with any interest accrued by those amounts, for the 
OM&R of the Navajo Groundwater Projects. 
(2) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B) and in addition to any amounts 
transferred to the Navajo OM&R Trust Ac-
count pursuant to section 103(a)(4), there is 
authorized to be appropriated, deposited, and 
retained in the Navajo OM&R Trust Account, 
$23,000,000. 
(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 ordinary fluctua-
tions in costs occurring after May 1, 2011, as 
indicated by applicable engineering cost indices. 
(3) MANAGEMENT OF ACCOUNT.— 
(A) IN
GENERAL.—The Secretary shall 
manage the Navajo 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. 
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(B) INVESTMENTS.—The Secretary shall 
invest amounts in the Navajo OM&R Trust Ac-
count in accordance with subsection (a)(3)(B). 
(4) AVAILABILITY OF AMOUNTS.—Amounts ap-
propriated to and deposited in the Navajo OM&R 
Trust Account, including any investment earnings, 
shall be made available to the Navajo Nation by the 
Secretary beginning on the date on which title to the 
Navajo Groundwater Projects is transferred to the 
Navajo Nation. 
(c) HOPI GROUNDWATER PROJECT ACCOUNT.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States an account, to be 
known as the ‘‘Hopi Groundwater Project Account’’, 
to be administered by the Secretary, and consisting 
of the amounts deposited in the account under para-
graph (2), together with any interest accrued by 
those amounts, for use in constructing the Hopi 
Groundwater Project. 
(2) TRANSFERS TO ACCOUNT.— 
(A) IN
GENERAL.—Subject to subpara-
graphs (C), there is authorized to be appro-
priated to the Secretary for deposit in the Hopi 
Groundwater Project Account— 
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(i) $113,000,000, to remain available 
until expended; less 
(ii) the amounts deposited in the ac-
count under subparagraph (B). 
(B) TRANSFERS FROM OTHER SOURCES.— 
(i) LOWER
COLORADO
RIVER
BASIN 
DEVELOPMENT FUND.— 
(I) IN GENERAL.—The Secretary 
of the Treasury shall transfer, without 
further appropriation, $25,000,000 to 
the Hopi Groundwater Project Ac-
count from the Future Indian Water 
Settlement Subaccount of the Lower 
Colorado River Basin Development 
Fund established pursuant to section 
403(f)(2)(D)(vi) of the Colorado River 
Basin 
Project 
Act 
(43 
U.S.C. 
1543(f)(2)(D)(vi)). 
(II) 
AVAILABILITY.—The 
amounts transferred under subclause 
(I) shall not be available to the Sec-
retary for expenditure until the date 
on which the Secretary publishes in 
the Federal Register the statement of 
findings under section 108(a). 
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(ii) STATE CONTRIBUTION.—Pursuant 
to subparagraph 13.22 of the settlement 
agreement, the State shall transfer to the 
Hopi 
Groundwater 
Project 
Account 
$1,000,000. 
(C) 
FLUCTUATION
IN
DEVELOPMENT 
COSTS.—The amount authorized to be appro-
priated under subparagraph (A)(i) shall be in-
creased or decreased, as appropriate, by such 
amounts as may be justified by reason of ordi-
nary fluctuations in development costs occur-
ring after May 1, 2011, as indicated by engi-
neering cost indices applicable to the type of 
construction involved, until the Secretary de-
clares that the Hopi Groundwater Project is 
substantially complete. 
(3) MANAGEMENT OF ACCOUNT.— 
(A) IN
GENERAL.—The Secretary shall 
manage the Hopi Groundwater 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. 
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(B) INVESTMENTS.—The Secretary shall 
invest amounts in the Hopi Groundwater 
Project Account in accordance with subsection 
(a)(3)(B). 
(C) CREDITS TO ACCOUNT.—The interest 
on, and the proceeds from, the sale or redemp-
tion of, any obligations held in the Hopi 
Groundwater Project Account shall be credited 
to, and form a part of, the account. 
(4) AVAILABILITY OF AMOUNTS AND INVEST-
MENT EARNINGS.— 
(A) IN GENERAL.—Except as provided in 
section 103(b)(9), amounts appropriated to and 
deposited in the Hopi Groundwater Project Ac-
count shall not be available to the Secretary for 
expenditure until the date on which the Sec-
retary publishes findings under section 108(a). 
(B) INVESTMENT EARNINGS.—Investment 
earnings on amounts deposited in the Hopi 
Groundwater Project Account under paragraph 
(3) shall not be available to the Secretary for 
expenditure until after the date on which the 
Secretary publishes in the Federal Register the 
statement of findings under section 108(a). 
(d) HOPI OM&R TRUST ACCOUNT.— 
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(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a trust account, 
to be known as the ‘‘Hopi OM&R Trust Account’’, 
to be administered by the Secretary and to be avail-
able until expended, consisting of the amounts de-
posited in the account under paragraph (2), together 
with any interest accrued by those amounts, for the 
OM&R of the Hopi Groundwater Project. 
(2) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B) and in addition to any amounts 
transferred to the Hopi OM&R Trust Account 
pursuant to section 103(b)(4), there is author-
ized to be appropriated, deposited, and retained 
in the Hopi OM&R Trust Account, $5,000,000. 
(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 ordinary fluctua-
tions in costs occurring after May 1, 2011, as 
indicated by applicable engineering cost indices. 
(3) MANAGEMENT OF ACCOUNT.— 
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(A) IN
GENERAL.—The Secretary shall 
manage the Hopi 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 Hopi OM&R Trust Ac-
count in accordance with subsection (a)(3)(B). 
(4) AVAILABILITY OF AMOUNTS.—Amounts ap-
propriated to and deposited in the Hopi OM&R 
Trust Account, including any investment earnings, 
shall be made available to the Hopi Tribe by the 
Secretary beginning on the date on which title to the 
Hopi Groundwater Project is transferred to the 
Hopi Tribe. 
(e) N-AQUIFER ACCOUNT.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States an account, to be 
known as the ‘‘N-Aquifer Account’’, to be adminis-
tered by the Secretary and to be available until ex-
pended, consisting of the amounts deposited in the 
account under paragraph (2) to carry out activities 
relating to the N-Aquifer in accordance with section 
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103(c) and subparagraph 6.2 of the settlement 
agreement. 
(2) AUTHORIZATION OF APPROPRIATIONS FOR 
N-AQUIFER MANAGEMENT PLAN.— 
(A) IN
GENERAL.—In addition to any 
amounts transferred to the Aquifer account 
pursuant to subsection (g), there is authorized 
to be appropriated, deposited, and retained to 
carry out section 103(c) and subparagraph 6.2 
of the settlement agreement $5,000,000. 
(B) 
FLUCTUATIONS
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 ordinary fluctua-
tions in costs occurring after May 1, 2011, as 
indicated by applicable engineering cost indices. 
(3) AVAILABILITY.—Amounts appropriated to 
and deposited in the N-Aquifer Account shall be 
made available by the Secretary prior to the LCR 
enforceability date to carry out the activities relating 
to the N-Aquifer management plan in accordance 
with section 103(c)(1) and subparagraph 6.2 of the 
settlement agreement. 
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(f) PASTURE CANYON SPRINGS PROTECTION PRO-
GRAM ACCOUNT.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a trust account, 
to be known as the ‘‘Pasture Canyon Springs Pro-
tection Program Account’’, to be administered by 
the Secretary and to be available until expended, 
consisting of the amounts deposited in the account 
under paragraph (2), together with any interest ac-
crued by those amounts, to carry out activities relat-
ing to the Pasture Canyon Springs Protection Pro-
gram in accordance with section 103(c) and sub-
paragraph 6.2 of the settlement agreement. 
(2) AUTHORIZATION
OF
APPROPRIATION
FOR 
PASTURE
CANYON
SPRINGS
PROTECTION
PRO-
GRAM.— 
(A) IN GENERAL.—There is authorized to 
be appropriated to carry out activities relating 
to the Pasture Canyon Springs Protection Pro-
gram in accordance with section 103(c)(2) and 
to implement the Pasture Canyon Springs Pro-
tection Program provisions of subparagraph 6.2 
of the settlement agreement $10,400,000. 
(B) 
FLUCTUATIONS
IN
COSTS.—The 
amount authorized to be appropriated under 
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subparagraph (A) shall be increased or de-
creased, as appropriate, by such amounts as 
may be justified by reason of ordinary fluctua-
tions in costs occurring after May 1, 2011, as 
indicated by applicable engineering cost indices. 
(3) MANAGEMENT OF ACCOUNT.— 
(A) IN
GENERAL.—The Secretary shall 
manage the Pasture Canyon Springs Protection 
Program Account in a manner that is con-
sistent 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 Pasture Canyon Springs 
Protection Program Account in accordance with 
subsection (a)(3)(B). 
(4) AVAILABILITY.—Amounts made available 
under this subsection shall not be available to the 
Secretary for expenditure until the date on which 
the Secretary publishes in the Federal Register the 
statement of findings under section 108(a). 
(g) TRANSFER OF FUNDS.— 
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(1) NAVAJO
NATION.—The Secretary may, 
upon request of the Navajo Nation, transfer 
amounts from an account established by subsections 
(a) and (b) to any other account established by this 
section. 
(2) HOPI TRIBE.—The Secretary may, upon re-
quest of the Hopi Tribe, transfer amounts from an 
account established by subsections (c), (d), and (f) 
to any other account established by this section. 
(3) AVAILABILITY.— 
(A) IN GENERAL.—The Secretary shall not 
transfer amounts under this subsection until 
the day after the date on which the Secretary 
publishes in the Federal Register the statement 
of findings under section 108(a). 
(B) AVAILABLE
UNTIL
EXPENDED.—Any 
amounts transferred under this subsection shall 
remain available until expended. 
(h) OFFSET.—To the extent necessary, the Secretary 
shall offset any direct spending authorized and any inter-
est earned on amounts expended pursuant to this section 
using such additional amounts as may be made available 
to the Secretary for the applicable fiscal year. 
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SEC. 105. WAIVERS, RELEASES, AND RETENTIONS OF 
CLAIMS. 
(a) NAVAJO NATION WAIVERS, RELEASES, AND RE-
TENTIONS OF CLAIMS.— 
(1) CLAIMS
AGAINST
THE
STATE
AND
OTH-
ERS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Navajo Nation, on behalf 
of itself and the members of the Navajo Nation 
(but not members in their capacity as allottees), 
and the United States, acting as trustee for the 
Navajo Nation and the members of the Navajo 
Nation (but not members in their capacity as 
allottees), as part of the performance of the re-
spective obligations of the Navajo Nation and 
the United States under the settlement agree-
ment, are authorized to execute a waiver and 
release of any claims against the State (or any 
agency or political subdivision of the State), the 
Hopi Tribe, or any other person, entity, cor-
poration or municipal corporation under Fed-
eral, State or other law for all— 
(i) past, present, and future claims for 
water rights for Navajo land and land of 
the Navajo Nation outside of the State, 
whether held in fee or held in trust by the 
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Nation, the members of the Navajo Na-
tion, or their predecessors; 
(v) claims for injury to water rights 
and injury to water quality arising after 
the LCR enforceability date for Navajo 
land and land of the Navajo Nation out-
side of the State, whether held in fee or 
held in trust by the United States on be-
half of the Navajo Nation, resulting from 
the diversion or use of water in a manner 
not in violation of the settlement agree-
ment; and 
(vi) past, present, and future claims 
arising out of, or relating in any manner 
to, the negotiation, execution, or adoption 
of the settlement agreement, an applicable 
settlement judgment or decree, or this Act. 
(B) EFFECTIVE
DATE.—The waiver and 
release of claims under subparagraph (A) shall 
be effective on the LCR enforceability date. 
(C) RETENTION OF CLAIMS.—The Navajo 
Nation, on behalf of itself and the members of 
the Navajo Nation (but not members in their 
capacity as allottees), and the United States, 
acting as trustee for the Navajo Nation and the 
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members of the Navajo Nation (but not mem-
bers in their capacity as allottees), shall retain 
all rights not expressly waived under subpara-
graph (A), including any right— 
(i) subject to subparagraph 13.14 of 
the settlement agreement— 
(I) to assert claims of rights to 
upper basin water for Navajo land; 
and 
(II) to assert claims of rights to 
upper basin water that are based on 
aboriginal occupancy of land within 
the upper basin by the Navajo Nation, 
the members of the Navajo Nation, or 
their predecessors; 
(ii) subject to subparagraphs 6.3 and 
13.8 of the settlement agreement, to assert 
claims for injuries to, and seek enforce-
ment of, the rights of the Navajo Nation 
under the settlement agreement or this 
Act, in any Federal or State court of com-
petent jurisdiction; 
(iii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Navajo Nation under the LCR decree; 
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(iv) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Navajo Nation under the Gila River Adju-
dication decree; 
(v) to participate in the LCR adju-
dication to the extent provided in the set-
tlement agreement; 
(vi) to participate in the Gila River 
adjudication to the extent provided in sub-
paragraphs 4.12, 4.13 and 4.14 of the set-
tlement agreement; 
(vii) except as provided in the settle-
ment agreement, to object to any claims 
for water rights, injury to water rights, or 
injury to water quality by or for any In-
dian tribe or the United States on behalf 
of the Indian tribe; 
(viii) except as provided in the settle-
ment agreement, to assert past, present, or 
future claims for injury to water rights, in-
jury to water quality, or any other claims 
other than a claim for water rights, 
against any Indian tribe or the United 
States on behalf of the Indian tribe; 
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(ix) to assert past, present, or future 
claims for rights to Lower Colorado River 
water, injury to rights to Lower Colorado 
River water, or injury to quality of Lower 
Colorado River water for Navajo land; and 
(x) to assert past, present, or future 
claims for rights to Lower Colorado River 
water, injury to rights to Lower Colorado 
River water, or injury to quality of Lower 
Colorado River water that are based on ab-
original occupancy of land by the Navajo 
Nation, the members of the Navajo Na-
tion, or their predecessors. 
(2) CLAIMS AGAINST THE UNITED STATES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Navajo Nation, on behalf 
of itself and the members of the Navajo Nation 
(but not members in their capacity as allottees), 
as part of the performance of the obligations of 
the Navajo Nation under the settlement agree-
ment, is authorized to execute a waiver and re-
lease of any claims against the United States 
(or agencies, officials, or employees of the 
United States) under Federal, State, or other 
law for all— 
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(i) past, present, and future claims for 
water rights for Navajo land and land of 
the Navajo Nation outside of the State, 
whether held in fee or held in trust by the 
United States on behalf of the Navajo Na-
tion, arising from time immemorial and, 
thereafter, forever; 
(ii) past, present, and future claims 
for water rights arising from time imme-
morial and, thereafter, forever, that are 
based on aboriginal occupancy of land both 
within and outside of the State by the 
Navajo Nation, the members of the Navajo 
Nation, or their predecessors; 
(iii) past and present claims for injury 
to water rights and injury to water quality 
for Navajo land and land of the Navajo 
Nation outside of the State, whether held 
in fee or held in trust by the United States 
on behalf of the Navajo Nation, arising 
from time immemorial through the LCR 
enforceability date; 
(iv) past, present, and future claims 
for injury to water rights and injury to 
water quality arising from time immemo-
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rial and, thereafter, forever, that are based 
on aboriginal occupancy of land both with-
in and outside of the State by the Navajo 
Nation, the members of the Navajo Na-
tion, or their predecessors; 
(v) claims for injury to water rights 
and injury to water quality arising after 
the LCR enforceability date for Navajo 
land and land of the Navajo Nation out-
side of the State, whether held in fee or 
held in trust by the United States on be-
half of the Navajo Nation, resulting from 
the diversion or use of water in a manner 
not in violation of the settlement agree-
ment; 
(vi) past, present, and future claims 
arising out of, or relating in any manner 
to, the negotiation, execution, or adoption 
of the settlement agreement, an applicable 
settlement judgment or decree, or this Act; 
(vii) past, present, and future claims 
for failure to protect, acquire, or develop 
water rights for or on behalf of the Navajo 
Nation and the members of the Navajo 
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Nation arising from time immemorial and, 
thereafter, forever; 
(viii) past, present, and future claims 
relating to failure to assert any claims au-
thorized to be waived under this sub-
section; 
(ix) claims for the OM&R costs of the 
Navajo Groundwater Projects, which shall 
be effective on the date on which the Sec-
retary transfers title to, and OM&R re-
sponsibility for, the Navajo Groundwater 
Projects to the Navajo Nation; 
(x) claims in the case styled The Nav-
ajo Nation v. United States Department of 
the Interior, Case No. CV–03–057–PCT– 
PGR, pending in the United States Dis-
trict Court for the District of Arizona, in-
cluding all claims based on the facts al-
leged in the complaint filed in the action, 
except any claim that is dismissed without 
prejudice pursuant to section 108(a)(14); 
and 
(xi) past and present claims relating 
in any manner to damages, losses, or inju-
ries to water, water rights, land, or other 
VerDate Mar 15 2010 
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resources due to loss of water or water 
rights (including damages, losses, or inju-
ries to hunting, fishing, gathering, or cul-
tural rights due to loss of water or water 
rights, claims relating to interference with, 
diversion, or taking of water, or claims re-
lating to failure to protect, acquire, or de-
velop water, water rights, or water infra-
structure) within the reservation and off- 
reservation trust land that first accrued at 
any time prior to the LCR enforceability 
date. 
(B) EFFECTIVE
DATE.—Except as pro-
vided in subparagraph (A)(ix), the waiver and 
release of claims under subparagraph (A) shall 
be effective on the LCR enforceability date. 
(C) RETENTION OF CLAIMS.—The Navajo 
Nation and the members of the Navajo Nation 
(but not members in their capacity as allottees) 
shall retain all rights not expressly waived in 
under subparagraph (A), including any right— 
(i) subject to subparagraph 13.14 of 
the settlement agreement— 
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(I) to assert claims of rights to 
upper basin water for Navajo land; 
and 
(II) to assert claims of rights to 
upper basin water that are based on 
aboriginal occupancy of land within 
the upper basin by the Navajo Nation, 
the members of the Navajo Nation, or 
their predecessors; 
(ii) subject to subparagraph 13.8 of 
the settlement agreement, to assert claims 
for injuries to, and seek enforcement of, 
the rights of the Navajo Nation under the 
settlement agreement or this Act in any 
Federal or State court of competent juris-
diction; 
(iii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Navajo Nation under the LCR decree; 
(iv) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Navajo Nation under the Gila River adju-
dication decree; 
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(v) to participate in the LCR adju-
dication to the extent provided in the set-
tlement agreement; 
(vi) to participate in the Gila River 
adjudication to the extent provided in sub-
paragraphs 4.12, 4.13, and 4.14 of the set-
tlement agreement; 
(vii) except as provided in the settle-
ment agreement, to object to any claims 
for water rights, injury to water rights, or 
injury to water quality by or for any In-
dian tribe or the United States on behalf 
of the Indian tribe; 
(viii) except as provided in the settle-
ment agreement, to assert past, present, or 
future claims for injury to water rights, in-
jury to water quality, or any other claims 
other than a claim for water rights, 
against any Indian tribe or the United 
States on behalf of the Indian tribe; 
(ix) to assert past, present, or future 
claims for rights to Lower Colorado River 
water, injury to rights to Lower Colorado 
River water, or injury to quality of Lower 
Colorado River water for Navajo land; and 
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(x) to assert past, present, or future 
claims for rights to Lower Colorado River 
water, injury to rights to Lower Colorado 
River water, or injury to quality of Lower 
Colorado River water that are based on ab-
original occupancy of land by the Navajo 
Nation, the members of the Navajo Na-
tion, or their predecessors. 
(b) HOPI TRIBE WAIVERS, RELEASES, AND RETEN-
TIONS OF CLAIMS.— 
(1) CLAIMS
AGAINST
THE
STATE
AND
OTH-
ERS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Hopi Tribe, on behalf of 
itself and the members of the Hopi Tribe (but 
not members in their capacity as allottees), and 
the United States, acting as trustee for the 
Hopi Tribe and the members of the Hopi Tribe 
(but not members in their capacity as allottees), 
as part of the performance of the respective ob-
ligations of the Hopi Tribe and the United 
States under the settlement agreement, are au-
thorized to execute a waiver and release of any 
claims against the State (or any agency or po-
litical subdivision of the State), the Navajo Na-
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tion, or any other person, entity, corporation, or 
municipal corporation under Federal, State, or 
other law for all— 
(i) past, present, and future claims for 
water rights for Hopi land arising from 
time immemorial and, thereafter, forever; 
(ii) past, present, and future claims 
for water rights arising from time imme-
morial and, thereafter, forever, that are 
based on aboriginal occupancy of land by 
the Hopi Tribe, the members of the Hopi 
Tribe, or their predecessors; 
(iii) past and present claims for injury 
to water rights and injury to water quality 
for Hopi land arising from time immemo-
rial through the LCR enforceability date; 
(iv) past, present, and future claims 
for injury to water rights and injury to 
water quality arising from time immemo-
rial and, thereafter, forever, that are based 
on aboriginal occupancy of land by the 
Hopi Tribe, the members of the Hopi 
Tribe, or their predecessors; 
(v) claims for injury to water rights 
and injury to water quality arising after 
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the LCR enforceability date for Hopi land 
resulting from the diversion or use of 
water in a manner not in violation of the 
settlement agreement; and 
(vi) past, present, and future claims 
arising out of, or relating in any manner 
to, the negotiation, execution, or adoption 
of the settlement agreement, an applicable 
settlement judgment or decree, or this Act. 
(B) EFFECTIVE
DATE.—The waiver and 
release of claims under subparagraph (A) shall 
be effective on the LCR enforceability date. 
(C) RETENTION
OF
CLAIMS.—The Hopi 
Tribe on behalf of itself and the members of the 
Hopi Tribe (but not members in their capacity 
as allottees), and the United States, acting as 
trustee for the Hopi Tribe and the members of 
the Hopi Tribe (but not members in their ca-
pacity as allottees), shall retain all rights not 
expressly waived under subparagraph (A), in-
cluding any right— 
(i) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Tribe under the Norviel Decree, as set 
forth in the abstracts required pursuant to 
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other than a claim for water rights, 
against any Indian tribe or the United 
States on behalf of the Indian tribe; 
(vii) to assert past, present, or future 
claims for rights to Lower Colorado River 
water, injury to rights to Lower Colorado 
River water, or injury to quality of Lower 
Colorado River water for Hopi land; and 
(viii) to assert past, present, or future 
claims for rights to Lower Colorado River 
water, injury to rights to Lower Colorado 
River water, or injury to quality of Lower 
Colorado River water that are based on ab-
original occupancy of land by the Hopi 
Tribe, the members of the Hopi Tribe, or 
their predecessors. 
(2) CLAIMS AGAINST THE UNITED STATES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Hopi Tribe, on behalf of 
itself and the members of the Hopi Tribe (but 
not members in their capacity as allottees), as 
part of the performance of the obligations of 
the Hopi Tribe under the settlement agreement, 
is authorized to execute a waiver and release of 
any claims against the United States (or agen-
VerDate Mar 15 2010 
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the LCR enforceability date for Hopi land 
resulting from the diversion or use of 
water in a manner not in violation of the 
settlement agreement; 
(vi) past, present, and future claims 
arising out of, or relating in any manner 
to, the negotiation, execution, or adoption 
of the settlement agreement, an applicable 
settlement judgment or decree, or this Act; 
(vii) past, present, and future claims 
for failure to protect, acquire, or develop 
water rights for or on behalf of the Hopi 
Tribe and the members of the Hopi Tribe 
arising from time immemorial and, there-
after, forever; 
(viii) past, present, and future claims 
relating to failure to assert any claims au-
thorized to be waived under this sub-
section; 
(ix) claims for the OM&R costs of the 
Hopi Groundwater Project, which shall be-
come effective on the date on which the 
Secretary transfers title to, and OM&R re-
sponsibility for, the Hopi Groundwater 
Project to the Hopi Tribe; and 
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(x) past and present claims relating in 
any manner to damages, losses, or injuries 
to water, water rights, land, or other re-
sources 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, diver-
sion, or taking of water, or claims relating 
to failure to protect, acquire, or develop 
water, water rights, or water infrastruc-
ture) within the reservation and off-res-
ervation trust land that first accrued at 
any time prior to the LCR enforceability 
date. 
(B) EFFECTIVE
DATE.—Except as pro-
vided in subparagraph (A)(ix), the waiver and 
release of claims under subparagraph (A) shall 
be effective on the LCR enforceability date. 
(C) RETENTION
OF
CLAIMS.—The Hopi 
Tribe on behalf of itself and the members of the 
Hopi Tribe (but not members in their capacity 
as allottees) shall retain all rights not expressly 
waived under subparagraph (A), including any 
right— 
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(i) to assert claims for injuries to, and 
seek enforcement of, the rights of the Hopi 
Tribe under the Norviel Decree, as set 
forth in the abstracts required pursuant to 
subparagraph 5.4.1 of the settlement 
agreement; 
(ii) subject to subparagraph 13.8 of 
the settlement agreement, to assert claims 
for injuries to, and seek enforcement of, 
the rights of the Hopi Tribe under the set-
tlement agreement or this Act, in any Fed-
eral or State court of competent jurisdic-
tion; 
(iii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Hopi Tribe under the LCR decree; 
(iv) to participate in the LCR adju-
dication to the extent provided in the set-
tlement agreement; 
(v) except as provided in the settle-
ment agreement, to object to any claims 
for water rights, injury to water rights, or 
injury to water quality by or for any In-
dian tribe or the United States on behalf 
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mstockstill on DSK4VPTVN1PROD with BILLS
of the Indian tribe other than the Navajo 
Nation and the Hopi Tribe; 
(vi) except as provided in the settle-
ment agreement, to assert past, present, or 
future claims for injury to water rights, in-
jury to water quality, or any other claims 
other than a claim for water rights, 
against any Indian tribe or the United 
States on behalf of the Indian tribe other 
than the Navajo Nation and the Hopi 
Tribe; 
(vii) to assert past, present, or future 
claims for rights to Lower Colorado River 
water, injury to rights to Lower Colorado 
River water, or injury to quality of Lower 
Colorado River water for Hopi land; and 
(viii) to assert past, present, or future 
claims for rights to Lower Colorado River 
water, injury to rights to Lower Colorado 
River water, or injury to quality of Lower 
Colorado River water that are based on ab-
original occupancy of land by the Hopi 
Tribe, the members of the Hopi Tribe, or 
their predecessors. 
VerDate Mar 15 2010 
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(c) WAIVERS AND RELEASES OF CLAIMS BY THE 
UNITED STATES.— 
(1) ACTING AS TRUSTEE FOR ALLOTTEES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the United States, acting as 
trustee for allottees of the Navajo Nation and 
Hopi Tribe, as part of the performance of the 
obligations of the United States under the set-
tlement agreement, is authorized to execute a 
waiver and release of any claims against the 
State (or any agency or political subdivision of 
the State), the Navajo Nation, the Hopi Tribe, 
or any other person, entity, corporation, or mu-
nicipal corporation under Federal, State, or 
other law, for all— 
(i) past, present, and future claims for 
water rights for allotments arising from 
time immemorial, and, thereafter, forever; 
(ii) past, present, and future claims 
for water rights arising from time imme-
morial and, thereafter, forever, that are 
based on aboriginal occupancy of land by 
allottees or their predecessors; 
(iii) past and present claims for injury 
to water rights and injury to water quality 
VerDate Mar 15 2010 
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for allotments arising from time immemo-
rial through the LCR enforceability date; 
(iv) past, present, and future claims 
for injury to water rights and injury to 
water quality, if any, arising from time im-
memorial and, thereafter, forever, that are 
based on aboriginal occupancy of land by 
allottees or their predecessors; 
(v) claims for injury to water rights 
and injury to water quality arising after 
the LCR enforceability date for allotments 
resulting from the diversion or use of 
water in a manner not in violation of the 
settlement agreement; and 
(vi) past, present, and future claims 
arising out of, or relating in any manner 
to, the negotiation, execution, or adoption 
of the settlement agreement, an applicable 
settlement judgment or decree, or this Act. 
(B) EFFECTIVE
DATE.—The waiver and 
release of claims under subparagraph (A) shall 
be effective on the LCR enforceability date. 
(C) RETENTION OF CLAIMS.—The United 
States, acting as trustee for allottees of the 
Navajo Nation and Hopi Tribe, shall retain all 
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rights not expressly waived under subparagraph 
(A), including any right— 
(i) subject to subparagraph 13.14 of 
the settlement agreement— 
(I) to assert claims of rights to 
upper basin water, if any, for allot-
ments; and 
(II) to assert claims of rights to 
upper basin water that are based on 
aboriginal occupancy of land within 
the upper basin in the State by 
allottees or their predecessors; 
(ii) subject to subparagraph 13.8 of 
the settlement agreement, to assert claims 
for injuries to, and seek enforcement of, 
the rights of allottees, if any, under the 
settlement agreement or this Act, in any 
Federal or State court of competent juris-
diction; 
(iii) to assert claims for injuries to, 
and seek enforcement of, the rights of 
allottees, if any, under the LCR decree; 
(iv) to participate in the LCR adju-
dication to the extent provided in the set-
tlement agreement; 
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(v) except as provided in the settle-
ment agreement, to object to any claims 
for water rights, injury to water rights, or 
injury to water quality by or for any In-
dian tribe; 
(vi) except as provided in the settle-
ment agreement, to assert past, present, or 
future claims for injury to water rights, in-
jury to water quality, or any other claims 
other than a claim for water rights, 
against any Indian tribe; 
(vii) to assert past, present, or future 
claims for rights to Lower Colorado River 
water, injury to rights to Lower Colorado 
River water, or injury to quality of Lower 
Colorado River water for allotments; and 
(viii) to assert past, present, or future 
claims for rights to Lower Colorado River 
water, injury to rights to Lower Colorado 
River water, or injury to quality of Lower 
Colorado River water that are based on ab-
original occupancy of land by allottees or 
their predecessors. 
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(2) WAIVER AND RELEASE OF CLAIMS BY THE 
UNITED STATES AGAINST THE NAVAJO NATION AND 
THE HOPI TRIBE.— 
(A) IN
GENERAL.—Except as provided 
subparagraph (C), the United States, except 
when acting as trustee for an Indian tribe other 
than the Navajo Nation or the Hopi Tribe, as 
part of the performance of the obligations of 
the United States under the settlement agree-
ment, is authorized to execute a waiver and re-
lease of any and all claims of the United States 
against the Navajo Nation and the Hopi Tribe, 
including any agency, official, or employee of 
the Navajo Nation or the Hopi Tribe, under 
Federal, State, or any other law for all— 
(i) past, present, and future claims 
arising out of, or relating in any manner 
to, the negotiation or execution of the set-
tlement agreement or this Act; 
(ii) past and present claims for injury 
to water rights and injury to water quality 
resulting from the diversion or use of 
water on Navajo land and Hopi land aris-
ing from time immemorial through the 
LCR enforceability date; and 
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(iii) claims for injury to water rights 
and injury to water quality arising after 
the LCR enforceability date resulting from 
the diversion or use of water on Navajo 
land and Hopi land in a manner not in vio-
lation of the settlement agreement. 
(B) EFFECTIVE
DATE.—The waiver and 
release of claims under subparagraph (A) shall 
be effective on the LCR enforceability date. 
(C) RETENTION OF CLAIMS.—The United 
States shall retain all rights not expressly 
waived under subparagraph (A), including— 
(i) subject to subparagraph 13.8 of 
the settlement agreement, to assert claims 
for injuries to, and seek enforcement of, 
the settlement agreement or this Act, in 
any Federal or State court of competent 
jurisdiction; 
(ii) to enforce the Gila River adjudica-
tion decree; and 
(iii) to enforce the LCR decree. 
SEC. 106. SATISFACTION OF WATER RIGHTS AND OTHER 
BENEFITS. 
(a) NAVAJO NATION.— 
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100 
(1) IN GENERAL.—Except as provided in the 
settlement agreement, the benefits realized by the 
Navajo Nation under the settlement agreement and 
this Act shall be in complete and full satisfaction of 
all claims of the Navajo Nation and the members of 
the Navajo Nation, and the United States, acting as 
trustee for the Navajo Nation and the members of 
the Navajo Nation, for water rights, injury to water 
rights, and injury to water quality, under Federal, 
State, or other law with respect to Navajo land. 
(2) SOURCE.—Any entitlement to water of the 
Navajo Nation and the members of the Navajo Na-
tion, or the United States, acting as trustee for the 
Navajo Nation and the members of the Navajo Na-
tion, for Navajo land shall be satisfied out of the 
water resources and other benefits granted, con-
firmed, or recognized to or for the Navajo Nation, 
and the United States, acting as trustee for the 
Navajo Nation, by the settlement agreement, the 
LCR decree, the Navajo Nation water delivery con-
tract, and this Act. 
(3) EFFECT.—Notwithstanding paragraph (2), 
nothing in the settlement agreement or this Act has 
the effect of recognizing or establishing any right of 
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102 
the effect of recognizing or establishing any right of 
a member of the Hopi Tribe to water on Hopi land. 
(c) ALLOTTEES WATER CLAIMS.— 
(1) IN GENERAL.—Except as provided in the 
settlement agreement, the benefits realized by 
allottees under the settlement agreement and this 
Act shall be in complete replacement of and substi-
tution for, and full satisfaction of, all claims of 
allottees, and the United States, acting as trustee 
for allottees, for water rights, injury to water rights, 
and injury to water quality under Federal, State, or 
other law with respect to allotments. 
(2) SOURCE.—Except as provided in exhibit 
4.7.3 of the settlement agreement, any entitlement 
to water of allottees, or the United States, acting as 
trustee for allottees, for allotments shall be satisfied 
out of the water resources and other benefits grant-
ed, confirmed, or recognized to or for the Navajo 
Nation, the Hopi Tribe, and the United States, act-
ing as trustee for the Navajo Nation, the Hopi 
Tribe, and allottees, by the settlement agreement, 
the LCR decree, and this Act. 
(d) EXCEPTIONS.—Except as provided in section 
105, nothing in this Act affects any right to water of any 
member of the Navajo Nation, the Hopi Tribe, or any al-
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103 
lottee for land outside of Navajo land, Hopi land, or allot-
ments. 
(e) NAVAJO-HOPI LAND DISPUTE SETTLEMENT ACT 
OF 1996.— 
(1) WATER RIGHTS.—Except as expressly pro-
vided in the settlement agreement, the water rights 
of the Hopi Tribe on land acquired pursuant to the 
Navajo-Hopi Land Dispute Settlement Act of 1996 
(25 U.S.C. 640d note; Public Law 104–301), and 
the rights of the Hopi Tribe to object to surface 
water and groundwater uses on the basis of water 
rights associated with that land, shall be governed 
by that Act. 
(2) AMENDMENT.—Section 12 of the Navajo- 
Hopi Land Dispute Settlement Act of 1996 (25 
U.S.C. 640d note; Public Law 104–301) is amend-
ed— 
(A) in subsection (a)(1)(C), by striking 
‘‘beneficial use’’ and inserting ‘‘beneficial use of 
surface water’’; and 
(B) by striking subsection (e) and insert-
ing the following: 
‘‘(e) PROHIBITION.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
water rights for newly acquired trust land shall not 
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104 
be used, leased, sold, or transported for use off of 
that land or the other trust land of the Tribe, except 
that the Tribe may agree with other persons having 
junior water rights to subordinate the senior water 
rights of the Tribe. 
‘‘(2) RESTRICTIONS.— 
‘‘(A) IN
GENERAL.—Water rights for 
newly acquired trust land shall only be used on 
that land or other trust land of the Tribe that 
is located within the same river basin tributary 
as the main stream of the Colorado River. 
‘‘(B) TEMPORARY
TRANSFER
FOR
USE 
OFF-RESERVATION.—Notwithstanding 
any 
other provision of statutory or common law or 
subparagraph (A) and in accordance with sub-
paragraphs (C) through (J), on approval of the 
Secretary, the Hopi Tribe may enter into a 
service contract, lease, exchange, or other 
agreement providing for the temporary delivery, 
use, or transfer of not more than 10,000 acre- 
feet per year of groundwater from newly ac-
quired trust land that is located within 20 miles 
of the municipal boundaries of Winslow, Ari-
zona, but is not within the Protection Areas (as 
that term is described in paragraph 3.1.119 of 
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105 
the Navajo-Hopi Little Colorado River Water 
Rights Settlement Agreement) for use at— 
‘‘(i) Hopi fee land that is located 
within 5 miles of the municipal boundaries 
of Winslow, Arizona; and 
‘‘(ii) the City of Winslow, Arizona, for 
municipal use by the City of Winslow and 
the residents of that city, with the consent 
of the Hopi Tribe, as provided in para-
graph 5.3 and exhibit 5.3 of the Navajo- 
Hopi Little Colorado River Water Rights 
Settlement Agreement. 
‘‘(C) MAXIMUM TERM.— 
‘‘(i) IN
GENERAL.—The maximum 
term of any service contract, lease, ex-
change, or other agreement under subpara-
graph (B) (including all renewals of such 
an agreement) shall not exceed 99 years in 
duration. 
‘‘(ii) ALIENATION.—The Hopi Tribe 
shall not permanently alienate any ground-
water transported off of newly acquired 
trust land pursuant to subparagraph (B). 
‘‘(D) WEED
AND
DUST
CONTROL.—The 
Tribe shall maintain newly acquired trust land 
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106 
from which groundwater is or will be trans-
ported pursuant to subparagraph (B) free of 
noxious weeds and blowing dust that creates a 
threat to health or safety consistent with sec-
tion 45–546 of the Arizona Revised Statutes. 
‘‘(E) DAMAGE TO SURROUNDING LAND OR 
OTHER WATER USERS.— 
‘‘(i) DAMAGES.—Any transportation 
of groundwater off of newly acquired trust 
land pursuant to subsection (B) shall be 
subject to payment of damages to the ex-
tent the groundwater withdrawals unrea-
sonably increase damage to surrounding 
land or other water users from the con-
centration of wells. 
‘‘(ii) NO
PRESUMPTION
OF
DAM-
AGE.—Neither injury to nor impairment of 
the water supply of any landowner shall be 
presumed from the fact of transportation 
of groundwater off of newly acquired trust 
land pursuant to subparagraph (B). 
‘‘(iii) MITIGATION.—In determining 
whether there has been injury and the ex-
tent of any injury, the court shall consider 
all acts of the person transporting ground-
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107 
water toward the mitigation of injury, in-
cluding the retirement of land from irriga-
tion, discontinuance of other preexisting 
uses of groundwater, water conservation 
techniques, and procurement of additional 
sources of water that benefit the sub-basin 
or landowners within the sub-basin. 
‘‘(iv) COURT FEES.—The court may 
award reasonable attorney fees, expert wit-
ness expenses and fees, and court costs to 
the prevailing party in litigation seeking 
damages for transporting groundwater off 
of newly acquired trust land pursuant to 
subparagraph (B). 
‘‘(F) NO OBLIGATION.—The United States 
(in any capacity) shall have no trust or other 
obligation to monitor, administer, or account 
for, in any manner, groundwater delivered pur-
suant to subparagraph (B). 
‘‘(G) LIABILITY.—The Secretary shall not 
be liable to the Hopi Tribe, the City of Wins-
low, Arizona, or any other person for any loss 
or other detriment resulting from an agreement 
entered into pursuant to subparagraph (B). 
‘‘(H) APPLICABLE LAW.— 
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108 
‘‘(i) STATE LAW.—Any transportation 
or use of groundwater off of the newly ac-
quired trust land pursuant subparagraph 
(B) shall be subject to and consistent with 
all laws (including regulations) of the State 
that apply to the transportation and use of 
water, including all applicable permitting 
and reporting requirements. 
‘‘(ii) PURCHASES
OR
GRANTS
OF 
LANDS FROM INDIANS.—Section 2116 of 
the Revised Statutes (25 U.S.C. 177) shall 
not apply to any groundwater transported 
off of newly acquired trust land pursuant 
to subparagraph (B). 
‘‘(I) APPROVAL OF SECRETARY.—The Sec-
retary shall approve or disapprove any service 
contract, lease, exchange, or other agreement 
under subparagraph (B) submitted by the Hopi 
Tribe for approval within a reasonable period of 
time after submission, except that approval by 
the Secretary shall not be required for any 
groundwater lease under subparagraph (B) for 
less than 10 acre-feet per year with a term of 
less than 7 years, including renewals. 
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109 
‘‘(J) 
NO
FORFEITURE
OR
ABANDON-
MENT.—The nonuse of groundwater of the 
Hopi Tribe from the newly acquired trust land 
pursuant to subparagraph (B) shall not result 
in a forfeiture, abandonment, relinquishment, 
or other loss of all or any part of applicable 
rights.’’. 
SEC. 107. AFTER-ACQUIRED TRUST LAND. 
(a) REQUIREMENT OF ACT OF CONGRESS.—Except 
as provided in section 11 of Public Law 93–531 (25 
U.S.C. 640d–10) and the Navajo-Hopi Land Dispute Set-
tlement Act of 1996 (25 U.S.C. 640d note; Public Law 
104–301), the Navajo Nation or the Hopi Tribe may only 
seek to have legal title to additional land in the State, lo-
cated outside the exterior boundaries of the land that is, 
on the date of enactment of this Act, in reservation status 
or held in trust for the benefit of the Navajo Nation or 
the Hopi Tribe, taken into trust by the United States for 
the benefit of the Navajo Nation or the Hopi Tribe, re-
spectively, pursuant to an Act of Congress enacted after 
the date of enactment of this Act. 
(b) WATER RIGHTS.—Any land taken into trust for 
the benefit of the Navajo Nation or the Hopi Tribe after 
the date of the enactment of this Act shall have only those 
rights to water provided under the settlement agreement, 
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the Navajo-Hopi Land Dispute Settlement Act of 1996 
(25 U.S.C. 640d note; Public Law 104–301), and this Act, 
unless provided otherwise in a subsequent Act of Con-
gress, as provided in subsection (a). 
(c) ACCEPTANCE OF LAND IN TRUST STATUS.— 
(1) MANDATORY
TRUST
ACQUISITION.—Not-
withstanding subsections (a) and (b), if the Navajo 
Nation or Hopi Tribe acquires legal fee title to land 
that is located within the exterior boundaries of the 
Navajo Reservation or the Hopi Reservation, respec-
tively, upon application by the Navajo Nation or the 
Hopi Tribe to take the land into trust, the Secretary 
shall accept the land into trust status for the benefit 
of the Navajo Nation or Hopi Tribe in accordance 
with applicable Federal law (including regulations). 
(2) RESERVATION
STATUS.—Land taken or 
held in trust by the Secretary under paragraph (1) 
shall be part of the Navajo Reservation or the Hopi 
Reservation, respectively. 
SEC. 108. ENFORCEABILITY DATE. 
(a) LITTLE COLORADO RIVER
AND GILA RIVER 
WAIVERS.—The waivers and releases of claims described 
in section 105 shall take effect and be fully enforceable, 
and construction of the Navajo Groundwater Projects and 
the Hopi Groundwater Project may begin, on the date on 
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111 
which the Secretary publishes in the Federal Register a 
statement of findings that— 
(1) to the extent that the settlement agreement 
conflicts with this Act, the settlement agreement has 
been revised through an amendment to eliminate the 
conflict and the revised settlement agreement has 
been executed by the Secretary, the Navajo Nation, 
the Hopi Tribe, the Governor of Arizona, and not 
less than 19 other parties; 
(2) the waivers and releases of claims described 
in section 105 have been executed by the Navajo Na-
tion, the Hopi Tribe, and the United States; 
(3) the State contributions described in sub-
sections (a)(2)(B)(iii) and (c)(2)(B)(ii) of section 
104 have been made; 
(4) the full amount described in section 
104(a)(2)(A)(i), as adjusted by section 104(a)(2)(C), 
has been deposited in the Navajo Groundwater 
Projects Account; 
(5) the full amount described in section 
104(b)(2) has been deposited in the Navajo OM&R 
Trust Account; 
(6) the full amount described in section 
104(c)(2)(A)(i), as adjusted by section 104(c)(2)(C), 
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112 
has been deposited in the Hopi Groundwater Project 
Account; 
(7) the full amount described in section 
104(d)(2) has been deposited in the Hopi OM&R 
Trust Account; 
(8) the full amount described in section 
104(e)(2)(A), as adjusted by section 104(e)(2)(B), 
has been deposited in the N-Aquifer Account and is 
available for use to implement the N-Aquifer Man-
agement Plan; 
(9) the full amount described in section 
104(f)(2)(A), as adjusted by section 104(f)(2)(B), 
has been deposited in the Pasture Canyon Springs 
Protection Program Account and is available for use 
to implement the Pasture Canyon Springs Protec-
tion Program; 
(10) the judgments and decrees in the LCR ad-
judication and the Gila River adjudication have been 
approved by the LCR adjudication court and the 
Gila River adjudication court substantially in the 
form of the judgments and decrees attached to the 
settlement agreement as exhibits 3.1.70 and 3.1.49, 
respectively; 
(11) a law has been enacted by the State sub-
stantially in the form of a State implementing law 
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113 
attached to the settlement agreement as exhibit 
3.1.128 and the law remains effective; 
(12) the provisions of section 45–544 of the Ar-
izona Revised Statutes restricting the transporting 
of groundwater from the Little Colorado River Pla-
teau Groundwater Basin are in effect; 
(13) the Secretary has completed a record of 
decision approving construction of— 
(A) the Navajo Groundwater Projects in a 
configuration substantially similar to the con-
figuration described in section 103(a); and 
(B) the Hopi Groundwater Project, in a 
configuration substantially similar to the con-
figuration described in section 103(b); and 
(14) the Navajo Nation has moved for the dis-
missal with prejudice of the first, second, third, 
fourth, and fifth claims for relief contained in the 
complaint for declaratory and injunctive relief filed 
by the Navajo Nation on March 14, 2003, in the 
United States District Court for the District of Ari-
zona, as part of the case styled The Navajo Nation 
v. United States Department of the Interior (No. 
CV–03–0507–PCT–PGR), and has moved for the 
dismissal without prejudice of sixth claim for relief 
contained in the complaint, substantially in the form 
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the dismissal attached to the settlement agreement 
as exhibit 11.9. 
(b) FAILURE
OF
THE LITTLE COLORADO RIVER 
WAIVERS.— 
(1) IN GENERAL.—If the Secretary does not 
publish in the Federal Register a statement of find-
ings under subsection (a) by October 31, 2022, this 
Act is repealed and any amounts— 
(A) appropriated under section 104, to-
gether with any investment earnings on those 
amounts, less any amounts expended under 
subsections (a)(9), (b)(9), and (c)(1) of section 
103, shall revert immediately to the general 
fund of the Treasury; 
(B) transferred pursuant to subsections 
(a)(2)(B)(i) and (c)(2)(B)(i) of section 104 to 
the Navajo Groundwater Projects Account and 
the Hopi Groundwater Project Account from 
the Future Indian Water Settlement Sub-
account of the Lower Colorado River Basin De-
velopment Fund established pursuant to section 
403(f)(2)(D)(vi) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)(2)(D)(vi)), to-
gether with any investment earnings on those 
amounts, shall be returned immediately to the 
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115 
Future Indian Water Settlement Subaccount of 
the Lower Colorado River Basin Development 
Fund; 
(C) 
transferred 
pursuant 
to 
section 
104(a)(2)(B)(ii) to the Navajo Groundwater 
Projects Account from the Reclamation Water 
Settlements Fund established by section 10501 
of the Omnibus Public Land Management Act 
of 2009 (43 U.S.C. 407), together with any in-
vestment earnings on those amounts, shall be 
returned immediately to the Reclamation Water 
Settlements Fund; and 
(D) transferred pursuant to subsections 
(a)(2)(B)(iii) and (c)(2)(B)(ii) of section 104 to 
the Navajo Groundwater Projects Account and 
the Hopi Groundwater Project Account, to-
gether with any investment earnings on those 
amounts, shall be returned immediately to the 
State. 
(2) 
SEVERABILITY.—Notwithstanding 
para-
graph (1), if the Secretary does not publish in the 
Federal Register a statement of findings under sub-
section (a) by October 31, 2022, the designation 
under section 109(g) and the provisions of sections 
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116 
205(a)(1), 
205(a)(2)(B), 
205(a)(3), 
205(a)(4), 
205(a)(5), and 206 shall remain in effect. 
(c) RIGHT TO OFFSET.— 
(1) NAVAJO NATION.—If the Secretary has not 
published in the Federal Register the statement of 
findings under subsection (a) by October 31, 2022, 
the United States shall be entitled to offset any Fed-
eral amounts made available under subsections 
(a)(9) and (c)(1) of section 103 that were used or 
authorized for any use under those subsections 
against any claim asserted by the Navajo Nation 
against the United States described in section 
105(a)(2)(A). 
(2) HOPI TRIBE.—If the Secretary has not pub-
lished in the Federal Register the statement of find-
ing under subsection (a) by October 31, 2022, the 
United States shall be entitled to offset any Federal 
amounts made available under subsections (b)(9) 
and (c)(1) of section 103 that were used or author-
ized for any use under those subsections against any 
claim asserted by the Hopi Tribe against the United 
States described in section 105(b)(2)(A). 
SEC. 109. ADMINISTRATION. 
(a) SOVEREIGN IMMUNITY.—If any party to the set-
tlement agreement brings an action in any court of the 
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United States or any State court relating only and directly 
to the interpretation or enforcement of this Act or the set-
tlement agreement and names the United States, the Nav-
ajo Nation, or the Hopi Tribe as a party, or if any other 
landowner or water user in the Gila River or LCR basins 
in the State files a lawsuit relating only and directly to 
the interpretation or enforcement of paragraph 11.0 of the 
settlement agreement or section 105 of this Act, naming 
the United States, or the Navajo Nation or the Hopi Tribe 
as a party— 
(1) the United States, the Navajo Nation, or 
the Hopi Tribe may be joined in the action; and 
(2) any claim by the United States, the Navajo 
Nation, or the Hopi Tribe to sovereign immunity 
from the action is waived, but only for the limited 
and sole purpose of the interpretation or enforce-
ment of this Act or the settlement agreement. 
(b) NO QUANTIFICATION OR EFFECT ON RIGHTS OF 
OTHER INDIAN TRIBES OR THE UNITED STATES ON BE-
HALF OF OTHER INDIAN TRIBES.— 
(1) IN GENERAL.—Except as provided in para-
graph 7.2 of the settlement agreement or in para-
graph (2), nothing in this Act— 
(A) shall be construed to quantify or other-
wise affect the water rights, claims, or entitle-
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118 
ments to water of any Indian tribe, nation, 
band, or community, including the San Juan 
Southern Paiute Tribe, other than the Hopi 
Tribe and the Navajo Nation; or 
(B) shall affect the ability of the United 
States to take action on behalf of any Indian 
tribe, nation, band, or community, including the 
San Juan Southern Paiute Tribe, other than 
the Hopi Tribe, members of the Hopi Tribe, 
allottees of the Hopi Tribe, the Navajo Nation, 
members of the Navajo Nation, and allottees of 
the Navajo Nation. 
(c) ANTIDEFICIENCY.— 
(1) IN GENERAL.—The expenditure or advance 
of any money or the performance of any obligation 
by the United States, in any capacity, under this Act 
shall be contingent on the appropriation of funds. 
(2) LIABILITY.—The United States shall not be 
liable for the failure to carry out any obligation or 
activity authorized under this Act (including any ob-
ligation or activity under this Act) if Congress does 
not provide adequate appropriations expressly to 
carry out the purposes of this Act. 
(d) RECLAMATION REFORM ACT.—The Reclamation 
Reform Act of 1982 (43 U.S.C. 390aa et seq.) and any 
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119 
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. 
(e) DISMISSAL OF PENDING NAVAJO NATION COURT 
CASE.—Not later than 30 days after the date on which 
the settlement agreement is executed by the United 
States, the Navajo Nation shall execute and file a stipula-
tion and proposed order, substantially in the form at-
tached to the settlement agreement as exhibit 11.9 for— 
(1) the dismissal with prejudice of the first, sec-
ond, third, fourth, and fifth claims for relief con-
tained in the complaint for declaratory and injunc-
tive relief in the case styled Navajo Nation v. United 
States Department of the Interior, No. CV–03– 
0507–PCT–PGR (D. Ariz. March 14, 2003); and 
(2) the dismissal without prejudice of the sixth 
claim for relief contained in the complaint described 
in paragraph (1). 
(f) TOLLING OF STATUTES OF LIMITATIONS.—Any 
statute of limitations that may otherwise apply to, limit, 
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or bar the sixth claim for relief described in subsection 
(e)(2) shall be tolled as follows: 
(1) If a settlement of the claims by the Navajo 
Nation to Lower Colorado River water has been ap-
proved by an Act of Congress enacted on or before 
December 15, 2022, then any statute of limitations 
that may otherwise apply to, limit, or bar the sixth 
claim for relief shall be tolled until the Navajo Na-
tion waives the claims to Lower Colorado River 
water under the Act of Congress. 
(2) If a settlement of the claims of the Navajo 
Nation to Lower Colorado River water has not been 
approved by An act of Congress on or before Decem-
ber 15, 2022, then any statute of limitations that 
may otherwise apply to, limit, or bar the sixth claim 
for relief shall be tolled until December 15, 2022. 
(g) PETE SHUMWAY DAM & RESERVOIR.— 
(1) IN
GENERAL.—The facility known as 
Schoens Lake, Schoens Dam, and Schoens Res-
ervoir, located on Show Low Creek in Navajo Coun-
ty, Arizona shall be known and designated as the 
‘‘Pete Shumway Dam and Reservoir’’. 
(2) REFERENCES.—Any reference in a law, 
map, regulation, document, paper, or other record of 
the United States to the facility described in para-
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121 
graph (1) shall be deemed to be a reference to the 
‘‘Pete Shumway Dam and Reservoir’’. 
SEC. 110. ENVIRONMENTAL COMPLIANCE. 
(a) 
ENVIRONMENTAL
COMPLIANCE.—In 
imple-
menting the settlement agreement and this Act, the Sec-
retary shall comply with all applicable Federal environ-
mental laws and regulations, including the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.). 
(b) EXECUTION
OF
THE
SETTLEMENT
AGREE-
MENT.—Execution of the settlement agreement by the 
Secretary as provided in this Act shall not constitute a 
major Federal action under section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332). 
(c) LEAD AGENCY.—The Commissioner of the Bu-
reau of Reclamation shall be primarily responsible to en-
sure environmental compliance in carrying out this Act. 
(d) NO EFFECT ON ENFORCEMENT OF ENVIRON-
MENTAL LAWS.—Nothing in this Act precludes the United 
States, the Navajo Nation, or the Hopi Tribe, when dele-
gated regulatory authority, from enforcing Federal envi-
ronmental laws, including— 
(1) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
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122 
U.S.C. 9601 et seq.), including claims for damages 
for harm to natural resources; 
(2) the Safe Drinking Water Act (42 U.S.C. 
300f et seq.); 
(3) the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.); 
(4) the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.); or 
(5) any regulation implementing 1 or more of 
those Acts. 
TITLE II—CENTRAL ARIZONA 
PROJECT WATER 
SEC. 201. CONDITIONS FOR REALLOCATION OF CAP NIA 
PRIORITY WATER. 
(a) REALLOCATION.— 
(1) IN GENERAL.—The Secretary shall neither 
reallocate any CAP NIA priority water to the Nav-
ajo Nation under section 202(a) nor enter into a 
contract with the Navajo Nation for the delivery of 
that water under section 202(c) unless and until the 
Secretary has published in the Federal Register the 
statement of findings referred to in subsection (b) 
that all of the conditions described in paragraph (2) 
have been satisfied. 
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(2) CONDITIONS.—The conditions described in 
this paragraph are that— 
(A) the LCR enforceability date has oc-
curred; 
(B) the Navajo Nation and the Navajo 
project lessees, with the approval of the Sec-
retary, have executed an amendment to the 
Navajo Project Lease extending the term of the 
Navajo Project Lease through December 23, 
2044; 
(C) the Secretary, with the consent of the 
Navajo Nation, has issued or renewed to the 
Navajo project lessees, in a form acceptable to 
the Navajo project lessees, grants of Federal 
rights-of-way and easements pursuant to the 
first section of the Act of February 5, 1948 (25 
U.S.C. 323), for— 
(i) the land subject to the Navajo 
Project Lease and for the railroad-granted 
land, the terms of which shall extend 
through the term of the Navajo Project 
Lease, as amended; and 
(ii) the power transmission lines over 
and across land on the Navajo Reserva-
tion, the terms of which shall extend 
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124 
through the term of the Navajo Project 
Lease, as amended, described as— 
(I) the grant entitled ‘‘Grant of 
Easement or Right of Way from the 
Bureau of Indian Affairs, Window 
Rock, Arizona, Grantor’’, dated Feb-
ruary 1971, for the construction, op-
eration, 
maintenance, 
replacement, 
and removal of the Navajo Project 
Southern Transmission System, with 
Map 
Nos. 
INH–96, 
sheets 
1–4, 
B29036, dated May 28, 1970, marked 
as Exhibit B to that grant, and the 
complete centerline description shown 
on Exhibit A of that grant; 
(II) the grant entitled ‘‘Grant of 
Easement and Right-of-Way by the 
United States of America, Bureau of 
Indian Affairs, Department of the In-
terior, Window Rock, Arizona, Grant-
or’’, dated September 8, 1988, includ-
ing amendments to that grant, for the 
construction, operation, and mainte-
nance 
of 
the 
Navajo-McCullough 
Transmission Line, as shown on the 
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Map marked Exhibit B to that grant 
and more particularly described in the 
right-of-way description marked Ex-
hibit A to that grant; and 
(III) a right-of-way or permit for 
the Navajo Generating Station/West-
ern 
Area 
Power 
Administrative 
Intertie Transmission System, run-
ning from the Navajo Generating Sta-
tion switchyard approximately 200 
feet to the Western Area Power Ad-
ministration transmission line; 
(D) Peabody has leased coal in sufficient 
quantity and quality from the Navajo Nation, 
or the Navajo Nation and the Hopi Tribe, for 
the Navajo Generating Station to operate 
through the term of the Navajo Project Lease, 
as amended; 
(E) the surface coal mining permit, or a 
revision of that permit, has been issued by the 
Secretary, acting through the Office of Surface 
Mining, Reclamation and Enforcement, to Pea-
body authorizing the operation of the Kayenta 
mine and the mining of the quantities of coal 
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126 
referred to in subparagraph (D) through the 
term of the Navajo Project Lease, as amended; 
(F) Peabody and the Navajo project les-
sees have entered into a coal supply contract for 
the purchase of the quantities and quality of 
coal referred to in subparagraph (D) that ex-
tends through the term of the Navajo Project 
Lease, as amended; 
(G) the term of the contract for water 
service among the Navajo project lessees and 
the Bureau of Reclamation for the consumptive 
use at the Navajo Generating Station of up to 
34,100 afy of upper basin water has been ex-
tended through the term of the Navajo Project 
Lease, as amended; and 
(H) the Secretary, acting through the Di-
rector of the National Park Service, has re-
issued or extended the right-of-way permit No. 
RW GLCA–06–002, issued on August 30, 
2006, through the term of the Navajo Project 
Lease, as amended. 
(b) PUBLICATION OF STATEMENT OF FINDINGS.— 
Upon satisfaction of all of the conditions described in sub-
section (a)(2), the Secretary shall publish in the Federal 
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Register a statement of findings that each of the condi-
tions has been met. 
(c) TIMING OF REALLOCATION.—Upon publication in 
the Federal Register of the statement of findings referred 
to in subsection (b), the Secretary shall reallocate to the 
Navajo Nation the CAP NIA priority water in accordance 
with section 202(a) and enter into a contract with the 
Navajo Nation for the delivery of that water in accordance 
with section 202(c), through the Navajo-Gallup water sup-
ply project in accordance with this Act. 
(d) FAILURE TO PUBLISH NOTICE.—If the Secretary 
fails to publish a statement of findings in the Federal Reg-
ister under subsection (b) by October 31, 2022— 
(1) the authority provided under this section 
and section 202 shall terminate; and 
(2) this section and section 202, 203, 204, 
205(a)(2)(A), and 205(b) shall be of no further 
force or effect. 
SEC. 202. REALLOCATION OF CAP NIA PRIORITY WATER, 
FIRMING, WATER DELIVERY CONTRACT. 
(a) REALLOCATION TO THE NAVAJO NATION.— 
(1) IN GENERAL.—On the date on which the 
Secretary publishes in the Federal Register the 
statement of findings under section 201(b), the Sec-
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retary shall reallocate to the Navajo Nation the Nav-
ajo Nation CAP water. 
(2) AVAILABILITY AND USE.—The water reallo-
cated under paragraph (1) shall be available for di-
version and use from the San Juan River pursuant 
to and consistent with section 10603(b)(2)(D) of the 
Omnibus Public Land Management Act of 2009 
(Public Law 111–11; 123 Stat. 1383) (as amended 
by section 205). 
(b) FIRMING.— 
(1) NAVAJO NATION CAP WATER.—The Navajo 
Nation 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), the 
Secretary shall firm 50 percent of the Navajo 
Nation CAP water to the equivalent of CAP 
M&I priority water for the period of 100 years 
beginning on January 1, 2008. 
(B) 
In 
accordance 
with 
section 
105(b)(2)(B) of the Arizona Water Settlements 
Act (Public Law 108–451; 118 Stat. 3492), the 
State shall firm 50 percent of the Navajo Na-
tion CAP water to the equivalent of CAP M&I 
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priority water for the period of 100 years begin-
ning on January 1, 2008. 
(2) ADDITIONAL FIRMING.—The Navajo Nation 
may, at the expense of the Navajo Nation, take ad-
ditional actions to firm or supplement the Navajo 
Nation CAP water, including by entering into agree-
ments 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) NAVAJO
NATION
WATER
DELIVERY
CON-
TRACT.— 
(1) CONTRACT.— 
(A) IN
GENERAL.—The Secretary shall 
enter into the Navajo Nation water delivery 
contract, in accordance with the settlement 
agreement, which shall meet, at a minimum, 
the requirements described in subparagraph 
(B). 
(B) REQUIREMENTS.—The requirements 
described in this subparagraph are as follows: 
(i) AUTHORIZATION.—The contract 
entered into under subparagraph (A) shall 
be for permanent service (as that term is 
used in section 5 of the Boulder Canyon 
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130 
Project Act (43 U.S.C. 617d)), and shall 
be without limit as to term. 
(ii) NAVAJO NATION CAP WATER.— 
(I) IN
GENERAL.—The Navajo 
Nation CAP water may be delivered 
through the Navajo-Gallup water sup-
ply project for use in the State. 
(II) METHOD
OF
DELIVERY.— 
Subject to the physical availability of 
water from the San Juan River and to 
the rights of the Navajo Nation to use 
that water, deliveries under this 
clause shall be effected by the diver-
sion and use of water from the San 
Juan River pursuant to section 10603 
of the Omnibus Public Land Manage-
ment Act of 2009 (Public Law 111– 
11; 123 Stat. 1382) (as amended by 
section 205). 
(iii) CONTRACTUAL
DELIVERY.—The 
Secretary shall deliver the Navajo Nation 
CAP water to the Navajo Nation in ac-
cordance with the terms and conditions of 
the Navajo Nation water delivery contract. 
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131 
(iv) CURTAILMENT.—Except to the 
extent that the Navajo Nation CAP water 
is firmed by the United States and the 
State under subsection (b)(1) or is other-
wise firmed by the Navajo Nation, deliv-
eries of the Navajo Nation CAP water 
shall be subject to curtailment in that— 
(I) deliveries of the Navajo Na-
tion CAP water effected by the diver-
sion of water from the San Juan 
River shall be curtailed during short-
ages of CAP NIA priority water to 
the same extent as other CAP NIA 
priority water supplies; and 
(II) the extent of that curtail-
ment shall be determined in accord-
ance with clause (xvi). 
(v) LEASES AND EXCHANGES OF NAV-
AJO NATION CAP WATER.—On and after 
the date on which the Navajo Nation water 
delivery contract becomes effective, the 
Navajo Nation may, with the approval of 
the Secretary, enter into contracts to lease, 
options to lease, exchange, or options to 
exchange the Navajo Nation CAP water 
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132 
within Apache, Cochise, Coconino, Gila, 
Graham, Maricopa, Navajo, Pima, Pinal, 
Santa Cruz, and Yavapai Counties, Ari-
zona, providing for the temporary delivery 
to other persons of any portion of Navajo 
Nation CAP water. 
(vi) TERM
OF
LEASES
AND
EX-
CHANGES.— 
(I) LEASING.—Contracts to lease 
and options to lease under clause (v) 
shall be for a term not to exceed 100 
years. 
(II) EXCHANGING.—Contracts to 
exchange or options to exchange 
under clause (v) shall be for the term 
provided for in each such contract or 
option. 
(III) 
RENEGOTIATION.—The 
Navajo Nation may, with the approval 
of the Secretary, renegotiate any lease 
described in clause (v), at any time 
during the term of the lease, if the 
term of the renegotiated lease does 
not exceed 100 years. 
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133 
(vii) PROHIBITION
ON
PERMANENT 
ALIENATION.—No Navajo Nation CAP 
water may be permanently alienated. 
(viii) 
NO
FIRMING
OF
LEASED 
WATER.—The firming obligations described 
in subsection (b)(1) shall not apply to any 
Navajo Nation CAP water leased by the 
Navajo Nation to other persons. 
(ix) ENTITLEMENT
TO
LEASE
AND 
EXCHANGE FUNDS.— 
(I) IN GENERAL.—Only the Nav-
ajo Nation, and not the United States 
in any capacity, shall be entitled to all 
consideration due to the Navajo Na-
tion under any contracts to lease, op-
tions to lease, contracts to exchange, 
or options to exchange the Navajo Na-
tion CAP water entered into by the 
Navajo Nation. 
(II) OBLIGATIONS
OF
UNITED 
STATES.—The United States in any 
capacity shall have no trust or other 
obligation to monitor, administer, or 
account for, in any manner, any funds 
received by the Navajo Nation as con-
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135 
CAP water at underground storage 
facilities or groundwater savings fa-
cilities located within the CAP system 
service area, consisting of Pima, 
Pinal, and Maricopa Counties, in ac-
cordance with State law. 
(III) ASSIGNMENT.—The Navajo 
Nation may assign any long-term 
storage credits accrued as a result of 
storage under subclause (II) in ac-
cordance with State law. 
(xi) NO USE OUTSIDE ARIZONA.— 
(I) IN
GENERAL.—No Navajo 
Nation CAP water may be used, 
leased, exchanged, forborne, or other-
wise transferred by the Navajo Nation 
for use directly or indirectly outside of 
the State. 
(II) AGREEMENTS.—Nothing in 
this Act or the settlement agreement 
limits the right of the Navajo Nation 
to enter into any agreement with the 
Arizona Water Banking Authority, or 
any successor agency or entity, in ac-
cordance with State law. 
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136 
(xii) CAP FIXED OM&R CHARGES.— 
(I) IN GENERAL.—The CAP op-
erating agency shall be paid the CAP 
fixed OM&R charges associated with 
the delivery of all the Navajo Nation 
CAP water. 
(II) PAYMENT
OF
CHARGES.— 
Except as provided in clause (xiii), all 
CAP fixed OM&R charges associated 
with the delivery of the Navajo Nation 
CAP water to the Navajo Nation shall 
be paid by— 
(aa) the Secretary, pursuant 
to section 403(f)(2)(A) of the 
Colorado River Basin Project Act 
(43 U.S.C. 1543(f)(2)(A)), as 
long as funds for that payment 
are available in the Lower Colo-
rado River Basin Development 
Fund; and 
(bb) if those funds become 
unavailable, the Navajo Nation. 
(xiii) LESSEE
RESPONSIBILITY
FOR 
CHARGES.— 
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137 
(I) IN GENERAL.—Any lease or 
option to lease providing for the tem-
porary delivery to other persons of 
any Navajo Nation CAP water shall 
require the lessee to pay the CAP op-
erating 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 Navajo Na-
tion nor the United States in any ca-
pacity shall be responsible for the pay-
ment of any charges associated with 
the delivery of the Navajo Nation 
CAP water leased to other persons. 
(xiv) ADVANCE PAYMENT.—No Nav-
ajo Nation CAP water shall be delivered 
unless the CAP fixed OM&R charges and 
the CAP pumping energy charges associ-
ated with the delivery of that water have 
been paid in advance. 
(xv) CALCULATION.—The charges for 
delivery of the Navajo Nation CAP water 
pursuant to the Navajo Nation water deliv-
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138 
ery contract shall be calculated in accord-
ance with the CAP repayment stipulation. 
(xvi) SHORTAGES OF NAVAJO NATION 
CAP WATER.—If, for any year, the avail-
able CAP supply is insufficient to meet all 
demands under CAP contracts for the de-
livery of CAP NIA priority water, the Sec-
retary and the CAP operating agency shall 
prorate the available CAP NIA priority 
water among the CAP contractors holding 
contractual entitlements to CAP NIA pri-
ority water on the basis of the quantity of 
CAP NIA priority water used by each such 
CAP contractor in the last year for which 
the available CAP supply was sufficient to 
fill all orders for CAP NIA priority water. 
(xvii) CAP REPAYMENT.—For purpose 
of determining the allocation and repay-
ment of costs of any stages of the CAP 
constructed after November 21, 2007, the 
costs associated with the delivery of the 
Navajo Nation CAP water, regardless of 
whether the Navajo Nation CAP water is 
delivered for use by the Navajo Nation or 
in accordance with any lease, option to 
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139 
lease, exchange, or option to exchange pro-
viding for the delivery to other persons of 
the Navajo Nation CAP water, shall be— 
(I) nonreimbursable; and 
(II) excluded from the repayment 
obligation of the Central Arizona 
Water Conservation District. 
(xviii) NONREIMBURSABLE CAP CON-
STRUCTION COSTS.— 
(I) IN
GENERAL.—With respect 
to the costs associated with the con-
struction of the CAP system allocable 
to the Navajo Nation— 
(aa) the costs shall be non-
reimbursable; and 
(bb) the Navajo Nation shall 
have no repayment obligation for 
the costs. 
(II) 
CAPITAL
CHARGES.—No 
CAP water service capital charges 
shall be due or payable for the Navajo 
Nation CAP water, regardless of 
whether the water is delivered for use 
by the Navajo Nation or is delivered 
under any lease, option to lease, ex-
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140 
change, or option to exchange the 
Navajo Nation CAP water entered 
into by the Navajo Nation. 
SEC. 203. COLORADO RIVER ACCOUNTING. 
(a) ACCOUNTING FOR THE TYPE OF WATER DELIV-
ERED.—All deliveries of the Navajo Nation CAP water ef-
fected by the diversion of water from the San Juan River 
shall be accounted for as deliveries of CAP water. 
(b) ACCOUNTING FOR AS LOWER BASIN USE IN ARI-
ZONA REGARDLESS OF PLACE OF USE OR POINT OF DI-
VERSION.—All Navajo Nation CAP water delivered to and 
consumptively used by the Navajo Nation or lessees of the 
Navajo Nation pursuant to the settlement agreement and 
this Act shall be— 
(1) accounted for as if the use had occurred in 
the lower basin, regardless of the point of diversion 
or place of use; 
(2) credited as water reaching Lee Ferry pursu-
ant to articles III(c) and III(d) of the Colorado 
River Compact; 
(3) charged against the consumptive use appor-
tionment made to the lower basin by article III(a) 
of the Colorado River Compact; and 
(4) accounted for as part of and charged 
against the 2,800,000 afy of Colorado River water 
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141 
apportioned to Arizona in article II(B)(1) of the de-
cree. 
(c) LIMITATIONS.— 
(1) IN GENERAL.—Notwithstanding subsections 
(a) and (b) and subject to paragraphs (2) and (3), 
no water diverted by the Navajo-Gallup water supply 
project shall be accounted for as provided in sub-
sections (a) and (b) until such time as the Secretary 
has developed and, as necessary, modified, in con-
sultation with the Upper Colorado River Commission 
and the representatives of Governors on Colorado 
River Operations from each of the respective State 
signatories to the Colorado River Compact, all oper-
ational and decisional criteria, policies, contracts, 
guidelines, or other documents that control the oper-
ations of the Colorado River system reservoirs and 
diversion works, so as to adjust, account for, and 
offset the diversion of water apportioned to the 
State, pursuant to the Boulder Canyon Project Act 
(43 U.S.C. 617 et seq.), from a point of diversion 
on the San Juan River in New Mexico. 
(2) MODIFICATIONS.—All modifications under 
paragraph (1) shall be— 
(A) consistent with section 10603(c)(2)(A) 
of the Omnibus Public Land Management Act 
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142 
of 2009 (Public Law 111–11; 123 Stat. 1384) 
and this Act; and 
(B) applicable only for the duration of any 
diversion described in paragraph (1) pursuant 
to section 10603(c)(2)(B) of the Omnibus Pub-
lic Land Management Act of 2009 (Public Law 
111–11; 123 Stat. 1384) and this Act. 
(3) ADMINISTRATION.—Article II(B) of the de-
cree shall be administered so that diversions from 
the mainstream of the Colorado River for the Cen-
tral Arizona Project, as served under existing con-
tracts with the United States by diversion works 
constructed before the date of enactment of this Act, 
shall be limited and reduced to offset any diversions 
of 
CAP 
water 
made 
pursuant 
to 
section 
10603(c)(2)(B) of the Omnibus Public Land Man-
agement Act of 2009 (Public Law 111–11; 123 Stat. 
1384) and this Act. 
(4) EFFECT OF SUBSECTION.—This subsection 
shall not— 
(A) affect, in any manner, the quantity of 
water apportioned to the State pursuant to the 
Boulder Canyon Project Act (43 U.S.C. 617 et 
seq.) and the decree; or 
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143 
(B) amend any provision of the decree or 
the Colorado River Basin Project Act (43 
U.S.C. 1501 et seq.). 
SEC. 204. NO MODIFICATION OF EXISTING LAWS. 
(a) NO MODIFICATION OR PREEMPTION OF OTHER 
LAWS.—Unless expressly provided in this Act, nothing in 
this Act modifies, conflicts with, preempts, or otherwise 
affects— 
(1) the Boulder Canyon Project Act (43 U.S.C. 
617 et seq.); 
(2) the Boulder Canyon Project Adjustment Act 
(43 U.S.C. 618 et seq.); 
(3) the Act of April 11, 1956 (commonly known 
as the ‘‘Colorado River Storage Project Act’’) (43 
U.S.C. 620 et seq.); 
(4) the Colorado River Basin Project Act (43 
U.S.C. 1501 et seq.); 
(5) 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 on February 3, 1944 
(59 Stat. 1219); 
(6) the Colorado River Compact; 
(7) the Upper Colorado River Basin Compact; 
or 
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144 
(8) the Omnibus Public Land Management Act 
of 2009 (Public Law 111–11; 123 Stat. 991). 
(b) NO PRECEDENT.—Nothing in this Act— 
(1) authorizes or establishes a precedent for 
any type of transfer of Colorado River system water 
between the upper basin and the lower basin; or 
(2) expands the authority of the Secretary in 
the upper basin. 
(c) PRESERVATION OF EXISTING RIGHTS.— 
(1) IN GENERAL.—Rights to the consumptive 
use of water available to the upper basin from the 
Colorado River system under the Colorado River 
Compact and the Upper Colorado River Basin Com-
pact shall not be reduced or prejudiced by any use 
of water pursuant to section 10603(c) of the Omni-
bus Public Land Management Act of 2009 (Public 
Law 111–11; 123 Stat. 1384) or this Act. 
(2) NO EFFECT ON DUTIES AND POWERS.— 
Nothing in this Act impairs, conflicts with, or other-
wise changes the duties and powers of the Upper 
Colorado River Commission. 
(d) UNIQUE SITUATION.—Diversions through the 
Navajo-Gallup water supply project consistent with this 
Act address critical tribal and non-Indian water supply 
needs under unique circumstances, including— 
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145 
(1) the intent to benefit Indian tribes in the 
United States; 
(2) the location of the Navajo Nation in both 
the upper basin and the lower basin; 
(3) the intent to address critical Indian and 
non-Indian water needs in the State; and 
(4) the lack of other reasonable options avail-
able for developing a firm, sustainable supply of mu-
nicipal water for the Navajo Nation in the State. 
(e) EFFICIENT USE.—The diversions and uses au-
thorized for the Navajo-Gallup water supply project under 
this Act represent unique and efficient uses of Colorado 
River apportionments in a manner that Congress has de-
termined would be consistent with the obligations of the 
United States to the Navajo Nation. 
SEC. 205. AMENDMENTS. 
(a) AMENDMENTS TO THE OMNIBUS PUBLIC LAND 
MANAGEMENT ACT OF 2009.— 
(1) DEFINITIONS.—Section 10302 of the Omni-
bus Public Land Management Act of 2009 (43 
U.S.C. 407 note; Public Law 111–11) is amended— 
(A) 
in 
paragraph 
(2), 
by 
striking 
‘‘Arrellano’’ and inserting ‘‘Arellano’’; and 
(B) in paragraph (27), by striking ‘‘75– 
185’’ and inserting ‘‘75–184’’. 
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146 
(2) DELIVERY
AND
USE
OF
NAVAJO-GALLUP 
WATER SUPPLY PROJECT WATER.—Section 10603(c) 
of the Omnibus Public Land Management Act of 
2009 (Public Law 111–11; 123 Stat. 1384) is 
amended— 
(A) in paragraph (1)(A), by striking 
‘‘Lower Basin and’’ and inserting ‘‘Lower 
Basin or’’; and 
(B) in paragraph (2)(A)— 
(i) in clause (i), by striking ‘‘Article 
III(c)’’ and inserting ‘‘Articles III(c)’’; and 
(ii) in clause (ii)(II), by striking ‘‘Ar-
ticle III(c)’’ and inserting ‘‘Articles III(c)’’. 
(3) PROJECT CONTRACTS.—Section 10604(f)(1) 
of the Omnibus Public Land Management Act of 
2009 (Public Law 111–11; 123 Stat. 1391) is 
amended by inserting ‘‘Project’’ before ‘‘water.’’ 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
Section 10609 of the Omnibus Public Land Manage-
ment Act of 2009 (Public Law 111–11; 123 Stat. 
1395) is amended— 
(A) in paragraphs (1) and (2) of sub-
section (b), by striking ‘‘construction or reha-
bilitation’’ each place it appears and inserting 
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147 
‘‘planning, 
design, 
construction, 
rehabilita-
tion,’’; 
(B) in subsection (e)(1), by striking ‘‘2 
percent’’ and inserting ‘‘4 percent’’; and 
(C) in subsection (f)(1), by striking ‘‘4 
percent’’ and inserting ‘‘2 percent’’. 
(5) AGREEMENT.—Section 10701(e) of the Om-
nibus Public Land Management Act of 2009 (Public 
Law 111–11; 123 Stat. 1400) is amended in para-
graphs (2)(A), (2)(B), and (3)(A) by striking ‘‘and 
Contract’’ each place it appears. 
(b) AMENDMENTS TO THE ARIZONA WATER SETTLE-
MENTS ACT OF 2004.—Section 104(a)(1)(B)(ii) of the Ar-
izona Water Settlements Act of 2004 (Public Law 108– 
451; 118 Stat. 3487) is amended in the first sentence by 
striking ‘‘claims to water in Arizona’’ and inserting 
‘‘claims to the Little Colorado River in Arizona.’’ 
(c) EFFECTIVE DATES.—The amendments made by 
subsections (a)(2)(A) and (b) take effect on the date of 
publication in the Federal Register of the statement of 
findings described in section 201(b). 
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148 
SEC. 206. RETENTION OF LOWER COLORADO RIVER WATER 
FOR FUTURE LOWER COLORADO RIVER SET-
TLEMENT. 
(a) RETENTION OF CAP NIA PRIORITY WATER.— 
Notwithstanding section 104(a)(1)(B)(i) of the Arizona 
Water Settlements Act (Public Law 108–451; 118 Stat. 
3487), the Secretary shall retain until January 1, 2031— 
(1) 22,589 afy of the CAP NIA priority water 
referred to in section 104(a)(1)(A)(iii) of that Act 
(Public Law 108–451; 118 Stat. 3487) for use in a 
future settlement of the claims of the Navajo Nation 
to Lower Colorado River water; and 
(2) 1,000 afy of the CAP NIA priority water 
referred to in section 104(a)(1)(A)(iii) of that Act 
(Public Law 108–451; 118 Stat. 3487) for use in a 
future settlement of the claims of the Hopi Tribe to 
Lower Colorado River water. 
(b) RETENTION OF FOURTH PRIORITY MAINSTREAM 
COLORADO RIVER WATER.—The Secretary shall retain— 
(1) 2,000 afy of the 3,500 afy of uncontracted 
Arizona fourth priority Colorado River water re-
ferred to in section 11.3 of the Arizona Water Set-
tlement Agreement, among the Director of the Ari-
zona Department of Water Resources, the Central 
Arizona Water Conservation District, and the Sec-
retary, dated August 16, 2004, for use in a future 
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149 
settlement of the claims of the Navajo Nation to 
Lower Colorado River water; and 
(2) 1,500 afy of the 3,500 afy of uncontracted 
Arizona fourth priority Colorado River water re-
ferred to in subparagraph 11.3 of the Arizona Water 
Settlement Agreement, among the Director of the 
Arizona Department of Water Resources, the Cen-
tral Arizona Water Conservation District, and the 
Secretary, dated August 16, 2004, for use in a fu-
ture settlement of the claims of the Hopi Tribe to 
Lower Colorado River water. 
(c) CONDITIONS.— 
(1) NAVAJO NATION.—If Congress does not ap-
prove a settlement of the claims of the Navajo Na-
tion to Lower Colorado River water by January 1, 
2031, the 22,589 afy of CAP NIA priority water re-
ferred to in subsection (a)(1) shall be available to 
the Secretary under section 104(a)(1)(B)(i) of the 
Arizona Water Settlements Act (Public Law 108– 
451; 118 Stat. 3487). 
(2) HOPI TRIBE.—If Congress does not approve 
a settlement of the claims of the Hopi Tribe to 
Lower Colorado River water by January 1, 2031, 
the 1,000 afy of CAP NIA priority water referred to 
in subsection (a)(2) shall be available to the Sec-
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150 
retary under section 104(a)(1)(B)(i) of the Arizona 
Water Settlements Act (Public Law 108–451; 118 
Stat. 3487). 
(3) WATER RETAINED FOR THE NAVAJO NA-
TION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the fourth priority Colorado 
River water retained for the Navajo Nation 
under subsection (b)(1) shall not be allocated, 
nor shall any contract be issued under the 
Boulder Canyon Project Act (42 U.S.C. 617 et 
seq.) for the use of the water, until a final In-
dian water rights settlement for the Navajo Na-
tion has been approved by Congress, resolving 
the claims of the Navajo Nation to Lower Colo-
rado River water within the State. 
(B) ADJUDICATION
OF
NAVAJO
NATION 
CLAIMS.— 
(i) IN GENERAL.—Except as provided 
in paragraph (1) and subparagraph (C), if 
the claims of the Navajo Nation to Lower 
Colorado River water are fully and finally 
adjudicated through litigation without a 
settlement of those claims, the 22,589 afy 
of CAP NIA priority water referred to in 
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151 
subsection (a)(1) and the 2,000 afy of 
fourth priority Colorado River water re-
ferred to in subsection (b)(1)— 
(I) shall no longer be retained as 
provided in those subsections; but 
(II) shall be used to satisfy, in 
whole or in part, any rights of the 
Navajo Nation to Lower Colorado 
River water determined through that 
litigation. 
(ii) MANNER
AND
EXTENT
OF
DIS-
TRIBUTION.— 
(I) 
IN
GENERAL.—Notwith-
standing the last sentence of section 
104(a)(1)(B)(i) of the Arizona Water 
Settlements Act (Public Law 108– 
451; 118 Stat. 3487), the manner and 
extent to which the water described in 
clause (i) shall be used to satisfy any 
rights of the Navajo Nation shall be 
determined by the court in the litiga-
tion. 
(II) 
CAP 
NIA
PRIORITY 
WATER.—To the extent that any of 
the CAP NIA priority water is not 
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152 
needed to satisfy any rights of the 
Navajo Nation described in clause (i), 
the water shall be available to the 
Secretary 
under 
section 
104(a)(1)(B)(i) of the Arizona Water 
Settlements Act (Public Law 108– 
451; 118 Stat. 3487). 
(III) FOURTH
PRIORITY
COLO-
RADO RIVER WATER.—To the extent 
that any of the fourth priority Colo-
rado River water is not needed to sat-
isfy any rights of the Navajo Nation 
described in clause (i), the water shall 
be retained by the Secretary for uses 
relating to Indian water right settle-
ments in the State. 
(C) TERMINATION OF RETENTION OF CAP 
WATER.— 
(i) IN GENERAL.—If the Navajo Na-
tion files an action against the United 
States regarding the claims of the Navajo 
Nation to Lower Colorado River water or 
the operation of the Lower Colorado River 
after the Navajo Nation dismisses the 
court case described in section 109(e) and 
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153 
before January 1, 2031, the Secretary 
may, prior to any judicial determination of 
the claims asserted in the action, terminate 
the retention of the 22,589 afy of CAP 
NIA priority water described in subsection 
(a)(1). 
(ii) REQUIREMENTS FOLLOWING TER-
MINATION.—If the Secretary terminates 
the retention of the 22,589 afy of CAP 
NIA priority water under this subsection, 
the Secretary shall— 
(I) promptly give written notice 
of that action to the Navajo Nation 
and the Arizona Department of Water 
Resources; and 
(II) use the 22,589 afy of CAP 
NIA priority water as provided in sec-
tion 104(a)(1)(B)(i) of the Arizona 
Water Settlements Act (Public Law 
108–451; 118 Stat. 3487). 
(4) WATER RETAINED FOR HOPI TRIBE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the fourth priority Colorado 
River water retained for the Hopi Tribe under 
subsection (b)(2) shall not be allocated, nor 
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