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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1277 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                S. 1277

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2019

Ms. McSally (for herself and Ms. Sinema) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL

 
To approve the settlement of water rights claims of the 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 2019''.

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 entered into among the 
        Hualapai Tribe, the United States, the State, and others, 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 amounts necessary for 
        the implementation of 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 CAP system;
                    (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 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.
            (9) 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.
            (10) 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.
            (11) 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.
            (12) CAP m&i priority water.--The term ``CAP M&I priority 
        water'' means the CAP water that has a municipal and industrial 
        delivery priority under the CAP repayment contract.
            (13) CAP nia priority water.--The term ``CAP NIA priority 
        water'' means the CAP water deliverable under a CAP contract or 
        a CAP subcontract providing for the delivery of non-Indian 
        agricultural priority water.
            (14) CAP operating agency.--The term ``CAP operating 
        agency'' means--
                    (A) the one 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.
            (15) CAP pumping energy charge.--The term ``CAP pumping 
        energy charge'' has the meaning given the term ``Pumping Energy 
        Charge'' in the CAP repayment stipulation.
            (16) CAP repayment contract.--The term ``CAP repayment 
        contract'' means--
                    (A) the contract entitled ``Contract between the 
                United States and CAWCD for Delivery of Water and 
                Repayment of Costs of the CAP'', numbered 14-06-W-245 
                (Amendment No. 1), and dated December 1, 1988; and
                    (B) any amendment to, or revision of, that 
                contract.
            (17) 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.
            (18)  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.
            (19) CAP subcontractor.--The term ``CAP subcontractor'' 
        means a person that has entered into a CAP subcontract.
            (20) 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).
            (21) CAP water.--The term ``CAP water'' has the meaning 
        given the term ``Project Water'' in the CAP repayment 
        stipulation.
            (22) 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.).
            (23) 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.
            (24) 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.
            (25) Colorado river water.--The term ``Colorado River 
        water'' means the water of the Colorado River within the United 
        States, including--
                    (A) the water of reservoirs on the Colorado River 
                within the United States;
                    (B) the water of all tributaries to the Colorado 
                River within the United States, other than tributaries 
                located within the State;
                    (C) the water beneath the surface of the Earth that 
                is hydraulically connected to the Colorado River within 
                the United States; and
                    (D) all water beneath the surface of the Earth that 
                is hydraulically connected to tributaries to the 
                Colorado River within the United States, other than 
                tributaries located within the State.
            (26) Colorado river water entitlement.--
                    (A) In general.--The term ``Colorado River water 
                entitlement'' means the right or authorization to use 
                Colorado River water in the State.
                    (B) Exclusion.--The term ``Colorado River water 
                entitlement'' does not include the right of the 
                Hualapai Tribe to use Hualapai Tribe CAP water in 
                accordance with the Hualapai Tribe water delivery 
                contract.
            (27) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Reclamation.
            (28) Diversion.--The term ``diversion'' means an act to 
        divert.
            (29) Divert.--The term ``divert'' means the receipt, 
        withdrawal, development, production, or capture of water using 
        a ditch, canal, flume, bypass, pipeline, pit, collection or 
        infiltration gallery, conduit, well, pump, turnout, dam, or any 
        other mechanical device, or any other act of man.
            (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, whether 
                or not 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 12(a).
            (32) Exchange.--The term ``exchange'' means a trade between 
        one 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 amounts 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 more recently than 
                September 30, 1968, for use on Federal, State, or 
                privately owned land in the State, in a total quantity 
                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, 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 ownership through a related 
                entity.
            (40) Hualapai land.--The term ``Hualapai land'' means--
                    (A) the Hualapai Reservation;
                    (B) Hualapai trust land; and
                    (C) Hualapai fee land.
            (41) Hualapai om&r trust account.--The term ``Hualapai OM&R 
        Trust Account'' means the account established by section 
        6(c)(1).
            (42) 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 
                section 9.
            (43) 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'').
            (44) 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 11.
            (45) Hualapai tribe water rights settlement agreement.--
                    (A) In general.--The term ``Hualapai Tribe water 
                rights settlement agreement'' means the agreement, 
                including exhibits, entitled the ``Hualapai Tribe Water 
                Rights Settlement Agreement''.
                    (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 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 11(c) for the delivery of 
        Hualapai Tribe CAP water.
            (47) 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.
            (48) Hualapai water project.--The term ``Hualapai Water 
        Project'' means the project constructed in accordance with 
        section 6.
            (49) Hualapai water project account.--The term ``Hualapai 
        Water Project Account'' means the account established by 
        section 6(b)(1).
            (50) 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).
            (51) 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.
            (52) Lower basin.--The term ``lower basin'' has the meaning 
        given the term in article II(g) of the Colorado River Compact.
            (53) Lower colorado river basin development fund.--The term 
        ``Lower Colorado River Basin Development Fund'' means the fund 
        established by section 403 of the Colorado River Basin Project 
        Act (43 U.S.C. 1543).
            (54) Member.--The term ``member'' means any person duly 
        enrolled as a member of the Hualapai Tribe.
            (55) 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.
            (56) Parcel 1.--The term ``Parcel 1'' means the parcel of 
        land that--
                    (A) is 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) is held in trust for certain allottees.
            (57) Parcel 2.--The term ``Parcel 2'' means the parcel of 
        land that--
                    (A) is depicted as ``Parcel 2'' on the map attached 
                to the Hualapai Tribe water rights settlement agreement 
                as Exhibit 3.1.6; and
                    (B) is held in trust for certain allottees.
            (58) Parcel 3.--The term ``Parcel 3'' means the parcel of 
        land that--
                    (A) is depicted as ``Parcel 3'' on the map attached 
                to the Hualapai Tribe water rights settlement agreement 
                as Exhibit 3.1.6;
                    (B) is held in trust for the Hualapai Tribe; and
                    (C) is part of the Hualapai Reservation pursuant to 
                Executive Order 1368 of June 2, 1911.
            (59) Party.--The term ``party'' means a person that is a 
        signatory to the Hualapai Tribe water rights settlement 
        agreement.
            (60) Person.--
                    (A) In general.--The term ``person'' means--
                            (i) an individual;
                            (ii) a public or private corporation;
                            (iii) a company;
                            (iv) a partnership;
                            (v) a joint venture;
                            (vi) a firm;
                            (vii) an association;
                            (viii) a society;
                            (ix) an estate or trust;
                            (x) a private organization or enterprise;
                            (xi) the United States;
                            (xii) any Indian tribe;
                            (xiii) a State, territory, or country;
                            (xiv) a governmental entity; and
                            (xv) a political subdivision or municipal 
                        corporation organized under or subject to the 
                        constitution and laws of the State.
                    (B) Inclusions.--The term ``person'' includes an 
                officer, director, agent, insurer, representative, 
                employee, attorney, assign, subsidiary, affiliate, 
                enterprise, legal representative, any predecessor and 
                successor in interest, and any heir of a predecessor 
                and successor in interest of a person.
            (61) Preconstruction activity.--
                    (A) In general.--The term ``preconstruction 
                activity'' means the work relating to the preplanning, 
                planning, and design phases of construction, as those 
                terms are defined in paragraphs (1) through (3) of 
                section 900.112(a) of title 25, Code of Federal 
                Regulations (or a successor regulation).
                    (B) Inclusion.--The term ``preconstruction 
                activity'' includes the activities described in section 
                900.112(b) of title 25, Code of Federal Regulations (or 
                a successor regulation).
            (62) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (63) State.--The term ``State'' means the State of Arizona.
            (64) Surface water.--The term ``surface water'' means all 
        water in the State that is appropriable under State law.
            (65) Water.--The term ``water'', when used without a 
        modifying adjective, means--
                    (A) groundwater;
                    (B) surface water;
                    (C) effluent; or
                    (D) Colorado River water.
            (66) Water right.--The term ``water right'' means any right 
        or rights 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 that 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 that 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.--The Secretary shall carry out all Federal 
        compliance activities necessary to implement 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, including 
        activities necessary to 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.); and
                    (C) all other applicable Federal environmental 
                laws.
            (2) 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 10(b)(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 10(b)(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 contributed 
        by Freeport to 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 contributed by 
Freeport to 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 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 11.
    (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 the entitlement 
        for use or storage 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 the entitlement from the Hualapai Tribe under paragraph 
        (4), may transport Colorado River water available under the 
        entitlement through the Central Arizona Project in accordance 
        with all laws of 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.

SEC. 6. AUTHORIZATION FOR CONSTRUCTION OF HUALAPAI WATER PROJECT; 
              FUNDING.

    (a) Hualapai Water Project.--
            (1) In general.--Subject to the availability of 
        appropriations, the Secretary, acting through the Commissioner, 
        shall plan, design, and construct the Hualapai Water Project, 
        which shall be designed to divert, treat, and convey not less 
        than 3,414 AFY of water from the Colorado River for municipal, 
        commercial, and industrial uses on the Hualapai Reservation.
            (2) Lead agency.--The Bureau of Reclamation shall serve as 
        the lead agency with respect to any activity to plan, design, 
        and construct the water diversion and delivery features of the 
        Hualapai Water Project.
            (3) Scope.--
                    (A) In general.--The scope of the planning, design, 
                and construction activities for the Hualapai Water 
                Project shall be as generally described in the document 
                entitled ``Appraisal Design Report revised with 
                Addendum (June 2016)'' and prepared by DOWL HKM, 
                subject to the condition that, before commencing final 
                design and construction activities, the Secretary 
                shall--
                            (i) review the design of the proposed 
                        construction;
                            (ii) perform value engineering analyses; 
                        and
                            (iii) perform appropriate Federal 
                        compliance activities.
                    (B) Requirements.--The Hualapai Water Project 
                shall--
                            (i) be capable of delivering 3,414 AFY of 
                        water from the Colorado River to the 
                        Reservation;
                            (ii) include all facilities and appurtenant 
                        items necessary to divert, store, treat, and 
                        deliver water for municipal, commercial, and 
                        industrial uses on the Hualapai Reservation; 
                        and
                            (iii) to the maximum extent practicable, be 
                        designed and constructed to minimize OM&R 
                        costs.
                    (C) Negotiations with hualapai tribe.--On the basis 
                of the review described in subparagraph (A)(i), the 
                Secretary shall periodically offer to negotiate and 
                reach agreement with the Hualapai Tribe regarding any 
                appropriate changes to the final design--
                            (i) to ensure that the final design meets 
                        applicable industry standards;
                            (ii) to improve the cost-effectiveness of 
                        the delivery of Colorado River water; and
                            (iii) to ensure that the Hualapai Water 
                        Project will be constructed using only the 
                        amounts made available pursuant to subsection 
                        (b)(6).
            (4) Applicability of isdeaa.--On request of the Hualapai 
        Tribe and in accordance with the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5301 et seq.), the 
        Secretary shall enter into one or more agreements with the 
        Hualapai Tribe to carry out this subsection.
            (5) Operation and maintenance.--
                    (A) In general.--In accordance with subsection (c) 
                and subject to the availability of appropriations, 
                during the period beginning on the enforceability date 
                and ending on the date on which title to the Hualapai 
                Water Project is transferred to the Hualapai Tribe 
                pursuant to paragraph (6), the Secretary, acting 
                through the Commissioner, in consultation with the 
                Hualapai Tribe, shall operate, maintain, and replace 
                the Hualapai Water Project.
                    (B) Authorization of appropriations.--
                            (i) In general.--There is authorized to be 
                        appropriated to the Secretary to carry out the 
                        activities described in subparagraph (A) 
                        $5,000,000, to remain available until expended.
                            (ii) Unexpended funds.--Any funds that 
                        remain unexpended on the date on which title to 
                        the Hualapai Water Project is transferred to 
                        the Hualapai Tribe pursuant to paragraph (6) 
                        shall revert to the Treasury.
                            (iii) Prohibition.--The Secretary shall not 
                        use any amounts from the Hualapai Water Project 
                        Account or the Hualapai OM&R Trust Account to 
                        carry out the activities described in 
                        subparagraph (A).
            (6) Title to hualapai water project.--
                    (A) In general.--The Secretary shall convey to the 
                Hualapai Tribe title to the Hualapai Water Project on 
                the date on which the Secretary issues a notice 
                including--
                            (i) a certification that the infrastructure 
                        constructed is capable of storing, diverting, 
                        treating, transmitting, and distributing a 
                        supply of water as generally set forth in the 
                        final project design described in paragraph 
                        (3);
                            (ii) a finding that the Hualapai Water 
                        Project is substantially complete; and
                            (iii) a certification that the Secretary 
                        has consulted with the Hualapai Tribe regarding 
                        the finding described in clause (ii).
                    (B) Limitation on liability.--
                            (i) In general.--Subject to clause (ii), 
                        beginning on the date on which the Secretary 
                        transfers to the Hualapai Tribe title to the 
                        Hualapai Water Project under subparagraph (A), 
                        the United States shall not be held liable by 
                        any court for damages arising out of any act, 
                        omission, or occurrence relating to the 
                        facilities transferred.
                            (ii) Savings clause.--Clause (i) shall not 
                        apply to liability for damages caused by an 
                        intentional act or an act of negligence 
                        committed by the United States, or by employees 
                        or agents of the United States, occurring prior 
                        to the date on which the Secretary transfers to 
                        the Hualapai Tribe title to the Hualapai Water 
                        Project under subparagraph (A).
                    (C) OM&R obligation of united states after 
                conveyance.--Beginning on the date on which the 
                Secretary transfers to the Hualapai Tribe title to the 
                Hualapai Water Project under subparagraph (A), the 
                United States shall have no obligation to pay for the 
                OM&R costs of the Hualapai Water Project.
            (7) Technical assistance.--
                    (A) In general.--Subject to the availability of 
                appropriations, the Secretary shall provide to the 
                Hualapai Tribe technical assistance, including 
                operation and management training, to prepare the 
                Hualapai Tribe for the operation of the Hualapai Water 
                Project.
                    (B) Authorization of appropriations.--
                            (i) In general.--There is authorized to be 
                        appropriated to the Secretary to carry out the 
                        activities described in subparagraph (A) 
                        $2,000,000, to remain available until expended.
                            (ii) Unexpended funds.--Any funds that 
                        remain unexpended on the date on which title to 
                        the Hualapai Water Project is transferred to 
                        the Hualapai Tribe pursuant to paragraph (6) 
                        shall revert to the Treasury.
            (8) Project management committee.--The Secretary shall 
        facilitate the formation of a project management committee 
        composed of representatives from the Bureau of Reclamation, the 
        Bureau of Indian Affairs, the National Park Service, the United 
        States Fish and Wildlife Service, and the Hualapai Tribe--
                    (A) to review cost factors and budgets for 
                construction, operation, and maintenance activities for 
                the Hualapai Water Project;
                    (B) to improve management of inherently 
                governmental functions through enhanced communication; 
                and
                    (C) to seek additional ways to reduce overall costs 
                for the Hualapai Water Project.
            (9) Authorization to construct.--
                    (A) In general.--Subject to subparagraph (B), 
                beginning on the day after the enforceability date, the 
                Secretary may construct the Hualapai Water Project.
                    (B) Preconstruction activities.--
                            (i) In general.--Notwithstanding 
                        subparagraph (A) and subject to clause (ii), on 
                        or before the enforceability date, the 
                        Secretary may use not more than $15,233,000 of 
                        the amounts deposited in the Hualapai Water 
                        Project Account under subsection (b)(6) to 
                        carry out, for the Hualapai Water Project--
                                    (I) preconstruction activities; and
                                    (II) necessary environmental 
                                studies.
                            (ii) Fluctuation in costs.--The amount 
                        described in clause (i) shall be increased or 
                        decreased, as appropriate, by such amounts as 
                        may be justified by reason of fluctuations in 
                        applicable engineering cost indices occurring 
                        after February 29, 2016.
    (b) Hualapai Water Project Account.--
            (1) Establishment.--
                    (A) In general.--There is established in the 
                Treasury of the United States an account, to be known 
                as the ``Hualapai Water Project Account'', for use in 
                constructing the Hualapai Water Project.
                    (B) Administration.--The Hualapai Water Project 
                Account shall be administered by the Secretary.
                    (C) Composition.--The Hualapai Water Project 
                Account shall consist of the amounts deposited in the 
                account under paragraph (6), together with any interest 
                accrued on those amounts.
            (2) Management.--
                    (A) In general.--The Secretary shall manage the 
                Hualapai Water Project Account in a manner that is 
                consistent with--
                            (i) the American Indian Trust Fund 
                        Management Reform Act of 1994 (25 U.S.C. 4001 
                        et seq.); and
                            (ii) this subsection.
                    (B) Investments.--The Secretary shall invest 
                amounts in the Hualapai Water Project Account in 
                accordance with--
                            (i) the Act of April 1, 1880 (21 Stat. 70, 
                        chapter 41; 25 U.S.C. 161);
                            (ii) the first section of the Act of June 
                        24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 
                        162a); and
                            (iii) obligations of Federal corporations 
                        and Federal Government-sponsored entities, the 
                        charter documents of which provide that the 
                        obligations of the entities are lawful 
                        investments for federally managed funds, 
                        including--
                                    (I) obligations of the United 
                                States Postal Service described in 
                                section 2005 of title 39, United States 
                                Code;
                                    (II) bonds and other obligations of 
                                the Tennessee Valley Authority 
                                described in section 15d of the 
                                Tennessee Valley Authority Act of 1933 
                                (16 U.S.C. 831n-4);
                                    (III) mortgages, obligations, or 
                                other securities of the Federal Home 
                                Loan Mortgage Corporation described in 
                                section 303 of the Federal Home Loan 
                                Mortgage Corporation Act (12 U.S.C. 
                                1452); and
                                    (IV) bonds, notes, or debentures of 
                                the Commodity Credit Corporation 
                                described in section 4 of the Act of 
                                March 8, 1938 (52 Stat. 108, chapter 
                                44; 15 U.S.C. 713a-4).
                    (C) Credits to account.--The interest on, and the 
                proceeds from, the sale or redemption of any 
                obligations held in the Hualapai Water Project Account 
                shall be credited to, and form a part of, the Hualapai 
                Water Project Account.
            (3) Project efficiencies.--If the total cost of planning, 
        design, and construction activities of the Hualapai Water 
        Project results in cost savings and is less than the amounts 
        authorized to be appropriated under paragraph (6), the 
        Secretary, at the request of the Hualapai Tribe, may--
                    (A) use those cost savings to carry out capital 
                improvement projects associated with the Hualapai Water 
                Project; or
                    (B) transfer those cost savings to the Hualapai 
                OM&R Trust Account.
            (4) No reimbursement.--The Secretary shall not be 
        reimbursed by any entity, including the Hualapai Tribe, for any 
        amounts expended by the Secretary in carrying out this section.
            (5) Availability of amounts and investment earnings.--
                    (A) In general.--Except as provided in subsection 
                (a)(9)(B), amounts appropriated to, and deposited in, 
                the Hualapai Water Project Account shall not be 
                available to the Secretary for expenditure until the 
                enforceability date.
                    (B) Investment earnings.--Investment earnings under 
                paragraph (2) on amounts deposited in the Hualapai 
                Water Project Account shall not be available to the 
                Secretary for expenditure until the enforceability 
                date.
            (6) Authorization of appropriations.--
                    (A) In general.--Subject to subparagraph (B), there 
                is authorized to be appropriated to the Secretary for 
                deposit in the Hualapai Water Project Account 
                $134,500,000, to remain available until expended.
                    (B) Fluctuation in costs.--The amount authorized to 
                be appropriated under subparagraph (A) shall be 
                increased or decreased, as appropriate, by such amounts 
                as may be justified by reason of fluctuations in 
                applicable engineering cost indices occurring after 
                February 29, 2016, until the date on which title to the 
                Hualapai Water Project is transferred to the Hualapai 
                Tribe under subsection (a)(6)(A).
    (c) Hualapai OM&R Trust Account.--
            (1) Establishment.--
                    (A) In general.--There is established in the 
                Treasury of the United States a trust account, to be 
                known as the ``Hualapai OM&R Trust Account'', for the 
                OM&R of the Hualapai Water Project.
                    (B) Administration.--The Hualapai OM&R Trust 
                Account shall be administered by the Secretary.
                    (C) Composition.--The Hualapai OM&R Trust Account 
                shall consist of the amounts deposited in the account 
                under paragraph (4), together with any interest accrued 
                on those amounts.
            (2) Management.--
                    (A) In general.--The Secretary shall manage the 
                Hualapai OM&R Trust Account in a manner that is 
                consistent with--
                            (i) the American Indian Trust Fund 
                        Management Reform Act of 1994 (25 U.S.C. 4001 
                        et seq.); and
                            (ii) this subsection.
                    (B) Investments.--The Secretary shall invest 
                amounts in the Hualapai OM&R Trust Account in 
                accordance with the laws and obligations described in 
                clauses (i) through (iii) of subsection (b)(2)(B).
            (3) Availability of amounts.--Beginning on the date on 
        which title to the Hualapai Water Project is transferred to the 
        Hualapai Tribe under subsection (a)(6)(A), the Secretary shall 
        make available to the Hualapai Tribe all amounts appropriated 
        to, and deposited in, the Hualapai OM&R Trust Account.
            (4) Authorization of appropriations.--
                    (A) In general.--Subject to subparagraph (B) and in 
                addition to any amounts transferred from the Hualapai 
                Water Project Account pursuant to subsection (b)(3)(B), 
                there is authorized to be appropriated to the Secretary 
                for deposit and retention in the Hualapai OM&R Trust 
                Account $32,000,000, to remain available until 
                expended.
                    (B) Fluctuation in costs.--The amount authorized to 
                be appropriated under subparagraph (A) shall be 
                increased or decreased, as appropriate, by such amounts 
                as may be justified by reason of fluctuations in 
                applicable engineering cost indices occurring after 
                February 29, 2016.

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

    (a) 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 water 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; and
                            (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.
                    (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 
                        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; and
                            (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.
            (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 water in a 
                        manner not in violation of the Hualapai Tribe 
                        water rights settlement agreement or State law; 
                        and
                            (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.
                    (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 
                        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; and
                            (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.
    (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 
        subparagraph (A) 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 
        described in 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 paragraph (1), 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 enforceability date described 
                        in section 12(d) 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 
                enforceability date described in section 12(d).
                    (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; or
                            (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. 8. 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, 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, 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.
    (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. 9. LAND ADDED TO HUALAPAI RESERVATION.

    The following land in the State is added to the Hualapai 
Reservation:
            (1) The land held in trust by the United States for the 
        Hualapai Tribe by the first section of Public Law 93-560 (88 
        Stat. 1820).
            (2) 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.

SEC. 10. TRUST LAND.

    (a) New Trust Land.--Beginning on the date of enactment of this 
Act, the Secretary shall accept the conveyance of, and hold in trust 
for the benefit of the Hualapai Tribe, the following parcels of land 
owned in fee as of that date of enactment by the Hualapai Tribe:
            (1) Cholla canyon ranch parcels.--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.
            (2) 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.
            (3) 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.
            (4) 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.
            (5) 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.
    (b) Future Trust Land.--
            (1) New statutory requirement.--Effective beginning on the 
        date of enactment of this Act, 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. 11. 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 
                Arizona Water Settlements Act (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 
                Arizona Water Settlements Act (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 Arizona 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 clause to be effected by 
                        the diversion and use of water directly from 
                        the Colorado River in Arizona.
                    (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 Arizona, 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 to lease and 
                        options to lease under subparagraph (E) shall 
                        be for a term of not more than 100 years.
                            (ii) Exchanging.--Contracts to exchange and 
                        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 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, 
                        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 
                        Arizona for any purpose.
                            (ii) Storage.--The Hualapai Tribe, in 
                        accordance with State law, may store the 
                        Hualapai Tribe CAP water at one 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 Arizona.
                    (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 the 
                        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 all the 
                        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 water--
                                    (I) is delivered for use by the 
                                Hualapai Tribe; or
                                    (II) is delivered under any lease, 
                                option to lease, exchange, or option to 
                                exchange the Hualapai Tribe CAP water 
                                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. 12. 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 7, shall take effect and be 
fully enforceable, and construction of the Hualapai Water Project may 
begin, on the date on which the Secretary publishes in the Federal 
Register a statement of findings that--
            (1) to the extent that the 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 exhibit to that 
                agreement requiring execution by any party to the 
                agreement, has been executed by the required party;
            (2) the waivers and releases of claims described in section 
        7 have been executed by the Hualapai Tribe and the United 
        States;
            (3) the abstracts referenced 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 6(b)(6)(A), as 
        adjusted by section 6(b)(6)(B), has been deposited in the 
        Hualapai Water Project Account;
            (5) the full amount described in section 6(c)(4)(A), as 
        adjusted by section 6(c)(4)(B), has been deposited in the 
        Hualapai OM&R Trust Account;
            (6) the full amounts described in paragraphs (5)(B)(i) and 
        (7)(B)(i) of section 6(a) have been appropriated;
            (7) 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;
            (8) the Secretary has executed the Hualapai Tribe water 
        delivery contract described in section 11(c); and
            (9) the Secretary has issued a final Record of Decision 
        approving the construction of the Hualapai Water Project in a 
        configuration substantially as described in section 6.
    (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--
                    (A) this Act is repealed; and
                    (B)(i) any action taken by the Secretary and any 
                contract or agreement entered into pursuant to this Act 
                shall be void; and
                    (ii) any amounts appropriated under section 6, 
                together with any investment earnings on those amounts, 
                less any amounts expended under section 6(a)(9)(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, sections 9 
        and 10(a) 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, the United States shall be entitled to offset any 
Federal amounts made available under section 6(a)(9) that were used or 
authorized for any use under that subsection against any claim asserted 
by the Hualapai Tribe against the United States described in section 
7(a)(2)(A).
    (d) Enforceability Date for Bill Williams River Phase 2 Water 
Rights Settlement Agreement.--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 7(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 enforceability date described in this subsection.
            (3) Not later than the enforceability date described in 
        subsection (a), 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 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. 13. 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; or
                                    (III) in accordance with paragraph 
                                (2)(D)--
                                            (aa) the Bill Williams Act; 
                                        or
                                            (bb) the Bill Williams 
                                        agreements; and
                            (ii) shall not include any award against 
                        the Hualapai Tribe for money damages, court 
                        costs, or attorneys 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 Federal or 
                        State court 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 or the Colorado River basin within the State 
                of Arizona--
                            (i) brings an action in any Federal or 
                        State court relating only and directly to the 
                        interpretation or enforcement of--
                                    (I) paragraph 10.0 of the Hualapai 
                                Tribe water rights settlement 
                                agreement; or
                                    (II) section 7; and
                            (ii) names the United States or the 
                        Hualapai Tribe as a party in that action.
                    (C) The State of California or the State of 
                Nevada--
                            (i) brings an action in any Federal or 
                        State court relating only and directly to the 
                        interpretation or enforcement of a provision 
                        relating to the Colorado River under--
                                    (I) paragraph 10.0 of the Hualapai 
                                Tribe water rights settlement 
                                agreement; or
                                    (II) section 7; and
                            (ii) names the United States or the 
                        Hualapai Tribe as a party in that action.
                    (D) Any party to the Bill Williams agreements--
                            (i) brings an action in any Federal or 
                        State court relating only and directly to the 
                        interpretation or enforcement of--
                                    (I) the Bill Williams Act; or
                                    (II) the Bill Williams agreements; 
                                and
                            (ii) names the United States or the 
                        Hualapai Tribe as a party in that action.
    (b) 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 titles and 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 
        established by section 403(a) of the Colorado River Basin 
        Project Act (43 U.S.C. 1543(a)).
    (c) 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.
    (d) Effect.--
            (1) Definition of colorado river water.--The definition of 
        ``Colorado River water'' contained in section 3, or in any 
        provision of the Hualapai Tribe water rights settlement 
        agreement--
                    (A) shall only be used for purposes of interpreting 
                this Act or the Hualapai Tribe water rights settlement 
                agreement, as applicable; and
                    (B) shall not be used for any interpretation of any 
                other applicable provision of Federal law, including--
                            (i) the Colorado River Compact;
                            (ii) section 5 of the Boulder Canyon 
                        Project Act (43 U.S.C. 617d);
                            (iii) the Colorado River Basin Project Act 
                        (Public Law 90-537; 82 Stat. 885); and
                            (iv) any contract or agreement entered into 
                        pursuant to a law described in clause (i), 
                        (ii), or (iii).
            (2) 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.
            (3) 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.
            (4) Effect of act.--Nothing in this Act--
                    (A) quantifies or otherwise affects the water 
                rights, claims, or entitlements to water of any Indian 
                tribe, nation, band, or community, other than the 
                Hualapai Tribe;
                    (B) affects the ability of the United States to 
                take action on behalf of any Indian tribe, nation, 
                band, or community, 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.
                                 <all>
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