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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4104 Enrolled Bill (ENR)]

        S.4104

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty two

                                 An Act

 
 To approve the settlement of water rights claims of the Hualapai Tribe 
and certain allottees in the State of Arizona, to authorize construction 
of a water project relating to those water rights claims, and for other 
                                purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Hualapai Tribe Water Rights 
Settlement Act of 2022''.
SEC. 2. PURPOSES.
    The purposes of this Act are--
        (1) to resolve, fully and finally, all claims to rights to 
    water in the State, including the Verde River, the Bill Williams 
    River, and the Colorado River, of--
            (A) the Hualapai Tribe, on behalf of the Hualapai Tribe and 
        the members of the Hualapai Tribe; and
            (B) the United States, acting as trustee for the Hualapai 
        Tribe, the members of the Hualapai Tribe, and the allottees;
        (2) to authorize, ratify, and confirm the Hualapai Tribe water 
    rights settlement agreement, to the extent that agreement is 
    consistent with this Act;
        (3) to authorize and direct the Secretary to execute and 
    perform the duties and obligations of the Secretary under the 
    Hualapai Tribe water rights settlement agreement and this Act; and
        (4) to authorize the appropriation of funds necessary to carry 
    out the Hualapai Tribe water rights settlement agreement and this 
    Act.
SEC. 3. DEFINITIONS.
    In this Act:
        (1) 1947 judgment.--The term ``1947 Judgment'' means the 
    Judgment and the Stipulation and Agreement, including exhibits to 
    the Judgment and the Stipulation and Agreement, entered on March 
    13, 1947, in United States v. Santa Fe Pac. R.R. Co., No. E-190 (D. 
    Ariz.) and attached to the Hualapai Tribe water rights settlement 
    agreement as Exhibit 3.1.1.
        (2) AFY.--The term ``AFY'' means acre-feet per year.
        (3) Allotment.--The term ``allotment'' means any of the 4 off-
    reservation parcels that are--
            (A) held in trust by the United States for individual 
        Indians in the Big Sandy River basin in Mohave County, Arizona, 
        under the patents numbered 1039995, 1039996, 1039997, and 
        1019494; and
            (B) identified as Parcels 1A, 1B, 1C, and 2 on the map 
        attached to the Hualapai Tribe water rights settlement 
        agreement as Exhibit 3.1.6.
        (4) Allottee.--The term ``allottee'' means any Indian owner of 
    an allotment.
        (5) Available cap supply.--The term ``available CAP supply'' 
    means, for any year--
            (A) all fourth priority water available for delivery 
        through the Central Arizona Project;
            (B) water available from Central Arizona Project dams and 
        reservoirs other than the Modified Roosevelt Dam; and
            (C) return flows captured by the Secretary for Central 
        Arizona Project use.
        (6) Bill williams act.--The term ``Bill Williams Act'' means 
    the Bill Williams River Water Rights Settlement Act of 2014 (Public 
    Law 113-223; 128 Stat. 2096).
        (7) Bill williams agreements.--The term ``Bill Williams 
    agreements'' means the Amended and Restated Big Sandy River-Planet 
    Ranch Water Rights Settlement Agreement and the Amended and 
    Restated Hualapai Tribe Bill Williams River Water Rights Settlement 
    Agreement, including all exhibits to each agreement, copies of 
    which (excluding exhibits) are attached to the Hualapai Tribe water 
    rights settlement agreement as Exhibit 3.1.11.
        (8) Bill williams river phase 2 enforceability date.--The term 
    ``Bill Williams River Phase 2 Enforceability Date'' means the date 
    described in section 14(d).
        (9) Bill williams river phase 2 water rights settlement 
    agreement.--The term ``Bill Williams River phase 2 water rights 
    settlement agreement'' means the agreement of that name that is 
    attached to, and incorporated in, the Hualapai Tribe water rights 
    settlement agreement as Exhibit 4.3.3.
        (10) Cap contract.--The term ``CAP contract'' means a long-term 
    contract (as defined in the CAP repayment stipulation) with the 
    United States for delivery of CAP water through the CAP system.
        (11) Cap contractor.--
            (A) In general.--The term ``CAP contractor'' means a person 
        that has entered into a CAP contract.
            (B) Inclusion.--The term ``CAP contractor'' includes the 
        Hualapai Tribe.
        (12) Cap fixed om&r charge.--The term ``CAP fixed OM&R charge'' 
    has the meaning given the term ``Fixed OM&R Charge'' in the CAP 
    repayment stipulation.
        (13) Cap m&i priority water.--The term ``CAP M&I priority 
    water'' means water within the available CAP supply having a 
    municipal and industrial delivery priority.
        (14) Cap nia priority water.--The term ``CAP NIA priority 
    water'' means water within the available CAP supply having a non-
    Indian agricultural delivery priority.
        (15) Cap operating agency.--The term ``CAP operating agency'' 
    means--
            (A) the 1 or more entities authorized to assume 
        responsibility for the care, operation, maintenance, and 
        replacement of the CAP system; and
            (B) as of the date of enactment of this Act, the Central 
        Arizona Water Conservation District.
        (16) Cap pumping energy charge.--The term ``CAP pumping energy 
    charge'' has the meaning given the term ``Pumping Energy Charge'' 
    in the CAP repayment stipulation.
        (17) Cap repayment contract.--The term ``CAP repayment 
    contract'' means--
            (A) the contract dated December 1, 1988 (Contract No. 14-
        06-W-245, Amendment No. 1), between the United States and the 
        Central Arizona Water Conservation District for the Delivery of 
        Water and Repayment of Costs of the Central Arizona Project; 
        and
            (B) any amendment to, or revision of, that contract.
        (18) Cap repayment stipulation.--The term ``CAP repayment 
    stipulation'' means the Stipulated Judgment and the Stipulation for 
    Judgment, including any exhibits to those documents, entered on 
    November 21, 2007, in the United States District Court for the 
    District of Arizona in the consolidated civil action Central 
    Arizona Water Conservation District v. United States, numbered CIV 
    95-625-TUC-WDB (EHC) and CIV 95-1720-PHX-EHC.
        (19) Cap subcontract.--The term ``CAP subcontract'' means a 
    long-term subcontract (as defined in the CAP repayment stipulation) 
    with the United States and the Central Arizona Water Conservation 
    District for the delivery of CAP water through the CAP system.
        (20) Cap subcontractor.--The term ``CAP subcontractor'' means a 
    person that has entered into a CAP subcontract.
        (21) Cap system.--The term ``CAP system'' means--
            (A) the Mark Wilmer Pumping Plant;
            (B) the Hayden-Rhodes Aqueduct;
            (C) the Fannin-McFarland Aqueduct;
            (D) the Tucson Aqueduct;
            (E) any pumping plant or appurtenant work of a feature 
        described in subparagraph (A), (B), (C), or (D); and
            (F) any extension of, addition to, or replacement for a 
        feature described in subparagraph (A), (B), (C), (D), or (E).
        (22) Cap water.--The term ``CAP water'' has the meaning given 
    the term ``Project Water'' in the CAP repayment stipulation.
        (23) Central arizona project.--The term ``Central Arizona 
    Project'' means the reclamation project authorized and constructed 
    by the United States in accordance with title III of the Colorado 
    River Basin Project Act (43 U.S.C. 1521 et seq.).
        (24) Central arizona water conservation district.--The term 
    ``Central Arizona Water Conservation District'' means the political 
    subdivision of the State that is the contractor under the CAP 
    repayment contract.
        (25) Colorado river compact.--The term ``Colorado River 
    Compact'' means the Colorado River Compact of 1922, as ratified and 
    reprinted in article 2 of chapter 7 of title 45, Arizona Revised 
    Statutes.
        (26) Colorado river water entitlement.--The term ``Colorado 
    River water entitlement'' means the right or authorization to use 
    Colorado River water in the State through a mainstem contract with 
    the Secretary pursuant to section 5 of the Boulder Canyon Project 
    Act (43 U.S.C. 617d).
        (27) Diversion.--The term ``diversion'' means an act to divert.
        (28) Divert.--The term ``divert'' means to receive, withdraw, 
    develop, produce, or capture water using--
            (A) a ditch, canal, flume, bypass, pipeline, pit, 
        collection or infiltration gallery, conduit, well, pump, 
        turnout, dam, or any other mechanical device; or
            (B) any other act of man.
        (29) Domestic purpose.--
            (A) In general.--The term ``domestic purpose'' means any 
        use relating to the supply, service, or activity of a household 
        or private residence.
            (B) Inclusions.--The term ``domestic purpose'' includes the 
        application of water to not more than 2 acres of land to 
        produce a plant or parts of a plant for--
                (i) sale or human consumption; or
                (ii) use as feed for livestock, range livestock, or 
            poultry.
        (30) Effluent.--The term ``effluent'' means water that--
            (A) has been used in the State for domestic, municipal, or 
        industrial purposes, other than solely for hydropower 
        generation; and
            (B) is available for reuse for any purpose, regardless or 
        whether the water has been treated to improve the quality of 
        the water.
        (31) Enforceability date.--The term ``Enforceability Date'' 
    means the date described in section 14(a).
        (32) Exchange.--The term ``exchange'' means a trade between 1 
    or more persons of any water for any other water, if each person 
    has a right or claim to use the water the person provides in the 
    trade, regardless of whether the water is traded in equal 
    quantities or other consideration is included in the trade.
        (33) Fourth priority water.--The term ``fourth priority water'' 
    means Colorado River water that is available for delivery in the 
    State for the satisfaction of entitlements--
            (A) in accordance with contracts, Secretarial reservations, 
        perfected rights, and other arrangements between the United 
        States and water users in the State entered into or established 
        after September 30, 1968, for use on Federal, State, or 
        privately owned land in the State, in a total quantity of not 
        greater than 164,652 AFY of diversions; and
            (B) after first providing for the delivery of Colorado 
        River water for the CAP system, including for use on Indian 
        land, under section 304(e) of the Colorado River Basin Project 
        Act (43 U.S.C. 1524(e)), in accordance with the CAP repayment 
        contract.
        (34) Freeport.--
            (A) In general.--The term ``Freeport'' means the Delaware 
        corporation named ``Freeport Minerals Corporation''.
            (B) Inclusions.--The term ``Freeport'' includes all 
        subsidiaries, affiliates, successors, and assigns of Freeport 
        Minerals Corporation, including Byner Cattle Company, a Nevada 
        corporation.
        (35) Gila river adjudication.--The term ``Gila River 
    adjudication'' means the action pending in the Superior Court of 
    the State, in and for the County of Maricopa, In Re the General 
    Adjudication of All Rights To Use Water In The Gila River System 
    and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper Gila), W-4 (San 
    Pedro) (Consolidated).
        (36) Gila river adjudication court.--The term ``Gila River 
    adjudication court'' means the Superior Court of the State, in and 
    for the County of Maricopa, exercising jurisdiction over the Gila 
    River adjudication.
        (37) Gila river adjudication decree.--The term ``Gila River 
    adjudication decree'' means the judgment or decree entered by the 
    Gila River adjudication court in substantially the same form as the 
    form of judgment attached to the Hualapai Tribe water rights 
    settlement agreement as Exhibit 3.1.43.
        (38) Groundwater.--The term ``groundwater'' means all water 
    beneath the surface of the Earth within the State that is not--
            (A) surface water;
            (B) effluent; or
            (C) Colorado River water.
        (39) Hualapai fee land.--The term ``Hualapai fee land'' means 
    land, other than Hualapai trust land, that--
            (A) is located in the State;
            (B) is located outside the exterior boundaries of the 
        Hualapai Reservation or Hualapai trust land; and
            (C) as of the Enforceability Date, is owned by the Hualapai 
        Tribe, including by a tribally owned corporation.
        (40) Hualapai land.--The term ``Hualapai land'' means--
            (A) the Hualapai Reservation;
            (B) Hualapai trust land; and
            (C) Hualapai fee land.
        (41) Hualapai reservation.--The term ``Hualapai Reservation'' 
    means the land within the exterior boundaries of the Hualapai 
    Reservation, including--
            (A) all land withdrawn by the Executive order dated January 
        4, 1883, as modified by the May 28, 1942, order of the 
        Secretary pursuant to the Act of February 20, 1925 (43 Stat. 
        954, chapter 273);
            (B) the land identified by the Executive orders dated 
        December 22, 1898, May 14, 1900, and June 2, 1911; and
            (C) the land added to the Hualapai Reservation by sections 
        11 and 12.
        (42) Hualapai tribe.--The term ``Hualapai Tribe'' means the 
    Hualapai Tribe, a federally recognized Indian Tribe of Hualapai 
    Indians organized under section 16 of the Act of June 18, 1934 (25 
    U.S.C. 5123) (commonly known as the ``Indian Reorganization Act'').
        (43) Hualapai tribe cap water.--The term ``Hualapai Tribe CAP 
    water'' means the 4,000 AFY of the CAP NIA priority water that--
            (A) was previously allocated to non-Indian agricultural 
        entities;
            (B) was retained by the Secretary for reallocation to 
        Indian Tribes in the State pursuant to section 
        104(a)(1)(A)(iii) of the Central Arizona Project Settlement Act 
        of 2004 (Public Law 108-451; 118 Stat. 3487); and
            (C) is reallocated to the Hualapai Tribe pursuant to 
        section 13.
        (44) Hualapai tribe water delivery contract.--The term 
    ``Hualapai Tribe water delivery contract'' means the contract 
    entered into in accordance with the Hualapai Tribe water rights 
    settlement agreement and section 13(c) for the delivery of Hualapai 
    Tribe CAP water.
        (45) Hualapai tribe water rights settlement agreement.--
            (A) In general.--The term ``Hualapai Tribe water rights 
        settlement agreement'' means the agreement, including exhibits, 
        entitled ``Hualapai Tribe Water Rights Settlement Agreement'' 
        and dated February 11, 2019.
            (B) Inclusions.--The term ``Hualapai Tribe water rights 
        settlement agreement'' includes--
                (i) any amendments necessary to make the Hualapai Tribe 
            water rights settlement agreement consistent with this Act; 
            and
                (ii) any other amendments approved by the parties to 
            the Hualapai Tribe water rights settlement agreement and 
            the Secretary.
        (46) Hualapai trust land.--The term ``Hualapai trust land'' 
    means land, other than Hualapai fee land, that is--
            (A) located--
                (i) in the State; and
                (ii) outside the exterior boundaries of the Hualapai 
            Reservation; and
            (B) as of the Enforceability Date, held in trust by the 
        United States for the benefit of the Hualapai Tribe.
        (47) Hualapai water project.--The term ``Hualapai Water 
    Project'' means the project constructed in accordance with section 
    6(a)(7)(A).
        (48) Hualapai water trust fund account.--The term ``Hualapai 
    Water Trust Fund Account'' means the account established under 
    section 6(a)(1).
        (49) Indian tribe.--The term ``Indian Tribe'' has the meaning 
    given the term in section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 5304).
        (50) Injury to water rights.--
            (A) In general.--The term ``injury to water rights'' means 
        any interference with, diminution of, or deprivation of, a 
        water right under Federal, State, or other law.
            (B) Exclusion.--The term ``injury to water rights'' does 
        not include any injury to water quality.
        (51) Lower basin.--The term ``lower basin'' has the meaning 
    given the term in article II(g) of the Colorado River Compact.
        (52) Lower colorado river basin development fund.--The term 
    ``Lower Colorado River Basin Development Fund'' means the fund 
    established by section 403(a) of the Colorado River Basin Project 
    Act (43 U.S.C. 1543(a)).
        (53) Member.--The term ``member'' means any person duly 
    enrolled as a member of the Hualapai Tribe.
        (54) OM&R.--The term ``OM&R'' means--
            (A) any recurring or ongoing activity relating to the day-
        to-day operation of a project;
            (B) any activity relating to scheduled or unscheduled 
        maintenance of a project; and
            (C) any activity relating to replacing a feature of a 
        project.
        (55) Parcel 1.--The term ``Parcel 1'' means the parcel of land 
    that is--
            (A) depicted as 3 contiguous allotments identified as 1A, 
        1B, and 1C on the map attached to the Hualapai Tribe water 
        rights settlement agreement as Exhibit 3.1.6; and
            (B) held in trust for certain allottees.
        (56) Parcel 2.--The term ``Parcel 2'' means the parcel of land 
    that is--
            (A) depicted as ``Parcel 2'' on the map attached to the 
        Hualapai Tribe water rights settlement agreement as Exhibit 
        3.1.6; and
            (B) held in trust for certain allottees.
        (57) Parcel 3.--The term ``Parcel 3'' means the parcel of land 
    that is--
            (A) depicted as ``Parcel 3'' on the map attached to the 
        Hualapai Tribe water rights settlement agreement as Exhibit 
        3.1.6;
            (B) held in trust for the Hualapai Tribe; and
            (C) part of the Hualapai Reservation pursuant to Executive 
        Order 1368, dated June 2, 1911.
        (58) Party.--The term ``party'' means a person that is a 
    signatory to the Hualapai Tribe water rights settlement agreement.
        (59) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (60) State.--The term ``State'' means the State of Arizona.
        (61) Stock watering.--The term ``stock watering'' means the 
    watering of livestock, range livestock, or poultry.
        (62) Surface water.--The term ``surface water'' means all water 
    in the State that is appropriable under State law.
        (63) Truxton basin.--The term ``Truxton Basin'' means the 
    groundwater aquifer described in the report issued by the United 
    States Geological Survey entitled ``Groundwater Availability in the 
    Truxton Basin, Northwestern Arizona'', Scientific Investigations 
    Report No. 2020-5017-A.
        (64) Water.--The term ``water'', when used without a modifying 
    adjective, means--
            (A) groundwater;
            (B) surface water;
            (C) effluent; and
            (D) Colorado River water.
        (65) Water right.--The term ``water right'' means any right in 
    or to groundwater, surface water, effluent, or Colorado River water 
    under Federal, State, or other law.
SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI TRIBE WATER RIGHTS 
SETTLEMENT AGREEMENT.
    (a) Ratification.--
        (1) In general.--Except as modified by this Act and to the 
    extent the Hualapai Tribe water rights settlement agreement does 
    not conflict with this Act, the Hualapai Tribe water rights 
    settlement agreement is authorized, ratified, and confirmed.
        (2) Amendments.--If an amendment to the Hualapai Tribe water 
    rights settlement agreement, or to any exhibit attached to the 
    Hualapai Tribe water rights settlement agreement requiring the 
    signature of the Secretary, is executed in accordance with this Act 
    to make the Hualapai Tribe water rights settlement agreement 
    consistent with this Act, the amendment is authorized, ratified, 
    and confirmed, to the extent the amendment is consistent with this 
    Act.
    (b) Execution.--
        (1) In general.--To the extent the Hualapai Tribe water rights 
    settlement agreement does not conflict with this Act, the Secretary 
    shall execute the Hualapai Tribe water rights settlement agreement, 
    including all exhibits to, or parts of, the Hualapai Tribe water 
    rights settlement agreement requiring the signature of the 
    Secretary.
        (2) Modifications.--Nothing in this Act prohibits the Secretary 
    from approving any modification to an appendix or exhibit to the 
    Hualapai Tribe water rights settlement agreement that is consistent 
    with this Act, to the extent the modification does not otherwise 
    require congressional approval under section 2116 of the Revised 
    Statutes (25 U.S.C. 177) or any other applicable provision of 
    Federal law.
    (c) Environmental Compliance.--
        (1) In general.--In implementing the Hualapai Tribe water 
    rights settlement agreement (including all exhibits to the Hualapai 
    Tribe water rights settlement agreement requiring the signature of 
    the Secretary) and this Act, the Secretary shall comply with all 
    applicable provisions of--
            (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);
            (B) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), including the implementing regulations of 
        that Act; and
            (C) all other applicable Federal environmental laws and 
        regulations.
        (2) Compliance.--
            (A) In general.--In implementing the Hualapai Tribe water 
        rights settlement agreement and this Act, the Hualapai Tribe 
        shall prepare any necessary environmental documents, consistent 
        with all applicable provisions of--
                (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 
            et seq.);
                (ii) the National Environmental Policy Act of 1969 (42 
            U.S.C. 4321 et seq.), including the implementing 
            regulations of that Act; and
                (iii) all other applicable Federal environmental laws 
            and regulations.
            (B) Authorizations.--The Secretary shall--
                (i) independently evaluate the documentation submitted 
            under subparagraph (A); and
                (ii) be responsible for the accuracy, scope, and 
            contents of that documentation.
        (3) Effect of execution.--The execution of the Hualapai Tribe 
    water rights settlement agreement by the Secretary under this 
    section shall not constitute a major action for purposes of the 
    National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
SEC. 5. WATER RIGHTS.
    (a) Water Rights To Be Held in Trust.--
        (1) Hualapai tribe.--The United States shall hold the following 
    water rights in trust for the benefit of the Hualapai Tribe:
            (A) The water rights for the Hualapai Reservation described 
        in subparagraph 4.2 of the Hualapai Tribe water rights 
        settlement agreement.
            (B) The water rights for Hualapai trust land described in 
        subparagraph 4.4 of the Hualapai Tribe water rights settlement 
        agreement.
            (C) The water rights described in section 12(e)(2) for any 
        land taken into trust by the United States for the benefit of 
        the Hualapai Tribe--
                (i) after the Enforceability Date; and
                (ii) in accordance with section 12(e)(1).
            (D) All Hualapai Tribe CAP water.
        (2) Allottees.--The United States shall hold in trust for the 
    benefit of the allottees all water rights for the allotments 
    described in subparagraph 4.3.2 of the Hualapai Tribe water rights 
    settlement agreement.
    (b) Forfeiture and Abandonment.--The following water rights shall 
not be subject to loss through non-use, forfeiture, abandonment, or 
other operation of law:
        (1) The water rights for the Hualapai Reservation described in 
    subparagraph 4.2 of the Hualapai Tribe water rights settlement 
    agreement.
        (2) The water rights for Hualapai trust land described in 
    subparagraph 4.4 of the Hualapai Tribe water rights settlement 
    agreement.
        (3) Any Colorado River water entitlement purchased by the 
    Hualapai Tribe wholly or substantially with amounts in the Economic 
    Development Fund described in section 8.1 of the Amended and 
    Restated Hualapai Tribe Bill Williams River Water Rights Settlement 
    Agreement.
    (c) Alienation.--Any Colorado River water entitlement purchased by 
the Hualapai Tribe wholly or substantially with amounts in the Economic 
Development Fund described in section 8.1 of the Amended and Restated 
Hualapai Tribe Bill Williams River Water Rights Settlement Agreement 
shall be restricted against permanent alienation by the Hualapai Tribe.
    (d) Hualapai Tribe Cap Water.--The Hualapai Tribe shall have the 
right to divert, use, and store the Hualapai Tribe CAP water in 
accordance with section 13.
    (e) Colorado River Water Entitlements.--
        (1) Uses.--The Hualapai Tribe shall have the right to use any 
    Colorado River water entitlement purchased by or donated to the 
    Hualapai Tribe at the location to which the entitlement is 
    appurtenant on the date on which the entitlement is purchased or 
    donated.
        (2) Storage.--
            (A) In general.--Subject to paragraphs (3) and (5), the 
        Hualapai Tribe may store Colorado River water available under 
        any Colorado River water entitlement purchased by or donated to 
        the Hualapai Tribe at underground storage facilities or 
        groundwater savings facilities located within the State and in 
        accordance with State law.
            (B) Assignments.--The Hualapai Tribe may assign any long-
        term storage credits accrued as a result of storage under 
        subparagraph (A) in accordance with State law.
        (3) Transfers.--The Hualapai Tribe may transfer the entitlement 
    for use or storage under paragraph (1) or (2), respectively, to 
    another location within the State, including the Hualapai 
    Reservation, in accordance with the Hualapai Tribe water rights 
    settlement agreement and all applicable Federal and State laws 
    governing the transfer of Colorado River water entitlements within 
    the State.
        (4) Leases.--The Hualapai Tribe may lease any Colorado River 
    water entitlement for use or storage under paragraph (1) or (2), 
    respectively, to a water user within the State, in accordance with 
    the Hualapai Tribe water rights settlement agreement and all 
    applicable Federal and State laws governing the transfer of 
    Colorado River water entitlements within the State.
        (5) Transports.--The Hualapai Tribe, or any person who leases a 
    Colorado River water entitlement from the Hualapai Tribe under 
    paragraph (4), may transport Colorado River water available under 
    the Colorado River water entitlement through the Central Arizona 
    Project in accordance with all laws of the United States and the 
    agreements between the United States and the Central Arizona Water 
    Conservation District governing the use of the Central Arizona 
    Project to transport water other than CAP water.
    (f) Use Off-Reservation.--No water rights to groundwater under the 
Hualapai Reservation or Hualapai trust land, or to surface water on the 
Hualapai Reservation or Hualapai trust land, may be sold, leased, 
transferred, or used outside the boundaries of the Hualapai Reservation 
or Hualapai trust land, other than under an exchange.
    (g) Groundwater Transportation.--
        (1) Fee land.--Groundwater may be transported in accordance 
    with State law away from Hualapai fee land and away from land 
    acquired in fee by the Hualapai Tribe, including by a tribally 
    owned corporation, after the Enforceability Date.
        (2) Land added to hualapai reservation.--Groundwater may be 
    transported in accordance with State law away from land added to 
    the Hualapai Reservation by sections 11 and 12 to other land within 
    the Hualapai Reservation.
SEC. 6. HUALAPAI WATER TRUST FUND ACCOUNT; CONSTRUCTION OF HUALAPAI 
WATER PROJECT; FUNDING.
    (a) Hualapai Water Trust Fund Account.--
        (1) Establishment.--The Secretary shall establish a trust fund 
    account, to be known as the ``Hualapai Water Trust Fund Account'', 
    to be managed, invested, and distributed by the Secretary and to 
    remain available until expended, withdrawn, or reverted to the 
    general fund of the Treasury, consisting of the amounts deposited 
    in the Hualapai Water Trust Fund Account under paragraph (2), 
    together with any interest earned on those amounts, for the 
    purposes of carrying out this Act.
        (2) Deposits.--The Secretary shall deposit in the Hualapai 
    Water Trust Fund Account the amounts made available pursuant to 
    section 7(a)(1).
        (3) Management and interest.--
            (A) Management.--On receipt and deposit of funds into the 
        Hualapai Water Trust Fund Account, the Secretary shall manage, 
        invest, and distribute all amounts in the Hualapai Water Trust 
        Fund Account in a manner that is consistent with the investment 
        authority of the Secretary under--
                (i) the first section of the Act of June 24, 1938 (25 
            U.S.C. 162a);
                (ii) the American Indian Trust Fund Management Reform 
            Act of 1994 (25 U.S.C. 4001 et seq.); and
                (iii) this subsection.
            (B) Investment earnings.--In addition to the deposits made 
        to the Hualapai Water Trust Fund Account under paragraph (2), 
        any investment earnings, including interest, credited to 
        amounts held in the Hualapai Water Trust Fund Account are 
        authorized to be appropriated to be used in accordance with 
        paragraph (7).
        (4) Availability of amounts.--
            (A) In general.--Amounts appropriated to, and deposited in, 
        the Hualapai Water Trust Fund Account, including any investment 
        earnings, shall be made available to the Hualapai Tribe by the 
        Secretary beginning on the Enforceability Date, subject to the 
        requirements of this section.
            (B) Use.--Notwithstanding subparagraph (A), amounts 
        deposited in the Hualapai Water Trust Fund Account shall be 
        available to the Hualapai Tribe on the date on which the 
        amounts are deposited for environmental compliance, as provided 
        in section 8.
        (5) Withdrawals.--
            (A) Withdrawals under the american indian trust fund 
        management reform act of 1994.--
                (i) In general.--The Hualapai Tribe may withdraw any 
            portion of the amounts in the Hualapai Water Trust Fund 
            Account on approval by the Secretary of a Tribal management 
            plan submitted by the Tribe in accordance with the American 
            Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
            4001 et seq.).
                (ii) Requirements.--In addition to the requirements 
            under the American Indian Trust Fund Management Reform Act 
            of 1994 (25 U.S.C. 4001 et seq.), the Tribal management 
            plan under this subparagraph shall require that the 
            Hualapai Tribe spend all amounts withdrawn from the 
            Hualapai Water Trust Fund Account and any investment 
            earnings accrued through the investments under the Tribal 
            management plan in accordance with this Act.
                (iii) Enforcement.--The Secretary may carry out such 
            judicial and administrative actions as the Secretary 
            determines to be necessary to enforce the Tribal management 
            plan under this subparagraph to ensure that amounts 
            withdrawn by the Hualapai Tribe from the Hualapai Water 
            Trust Fund Account under clause (i) are used in accordance 
            with this Act.
            (B) Withdrawals under expenditure plan.--
                (i) In general.--The Hualapai Tribe may submit to the 
            Secretary a request to withdraw funds from the Hualapai 
            Water Trust Fund Account pursuant to an approved 
            expenditure plan.
                (ii) Requirements.--To be eligible to withdraw amounts 
            under an expenditure plan under this subparagraph, the 
            Hualapai Tribe shall submit to the Secretary an expenditure 
            plan for any portion of the Hualapai Water Trust Fund 
            Account that the Hualapai Tribe elects to withdraw pursuant 
            to this subparagraph, subject to the condition that the 
            amounts shall be used for the purposes described in this 
            Act.
                (iii) Inclusions.--An expenditure plan under this 
            subparagraph shall include a description of the manner and 
            purpose for which the amounts proposed to be withdrawn from 
            the Hualapai Water Trust Fund Account will be used by the 
            Hualapai Tribe, in accordance with paragraph (7).
                (iv) Approval.--The Secretary shall approve an 
            expenditure plan submitted under clause (ii) if the 
            Secretary determines that the plan--

                    (I) is reasonable; and
                    (II) is consistent with, and will be used for, the 
                purposes of this Act.

                (v) Enforcement.--The Secretary may carry out such 
            judicial and administrative actions as the Secretary 
            determines to be necessary to enforce an expenditure plan 
            to ensure that amounts disbursed under this subparagraph 
            are used in accordance with this Act.
        (6) Effect.--Nothing in this section gives the Hualapai Tribe 
    the right to judicial review of a determination of the Secretary 
    relating to whether to approve a Tribal management plan under 
    paragraph (5)(A) or an expenditure plan under paragraph (5)(B) 
    except under subchapter II of chapter 5, and chapter 7, of title 5, 
    United States Code (commonly known as the ``Administrative 
    Procedure Act'').
        (7) Uses.--Amounts from the Hualapai Water Trust Fund Account 
    shall be used by the Hualapai Tribe--
            (A) to plan, design, construct, and conduct related 
        activities, including compliance with Federal environmental 
        laws under section 8, the Hualapai Water Project, which shall 
        be designed to divert, treat, and convey up to 3,414 AFY of 
        water from the Colorado River in the lower basin in the State, 
        including locations on or directly adjacent to the Hualapai 
        Reservation, for municipal, commercial, and industrial uses on 
        the Hualapai Reservation;
            (B) to perform OM&R on the Hualapai Water Project;
            (C) to construct facilities to transport electrical power 
        to pump water for the Hualapai Water Project;
            (D) to construct, repair, and replace such infrastructure 
        as may be necessary for groundwater wells on the Hualapai 
        Reservation and to construct infrastructure for delivery and 
        use of such groundwater on the Hualapai Reservation;
            (E) to acquire land, interests in land, and water rights 
        outside the exterior boundaries of the Hualapai Reservation 
        that are located in the Truxton Basin;
            (F) to reimburse the Hualapai Tribe for any--
                (i) planning, design, and engineering costs associated 
            with the Hualapai Water Project that the Hualapai Tribe 
            incurs using Tribal funds during the period--

                    (I) beginning on the date of enactment of this Act; 
                and
                    (II) ending on the Enforceability Date; and

                (ii) construction costs associated with the Hualapai 
            Water Project that the Hualapai Tribe incurs using Tribal 
            funds during the period--

                    (I) beginning on the date on which the Secretary 
                issues a record of decision; and
                    (II) ending on the Enforceability Date; and

            (G) to make contributions to the Economic Development Fund 
        described in section 8.1 of the Amended and Restated Hualapai 
        Tribe Bill Williams River Water Rights Settlement Agreement for 
        the purpose of purchasing additional Colorado River water 
        entitlements and appurtenant land.
        (8) Liability.--The Secretary and the Secretary of the Treasury 
    shall not be liable for the expenditure or investment of any 
    amounts withdrawn from the Hualapai Water Trust Fund Account by the 
    Hualapai Tribe under paragraph (5).
        (9) Title to infrastructure.--Title to, control over, and 
    operation of any project constructed using funds from the Hualapai 
    Water Trust Fund Account shall remain in the Hualapai Tribe.
        (10) OM&R.--All OM&R costs of any project constructed using 
    funds from the Hualapai Water Trust Fund Account shall be the 
    responsibility of the Hualapai Tribe.
        (11) No per capita distributions.--No portion of the Hualapai 
    Water Trust Fund Account shall be distributed on a per capita basis 
    to any member of the Hualapai Tribe.
        (12) Expenditure reports.--The Hualapai Tribe shall annually 
    submit to the Secretary an expenditure report describing 
    accomplishments and amounts spent from use of withdrawals under a 
    Tribal management plan or an expenditure plan under this Act.
    (b) Hualapai Water Settlement Implementation Fund Account.--
        (1) Establishment.--There is established in the Treasury of the 
    United States a nontrust, interest-bearing account, to be known as 
    the ``Hualapai Water Settlement Implementation Fund Account'' 
    (referred to in this subsection as the ``Implementation Fund 
    Account'') to be managed and distributed by the Secretary, for use 
    by the Secretary for carrying out this Act.
        (2) Deposits.--The Secretary shall deposit in the 
    Implementation Fund Account the amounts made available pursuant to 
    section 7(a)(2).
        (3) Uses.--The Implementation Fund Account shall be used by the 
    Secretary to carry out section 15(c), including for groundwater 
    monitoring in the Truxton Basin.
        (4) Interest.--In addition to the deposits under paragraph (2), 
    any investment earnings, including interest, credited to amounts 
    unexpended in the Implementation Fund Account are authorized to be 
    appropriated to be used in accordance with paragraph (3).
SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.
    (a) Authorizations.--
        (1) Hualapai water trust fund account.--There is authorized to 
    be appropriated to the Secretary for deposit in the Hualapai Water 
    Trust Fund Account $312,000,000, to be available until expended, 
    withdrawn, or reverted to the general fund of the Treasury.
        (2) Hualapai water settlement implementation fund account.--
    There is authorized to be appropriated to the Secretary for deposit 
    in the Hualapai Water Settlement Implementation Fund account 
    established by section 6(b)(1) $5,000,000.
        (3) Prohibition.--Notwithstanding any other provision of law, 
    any amounts made available under paragraph (1) or (2) shall not be 
    made available from the Reclamation Water Settlements Fund 
    established by section 10501(a) of the Omnibus Public Land 
    Management Act of 2009 (43 U.S.C. 407(a)).
    (b) Fluctuation in Costs.--
        (1) In general.--The amount authorized to be appropriated under 
    subsection (a)(1) shall be increased or decreased, as appropriate, 
    by such amounts as may be justified by reason of ordinary 
    fluctuations in costs occurring after the date of enactment of this 
    Act, as indicated by the Bureau of Reclamation Construction Cost 
    Index--Composite Trend.
        (2) Construction costs adjustment.--The amount authorized to be 
    appropriated under subsection (a)(1) shall be adjusted to address 
    construction cost changes necessary to account for unforeseen 
    market volatility that may not otherwise be captured by engineering 
    cost indices as determined by the Secretary, including repricing 
    applicable to the types of construction and current industry 
    standards involved.
        (3) Repetition.--The adjustment process under this subsection 
    shall be repeated for each subsequent amount appropriated until the 
    amount authorized, as adjusted, has been appropriated.
        (4) Period of indexing.--The period of indexing adjustment for 
    any increment of funding shall end on the date on which the funds 
    are deposited in the Hualapai Water Trust Fund Account.
SEC. 8. ENVIRONMENTAL COMPLIANCE.
    (a) In General.--Effective beginning on the date of deposit of 
funds in the Hualapai Water Trust Fund Account, the Hualapai Tribe may 
commence any environmental, cultural, and historical compliance 
activities necessary to implement the Hualapai Tribe water rights 
settlement agreement and this Act, including activities necessary to 
comply with all applicable provisions of--
        (1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
    seq.);
        (2) the National Environmental Policy Act of 1969 (42 U.S.C. 
    4321 et seq.), including the implementing regulations of that Act; 
    and
        (3) all other applicable Federal environmental or historical 
    and cultural protection laws and regulations.
    (b) No Effect on Outcome.--Nothing in this Act affects or directs 
the outcome of any analysis under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal 
environmental or historical and cultural protection law.
    (c) Compliance Costs.--Any costs associated with the performance of 
the compliance activities under subsection (a) shall be paid from funds 
deposited in the Hualapai Water Trust Fund Account, subject to the 
condition that any costs associated with the performance of Federal 
approval or other review of such compliance work or costs associated 
with inherently Federal functions shall remain the responsibility of 
the Secretary.
    (d) Record of Decision.--Construction of the Hualapai Water Project 
shall not commence until the Secretary issues a record of decision 
after completion of an environmental impact statement for the Hualapai 
Water Project.
    (e) Construction Costs.--Any costs of construction incurred by the 
Hualapai Tribe during the period beginning on the date on which the 
Secretary issues a record of decision and ending on the Enforceability 
Date shall be paid by the Hualapai Tribe and not from funds deposited 
in the Hualapai Water Trust Fund Account, subject to the condition 
that, pursuant to section 6(a)(7)(F), the Hualapai Tribe may be 
reimbursed after the Enforceability Date from the Hualapai Water Trust 
Fund Account for any such costs of construction incurred by the 
Hualapai Tribe prior to the Enforceability Date.
SEC. 9. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.
    (a) Waivers and Releases of Claims by the Hualapai Tribe.--
        (1) Claims against the state and others.--
            (A) In general.--Except as provided in subparagraph (C), 
        the Hualapai Tribe, on behalf of the Hualapai Tribe and the 
        members of the Hualapai Tribe (but not members in the capacity 
        of the members as allottees) and the United States, acting as 
        trustee for the Hualapai Tribe and the members of the Hualapai 
        Tribe (but not members in the capacity of the members as 
        allottees), as part of the performance of the respective 
        obligations of the Hualapai Tribe and the United States under 
        the Hualapai Tribe water rights settlement agreement and this 
        Act, are authorized to execute a waiver and release of any 
        claims against the State (or any agency or political 
        subdivision of the State) and any other individual, entity, 
        corporation, or municipal corporation under Federal, State, or 
        other law for all--
                (i) past, present, and future claims for water rights, 
            including rights to Colorado River water, for Hualapai 
            land, arising from time immemorial and, thereafter, 
            forever;
                (ii) past, present, and future claims for water rights, 
            including rights to Colorado River water, arising from time 
            immemorial and, thereafter, forever, that are based on the 
            aboriginal occupancy of land by the Hualapai Tribe, the 
            predecessors of the Hualapai Tribe, the members of the 
            Hualapai Tribe, or predecessors of the members of the 
            Hualapai Tribe;
                (iii) past and present claims for injury to water 
            rights, including injury to rights to Colorado River water, 
            for Hualapai land, arising from time immemorial through the 
            Enforceability Date;
                (iv) past, present, and future claims for injury to 
            water rights, including injury to rights to Colorado River 
            water, arising from time immemorial and, thereafter, 
            forever, that are based on the aboriginal occupancy of land 
            by the Hualapai Tribe, the predecessors of the Hualapai 
            Tribe, the members of the Hualapai Tribe, or predecessors 
            of the members of the Hualapai Tribe;
                (v) claims for injury to water rights, including injury 
            to rights to Colorado River water, arising after the 
            Enforceability Date, for Hualapai land, resulting from the 
            off-reservation diversion or use of surface water, Colorado 
            River water, or effluent in a manner not in violation of 
            the Hualapai Tribe water rights settlement agreement or 
            State law;
                (vi) past, present, and future claims arising out of, 
            or relating in any manner to, the negotiation, execution, 
            or adoption of the Hualapai Tribe water rights settlement 
            agreement, any judgment or decree approving or 
            incorporating the Hualapai Tribe water rights settlement 
            agreement, or this Act;
                (vii) claims for water rights of the Hualapai Tribe or 
            the United States, acting as trustee for the Hualapai Tribe 
            and members of the Hualapai Tribe, with respect to Parcel 
            3, in excess of 300 AFY;
                (viii) claims for injury to water rights arising after 
            the Enforceability Date for Hualapai land resulting from 
            the off-reservation diversion or use of groundwater from--

                    (I) any well constructed outside of the Truxton 
                Basin on or before the date of enactment of this Act;
                    (II) any well constructed outside of the Truxton 
                Basin, and not more than 2 miles from the exterior 
                boundaries of the Hualapai Reservation, after the date 
                of enactment of this Act if--

                        (aa) the well was constructed to replace a well 
                    in existence on the date of enactment of this Act;
                        (bb) the replacement well was constructed 
                    within 660 feet of the well being replaced; and
                        (cc) the pumping capacity and case diameter of 
                    the replacement well do not exceed the pumping 
                    capacity and case diameter of the well being 
                    replaced; or

                    (III) any well constructed outside the Truxton 
                Basin, and not less than 2 miles from the exterior 
                boundaries of the Hualapai Reservation, after the date 
                of enactment of this Act, subject to the condition that 
                the authorizations and restrictions regarding the 
                location, size, and operation of wells in the Bill 
                Williams River watershed set forth in the Bill Williams 
                agreements and the Bill Williams Act, and the waivers 
                of claims in the Bill Williams agreements and the Bill 
                Williams Act, shall continue to apply to the parties to 
                the Bill Williams agreements, notwithstanding the 
                provisions of this subsection; and

                (ix) claims for injury to water rights arising after 
            the Enforceability Date, for Hualapai land, resulting from 
            the off-reservation diversion or use of groundwater in the 
            Truxton Basin from--

                    (I) any well constructed within the Truxton Basin 
                for domestic purposes or stock watering--

                        (aa) on or before the date on which the 
                    Secretary provides written notice to the State 
                    pursuant to section 15(c)(2); or
                        (bb) after the date on which the Secretary 
                    provides written notice to the State pursuant to 
                    that section if--
                            (AA) the well was constructed to replace a 
                        well in existence on the date on which the 
                        notice was provided;
                            (BB) the replacement well was constructed 
                        within 660 feet of the well being replaced; and
                            (CC) the pumping capacity and case diameter 
                        of the replacement well do not exceed the 
                        pumping capacity and case diameter of the well 
                        being replaced; and

                    (II) any well constructed within the Truxton Basin 
                for purposes other than domestic purposes or stock 
                watering--

                        (aa) on or before the date of enactment of this 
                    Act;
                        (bb) after the date of enactment of this Act if 
                    the Secretary has not provided written notice to 
                    the State pursuant to section 15(c)(2); or
                        (cc) after the date of enactment of this Act if 
                    the Secretary has provided written notice to the 
                    State pursuant to section 15(c)(2) and if--
                            (AA) the well was constructed to replace a 
                        well in existence on the on which date the 
                        notice was provided;
                            (BB) the replacement well was constructed 
                        within 660 feet of the well being replaced; and
                            (CC) the pumping capacity and case diameter 
                        of the replacement well do not exceed the 
                        pumping capacity and case diameter of the well 
                        being replaced.
            (B) Effective date.--The waiver and release of claims 
        described in subparagraph (A) shall take effect on the 
        Enforceability Date.
            (C) Reservation of rights and retention of claims.--
        Notwithstanding the waiver and release of claims described in 
        subparagraph (A), the Hualapai Tribe, acting on behalf of the 
        Hualapai Tribe and the members of the Hualapai Tribe, and the 
        United States, acting as trustee for the Hualapai Tribe and the 
        members of the Hualapai Tribe (but not members in the capacity 
        of the members as allottees), shall retain any right--
                (i) subject to subparagraph 12.7 of the Hualapai Tribe 
            water rights settlement agreement, to assert claims for 
            injuries to, and seek enforcement of, the rights of the 
            Hualapai Tribe under the Hualapai Tribe water rights 
            settlement agreement or this Act in any Federal or State 
            court of competent jurisdiction;
                (ii) to assert claims for injuries to, and seek 
            enforcement of, the rights of the Hualapai Tribe under any 
            judgment or decree approving or incorporating the Hualapai 
            Tribe water rights settlement agreement;
                (iii) to assert claims for water rights based on State 
            law for land owned or acquired by the Hualapai Tribe in 
            fee, under subparagraph 4.8 of the Hualapai Tribe water 
            rights settlement agreement;
                (iv) to object to any claims for water rights or injury 
            to water rights by or for any Indian Tribe or the United 
            States, acting on behalf of any Indian Tribe;
                (v) to assert past, present, or future claims for 
            injury to water rights against any Indian Tribe or the 
            United States, acting on behalf of any Indian Tribe;
                (vi) to assert claims for injuries to, and seek 
            enforcement of, the rights of the Hualapai Tribe under the 
            Bill Williams agreements or the Bill Williams Act in any 
            Federal or State court of competent jurisdiction;
                (vii) subject to paragraphs (1), (3), (4), and (5) of 
            section 5(e), to assert the rights of the Hualapai Tribe 
            under any Colorado River water entitlement purchased by or 
            donated to the Hualapai Tribe; and
                (viii) to assert claims for injury to water rights 
            arising after the Enforceability Date for Hualapai land 
            resulting from any off-reservation diversion or use of 
            groundwater, without regard to quantity, from--

                    (I) any well constructed after the date of 
                enactment of this Act outside of the Truxton Basin and 
                not more than 2 miles from the exterior boundaries of 
                the Hualapai Reservation, except a replacement well 
                described in subparagraph (A)(viii)(II), subject to the 
                authorizations and restrictions regarding the location, 
                size, and operation of wells in the Bill Williams River 
                watershed, and the waivers of claims, set forth in the 
                Bill Williams agreements and the Bill Williams Act;
                    (II) any well constructed within the Truxton Basin 
                for domestic purposes or stock watering after the date 
                on which the Secretary has provided written notice to 
                the State pursuant to section 15(c)(2), except for a 
                replacement well described in subparagraph 
                (A)(ix)(I)(bb); and
                    (III) any well constructed within the Truxton Basin 
                for purposes other than domestic purposes or stock 
                watering after the date of enactment of this Act, if 
                the Secretary has provided notice to the State pursuant 
                to section 15(c)(2), except for a replacement well as 
                described in subparagraph (A)(ix)(II)(cc).

        (2) Claims against united states.--
            (A) In general.--Except as provided in subparagraph (C), 
        the Hualapai Tribe, acting on behalf of the Hualapai Tribe and 
        the members of the Hualapai Tribe (but not members in the 
        capacity of the members as allottees) as part of the 
        performance of the obligations of the Hualapai Tribe under the 
        Hualapai Tribe water rights settlement agreement and this Act, 
        is authorized to execute a waiver and release of all claims 
        against the United States, including agencies, officials, and 
        employees of the United States, under Federal, State, or other 
        law for all--
                (i) past, present, and future claims for water rights, 
            including rights to Colorado River water, for Hualapai 
            land, arising from time immemorial and, thereafter, 
            forever;
                (ii) past, present, and future claims for water rights, 
            including rights to Colorado River water, arising from time 
            immemorial and, thereafter, forever, that are based on the 
            aboriginal occupancy of land by the Hualapai Tribe, the 
            predecessors of the Hualapai Tribe, the members of the 
            Hualapai Tribe, or predecessors of the members of the 
            Hualapai Tribe;
                (iii) past and present claims relating in any manner to 
            damages, losses, or injury to water rights (including 
            injury to rights to Colorado River water), land, or other 
            resources due to loss of water or water rights (including 
            damages, losses, or injuries to hunting, fishing, 
            gathering, or cultural rights due to loss of water or water 
            rights, claims relating to interference with, diversion, or 
            taking of water, or claims relating to the failure to 
            protect, acquire, or develop water, water rights, or water 
            infrastructure) within the State that first accrued at any 
            time prior to the Enforceability Date;
                (iv) past and present claims for injury to water 
            rights, including injury to rights to Colorado River water, 
            for Hualapai land, arising from time immemorial through the 
            Enforceability Date;
                (v) past, present, and future claims for injury to 
            water rights, including injury to rights to Colorado River 
            water, arising from time immemorial and, thereafter, 
            forever, that are based on the aboriginal occupancy of land 
            by the Hualapai Tribe, the predecessors of the Hualapai 
            Tribe, the members of the Hualapai Tribe, or predecessors 
            of the members of the Hualapai Tribe;
                (vi) claims for injury to water rights, including 
            injury to rights to Colorado River water, arising after the 
            Enforceability Date for Hualapai land, resulting from the 
            off-reservation diversion or use of surface water, Colorado 
            River water, or effluent in a manner not in violation of 
            the Hualapai Tribe water rights settlement agreement or 
            State law;
                (vii) past, present, and future claims arising out of, 
            or relating in any manner to, the negotiation, execution, 
            or adoption of the Hualapai Tribe water rights settlement 
            agreement, any judgment or decree approving or 
            incorporating the Hualapai Tribe water rights settlement 
            agreement, or this Act;
                (viii) claims for injury to water rights arising after 
            the Enforceability Date for Hualapai land resulting from 
            the off-Reservation diversion or use of groundwater from--

                    (I) any well constructed on public domain land 
                outside of the Truxton Basin on or before the date of 
                enactment of this Act;
                    (II) any well constructed on public domain land 
                outside of the Truxton Basin, and not more than 2 miles 
                from the exterior boundaries of the Hualapai 
                Reservation, after the date of enactment of this Act 
                if--

                        (aa) the well was constructed to replace a well 
                    in existence on the date of enactment of this Act;
                        (bb) the replacement well was constructed 
                    within 660 feet of the well being replaced; and
                        (cc) the pumping capacity and case diameter of 
                    the replacement well do not exceed the pumping 
                    capacity and case diameter of the well being 
                    replaced; or

                    (III) any well constructed on public domain land 
                outside of the Truxton Basin, and not less than 2 miles 
                from the exterior boundaries of the Hualapai 
                Reservation, after the date of enactment of this Act, 
                subject to the condition that the authorizations and 
                restrictions regarding the location, size, and 
                operation of wells in the Bill Williams River watershed 
                set forth in the Bill Williams agreements and the Bill 
                Williams Act, and the waivers of claims in the Bill 
                Williams agreements and the Bill Williams Act, shall 
                continue to apply to the parties to the Bill Williams 
                agreements, notwithstanding the provisions of this 
                subsection; and

                (ix) claims for injury to water rights arising after 
            the Enforceability Date for Hualapai land resulting from 
            the off-reservation diversion or use of groundwater in the 
            Truxton Basin from--

                    (I) any well constructed on public domain land 
                within the Truxton Basin for domestic purposes or stock 
                watering--

                        (aa) on or before the date on which the 
                    Secretary provides written notice to the State 
                    pursuant to section 15(c)(2); or
                        (bb) after the date on which the Secretary 
                    provides written notice to the State pursuant to 
                    that section if--
                            (AA) the well was constructed to replace a 
                        well in existence on the date on which the 
                        notice was provided;
                            (BB) the replacement well was constructed 
                        within 660 feet of the well being replaced; and
                            (CC) the pumping capacity and case diameter 
                        of the replacement well do not exceed the 
                        pumping capacity and case diameter of the well 
                        being replaced; and

                    (II) any well constructed on public domain land 
                within the Truxton Basin for purposes other than 
                domestic purposes or stock watering--

                        (aa) on or before the date of enactment of this 
                    Act;
                        (bb) after the date of enactment of this Act if 
                    the Secretary has not provided written notice to 
                    the State pursuant to section 15(c)(2); or
                        (cc) after the date of enactment of this Act if 
                    the Secretary has provided written notice to the 
                    State pursuant to section 15(c)(2) and if--
                            (AA) the well was constructed to replace a 
                        well in existence on the date on which the 
                        notice was provided;
                            (BB) the replacement well was constructed 
                        within 660 feet of the well being replaced; and
                            (CC) the pumping capacity and case diameter 
                        of the replacement well do not exceed the 
                        pumping capacity and case diameter of the well 
                        being replaced.
            (B) Effective date.--The waiver and release of claims 
        described in subparagraph (A) shall take effect on the 
        Enforceability Date.
            (C) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in subparagraph (A), the Hualapai 
        Tribe and the members of the Hualapai Tribe (but not members in 
        the capacity of the members as allottees) shall retain any 
        right--
                (i) subject to subparagraph 12.7 of the Hualapai Tribe 
            water rights settlement agreement, to assert claims for 
            injuries to, and seek enforcement of, the rights of the 
            Hualapai Tribe under the Hualapai Tribe water rights 
            settlement agreement or this Act in any Federal or State 
            court of competent jurisdiction;
                (ii) to assert claims for injuries to, and seek 
            enforcement of, the rights of the Hualapai Tribe under any 
            judgment or decree approving or incorporating the Hualapai 
            Tribe water rights settlement agreement;
                (iii) to assert claims for water rights based on State 
            law for land owned or acquired by the Hualapai Tribe in fee 
            under subparagraph 4.8 of the Hualapai Tribe water rights 
            settlement agreement;
                (iv) to object to any claims for water rights or injury 
            to water rights by or for any Indian Tribe or the United 
            States, acting on behalf of any Indian Tribe;
                (v) to assert past, present, or future claims for 
            injury to water rights against any Indian Tribe or the 
            United States, acting on behalf of any Indian Tribe;
                (vi) to assert claims for injuries to, and seek 
            enforcement of, the rights of the Hualapai Tribe under the 
            Bill Williams agreements or the Bill Williams Act in any 
            Federal or State court of competent jurisdiction;
                (vii) subject to paragraphs (1), (3), (4), and (5) of 
            section 5(e), to assert the rights of the Hualapai Tribe 
            under any Colorado River water entitlement purchased by or 
            donated to the Hualapai Tribe; and
                (viii) to assert any claims for injury to water rights 
            arising after the Enforceability Date for Hualapai land 
            resulting from any off-reservation diversion or use of 
            groundwater, without regard to quantity, from--

                    (I) any well constructed after the date of 
                enactment of this Act on public domain land outside of 
                the Truxton Basin and not more than 2 miles from the 
                exterior boundaries of the Hualapai Reservation, except 
                for a replacement well described in subparagraph 
                (A)(viii)(II), subject to the authorizations and 
                restrictions regarding the location, size, and 
                operation of wells in the Bill Williams River 
                watershed, and the waivers of claims, set forth in the 
                Bill Williams agreements and the Bill Williams Act;
                    (II) any well constructed on public domain land 
                within the Truxton Basin for domestic purposes or stock 
                watering after the date on which the Secretary has 
                provided written notice to the State pursuant to 
                section 15(c)(2), except for a replacement well 
                described in subparagraph (A)(ix)(I)(bb); and
                    (III) any well constructed on public domain land 
                within the Truxton Basin for purposes other than 
                domestic purposes or stock watering after the date of 
                enactment of this Act, if the Secretary has provided 
                notice to the State pursuant to section 15(c)(2), 
                except for a replacement well as described in 
                subparagraph (A)(ix)(II)(cc).

    (b) Waivers and Releases of Claims by United States, Acting as 
Trustee for Allottees.--
        (1) In general.--Except as provided in paragraph (3), the 
    United States, acting as trustee for the allottees of the Hualapai 
    Tribe, as part of the performance of the obligations of the United 
    States under the Hualapai Tribe water rights settlement agreement 
    and this Act, is authorized to execute a waiver and release of any 
    claims against the State (or any agency or political subdivision of 
    the State), the Hualapai Tribe, and any other individual, entity, 
    corporation, or municipal corporation under Federal, State, or 
    other law, for all--
            (A) past, present, and future claims for water rights, 
        including rights to Colorado River water, for the allotments, 
        arising from time immemorial and, thereafter, forever;
            (B) past, present, and future claims for water rights, 
        including rights to Colorado River water, arising from time 
        immemorial and, thereafter, forever, that are based on the 
        aboriginal occupancy of land by the allottees or predecessors 
        of the allottees;
            (C) past and present claims for injury to water rights, 
        including injury to rights to Colorado River water, for the 
        allotments, arising from time immemorial through the 
        Enforceability Date;
            (D) past, present, and future claims for injury to water 
        rights, if any, including injury to rights to Colorado River 
        water, arising from time immemorial and, thereafter, forever, 
        that are based on the aboriginal occupancy of land by the 
        allottees or predecessors of the allottees;
            (E) claims for injury to water rights, including injury to 
        rights to Colorado River water, arising after the 
        Enforceability Date, for the allotments, resulting from the 
        off-reservation diversion or use of water in a manner not in 
        violation of the Hualapai Tribe water rights settlement 
        agreement or State law;
            (F) past, present, and future claims arising out of, or 
        relating in any manner to, the negotiation, execution, or 
        adoption of the Hualapai Tribe water rights settlement 
        agreement, any judgment or decree approving or incorporating 
        the Hualapai Tribe water rights settlement agreement, or this 
        Act; and
            (G) claims for any water rights of the allottees or the 
        United States acting as trustee for the allottees with respect 
        to--
                (i) Parcel 1, in excess of 82 AFY; or
                (ii) Parcel 2, in excess of 312 AFY.
        (2) Effective date.--The waiver and release of claims under 
    paragraph (1) shall take effect on the Enforceability Date.
        (3) Retention of claims.--Notwithstanding the waiver and 
    release of claims described in paragraph (1), the United States, 
    acting as trustee for the allottees of the Hualapai Tribe, shall 
    retain any right--
            (A) subject to subparagraph 12.7 of the Hualapai Tribe 
        water rights settlement agreement, to assert claims for 
        injuries to, and seek enforcement of, the rights of the 
        allottees, if any, under the Hualapai Tribe water rights 
        settlement agreement or this Act in any Federal or State court 
        of competent jurisdiction;
            (B) to assert claims for injuries to, and seek enforcement 
        of, the rights of the allottees under any judgment or decree 
        approving or incorporating the Hualapai Tribe water rights 
        settlement agreement;
            (C) to object to any claims for water rights or injury to 
        water rights by or for--
                (i) any Indian Tribe other than the Hualapai Tribe; or
                (ii) the United States, acting on behalf of any Indian 
            Tribe other than the Hualapai Tribe;
            (D) to assert past, present, or future claims for injury to 
        water rights against--
                (i) any Indian Tribe other than the Hualapai Tribe; or
                (ii) the United States, acting on behalf of any Indian 
            Tribe other than the Hualapai Tribe; and
            (E) to assert claims for injuries to, and seek enforcement 
        of, the rights of the allottees under the Bill Williams 
        agreements or the Bill Williams Act in any Federal or State 
        court of competent jurisdiction.
    (c) Waiver and Release of Claims by United States Against Hualapai 
Tribe.--
        (1) In general.--Except as provided in paragraph (3), the 
    United States, in all capacities (except as trustee for an Indian 
    Tribe other than the Hualapai Tribe), as part of the performance of 
    the obligations of the United States under the Hualapai Tribe water 
    rights settlement agreement and this Act, is authorized to execute 
    a waiver and release of all claims against the Hualapai Tribe, the 
    members of the Hualapai Tribe, or any agency, official, or employee 
    of the Hualapai Tribe, under Federal, State or any other law for 
    all--
            (A) past and present claims for injury to water rights, 
        including injury to rights to Colorado River water, resulting 
        from the diversion or use of water on Hualapai land arising 
        from time immemorial through the Enforceability Date;
            (B) claims for injury to water rights, including injury to 
        rights to Colorado River water, arising after the 
        Enforceability Date, resulting from the diversion or use of 
        water on Hualapai land in a manner that is not in violation of 
        the Hualapai Tribe water rights settlement agreement or State 
        law; and
            (C) past, present, and future claims arising out of, or 
        related in any manner to, the negotiation, execution, or 
        adoption of the Hualapai Tribe water rights settlement 
        agreement, any judgment or decree approving or incorporating 
        the Hualapai Tribe water rights settlement agreement, or this 
        Act.
        (2) Effective date.--The waiver and release of claims under 
    paragraph (1) shall take effect on the Enforceability Date.
        (3) Retention of claims.--Notwithstanding the waiver and 
    release of claims described in paragraph (1), the United States 
    shall retain any right to assert any claim not expressly waived in 
    accordance with that paragraph, including any right to assert a 
    claim for injury to, and seek enforcement of, any right of the 
    United States under the Bill Williams agreements or the Bill 
    Williams Act, in any Federal or State court of competent 
    jurisdiction.
    (d) Bill Williams River Phase 2 Water Rights Settlement Agreement 
Waiver, Release, and Retention of Claims.--
        (1) Claims against freeport.--
            (A) In general.--Except as provided in subparagraph (C), 
        the United States, acting solely on behalf of the Department of 
        the Interior (including the Bureau of Land Management and the 
        United States Fish and Wildlife Service), as part of the 
        performance of the obligations of the United States under the 
        Bill Williams River phase 2 water rights settlement agreement, 
        is authorized to execute a waiver and release of all claims of 
        the United States against Freeport under Federal, State, or any 
        other law for--
                (i) any past or present claim for injury to water 
            rights resulting from--

                    (I) the diversion or use of water by Freeport 
                pursuant to the water rights described in Exhibit 
                4.1(ii) to the Bill Williams River phase 2 water rights 
                settlement agreement; and
                    (II) any other diversion or use of water for mining 
                purposes authorized by the Bill Williams River phase 2 
                water rights settlement agreement;

                (ii) any claim for injury to water rights arising after 
            the Bill Williams River Phase 2 Enforceability Date 
            resulting from--

                    (I) the diversion or use of water by Freeport 
                pursuant to the water rights described in Exhibit 
                4.1(ii) to the Bill Williams River phase 2 water rights 
                settlement agreement in a manner not in violation of 
                the Bill Williams River phase 2 water rights settlement 
                agreement;
                    (II) the diversion of up to 2,500 AFY of water by 
                Freeport from Sycamore Creek as permitted by section 
                4.3(iv) of the Bill Williams River phase 2 water rights 
                settlement agreement; and
                    (III) any other diversion or use of water by 
                Freeport authorized by the Bill Williams River phase 2 
                water rights settlement agreement, subject to the 
                condition that such a diversion and use of water is 
                conducted in a manner not in violation of the Bill 
                Williams River phase 2 water rights settlement 
                agreement; and

                (iii) any past, present, or future claim arising out 
            of, or relating in any manner to, the negotiation or 
            execution of the Bill Williams River phase 2 water rights 
            settlement agreement, the Hualapai Tribe water rights 
            settlement agreement, or this Act.
            (B) Effective date.--The waiver and release of claims under 
        subparagraph (A) shall take effect on the Bill Williams River 
        Phase 2 Enforceability Date.
            (C) Retention of claims.--The United States shall retain 
        all rights not expressly waived in the waiver and release of 
        claims under subparagraph (A), including, subject to section 
        6.4 of the Bill Williams River phase 2 water rights settlement 
        agreement, the right to assert a claim for injury to, and seek 
        enforcement of, the Bill Williams River phase 2 water rights 
        settlement agreement or this Act, in any Federal or State court 
        of competent jurisdiction (but not a Tribal court).
        (2) No precedential effect.--
            (A) Pending and future proceedings.--The Bill Williams 
        River phase 2 water rights settlement agreement shall have no 
        precedential effect in any other administrative or judicial 
        proceeding, including--
                (i) any pending or future general stream adjudication, 
            or any other litigation involving Freeport or the United 
            States, including any proceeding to establish or quantify a 
            Federal reserved water right;
                (ii) any pending or future administrative or judicial 
            proceeding relating to an application--

                    (I) to appropriate water (for instream flow or 
                other purposes);
                    (II) to sever and transfer a water right;
                    (III) to change a point of diversion; or
                    (IV) to change a place of use for any water right; 
                and

                (iii) any proceeding regarding water rights or a claim 
            relating to any Federal land.
            (B) No methodology or standard.--Nothing in the Bill 
        Williams River phase 2 water rights settlement agreement 
        establishes any standard or methodology to be used for the 
        quantification of any claim to water rights (whether based on 
        Federal or State law) in any judicial or administrative 
        proceeding, other than a proceeding to enforce the terms of the 
        Bill Williams River phase 2 water rights settlement agreement.
  SEC. 10. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.
    (a) Hualapai Tribe and Members.--
        (1) In general.--The benefits realized by the Hualapai Tribe 
    and the members of the Hualapai Tribe (but not members in the 
    capacity of the members as allottees) under the Hualapai Tribe 
    water rights settlement agreement, this Act, the Bill Williams 
    agreements, and the Bill Williams Act shall be in full satisfaction 
    of all claims of the Hualapai Tribe, the members of the Hualapai 
    Tribe, and the United States, acting in the capacity of the United 
    States as trustee for the Hualapai Tribe and the members of the 
    Hualapai Tribe, for water rights and injury to water rights under 
    Federal, State, or other law with respect to Hualapai land.
        (2) Satisfaction.--Any entitlement to water of the Hualapai 
    Tribe and the members of the Hualapai Tribe (but not members in the 
    capacity of the members as allottees) or the United States, acting 
    in the capacity of the United States as trustee for the Hualapai 
    Tribe and the members of the Hualapai Tribe (but not members in the 
    capacity of the members as allottees), for Hualapai land shall be 
    satisfied out of the water resources and other benefits granted, 
    confirmed, quantified, or recognized by the Hualapai Tribe water 
    rights settlement agreement, this Act, the Bill Williams 
    agreements, and the Bill Williams Act to or for the Hualapai Tribe, 
    the members of the Hualapai Tribe (but not members in the capacity 
    of the members as allottees), and the United States, acting in the 
    capacity of the United States as trustee for the Hualapai Tribe and 
    the members of the Hualapai Tribe (but not members in the capacity 
    of the members as allottees).
    (b) Allottee Water Claims.--
        (1) In general.--The benefits realized by the allottees of the 
    Hualapai Tribe under the Hualapai Tribe water rights settlement 
    agreement, this Act, the Bill Williams agreements, and the Bill 
    Williams Act shall be in complete replacement of and substitution 
    for, and full satisfaction of, all claims with respect to 
    allotments of the allottees and the United States, acting in the 
    capacity of the United States as trustee for the allottees, for 
    water rights and injury to water rights under Federal, State, or 
    other law.
        (2) Satisfaction.--Any entitlement to water of the allottees or 
    the United States, acting in the capacity of the United States as 
    trustee for the allottees, for allotments shall be satisfied out of 
    the water resources and other benefits granted, confirmed, or 
    recognized by the Hualapai Tribe water rights settlement agreement, 
    this Act, the Bill Williams agreements, and the Bill Williams Act 
    to or for the allottees and the United States, acting as trustee 
    for the allottees.
    (c) Effect.--Notwithstanding subsections (a) and (b), nothing in 
this Act or the Hualapai Tribe water rights settlement agreement--
        (1) recognizes or establishes any right of a member of the 
    Hualapai Tribe or an allottee to water on Hualapai land; or
        (2) prohibits the Hualapai Tribe or an allottee from acquiring 
    additional water rights by purchase of land, credits, or water 
    rights.
  SEC. 11. LAND ADDED TO HUALAPAI RESERVATION.
    The following land in the State is added to the Hualapai 
Reservation:
        (1) Public law 93-560.--The land held in trust by the United 
    States for the Hualapai Tribe pursuant to the first section of 
    Public Law 93-560 (88 Stat. 1820).
        (2) 1947 judgment.--The land deeded to the United States in the 
    capacity of the United States as trustee for the Hualapai Tribe 
    pursuant to the 1947 judgment.
        (3) Truxton triangle.--That portion of the S\1/2\ sec. 3, lying 
    south of the south boundary of the Hualapai Reservation and north 
    of the north right-of-way boundary of Arizona Highway 66, and 
    bounded by the west section line of that sec. 3 and the south 
    section line of that sec. 3, T. 24 N., R. 12 W., Gila and Salt 
    River Base and Meridian, Mohave County, Arizona.
        (4) Hunt parcel 4.--SW\1/4\NE\1/4\ sec. 7, T. 25 N., R. 13 W., 
    Gila and Salt River Base and Meridian, Mohave County, Arizona.
        (5) Hunt parcels 1 and 2.--In T. 26 N., R. 14 W., Gila and Salt 
    River Base and Meridian, Mohave County, Arizona--
            (A) NE\1/4\SW\1/4\ sec. 9; and
            (B) NW\1/4\SE\1/4\ sec. 27.
        (6) Hunt parcel 3.--SW\1/4\NE\1/4\ sec. 25, T. 27 N., R. 15 W., 
    Gila and Salt River Base and Meridian, Mohave County, Arizona.
        (7) Hunt parcel 5.--In sec. 1, T. 25 N., R. 14 W., Gila and 
    Salt River Base and Meridian, Mohave County, Arizona--
            (A) SE\1/4\;
            (B) E\1/2\SW\1/4\; and
            (C) SW\1/4\SW\1/4\.
        (8) Valentine cemetery parcel.--W\1/2\NW\1/4\SW\1/4\ sec. 22, 
    T. 23 N., R. 13 W., Gila and Salt River Base and Meridian, Mohave 
    County, Arizona, excepting and reserving to the United States a 
    right-of-way for ditches or canals constructed by the authority of 
    the United States, pursuant to the Act of August 30, 1890 (43 
    U.S.C. 945).
  SEC. 12. TRUST LAND.
    (a) Land To Be Taken Into Trust.--
        (1) In general.--On the date of enactment of this Act, the 
    Secretary is authorized and directed to take legal title to the 
    land described in paragraph (2) and hold such land in trust for the 
    benefit of the Hualapai Tribe.
        (2) Cholla canyon ranch parcels.--The land referred to in 
    paragraph (1) is, in T. 16 N., R. 13 W., Gila and Salt River Base 
    and Meridian, Mohave County, Arizona--
            (A) SW\1/4\ sec. 25; and
            (B) NE\1/4\ and NE\1/4\ SE\1/4\ sec. 35.
    (b) Reservation Status.--The land taken into trust under subsection 
(a) shall be part of the Hualapai Reservation and administered in 
accordance with the laws and regulations generally applicable to land 
held in trust by the United States for an Indian Tribe.
    (c) Valid Existing Rights.--The land taken into trust under 
subsection (a) shall be subject to valid existing rights, including 
easements, rights-of-way, contracts, and management agreements.
    (d) Limitations.--Nothing in subsection (a) affects--
        (1) any water right of the Hualapai Tribe in existence under 
    State law before the date of enactment of this Act; or
        (2) any right or claim of the Hualapai Tribe to any land or 
    interest in land in existence before the date of enactment of this 
    Act.
    (e) Future Trust Land.--
        (1) New statutory requirement.--Effective beginning on the date 
    of enactment of this Act, and except as provided in subsection (a), 
    any land located in the State outside the exterior boundaries of 
    the Hualapai Reservation may only be taken into trust by the United 
    States for the benefit of the Hualapai Tribe by an Act of 
    Congress--
            (A) that specifically authorizes the transfer of the land 
        for the benefit of the Hualapai Tribe; and
            (B) the date of enactment of which is after the date of 
        enactment of this Act.
        (2) Water rights.--Any land taken into trust for the benefit of 
    the Hualapai Tribe under paragraph (1)--
            (A) shall include water rights only under State law; and
            (B) shall not include any federally reserved water rights.
  SEC. 13. REALLOCATION OF CAP NIA PRIORITY WATER; FIRMING; WATER 
      DELIVERY CONTRACT; COLORADO RIVER ACCOUNTING.
    (a) Reallocation to the Hualapai Tribe.--On the Enforceability 
Date, the Secretary shall reallocate to the Hualapai Tribe the Hualapai 
Tribe CAP water.
    (b) Firming.--
        (1) Hualapai tribe cap water.--Except as provided in subsection 
    (c)(2)(H), the Hualapai Tribe CAP water shall be firmed as follows:
            (A) In accordance with section 105(b)(1)(B) of the Central 
        Arizona Project Settlement Act of 2004 (Public Law 108-451; 118 
        Stat. 3492), for the 100-year period beginning on January 1, 
        2008, the Secretary shall firm 557.50 AFY of the Hualapai Tribe 
        CAP water to the equivalent of CAP M&I priority water.
            (B) In accordance with section 105(b)(2)(B) of the Central 
        Arizona Project Settlement Act of 2004 (Public Law 108-451; 118 
        Stat. 3492), for the 100-year period beginning on January 1, 
        2008, the State shall firm 557.50 AFY of the Hualapai Tribe CAP 
        water to the equivalent of CAP M&I priority water.
        (2) Additional firming.--The Hualapai Tribe may, at the expense 
    of the Hualapai Tribe, take additional actions to firm or 
    supplement the Hualapai Tribe CAP water, including by entering into 
    agreements for that purpose with the Central Arizona Water 
    Conservation District, the Arizona Water Banking Authority, or any 
    other lawful authority, in accordance with State law.
    (c) Hualapai Tribe Water Delivery Contract.--
        (1) In general.--In accordance with the Hualapai Tribe water 
    rights settlement agreement and the requirements described in 
    paragraph (2), the Secretary shall enter into the Hualapai Tribe 
    water delivery contract.
        (2) Requirements.--The requirements referred to in paragraph 
    (1) are the following:
            (A) In general.--The Hualapai Tribe water delivery contract 
        shall--
                (i) be for permanent service (as that term is used in 
            section 5 of the Boulder Canyon Project Act (43 U.S.C. 
            617d));
                (ii) take effect on the Enforceability Date; and
                (iii) be without limit as to term.
            (B) Hualapai tribe cap water.--
                (i) In general.--The Hualapai Tribe CAP water may be 
            delivered for use in the lower basin in the State through--

                    (I) the Hualapai Water Project; or
                    (II) the CAP system.

                (ii) Method of delivery.--The Secretary shall authorize 
            the delivery of Hualapai Tribe CAP water under this 
            subparagraph to be effected by the diversion and use of 
            water directly from the Colorado River in the State.
            (C) Contractual delivery.--The Secretary shall deliver the 
        Hualapai Tribe CAP water to the Hualapai Tribe in accordance 
        with the terms and conditions of the Hualapai Tribe water 
        delivery contract.
            (D) Distribution of cap nia priority water.--
                (i) In general.--Except as provided in clause (ii), if, 
            for any year, the available CAP supply is insufficient to 
            meet all demands under CAP contracts and CAP subcontracts 
            for the delivery of CAP NIA priority water, the Secretary 
            and the CAP operating agency shall prorate the available 
            CAP NIA priority water among the CAP contractors and CAP 
            subcontractors holding contractual entitlements to CAP NIA 
            priority water on the basis of the quantity of CAP NIA 
            priority water used by each such CAP contractor and CAP 
            subcontractor in the last year in which the available CAP 
            supply was sufficient to fill all orders for CAP NIA 
            priority water.
                (ii) Exception.--

                    (I) In general.--Notwithstanding clause (i), if the 
                available CAP supply is insufficient to meet all 
                demands under CAP contracts and CAP subcontracts for 
                the delivery of CAP NIA priority water in the year 
                following the year in which the Enforceability Date 
                occurs, the Secretary shall assume that the Hualapai 
                Tribe used the full volume of Hualapai Tribe CAP water 
                in the last year in which the available CAP supply was 
                sufficient to fill all orders for CAP NIA priority 
                water.
                    (II) Continuation.--The assumption described in 
                subclause (I) shall continue until the available CAP 
                supply is sufficient to meet all demands under CAP 
                contracts and CAP subcontracts for the delivery of CAP 
                NIA priority water.
                    (III) Determination.--The Secretary shall determine 
                the quantity of CAP NIA priority water used by the Gila 
                River Indian Community and the Tohono O'odham Nation in 
                the last year in which the available CAP supply was 
                sufficient to fill all orders for CAP NIA priority 
                water in a manner consistent with the settlement 
                agreements with those Tribes.

            (E) Leases and exchanges of hualapai tribe cap water.--On 
        and after the date on which the Hualapai Tribe water delivery 
        contract becomes effective, the Hualapai Tribe may, with the 
        approval of the Secretary, enter into contracts or options to 
        lease, or contracts or options to exchange, the Hualapai Tribe 
        CAP water within the lower basin in the State, and not in 
        Navajo, Apache, or Cochise Counties, providing for the 
        temporary delivery to other persons of any portion of Hualapai 
        Tribe CAP water.
            (F) Term of leases and exchanges.--
                (i) Leasing.--Contracts or options to lease under 
            subparagraph (E) shall be for a term of not more than 100 
            years.
                (ii) Exchanging.--Contracts or options to exchange 
            under subparagraph (E) shall be for the term provided for 
            in the contract or option, as applicable.
                (iii) Renegotiation.--The Hualapai Tribe may, with the 
            approval of the Secretary, renegotiate any lease described 
            in subparagraph (E), at any time during the term of the 
            lease, if the term of the renegotiated lease does not 
            exceed 100 years.
            (G) Prohibition on permanent alienation.--No Hualapai Tribe 
        CAP water may be permanently alienated.
            (H) No firming of leased water.--The firming obligations 
        described in subsection (b)(1) shall not apply to any Hualapai 
        Tribe CAP water leased by the Hualapai Tribe to another person.
            (I) Entitlement to lease and exchange funds; obligations of 
        united states.--
                (i) Entitlement.--

                    (I) In general.--The Hualapai Tribe shall be 
                entitled to all consideration due to the Hualapai Tribe 
                under any contract to lease, option to lease, contract 
                to exchange, or option to exchange the Hualapai Tribe 
                CAP water entered into by the Hualapai Tribe.
                    (II) Exclusion.--The United States shall not, in 
                any capacity, be entitled to the consideration 
                described in subclause (I).

                (ii) Obligations of united states.--The United States 
            shall not, in any capacity, have any trust or other 
            obligation to monitor, administer, or account for, in any 
            manner, any funds received by the Hualapai Tribe as 
            consideration under any contract to lease, option to lease, 
            contract to exchange, or option to exchange the Hualapai 
            Tribe CAP water entered into by the Hualapai Tribe, except 
            in a case in which the Hualapai Tribe deposits the proceeds 
            of any lease, option to lease, contract to exchange, or 
            option to exchange into an account held in trust for the 
            Hualapai Tribe by the United States.
            (J) Water use and storage.--
                (i) In general.--The Hualapai Tribe may use the 
            Hualapai Tribe CAP water on or off the Hualapai Reservation 
            within the lower basin in the State for any purpose.
                (ii) Storage.--The Hualapai Tribe, in accordance with 
            State law, may store the Hualapai Tribe CAP water at 1 or 
            more underground storage facilities or groundwater savings 
            facilities, subject to the condition that, if the Hualapai 
            Tribe stores Hualapai Tribe CAP water that has been firmed 
            pursuant to subsection (b)(1), the stored water may only 
            be--

                    (I) used by the Hualapai Tribe; or
                    (II) exchanged by the Hualapai Tribe for water that 
                will be used by the Hualapai Tribe.

                (iii) Assignment.--The Hualapai Tribe, in accordance 
            with State law, may assign any long-term storage credit 
            accrued as a result of storage described in clause (ii), 
            subject to the condition that the Hualapai Tribe shall not 
            assign any long-term storage credit accrued as a result of 
            the storage of Hualapai Tribe CAP water that has been 
            firmed pursuant to subsection (b)(1).
            (K) Use outside state.--The Hualapai Tribe may not use, 
        lease, exchange, forbear, or otherwise transfer any Hualapai 
        Tribe CAP water for use directly or indirectly outside of the 
        lower basin in the State.
            (L) Cap fixed om&r charges.--
                (i) In general.--The CAP operating agency shall be paid 
            the CAP fixed OM&R charges associated with the delivery of 
            all Hualapai Tribe CAP water.
                (ii) Payment of charges.--Except as provided in 
            subparagraph (O), all CAP fixed OM&R charges associated 
            with the delivery of the Hualapai Tribe CAP water to the 
            Hualapai Tribe shall be paid by--

                    (I) the Secretary, pursuant to section 403(f)(2)(A) 
                of the Colorado River Basin Project Act (43 U.S.C. 
                1543(f)(2)(A)), subject to the condition that funds for 
                that payment are available in the Lower Colorado River 
                Basin Development Fund; and
                    (II) if the funds described in subclause (I) become 
                unavailable, the Hualapai Tribe.

            (M) Cap pumping energy charges.--
                (i) In general.--The CAP operating agency shall be paid 
            the CAP pumping energy charges associated with the delivery 
            of Hualapai Tribe CAP water only in cases in which the CAP 
            system is used for the delivery of that water.
                (ii) Payment of charges.--Except for CAP water not 
            delivered through the CAP system, which does not incur a 
            CAP pumping energy charge, or water delivered to other 
            persons as described in subparagraph (O), any applicable 
            CAP pumping energy charges associated with the delivery of 
            the Hualapai Tribe CAP water shall be paid by the Hualapai 
            Tribe.
            (N) Waiver of property tax equivalency payments.--No 
        property tax or in-lieu property tax equivalency shall be due 
        or payable by the Hualapai Tribe for the delivery of CAP water 
        or for the storage of CAP water in an underground storage 
        facility or groundwater savings facility.
            (O) Lessee responsibility for charges.--
                (i) In general.--Any lease or option to lease providing 
            for the temporary delivery to other persons of any Hualapai 
            Tribe CAP water shall require the lessee to pay the CAP 
            operating agency all CAP fixed OM&R charges and all CAP 
            pumping energy charges associated with the delivery of the 
            leased water.
                (ii) No responsibility for payment.--Neither the 
            Hualapai Tribe nor the United States in any capacity shall 
            be responsible for the payment of any charges associated 
            with the delivery of the Hualapai Tribe CAP water leased to 
            other persons.
            (P) Advance payment.--No Hualapai Tribe CAP water shall be 
        delivered unless the CAP fixed OM&R charges and any applicable 
        CAP pumping energy charges associated with the delivery of that 
        water have been paid in advance.
            (Q) Calculation.--The charges for delivery of the Hualapai 
        Tribe CAP water pursuant to the Hualapai Tribe water delivery 
        contract shall be calculated in accordance with the CAP 
        repayment stipulation.
            (R) Cap repayment.--For purposes of determining the 
        allocation and repayment of costs of any stages of the CAP 
        system constructed after November 21, 2007, the costs 
        associated with the delivery of the Hualapai Tribe CAP water, 
        regardless of whether the Hualapai Tribe CAP water is delivered 
        for use by the Hualapai Tribe or in accordance with any lease, 
        option to lease, exchange, or option to exchange providing for 
        the delivery to other persons of the Hualapai Tribe CAP water, 
        shall be--
                (i) nonreimbursable; and
                (ii) excluded from the repayment obligation of the 
            Central Arizona Water Conservation District.
            (S) Nonreimbursable cap construction costs.--
                (i) In general.--With respect to the costs associated 
            with the construction of the CAP system allocable to the 
            Hualapai Tribe--

                    (I) the costs shall be nonreimbursable; and
                    (II) the Hualapai Tribe shall have no repayment 
                obligation for the costs.

                (ii) Capital charges.--No CAP water service capital 
            charges shall be due or payable for the Hualapai Tribe CAP 
            water, regardless of whether the Hualapai Tribe CAP water 
            is delivered--

                    (I) for use by the Hualapai Tribe; or
                    (II) under any lease, option to lease, exchange, or 
                option to exchange entered into by the Hualapai Tribe.

    (d) Colorado River Accounting.--All Hualapai Tribe CAP water 
diverted directly from the Colorado River shall be accounted for as 
deliveries of CAP water within the State.
  SEC. 14. ENFORCEABILITY DATE.
    (a) In General.--Except as provided in subsection (d), the Hualapai 
Tribe water rights settlement agreement, including the waivers and 
releases of claims described in section 9, shall take effect and be 
fully enforceable on the date on which the Secretary publishes in the 
Federal Register a statement of findings that--
        (1) to the extent the Hualapai Tribe water rights settlement 
    agreement conflicts with this Act--
            (A) the Hualapai Tribe water rights settlement agreement 
        has been revised through an amendment to eliminate the 
        conflict; and
            (B) the revised Hualapai Tribe water rights settlement 
        agreement, including any exhibits requiring execution by any 
        party to the Hualapai Tribe water rights settlement agreement, 
        has been executed by the required party;
        (2) the waivers and releases of claims described in section 9 
    have been executed by the Hualapai Tribe and the United States;
        (3) the abstracts referred to in subparagraphs 4.8.1.2, 
    4.8.2.1, and 4.8.2.2 of the Hualapai Tribe water rights settlement 
    agreement have been completed by the Hualapai Tribe;
        (4) the full amount described in section 7(a)(1), as adjusted 
    by section 7(b), has been deposited in the Hualapai Water Trust 
    Fund Account;
        (5) the Gila River adjudication decree has been approved by the 
    Gila River adjudication court substantially in the form of the 
    judgment and decree attached to the Hualapai Tribe water rights 
    settlement agreement as Exhibit 3.1.43, as amended to ensure 
    consistency with this Act; and
        (6) the Secretary has executed the Hualapai Tribe water 
    delivery contract described in section 13(c).
    (b) Repeal on Failure To Meet Enforceability Date.--
        (1) In general.--Except as provided in paragraph (2), if the 
    Secretary fails to publish in the Federal Register a statement of 
    findings under subsection (a) by April 15, 2029, or such 
    alternative later date as may be agreed to by the Hualapai Tribe, 
    the Secretary, and the State--
            (A) this Act is repealed;
            (B) any action taken by the Secretary and any contract or 
        agreement entered into pursuant to this Act shall be void; and
            (C) any amounts appropriated under section 7, together with 
        any investment earnings on those amounts, less any amounts 
        expended under section 6(a)(4)(B), shall revert immediately to 
        the general fund of the Treasury.
        (2) Severability.--Notwithstanding paragraph (1), if the 
    Secretary fails to publish in the Federal Register a statement of 
    findings under subsection (a) by April 15, 2029, or such 
    alternative later date as may be agreed to by the Hualapai Tribe, 
    the Secretary, and the State, section 11 and subsections (a), (b), 
    (c), and (d) of section 12 shall remain in effect.
    (c) Right To Offset.--If the Secretary has not published in the 
Federal Register the statement of findings under subsection (a) by 
April 15, 2029, or such alternative later date as may be agreed to by 
the Hualapai Tribe, the Secretary, and the State, the United States 
shall be entitled to offset any Federal amounts made available under 
section 6(a)(4)(B) that were used or authorized for any use under that 
section against any claim asserted by the Hualapai Tribe against the 
United States described in section 9(a)(2)(A).
    (d) Bill Williams River Phase 2 Enforceability Date.--
Notwithstanding any other provision of this Act, the Bill Williams 
River phase 2 water rights settlement agreement (including the waivers 
and releases described in section 9(d) of this Act and section 5 of the 
Bill Williams River phase 2 water rights settlement agreement) shall 
take effect and become enforceable among the parties to the Bill 
Williams River phase 2 water rights settlement agreement on the date on 
which all of the following conditions have occurred:
        (1) The Hualapai Tribe water rights settlement agreement 
    becomes enforceable pursuant to subsection (a).
        (2) Freeport has submitted to the Arizona Department of Water 
    Resources a conditional withdrawal of any objection to the Bill 
    Williams River watershed instream flow applications pursuant to 
    section 4.4(i) of the Bill Williams River phase 2 water rights 
    settlement agreement, which withdrawal shall take effect on the 
    Bill Williams River Phase 2 Enforceability Date described in this 
    subsection.
        (3) Not later than the Enforceability Date, the Arizona 
    Department of Water Resources has issued an appealable, conditional 
    decision and order for the Bill Williams River watershed instream 
    flow applications pursuant to section 4.4(iii) of the Bill Williams 
    River phase 2 water rights settlement agreement, which order shall 
    become nonconditional and effective on the Bill Williams River 
    Phase 2 Enforceability Date described in this subsection.
        (4) The conditional decision and order described in paragraph 
    (3)--
            (A) becomes final; and
            (B) is not subject to any further appeal.
  SEC. 15. ADMINISTRATION.
    (a) Limited Waiver of Sovereign Immunity.--
        (1) Waiver.--
            (A) In general.--In any circumstance described in paragraph 
        (2)--
                (i) the United States or the Hualapai Tribe may be 
            joined in the action described in the applicable 
            subparagraph of that paragraph; and
                (ii) subject to subparagraph (B), any claim by the 
            United States or the Hualapai Tribe to sovereign immunity 
            from the action is waived.
            (B) Limitation.--A waiver under subparagraph (A)(ii)--
                (i) shall only be for the limited and sole purpose of 
            the interpretation or enforcement of--

                    (I) this Act;
                    (II) the Hualapai Tribe water rights settlement 
                agreement, as ratified by this Act; or
                    (III) the Bill Williams River phase 2 water right 
                settlement agreement, as ratified by this Act; and

                (ii) shall not include any award against the United 
            States or the Hualapai Tribe for money damages, court 
            costs, or attorney fees.
        (2) Circumstances described.--A circumstance referred to in 
    paragraph (1)(A) is any of the following:
            (A) Any party to the Hualapai Tribe water rights settlement 
        agreement--
                (i) brings an action in any court of competent 
            jurisdiction relating only and directly to the 
            interpretation or enforcement of--

                    (I) this Act; or
                    (II) the Hualapai Tribe water rights settlement 
                agreement; and

                (ii) names the United States or the Hualapai Tribe as a 
            party in that action.
            (B) Any landowner or water user in the Verde River 
        Watershed--
                (i) brings an action in any court of competent 
            jurisdiction relating only and directly to the 
            interpretation or enforcement of--

                    (I) paragraph 10.0 of the Hualapai Tribe water 
                rights settlement agreement;
                    (II) Exhibit 3.1.43 to the Hualapai Tribe water 
                rights settlement agreement; or
                    (III) section 9; and

                (ii) names the United States or the Hualapai Tribe as a 
            party in that action.
            (C) Any party to the Bill Williams River phase 2 settlement 
        agreement--
                (i) brings an action in any court of competent 
            jurisdiction relating only and directly to the 
            interpretation or enforcement of--

                    (I) this Act; or
                    (II) the Bill Williams River phase 2 settlement 
                agreement; and

                (ii) names the United States or the Hualapai Tribe as a 
            party in that action.
    (b) Effect on Current Law.--Nothing in this section alters the law 
with respect to pre-enforcement review of Federal environmental or 
safety-related enforcement actions.
    (c) Basin Groundwater Withdrawal Estimates.--
        (1) Groundwater withdrawal estimates.--
            (A) In general.--Not later than 1 year of the date of 
        enactment of this Act, the Secretary, acting through the United 
        States Geological Survey Water Use Program, shall issue an 
        estimate for groundwater withdrawals in the Truxton Basin 
        outside the boundaries of the Hualapai Reservation.
            (B) Annual estimates.--Each year after publication of the 
        initial estimate required by subparagraph (A), the Secretary, 
        acting through the United States Geological Survey Water Use 
        Program, shall issue an estimate for groundwater withdrawals in 
        the Truxton Basin outside the boundaries of the Hualapai 
        Reservation until such time as the Secretary, after 
        consultation with the Hualapai Tribe, determines that annual 
        estimates are not warranted.
        (2) Notice to the state.--Based on the estimates under 
    paragraph (1), the Secretary shall notify the State, in writing, if 
    the total withdrawal of groundwater from the Truxton Basin outside 
    the boundaries of the Hualapai Reservation exceeds the estimate 
    prepared pursuant to that paragraph by 3,000 or more AFY, exclusive 
    of any diversion or use of groundwater on Hualapai fee land and any 
    land acquired by the Hualapai Tribe, including by a tribally owned 
    corporation, in fee after the Enforceability Date.
    (d) Antideficiency.--Notwithstanding any authorization of 
appropriations to carry out this Act, the United States shall not be 
liable for any failure of the United States to carry out any obligation 
or activity authorized by this Act (including all agreements or 
exhibits ratified or confirmed by this Act) if--
        (1) adequate appropriations are not provided expressly by 
    Congress to carry out the purposes of this Act; or
        (2) there are not enough monies available to carry out this Act 
    in the Lower Colorado River Basin Development Fund.
    (e) Application of Reclamation Reform Act of 1982.--The Reclamation 
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any other acreage 
limitation or full-cost pricing provision of Federal law shall not 
apply to any person, entity, or tract of land solely on the basis of--
        (1) receipt of any benefit under this Act;
        (2) execution or performance of this Act; or
        (3) the use, storage, delivery, lease, or exchange of CAP 
    water.
    (f) Effect.--
        (1) No modification or preemption of other law.--Unless 
    expressly provided in this Act, nothing in this Act modifies, 
    conflicts with, preempts, or otherwise affects--
            (A) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
            (B) the Boulder Canyon Project Adjustment Act (43 U.S.C. 
        618 et seq.);
            (C) the Act of April 11, 1956 (commonly known as the 
        ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
        seq.);
            (D) the Colorado River Basin Project Act (Public Law 90-
        537; 82 Stat. 885);
            (E) the Treaty between the United States of America and 
        Mexico respecting utilization of waters of the Colorado and 
        Tijuana Rivers and of the Rio Grande, signed at Washington 
        February 3, 1944 (59 Stat. 1219);
            (F) the Colorado River Compact;
            (G) the Upper Colorado River Basin Compact;
            (H) the Omnibus Public Land Management Act of 2009 (Public 
        Law 111-11; 123 Stat. 991); or
            (I) case law concerning water rights in the Colorado River 
        system other than any case to enforce the Hualapai Tribe water 
        rights settlement agreement or this Act.
        (2) Effect on agreements.--Nothing in this Act or the Hualapai 
    Tribe water rights settlement agreement limits the right of the 
    Hualapai Tribe to enter into any agreement for the storage or 
    banking of water in accordance with State law with--
            (A) the Arizona Water Banking Authority (or a successor 
        agency or entity); or
            (B) any other lawful authority.
        (3) Effect of act.--Nothing in this Act--
            (A) quantifies or otherwise affects the water rights, 
        claims, or entitlements to water of any Indian Tribe other than 
        the Hualapai Tribe;
            (B) affects the ability of the United States to take action 
        on behalf of any Indian Tribe other than the Hualapai Tribe, 
        the members of the Hualapai Tribe, and the allottees; or
            (C) limits the right of the Hualapai Tribe to use any water 
        of the Hualapai Tribe in any location on the Hualapai 
        Reservation.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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