘allottee’’ means any 

14 Indian owner of an allotment under a patent num15 bered 1039995, 1039996, 1039997, or 1019494. 

16 (4) ARIZONA GAME AND FISH COMMISSION.—The 

17 term ‘‘Arizona Game and Fish Commission’’ means 

18 the entity established pursuant to title 17 of the Ari19 zona Revised Statutes to control the Arizona game 

20 and fish department (or a successor agency or entity). 

21 (5) BAGDAD MINE COMPLEX AND BAGDAD TOWN22 SITE.—The term ‘‘Bagdad Mine Complex and Bagdad 

23 Townsite’’ means the geographical area depicted on 

24 the map attached as exhibit 2.9 to the Big Sandy 

25 River-Planet Ranch Agreement. 


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1 (6) BIG SANDY RIVER-PLANET RANCH AGREE2 MENT.—The term ‘‘Big Sandy River-Planet Ranch 

3 Agreement’’ means the Big Sandy River-Planet 

4 Ranch Water Rights Settlement Agreement dated July 

5 2, 2014, and any amendment or exhibit (including 

6 exhibit amendments) to that Agreement that is— 

7 (A) made in accordance with this Act; or 

8 (B) otherwise approved by the Secretary 

9 and the parties to the Big Sandy River-Planet 

10 Ranch Agreement. 

11 (7) BILL WILLIAMS RIVER WATERSHED.—The 

12 term ‘‘Bill Williams River watershed’’ means the wa13 tershed drained by the Bill Williams River and the 

14 tributaries of that river, including the Big Sandy and 

15 Santa Maria Rivers. 

16 (8) CONSERVATION PROGRAM.—The term ‘‘Con17 servation Program’’ has the meaning given the term 

18 ‘‘Lower Colorado River Multi-Species Conservation 

19 Program’’ in section 9401 of the Omnibus Public 

20 Land Management Act of 2009 (Public Law 111–11; 

21 123 Stat. 1327). 

22 (9) CORPORATION.— 

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

24 means the Freeport Minerals Corporation, incor25 porated in the State of Delaware. 


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

2 includes all subsidiaries, affiliates, successors, 

3 and assigns of the Freeport Minerals Corpora4 tion (such as Byner Cattle Company, incor5 porated in the State of Nevada). 

6 (10) DEPARTMENT.—The term ‘‘Department’’ 

7 means the Department of the Interior and all con8 stituent bureaus of that Department. 

9 (11) ENFORCEABILITY DATE.—The term ‘‘en10 forceability date’’ means the date described in section 

11 9. 

12 (12) FREEPORT GROUNDWATER WELLS.— 

13 (A) IN GENERAL.—The term ‘‘Freeport 

14 Groundwater Wells’’ means the 5 wells identified 

15 by ADWR well registration numbers— 

16 (i) 55–592824; 

17 (ii) 55–595808; 

18 (iii) 55–595810; 

19 (iv) 55–200964; and 

20 (v) 55–908273. 

21 (B) INCLUSIONS.—The term ‘‘Freeport 

22 Groundwater Wells’’ includes any replacement of 

23 a well referred to in subparagraph (A) drilled by 

24 or for the Corporation to supply water to the 

25 Bagdad Mine Complex and Bagdad Townsite. 


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1 (C) EXCLUSIONS.—The term ‘‘Freeport 

2 Groundwater Wells’’ does not include any other 

3 well owned by the Corporation at any other loca4 tion. 

5 (13) HUALAPAI TRIBE AGREEMENT.—The term 

6 ‘‘Hualapai Tribe Agreement’’ means the Hualapai 

7 Tribe Bill Williams River Water Rights Settlement 

8 Agreement dated July 2, 2014, including any amend9 ment or exhibit (including exhibit amendments) to 

10 that Agreement that is— 

11 (A) made in accordance with this Act; or 

12 (B) otherwise approved by the Secretary 

13 and the parties to the Agreement. 

14 (14) HUALAPAI TRIBE WATER RIGHTS SETTLE15 MENT AGREEMENT.—The term ‘‘Hualapai Tribe 

16 Water Rights Settlement Agreement’’ means the com17 prehensive settlement agreement in the process of ne18 gotiation as of the date of enactment of this Act to re19 solve the claims of the Tribe for rights to Colorado 

20 River water and Verde River water with finality. 

21 (15) INJURY.— 

22 (A) IN GENERAL.—The term ‘‘injury’’, with 

23 respect to a water right, means any interference 

24 with, diminution of, or deprivation of the water 

25 right under Federal, State, or other law. 


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1 (B) EXCLUSION.—The term ‘‘injury’’ does 

2 not include any injury to water quality. 

3 (16) LINCOLN RANCH.—The term ‘‘Lincoln 

4 Ranch’’ means the property owned by the Corporation 

5 described in the special warranty deed recorded on 

6 December 4, 1995, at Book 1995 and Page 05874 in 

7 the official records of La Paz County, Arizona. 

8 (17) PARCEL 1.—The term ‘‘Parcel 1’’ means the 

9 parcel of land that— 

10 (A) is depicted as 3 contiguous allotments 

11 identified as 1A, 1B, and 1C on the map at12 tached to the Big Sandy River-Planet Ranch 

13 Agreement as exhibit 2.10; and 

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

15 (18) PARCEL 2.—The term ‘‘Parcel 2’’ means the 

16 parcel of land that— 

17 (A) is depicted on the map attached to the 

18 Big Sandy River-Planet Ranch Agreement as ex19 hibit 2.10; and 

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

21 (19) PARCEL 3.—The term ‘‘Parcel 3’’ means the 

22 parcel of land that— 

23 (A) is depicted on the map attached to the 

24 Big Sandy River-Planet Ranch Agreement as ex25 hibit 2.10; 


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1 (B) is held in trust for the Tribe; and 

2 (C) is part of the Hualapai Reservation 

3 pursuant to Executive Order 1368 of June 2, 

4 1911. 

5 (20) PARTY.—The term ‘‘party’’ means an indi6 vidual or entity that is a signatory to— 

7 (A) the Big Sandy River-Planet Ranch 

8 Agreement; or 

9 (B) the Hualapai Tribe Agreement. 

10 (21) PLANET RANCH.—The term ‘‘Planet Ranch’’ 

11 means the property owned by the Corporation de12 scribed— 

13 (A) in the special warranty deed recorded 

14 on December 14, 2011, at Book 2011 and Page 

15 05267 in the official records of La Paz County, 

16 Arizona; and 

17 (B) as Instrument No. 2011–062804 in the 

18 official records of Mohave County, Arizona. 

19 (22) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (23) SEVER AND TRANSFER APPLICATIONS.—The 

22 term ‘‘sever and transfer applications’’ means the ap23 plications filed or amended by the Corporation and 

24 pending on the date of enactment of this Act to sever 

25 and transfer certain water rights— 


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1 (A) from Lincoln Ranch and from Planet 

2 Ranch to the Wikieup Wellfield for use at the 

3 Bagdad Mine Complex and Bagdad Townsite; 

4 and 

5 (B) from portions of Planet Ranch (as de6 termined on the date on which the applications 

7 were filed or amended) to new locations within 

8 Planet Ranch. 

9 (24) TRIBE.—The term ‘‘Tribe’’ means the 

10 Hualapai Tribe, organized under section 16 of the Act 

11 of June 18, 1934 (25 U.S.C. 476) (commonly known 

12 as the ‘‘Indian Reorganization Act’’), and recognized 

13 by the Secretary. 

14 (25) WATER RIGHT.—The term ‘‘water right’’ 

15 means— 

16 (A) any right in or to groundwater, surface 

17 water, or effluent under Federal, State, or other 

18 law; and 

19 (B) for purposes of subsections (d) and (e) 

20 of section 5, any right to Colorado River water. 

21 (26) WIKIEUP WELLFIELD.—The term ‘‘Wikieup 

22 Wellfield’’ means the geographical area depicted on 

23 the map attached as exhibit 2.10 to the Big Sandy 

24 River-Planet Ranch Agreement. 


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1 SEC. 4. BIG SANDY RIVER-PLANET RANCH AGREEMENT. 

2 (a) IN GENERAL.—Except to the extent that any provi3 sion of, or amendment to, the Big Sandy River-Planet 

4 Ranch Agreement conflicts with this Act— 

5 (1) the Big Sandy River-Planet Ranch Agree6 ment is authorized, ratified, and confirmed; and 

7 (2) any amendment to the Big Sandy River8 Planet Ranch Agreement executed to make the Big 

9 Sandy River-Planet Ranch Agreement consistent with 

10 this Act is authorized, ratified, and confirmed. 

11 (b) EXECUTION.—To the extent that the Big Sandy 

12 River-Planet Ranch Agreement does not conflict with this 

13 Act, and in support of the purposes of this Act, the Sec14 retary shall execute— 

15 (1) the Big Sandy River-Planet Ranch Agree16 ment (including all exhibits to the Big Sandy River17 Planet Ranch Agreement requiring the signature of 

18 the Secretary); 

19 (2) any amendment to the Big Sandy River20 Planet Ranch Agreement (including any amendment 

21 to an exhibit of the Big Sandy River-Planet Ranch 

22 Agreement requiring the signature of the Secretary) 

23 that is necessary to make the Big Sandy River-Planet 

24 Ranch Agreement consistent with this Act; and 

25 (3) a conditional withdrawal of each objection 

26 filed by the Bureau of Indian Affairs, the Bureau of 


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1 Land Management, and the United States Fish and 

2 Wildlife Service to the sever and transfer applications 

3 in the form set forth in exhibit 4.2.1(ii)(b) to the Big 

4 Sandy River-Planet Ranch Agreement. 

5 (c) MODIFICATIONS AND CORRECTIONS.—The Sec6 retary may execute any other amendment to the Big Sandy 

7 River Planet-Ranch Agreement (including any amendment 

8 to an exhibit to the Big Sandy River-Planet Ranch Agree9 ment requiring the signature of the Secretary) that is not 

10 inconsistent with this Act, if the amendment— 

11 (1) is approved by the Secretary and the parties 

12 to the Big Sandy River-Planet Ranch Agreement; and 

13 (2) does not require approval by Congress. 

14 (d) PROHIBITION.—The Secretary shall not file an ob15 jection to any amendment to the sever and transfer applica16 tions or any new sever or transfer application filed by the 

17 Corporation to accomplish the sever and transfer of 10,055 

18 acre-feet per year of water rights from Planet Ranch and 

19 Lincoln Ranch to the Wikieup Wellfield, subject to the con20 dition that the form of such an amendment or new applica21 tion shall be substantially similar to a form attached to 

22 the Big Sandy River-Planet Ranch Agreement as exhibit 

23 4.2.1(ii)(a)(1) or 4.2.1(ii)(a)(2). 


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1 SEC. 5. HUALAPAI TRIBE AGREEMENT. 

2 (a) IN GENERAL.—Except to the extent that any provi3 sion of, or amendment to, the Hualapai Tribe Agreement 

4 conflicts with this Act— 

5 (1) the Hualapai Tribe Agreement is authorized, 

6 ratified, and confirmed; and 

7 (2) any amendment to the Hualapai Tribe 

8 Agreement executed to make the Hualapai Tribe 

9 Agreement consistent with this Act is authorized, rati10 fied, and confirmed. 

11 (b) EXECUTION.—To the extent that the Hualapai 

12 Tribe Agreement does not conflict with this Act, and in sup13 port of the purposes of this Act, the Secretary shall exe14 cute— 

15 (1) the Hualapai Tribe Agreement (including all 

16 exhibits to the Hualapai Tribe Agreement requiring 

17 the signature of the Secretary); and 

18 (2) any amendment to the Hualapai Tribe 

19 Agreement (including any amendment to an exhibit 

20 of the Hualapai Tribe Agreement requiring the signa21 ture of the Secretary) that is necessary to make the 

22 Hualapai Tribe Agreement consistent with this Act. 

23 (c) MODIFICATIONS AND CORRECTIONS.—The Sec24 retary may execute any other amendment to the Hualapai 

25 Tribe Agreement (including any amendment to an exhibit 

26 to the Hualapai Tribe Agreement requiring the signature 


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1 of the Secretary) that is not inconsistent with this Act, if 

2 the amendment— 

3 (1) is approved by the Secretary and the parties 

4 to the Hualapai Tribe Agreement; and 

5 (2) does not require approval by Congress. 

6 (d) CONTRIBUTION OF CORPORATION TO ECONOMIC

7 DEVELOPMENT FUND.— 

8 (1) IN GENERAL.—The contribution of the Cor9 poration to the economic development fund of the 

10 Tribe, as provided in section 8.1 of the Hualapai 

11 Tribe Agreement— 

12 (A) may be used by the Tribe for the limited 

13 purpose of facilitating settlement of the claims of 

14 the Tribe for rights to Colorado River water by 

15 enabling the Tribe— 

16 (i) to acquire Colorado River water 

17 rights with the intent to increase the secu18 rity of the water rights of the Tribe; and 

19 (ii) to otherwise facilitate the use of 

20 water on the Hualapai Reservation; 

21 (B) shall be considered to be a non-Federal 

22 contribution that counts toward any non-Federal 

23 contribution associated with a settlement of the 

24 claims of the Tribe for rights to Colorado River 

25 water; and 


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1 (C) shall not be— 

2 (i) considered to be trust funds; or 

3 (ii) subject to responsibility or man4 agement by the United States as trustee for 

5 the Tribe, members of the Tribe, and the 

6 allottees. 

7 (2) LIMITATION ON TRANSFER OF WATER

8 RIGHTS.—The Colorado River water rights acquired 

9 by the Tribe may be used off the Hualapai Reserva10 tion only for irrigation of acquired appurtenant land, 

11 or for storage in accordance with Federal and State 

12 law in a permitted recharge facility in the State of 

13 Arizona, subject to the conditions that— 

14 (A) the Tribe shall not seek to transfer or 

15 sell accumulated long-term storage credits gen16 erated from the storage of the acquired Colorado 

17 River water rights; and 

18 (B) the Tribe shall not seek approval to 

19 change the place of use of the acquired Colorado 

20 River water rights, except for the purposes of 

21 storing the water in accordance with this para22 graph. 

23 (3) EXPIRATION.—The limitation provided 

24 under paragraph (2) expires on the earlier of— 


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1 (A) the date on which the Hualapai Tribe 

2 Water Rights Settlement Agreement becomes en3 forceable; and 

4 (B) December 31, 2039. 

5 (4) COLORADO RIVER WATER RIGHTS COUNTED

6 AGAINST CLAIMS OF TRIBE.— 

7 (A) IN GENERAL.—If the Hualapai Tribe 

8 Water Rights Settlement Agreement does not be9 come enforceable by December 31, 2039, any Col10 orado River water rights acquired by the Tribe 

11 with the contribution of the Corporation to the 

12 economic development fund of the Tribe shall be 

13 counted, on an acre-foot per acre-foot basis, to14 ward the claims of the Tribe for rights to Colo15 rado River water in any subsequent settlement 

16 or adjudication of those claims. 

17 (B) EFFECT OF PARAGRAPH.—Nothing in 

18 this paragraph restricts any claim for rights of 

19 the Tribe to Colorado River water in any subse20 quent settlement or adjudication. 

21 (e) FUTURE LIMITATIONS ON LAND TAKEN INTO

22 TRUST.—As provided in section 10.11 of the Hualapai 

23 Tribe Agreement, the parties to the Hualapai Tribe Agree24 ment shall negotiate in good faith with other parties the 

25 terms under which any land within the State of Arizona 


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1 held or acquired in fee by the Tribe may be taken into trust 

2 by the United States for the benefit of the Tribe, with any 

3 applicable terms to be incorporated into the Hualapai Tribe 

4 Water Rights Settlement Agreement, subject to approval by 

5 Congress. 

6 SEC. 6. WAIVERS, RELEASES, AND RETENTION OF CLAIMS. 

7 (a) CLAIMS BY DEPARTMENT UNDER BIG SANDY

8 RIVER-PLANET RANCH AGREEMENT.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (3), the Secretary is authorized to execute a 

11 waiver and release of all claims of the Department, 

12 acting in its own capacity, against the Corporation 

13 under Federal, State, or any other law for— 

14 (A) all past and present claims for injury 

15 to water rights resulting from the diversion of 

16 water by the Corporation from the Wikieup 

17 Wellfield or the Freeport Groundwater Wells 

18 arising prior to the enforceability date; 

19 (B) all claims for injury to water rights 

20 arising after the enforceability date resulting 

21 from the diversion of water by the Corporation 

22 from the Wikieup Wellfield or the Freeport 

23 Groundwater Wells in a manner not in violation 

24 of the Big Sandy River-Planet Ranch Agree25 ment; and 


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1 (C) all past, present, and future claims 

2 arising out of, or relating in any manner to, the 

3 negotiation or execution of the Big Sandy River4 Planet Ranch Agreement. 

5 (2) EFFECTIVE DATE.—The waivers and releases 

6 of claims under paragraph (1) shall— 

7 (A) be in the form set forth in exhibit 

8 7.2(ii) to the Big Sandy River-Planet Ranch 

9 Agreement; and 

10 (B) take effect on the enforceability date. 

11 (3) RETENTION OF RIGHTS.—The Department 

12 shall retain all rights not expressly waived under 

13 paragraph (1), including the right— 

14 (A) to assert any claim for breach of, or to 

15 seek enforcement of, the Big Sandy River-Planet 

16 Ranch Agreement or this Act in any court of 

17 competent jurisdiction (but not a tribal court); 

18 and 

19 (B) to assert any past, present, or future 

20 claim to a water right that is not inconsistent 

21 with the Big Sandy River-Planet Ranch Agree22 ment or this Act. 

23 (b) CLAIMS BY TRIBE AND UNITED STATES AS TRUST24 EE UNDER BIG SANDY RIVER-PLANET RANCH AGREE25 MENT.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (3), the Tribe and the United States, acting as 

3 trustee for the Tribe and members of the Tribe, are 

4 authorized to execute a waiver and release of all 

5 claims against the Corporation for— 

6 (A) any water rights of the Tribe or the 

7 United States as trustee for the Tribe and mem8 bers of the Tribe with respect to Parcel 3 in ex9 cess of 300 acre-feet per year; 

10 (B) all past and present claims for injury 

11 to water rights arising before the enforceability 

12 date resulting from the diversion of water by the 

13 Corporation from the Wikieup Wellfield or the 

14 Freeport Groundwater Wells; and 

15 (C) all claims for injury to water rights 

16 arising after the enforceability date resulting 

17 from the diversion of water by the Corporation 

18 from the Wikieup Wellfield or the Freeport 

19 Groundwater Wells in a manner not in violation 

20 of the Big Sandy River-Planet Ranch Agreement 

21 or the Hualapai Tribe Agreement. 

22 (2) EFFECTIVE DATE.—The waivers and releases 

23 of claims under paragraph (1) shall— 

24 (A) be in the form set forth in exhibit 

25 7.1(ii) to the Hualapai Tribe Agreement; and 


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1 (B) take effect on the enforceability date. 

2 (3) RETENTION OF RIGHTS.—The Tribe and the 

3 United States, acting as trustee for the Tribe and 

4 members of the Tribe, shall retain all rights not ex5 pressly waived under paragraph (1), including the 

6 right— 

7 (A) to assert any claim for breach of, or to 

8 seek enforcement of, the Big Sandy River-Planet 

9 Ranch Agreement or this Act in any court of 

10 competent jurisdiction (but not a tribal court); 

11 and 

12 (B) to assert any past, present, or future 

13 claim to a water right that is not inconsistent 

14 with the Big Sandy River-Planet Ranch Agree15 ment or this Act. 

16 (c) CLAIMS BY UNITED STATES AS TRUSTEE FOR

17 ALLOTTEES UNDER BIG SANDY RIVER-PLANET RANCH

18 AGREEMENT.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (3), the United States, acting as trustee for the 

21 allottees, is authorized to execute a waiver and release 

22 of all claims against the Corporation for— 

23 (A) any water rights of the allottees or the 

24 United States as trustee for the allottees with re25 spect to— 


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1 (i) Parcel 1 in excess of 82 acre-feet 

2 per year; or 

3 (ii) Parcel 2 in excess of 312 acre-feet 

4 per year; 

5 (B) all past and present claims for injury 

6 to water rights arising before the enforceability 

7 date resulting from the diversion of water by the 

8 Corporation from the Wikieup Wellfield or the 

9 Freeport Groundwater Wells; and 

10 (C) all claims for injury to water rights 

11 arising after the enforceability date resulting 

12 from the diversion of water by the Corporation 

13 from the Wikieup Wellfield or the Freeport 

14 Groundwater Wells in a manner not in violation 

15 of the Big Sandy River-Planet Ranch Agree16 ment. 

17 (2) EFFECTIVE DATE.—The waivers and releases 

18 of claims under paragraph (1) shall— 

19 (A) be in the form set forth in exhibit 

20 7.1(ii) to the Hualapai Tribe Agreement; and 

21 (B) take effect on the enforceability date. 

22 (3) RETENTION OF RIGHTS.—The United States, 

23 acting as trustee for the allottees, shall retain all 

24 rights not expressly waived under paragraph (1), in25 cluding the right— 


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1 (A) to assert any claim for breach of, or to 

2 seek enforcement of, the Big Sandy River-Planet 

3 Ranch Agreement or this Act in any court of 

4 competent jurisdiction (but not a tribal court); 

5 and 

6 (B) to assert any past, present, or future 

7 claim to a water right that is not inconsistent 

8 with the Big Sandy River-Planet Ranch Agree9 ment or this Act. 

10 (d) CLAIMS BY TRIBE AND UNITED STATES AS TRUST11 EE UNDER HUALAPAI TRIBE AGREEMENT.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (3), the Tribe and the United States, acting as 

14 trustee for the Tribe, members of the Tribe, and the 

15 allottees, as part of the performance of obligations 

16 under the Hualapai Tribe Agreement, are authorized 

17 to execute a waiver and release of all claims that the 

18 Tribe or the United States as trustee for the Tribe, 

19 members of the Tribe, or the allottees may have 

20 against the Corporation under Federal, State, or any 

21 other law, for— 

22 (A) all past and present claims for injury 

23 to water rights resulting from the diversion of 

24 water by the Corporation from the Bill Williams 


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1 River watershed arising prior to the enforce2 ability date; 

3 (B) all claims for injury to water rights 

4 arising after the enforceability date resulting 

5 from the diversion of water by the Corporation 

6 from the Bill Williams River watershed in a 

7 manner not in violation of the Hualapai Tribe 

8 Agreement or the Big Sandy River-Planet Ranch 

9 Agreement; and 

10 (C) all past, present, and future claims 

11 arising out of, or relating in any manner to, the 

12 negotiation or execution of the Hualapai Tribe 

13 Agreement. 

14 (2) EFFECTIVE DATE.—The waivers and releases 

15 of claims under paragraph (1) shall— 

16 (A) be in the form set forth in exhibit 

17 7.1(ii) to the Hualapai Tribe Agreement; and 

18 (B) take effect on the enforceability date. 

19 (3) RETENTION OF RIGHTS.—The Tribe and the 

20 United States, acting as trustee for the Tribe, the 

21 members of the Tribe, and the allottees, shall retain 

22 all rights not expressly waived under paragraph (1), 

23 including the right to assert— 

24 (A) subject to paragraph 10.5 of the 

25 Hualapai Tribe Agreement, a claim for breach 


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1 of, or to seek enforcement of, the Hualapai Tribe 

2 Agreement or this Act in any court of competent 

3 jurisdiction (but not a tribal court); 

4 (B) any claim for injury to, or to seek en5 forcement of, the rights of the Tribe under any 

6 applicable judgment or decree approving or in7 corporating the Hualapai Tribe Agreement; and 

8 (C) any past, present, or future claim to 

9 water rights that is not inconsistent with the 

10 Hualapai Tribe Agreement or this Act. 

11 (e) CLAIMS BY TRIBE AGAINST UNITED STATES

12 UNDER BIG SANDY RIVER-PLANET RANCH AGREEMENT

13 AND HUALAPAI TRIBE AGREEMENT.— 

14 (1) IN GENERAL.—In consideration for the bene15 fits to the Tribe, as set forth in the Big Sandy River16 Planet Ranch Agreement, the Hualapai Tribe Agree17 ment, and this Act, except as provided in paragraph 

18 (3), the Tribe, on behalf of the Tribe and the members 

19 of the Tribe, is authorized to execute a waiver and re20 lease of all claims against the United States and the 

21 agents and employees of the United States for— 

22 (A) all past, present, and future claims re23 lating to claims for water rights for Parcel 3 in 

24 excess of 300 acre-feet per year that the United 

25 States, acting as trustee for the Tribe, asserted or 


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1 could have asserted against any party to the Big 

2 Sandy River-Planet Ranch Agreement or the 

3 Hualapai Tribe Agreement, including the Cor4 poration, including claims relating to— 

5 (i) loss of water, water rights, land, or 

6 natural resources due to loss of water or 

7 water rights on Parcel 3 (including dam8 ages, losses, or injuries to hunting, fishing, 

9 and gathering rights due to loss of water, 

10 water rights, or subordination of water 

11 rights); or 

12 (ii) failure to protect, acquire, replace, 

13 or develop water, water rights, or water in14 frastructure on Parcel 3; 

15 (B) all past, present, and future claims re16 lating to injury to water rights associated with 

17 Parcel 3 arising from withdrawal of a protest to 

18 the sever and transfer applications referenced in 

19 the Big Sandy River-Planet Ranch Agreement; 

20 (C) all claims relating to injury to water 

21 rights arising after the enforceability date associ22 ated with Parcel 3, resulting from the diversion 

23 of water by the Corporation from the Bill Wil24 liams River watershed in a manner not in viola25 tion of the Hualapai Tribe Agreement; and 


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1 (D) all past, present, and future claims re2 lating to any potential injury arising out of, or 

3 relating in any manner to, the negotiation or 

4 execution of the Big Sandy River-Planet Ranch 

5 Agreement or the Hualapai Tribe Agreement. 

6 (2) EFFECTIVE DATE.—The waivers and releases 

7 of claims under paragraph (1) shall— 

8 (A) be in the form set forth in, as applica9 ble— 

10 (i) exhibit 7.6(ii) to the Big Sandy 

11 River-Planet Ranch Agreement; or 

12 (ii) exhibit 7.3(ii) to the Hualapai 

13 Tribe Agreement; and 

14 (B) take effect on the enforceability date. 

15 (3) RETENTION OF RIGHTS.—The Tribe shall re16 tain all rights not expressly waived under paragraph 

17 (1), including the right— 

18 (A) to assert any claim for breach of, or to 

19 seek enforcement of, the Big Sandy River-Planet 

20 Ranch Agreement, the Hualapai Tribe Agree21 ment, or this Act in any court of competent ju22 risdiction (but not a tribal court); and 

23 (B) to assert any past, present, or future 

24 claim to a water right that is not inconsistent 

25 with the Big Sandy River-Planet Ranch AgreeVerDate Sep 11 2014 02:01 Dec 02, 2014 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\H4924.RH H4924

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1 ment, the Hualapai Tribe Agreement, or this 

2 Act. 

3 SEC. 7. ADMINISTRATION. 

4 (a) AMENDMENTS.— 

5 (1) DEFINITIONS.—Section 9401 of the Omnibus 

6 Public Land Management Act of 2009 (Public Law 

7 111–11; 123 Stat. 1327) is amended— 

8 (A) by redesignating paragraphs (1) 

9 through (5) as paragraphs (2) through (6), re10 spectively; and 

11 (B) by inserting before paragraph (2) (as so 

12 redesignated) the following: 

13 ‘‘(1) BIG SANDY RIVER-PLANET RANCH AGREE14 MENT.—The term ‘Big Sandy River-Planet Ranch 

15 Agreement’ has the meaning given the term in section 

16 3 of the Bill Williams River Water Rights Settlement 

17 Act of 2014.’’. 

18 (2) ENFORCEABILITY.—Section 9403 of the Om19 nibus Public Land Management Act of 2009 (Public 

20 Law 111–11; 123 Stat. 1328) is amended— 

21 (A) by striking the section designation and 

22 heading and all that follows through ‘‘Due to’’ in 

23 subsection (a) and inserting the following: 

24 ‘‘SEC. 9403. ENFORCEABILITY. 

25 ‘‘(a) CIVIL ACTIONS.— 


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1 ‘‘(1) COLORADO RIVER CIVIL ACTIONS.— 

2 ‘‘(A) DESCRIPTION OF CIVIL ACTION.—Due 

3 to’’; and 

4 (B) in subsection (a) (as amended by sub5 paragraph (A))— 

6 (i) in paragraph (1) (as so amended), 

7 by adding at the end the following: 

8 ‘‘(B) VENUE.—Any civil action under this 

9 paragraph may be brought in any United States 

10 district court in the State in which any non11 Federal party to the civil action is situated.’’; 

12 and 

13 (ii) by adding at the end the following: 

14 ‘‘(2) BILL WILLIAMS CIVIL ACTIONS.— 

15 ‘‘(A) DESCRIPTION OF CIVIL ACTION.—Due 

16 to the unique role of the Lower Colorado River 

17 Multi-Species Conservation Program in resolving 

18 competing water rights claims in the Bill Wil19 liams River watershed (as defined in section 3 of 

20 the Bill Williams River Water Rights Settlement 

21 Act of 2014) and other claims among the parties 

22 to the Big Sandy-River Planet Ranch Agree23 ment, any party to the Big Sandy River-Planet 

24 Ranch Agreement may commence a civil action 

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1 ing only and directly to the interpretation or en2 forcement of— 

3 ‘‘(i) the Bill Williams River Water 

4 Rights Settlement Act of 2014; or 

5 ‘‘(ii) the Big Sandy River-Planet 

6 Ranch Agreement. 

7 ‘‘(B) VENUE.—A civil action under this 

8 paragraph may be brought in— 

9 ‘‘(i) the United States District Court 

10 for the District of Arizona; or 

11 ‘‘(ii) a State court of competent juris12 diction where a pending action has been 

13 brought to adjudicate the water rights asso14 ciated with the Bill Williams River system 

15 and source, in accordance with the author16 ity provided by section 208 of the Act of 

17 July 10, 1952 (commonly known as the 

18 ‘McCarran Amendment’) (43 U.S.C. 666).’’; 

19 (3) in subsection (b)— 

20 (A) by striking ‘‘The district’’ and inserting 

21 the following: 

22 ‘‘(1) IN GENERAL.—The district’’; 

23 (B) in paragraph (1) (as so designated), by 

24 striking ‘‘such actions’’ and inserting ‘‘civil ac25 tions described in subsection (a)(1)’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(2) STATE COURTS AND DISTRICT COURTS.—A 

3 State court or United States district court— 

4 ‘‘(A) shall have jurisdiction over civil ac5 tions described in subsection (a)(2); and 

6 ‘‘(B) may issue such orders, judgments, and 

7 decrees as are consistent with the exercise of ju8 risdiction by the court pursuant to— 

9 ‘‘(i) this section; or 

10 ‘‘(ii) section 7 of the Bill Williams 

11 River Water Rights Settlement Act of 2014. 

12 ‘‘(3) EFFECT OF SUBSECTION.—Nothing in this 

13 subsection affects the jurisdiction that would otherwise 

14 be available in accordance with the authority pro15 vided by section 208 of the Act of July 10, 1952 (com16 monly known as the ‘McCarran Amendment’) (43 

17 U.S.C. 666).’’; 

18 (4) in subsection (d)(2), by striking the para19 graph designation and heading and all that follows 

20 through subparagraph (A) and inserting the fol21 lowing: 

22 ‘‘(2) APPLICABILITY.—This section— 

23 ‘‘(A) applies only to— 

24 ‘‘(i) the Lower Colorado River Multi25 Species Conservation Program; 


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1 ‘‘(ii) the Bill Williams River Water 

2 Rights Settlement Act of 2014; and 

3 ‘‘(iii) the Big Sandy River-Planet 

4 Ranch Agreement; and’’; and 

5 (5) by striking subsection (e). 

6 (b) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 

7 (1) IN GENERAL.—If any party to the Big 

8 Sandy River-Planet Ranch Agreement or the 

9 Hualapai Tribe Agreement brings a civil action in a 

10 court described in paragraph (2) relating only and 

11 directly to the interpretation or enforcement of this 

12 Act (or an amendment made by this Act), the Big 

13 Sandy River-Planet Ranch Agreement, or the 

14 Hualapai Tribe Agreement— 

15 (A) the Tribe and the United States, acting 

16 as trustee for the Tribe, members of the Tribe, or 

17 the allottees, may be named as a party or joined 

18 in the civil action; and 

19 (B) any claim by the Tribe or the United 

20 States, acting as trustee for the Tribe, members 

21 of the Tribe, or the allottees, to sovereign immu22 nity from the civil action is waived, but only for 

23 the limited and sole purpose of the interpretation 

24 or enforcement of this Act (or an amendment 

25 made by this Act), the Big Sandy River-Planet 


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1 Ranch Agreement, or the Hualapai Tribe Agree2 ment. 

3 (2) VENUE.—A court referred to in paragraph 

4 (1) is— 

5 (A) the United States District Court for the 

6 District of Arizona; or 

7 (B) a State court of competent jurisdiction 

8 where a pending action has been brought to ad9 judicate the water rights associated with the Bill 

10 Williams River system and source, in accordance 

11 with the authority provided by section 208 of the 

12 Act of July 10, 1952 (commonly known as the 

13 ‘‘McCarran Amendment’’) (43 U.S.C. 666). 

14 (3) JURISDICTION.—A State court or a United 

15 States district court— 

16 (A) shall have jurisdiction over civil actions 

17 described in paragraph (1); and 

18 (B) may issue such orders, judgments, and 

19 decrees as are consistent with the exercise of ju20 risdiction by the court pursuant to— 

21 (i) this section; or 

22 (ii) section 9403(b) of the Omnibus 

23 Public Land Management Act of 2009 

24 (Public Law 111–11; 123 Stat. 1328). 


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1 (4) NONWAIVER FOR CERTAIN CLAIMS.—Nothing 

2 in this subsection waives the sovereign immunity of 

3 the Tribe or the United States, acting as trustee for 

4 the Tribe, members of the Tribe, or the allottees, to 

5 claims for monetary damages, costs, or attorneys’ fees. 

6 (c) ANTIDEFICIENCY.— 

7 (1) IN GENERAL.—Notwithstanding any author8 ization of appropriations to carry out this Act, the 

9 expenditure or advance of any funds, and the per10 formance of any obligation by the Department in any 

11 capacity, pursuant to this Act shall be contingent on 

12 the appropriation of funds for that expenditure, ad13 vance, or performance. 

14 (2) LIABILITY.—The Department shall not be 

15 liable for the failure to carry out any obligation or 

16 activity authorized by this Act if adequate appropria17 tions are not provided to carry out this Act. 

18 (d) PUBLIC ACCESS.—Nothing in this Act prohibits 

19 reasonable public access to the Conservation Program land 

20 at Planet Ranch or Lincoln Ranch in a manner that is 

21 consistent with all applicable Federal and State laws and 

22 any applicable conservation management plan imple23 mented under the Conservation Program. 


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1 (e) EFFECT.—Nothing in the Big Sandy River-Planet 

2 Ranch Agreement, the Hualapai Tribe Agreement, or this 

3 Act— 

4 (1) affects the ability of the United States to 

5 carry out any action in the capacity of the United 

6 States as trustee for any other Indian tribe or allot7 tee; 

8 (2) except as provided in subsections (a) and (b), 

9 confers jurisdiction on any State court— 

10 (A) to interpret Federal law or determine 

11 the duties of the United States or any other 

12 party pursuant to Federal law; or 

13 (B) to conduct judicial review of a Federal 

14 agency action; or 

15 (3) limits the right of any member of the Tribe 

16 (acting in an individual capacity) to assert or ac17 quire any water right based on State law. 

18 SEC. 8. ENVIRONMENTAL COMPLIANCE. 

19 (a) IN GENERAL.—In implementing the Big Sandy 

20 River-Planet Ranch Agreement, the Hualapai Tribe Agree21 ment, and this Act, the Secretary shall comply with all ap22 plicable Federal environmental laws (including regula23 tions), including— 

24 (1) the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.); and 


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1 (2) the Endangered Species Act of 1973 (16 

2 U.S.C. 1531 et seq.). 

3 (b) EXECUTION OF AGREEMENTS.—The execution by 

4 the Secretary of the Big Sandy River-Planet Ranch Agree5 ment and the Hualapai Tribe Agreement in accordance 

6 with this Act shall not constitute a major Federal action 

7 for purposes of section 102 of the National Environmental 

8 Policy Act of 1969 (42 U.S.C. 4332). 

9 (c) UNITED STATES ENFORCEMENT AUTHORITY.— 

10 Nothing in this Act, the Big Sandy River-Planet Ranch 

11 Agreement, or the Hualapai Tribe Agreement affects any 

12 right of the United States to take any action (including 

13 any environmental action) under any law (including regu14 lations and common law) relating to human health, safety, 

15 or the environment. 

16 SEC. 9. ENFORCEABILITY DATE. 

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

18 (b), the enforceability date shall be the date on which the 

19 Secretary publishes in the Federal Register a statement of 

20 findings that— 

21 (1)(A) to the extent that the Big Sandy River22 Planet Ranch Agreement or the Hualapai Tribe 

23 Agreement conflict with this Act, the applicable agree24 ment has been revised by amendment to eliminate the 

25 conflict; and 


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1 (B) the Big Sandy River-Planet Ranch Agree2 ment and the Hualapai Tribe Agreement have been 

3 executed by all parties to those agreements; 

4 (2) the Corporation has submitted to ADWR a 

5 conditional amendment of the sever and transfer ap6 plications for the Lincoln Ranch water right and 

7 amendments to the sever and transfer applications for 

8 Planet Ranch and Lincoln Ranch water rights con9 sistent with section 4.2.1(ii)(a) of the Big Sandy 

10 River-Planet Ranch Agreement; 

11 (3) the Secretary and the Arizona Game and 

12 Fish Commission have executed and filed with ADWR 

13 a conditional withdrawal of each objection described 

14 in section 4(b)(3); 

15 (4)(A) ADWR has issued a conditional order ap16 proving the sever and transfer applications of the 

17 Corporation; and 

18 (B) all objections to the sever and transfer appli19 cations have been— 

20 (i) conditionally withdrawn; or 

21 (ii) resolved in a decision issued by ADWR 

22 that is final and nonappealable; 

23 (5) the Secretary has provided a notice to the 

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1 partment has completed the legally required environ2 mental compliance described in section 8; 

3 (6) the steering committee for the Conservation 

4 Program has approved and authorized the manager of 

5 the Conservation Program to execute the lease in the 

6 form as set forth in exhibit 2.33 to the Big Sandy 

7 River-Planet Ranch Agreement; and 

8 (7) the waivers and releases authorized by sec9 tion 6 have been executed by the Tribe and the Sec10 retary. 

11 (b) RATIFICATION AND EXECUTION OF AGREE12 MENTS.—Notwithstanding subsection (a), for purposes of 

13 sections 4, 5, and 8, the Secretary shall carry out the re14 quirements of this Act as promptly as practicable after the 

15 date of enactment of this Act. 

16 (c) FAILURE OF ENFORCEABILITY DATE TO OCCUR.— 

17 If the Secretary does not publish a statement of findings 

18 under subsection (a) by December 15, 2015, or an extended 

19 date agreed to by the Tribe, the Secretary, and the Corpora20 tion, after providing reasonable notice to the State of Ari21 zona— 

22 (1) this Act is repealed effective beginning on the 

23 later of— 

24 (A) December 31, 2015; and 


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1 (B) the date that is 14 days after the ex2 tended date agreed to by the Tribe, the Secretary, 

3 and the Corporation, after providing reasonable 

4 notice to the State of Arizona; 

5 (2) any action taken by the Secretary to carry 

6 out this Act shall cease, and any agreement executed 

7 pursuant to this Act, shall be void; and 

8 (3) the Tribe, members of the Tribe, the allottees, 

9 and the United States, acting as trustee for the Tribe, 

10 members of the Tribe, and the allottees, shall retain 

11 the right to assert past, present, and future claims to 

12 water rights and claims for injury to water rights in 

13 the Bill Williams River watershed. 


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Union Calendar No. 478 

113TH CONGRESS 

2D SESSION H. R. 4924 

[Report No. 113–638] 

A BILL 

To direct the Secretary of the Interior to enter into 

River watershed in the State of Arizona. specific water rights claims in the Bill Williams Program, and to provide for the settlement of Lower Colorado River Multi-Species Conservation liams River in the State of Arizona to benefit the land located within Planet Ranch on the Bill WilAgreement, to provide for the lease of certain Bill Williams River Water Rights Settlement Settlement Agreement and the Hualapai Tribe the Big Sandy River-Planet Ranch Water Rights 

DECEMBER 1, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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