(A) the water of reservoirs on the Colorado 
River within the United States; 
(B) the water of all tributaries to the Colo-
rado 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 tribu-
taries to the Colorado River within the United 
States, other than tributaries located within the 
State. 
(26) 
COLORADO
RIVER
WATER
ENTITLE-
MENT.— 
(A) IN
GENERAL.—The term ‘‘Colorado 
River water entitlement’’ means the right or au-
thorization 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. 
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(27) COMMISSIONER.—The term ‘‘Commis-
sioner’’ 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 cap-
ture of water using a ditch, canal, flume, bypass, 
pipeline, pit, collection or infiltration gallery, con-
duit, well, pump, turnout, dam, or any other me-
chanical device, or any other act of man. 
(30) EFFLUENT.—The term ‘‘effluent’’ means 
water that— 
(A) has been used in the State for domes-
tic, 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 ‘‘en-
forceability date’’ means the date described in sec-
tion 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 
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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 sat-
isfaction of entitlements— 
(A) in accordance with contracts, Secre-
tarial reservations, perfected rights, and other 
arrangements between the United States and 
water users in the State entered into or estab-
lished more recently than September 30, 1968, 
for use on Federal, State, or privately owned 
land in the State, in a total quantity not great-
er than 164,652 AFY of diversions; and 
(B) after first providing for the delivery of 
Colorado River water for the CAP system, in-
cluding 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 ‘‘Free-
port Minerals Corporation’’. 
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(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 Sys-
tem 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 Su-
perior 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 adju-
dication 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 
‘‘ground-
water’’ means all water beneath the surface of the 
Earth within the State that is not— 
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(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 bound-
aries 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, in-
cluding— 
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(A) all land withdrawn by the Executive 
order dated January 4, 1883, as modified by 
the May 28, 1942, Order of the Secretary pur-
suant to the Act of February 20, 1925 (43 
Stat. 954, chapter 273); 
(B) the land identified by the Executive or-
ders dated December 22, 1898, May 14, 1900, 
and June 2, 1911; and 
(C) the land added to the Hualapai Res-
ervation by section 9. 
(43) HUALAPAI TRIBE.—The term ‘‘Hualapai 
Tribe’’ means the Hualapai Tribe, a federally recog-
nized 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 Re-
organization 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 re-
allocation to Indian tribes in the State pursuant 
to section 104(a)(1)(A)(iii) of the Central Ari-
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zona 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 SETTLE-
MENT AGREEMENT.— 
(A) IN
GENERAL.—The term ‘‘Hualapai 
Tribe water rights settlement agreement’’ 
means the agreement, including exhibits, enti-
tled the ‘‘Hualapai Tribe Water Rights Settle-
ment Agreement’’. 
(B) INCLUSIONS.—The term ‘‘Hualapai 
Tribe water rights settlement agreement’’ in-
cludes— 
(i) any amendments necessary to 
make the Hualapai Tribe water rights set-
tlement agreement consistent with this 
Act; and 
(ii) any other amendments approved 
by the parties to the Hualapai Tribe water 
rights settlement agreement and the Sec-
retary. 
(46) HUALAPAI TRIBE WATER DELIVERY CON-
TRACT.—The term ‘‘Hualapai Tribe water delivery 
contract’’ means the contract entered into in accord-
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ance with the Hualapai Tribe water rights settle-
ment 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 con-
structed 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.— 
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(A) IN
GENERAL.—The term ‘‘injury to 
water rights’’ means any interference with, dim-
inution 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 DEVELOP-
MENT
FUND.—The term ‘‘Lower Colorado River 
Basin Development Fund’’ means the fund estab-
lished 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 relat-
ing 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 fea-
ture of a project. 
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(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 at-
tached to the Hualapai Tribe water rights set-
tlement 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. 
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(59) PARTY.—The term ‘‘party’’ means a per-
son 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 enter-
prise; 
(xi) the United States; 
(xii) any Indian tribe; 
(xiii) a State, territory, or country; 
(xiv) a governmental entity; and 
(xv) a political subdivision or munic-
ipal corporation organized under or subject 
to the constitution and laws of the State. 
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(B) INCLUSIONS.—The term ‘‘person’’ in-
cludes an officer, director, agent, insurer, rep-
resentative, employee, attorney, assign, sub-
sidiary, affiliate, enterprise, legal representative, 
any predecessor and successor in interest, and 
any heir of a predecessor and successor in in-
terest of a person. 
(61) PRECONSTRUCTION ACTIVITY.— 
(A) 
IN
GENERAL.—The 
term 
‘‘preconstruction activity’’ means the work re-
lating to the preplanning, planning, and design 
phases of construction, as those terms are de-
fined in paragraphs (1) through (3) of section 
900.112(a) of title 25, Code of Federal Regula-
tions (or a successor regulation). 
(B) INCLUSION.—The term ‘‘preconstruc-
tion 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. 
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(64) SURFACE
WATER.—The term ‘‘surface 
water’’ means all water in the State that is appro-
priable 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, sur-
face water, effluent, or Colorado River water under 
Federal, State, or other law. 
SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI 
TRIBE WATER RIGHTS SETTLEMENT AGREE-
MENT. 
(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 
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water rights settlement agreement requiring the sig-
nature 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 con-
firmed, 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 pro-
hibits 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.— 
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(1) IN
GENERAL.—The Secretary shall carry 
out all Federal compliance activities necessary to im-
plement 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, includ-
ing 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 environ-
mental laws. 
(2) EFFECT OF EXECUTION.—The execution of 
the Hualapai Tribe water rights settlement agree-
ment by the Secretary under this section shall not 
constitute a major action for purposes of the Na-
tional 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 ben-
efit of the Hualapai Tribe: 
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(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 agree-
ment. 
(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 fol-
lowing water rights shall not be subject to loss through 
non-use, forfeiture, abandonment, or other operation of 
law: 
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(1) The water rights for the Hualapai Reserva-
tion 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 pur-
chased by the Hualapai Tribe wholly or substantially 
with amounts contributed by Freeport to the Eco-
nomic Development Fund described in section 8.1 of 
the Amended and Restated Hualapai Tribe Bill Wil-
liams River Water Rights Settlement Agreement. 
(c) ALIENATION.—Any Colorado River water entitle-
ment purchased by the Hualapai Tribe wholly or substan-
tially with amounts contributed by Freeport to the Eco-
nomic Development Fund described in section 8.1 of the 
Amended and Restated Hualapai Tribe Bill Williams 
River Water Rights Settlement Agreement shall be re-
stricted 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 
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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 Colo-
rado River water available under any Colorado 
River water entitlement purchased by or do-
nated to the Hualapai Tribe at underground 
storage facilities or groundwater savings facili-
ties located within the State and in accordance 
with State law. 
(B) ASSIGNMENTS.—The Hualapai Tribe 
may assign any long-term storage credits ac-
crued as a result of storage under subpara-
graph (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 loca-
tion within the State, including the Hualapai Res-
ervation, 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. 
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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, com-
mercial, and industrial uses on the Hualapai Res-
ervation. 
(2) LEAD AGENCY.—The Bureau of Reclama-
tion 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 plan-
ning, 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— 
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(i) review the design of the proposed 
construction; 
(ii) perform value engineering anal-
yses; and 
(iii) perform appropriate Federal com-
pliance 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 appur-
tenant 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 prac-
ticable, 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 peri-
odically offer to negotiate and reach agreement 
with the Hualapai Tribe regarding any appro-
priate changes to the final design— 
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(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 In-
dian 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 
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Hualapai Tribe, shall operate, maintain, and re-
place the Hualapai Water Project. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.— 
(i) IN GENERAL.—There is authorized 
to be appropriated to the Secretary to 
carry out the activities described in sub-
paragraph (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 re-
vert 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 subpara-
graph (A). 
(6) TITLE TO HUALAPAI WATER PROJECT.— 
(A) IN
GENERAL.—The Secretary shall 
convey to the Hualapai Tribe title to the 
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Hualapai Water Project on the date on which 
the Secretary issues a notice including— 
(i) a certification that the infrastruc-
ture constructed is capable of storing, di-
verting, treating, transmitting, and distrib-
uting 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 re-
garding 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 occur-
rence 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 
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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 avail-
ability of appropriations, the Secretary shall 
provide to the Hualapai Tribe technical assist-
ance, including operation and management 
training, to prepare the Hualapai Tribe for the 
operation of the Hualapai Water Project. 
(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.— 
(i) IN GENERAL.—There is authorized 
to be appropriated to the Secretary to 
carry out the activities described in sub-
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paragraph (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 re-
vert 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 In-
dian 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 activi-
ties for the Hualapai Water Project; 
(B) to improve management of inherently 
governmental functions through enhanced com-
munication; and 
(C) to seek additional ways to reduce over-
all costs for the Hualapai Water Project. 
(9) AUTHORIZATION TO CONSTRUCT.— 
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(A) IN
GENERAL.—Subject to subpara-
graph (B), beginning on the day after the en-
forceability 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 in-
creased or decreased, as appropriate, by 
such amounts as may be justified by rea-
son of fluctuations in applicable engineer-
ing cost indices occurring after February 
29, 2016. 
(b) HUALAPAI WATER PROJECT ACCOUNT.— 
(1) ESTABLISHMENT.— 
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(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— 
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(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 corpora-
tions and Federal Government-sponsored 
entities, the charter documents of which 
provide that the obligations of the entities 
are lawful investments for federally man-
aged funds, including— 
(I) obligations of the United 
States Postal Service described in sec-
tion 2005 of title 39, United States 
Code; 
(II) bonds and other obligations 
of the Tennessee Valley Authority de-
scribed in section 15d of the Ten-
nessee 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 
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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 redemp-
tion of any obligations held in the Hualapai 
Water Project Account shall be credited to, and 
form a part of, the Hualapai Water Project Ac-
count. 
(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 appro-
priated 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. 
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(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 INVEST-
MENT 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 de-
posited in the Hualapai Water Project Account 
shall not be available to the Secretary for ex-
penditure until the enforceability date. 
(6) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), there is authorized to be appro-
priated 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 de-
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creased, as appropriate, by such amounts as 
may be justified by reason of fluctuations in ap-
plicable 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 ac-
count, 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 de-
posited in the account under paragraph (4), to-
gether 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— 
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(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 obliga-
tions 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 avail-
able to the Hualapai Tribe all amounts appropriated 
to, and deposited in, the Hualapai OM&R Trust Ac-
count. 
(4) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (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 Sec-
retary for deposit and retention in the Hualapai 
OM&R Trust Account $32,000,000, to remain 
available until expended. 
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(B) 
FLUCTUATION
IN
COSTS.—The 
amount authorized to be appropriated under 
subparagraph (A) shall be increased or de-
creased, as appropriate, by such amounts as 
may be justified by reason of fluctuations in ap-
plicable 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
OTH-
ERS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Hualapai Tribe, on be-
half of the Hualapai Tribe and the members of 
the Hualapai Tribe (but not members in the ca-
pacity 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 capac-
ity 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 exe-
cute a waiver and release of any claims against 
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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, for-
ever; 
(ii) past, present, and future claims 
for water rights, including rights to Colo-
rado River water, arising from time imme-
morial 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 
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to rights to Colorado River water, arising 
from time immemorial and, thereafter, for-
ever, that are based on the aboriginal occu-
pancy of land by the Hualapai Tribe, the 
predecessors of the Hualapai Tribe, the 
members of the Hualapai Tribe, or prede-
cessors 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 settle-
ment agreement, any judgment or decree 
approving or incorporating the Hualapai 
Tribe water rights settlement agreement, 
or this Act; and 
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(vii) claims for water rights of the 
Hualapai Tribe or the United States, act-
ing as trustee for the Hualapai Tribe and 
members of the Hualapai Tribe with re-
spect 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 RETEN-
TION 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 mem-
bers 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 
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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 de-
cree 
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 ac-
quired 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, act-
ing 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, act-
ing 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 
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Federal or State court of competent juris-
diction; 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 pur-
chased 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 mem-
bers 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 
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from time immemorial and, thereafter, for-
ever; 
(ii) past, present, and future claims 
for water rights, including rights to Colo-
rado River water, arising from time imme-
morial 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 in-
jury 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, ac-
quire, or develop water, water rights, or 
water infrastructure) within the State that 
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first accrued at any time prior to the en-
forceability 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, for-
ever, that are based on the aboriginal occu-
pancy of land by the Hualapai Tribe, the 
predecessors of the Hualapai Tribe, the 
members of the Hualapai Tribe, or prede-
cessors 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 
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(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 settle-
ment 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.—Notwith-
standing the waiver and release of claims de-
scribed in subparagraph (A), the Hualapai 
Tribe and the members of the Hualapai Tribe 
(but not members in the capacity of the mem-
bers 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; 
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(ii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Hualapai Tribe under any judgment or de-
cree 
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 ac-
quired 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, act-
ing 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, act-
ing 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 juris-
diction; and 
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(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 pur-
chased 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 para-
graph (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 im-
memorial and, thereafter, forever; 
(B) past, present, and future claims for 
water rights, including rights to Colorado River 
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water, arising from time immemorial and, 
thereafter, forever, that are based on the ab-
original 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 Colo-
rado River water, for the allotments, arising 
from time immemorial through the enforce-
ability date; 
(D) past, present, and future claims for in-
jury 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, in-
cluding injury to rights to Colorado River 
water, arising after the enforceability date, for 
the allotments, resulting from the off-Reserva-
tion 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 aris-
ing out of, or relating in any manner to, the ne-
gotiation, 
execution, 
or 
adoption 
of 
the 
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(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the allottees 
under any judgment or decree approving or in-
corporating 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 be-
half 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 be-
half 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. 
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(c) WAIVER AND RELEASE OF CLAIMS BY UNITED 
STATES AGAINST HUALAPAI TRIBE.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, in all capacities (ex-
cept 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 Colo-
rado 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, in-
cluding injury to rights to Colorado River 
water, arising after the enforceability date, re-
sulting from the diversion or use of water on 
Hualapai land in a manner that is not in viola-
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tion of the Hualapai Tribe water rights settle-
ment agreement or State law; and 
(C) past, present, and future claims aris-
ing out of, or related in any manner to, the ne-
gotiation, 
execution, 
or 
adoption 
of 
the 
Hualapai Tribe water rights settlement agree-
ment, any judgment or decree approving or in-
corporating 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 para-
graph (1), the United States shall retain any right 
to assert any claim not expressly waived in accord-
ance with paragraph (1), including any right to as-
sert a claim for injury to, and seek enforcement of, 
any right of the United States under the Bill Wil-
liams 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 RE-
TENTION OF CLAIMS.— 
(1) CLAIMS AGAINST FREEPORT.— 
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(A) IN GENERAL.—Except as provided in 
subparagraph (C), the United States, acting 
solely on behalf of the Department of the Inte-
rior (including the Bureau of Land Manage-
ment and the United States Fish and Wildlife 
Service), as part of the performance of the obli-
gations of the United States under the Bill Wil-
liams 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 in-
jury 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; 
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(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 man-
ner not in violation of the Bill Wil-
liams River phase 2 water rights set-
tlement agreement; 
(II) the diversion of up to 2,500 
AFY of water by Freeport from Syca-
more Creek as permitted by section 
4.3(iv) of the Bill Williams River 
phase 2 water rights settlement agree-
ment; 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 
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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 settle-
ment 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 enforce-
ment 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.— 
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(A) 
PENDING
AND
FUTURE
PRO-
CEEDINGS.—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 administra-
tive 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 diver-
sion; 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. 
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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, act-
ing 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 grant-
ed, 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 mem-
bers of the Hualapai Tribe, and the United States, 
acting in the capacity of the United States as trust-
ee 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 substi-
tution for, and full satisfaction of, all claims with re-
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SEC. 9. LAND ADDED TO HUALAPAI RESERVATION. 
In accordance with section 2 of the Act of May 25, 
1918 (40 Stat. 570, chapter 86; 25 U.S.C. 211), the fol-
lowing land in the State is added to the Hualapai Reserva-
tion: 
(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 con-
veyance 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 Me-
ridian, Mohave County, Arizona— 
(A) SW1⁄4 sec. 25; and 
(B) NE1⁄4 and NE1⁄4SE1⁄4 sec. 35. 
(2) TRUXTON TRIANGLE.—That portion of the 
S1⁄2 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 
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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, Mo-
have County, Arizona. 
(3) HUNT PARCEL 4.—SW1⁄4NE1⁄4 sec. 7, T. 
25 N., R. 13 W., Gila and Salt River Base and Me-
ridian, Mohave County, Arizona. 
(4) HUNT PARCELS 1 AND 2.—In T. 26 N., R. 
14 W., Gila and Salt River Base and Meridian, Mo-
have County, Arizona— 
(A) NE1⁄4SW1⁄4 sec. 9; and 
(B) NW1⁄4SE 1⁄4 sec. 27. 
(5) HUNT PARCEL 3.—SW1⁄4NE1⁄4 sec. 25, T. 
27 N., R. 15 W., Gila and Salt River Base and Me-
ridian, 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 bound-
aries 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 
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(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 para-
graph (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; COL-
ORADO 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 6(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 
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Hualapai Tribe CAP water to the equivalent of 
CAP M&I priority water. 
(B) In accordance with section 6(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 au-
thority, in accordance with State law. 
(c) HUALAPAI
TRIBE
WATER
DELIVERY
CON-
TRACT.— 
(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. 
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(2) REQUIREMENTS.—The requirements re-
ferred 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 Sec-
retary shall deliver the Hualapai Tribe CAP 
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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 de-
mands under CAP contracts and CAP sub-
contracts for the delivery of CAP NIA pri-
ority water, the Secretary and the CAP op-
erating agency shall prorate the available 
CAP NIA priority water among the CAP 
contractors and CAP subcontractors hold-
ing 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 subcon-
tractor in the last year in which the avail-
able CAP supply was sufficient to fill all 
orders for CAP NIA priority water. 
(ii) EXCEPTION.— 
(I) 
IN
GENERAL.—Notwith-
standing clause (i), if the available 
CAP supply is insufficient to meet all 
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demands under CAP contracts and 
CAP subcontracts for the delivery of 
CAP NIA priority water in the year 
following the year in which the en-
forceability 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 
as-
sumption described in subclause (I) 
shall continue until the available CAP 
supply is sufficient to meet all de-
mands 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 
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for CAP NIA priority water in a man-
ner 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 de-
livery contract becomes effective, the Hualapai 
Tribe may, with the approval of the Secretary, 
enter into contracts or options to lease, or con-
tracts or options to exchange, the Hualapai 
Tribe CAP water within the lower basin in Ari-
zona, 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 ex-
change and options to exchange under sub-
paragraph (E) shall be for the term pro-
vided for in the contract or option, as ap-
plicable. 
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(iii) RENEGOTIATION.—The Hualapai 
Tribe may, with the approval of the Sec-
retary, renegotiate any lease described in 
subparagraph (E), at any time during the 
term of the lease, if the term of the re-
negotiated lease does not exceed 100 years. 
(G) PROHIBITION ON PERMANENT ALIEN-
ATION.—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 an-
other person. 
(I) ENTITLEMENT
TO
LEASE
AND
EX-
CHANGE
FUNDS; 
OBLIGATIONS
OF
UNITED 
STATES.— 
(i) ENTITLEMENT.— 
(I) IN GENERAL.—The Hualapai 
Tribe shall be entitled to all consider-
ation due to the Hualapai Tribe under 
any contract to lease, option to lease, 
contract to exchange, or option to ex-
change the Hualapai Tribe CAP water 
entered into by the Hualapai Tribe. 
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(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 obli-
gation 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, con-
tract 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 pro-
ceeds of any lease, option to lease, ex-
change, or option to exchange into an ac-
count 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. 
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(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 ac-
crued 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 sub-
section (b)(1). 
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(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 condi-
tion that funds for that payment are 
available in the Lower Colorado River 
Basin Development Fund; and 
(II) if the funds described in sub-
clause (I) become unavailable, the 
Hualapai Tribe. 
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(M) CAP PUMPING ENERGY CHARGES.— 
(i) IN GENERAL.—The CAP operating 
agency shall be paid the CAP pumping en-
ergy 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 subpara-
graph (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 EQUIVA-
LENCY 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 un-
derground storage facility or groundwater sav-
ings facility. 
(O) 
LESSEE
RESPONSIBILITY
FOR 
CHARGES.— 
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(i) IN GENERAL.—Any lease or option 
to lease providing for the temporary deliv-
ery 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 en-
ergy charges associated with the delivery of 
the leased water. 
(ii) NO
RESPONSIBILITY
FOR
PAY-
MENT.—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 ad-
vance. 
(Q) CALCULATION.—The charges for deliv-
ery of the Hualapai Tribe CAP water pursuant 
to the Hualapai Tribe water delivery contract 
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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 con-
structed after November 21, 2007, the costs as-
sociated 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 obli-
gation of the Central Arizona Water Con-
servation District. 
(S) NONREIMBURSABLE
CAP
CONSTRUC-
TION 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 nonreim-
bursable; and 
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(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 agree-
ment, including the waivers and releases of claims de-
scribed in section 7, shall take effect and be fully enforce-
able, and construction of the Hualapai Water Project may 
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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 settle-
ment agreement has been revised through an 
amendment to eliminate the conflict; and 
(B) the revised Hualapai Tribe water 
rights settlement agreement, including any ex-
hibit 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 com-
pleted 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 Ac-
count; 
(5) the full amount described in section 
6(c)(4)(A), as adjusted by section 6(c)(4)(B), has 
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been deposited in the Hualapai OM&R Trust Ac-
count; 
(6) the full amounts described in paragraphs 
(5)(B)(i) and (7)(B)(i) of section 6(a) have been ap-
propriated; 
(7) the Gila River adjudication decree has been 
approved by the Gila River adjudication court sub-
stantially in the form of the judgment and decree at-
tached 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 de-
scribed in section 6. 
(b) REPEAL
ON FAILURE TO MEET ENFORCE-
ABILITY DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), if the Secretary fails to publish in the 
Federal Register a statement of findings under sub-
section (a) by October 15, 2027— 
(A) this Act is repealed; and 
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(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 sec-
tion 6, together with any investment earnings 
on those amounts, less any amounts expended 
under section 6(a)(9)(B), shall revert imme-
diately to the general fund of the Treasury. 
(2) 
SEVERABILITY.—Notwithstanding 
para-
graph (1), if the Secretary fails to publish in the 
Federal Register a statement of findings under sub-
section (a) by October 15, 2027, 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 find-
ings under subsection (a) by October 15, 2027, 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 AGREE-
MENT.—Notwithstanding subsection (a), the Bill Williams 
River phase 2 water rights settlement agreement (includ-
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ing 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 oc-
curred: 
(1) The Hualapai Tribe water rights settlement 
agreement becomes enforceable pursuant to sub-
section (a). 
(2) Freeport has submitted to the Arizona De-
partment of Water Resources a conditional with-
drawal 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 de-
scribed in subsection (a), the Arizona Department of 
Water Resources has issued an appealable, condi-
tional 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 
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