181 
Tribe water rights settlement agreement as Exhibit 
4.3.3. 
(10) CAP
CONTRACT.—The term ‘‘CAP con-
tract’’ means a long-term contract (as defined in the 
CAP repayment stipulation) with the United States 
for delivery of CAP water through the CAP system. 
(11) CAP CONTRACTOR.—The term ‘‘CAP con-
tractor’’— 
(A) means a person that has entered into 
a CAP contract; and 
(B) includes the Hualapai Tribe. 
(12) CAP
FIXED
OM&R
CHARGE.—The term 
‘‘CAP fixed OM&R charge’’ has the meaning given 
the term ‘‘Fixed OM&R Charge’’ in the CAP repay-
ment stipulation. 
(13) CAP
M&I
PRIORITY
WATER.—The term 
‘‘CAP M&I priority water’’ means water within the 
available CAP supply having a municipal and indus-
trial delivery priority. 
(14) CAP
NIA
PRIORITY
WATER.—The term 
‘‘CAP NIA priority water’’ means water within the 
available CAP supply having a non-Indian agricul-
tural delivery priority. 
(15) CAP
OPERATING
AGENCY.—The term 
‘‘CAP operating agency’’ means—
182 
(A) the 1 or more entities authorized to as-
sume responsibility for the care, operation, 
maintenance, and replacement of the CAP sys-
tem; and 
(B) as of the date of the enactment of this 
title, the Central Arizona Water Conservation 
District. 
(16) CAP
PUMPING
ENERGY
CHARGE.—The 
term ‘‘CAP pumping energy charge’’ has the mean-
ing given the term ‘‘Pumping Energy Charge’’ in the 
CAP repayment stipulation. 
(17) CAP REPAYMENT CONTRACT.—The term 
‘‘CAP repayment contract’’ means— 
(A) the contract dated December 1, 1988 
(Contract No. 14–06–W–245, Amendment No. 
1), between the United States and the Central 
Arizona Water Conservation District for the 
Delivery of Water and Repayment of Costs of 
the Central Arizona Project; and 
(B) any amendment to, or revision of, that 
contract. 
(18) 
CAP
REPAYMENT
STIPULATION.—The 
term ‘‘CAP repayment stipulation’’ means the Stipu-
lated Judgment and the Stipulation for Judgment, 
including any exhibits to those documents, entered
183 
on November 21, 2007, in the United States District 
Court for the District of Arizona in the consolidated 
civil action Central Arizona Water Conservation Dis-
trict v. United States, numbered CIV 95–625–TUC– 
WDB (EHC) and CIV 95–1720–PHX–EHC. 
(19) CAP SUBCONTRACT.—The term ‘‘CAP sub-
contract’’ means a long-term subcontract (as defined 
in the CAP repayment stipulation) with the United 
States and the Central Arizona Water Conservation 
District for the delivery of CAP water through the 
CAP system. 
(20) CAP SUBCONTRACTOR.—The term ‘‘CAP 
subcontractor’’ means a person that has entered into 
a CAP subcontract. 
(21) CAP SYSTEM.—The term ‘‘CAP system’’ 
means— 
(A) the Mark Wilmer Pumping Plant; 
(B) the Hayden-Rhodes Aqueduct; 
(C) the Fannin-McFarland Aqueduct; 
(D) the Tucson Aqueduct; 
(E) any pumping plant or appurtenant 
work of a feature described in subparagraph 
(A), (B), (C), or (D); and
184 
(F) any extension of, addition to, or re-
placement for a feature described in subpara-
graph (A), (B), (C), (D), or (E). 
(22) CAP WATER.—The term ‘‘CAP water’’ has 
the meaning given the term ‘‘Project Water’’ in the 
CAP repayment stipulation. 
(23) CENTRAL ARIZONA PROJECT.—The term 
‘‘Central Arizona Project’’ means the reclamation 
project authorized and constructed by the United 
States in accordance with title III of the Colorado 
River Basin Project Act (43 U.S.C. 1521 et seq.). 
(24) CENTRAL ARIZONA WATER CONSERVATION 
DISTRICT.—The term ‘‘Central Arizona Water Con-
servation District’’ means the political subdivision of 
the State that is the contractor under the CAP re-
payment contract. 
(25) COLORADO
RIVER
COMPACT.—The term 
‘‘Colorado River Compact’’ means the Colorado 
River Compact of 1922, as ratified and reprinted in 
article 2 of chapter 7 of title 45, Arizona Revised 
Statutes. 
(26) 
COLORADO
RIVER
WATER
ENTITLE-
MENT.—The term ‘‘Colorado River water entitle-
ment’’ means the right or authorization to use Colo-
rado River water in the State through a mainstem
185 
contract with the Secretary pursuant to section 5 of 
the Boulder Canyon Project Act (43 U.S.C. 617d). 
(27) DIVERSION.—The term ‘‘diversion’’ means 
an act to divert. 
(28) DIVERT.—The term ‘‘divert’’ means to re-
ceive, withdraw, develop, produce, or capture water 
using— 
(A) a ditch, canal, flume, bypass, pipeline, 
pit, collection or infiltration gallery, conduit, 
well, pump, turnout, dam, or any other mechan-
ical device; or 
(B) any other act of man. 
(29) DOMESTIC PURPOSE.— 
(A) IN
GENERAL.—The term ‘‘domestic 
purpose’’ means any use relating to the supply, 
service, or activity of a household or private res-
idence. 
(B) INCLUSIONS.—The term ‘‘domestic 
purpose’’ includes the application of water to 
not more than 2 acres of land to produce a 
plant or parts of a plant for— 
(i) sale or human consumption; or 
(ii) use as feed for livestock, range 
livestock, or poultry.
186 
(30) EFFLUENT.—The term ‘‘effluent’’ means 
water that— 
(A) has been used in the State for domes-
tic, municipal, or industrial purposes, other 
than solely for hydropower generation; and 
(B) is available for reuse for any purpose, 
regardless or whether the water has been treat-
ed to improve the quality of the water. 
(31) ENFORCEABILITY DATE.—The term ‘‘En-
forceability Date’’ means the date described in sec-
tion 514(a). 
(32) EXCHANGE.—The term ‘‘exchange’’ means 
a trade between 1 or more persons of any water for 
any other water, if each person has a right or claim 
to use the water the person provides in the trade, re-
gardless of whether the water is traded in equal 
quantities or other consideration is included in the 
trade. 
(33) FOURTH
PRIORITY
WATER.—The term 
‘‘fourth priority water’’ means Colorado River water 
that is available for delivery in the State for the sat-
isfaction of entitlements— 
(A) in accordance with contracts, Secre-
tarial reservations, perfected rights, and other 
arrangements between the United States and
187 
water users in the State entered into or estab-
lished after September 30, 1968, for use on 
Federal, State, or privately owned land in the 
State, in a total quantity of not greater than 
164,652 AFY of diversions; and 
(B) after first providing for the delivery of 
Colorado River water for the CAP system, in-
cluding for use on Indian land, under section 
304(e) of the Colorado River Basin Project Act 
(43 U.S.C. 1524(e)), in accordance with the 
CAP repayment contract. 
(34) FREEPORT.—The term ‘‘Freeport’’— 
(A) 
means 
the 
Delaware 
corporation 
named ‘‘Freeport Minerals Corporation’’; and 
(B) includes all subsidiaries, affiliates, suc-
cessors, and assigns of Freeport Minerals Cor-
poration, including Byner Cattle Company, a 
Nevada corporation. 
(35) GILA
RIVER
ADJUDICATION.—The term 
‘‘Gila River adjudication’’ means the action pending 
in the Superior Court of the State, in and for the 
County of Maricopa, In Re the General Adjudication 
of All Rights To Use Water In The Gila River Sys-
tem and Source, W–1 (Salt), W–2 (Verde), W–3 
(Upper Gila), W–4 (San Pedro) (Consolidated).
188 
(36) GILA RIVER ADJUDICATION COURT.—The 
term ‘‘Gila River adjudication court’’ means the Su-
perior Court of the State, in and for the County of 
Maricopa, exercising jurisdiction over the Gila River 
adjudication. 
(37) GILA RIVER ADJUDICATION DECREE.—The 
term ‘‘Gila River adjudication decree’’ means the 
judgment or decree entered by the Gila River adju-
dication court in substantially the same form as the 
form of judgment attached to the Hualapai Tribe 
water rights settlement agreement as Exhibit 3.1.43. 
(38) 
GROUNDWATER.—The 
term 
‘‘ground-
water’’ means all water beneath the surface of the 
Earth within the State that is not— 
(A) surface water; 
(B) effluent; or 
(C) Colorado River water. 
(39) 
HUALAPAI
FEE
LAND.—The 
term 
‘‘Hualapai fee land’’ means land, other than 
Hualapai trust land, that— 
(A) is located in the State; 
(B) is located outside the exterior bound-
aries of the Hualapai Reservation or Hualapai 
trust land; and
189 
(C) as of the Enforceability Date, is owned 
by the Hualapai Tribe, including by a tribally 
owned corporation. 
(40) HUALAPAI
LAND.—The term ‘‘Hualapai 
land’’ means— 
(A) the Hualapai Reservation; 
(B) Hualapai trust land; and 
(C) Hualapai fee land. 
(41) 
HUALAPAI
RESERVATION.—The 
term 
‘‘Hualapai Reservation’’ means the land within the 
exterior boundaries of the Hualapai Reservation, in-
cluding— 
(A) all land withdrawn by the Executive 
order dated January 4, 1883, as modified by 
the May 28, 1942, order of the Secretary pur-
suant to the Act of February 20, 1925 (43 
Stat. 954, chapter 273); 
(B) the land identified by the Executive or-
ders dated December 22, 1898, May 14, 1900, 
and June 2, 1911; and 
(C) the land added to the Hualapai Res-
ervation by sections 511 and 512. 
(42) HUALAPAI TRIBE.—The term ‘‘Hualapai 
Tribe’’ means the Hualapai Tribe, a federally recog-
nized Indian Tribe of Hualapai Indians organized
190 
under section 16 of the Act of June 18, 1934 (25 
U.S.C. 5123; commonly known as the ‘‘Indian Reor-
ganization Act’’). 
(43) HUALAPAI TRIBE CAP WATER.—The term 
‘‘Hualapai Tribe CAP water’’ means the 4,000 AFY 
of the CAP NIA priority water that— 
(A) was previously allocated to non-Indian 
agricultural entities; 
(B) was retained by the Secretary for re-
allocation to Indian Tribes in the State pursu-
ant to section 104(a)(1)(A)(iii) of the Central 
Arizona Project Settlement Act of 2004 (Public 
Law 108–451; 118 Stat. 3487); and 
(C) is reallocated to the Hualapai Tribe 
pursuant to section 513. 
(44) HUALAPAI TRIBE WATER DELIVERY CON-
TRACT.—The term ‘‘Hualapai Tribe water delivery 
contract’’ means the contract entered into in accord-
ance with the Hualapai Tribe water rights settle-
ment agreement and section 513(c) for the delivery 
of Hualapai Tribe CAP water. 
(45) HUALAPAI TRIBE WATER RIGHTS SETTLE-
MENT AGREEMENT.— 
(A) IN
GENERAL.—The term ‘‘Hualapai 
Tribe water rights settlement agreement’’
191 
means the agreement, including exhibits, enti-
tled ‘‘Hualapai Tribe Water Rights Settlement 
Agreement’’ and dated February 11, 2019. 
(B) INCLUSIONS.—The term ‘‘Hualapai 
Tribe water rights settlement agreement’’ in-
cludes— 
(i) any amendments necessary to 
make the Hualapai Tribe water rights set-
tlement agreement consistent with this 
title; and 
(ii) any other amendments approved 
by the parties to the Hualapai Tribe water 
rights settlement agreement and the Sec-
retary. 
(46) HUALAPAI
TRUST
LAND.—The term 
‘‘Hualapai trust land’’ means land, other than 
Hualapai fee land, that is— 
(A) located— 
(i) in the State; and 
(ii) outside the exterior boundaries of 
the Hualapai Reservation; and 
(B) as of the Enforceability Date, held in 
trust by the United States for the benefit of the 
Hualapai Tribe.
192 
(47) HUALAPAI
WATER
PROJECT.—The term 
‘‘Hualapai Water Project’’ means the project con-
structed in accordance with section 506(a)(7)(A). 
(48) HUALAPAI
WATER
TRUST
FUND
AC-
COUNT.—The term ‘‘Hualapai Water Trust Fund 
Account’’ means the account established under sec-
tion 506(a)(1). 
(49) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(50) INJURY TO WATER RIGHTS.— 
(A) IN
GENERAL.—The term ‘‘injury to 
water rights’’ means any interference with, dim-
inution of, or deprivation of, a water right 
under Federal, State, or other law. 
(B) EXCLUSION.—The term ‘‘injury to 
water rights’’ does not include any injury to 
water quality. 
(51) LOWER BASIN.—The term ‘‘lower basin’’ 
has the meaning given the term in article II(g) of 
the Colorado River Compact. 
(52) LOWER COLORADO RIVER BASIN DEVELOP-
MENT
FUND.—The term ‘‘Lower Colorado River 
Basin Development Fund’’ means the fund estab-
193 
lished by section 403(a) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(a)). 
(53) MEMBER.—The term ‘‘member’’ means 
any person duly enrolled as a member of the 
Hualapai Tribe. 
(54) OM&R.—The term ‘‘OM&R’’ means— 
(A) any recurring or ongoing activity relat-
ing to the day-to-day operation of a project; 
(B) any activity relating to scheduled or 
unscheduled maintenance of a project; and 
(C) any activity relating to replacing a fea-
ture of a project. 
(55) PARCEL 1.—The term ‘‘Parcel 1’’ means 
the parcel of land that is— 
(A) depicted as 3 contiguous allotments 
identified as 1A, 1B, and 1C on the map at-
tached to the Hualapai Tribe water rights set-
tlement agreement as Exhibit 3.1.6; and 
(B) held in trust for certain allottees. 
(56) PARCEL 2.—The term ‘‘Parcel 2’’ means 
the parcel of land that is— 
(A) depicted as ‘‘Parcel 2’’ on the map at-
tached to the Hualapai Tribe water rights set-
tlement agreement as Exhibit 3.1.6; and 
(B) held in trust for certain allottees.
194 
(57) PARCEL 3.—The term ‘‘Parcel 3’’ means 
the parcel of land that is— 
(A) depicted as ‘‘Parcel 3’’ on the map at-
tached to the Hualapai Tribe water rights set-
tlement agreement as Exhibit 3.1.6; 
(B) held in trust for the Hualapai Tribe; 
and 
(C) part of the Hualapai Reservation pur-
suant to Executive Order 1368, dated June 2, 
1911. 
(58) PARTY.—The term ‘‘party’’ means a per-
son that is a signatory to the Hualapai Tribe water 
rights settlement agreement. 
(59) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(60) STATE.—The term ‘‘State’’ means the 
State of Arizona. 
(61) STOCK WATERING.—The term ‘‘stock wa-
tering’’ means the watering of livestock, range live-
stock, or poultry. 
(62) SURFACE
WATER.—The term ‘‘surface 
water’’ means all water in the State that is appro-
priable under State law. 
(63) TRUXTON
BASIN.—The term ‘‘Truxton 
Basin’’ means the groundwater aquifer described in
195 
the report issued by the United States Geological 
Survey entitled ‘‘Groundwater Availability in the 
Truxton Basin, Northwestern Arizona’’, Scientific 
Investigations Report No. 2020–5017–A. 
(64) WATER.—The term ‘‘water’’, when used 
without a modifying adjective, means— 
(A) groundwater; 
(B) surface water; 
(C) effluent; and 
(D) Colorado River water. 
(65) WATER RIGHT.—The term ‘‘water right’’ 
means any right in or to groundwater, surface 
water, effluent, or Colorado River water under Fed-
eral, State, or other law. 
SEC. 504. RATIFICATION AND EXECUTION OF HUALAPAI 
TRIBE WATER RIGHTS SETTLEMENT AGREE-
MENT. 
(a) RATIFICATION.— 
(1) IN GENERAL.—Except as modified by this 
title and to the extent the Hualapai Tribe water 
rights settlement agreement does not conflict with 
this title, the Hualapai Tribe water rights settlement 
agreement is authorized, ratified, and confirmed. 
(2) AMENDMENTS.—If an amendment to the 
Hualapai Tribe water rights settlement agreement,
196 
or to any exhibit attached to the Hualapai Tribe 
water rights settlement agreement requiring the sig-
nature of the Secretary, is executed in accordance 
with this title to make the Hualapai Tribe water 
rights settlement agreement consistent with this 
title, the amendment is authorized, ratified, and con-
firmed, to the extent the amendment is consistent 
with this title. 
(b) EXECUTION.— 
(1) IN GENERAL.—To the extent the Hualapai 
Tribe water rights settlement agreement does not 
conflict with this title, the Secretary shall execute 
the Hualapai Tribe water rights settlement agree-
ment, including all exhibits to, or parts of, the 
Hualapai Tribe water rights settlement agreement 
requiring the signature of the Secretary. 
(2) MODIFICATIONS.—Nothing in this title pro-
hibits the Secretary from approving any modification 
to an appendix or exhibit to the Hualapai Tribe 
water rights settlement agreement that is consistent 
with this title, to the extent the modification does 
not otherwise require congressional approval under 
section 2116 of the Revised Statutes (25 U.S.C. 
177) or any other applicable provision of Federal 
law.
197 
(c) ENVIRONMENTAL COMPLIANCE.— 
(1) 
IN
GENERAL.—In 
implementing 
the 
Hualapai Tribe water rights settlement agreement 
(including all exhibits to the Hualapai Tribe water 
rights settlement agreement requiring the signature 
of the Secretary) and this title, the Secretary shall 
comply with all applicable provisions of— 
(A) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(B) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), including the 
implementing regulations of that Act; and 
(C) all other applicable Federal environ-
mental laws and regulations. 
(2) COMPLIANCE.— 
(A) IN
GENERAL.—In implementing the 
Hualapai Tribe water rights settlement agree-
ment and this title, the Hualapai Tribe shall 
prepare any necessary environmental docu-
ments, consistent with all applicable provisions 
of— 
(i) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(ii) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), in-
198 
cluding the implementing regulations of 
that Act; and 
(iii) all other applicable Federal envi-
ronmental laws and regulations. 
(B) 
AUTHORIZATIONS.—The 
Secretary 
shall— 
(i) independently evaluate the docu-
mentation submitted under subparagraph 
(A); and 
(ii) be responsible for the accuracy, 
scope, and contents of that documentation. 
(3) EFFECT OF EXECUTION.—The execution of 
the Hualapai Tribe water rights settlement agree-
ment by the Secretary under this section shall not 
constitute a major action for purposes of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
SEC. 505. WATER RIGHTS. 
(a) WATER RIGHTS TO BE HELD IN TRUST.— 
(1) HUALAPAI TRIBE.—The United States shall 
hold the following water rights in trust for the ben-
efit of the Hualapai Tribe: 
(A) The water rights for the Hualapai 
Reservation described in subparagraph 4.2 of
199 
the Hualapai Tribe water rights settlement 
agreement. 
(B) The water rights for Hualapai trust 
land described in subparagraph 4.4 of the 
Hualapai Tribe water rights settlement agree-
ment. 
(C) The water rights described in section 
512(e)(2) for any land taken into trust by the 
United States for the benefit of the Hualapai 
Tribe— 
(i) after the Enforceability Date; and 
(ii) 
in 
accordance 
with 
section 
512(e)(1). 
(D) All Hualapai Tribe CAP water. 
(2) ALLOTTEES.—The United States shall hold 
in trust for the benefit of the allottees all water 
rights for the allotments described in subparagraph 
4.3.2 of the Hualapai Tribe water rights settlement 
agreement. 
(b) FORFEITURE
AND ABANDONMENT.—The fol-
lowing water rights shall not be subject to loss through 
non-use, forfeiture, abandonment, or other operation of 
law:
200 
(1) The water rights for the Hualapai Reserva-
tion described in subparagraph 4.2 of the Hualapai 
Tribe water rights settlement agreement. 
(2) The water rights for Hualapai trust land 
described in subparagraph 4.4 of the Hualapai Tribe 
water rights settlement agreement. 
(3) Any Colorado River water entitlement pur-
chased by the Hualapai Tribe wholly or substantially 
with amounts in the Economic Development Fund 
described in section 8.1 of the Amended and Re-
stated Hualapai Tribe Bill Williams River Water 
Rights Settlement Agreement. 
(c) ALIENATION.—Any Colorado River water entitle-
ment purchased by the Hualapai Tribe wholly or substan-
tially with amounts in the Economic Development Fund 
described in section 8.1 of the Amended and Restated 
Hualapai Tribe Bill Williams River Water Rights Settle-
ment Agreement shall be restricted against permanent 
alienation by the Hualapai Tribe. 
(d) HUALAPAI TRIBE CAP WATER.—The Hualapai 
Tribe shall have the right to divert, use, and store the 
Hualapai Tribe CAP water in accordance with section 
513. 
(e) COLORADO RIVER WATER ENTITLEMENTS.—
201 
(1) USES.—The Hualapai Tribe shall have the 
right to use any Colorado River water entitlement 
purchased by or donated to the Hualapai Tribe at 
the location to which the entitlement is appurtenant 
on the date on which the entitlement is purchased 
or donated. 
(2) STORAGE.— 
(A) IN GENERAL.—Subject to paragraphs 
(3) and (5), the Hualapai Tribe may store Colo-
rado River water available under any Colorado 
River water entitlement purchased by or do-
nated to the Hualapai Tribe at underground 
storage facilities or groundwater savings facili-
ties located within the State and in accordance 
with State law. 
(B) ASSIGNMENTS.—The Hualapai Tribe 
may assign any long-term storage credits ac-
crued as a result of storage under subpara-
graph (A) in accordance with State law. 
(3) TRANSFERS.—The Hualapai Tribe may 
transfer the entitlement for use or storage under 
paragraph (1) or (2), respectively, to another loca-
tion within the State, including the Hualapai Res-
ervation, in accordance with the Hualapai Tribe 
water rights settlement agreement and all applicable
203 
ferred, or used outside the boundaries of the Hualapai 
Reservation or Hualapai trust land, other than under an 
exchange. 
(g) GROUNDWATER TRANSPORTATION.— 
(1) FEE LAND.—Groundwater may be trans-
ported in accordance with State law away from 
Hualapai fee land and away from land acquired in 
fee by the Hualapai Tribe, including by a tribally 
owned corporation, after the Enforceability Date. 
(2) LAND
ADDED
TO
HUALAPAI
RESERVA-
TION.—Groundwater may be transported in accord-
ance with State law away from land added to the 
Hualapai Reservation by sections 511 and 512 to 
other land within the Hualapai Reservation. 
SEC. 506. HUALAPAI WATER TRUST FUND ACCOUNT; CON-
STRUCTION OF HUALAPAI WATER PROJECT; 
FUNDING. 
(a) HUALAPAI WATER TRUST FUND ACCOUNT.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish a trust fund account, to be known as the 
‘‘Hualapai Water Trust Fund Account’’, to be man-
aged, invested, and distributed by the Secretary and 
to remain available until expended, withdrawn, or re-
verted to the general fund of the Treasury, con-
sisting of the amounts deposited in the Hualapai
204 
Water Trust Fund Account under paragraph (2), to-
gether with any interest earned on those amounts, 
for the purposes of carrying out this title. 
(2) DEPOSITS.—The Secretary shall deposit in 
the Hualapai Water Trust Fund Account the 
amounts 
made 
available 
pursuant 
to 
section 
507(a)(1). 
(3) MANAGEMENT AND INTEREST.— 
(A) MANAGEMENT.—On receipt and de-
posit of funds into the Hualapai Water Trust 
Fund Account, the Secretary shall manage, in-
vest, and distribute all amounts in the Hualapai 
Water Trust Fund Account in a manner that is 
consistent with the investment authority of the 
Secretary under— 
(i) the first section of the Act of June 
24, 1938 (25 U.S.C. 162a); 
(ii) the American Indian Trust Fund 
Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.); and 
(iii) this subsection. 
(B) INVESTMENT EARNINGS.—In addition 
to the deposits made to the Hualapai Water 
Trust Fund Account under paragraph (2), any 
investment earnings, including interest, credited
205 
to amounts held in the Hualapai Water Trust 
Fund Account are authorized to be used in ac-
cordance with paragraph (7). 
(4) AVAILABILITY OF AMOUNTS.— 
(A) IN GENERAL.—Amounts appropriated 
to, and deposited in, the Hualapai Water Trust 
Fund Account, including any investment earn-
ings, shall be made available to the Hualapai 
Tribe by the Secretary beginning on the En-
forceability Date, subject to the requirements of 
this section. 
(B) USE.—Notwithstanding subparagraph 
(A), amounts deposited in the Hualapai Water 
Trust Fund Account shall be available to the 
Hualapai Tribe on the date on which the 
amounts are deposited for environmental com-
pliance, as provided in section 508. 
(5) WITHDRAWALS.— 
(A) WITHDRAWALS UNDER THE AMERICAN 
INDIAN
TRUST
FUND
MANAGEMENT
REFORM 
ACT OF 1994.— 
(i) 
IN
GENERAL.—The 
Hualapai 
Tribe may withdraw any portion of the 
amounts in the Hualapai Water Trust 
Fund Account on approval by the Sec-
206 
retary of a Tribal management plan sub-
mitted by the Tribe in accordance with the 
American Indian Trust Fund Management 
Reform Act of 1994 (25 U.S.C. 4001 et 
seq.). 
(ii) REQUIREMENTS.—In addition to 
the requirements under the American In-
dian Trust Fund Management Reform Act 
of 1994 (25 U.S.C. 4001 et seq.), the 
Tribal management plan under this sub-
paragraph shall require that the Hualapai 
Tribe spend all amounts withdrawn from 
the Hualapai Water Trust Fund Account 
and any investment earnings accrued 
through the investments under the Tribal 
management plan in accordance with this 
title. 
(iii) ENFORCEMENT.—The Secretary 
may carry out such judicial and adminis-
trative actions as the Secretary determines 
to be necessary to enforce the Tribal man-
agement plan under this subparagraph to 
ensure that amounts withdrawn by the 
Hualapai Tribe from the Hualapai Water
207 
Trust Fund Account under clause (i) are 
used in accordance with this title. 
(B) WITHDRAWALS UNDER EXPENDITURE 
PLAN.— 
(i) 
IN
GENERAL.—The 
Hualapai 
Tribe may submit to the Secretary a re-
quest 
to 
withdraw 
funds 
from 
the 
Hualapai Water Trust Fund Account pur-
suant to an approved expenditure plan. 
(ii) REQUIREMENTS.—To be eligible 
to withdraw amounts under an expenditure 
plan 
under 
this 
subparagraph, 
the 
Hualapai Tribe shall submit to the Sec-
retary an expenditure plan for any portion 
of the Hualapai Water Trust Fund Ac-
count that the Hualapai Tribe elects to 
withdraw pursuant to this subparagraph, 
subject to the condition that the amounts 
shall be used for the purposes described in 
this title. 
(iii) 
INCLUSIONS.—An 
expenditure 
plan under this subparagraph shall include 
a description of the manner and purpose 
for which the amounts proposed to be 
withdrawn from the Hualapai Water Trust
208 
Fund Account will be used by the 
Hualapai Tribe, in accordance with para-
graph (7). 
(iv) APPROVAL.—The Secretary shall 
approve an expenditure plan submitted 
under clause (ii) if the Secretary deter-
mines that the plan— 
(I) is reasonable; and 
(II) is consistent with, and will 
be used for, the purposes of this title. 
(v) ENFORCEMENT.—The Secretary 
may carry out such judicial and adminis-
trative actions as the Secretary determines 
to be necessary to enforce an expenditure 
plan to ensure that amounts disbursed 
under this subparagraph are used in ac-
cordance with this title. 
(6) EFFECT OF TITLE.—Nothing in this section 
gives the Hualapai Tribe the right to judicial review 
of a determination of the Secretary relating to 
whether to approve a Tribal management plan under 
paragraph (5)(A) or an expenditure plan under 
paragraph (5)(B) except under subchapter II of 
chapter 5, and chapter 7, of title 5, United States
209 
Code (commonly known as the ‘‘Administrative Pro-
cedure Act’’). 
(7) USES.—Amounts from the Hualapai Water 
Trust Fund Account shall be used by the Hualapai 
Tribe— 
(A) to plan, design, construct, and conduct 
related activities, including compliance with 
Federal environmental laws under section 508, 
the Hualapai Water Project, which shall be de-
signed to divert, treat, and convey up to 3,414 
AFY of water from the Colorado River in the 
lower basin in the State, including locations on 
or directly adjacent to the Hualapai Reserva-
tion, for municipal, commercial, and industrial 
uses on the Hualapai Reservation; 
(B) to perform OM&R on the Hualapai 
Water Project; 
(C) to construct facilities to transport elec-
trical power to pump water for the Hualapai 
Water Project; 
(D) to construct, repair, and replace such 
infrastructure as may be necessary for ground-
water wells on the Hualapai Reservation and to 
construct infrastructure for delivery and use of 
such groundwater on the Hualapai Reservation;
210 
(E) to acquire land, interests in land, and 
water rights outside the exterior boundaries of 
the Hualapai Reservation that are located in 
the Truxton Basin; 
(F) to reimburse the Hualapai Tribe for 
any— 
(i) planning, design, and engineering 
costs associated with the Hualapai Water 
Project that the Hualapai Tribe incurs 
using Tribal funds during the period— 
(I) beginning on the date of the 
enactment of this title; and 
(II) ending on the Enforceability 
Date; and 
(ii) construction costs associated with 
the Hualapai Water Project that the 
Hualapai Tribe incurs using Tribal funds 
during the period— 
(I) beginning on the date on 
which the Secretary issues a record of 
decision; and 
(II) ending on the Enforceability 
Date; and 
(G) to make contributions to the Economic 
Development Fund described in section 8.1 of
211 
the Amended and Restated Hualapai Tribe Bill 
Williams River Water Rights Settlement Agree-
ment for the purpose of purchasing additional 
Colorado River water entitlements and appur-
tenant land. 
(8) LIABILITY.—The Secretary and the Sec-
retary of the Treasury shall not be liable for the ex-
penditure or investment of any amounts withdrawn 
from the Hualapai Water Trust Fund Account by 
the Hualapai Tribe under paragraph (5). 
(9) TITLE TO INFRASTRUCTURE.—Title to, con-
trol over, and operation of any project constructed 
using funds from the Hualapai Water Trust Fund 
Account shall remain in the Hualapai Tribe. 
(10) OM&R.—All OM&R costs of any project 
constructed using funds from the Hualapai Water 
Trust Fund Account shall be the responsibility of 
the Hualapai Tribe. 
(11) NO PER CAPITA DISTRIBUTIONS.—No por-
tion of the Hualapai Water Trust Fund Account 
shall be distributed on a per capita basis to any 
member of the Hualapai Tribe. 
(12) EXPENDITURE REPORTS.—The Hualapai 
Tribe shall annually submit to the Secretary an ex-
penditure report describing accomplishments and
212 
amounts spent from use of withdrawals under a 
Tribal management plan or an expenditure plan 
under this title. 
(b) HUALAPAI WATER SETTLEMENT IMPLEMENTA-
TION FUND ACCOUNT.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a nontrust, inter-
est-bearing account, to be known as the ‘‘Hualapai 
Water Settlement Implementation Fund Account’’ 
(referred to in this subsection as the ‘‘Implementa-
tion Fund Account’’) to be managed and distributed 
by the Secretary, for use by the Secretary for car-
rying out this title. 
(2) DEPOSITS.—The Secretary shall deposit in 
the Implementation Fund Account the amounts 
made available pursuant to section 507(a)(2). 
(3) USES.—The Implementation Fund Account 
shall be used by the Secretary to carry out section 
515(c), including for groundwater monitoring in the 
Truxton Basin. 
(4) INTEREST.—In addition to the deposits 
under paragraph (2), any investment earnings, in-
cluding interest, credited to amounts unexpended in 
the Implementation Fund Account are authorized to
213 
be appropriated to be used in accordance with para-
graph (3). 
SEC. 507. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) AUTHORIZATIONS.— 
(1) HUALAPAI
WATER
TRUST
FUND
AC-
COUNT.—There is authorized to be appropriated to 
the Secretary for deposit in the Hualapai Water 
Trust Fund Account $180,000,000, to be available 
until expended, withdrawn, or reverted to the gen-
eral fund of the Treasury. 
(2) HUALAPAI WATER SETTLEMENT IMPLEMEN-
TATION FUND ACCOUNT.—There is authorized to be 
appropriated to the Secretary for deposit in the 
Hualapai Water Settlement Implementation Fund 
account established by section 506(b)(1) $5,000,000. 
(3) PROHIBITION.—Notwithstanding any other 
provision of law, any amounts made available under 
paragraph (1) or (2) shall not be made available 
from the Reclamation Water Settlements Fund es-
tablished by section 10501(a) of the Omnibus Public 
Land Management Act of 2009 (43 U.S.C. 407(a)) 
until 2034. 
(b) FLUCTUATION IN COSTS.— 
(1) IN GENERAL.—The amount authorized to 
be appropriated under subsection (a)(1) shall be in-
214 
creased or decreased, as appropriate, by such 
amounts as may be justified by reason of ordinary 
fluctuations in costs occurring after the date of the 
enactment of this title, as indicated by the Bureau 
of Reclamation Construction Cost Index—Composite 
Trend. 
(2) CONSTRUCTION COSTS ADJUSTMENT.—The 
amount authorized to be appropriated under sub-
section (a)(1) shall be adjusted to address construc-
tion cost changes necessary to account for unfore-
seen market volatility that may not otherwise be 
captured by engineering cost indices as determined 
by the Secretary, including repricing applicable to 
the types of construction and current industry 
standards involved. 
(3) REPETITION.—The adjustment process 
under this subsection shall be repeated for each sub-
sequent amount appropriated until the amount au-
thorized, as adjusted, has been appropriated. 
(4) PERIOD OF INDEXING.—The period of in-
dexing adjustment for any increment of funding 
shall end on the date on which the funds are depos-
ited in the Hualapai Water Trust Fund Account.
215 
SEC. 508. ENVIRONMENTAL COMPLIANCE. 
(a) IN GENERAL.—Effective beginning on the date 
of deposit of funds in the Hualapai Water Trust Fund 
Account, the Hualapai Tribe may commence any environ-
mental, cultural, and historical compliance activities nec-
essary to implement the Hualapai Tribe water rights set-
tlement agreement and this title, including activities nec-
essary to comply with all applicable provisions of— 
(1) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); 
(2) the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), including the imple-
menting regulations of that Act; and 
(3) all other applicable Federal environmental 
or historical and cultural protection laws and regula-
tions. 
(b) NO EFFECT ON OUTCOME.—Nothing in this title 
affects or directs the outcome of any analysis under the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) or any other applicable Federal environ-
mental or historical and cultural protection law. 
(c) COMPLIANCE COSTS.—Any costs associated with 
the performance of the compliance activities under sub-
section (a) shall be paid from funds deposited in the 
Hualapai Water Trust Fund Account, subject to the con-
dition that any costs associated with the performance of
216 
Federal approval or other review of such compliance work 
or costs associated with inherently Federal functions shall 
remain the responsibility of the Secretary. 
(d) RECORD
OF DECISION.—Construction of the 
Hualapai Water Project shall not commence until the Sec-
retary issues a record of decision after completion of an 
environmental impact statement for the Hualapai Water 
Project. 
(e) CONSTRUCTION COSTS.—Any costs of construc-
tion incurred by the Hualapai Tribe during the period be-
ginning on the date on which the Secretary issues a record 
of decision and ending on the Enforceability Date shall 
be paid by the Hualapai Tribe and not from funds depos-
ited in the Hualapai Water Trust Fund Account, subject 
to the condition that, pursuant to section 506(a)(7)(F), 
the Hualapai Tribe may be reimbursed after the Enforce-
ability Date from the Hualapai Water Trust Fund Ac-
count for any such costs of construction incurred by the 
Hualapai Tribe prior to the Enforceability Date. 
SEC. 509. WAIVERS, RELEASES, AND RETENTIONS OF 
CLAIMS. 
(a) WAIVERS AND RELEASES OF CLAIMS BY THE 
HUALAPAI TRIBE.— 
(1) CLAIMS
AGAINST
THE
STATE
AND
OTH-
ERS.—
217 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Hualapai Tribe, on be-
half of the Hualapai Tribe and the members of 
the Hualapai Tribe (but not members in the ca-
pacity of the members as allottees) and the 
United States, acting as trustee for the 
Hualapai Tribe and the members of the 
Hualapai Tribe (but not members in the capac-
ity of the members as allottees), as part of the 
performance of the respective obligations of the 
Hualapai Tribe and the United States under 
the Hualapai Tribe water rights settlement 
agreement and this title, are authorized to exe-
cute a waiver and release of any claims against 
the State (or any agency or political subdivision 
of the State) and any other individual, entity, 
corporation, or municipal corporation under 
Federal, State, or other law for all— 
(i) past, present, and future claims for 
water rights, including rights to Colorado 
River water, for Hualapai land, arising 
from time immemorial and, thereafter, for-
ever; 
(ii) past, present, and future claims 
for water rights, including rights to Colo-
218 
rado River water, arising from time imme-
morial and, thereafter, forever, that are 
based on the aboriginal occupancy of land 
by the Hualapai Tribe, the predecessors of 
the Hualapai Tribe, the members of the 
Hualapai Tribe, or predecessors of the 
members of the Hualapai Tribe; 
(iii) past and present claims for injury 
to water rights, including injury to rights 
to Colorado River water, for Hualapai 
land, 
arising 
from 
time 
immemorial 
through the Enforceability Date; 
(iv) past, present, and future claims 
for injury to water rights, including injury 
to rights to Colorado River water, arising 
from time immemorial and, thereafter, for-
ever, that are based on the aboriginal occu-
pancy of land by the Hualapai Tribe, the 
predecessors of the Hualapai Tribe, the 
members of the Hualapai Tribe, or prede-
cessors of the members of the Hualapai 
Tribe; 
(v) claims for injury to water rights, 
including injury to rights to Colorado 
River water, arising after the Enforce-
219 
ability Date, for Hualapai land, resulting 
from the off-reservation diversion or use of 
surface water, Colorado River water, or ef-
fluent in a manner not in violation of the 
Hualapai Tribe water rights settlement 
agreement or State law; 
(vi) past, present, and future claims 
arising out of, or relating in any manner 
to, the negotiation, execution, or adoption 
of the Hualapai Tribe water rights settle-
ment agreement, any judgment or decree 
approving or incorporating the Hualapai 
Tribe water rights settlement agreement, 
or this title; 
(vii) claims for water rights of the 
Hualapai Tribe or the United States, act-
ing as trustee for the Hualapai Tribe and 
members of the Hualapai Tribe, with re-
spect to Parcel 3, in excess of 300 AFY; 
(viii) claims for injury to water rights 
arising after the Enforceability Date for 
Hualapai land resulting from the off-res-
ervation diversion or use of groundwater 
from—
220 
(I) any well constructed outside 
of the Truxton Basin on or before the 
date of the enactment of this title; 
(II) any well constructed outside 
of the Truxton Basin, and not more 
than 2 miles from the exterior bound-
aries of the Hualapai Reservation, 
after the date of the enactment of this 
title if— 
(aa) 
the 
well 
was 
con-
structed to replace a well in ex-
istence on the date of the enact-
ment of this title; 
(bb) the replacement well 
was constructed within 660 feet 
of the well being replaced; and 
(cc) the pumping capacity 
and case diameter of the replace-
ment well do not exceed the 
pumping capacity and case di-
ameter of the well being replaced; 
or 
(III) any well constructed outside 
the Truxton Basin, and not less than 
2 miles from the exterior boundaries
221 
of the Hualapai Reservation, after the 
date of the enactment of this title, 
subject to the condition that the au-
thorizations and restrictions regarding 
the location, size, and operation of 
wells in the Bill Williams River water-
shed set forth in the Bill Williams 
agreements and the Bill Williams Act, 
and the waivers of claims in the Bill 
Williams agreements and the Bill Wil-
liams Act, shall continue to apply to 
the parties to the Bill Williams agree-
ments, notwithstanding the provisions 
of this subsection; and 
(ix) claims for injury to water rights 
arising after the Enforceability Date, for 
Hualapai land, resulting from the off-res-
ervation diversion or use of groundwater in 
the Truxton Basin from— 
(I) any well constructed within 
the Truxton Basin for domestic pur-
poses or stock watering— 
(aa) on or before the date on 
which the Secretary provides
222 
written notice to the State pursu-
ant to section 515(c)(2); or 
(bb) after the date on which 
the Secretary provides written 
notice to the State pursuant to 
that section if— 
(AA) the well was con-
structed to replace a well in 
existence on the date on 
which the notice was pro-
vided; 
(BB) the replacement 
well was constructed within 
660 feet of the well being re-
placed; and 
(CC) the pumping ca-
pacity and case diameter of 
the replacement well do not 
exceed the pumping capacity 
and case diameter of the 
well being replaced; and 
(II) any well constructed within 
the Truxton Basin for purposes other 
than domestic purposes or stock wa-
tering—
223 
(aa) on or before the date of 
the enactment of this title; 
(bb) after the date of the en-
actment of this title if the Sec-
retary has not provided written 
notice to the State pursuant to 
section 515(c)(2); or 
(cc) after the date of the en-
actment of this title if the Sec-
retary has provided written no-
tice to the State pursuant to sec-
tion 515(c)(2) and if— 
(AA) the well was con-
structed to replace a well in 
existence on the on which 
date the notice was pro-
vided; 
(BB) the replacement 
well was constructed within 
660 feet of the well being re-
placed; and 
(CC) the pumping ca-
pacity and case diameter of 
the replacement well do not 
exceed the pumping capacity
224 
and case diameter of the 
well being replaced. 
(B) EFFECTIVE
DATE.—The waiver and 
release of claims described in subparagraph (A) 
shall take effect on the Enforceability Date. 
(C) RESERVATION OF RIGHTS AND RETEN-
TION OF CLAIMS.—Notwithstanding the waiver 
and release of claims described in subparagraph 
(A), the Hualapai Tribe, acting on behalf of the 
Hualapai Tribe and the members of the 
Hualapai Tribe, and the United States, acting 
as trustee for the Hualapai Tribe and the mem-
bers of the Hualapai Tribe (but not members in 
the capacity of the members as allottees), shall 
retain any right— 
(i) subject to subparagraph 12.7 of 
the Hualapai Tribe water rights settlement 
agreement, to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Hualapai Tribe under the Hualapai Tribe 
water rights settlement agreement or this 
title in any Federal or State court of com-
petent jurisdiction; 
(ii) to assert claims for injuries to, 
and seek enforcement of, the rights of the
225 
Hualapai Tribe under any judgment or de-
cree 
approving 
or 
incorporating 
the 
Hualapai Tribe water rights settlement 
agreement; 
(iii) to assert claims for water rights 
based on State law for land owned or ac-
quired by the Hualapai Tribe in fee, under 
subparagraph 4.8 of the Hualapai Tribe 
water rights settlement agreement; 
(iv) to object to any claims for water 
rights or injury to water rights by or for 
any Indian Tribe or the United States, act-
ing on behalf of any Indian Tribe; 
(v) to assert past, present, or future 
claims for injury to water rights against 
any Indian Tribe or the United States, act-
ing on behalf of any Indian Tribe; 
(vi) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Hualapai Tribe under the Bill Williams 
agreements or the Bill Williams Act in any 
Federal or State court of competent juris-
diction; 
(vii) subject to paragraphs (1), (3), 
(4), and (5) of section 505(e), to assert the
226 
rights of the Hualapai Tribe under any 
Colorado River water entitlement pur-
chased by or donated to the Hualapai 
Tribe; and 
(viii) to assert claims for injury to 
water rights arising after the Enforce-
ability Date for Hualapai land resulting 
from any off-reservation diversion or use of 
groundwater, without regard to quantity, 
from— 
(I) any well constructed after the 
date of the enactment of this Act out-
side of the Truxton Basin and not 
more than 2 miles from the exterior 
boundaries of the Hualapai Reserva-
tion, except a replacement well de-
scribed in subparagraph (A)(viii)(II), 
subject to the authorizations and re-
strictions regarding the location, size, 
and operation of wells in the Bill Wil-
liams River watershed, and the waiv-
ers of claims, set forth in the Bill Wil-
liams agreements and the Bill Wil-
liams Act;
227 
(II) any well constructed within 
the Truxton Basin for domestic pur-
poses or stock watering after the date 
on which the Secretary has provided 
written notice to the State pursuant 
to section 515(c)(2), except for a re-
placement well described in subpara-
graph (A)(ix)(I)(bb); and 
(III) any well constructed within 
the Truxton Basin for purposes other 
than domestic purposes or stock wa-
tering after the date of the enactment 
of this Act, if the Secretary has pro-
vided notice to the State pursuant to 
section 515(c)(2), except for a re-
placement well as described in sub-
paragraph (A)(ix)(II)(cc). 
(2) CLAIMS AGAINST UNITED STATES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Hualapai Tribe, acting 
on behalf of the Hualapai Tribe and the mem-
bers of the Hualapai Tribe (but not members in 
the capacity of the members as allottees) as 
part of the performance of the obligations of 
the Hualapai Tribe under the Hualapai Tribe
228 
water rights settlement agreement and this 
title, is authorized to execute a waiver and re-
lease of all claims against the United States, in-
cluding agencies, officials, and employees of the 
United States, under Federal, State, or other 
law for all— 
(i) past, present, and future claims for 
water rights, including rights to Colorado 
River water, for Hualapai land, arising 
from time immemorial and, thereafter, for-
ever; 
(ii) past, present, and future claims 
for water rights, including rights to Colo-
rado River water, arising from time imme-
morial and, thereafter, forever, that are 
based on the aboriginal occupancy of land 
by the Hualapai Tribe, the predecessors of 
the Hualapai Tribe, the members of the 
Hualapai Tribe, or predecessors of the 
members of the Hualapai Tribe; 
(iii) past and present claims relating 
in any manner to damages, losses, or in-
jury to water rights (including injury to 
rights to Colorado River water), land, or 
other resources due to loss of water or
229 
water rights (including damages, losses, or 
injuries to hunting, fishing, gathering, or 
cultural rights due to loss of water or 
water rights, claims relating to interference 
with, diversion, or taking of water, or 
claims relating to the failure to protect, ac-
quire, or develop water, water rights, or 
water infrastructure) within the State that 
first accrued at any time prior to the En-
forceability Date; 
(iv) past and present claims for injury 
to water rights, including injury to rights 
to Colorado River water, for Hualapai 
land, 
arising 
from 
time 
immemorial 
through the Enforceability Date; 
(v) past, present, and future claims 
for injury to water rights, including injury 
to rights to Colorado River water, arising 
from time immemorial and, thereafter, for-
ever, that are based on the aboriginal occu-
pancy of land by the Hualapai Tribe, the 
predecessors of the Hualapai Tribe, the 
members of the Hualapai Tribe, or prede-
cessors of the members of the Hualapai 
Tribe;
230 
(vi) claims for injury to water rights, 
including injury to rights to Colorado 
River water, arising after the Enforce-
ability Date for Hualapai land, resulting 
from the off-reservation diversion or use of 
surface water, Colorado River water, or ef-
fluent in a manner not in violation of the 
Hualapai Tribe water rights settlement 
agreement or State law; 
(vii) past, present, and future claims 
arising out of, or relating in any manner 
to, the negotiation, execution, or adoption 
of the Hualapai Tribe water rights settle-
ment agreement, any judgment or decree 
approving or incorporating the Hualapai 
Tribe water rights settlement agreement, 
or this title; 
(viii) claims for injury to water rights 
arising after the Enforceability Date for 
Hualapai land resulting from the off-Res-
ervation diversion or use of groundwater 
from— 
(I) any well constructed on public 
domain land outside of the Truxton
231 
Basin on or before the date of the en-
actment of this title; 
(II) any well constructed on pub-
lic domain land outside of the Truxton 
Basin, and not more than 2 miles 
from the exterior boundaries of the 
Hualapai Reservation, after the date 
of the enactment of this title if— 
(aa) 
the 
well 
was 
con-
structed to replace a well in ex-
istence on the date of the enact-
ment of this title; 
(bb) the replacement well 
was constructed within 660 feet 
of the well being replaced; and 
(cc) the pumping capacity 
and case diameter of the replace-
ment well do not exceed the 
pumping capacity and case di-
ameter of the well being replaced; 
or 
(III) any well constructed on 
public domain land outside of the 
Truxton Basin, and not less than 2 
miles from the exterior boundaries of
232 
the Hualapai Reservation, after the 
date of the enactment of this Act, 
subject to the condition that the au-
thorizations and restrictions regarding 
the location, size, and operation of 
wells in the Bill Williams River water-
shed set forth in the Bill Williams 
agreements and the Bill Williams Act, 
and the waivers of claims in the Bill 
Williams agreements and the Bill Wil-
liams Act, shall continue to apply to 
the parties to the Bill Williams agree-
ments, notwithstanding the provisions 
of this subsection; and 
(ix) claims for injury to water rights 
arising after the Enforceability Date for 
Hualapai land resulting from the off-res-
ervation diversion or use of groundwater in 
the Truxton Basin from— 
(I) any well constructed on public 
domain land within the Truxton Basin 
for domestic purposes or stock water-
ing— 
(aa) on or before the date on 
which the Secretary provides
233 
written notice to the State pursu-
ant to section 515(c)(2); or 
(bb) after the date on which 
the Secretary provides written 
notice to the State pursuant to 
that section if— 
(AA) the well was con-
structed to replace a well in 
existence on the date on 
which the notice was pro-
vided; 
(BB) the replacement 
well was constructed within 
660 feet of the well being re-
placed; and 
(CC) the pumping ca-
pacity and case diameter of 
the replacement well do not 
exceed the pumping capacity 
and case diameter of the 
well being replaced; and 
(II) any well constructed on pub-
lic domain land within the Truxton 
Basin for purposes other than domes-
tic purposes or stock watering—
234 
(aa) on or before the date of 
the enactment of this title; 
(bb) after the date of the en-
actment of this title if the Sec-
retary has not provided written 
notice to the State pursuant to 
section 515(c)(2); or 
(cc) after the date of the en-
actment of this title if the Sec-
retary has provided written no-
tice to the State pursuant to sec-
tion 515(c)(2) and if— 
(AA) the well was con-
structed to replace a well in 
existence on the date on 
which the notice was pro-
vided; 
(BB) the replacement 
well was constructed within 
660 feet of the well being re-
placed; and 
(CC) the pumping ca-
pacity and case diameter of 
the replacement well do not 
exceed the pumping capacity
235 
and case diameter of the 
well being replaced. 
(B) EFFECTIVE
DATE.—The waiver and 
release of claims described in subparagraph (A) 
shall take effect on the Enforceability Date. 
(C) RETENTION
OF
CLAIMS.—Notwith-
standing the waiver and release of claims de-
scribed in subparagraph (A), the Hualapai 
Tribe and the members of the Hualapai Tribe 
(but not members in the capacity of the mem-
bers as allottees) shall retain any right— 
(i) subject to subparagraph 12.7 of 
the Hualapai Tribe water rights settlement 
agreement, to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Hualapai Tribe under the Hualapai Tribe 
water rights settlement agreement or this 
title in any Federal or State court of com-
petent jurisdiction; 
(ii) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Hualapai Tribe under any judgment or de-
cree 
approving 
or 
incorporating 
the 
Hualapai Tribe water rights settlement 
agreement;
236 
(iii) to assert claims for water rights 
based on State law for land owned or ac-
quired by the Hualapai Tribe in fee under 
subparagraph 4.8 of the Hualapai Tribe 
water rights settlement agreement; 
(iv) to object to any claims for water 
rights or injury to water rights by or for 
any Indian Tribe or the United States, act-
ing on behalf of any Indian Tribe; 
(v) to assert past, present, or future 
claims for injury to water rights against 
any Indian Tribe or the United States, act-
ing on behalf of any Indian Tribe; 
(vi) to assert claims for injuries to, 
and seek enforcement of, the rights of the 
Hualapai Tribe under the Bill Williams 
agreements or the Bill Williams Act in any 
Federal or State court of competent juris-
diction; 
(vii) subject to paragraphs (1), (3), 
(4), and (5) of section 505(e), to assert the 
rights of the Hualapai Tribe under any 
Colorado River water entitlement pur-
chased by or donated to the Hualapai 
Tribe; and
237 
(viii) to assert any claims for injury to 
water rights arising after the Enforce-
ability Date for Hualapai land resulting 
from any off-reservation diversion or use of 
groundwater, without regard to quantity, 
from— 
(I) any well constructed after the 
date of the enactment of this title on 
public domain land outside of the 
Truxton Basin and not more than 2 
miles from the exterior boundaries of 
the Hualapai Reservation, except for a 
replacement well described in subpara-
graph (A)(viii)(II), subject to the au-
thorizations and restrictions regarding 
the location, size, and operation of 
wells in the Bill Williams River water-
shed, and the waivers of claims, set 
forth in the Bill Williams agreements 
and the Bill Williams Act; 
(II) any well constructed on pub-
lic domain land within the Truxton 
Basin for domestic purposes or stock 
watering after the date on which the 
Secretary has provided written notice
238 
to the State pursuant to section 
515(c)(2), except for a replacement 
well 
described 
in 
subparagraph 
(A)(ix)(I)(bb); and 
(III) any well constructed on 
public 
domain 
land 
within 
the 
Truxton Basin for purposes other 
than domestic purposes or stock wa-
tering after the date of the enactment 
of this title, if the Secretary has pro-
vided notice to the State pursuant to 
section 515(c)(2), except for a re-
placement well as described in sub-
paragraph (A)(ix)(II)(cc). 
(b) WAIVERS AND RELEASES OF CLAIMS BY UNITED 
STATES, ACTING AS TRUSTEE FOR ALLOTTEES.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, acting as trustee for 
the allottees of the Hualapai Tribe, as part of the 
performance of the obligations of the United States 
under the Hualapai Tribe water rights settlement 
agreement and this title, is authorized to execute a 
waiver and release of any claims against the State 
(or any agency or political subdivision of the State), 
the Hualapai Tribe, and any other individual, entity,
239 
corporation, or municipal corporation under Federal, 
State, or other law, for all— 
(A) past, present, and future claims for 
water rights, including rights to Colorado River 
water, for the allotments, arising thereafter, 
forever, that are based on the aboriginal occu-
pancy of land by the allottees or predecessors of 
the allottees from time immemorial and, there-
after, forever; 
(B) past, present, and future claims for 
water rights, including rights to Colorado River 
water, arising from time immemorial and, 
(C) past and present claims for injury to 
water rights, including injury to rights to Colo-
rado River water, for the allotments, arising 
from time immemorial through the Enforce-
ability Date; 
(D) past, present, and future claims for in-
jury to water rights, if any, including injury to 
rights to Colorado River water, arising from 
time immemorial and, thereafter, forever, that 
are based on the aboriginal occupancy of land 
by the allottees or predecessors of the allottees; 
(E) claims for injury to water rights, in-
cluding injury to rights to Colorado River
240 
water, arising after the Enforceability Date, for 
the allotments, resulting from the off-reserva-
tion diversion or use of water in a manner not 
in violation of the Hualapai Tribe water rights 
settlement agreement or State law; 
(F) past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, 
execution, 
or 
adoption 
of 
the 
Hualapai Tribe water rights settlement agree-
ment, any judgment or decree approving or in-
corporating the Hualapai Tribe water rights 
settlement agreement, or this title; and 
(G) claims for any water rights of the 
allottees or the United States acting as trustee 
for the allottees with respect to— 
(i) Parcel 1, in excess of 82 AFY; or 
(ii) Parcel 2, in excess of 312 AFY. 
(2) EFFECTIVE DATE.—The waiver and release 
of claims under paragraph (1) shall take effect on 
the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1), the United States, acting as trustee for 
the allottees of the Hualapai Tribe, shall retain any 
right—
241 
(A) subject to subparagraph 12.7 of the 
Hualapai Tribe water rights settlement agree-
ment, to assert claims for injuries to, and seek 
enforcement of, the rights of the allottees, if 
any, under the Hualapai Tribe water rights set-
tlement agreement or this title in any Federal 
or State court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, the rights of the allottees 
under any judgment or decree approving or in-
corporating the Hualapai Tribe water rights 
settlement agreement; 
(C) to object to any claims for water rights 
or injury to water rights by or for— 
(i) any Indian Tribe other than the 
Hualapai Tribe; or 
(ii) the United States, acting on be-
half of any Indian Tribe other than the 
Hualapai Tribe; 
(D) to assert past, present, or future 
claims for injury to water rights against— 
(i) any Indian Tribe other than the 
Hualapai Tribe; or
242 
(ii) the United States, acting on be-
half of any Indian Tribe other than the 
Hualapai Tribe; and 
(E) to assert claims for injuries to, and 
seek enforcement of, the rights of the allottees 
under the Bill Williams agreements or the Bill 
Williams Act in any Federal or State court of 
competent jurisdiction. 
(c) WAIVER AND RELEASE OF CLAIMS BY UNITED 
STATES AGAINST HUALAPAI TRIBE.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the United States, in all capacities (ex-
cept as trustee for an Indian Tribe other than the 
Hualapai Tribe), as part of the performance of the 
obligations of the United States under the Hualapai 
Tribe water rights settlement agreement and this 
title, is authorized to execute a waiver and release 
of all claims against the Hualapai Tribe, the mem-
bers of the Hualapai Tribe, or any agency, official, 
or employee of the Hualapai Tribe, under Federal, 
State or any other law for all— 
(A) past and present claims for injury to 
water rights, including injury to rights to Colo-
rado River water, resulting from the diversion 
or use of water on Hualapai land arising from
243 
time immemorial through the Enforceability 
Date; 
(B) claims for injury to water rights, in-
cluding injury to rights to Colorado River 
water, arising after the Enforceability Date, re-
sulting from the diversion or use of water on 
Hualapai land in a manner that is not in viola-
tion of the Hualapai Tribe water rights settle-
ment agreement or State law; and 
(C) past, present, and future claims aris-
ing out of, or related in any manner to, the ne-
gotiation, 
execution, 
or 
adoption 
of 
the 
Hualapai Tribe water rights settlement agree-
ment, any judgment or decree approving or in-
corporating the Hualapai Tribe water rights 
settlement agreement, or this title. 
(2) EFFECTIVE DATE.—The waiver and release 
of claims under paragraph (1) shall take effect on 
the Enforceability Date. 
(3) RETENTION OF CLAIMS.—Notwithstanding 
the waiver and release of claims described in para-
graph (1), the United States shall retain any right 
to assert any claim not expressly waived in accord-
ance with that paragraph, including any right to as-
sert a claim for injury to, and seek enforcement of,
244 
any right of the United States under the Bill Wil-
liams agreements or the Bill Williams Act, in any 
Federal or State court of competent jurisdiction. 
(d) BILL WILLIAMS RIVER PHASE 2 WATER RIGHTS 
SETTLEMENT AGREEMENT WAIVER, RELEASE, AND RE-
TENTION OF CLAIMS.— 
(1) CLAIMS AGAINST FREEPORT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the United States, acting 
solely on behalf of the Department of the Inte-
rior (including the Bureau of Land Manage-
ment and the United States Fish and Wildlife 
Service), as part of the performance of the obli-
gations of the United States under the Bill Wil-
liams River phase 2 water rights settlement 
agreement, is authorized to execute a waiver 
and release of all claims of the United States 
against Freeport under Federal, State, or any 
other law for— 
(i) any past or present claim for in-
jury to water rights resulting from— 
(I) the diversion or use of water 
by Freeport pursuant to the water 
rights described in Exhibit 4.1(ii) to
245 
the Bill Williams River phase 2 water 
rights settlement agreement; and 
(II) any other diversion or use of 
water for mining purposes authorized 
by the Bill Williams River phase 2 
water rights settlement agreement; 
(ii) any claim for injury to water 
rights arising after the Bill Williams River 
Phase 2 Enforceability Date resulting 
from— 
(I) the diversion or use of water 
by Freeport pursuant to the water 
rights described in Exhibit 4.1(ii) to 
the Bill Williams River phase 2 water 
rights settlement agreement in a man-
ner not in violation of the Bill Wil-
liams River phase 2 water rights set-
tlement agreement; 
(II) the diversion of up to 2,500 
AFY of water by Freeport from Syca-
more Creek as permitted by section 
4.3(iv) of the Bill Williams River 
phase 2 water rights settlement agree-
ment; and
246 
(III) any other diversion or use 
of water by Freeport authorized by 
the Bill Williams River phase 2 water 
rights settlement agreement, subject 
to the condition that such a diversion 
and use of water is conducted in a 
manner not in violation of the Bill 
Williams River phase 2 water rights 
settlement agreement; and 
(iii) any past, present, or future claim 
arising out of, or relating in any manner 
to, the negotiation or execution of the Bill 
Williams River phase 2 water rights settle-
ment agreement, the Hualapai Tribe water 
rights settlement agreement, or this title. 
(B) EFFECTIVE
DATE.—The waiver and 
release of claims under subparagraph (A) shall 
take effect on the Bill Williams River Phase 2 
Enforceability Date. 
(C) RETENTION OF CLAIMS.—The United 
States shall retain all rights not expressly 
waived in the waiver and release of claims 
under subparagraph (A), including, subject to 
section 6.4 of the Bill Williams River phase 2 
water rights settlement agreement, the right to
247 
assert a claim for injury to, and seek enforce-
ment of, the Bill Williams River phase 2 water 
rights settlement agreement or this title, in any 
Federal or State court of competent jurisdiction 
(but not a Tribal court). 
(2) NO PRECEDENTIAL EFFECT.— 
(A) 
PENDING
AND
FUTURE
PRO-
CEEDINGS.—The Bill Williams River phase 2 
water rights settlement agreement shall have no 
precedential effect in any other administrative 
or judicial proceeding, including— 
(i) any pending or future general 
stream adjudication, or any other litigation 
involving Freeport or the United States, 
including any proceeding to establish or 
quantify a Federal reserved water right; 
(ii) any pending or future administra-
tive or judicial proceeding relating to an 
application— 
(I) to appropriate water (for 
instream flow or other purposes); 
(II) to sever and transfer a water 
right; 
(III) to change a point of diver-
sion; or
248 
(IV) to change a place of use for 
any water right; and 
(iii) any proceeding regarding water 
rights or a claim relating to any Federal 
land. 
(B) NO METHODOLOGY OR STANDARD.— 
Nothing in the Bill Williams River phase 2 
water rights settlement agreement establishes 
any standard or methodology to be used for the 
quantification of any claim to water rights 
(whether based on Federal or State law) in any 
judicial or administrative proceeding, other than 
a proceeding to enforce the terms of the Bill 
Williams River phase 2 water rights settlement 
agreement. 
SEC. 510. SATISFACTION OF WATER RIGHTS AND OTHER 
BENEFITS. 
(a) HUALAPAI TRIBE AND MEMBERS.— 
(1) IN GENERAL.—The benefits realized by the 
Hualapai Tribe and the members of the Hualapai 
Tribe (but not members in the capacity of the mem-
bers as allottees) under the Hualapai Tribe water 
rights settlement agreement, this title, the Bill Wil-
liams agreements, and the Bill Williams Act shall be 
in full satisfaction of all claims of the Hualapai
249 
Tribe, the members of the Hualapai Tribe, and the 
United States, acting in the capacity of the United 
States as trustee for the Hualapai Tribe and the 
members of the Hualapai Tribe, for water rights and 
injury to water rights under Federal, State, or other 
law with respect to Hualapai land. 
(2) SATISFACTION.—Any entitlement to water 
of the Hualapai Tribe and the members of the 
Hualapai Tribe (but not members in the capacity of 
the members as allottees) or the United States, act-
ing in the capacity of the United States as trustee 
for the Hualapai Tribe and the members of the 
Hualapai Tribe (but not members in the capacity of 
the members as allottees), for Hualapai land shall be 
satisfied out of the water resources and other bene-
fits granted, confirmed, quantified, or recognized by 
the Hualapai Tribe water rights settlement agree-
ment, this title, the Bill Williams agreements, and 
the Bill Williams Act to or for the Hualapai Tribe, 
the members of the Hualapai Tribe (but not mem-
bers in the capacity of the members as allottees), 
and the United States, acting in the capacity of the 
United States as trustee for the Hualapai Tribe and 
the members of the Hualapai Tribe (but not mem-
bers in the capacity of the members as allottees).
250 
(b) ALLOTTEE WATER CLAIMS.— 
(1) IN GENERAL.—The benefits realized by the 
allottees of the Hualapai Tribe under the Hualapai 
Tribe water rights settlement agreement, this title, 
the Bill Williams agreements, and the Bill Williams 
Act shall be in complete replacement of and substi-
tution for, and full satisfaction of, all claims with re-
spect to allotments of the allottees and the United 
States, acting in the capacity of the United States 
as trustee for the allottees, for water rights and in-
jury to water rights under Federal, State, or other 
law. 
(2) SATISFACTION.—Any entitlement to water 
of the allottees or the United States, acting in the 
capacity of the United States as trustee for the 
allottees, for allotments shall be satisfied out of the 
water resources and other benefits granted, con-
firmed, or recognized by the Hualapai Tribe water 
rights settlement agreement, this title, the Bill Wil-
liams agreements, and the Bill Williams Act to or 
for the allottees and the United States, acting as 
trustee for the allottees. 
(c) EFFECT.—Notwithstanding subsections (a) and 
(b), nothing in this title or the Hualapai Tribe water 
rights settlement agreement—
251 
(1) recognizes or establishes any right of a 
member of the Hualapai Tribe or an allottee to 
water on Hualapai land; or 
(2) prohibits the Hualapai Tribe or an allottee 
from acquiring additional water rights by purchase 
of land, credits, or water rights. 
SEC. 511. LAND ADDED TO HUALAPAI RESERVATION. 
The following land in the State is added to the 
Hualapai Reservation: 
(1) PUBLIC
LAW
93–560.—The land held in 
trust by the United States for the Hualapai Tribe 
pursuant to the first section of Public Law 93–560 
(88 Stat. 1820). 
(2) 1947 JUDGMENT.—The land deeded to the 
United States in the capacity of the United States 
as trustee for the Hualapai Tribe pursuant to the 
1947 judgment. 
(3) TRUXTON TRIANGLE.—That portion of the 
S1/2 sec. 3, lying south of the south boundary of the 
Hualapai Reservation and north of the north right- 
of-way boundary of Arizona Highway 66, and 
bounded by the west section line of that sec. 3 and 
the south section line of that sec. 3, T. 24 N., R. 
12 W., Gila and Salt River Base and Meridian, Mo-
have County, Arizona.
252 
(4) HUNT PARCEL 4.—SW1/4NE1/4 sec. 7, T. 
25 N., R. 13 W., Gila and Salt River Base and Me-
ridian, Mohave County, Arizona. 
(5) HUNT PARCELS 1 AND 2.—In T. 26 N., R. 
14 W., Gila and Salt River Base and Meridian, Mo-
have County, Arizona— 
(A) NE1/4SW1/4 sec. 9; and 
(B) NW1/4SE1/4 sec. 27. 
(6) HUNT PARCEL 3.—SW1/4NE1/4 sec. 25, T. 
27 N., R. 15 W., Gila and Salt River Base and Me-
ridian, Mohave County, Arizona. 
(7) HUNT PARCEL 5.—In sec. 1, T. 25 N., R. 
14 W., Gila and Salt River Base and Meridian, Mo-
have County, Arizona— 
(A) SE1/4; 
(B) E1/2 SW1/4; and 
(C) SW1/4 SW1/4. 
(8) VALENTINE
CEMETERY
PARCEL.—W1/2 
NW1/4 SW1/4 sec. 22, T. 23 N., R. 13 W., Gila and 
Salt River Base and Meridian, Mohave County, Ari-
zona, excepting and reserving to the United States 
a right-of-way for ditches or canals constructed by 
the authority of the United States, pursuant to the 
Act of August 30, 1890 (43 U.S.C. 945).
253 
SEC. 512. TRUST LAND. 
(a) LAND TO BE TAKEN INTO TRUST.— 
(1) IN GENERAL.—On the date of the enact-
ment of this Act, the Secretary is authorized and di-
rected to take legal title to the land described in 
paragraph (2) and hold such land in trust for the 
benefit of the Hualapai Tribe. 
(2) CHOLLA
CANYON
RANCH
PARCELS.—The 
land referred to in paragraph (1) is, in T. 16 N., R. 
13 W., Gila and Salt River Base and Meridian, Mo-
have County, Arizona— 
(A) SW1/4 sec. 25; and 
(B) NE1/4 and NE1/4 SE1/4 sec. 35. 
(b) RESERVATION STATUS.—The land taken into 
trust under subsection (a) shall be part of the Hualapai 
Reservation and administered in accordance with the laws 
and regulations generally applicable to land held in trust 
by the United States for an Indian Tribe. 
(c) VALID EXISTING RIGHTS.—The land taken into 
trust under subsection (a) shall be subject to valid existing 
rights, including easements, rights-of-way, contracts, and 
management agreements. 
(d) LIMITATIONS.—Nothing in subsection (a) af-
fects—
254 
(1) any water right of the Hualapai Tribe in ex-
istence under State law before the date of the enact-
ment of this Act; or 
(2) any right or claim of the Hualapai Tribe to 
any land or interest in land in existence before the 
date of the enactment of this title. 
(e) FUTURE TRUST LAND.— 
(1) NEW STATUTORY REQUIREMENT.—Effective 
beginning on the date of the enactment of this title, 
and except as provided in subsection (a), any land 
located in the State outside the exterior boundaries 
of the Hualapai Reservation may only be taken into 
trust by the United States for the benefit of the 
Hualapai Tribe by an Act of Congress— 
(A) that specifically authorizes the transfer 
of the land for the benefit of the Hualapai 
Tribe; and 
(B) the date of the enactment of which is 
after the date of the enactment of this title. 
(2) WATER RIGHTS.—Any land taken into trust 
for the benefit of the Hualapai Tribe under para-
graph (1)— 
(A) shall include water rights only under 
State law; and
256 
557.50 AFY of the Hualapai Tribe CAP water 
to the equivalent of CAP M&I priority water. 
(2) 
ADDITIONAL
FIRMING.—The 
Hualapai 
Tribe may, at the expense of the Hualapai Tribe, 
take additional actions to firm or supplement the 
Hualapai Tribe CAP water, including by entering 
into agreements for that purpose with the Central 
Arizona Water Conservation District, the Arizona 
Water Banking Authority, or any other lawful au-
thority, in accordance with State law. 
(c) HUALAPAI
TRIBE
WATER
DELIVERY
CON-
TRACT.— 
(1) IN
GENERAL.—In accordance with the 
Hualapai Tribe water rights settlement agreement 
and the requirements described in paragraph (2), 
the Secretary shall enter into the Hualapai Tribe 
water delivery contract. 
(2) REQUIREMENTS.—The requirements re-
ferred to in paragraph (1) are the following: 
(A) IN
GENERAL.—The Hualapai Tribe 
water delivery contract shall— 
(i) be for permanent service (as that 
term is used in section 5 of the Boulder 
Canyon Project Act (43 U.S.C. 617d));
257 
(ii) take effect on the Enforceability 
Date; and 
(iii) be without limit as to term. 
(B) HUALAPAI TRIBE CAP WATER.— 
(i) 
IN
GENERAL.—The 
Hualapai 
Tribe CAP water may be delivered for use 
in the lower basin in the State through— 
(I) the Hualapai Water Project; 
or 
(II) the CAP system. 
(ii) METHOD
OF
DELIVERY.—The 
Secretary shall authorize the delivery of 
Hualapai Tribe CAP water under this sub-
paragraph to be effected by the diversion 
and use of water directly from the Colo-
rado River in the State. 
(C) CONTRACTUAL DELIVERY.—The Sec-
retary shall deliver the Hualapai Tribe CAP 
water to the Hualapai Tribe in accordance with 
the terms and conditions of the Hualapai Tribe 
water delivery contract. 
(D) DISTRIBUTION OF CAP NIA PRIORITY 
WATER.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), if, for any year, the available
258 
CAP supply is insufficient to meet all de-
mands under CAP contracts and CAP sub-
contracts for the delivery of CAP NIA pri-
ority water, the Secretary and the CAP op-
erating agency shall prorate the available 
CAP NIA priority water among the CAP 
contractors and CAP subcontractors hold-
ing contractual entitlements to CAP NIA 
priority water on the basis of the quantity 
of CAP NIA priority water used by each 
such CAP contractor and CAP subcon-
tractor in the last year in which the avail-
able CAP supply was sufficient to fill all 
orders for CAP NIA priority water. 
(ii) EXCEPTION.— 
(I) 
IN
GENERAL.—Notwith-
standing clause (i), if the available 
CAP supply is insufficient to meet all 
demands under CAP contracts and 
CAP subcontracts for the delivery of 
CAP NIA priority water in the year 
following the year in which the En-
forceability Date occurs, the Secretary 
shall assume that the Hualapai Tribe 
used the full volume of Hualapai
259 
Tribe CAP water in the last year in 
which the available CAP supply was 
sufficient to fill all orders for CAP 
NIA priority water. 
(II) 
CONTINUATION.—The 
as-
sumption described in subclause (I) 
shall continue until the available CAP 
supply is sufficient to meet all de-
mands under CAP contracts and CAP 
subcontracts for the delivery of CAP 
NIA priority water. 
(III) 
DETERMINATION.—The 
Secretary shall determine the quantity 
of CAP NIA priority water used by 
the Gila River Indian Community and 
the Tohono O’odham Nation in the 
last year in which the available CAP 
supply was sufficient to fill all orders 
for CAP NIA priority water in a man-
ner consistent with the settlement 
agreements with those Tribes. 
(E) 
LEASES
AND
EXCHANGES
OF 
HUALAPAI TRIBE CAP WATER.—On and after 
the date on which the Hualapai Tribe water de-
livery contract becomes effective, the Hualapai
260 
Tribe may, with the approval of the Secretary, 
enter into contracts or options to lease, or con-
tracts or options to exchange, the Hualapai 
Tribe CAP water within the lower basin in the 
State, and not in Navajo, Apache, or Cochise 
counties, providing for the temporary delivery 
to other persons of any portion of Hualapai 
Tribe CAP water. 
(F) TERM OF LEASES AND EXCHANGES.— 
(i) LEASING.—Contracts or options to 
lease under subparagraph (E) shall be for 
a term of not more than 100 years. 
(ii) EXCHANGING.—Contracts or op-
tions to exchange under subparagraph (E) 
shall be for the term provided for in the 
contract or option, as applicable. 
(iii) RENEGOTIATION.—The Hualapai 
Tribe may, with the approval of the Sec-
retary, renegotiate any lease described in 
subparagraph (E), at any time during the 
term of the lease, if the term of the re-
negotiated lease does not exceed 100 years. 
(G) PROHIBITION ON PERMANENT ALIEN-
ATION.—No Hualapai Tribe CAP water may be 
permanently alienated.
261 
(H) NO
FIRMING
OF
LEASED
WATER.— 
The firming obligations described in subsection 
(b)(1) shall not apply to any Hualapai Tribe 
CAP water leased by the Hualapai Tribe to an-
other person. 
(I) ENTITLEMENT
TO
LEASE
AND
EX-
CHANGE
FUNDS; 
OBLIGATIONS
OF
UNITED 
STATES.— 
(i) ENTITLEMENT.— 
(I) IN GENERAL.—The Hualapai 
Tribe shall be entitled to all consider-
ation due to the Hualapai Tribe under 
any contract to lease, option to lease, 
contract to exchange, or option to ex-
change the Hualapai Tribe CAP water 
entered into by the Hualapai Tribe. 
(II) EXCLUSION.—The United 
States shall not, in any capacity, be 
entitled to the consideration described 
in subclause (I). 
(ii) 
OBLIGATIONS
OF
UNITED 
STATES.—The United States shall not, in 
any capacity, have any trust or other obli-
gation to monitor, administer, or account 
for, in any manner, any funds received by
262 
the Hualapai Tribe as consideration under 
any contract to lease, option to lease, con-
tract to exchange, or option to exchange 
the Hualapai Tribe CAP water entered 
into by the Hualapai Tribe, except in a 
case in which the Hualapai Tribe deposits 
the proceeds of any lease, option to lease, 
contract to exchange, or option to ex-
change into an account held in trust for 
the Hualapai Tribe by the United States. 
(J) WATER USE AND STORAGE.— 
(i) 
IN
GENERAL.—The 
Hualapai 
Tribe may use the Hualapai Tribe CAP 
water on or off the Hualapai Reservation 
within the lower basin in the State for any 
purpose. 
(ii) STORAGE.—The Hualapai Tribe, 
in accordance with State law, may store 
the Hualapai Tribe CAP water at 1 or 
more underground storage facilities or 
groundwater savings facilities, subject to 
the condition that, if the Hualapai Tribe 
stores Hualapai Tribe CAP water that has 
been firmed pursuant to subsection (b)(1), 
the stored water may only be—
263 
(I) used by the Hualapai Tribe; 
or 
(II) exchanged by the Hualapai 
Tribe for water that will be used by 
the Hualapai Tribe. 
(iii) 
ASSIGNMENT.—The 
Hualapai 
Tribe, in accordance with State law, may 
assign any long-term storage credit ac-
crued as a result of storage described in 
clause (ii), subject to the condition that the 
Hualapai Tribe shall not assign any long- 
term storage credit accrued as a result of 
the storage of Hualapai Tribe CAP water 
that has been firmed pursuant to sub-
section (b)(1). 
(K) 
USE
LIMITATION.—The 
Hualapai 
Tribe may not use, lease, exchange, forbear, or 
otherwise transfer any Hualapai Tribe CAP 
water for use directly or indirectly outside of 
the lower basin in the State or in Navajo, 
Apache, or Cochise counties. 
(L) CAP FIXED OM&R CHARGES.— 
(i) IN GENERAL.—The CAP operating 
agency shall be paid the CAP fixed OM&R
264 
charges associated with the delivery of all 
Hualapai Tribe CAP water. 
(ii) PAYMENT OF CHARGES.—Except 
as provided in subparagraph (O), all CAP 
fixed OM&R charges associated with the 
delivery of the Hualapai Tribe CAP water 
to the Hualapai Tribe shall be paid by— 
(I) the Secretary, pursuant to 
section 403(f)(2)(A) of the Colorado 
River Basin Project Act (43 U.S.C. 
1543(f)(2)(A)), subject to the condi-
tion that funds for that payment are 
available in the Lower Colorado River 
Basin Development Fund; and 
(II) if the funds described in sub-
clause (I) become unavailable, the 
Hualapai Tribe. 
(M) CAP PUMPING ENERGY CHARGES.— 
(i) IN GENERAL.—The CAP operating 
agency shall be paid the CAP pumping en-
ergy charges associated with the delivery of 
Hualapai Tribe CAP water only in cases in 
which the CAP system is used for the de-
livery of that water.
265 
(ii) PAYMENT OF CHARGES.—Except 
for CAP water not delivered through the 
CAP system, which does not incur a CAP 
pumping energy charge, or water delivered 
to other persons as described in subpara-
graph (O), any applicable CAP pumping 
energy charges associated with the delivery 
of the Hualapai Tribe CAP water shall be 
paid by the Hualapai Tribe. 
(N) WAIVER OF PROPERTY TAX EQUIVA-
LENCY PAYMENTS.—No property tax or in-lieu 
property tax equivalency shall be due or payable 
by the Hualapai Tribe for the delivery of CAP 
water or for the storage of CAP water in an un-
derground storage facility or groundwater sav-
ings facility. 
(O) 
LESSEE
RESPONSIBILITY
FOR 
CHARGES.— 
(i) IN GENERAL.—Any lease or option 
to lease providing for the temporary deliv-
ery to other persons of any Hualapai Tribe 
CAP water shall require the lessee to pay 
the CAP operating agency all CAP fixed 
OM&R charges and all CAP pumping en-
266 
ergy charges associated with the delivery of 
the leased water. 
(ii) NO
RESPONSIBILITY
FOR
PAY-
MENT.—Neither the Hualapai Tribe nor 
the United States in any capacity shall be 
responsible for the payment of any charges 
associated 
with 
the 
delivery 
of 
the 
Hualapai Tribe CAP water leased to other 
persons. 
(P) ADVANCE
PAYMENT.—No Hualapai 
Tribe CAP water shall be delivered unless the 
CAP fixed OM&R charges and any applicable 
CAP pumping energy charges associated with 
the delivery of that water have been paid in ad-
vance. 
(Q) CALCULATION.—The charges for deliv-
ery of the Hualapai Tribe CAP water pursuant 
to the Hualapai Tribe water delivery contract 
shall be calculated in accordance with the CAP 
repayment stipulation. 
(R) CAP
REPAYMENT.—For purposes of 
determining the allocation and repayment of 
costs of any stages of the CAP system con-
structed after November 21, 2007, the costs as-
sociated with the delivery of the Hualapai Tribe
267 
CAP water, regardless of whether the Hualapai 
Tribe CAP water is delivered for use by the 
Hualapai Tribe or in accordance with any lease, 
option to lease, exchange, or option to exchange 
providing for the delivery to other persons of 
the Hualapai Tribe CAP water, shall be— 
(i) nonreimbursable; and 
(ii) excluded from the repayment obli-
gation of the Central Arizona Water Con-
servation District. 
(S) NONREIMBURSABLE
CAP
CONSTRUC-
TION COSTS.— 
(i) IN GENERAL.—With respect to the 
costs associated with the construction of 
the CAP system allocable to the Hualapai 
Tribe— 
(I) the costs shall be nonreim-
bursable; and 
(II) the Hualapai Tribe shall 
have no repayment obligation for the 
costs. 
(ii) CAPITAL
CHARGES.—No CAP 
water service capital charges shall be due 
or payable for the Hualapai Tribe CAP
268 
water, regardless of whether the Hualapai 
Tribe CAP water is delivered— 
(I) for use by the Hualapai 
Tribe; or 
(II) under any lease, option to 
lease, exchange, or option to exchange 
entered into by the Hualapai Tribe. 
(d) COLORADO RIVER ACCOUNTING.—All Hualapai 
Tribe CAP water diverted directly from the Colorado 
River shall be accounted for as deliveries of CAP water 
within the State. 
SEC. 514. ENFORCEABILITY DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(d), the Hualapai Tribe water rights settlement agree-
ment, including the waivers and releases of claims de-
scribed in section 509, shall take effect and be fully en-
forceable on the date on which the Secretary publishes in 
the Federal Register a statement of findings that— 
(1) to the extent the Hualapai Tribe water 
rights settlement agreement conflicts with this 
title— 
(A) the Hualapai Tribe water rights settle-
ment agreement has been revised through an 
amendment to eliminate the conflict; and
269 
(B) the revised Hualapai Tribe water 
rights settlement agreement, including any ex-
hibits requiring execution by any party to the 
Hualapai Tribe water rights settlement agree-
ment, has been executed by the required party; 
(2) the waivers and releases of claims described 
in section 509 have been executed by the Hualapai 
Tribe and the United States; 
(3) the abstracts referred to in subparagraphs 
4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe 
water rights settlement agreement have been com-
pleted by the Hualapai Tribe; 
(4) the full amount described in section 
507(a)(1), as adjusted by section 507(b), has been 
deposited in the Hualapai Water Trust Fund Ac-
count; 
(5) the Gila River adjudication decree has been 
approved by the Gila River adjudication court sub-
stantially in the form of the judgment and decree at-
tached to the Hualapai Tribe water rights settlement 
agreement as Exhibit 3.1.43, as amended to ensure 
consistency with this title; 
(6) the Secretary has executed the Hualapai 
Tribe water delivery contract described in section 
513(c); and
270 
(7) the Secretary has issued the record of deci-
sion required by section 508(d). 
(b) REPEAL ON FAILURE TO MEET ENFORCEABILITY 
DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), if the Secretary fails to publish in the 
Federal Register a statement of findings under sub-
section (a) by April 15, 2029, or such alternative 
later date as may be agreed to by the Hualapai 
Tribe, the Secretary, and the State— 
(A) this title is repealed; 
(B) any action taken by the Secretary and 
any contract or agreement entered into pursu-
ant to this title shall be void; and 
(C) any amounts appropriated under sec-
tion 507, together with any investment earnings 
on those amounts, less any amounts expended 
under section 506(a)(4)(B), shall revert imme-
diately to the general fund of the Treasury. 
(2) 
SEVERABILITY.—Notwithstanding 
para-
graph (1), if the Secretary fails to publish in the 
Federal Register a statement of findings under sub-
section (a) by April 15, 2029, or such alternative 
later date as may be agreed to by the Hualapai 
Tribe, the Secretary, and the State, section 511 and
271 
subsections (a), (b), (c), and (d) of section 512 shall 
remain in effect. 
(c) RIGHT TO OFFSET.—If the Secretary has not 
published in the Federal Register the statement of find-
ings under subsection (a) by April 15, 2029, or such alter-
native later date as may be agreed to by the Hualapai 
Tribe, the Secretary, and the State, the United States 
shall be entitled to offset any Federal amounts made avail-
able under section 506(a)(4)(B) that were used or author-
ized for any use under that section against any claim as-
serted by the Hualapai Tribe against the United States 
described in section 509(a)(2)(A). 
(d) BILL WILLIAMS RIVER PHASE 2 ENFORCE-
ABILITY DATE.—Notwithstanding any other provision of 
this title, the Bill Williams River phase 2 water rights set-
tlement agreement (including the waivers and releases de-
scribed in section 509(d) of this title and section 5 of the 
Bill Williams River phase 2 water rights settlement agree-
ment) shall take effect and become enforceable among the 
parties to the Bill Williams River phase 2 water rights 
settlement agreement on the date on which all of the fol-
lowing conditions have occurred: 
(1) The Hualapai Tribe water rights settlement 
agreement has become enforceable pursuant to sub-
section (a).
273 
(A) IN
GENERAL.—In any circumstance 
described in paragraph (2)— 
(i) the United States or the Hualapai 
Tribe may be joined in the action described 
in the applicable subparagraph of that 
paragraph; and 
(ii) subject to subparagraph (B), any 
claim by the United States or the Hualapai 
Tribe to sovereign immunity from the ac-
tion is waived. 
(B) LIMITATION.—A waiver under sub-
paragraph (A)(ii)— 
(i) shall only be for the limited and 
sole purpose of the interpretation or en-
forcement of— 
(I) this title; 
(II) the Hualapai Tribe water 
rights settlement agreement, as rati-
fied by this title; or 
(III) the Bill Williams River 
phase 2 water right settlement agree-
ment, as ratified by this title; and 
(ii) shall not include any award 
against the United States or the Hualapai
274 
Tribe for money damages, court costs, or 
attorney fees. 
(2) 
CIRCUMSTANCES
DESCRIBED.—A 
cir-
cumstance referred to in paragraph (1)(A) is any of 
the following: 
(A) Any party to the Hualapai Tribe water 
rights settlement agreement— 
(i) brings an action in any court of 
competent jurisdiction relating only and di-
rectly to the interpretation or enforcement 
of— 
(I) this title; or 
(II) the Hualapai Tribe water 
rights settlement agreement; and 
(ii) names the United States or the 
Hualapai Tribe as a party in that action. 
(B) Any landowner or water user in the 
Verde River Watershed— 
(i) brings an action in any court of 
competent jurisdiction relating only and di-
rectly to the interpretation or enforcement 
of— 
(I) 
paragraph 
10.0 
of 
the 
Hualapai Tribe water rights settle-
ment agreement;
275 
(II) 
Exhibit 
3.1.43 
to 
the 
Hualapai Tribe water rights settle-
ment agreement; or 
(III) section 509; and 
(ii) names the United States or the 
Hualapai Tribe as a party in that action. 
(C) Any party to the Bill Williams River 
phase 2 settlement agreement— 
(i) brings an action in any court of 
competent jurisdiction relating only and di-
rectly to the interpretation or enforcement 
of— 
(I) this title; or 
(II) the Bill Williams River phase 
2 settlement agreement; and 
(ii) names the United States or the 
Hualapai Tribe as a party in that action. 
(b) EFFECT ON CURRENT LAW.—Nothing in this 
section alters the law with respect to pre-enforcement re-
view of Federal environmental or safety-related enforce-
ment actions. 
(c) BASIN
GROUNDWATER
WITHDRAWAL
ESTI-
MATES.— 
(1) 
GROUNDWATER
WITHDRAWAL
ESTI-
MATES.—
276 
(A) IN GENERAL.—Not later than 1 year 
of the date of the enactment of this title, the 
Secretary, acting through the United States Ge-
ological Survey Water Use Program, shall issue 
an estimate for groundwater withdrawals in the 
Truxton Basin outside the boundaries of the 
Hualapai Reservation. 
(B) ANNUAL ESTIMATES.—Each year after 
publication of the initial estimate required by 
subparagraph 
(A), 
the 
Secretary, 
acting 
through the United States Geological Survey 
Water Use Program, shall issue an estimate for 
groundwater withdrawals in the Truxton Basin 
outside the boundaries of the Hualapai Res-
ervation until such time as the Secretary, after 
consultation with the Hualapai Tribe, deter-
mines that annual estimates are not warranted. 
(2) NOTICE TO THE STATE.—Based on the esti-
mates under paragraph (1), the Secretary shall no-
tify the State, in writing, if the total withdrawal of 
groundwater from the Truxton Basin outside the 
boundaries of the Hualapai Reservation exceeds the 
estimate prepared pursuant to that paragraph by 
3,000 or more AFY, exclusive of any diversion or 
use of groundwater on Hualapai fee land and any
277 
land acquired by the Hualapai Tribe, including by a 
tribally owned corporation, in fee after the Enforce-
ability Date. 
(d) ANTIDEFICIENCY.—Notwithstanding any author-
ization of appropriations to carry out this title, the United 
States shall not be liable for any failure of the United 
States to carry out any obligation or activity authorized 
by this title (including all agreements or exhibits ratified 
or confirmed by this title) if— 
(1) adequate appropriations are not provided 
expressly by Congress to carry out the purposes of 
this title; or 
(2) there are not enough monies available to 
carry out this title in the Lower Colorado River 
Basin Development Fund. 
(e) APPLICATION OF RECLAMATION REFORM ACT OF 
1982.—The Reclamation Reform Act of 1982 (43 U.S.C. 
390aa et seq.) and any other acreage limitation or full- 
cost pricing provision of Federal law shall not apply to 
any person, entity, or tract of land solely on the basis of— 
(1) receipt of any benefit under this title; 
(2) execution or performance of this title; or 
(3) the use, storage, delivery, lease, or exchange 
of CAP water. 
(f) EFFECT.—
278 
(1) NO
MODIFICATION
OR
PREEMPTION
OF 
OTHER LAW.—Unless expressly provided in this title, 
nothing in this title modifies, conflicts with, pre-
empts, or otherwise affects— 
(A) the Boulder Canyon Project Act (43 
U.S.C. 617 et seq.); 
(B) the Boulder Canyon Project Adjust-
ment Act (43 U.S.C. 618 et seq.); 
(C) the Act of April 11, 1956 (commonly 
known as the ‘‘Colorado River Storage Project 
Act’’) (43 U.S.C. 620 et seq.); 
(D) the Colorado River Basin Project Act 
(Public Law 90–537; 82 Stat. 885); 
(E) the Treaty between the United States 
of America and Mexico respecting utilization of 
waters of the Colorado and Tijuana Rivers and 
of the Rio Grande, signed at Washington Feb-
ruary 3, 1944 (59 Stat. 1219); 
(F) the Colorado River Compact; 
(G) the Upper Colorado River Basin Com-
pact; 
(H) the Omnibus Public Land Manage-
ment Act of 2009 (Public Law 111–11; 123 
Stat. 991); or
279 
(I) case law concerning water rights in the 
Colorado River system other than any case to 
enforce the Hualapai Tribe water rights settle-
ment agreement or this title. 
(2) EFFECT ON AGREEMENTS.—Nothing in this 
title or the Hualapai Tribe water rights settlement 
agreement limits the right of the Hualapai Tribe to 
enter into any agreement for the storage or banking 
of water in accordance with State law with— 
(A) the Arizona Water Banking Authority 
(or a successor agency or entity); or 
(B) any other lawful authority. 
(3) EFFECT OF TITLE.—Nothing in this title— 
(A) quantifies or otherwise affects the 
water rights, claims, or entitlements to water of 
any Indian Tribe other than the Hualapai 
Tribe; 
(B) affects the ability of the United States 
to take action on behalf of any Indian Tribe 
other than the Hualapai Tribe, the members of 
the Hualapai Tribe, and the allottees; or 
(C) limits the right of the Hualapai Tribe 
to use any water of the Hualapai Tribe in any 
location on the Hualapai Reservation.
280 
TITLE VI—WATER DATA 
SEC. 601. DEFINITIONS. 
In this title: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Advisory Committee on 
Water Information established by section 604(a). 
(2) COUNCIL.—The term ‘‘Council’’ means the 
Water Data Council established under section 
603(a). 
(3) DATA STANDARDS.—The term ‘‘data stand-
ards’’ means standards relating to the manner in 
which data and metadata are to be structured, popu-
lated, and encoded in machine-readable formats, and 
made interoperable for data exchange. 
(4) DEPARTMENTS.—The term ‘‘Departments’’ 
means each of the following: 
(A) The Department of Agriculture. 
(B) The Department of Commerce. 
(C) The Department of Defense. 
(D) The Department of Energy. 
(E) The Department of Health and 
Human Services. 
(F) The Department of Homeland Secu-
rity. 
(G) The Department of the Interior.
281 
(H) The Environmental Protection Agency. 
(I) The National Aeronautics and Space 
Administration. 
(5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(6) NATIONAL
WATER
DATA
FRAMEWORK.— 
The term ‘‘National Water Data Framework’’ means 
the national water data framework developed under 
section 602. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(8) WATER
DATA.—The term ‘‘water data’’ 
means measurements and observations of basic prop-
erties relating to the planning and management of 
water resources, including streamflow, precipitation, 
groundwater, soil moisture, snow, evaporation, water 
quality, and water use in agriculture, industry, nat-
ural systems, and municipal uses. 
(9) WATER DATA GRANT PROGRAM.—The term 
‘‘Water Data Grant Program’’ means the water data 
grant program established under section 605(a). 
(10) WATER
DATA
INFRASTRUCTURE.—The 
term ‘‘water data infrastructure’’ means an inte-
282 
grated system of information technologies that in-
cludes common data standards and metadata, data 
formats, geospatial referencing, and tools to make 
water data available, easy to find, access, and share 
online. 
SEC. 602. NATIONAL WATER DATA FRAMEWORK. 
(a) IN GENERAL.—For the purpose of improving 
water resources management and access across the United 
States, including addressing drought, floods, and other 
water management challenges, the heads of the Depart-
ments shall jointly develop and implement a national water 
data framework for observing, integrating, sharing, and 
using water data. 
(b) REQUIREMENTS.—In developing and imple-
menting the National Water Data Framework, the De-
partments shall— 
(1) identify and prioritize key water data need-
ed to support water resources management and 
planning, including— 
(A) water data sets, types, observations, 
and associated metadata; and 
(B) 
water 
data 
infrastructure, 
tech-
nologies, and tools; 
(2) develop and adopt common national water 
data standards for collecting, sharing, and inte-
283 
grating water data, infrastructure, technologies, and 
tools in consultation with States, Indian Tribes, local 
governments, and relevant bodies; 
(3) ensure that Federal water data are made 
findable, accessible, interoperable, and reusable in 
accordance with the standards developed and adopt-
ed pursuant to this title; 
(4) integrate water data and tools through com-
mon approaches to data and observing infrastruc-
ture, platforms, models, and tool development; 
(5) establish a common, national geospatial 
index for publishing and linking water data from 
Federal, State, Tribal, and other non-Federal 
sources for online discovery; 
(6) harmonize and align policies, programs, pro-
tocols, budgets, and funding programs relating to 
water data to achieve the purposes of this title, as 
appropriate; 
(7) participate in and coordinate water data ac-
tivities with the Council; and 
(8) support the adoption of new technologies 
and the development of tools for water data collec-
tion, observing, sharing, and standardization by 
Federal, State, Tribal, local, and other entities.
284 
SEC. 603. WATER DATA COUNCIL. 
(a) IN GENERAL.—The heads of the Departments 
shall establish an interagency Council, to be known as the 
‘‘Water Data Council’’, to support the development and 
implementation of the National Water Data Framework. 
(b) MEMBERSHIP.— 
(1) DUTIES
OF
SECRETARY.—The Secretary, 
acting through the Director of the United States Ge-
ological Survey, shall— 
(A) serve as the Chair of the Council; 
(B) in collaboration with the Administra-
tors of the National Oceanic and Atmospheric 
Administration and Environmental Protection 
Agency, and the Director of the Office of 
Science and Technology Policy, convene the 
Council not less frequently than 4 times each 
year; and 
(C) provide staff support for the Council 
through the United States Geological Survey. 
(2) MEMBERS.—Council Members shall include 
the heads of the following entities: 
(A) The Departments. 
(B) Bureaus and offices of the Depart-
ments that have a significant role or interest in 
water data, including— 
(i) the Corps of Engineers;
285 
(ii) the Bureau of Indian Affairs; 
(iii) the Bureau of Reclamation; 
(iv) the Federal Emergency Manage-
ment Agency; 
(v) the Federal Energy Regulatory 
Commission; 
(vi) the United States Fish and Wild-
life Service; 
(vii) the Indian Health Service; 
(viii) the Forest Service; 
(ix) the National Laboratories; 
(x) the Natural Resources Conserva-
tion Service; 
(xi) the National Oceanic and Atmos-
pheric Administration; and 
(xii) the Rural Development program 
of the Department of Agriculture. 
(C) Offices of the Executive Office of the 
President, including— 
(i) the Council on Environmental 
Quality; 
(ii) the Office of Management and 
Budget; and 
(iii) the Office of Science and Tech-
nology Policy.
286 
(D) Other Federal entities that the Chair 
and a majority of the members of the Council 
described in subparagraphs (A) through (C) de-
termine to be appropriate. 
(c) DUTIES.—The Council shall— 
(1) support the development and implementa-
tion of the National Water Data Framework; and 
(2) facilitate communication and collaboration 
among members of the Council— 
(A) to establish, adopt, and implement 
common national water data standards; 
(B) to promote water data sharing and in-
tegration across Federal departments and agen-
cies, including— 
(i) water data collection, observation, 
documentation, maintenance, distribution, 
and preservation strategies; and 
(ii) development and use of water data 
infrastructure, tools, and technologies to 
support water management and planning; 
(C) to align the policies, programs, proto-
cols, budgets, and funding programs relating to 
water data of the members of the Council, as 
appropriate; and
287 
(D) to promote partnerships across Fed-
eral entities and non-Federal entities— 
(i) to advance innovation and solu-
tions in water data, technology, tools, plan-
ning, and management; and 
(ii) to develop guidelines for data 
sharing and protecting data privacy and 
security. 
(d) WATER DATA COUNCIL REPORTS.—Not later 
than 180 days after the date of enactment of this Act, 
and annually thereafter, in conjunction with the annual 
budget submission of the President to Congress under sec-
tion 1105(a) of title 31, United States Code, the Sec-
retary, acting on behalf of the Council, shall submit to 
members of the Council and the appropriate committees 
of Congress and make available publicly online a report 
that describes— 
(1) the National Water Data Framework; 
(2) the actions undertaken by the Departments 
to implement this title pursuant to section 602; 
(3) key water data sets, types, and infrastruc-
ture needed to support water management and plan-
ning;
288 
(4) goals, targets, and actions to carry out the 
National Water Data Framework in the subsequent 
fiscal year; 
(5) a summary and evaluation of the progress 
of the Departments in achieving any prior goals, tar-
gets, and actions to carry out the National Water 
Data Framework; 
(6) recommendations to align policies, pro-
grams, and budgetary resources to carry out the Na-
tional Water Data Framework, where appropriate, 
in the subsequent fiscal year; 
(7) grants and assistance provided to State, 
Tribal, and local entities toward the development 
and adoption of new technologies and tools; 
(8) opportunities to develop and incentivize the 
deployment of promising next-generation tech-
nologies, including new water data technologies and 
tools, in partnership with the private sector and oth-
ers to accomplish the purposes of this title; and 
(9) metrics for achieving the National Water 
Data Framework. 
SEC. 604. ADVISORY COMMITTEE ON WATER INFORMATION. 
(a) ESTABLISHMENT.—There is established within 
the Department of the Interior an advisory committee, to 
be known as the ‘‘Advisory Committee on Water Informa-
289 
tion’’, to advise the Secretary, Departments, and Council 
on the development and implementation of the National 
Water Data Framework. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Advisory Committee 
shall be composed of members, to be appointed by 
the Secretary, in consultation with the Administra-
tors of the National Oceanic and Atmospheric Ad-
ministration and the Environmental Protection 
Agency, in a manner that provides for— 
(A) balanced representation among various 
entities involved in water-related activities; and 
(B) consideration for a geographic balance 
of individuals representing localities across the 
United States. 
(2) SELECTION.—Members of the Advisory 
Committee shall be selected by the Secretary from 
among entities involved in water-related activities, 
including— 
(A) States; 
(B) Indian Tribes; 
(C) local governments; 
(D) Federal entities;
290 
(E) water agencies, utilities, conservation 
districts, irrigation districts, acequias, and 
other water user associations; 
(F) organizations that facilitate collabora-
tion across States and multi-state instrumental-
ities; 
(G) educational institutions; 
(H) professional organizations; 
(I) water data and technology-related ex-
perts, professionals, and industries; 
(J) private sector entities; and 
(K) nonprofit organizations. 
(3) TERM.—Members of the Advisory Com-
mittee shall be appointed by the Secretary for a 
term not to exceed 4 years. 
(c) CHAIR.—The Secretary shall serve as the Chair 
of the Advisory Committee. 
(d) STAFF SUPPORT.—The United States Geological 
Survey shall provide support services for the Advisory 
Committee. 
(e) MEETINGS.—The Advisory Committee shall meet 
at the call of the Chair, but not less frequently than 4 
times each year.
291 
(f) DUTIES.—The duties of the Advisory Committee 
are to advise the Secretary, Departments, and Council 
on— 
(1) the development and implementation of the 
National Water Data Framework; 
(2) efforts to operate a cost-effective national 
network of water data collection and analysis that 
meets the priority water information needs of the 
Federal Government and, to the extent practicable 
using available resources, the needs of the non-Fed-
eral community that are tied to national interests; 
(3) efforts to develop uniform standards, guide-
lines, and procedures for the collection, analysis, 
management, and dissemination of water informa-
tion to improve quality, consistency, and accessibility 
nationwide; and 
(4) the effectiveness of existing water informa-
tion programs and recommended modifications need-
ed to respond to changes in legislation, technology, 
and other conditions. 
(g) COORDINATION.—To the extent practicable, the 
Advisory Committee shall coordinate with the National 
Water Quality Monitoring Council and other water data 
related entities convened by the Federal Government.
292 
(h) REPORT.—Not later than two years after the date 
of enactment of this Act, and every two years thereafter, 
the Advisory Committee shall submit a report of activities 
carried out by the Advisory Committee and a rec-
ommendation to continue, modify the duties of, or termi-
nate the Advisory Committee. 
(i) APPLICABILITY OF FACA.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal Advisory Committee Act (5 
U.S.C. App.) shall apply to the Advisory Committee. 
(2) NO TERMINATION.—Section 14(a)(2) of the 
Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Advisory Committee. 
SEC. 605. WATER DATA GRANT PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a 
water data grant program under which the Secretary shall 
award grants— 
(1) to support non-Federal entities in making 
water data sets findable, accessible, interoperable, 
and reusable in accordance with the water data 
standards established under this title; 
(2) to advance the development of water data 
infrastructure, observations, tools, and technologies 
to facilitate the sharing and use of water data;
293 
(3) to support programs and projects that fa-
cilitate water data sharing and use in water re-
sources management and the implementation of the 
National Water Data Framework; and 
(4) to provide a prize for accelerating innova-
tion and developing next-generation water data tools 
and technologies. 
(b) COORDINATION WITH THE COUNCIL.—The Sec-
retary shall consult and coordinate with the Council in cre-
ating and implementing the Water Data Grant Program 
to ensure that— 
(1) the Water Data Grant Program is aligned 
with and carries out the purposes of this title; and 
(2) grants and programs are harmonized across 
the Departments and members of the Council to 
achieve the purposes of this title, as appropriate. 
(c) ELIGIBLE ENTITIES.—An entity eligible for a 
grant under the Water Data Grant Program— 
(1) shall demonstrate significant needs or capa-
bilities for advancing water data sharing and tools 
with a significant public benefit; and 
(2) may include— 
(A) a State, multistate instrumentality, In-
dian Tribe, or other unit of local government;
294 
(B) a water agency, utility, conservation 
district, irrigation district, acequia, mutual do-
mestic association, or other entity organized 
pursuant to Federal, Tribal, or local laws for 
the purpose of water-related activities; 
(C) an educational institution or nonprofit 
organization; and 
(D) in the case of carrying out activities 
described in subsection (a)(4)— 
(i) an individual who is a citizen or 
legal resident of the United States; or 
(ii) an entity that is incorporated and 
maintains the primary place of business of 
the entity in the United States. 
(d) REQUIREMENTS.— 
(1) DATA
SHARING
AND
STANDARDS.—Any 
project funded through the Water Data Grant Pro-
gram shall be implemented in accordance with the 
water data standards established under section 602. 
(2) USE
OF
EXISTING
WATER
DATA
INFRA-
STRUCTURE.—The recipient of a grant shall, to the 
extent practicable, leverage existing water data and 
water data infrastructure. 
(e) REPORT.—Not later than 1 year after the date 
of enactment of this Act, and annually thereafter, in con-
295 
junction with the annual budget submission of the Presi-
dent to Congress under section 1105(a) of title 31, United 
States Code, the Secretary shall submit to Congress a re-
port that describes the implementation of the Water Data 
Grant Program, including— 
(1) a description of the use and deployment of 
amounts made available under the Water Data 
Grant Program; 
(2) an accounting of all grants awarded under 
the Water Data Grant Program, including a descrip-
tion of— 
(A) each grant recipient; and 
(B) each project funded under the Water 
Data Grant Program; 
(3) an assessment of the success of the Water 
Data Grant Program in advancing the purposes of 
this title; and 
(4) a plan for the subsequent fiscal year to 
achieve the purposes of this title. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out the Water Data Grant Program $25,000,000 for each 
of fiscal years 2023 through 2027, to remain available 
until expended.
296 
(g) ADMINISTRATIVE COSTS.—Of the funds author-
ized to be appropriated under subsection (f), not more 
than 3 percent is authorized to be appropriated for admin-
istrative costs to carry out the Water Data Grant Pro-
gram. 
SEC. 606. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to the Secretary to carry out sections 602 through 
604 $15,000,000 for each of fiscal years 2023 through 
2027, to remain available until expended. 
(b) TRANSFER OF FUNDS.—The Secretary may, to 
the extent provided in advance in appropriations Acts, 
transfer to the Departments, including the Environmental 
Protection Agency, funds made available under subsection 
(a) to carry out sections 602 through 604. 
TITLE VII—NOGALES 
WASTEWATER IMPROVEMENT 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Nogales Wastewater 
Improvement Act of 2022’’. 
SEC. 702. AMENDMENTS TO THE ACT OF JULY 27, 1953. 
The first section of the Act of July 27, 1953 (67 Stat. 
195, chapter 242; 22 U.S.C. 277d–10), is amended by 
striking the period at the end and inserting ‘‘: Provided 
further, That the equitable portion of the Nogales sanita-
297 
tion project for the city of Nogales, Arizona, shall be lim-
ited to the costs directly associated with the treatment and 
conveyance of the wastewater of the city and, to the extent 
practicable, shall not include any costs directly associated 
with the quality or quantity of wastewater originating in 
Mexico.’’. 
SEC. 703. NOGALES SANITATION PROJECT. 
(a) DEFINITIONS.—In this section: 
(1) CITY.—The term ‘‘City’’ means the City of 
Nogales, Arizona. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the United States Section of the Inter-
national Border and Water Commission. 
(3) INTERNATIONAL OUTFALL INTERCEPTOR.— 
The term ‘‘International Outfall Interceptor’’ means 
the pipeline that conveys wastewater from the 
United States-Mexico border to the Nogales Inter-
national Wastewater Treatment Plant. 
(4) NOGALES
INTERNATIONAL
WASTEWATER 
TREATMENT
PLANT.—The term ‘‘Nogales Inter-
national Wastewater Treatment Plant’’ means the 
wastewater treatment plant that— 
(A) is operated by the Commission; 
(B) is located in Rio Rico, Santa Cruz 
County, Arizona, after manhole 99; and
298 
(C) treats sewage and wastewater origi-
nating from— 
(i) Nogales, Sonora, Mexico; and 
(ii) Nogales, Arizona. 
(b) OWNERSHIP AND CONTROL.— 
(1) IN
GENERAL.—Subject to paragraph (2) 
and in accordance with authority under the Act of 
July 27, 1953 (67 Stat. 195, chapter 242; 22 
U.S.C. 277d–10 et seq.), on transfer by donation 
from the City of the current stake of the City in the 
International Outfall Interceptor to the Commission, 
the Commission shall enter into such agreements as 
are necessary to assume full ownership and control 
over the International Outfall Interceptor. 
(2) AGREEMENTS REQUIRED.—The Commission 
shall assume full ownership and control over the 
International Outfall Interceptor under paragraph 
(1) after all applicable governing bodies in the State 
of Arizona, including the City, have— 
(A) signed memoranda of understanding 
granting to the Commission access to existing 
easements for a right of entry to the Inter-
national Outfall Interceptor for the life of the 
International Outfall Interceptor;
299 
(B) entered into an agreement with respect 
to the flows entering the International Outfall 
Interceptor that are controlled by the City; and 
(C) agreed to work in good faith to expedi-
tiously enter into such other agreements as are 
necessary for the Commission to operate and 
maintain the International Outfall Interceptor. 
(c) OPERATIONS AND MAINTENANCE.— 
(1) IN GENERAL.—Beginning on the date on 
which the Commission assumes full ownership and 
control of the International Outfall Interceptor 
under subsection (b)(1), but subject to subsection 
(e), the Commission shall be responsible for the op-
erations and maintenance of the International Out-
fall Interceptor. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Com-
mission to carry out this subsection, to remain avail-
able until expended— 
(A) $4,400,000 for fiscal year 2023; and 
(B) not less than $2,500,000 for fiscal 
year 2024 and each fiscal year thereafter. 
(d) DEBRIS SCREEN.— 
(1) DEBRIS SCREEN REQUIRED.—
300 
(A) IN GENERAL.—The Commission shall 
construct, operate, and maintain a debris screen 
at Manhole One of the International Outfall In-
terceptor for intercepting debris and drug bun-
dles coming to the United States from Nogales, 
Sonora, Mexico. 
(B) REQUIREMENT.—In constructing and 
operating the debris screen under subparagraph 
(A), the Commission and the Commissioner of 
U.S. Customs and Border Protection shall co-
ordinate— 
(i) the removal of drug bundles and 
other illicit goods caught in the debris 
screen; and 
(ii) other operations at the Inter-
national Outfall Interceptor that require 
coordination. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Com-
mission, to remain available until expended— 
(A) $11,900,000 for fiscal year 2023 for 
construction of the debris screen described in 
paragraph (1)(A); and 
(B) $2,200,000 for fiscal year 2024 and 
each fiscal year thereafter for the operations
301 
and maintenance of the debris screen described 
in paragraph (1)(A). 
(e) LIMITATION OF CLAIMS.—Chapter 171 and sec-
tion 1346(b) of title 28, United States Code (commonly 
known as the ‘‘Federal Tort Claims Act’’), shall not apply 
to any claim arising from the activities of the Commission 
in carrying out this section, including any claim arising 
from damages that result from overflow of the Inter-
national Outfall Interceptor due to excess inflow to the 
International 
Outfall 
Interceptor 
originating 
from 
Nogales, Sonora, Mexico. 
TITLE VIII—RIO GRANDE WATER 
SECURITY 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Rio Grande Water 
Security Act’’. 
Subtitle A—Rio Grande Water 
Security 
SEC. 811. DEFINITIONS. 
In this subtitle: 
(1) BASIN
PLAN.—The term ‘‘Basin Plan’’ 
means the integrated water resources management 
plan for the Rio Grande Basin developed under sec-
tion 812(a).
302 
(2) BASIN
STATE.—The term ‘‘Basin State’’ 
means each of the following States: 
(A) Colorado. 
(B) New Mexico. 
(C) Texas, which shall participate upon 
consent and agreement by the State of Texas, 
acting through the Texas Commission on Envi-
ronmental Quality. 
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(4) NATURE-BASED FEATURE.—The term ‘‘na-
ture-based feature’’ has the meaning given the term 
in section 9502 of the Omnibus Public Land Man-
agement Act of 2009 (42 U.S.C. 10362). 
(5) RIO
GRANDE
BASIN.—The term ‘‘Rio 
Grande Basin’’ means the mainstem of the Rio 
Grande from the headwaters of the Rio Grande in 
Colorado to the mouth of the Rio Grande and any 
hydrologically connected groundwater, aquifers, and 
tributaries within the Basin States. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior.
303 
(7) WORKING
GROUP.—The term ‘‘Working 
Group’’ means the Rio Grande Basin Working 
Group convened under section 812(a). 
SEC. 812. INTEGRATED WATER RESOURCES MANAGEMENT 
PLAN FOR THE RIO GRANDE BASIN. 
(a) IN GENERAL.—Not later than 120 days after the 
date of enactment of this Act, the Secretary shall convene 
a Federal Working Group, to be known as the ‘‘Rio 
Grande Basin Working Group’’, to consult and collaborate 
with the Basin States, Indian Tribes, units of local govern-
ment, irrigation districts, conservation districts, acequias, 
land grant-mercedes, and other local partners in the Rio 
Grande Basin to develop and implement an integrated 
water resources management plan for the Rio Grande 
Basin using the best available science, data, and local 
knowledge. 
(b) PURPOSE.—The purpose of the Basin Plan is to 
improve— 
(1) water security and quality for communities 
throughout the Rio Grande Basin; 
(2) river and watershed health for ecosystems, 
fish, and wildlife in the Rio Grande Basin; 
(3) the resilience of communities and eco-
systems in the Rio Grande Basin to drought and hy-
drologic change; and
304 
(4) consultation, collaboration, and partnerships 
among Federal agencies, Basin States, Indian 
Tribes, and local partners within the Rio Grande 
Basin. 
(c) REQUIREMENTS.—The Basin Plan shall in-
clude— 
(1) a list of recommended projects and activi-
ties to achieve the purpose described in subsection 
(b), using the best available science for current and 
future conditions in the Rio Grande Basin, including 
recommendations for— 
(A) improving infrastructure design, main-
tenance, repair, planning, management, and op-
erations throughout the Rio Grande Basin; 
(B) improving science, data, monitoring, 
and collaboration to improve understanding of 
the Rio Grande Basin, including— 
(i) the hydrology and other processes 
of the Rio Grande Basin; and 
(ii) the long-term availability of water 
across the Rio Grande Basin; 
(C) increasing water conservation in the 
Rio Grande Basin through partnerships with 
communities and water users;
305 
(D) investments in nature-based features, 
infrastructure, and habitat improvements to im-
prove river health, resilience, water security, 
and hazard mitigation in the Rio Grande Basin; 
(E) updating reservoir operations authori-
ties and water control manuals; and 
(F) improving consultation, collaboration, 
and partnerships throughout the Rio Grande 
Basin to achieve the objectives described in sub-
paragraphs (A) through (E); 
(2) a list of potential changes to existing Fed-
eral authorities that may be needed to implement 
the Basin Plan; and 
(3) a timeline for implementing the Basin Plan 
over a 30-year period. 
(d) REPORT TO CONGRESS.—Not later than 3 years 
after the date of enactment of this Act, the Secretary 
shall— 
(1) submit the Basin Plan to— 
(A) the appropriate committees of Con-
gress; and 
(B) the Basin States, Indian Tribes lo-
cated within the Rio Grande Basin, and local 
partners; and
306 
(2) make the Basin Plan publicly available on-
line. 
(e) IMPLEMENTATION.— 
(1) IN GENERAL.—On submission of the Basin 
Plan to Congress under subsection (d)(1)(A), the 
relevant agencies of the Working Group may imple-
ment recommended projects and activities from the 
Basin Plan to achieve the purposes of this subtitle, 
including— 
(A) water conservation and restoration 
projects; 
(B) streamflow and groundwater recharge 
improvements; 
(C) optimization of Federal project man-
agement, including— 
(i) improvements and flexibility in res-
ervoir, irrigation, and flood control project 
operations; and 
(ii) updates and amendments to par-
ticular reservoir operations authorities, 
contracts, and water control manuals with-
in the Rio Grande Basin, consistent with 
the recommendations provided in sub-
section (c)(1)(E);
307 
(D) studies of relevant projects and activi-
ties requiring further authorization; 
(E) the establishment of a collaborative 
science, data, and monitoring program for the 
Rio Grande Basin; and 
(F) the establishment of a coordinated 
technical assistance program to support Rio 
Grande Basin stakeholders in accessing re-
sources and programs to achieve the purposes 
of this subtitle. 
(2) WAIVER.—In implementing this subsection, 
the relevant agencies of the Working Group may 
waive or reduce Federal cost-share requirements for 
projects and activities that demonstrate significant 
public benefits in accordance with the purpose de-
scribed in subsection (b). 
(f) REQUIREMENTS.—The projects and activities im-
plemented pursuant to subsection (e) shall be— 
(1) subject to required authorization and appro-
priation by Congress; 
(2) contingent on the completion of applicable 
feasibility studies, environmental reviews, and cost- 
benefit analyses that include favorable recommenda-
tions for the proposed projects and activities; and 
(3) implemented—
308 
(A) in accordance with applicable law, in-
cluding— 
(i) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
(ii) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); and 
(iii) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.); 
(B) in consultation with and in accordance 
with State, Tribal, and local authorities in the 
Basin States; 
(C) within the State of Colorado— 
(i) only upon the consent of the State 
of Colorado, acting through the Colorado 
Division of Water Resources; and 
(ii) rely on and not duplicate existing 
studies and models developed and main-
tained by the State of Colorado to the 
greatest extent practicable; 
(D) in accordance with interstate and 
international agreements applicable to the Rio 
Grande Basin; and 
(E) in accordance with the water rights of 
any Indian Tribe or agreements between any 
Indian Tribe and the United States.
309 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the heads of the agen-
cies represented on the Working Group such sums as are 
necessary to carry out this subtitle for each of fiscal years 
2023 through 2052. 
SEC. 813. RIO GRANDE BASIN WORKING GROUP. 
(a) COMPOSITION.—The Working Group shall be 
composed of the following members: 
(1) The Administrator of the Environmental 
Protection Agency. 
(2) The Assistant Secretary of the Army for 
Civil Works. 
(3) The Chief of the Forest Service. 
(4) The Chief of the Natural Resources Con-
servation Service. 
(5) The Commissioner of the International 
Boundary and Water Commission. 
(6) The Commissioner of Reclamation. 
(7) The Director of any National Laboratory lo-
cated in a Basin State. 
(8) The Director of the Bureau of Indian Af-
fairs. 
(9) The Director of the Bureau of Land Man-
agement. 
(10) The Director of the National Park Service.
310 
(11) The Director of the United States Fish 
and Wildlife Service. 
(12) The Director of the United States Geologi-
cal Survey. 
(13) The Secretary of Energy. 
(14) The Under Secretary for Rural Develop-
ment. 
(15) The heads of any other relevant Federal 
agencies, as determined to be appropriate by a ma-
jority of the members of the Working Group de-
scribed in paragraphs (1) through (14). 
(b) DUTIES.—The Working Group shall consult, col-
laborate, and work with Basin States, Indian Tribes lo-
cated within the Rio Grande Basin, and local partners— 
(1) to develop and implement a Basin Plan; and 
(2) on submission of the Basin Plan to Con-
gress under section 812(d)(1)(A), to support ongo-
ing collaboration across the Rio Grande Basin 
among Federal stakeholders and non-Federal stake-
holders within the Rio Grande Basin. 
SEC. 814. EFFECT OF SUBTITLE. 
Nothing in this subtitle— 
(1) affects, waives, abrogates, diminishes, de-
fines, or interprets any water right of any Indian
311 
Tribe or agreement between any Indian Tribe and 
the United States; 
(2) affects a contract or benefit in existence on 
the date of enactment of this Act that was executed 
pursuant to the reclamation laws, unless otherwise 
agreed to by the parties to the contract or benefit; 
(3) amends, modifies, or is in conflict with any 
interstate or international agreement regarding the 
Rio Grande and the waters of the Rio Grande, or 
any other interstate compact or agreement regarding 
water, including the Rio Grande Compact consented 
to by Congress in the Act of May 31, 1939 (53 Stat. 
785. Ch.155), or the Colorado River Compact con-
sented to by Congress in the Act of August 19, 1921 
(42 Stat. 171, Ch. 72), the 1906 Convention, the 
1944 Treaty with Mexico, and Upper Colorado River 
Basin Compact consented to by Congress in the Act 
of April 6, 1949 (63 Stat. 31); 
(4) affects any ongoing treaty obligations; 
(5) changes the commitments and requirements 
contained in Public Law 92–514 concerning the 
Closed Basin Project; or 
(6) limits or affects any Basin State or Indian 
Tribe in the management of water quantity or qual-
312 
ity in accordance with State or Tribal laws, as appli-
cable. 
Subtitle B—Pueblo Irrigation 
SEC. 821. REAUTHORIZATION OF PUEBLO IRRIGATION IN-
FRASTRUCTURE GRANTS. 
Section 9106(g)(2) of the Omnibus Public Land 
Management Act of 2009 (Public Law 111–11; 123 Stat. 
1309) is amended— 
(1) by striking ‘‘is authorized’’ and inserting 
‘‘are authorized’’; and 
(2) by striking ‘‘$6,000,000’’ and all that fol-
lows through the period at the end and inserting 
‘‘such sums as are necessary for each of fiscal years 
2022 through 2032.’’. 
DIVISION 
C—OTHER 
FIRE, 
DROUGHT, 
AND 
EXTREME 
WEATHER PROGRAMS 
TITLE I—INFRASTRUCTURE, 
ENERGY, AND ASSISTANCE 
SEC. 101. NATURAL DISASTER GRID MITIGATION MAP. 
(a) ESTABLISHMENT.—The Secretary shall establish 
and maintain a Natural Disaster Grid Mitigation Map 
that identifies critical electric grid infrastructure in each 
State that is vulnerable to natural disasters. 
(b) REPORT.—
313 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, and annually 
thereafter, the Secretary shall develop a report 
that— 
(A) analyzes how vulnerable critical electric 
grid infrastructure in each State is to natural 
disasters; and 
(B) identifies parts of such critical electric 
grid infrastructure that are high risk for energy 
disruptions caused by natural disasters. 
(2) AVAILABILITY.—The Secretary shall make 
the report developed under paragraph (1) available 
to other relevant Federal agencies to consider when 
funding disaster mitigation and resiliency efforts. 
(c) DEFINITIONS.—In this section: 
(1) CRITICAL
ELECTRIC
GRID
INFRASTRUC-
TURE.—The term ‘‘critical electric grid infrastruc-
ture’’ includes transmission lines of 66 kilovolt-am-
peres and above and other infrastructure, as deter-
mined by the Secretary. 
(2) NATURAL DISASTER.—The term ‘‘natural 
disaster’’ means a wildfire, hurricane, tornado, ex-
treme temperature, storm, flood, earthquake, vol-
canic eruption, or other natural occurrence of such
314 
magnitude or severity so as to be considered disas-
trous, as determined by the Secretary. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(4) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, any ter-
ritory or possession of the United States, and any 
federally recognized Indian Tribe. 
SEC. 102. INTERREGIONAL MINIMUM TRANSFER CAPA-
BILITY REQUIREMENTS. 
(a) FINDING.—Congress finds that extreme weather 
is increasing in frequency and poses a significant risk to 
the reliability of the electric grid. 
(b) RULEMAKING.—Not later than 18 months after 
the date of enactment of this Act, the Federal Energy 
Regulatory Commission shall, pursuant to section 206 of 
the Federal Power Act (16 U.S.C. 824e), promulgate a 
final rule that establishes minimum transfer capability re-
quirements between transmission planning regions. 
SEC. 103. CRITICAL DOCUMENT FEE WAIVER. 
Section 1238(a) of the Disaster Recovery Reform Act 
of 2018 (42 U.S.C. 5174b) is amended— 
(1) in paragraph (2), by striking ‘‘applies re-
gardless’’ and inserting ‘‘and the requirement of the
315 
President to waive fees under paragraph (4) apply 
regardless’’; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) MANDATORY
AUTOMATIC
WAIVER.—The 
President, in consultation with the Governor of a 
State, shall automatically provide a fee waiver de-
scribed in paragraph (1) to an individual or house-
hold that has been adversely affected by a major dis-
aster declared under section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170)— 
‘‘(A) for which the President provides as-
sistance to individuals and households under 
section 408 of that Act (42 U.S.C. 5174); and 
‘‘(B) that destroyed a critical document de-
scribed in paragraph (1) of the individual or 
household.’’. 
SEC. 104. HERMIT’S PEAK/CALF CANYON FIRE ASSISTANCE. 
(a) FINDINGS AND PURPOSES.— 
(1) FINDINGS.—Congress finds that— 
(A) on April 6, 2022, the Forest Service 
initiated the Las Dispensas-Gallinas prescribed
316 
burn on Federal land in the Santa Fe National 
Forest in San Miguel County, New Mexico, 
when erratic winds were prevalent in the area 
that was also suffering from severe drought 
after many years of insufficient precipitation; 
(B) on April 6, 2022, the prescribed burn, 
which became known as the ‘‘Hermit’s Peak 
Fire’’, exceeded the containment capabilities of 
the Forest Service, was declared a wildfire, and 
spread to other Federal and non-Federal land; 
(C) on April 19, 2022, the Calf Canyon 
Fire, also in San Miguel County, New Mexico, 
began burning on Federal land and was later 
identified as the result of a pile burn in Janu-
ary 2022 that remained dormant under the sur-
face before reemerging; 
(D) on April 27, 2022, the Hermit’s Peak 
Fire and the Calf Canyon Fire merged, and 
both fires were reported as the Hermit’s Peak 
Fire or the Hermit’s Peak/Calf Canyon Fire, 
(referred hereafter in this subsection as the 
‘‘Hermit’s Peak/Calf Canyon Fire’’); 
(E) by May 2, 2022, the fire had grown in 
size and caused evacuations in multiple villages 
and communities in San Miguel County and
317 
Mora County, including in the San Miguel 
county jail, the State’s psychiatric hospital, the 
United World College, and New Mexico High-
lands University; 
(F) on May 4, 2022, the President issued 
a major disaster declaration for the counties of 
Colfax, Mora, and San Miguel, New Mexico; 
(G) on May 20, 2022, U.S. Forest Service 
Chief Randy Moore ordered a 90-day review of 
prescribed burn policies to reduce the risk of 
wildfires and ensure the safety of the commu-
nities involved; 
(H) the U.S. Forest Service has assumed 
responsibility for the Hermit’s Peak/Calf Can-
yon Fire; 
(I) the fire resulted in the loss of Federal, 
State, local, Tribal, and private property; and 
(J) the United States should compensate 
the victims of the Hermit’s Peak/Calf Canyon 
Fire. 
(2) PURPOSES.—The purposes of this section 
are— 
(A) to compensate victims of the Hermit’s 
Peak/Calf Canyon Fire, for injuries resulting 
from the fire; and
318 
(B) to provide for the expeditious consider-
ation and settlement of claims for those inju-
ries. 
(b) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means— 
(A) the Administrator of the Federal 
Emergency Management Agency; or 
(B) if a Manager is appointed under sub-
section (c)(1)(C), the Manager. 
(2) HERMIT’S PEAK/CALF CANYON FIRE.—The 
term ‘‘Hermit’s Peak/Calf Canyon Fire’’ means— 
(A) the fire resulting from the initiation by 
the Forest Service of a prescribed burn in the 
Santa Fe National Forest in San Miguel Coun-
ty, New Mexico, on April 6, 2022; 
(B) the pile burn holdover resulting from 
the prescribed burn by the Forest Service, 
which reemerged on April 19, 2022; and 
(C) the merger of the two fires described 
in subparagraphs (A) and (B), reported as the 
Hermit’s Peak Fire or the Hermit’s Peak Fire/ 
Calf Canyon Fire. 
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means the recognized governing body of any Indian
319 
or Alaska Native Tribe, band, nation, pueblo, village, 
community, component band, or component reserva-
tion individually identified (including parenthetically) 
in the list published most recently as of the date of 
enactment of this Act pursuant to section 104 of the 
Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 5131). 
(4) INJURED PERSON.—The term ‘‘injured per-
son’’ means— 
(A) an individual, regardless of the citizen-
ship or alien status of the individual; or 
(B) an Indian Tribe, corporation, Tribal 
corporation, partnership, company, association, 
county, township, city, State, school district, or 
other non-Federal entity (including a legal rep-
resentative) that suffered injury resulting from 
the Hermit’s Peak/Calf Canyon Fire. 
(5) INJURY.—The term ‘‘injury’’ has the same 
meaning as the term ‘‘injury or loss of property, or 
personal injury or death’’ as used in section 
1346(b)(1) of title 28, United States Code. 
(6) MANAGER.—The term ‘‘Manager’’ means 
an Independent Claims Manager appointed under 
subsection (c)(1)(C).
320 
(7) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Hermit’s Peak/Calf Canyon Fire Claims es-
tablished by subsection (c)(1)(B). 
(8) TRIBAL ENTITY.—The term ‘‘Tribal entity’’ 
includes any Indian Tribe, tribal organization, In-
dian-controlled organization serving Indians, Native 
Hawaiian organization, or Alaska Native entity, as 
such terms are defined or used in section 166 of the 
Workforce Innovation and Opportunity Act (25 
U.S.C. 5304). 
(c) COMPENSATION
FOR
VICTIMS
OF
HERMIT’S 
PEAK/CALF CANYON FIRE.— 
(1) IN GENERAL.— 
(A) COMPENSATION.—Each injured person 
shall be entitled to receive from the United 
States compensation for injury suffered by the 
injured person as a result of the Hermit’s Peak/ 
Calf Canyon Fire. 
(B) OFFICE OF HERMIT’S PEAK/CALF CAN-
YON FIRE CLAIMS.— 
(i) IN GENERAL.—There is established 
within the Federal Emergency Manage-
ment Agency an Office of Hermit’s Peak/ 
Calf Canyon Fire Claims.
321 
(ii) PURPOSE.—The Office shall re-
ceive, process, and pay claims in accord-
ance with this section. 
(iii) FUNDING.—The Office— 
(I) shall be funded from funds 
made available to the Administrator 
under this section; 
(II) may appoint and fix the 
compensation of such temporary per-
sonnel as may be necessary, without 
regard to the provisions of title 5, 
United States Code, governing ap-
pointments in competitive service; and 
(III) may reimburse other Fed-
eral agencies for claims processing 
support and assistance. 
(C) OPTION
TO
APPOINT
INDEPENDENT 
CLAIMS MANAGER.—The Administrator may ap-
point an Independent Claims Manager to— 
(i) head the Office; and 
(ii) assume the duties of the Adminis-
trator under this section. 
(2) SUBMISSION OF CLAIMS.—Not later than 2 
years after the date on which regulations are first 
promulgated under paragraph (6), an injured person
322 
may submit to the Administrator a written claim for 
1 or more injuries suffered by the injured person in 
accordance with such requirements as the Adminis-
trator determines to be appropriate. 
(3) INVESTIGATION OF CLAIMS.— 
(A) IN
GENERAL.—The Administrator 
shall, on behalf of the United States, inves-
tigate, consider, ascertain, adjust, determine, 
grant, deny, or settle any claim for money dam-
ages asserted under paragraph (2). 
(B) APPLICABILITY OF STATE LAW.—Ex-
cept as otherwise provided in this section, the 
laws of the State of New Mexico shall apply to 
the calculation of damages under paragraph 
(4)(D). 
(C) EXTENT OF DAMAGES.—Any payment 
under this section— 
(i) shall be limited to actual compen-
satory damages measured by injuries suf-
fered; and 
(ii) shall not include— 
(I) interest before settlement or 
payment of a claim; or 
(II) punitive damages. 
(4) PAYMENT OF CLAIMS.—
323 
(A) DETERMINATION
AND
PAYMENT
OF 
AMOUNT.— 
(i) IN GENERAL.— 
(I) PAYMENT.—Not later than 
180 days after the date on which a 
claim is submitted under this section, 
the Administrator shall determine and 
fix the amount, if any, to be paid for 
the claim. 
(II) PRIORITY.—The Adminis-
trator, to the maximum extent prac-
ticable, shall pay subrogation claims 
submitted under this section only 
after paying claims submitted by in-
jured parties that are not insurance 
companies 
seeking 
payment 
as 
subrogees. 
(ii) PARAMETERS
OF
DETERMINA-
TION.—In determining and settling a claim 
under this section, the Administrator shall 
determine only— 
(I) whether the claimant is an in-
jured person;
324 
(II) whether the injury that is 
the subject of the claim resulted from 
the fire; 
(III) the amount, if any, to be al-
lowed and paid under this section; and 
(IV) the person or persons enti-
tled to receive the amount. 
(iii) INSURANCE
AND
OTHER
BENE-
FITS.— 
(I) 
IN
GENERAL.—In 
deter-
mining the amount of, and paying, a 
claim under this section, to prevent 
recovery by a claimant in excess of ac-
tual compensatory damages, the Ad-
ministrator shall reduce the amount 
to be paid for the claim by an amount 
that is equal to the total of insurance 
benefits (excluding life insurance ben-
efits) or other payments or settle-
ments of any nature that were paid, 
or will be paid, with respect to the 
claim. 
(II) GOVERNMENT LOANS.—This 
subparagraph shall not apply to the 
receipt by a claimant of any govern-
325 
ment loan that is required to be re-
paid by the claimant. 
(B) PARTIAL PAYMENT.— 
(i) IN GENERAL.—At the request of a 
claimant, the Administrator may make 1 
or more advance or partial payments be-
fore the final settlement of a claim, includ-
ing final settlement on any portion or as-
pect of a claim that is determined to be 
severable. 
(ii) JUDICIAL DECISION.—If a claim-
ant receives a partial payment on a claim 
under this section, but further payment on 
the claim is subsequently denied by the 
Administrator, the claimant may— 
(I) seek judicial review under 
paragraph (9); and 
(II) keep any partial payment 
that the claimant received, unless the 
Administrator determines that the 
claimant— 
(aa) was not eligible to re-
ceive the compensation; or 
(bb) fraudulently procured 
the compensation.
326 
(C) RIGHTS OF INSURER OR OTHER THIRD 
PARTY.—If an insurer or other third party pays 
any amount to a claimant to compensate for an 
injury described in paragraph (1), the insurer 
or other third party shall be subrogated to any 
right that the claimant has to receive any pay-
ment under this section or any other law. 
(D) ALLOWABLE DAMAGES.— 
(i) LOSS OF PROPERTY.—A claim that 
is paid for loss of property under this sec-
tion may include otherwise uncompensated 
damages resulting from the Hermit’s Peak/ 
Calf Canyon Fire for— 
(I) an uninsured or underinsured 
property loss; 
(II) a decrease in the value of 
real property; 
(III) damage to physical infra-
structure, including irrigation infra-
structure such as acequia systems; 
(IV) a cost resulting from lost 
subsistence from hunting, fishing, 
firewood gathering, timbering, graz-
ing, or agricultural activities con-
327 
ducted on land damaged by the Her-
mit’s Peak/Calf Canyon Fire; 
(V) a cost of reforestation or re-
vegetation on Tribal or non-Federal 
land, to the extent that the cost of re-
forestation or revegetation is not cov-
ered by any other Federal program; 
and 
(VI) any other loss that the Ad-
ministrator determines to be appro-
priate for inclusion as loss of prop-
erty. 
(ii) BUSINESS LOSS.—A claim that is 
paid for injury under this section may in-
clude damages resulting from the Hermit’s 
Peak/Calf Canyon Fire for the following 
types of otherwise uncompensated business 
loss: 
(I) Damage to tangible assets or 
inventory. 
(II) Business interruption losses. 
(III) Overhead costs. 
(IV) Employee wages for work 
not performed.
328 
(V) Any other loss that the Ad-
ministrator determines to be appro-
priate for inclusion as business loss. 
(iii) FINANCIAL LOSS.—A claim that 
is paid for injury under this section may 
include damages resulting from the Her-
mit’s Peak/Calf Canyon Fire for the fol-
lowing types of otherwise uncompensated 
financial loss: 
(I) Increased mortgage interest 
costs. 
(II) An insurance deductible. 
(III) A temporary living or relo-
cation expense. 
(IV) Lost wages or personal in-
come. 
(V) Emergency staffing expenses. 
(VI) Debris removal and other 
cleanup costs. 
(VII) Costs of reasonable efforts, 
as determined by the Administrator, 
to reduce the risk of wildfire, flood, or 
other natural disaster in the counties 
impacted by the Hermit’s Peak/Calf 
Canyon Fire to risk levels prevailing
329 
in those counties before the Hermit’s 
Peak/Calf Canyon Fire, that are in-
curred not later than the date that is 
3 years after the date on which the 
regulations under paragraph (6) are 
first promulgated. 
(VIII) A premium for flood in-
surance that is required to be paid on 
or before May 31, 2024, if, as a result 
of the Hermit’s Peak/Calf Canyon 
Fire, a person that was not required 
to purchase flood insurance before the 
Hermit’s Peak/Calf Canyon Fire is re-
quired to purchase flood insurance. 
(IX) A disaster assistance loan 
received from the Small Business Ad-
ministration. 
(X) Any other loss that the Ad-
ministrator determines to be appro-
priate for inclusion as financial loss. 
(5) ACCEPTANCE OF AWARD.—The acceptance 
by a claimant of any payment under this section, ex-
cept an advance or partial payment made under 
paragraph (4)(B), shall—
330 
(A) be final and conclusive on the claim-
ant, with respect to all claims arising out of or 
relating to the same subject matter; and 
(B) constitute a complete release of all 
claims against the United States (including any 
agency or employee of the United States) under 
chapter 171 of title 28, United States Code 
(commonly known as the ‘‘Federal Tort Claims 
Act’’), or any other Federal or State law, aris-
ing out of or relating to the same subject mat-
ter. 
(6) REGULATIONS
AND
PUBLIC
INFORMA-
TION.— 
(A) REGULATIONS.—Notwithstanding any 
other provision of law, not later than 45 days 
after the date of enactment of this section, the 
Administrator shall promulgate and publish in 
the Federal Register interim final regulations 
for the processing and payment of claims under 
this section. 
(B) PUBLIC INFORMATION.— 
(i) IN
GENERAL.—At the time at 
which the Administrator promulgates regu-
lations under subparagraph (A), the Ad-
ministrator shall publish, online and in
331 
print, in newspapers of general circulation 
in the State of New Mexico, a clear, con-
cise, and easily understandable expla-
nation, in English and Spanish, of— 
(I) the rights conferred under 
this section; and 
(II) the procedural and other re-
quirements of the regulations promul-
gated under subparagraph (A). 
(ii) DISSEMINATION THROUGH OTHER 
MEDIA.—The Administrator shall dissemi-
nate the explanation published under 
clause (i) through websites, blogs, social 
media, brochures, pamphlets, radio, tele-
vision, and other media that the Adminis-
trator determines are likely to reach pro-
spective claimants. 
(7) CONSULTATION.—In administering this sec-
tion, the Administrator shall consult with the Sec-
retary of the Interior, the Secretary of Energy, the 
Secretary of Agriculture, the Administrator of the 
Small Business Administration, other Federal agen-
cies, and State, local, and Tribal authorities, as de-
termined to be necessary by the Administrator, to—
332 
(A) ensure the efficient administration of 
the claims process; and 
(B) provide for local concerns. 
(8) ELECTION OF REMEDY.— 
(A) IN GENERAL.—An injured person may 
elect to seek compensation from the United 
States for 1 or more injuries resulting from the 
Hermit’s Peak/Calf Canyon Fire by— 
(i) submitting a claim under this sec-
tion; 
(ii) filing a claim or bringing a civil 
action under chapter 171 of title 28, 
United States Code (commonly known as 
the ‘‘Federal Tort Claims Act’’); or 
(iii) bringing an authorized civil action 
under any other provision of law. 
(B) EFFECT OF ELECTION.—An election 
by an injured person to seek compensation in 
any manner described in subparagraph (A) 
shall be final and conclusive on the claimant 
with respect to all injuries resulting from the 
Hermit’s Peak/Calf Canyon Fire that are suf-
fered by the claimant. 
(C) ARBITRATION.—
333 
(i) IN GENERAL.—Not later than 45 
days after the date of enactment of this 
Act, the Administrator shall establish by 
regulation procedures under which a dis-
pute regarding a claim submitted under 
this section may be settled by arbitration. 
(ii) ARBITRATION
AS
REMEDY.—On 
establishment of arbitration procedures 
under clause (i), an injured person that 
submits a disputed claim under this section 
may elect to settle the claim through arbi-
tration. 
(iii) BINDING
EFFECT.—An election 
by an injured person to settle a claim 
through arbitration under this subpara-
graph shall— 
(I) be binding; and 
(II) preclude any exercise by the 
injured person of the right to judicial 
review of a claim described in para-
graph (9). 
(D) NO
EFFECT
ON
ENTITLEMENTS.— 
Nothing in this section affects any right of a 
claimant to file a claim for benefits under any 
Federal entitlement program.
334 
(9) JUDICIAL REVIEW.— 
(A) IN GENERAL.—Any claimant aggrieved 
by a final decision of the Administrator under 
this section may, not later than 60 days after 
the date on which the decision is issued, bring 
a civil action in the United States District 
Court for the District of New Mexico, to modify 
or set aside the decision, in whole or in part. 
(B) RECORD.—The court shall hear a civil 
action under subparagraph (A) on the record 
made before the Administrator. 
(C) STANDARD.—The decision of the Ad-
ministrator incorporating the findings of the 
Administrator shall be upheld if the decision is 
supported by substantial evidence on the record 
considered as a whole. 
(10) ATTORNEY’S AND AGENT’S FEES.— 
(A) IN GENERAL.—No attorney or agent, 
acting alone or in combination with any other 
attorney or agent, shall charge, demand, re-
ceive, or collect, for services rendered in connec-
tion with a claim submitted under this section, 
fees in excess of the limitations established 
under section 2678 of title 28, United States 
Code.
335 
(B) VIOLATION.—An attorney or agent 
who violates subparagraph (A) shall be fined 
not more than $10,000. 
(11) WAIVER OF REQUIREMENT FOR MATCHING 
FUNDS.— 
(A) STATE AND LOCAL PROJECT.— 
(i) IN
GENERAL.—Notwithstanding 
any other provision of law, a State or local 
project that is determined by the Adminis-
trator to be carried out in response to the 
Hermit’s Peak/Calf Canyon Fire under any 
Federal program that applies to an area 
affected by the Hermit’s Peak/Calf Canyon 
Fire shall not be subject to any require-
ment for State or local matching funds to 
pay the cost of the project under the Fed-
eral program. 
(ii) FEDERAL
SHARE.—The Federal 
share of the costs of a project described in 
clause (i) shall be 100 percent. 
(B) OTHER
NEEDS
PROGRAM
ASSIST-
ANCE.—Notwithstanding section 408(g)(2) of 
the Robert T. Stafford Disaster Relief and 
Emergency 
Assistance 
Act 
(42 
U.S.C. 
5174(g)(2)), for any emergency or major dis-
336 
aster declared by the President under that Act 
for the Hermit’s Peak/Calf Canyon Fire, the 
Federal share of assistance provided under that 
section shall be 100 percent. 
(12) APPLICABILITY OF DEBT COLLECTION RE-
QUIREMENTS.—Section 3711(a) of title 31, United 
States Code, shall not apply to any payment under 
this section, unless— 
(A) there is evidence of civil or criminal 
fraud, misrepresentation, presentation of a false 
claim; or 
(B) a claimant was not eligible under para-
graph (4)(B) of this section to any partial pay-
ment. 
(13) INDIAN COMPENSATION.—Notwithstanding 
any other provision of law, in the case of an Indian 
Tribe, a Tribal entity, or a member of an Indian 
Tribe that submits a claim under this section— 
(A) the Bureau of Indian Affairs shall 
have no authority over, or any trust obligation 
regarding, any aspect of the submission of, or 
any payment received for, the claim; 
(B) the Indian Tribe, Tribal entity, or 
member of an Indian Tribe shall be entitled to 
proceed under this section in the same manner
337 
and to the same extent as any other injured 
person; and 
(C) except with respect to land damaged 
by the Hermit’s Peak/Calf Canyon Fire that is 
the subject of the claim, the Bureau of Indian 
Affairs shall have no responsibility to restore 
land damaged by the Hermit’s Peak/Calf Can-
yon Fire. 
(14) REPORT.—Not later than 1 year after the 
date of promulgation of regulations under paragraph 
(6)(A), and annually thereafter, the Administrator 
shall submit to Congress a report that describes the 
claims submitted under this section during the year 
preceding the date of submission of the report, in-
cluding, for each claim— 
(A) the amount claimed; 
(B) a brief description of the nature of the 
claim; and 
(C) the status or disposition of the claim, 
including the amount of any payment under 
this section. 
(15) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated such sums 
as are necessary to carry out this section.
338 
SEC. 105. FIRE MANAGEMENT ASSISTANCE COST SHARE. 
(a) IN GENERAL.—Section 420 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act is 
amended— 
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) FEDERAL SHARE.—The Federal share of assist-
ance under this section shall be not less than 75 percent 
of the eligible cost of such assistance.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall only apply to amounts appropriated on 
or after the date of enactment of this Act. 
(c) RULEMAKING.—Not later than 3 years after the 
date of enactment of this Act, the President, acting 
through the Administrator of the Federal Emergency 
Management Agency, shall conduct and complete a rule-
making to provide criteria for the circumstances under 
which the Administrator may recommend the President in-
crease the Federal cost share for section 420 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5187). Such criteria shall include a threshold 
metric that assesses the financial impact to a State or 
local government from responding to a fire for which fire 
management assistance is being provided.
339 
SEC. 106. TRANSITIONAL SHELTERING ASSISTANCE. 
(a) DEFINITIONS.—In this section: 
(1) INDIVIDUAL AT RISK OF WILDFIRE SMOKE 
RELATED ILLNESS.—The term ‘‘individual at risk of 
wildfire smoke related illness’’ means an individual, 
living in an area where the air quality index is deter-
mined to be unhealthy for not less than 3 consecu-
tive days as a result of a wildfire, who is— 
(A) a low-income individual; 
(B) a parent or guardian with a child who 
has not attained 19 years of age; 
(C) a pregnant woman; 
(D) an individual who is 65 years of age 
or older; 
(E) an individual with chronic respiratory 
or cardiovascular illness; or 
(F) an individual with a chronic disease 
that is exacerbated by smoke inhalation. 
(2) LOW-INCOME INDIVIDUAL.—The term ‘‘low- 
income individual’’ means an individual from a fam-
ily whose taxable income (as defined in section 63 of 
the Internal Revenue Code of 1986) for the pre-
ceding year did not exceed 200 percent of an 
amount equal to the poverty level, as determined by 
using criteria of poverty established by the Bureau 
of the Census.
340 
(3) QUALIFIED ENTITY.—The term ‘‘qualified 
entity’’ means— 
(A) a State or unit of local government; 
(B) a local public health authority; and 
(C) a coordinated care organization. 
(b) TRANSITIONAL SHELTERING ASSISTANCE PRO-
GRAM.—In carrying out the Transitional Sheltering As-
sistance Program of the Federal Emergency Management 
Agency under section 403 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5170b), the President shall— 
(1) provide assistance to a qualified entity to 
purchase and provide, to an individual at risk of 
wildfire smoke related illness, smoke-inhalation pre-
vention equipment, including— 
(A) a portable air filtration unit; 
(B) an air filter; 
(C) a face mask or respirator, such as— 
(i) an N95 respirator; 
(ii) a P100 respirator; or 
(iii) other equipment certified by the 
National Institute for Occupational Safety 
and Health to protect from airborne par-
ticle exposure;
341 
(D) low-cost equipment to keep smoke out 
of a house, such as: 
(i) a weather strip; 
(ii) not more than 1 portable air-con-
ditioning unit per household; 
(iii) ventilation equipment; 
(iv) a screening and shading device; or 
(v) a window covering; or 
(E) other similarly effective devices; and 
(2) in any case in which smoke-inhalation pre-
vention equipment is not sufficient to mitigate the 
risk of illness, provide cost-efficient transitional shel-
ter assistance to an individual at risk of wildfire 
smoke related illness. 
(c) APPLICABILITY.—The amendments made by this 
section shall apply with respect to any amounts appro-
priated after the date of enactment of this Act. 
SEC. 107. GRID RESILIENCE STUDY. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this section, the Federal Energy Reg-
ulatory Commission and the Department of Energy shall 
jointly— 
(1) conduct a study on the need for, and feasi-
bility of, establishing or modifying a reliability
342 
standard to ensure the reliable operation of thermo-
electric power plants during droughts; and 
(2) submit to the appropriate committees of 
Congress the results of such study. 
(b) DEFINITIONS.—In this section, the term ‘‘appro-
priate committees of Congress’’ means— 
(1) the Committee on Energy and Commerce of 
the House of Representatives; and 
(2) the Committee on Energy and Natural Re-
sources of the Senate. 
SEC. 108. NONNATIVE PLANT SPECIES REMOVAL GRANT 
PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a partnership between 2 or more entities 
that— 
(A) shall include— 
(i) at least 1 flood control district; 
and 
(ii) at least 1 city, county, township, 
town, borough, parish, village, or other 
general purpose political subdivision of a 
State or Indian tribe (as defined in section 
4 of the Indian Self-Determination and
343 
Education Assistance Act (25 U.S.C. 
5304)); and 
(B) may include any other entity (such as 
a nonprofit organization or institution of higher 
education), as determined by the Secretary. 
(2) NONNATIVE
PLANT
SPECIES.—The term 
‘‘nonnative plant species’’ means a plant species 
that— 
(A) is nonnative or alien to an ecosystem; 
and 
(B) if introduced to that ecosystem, will 
cause, or is likely to cause, economic harm, en-
vironmental harm, or harm to human health. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(b) ESTABLISHMENT.—The Secretary shall establish 
a grant program to award grants, on a competitive basis, 
to eligible entities— 
(1) to remove nonnative plant species in ripar-
ian areas that contribute to drought conditions; 
(2) to replace those nonnative plant species 
with native plant species; and 
(3) to maintain and monitor riparian areas in 
which nonnative plant species have been removed 
and replaced.
344 
(c) APPLICATIONS.— 
(1) IN GENERAL.—To be eligible to receive a 
grant under this section, an eligible entity shall sub-
mit to the Secretary an application at such time, in 
such manner, and containing such information as 
the Secretary may require, including— 
(A) a plan for how the eligible entity will 
use grant funds to carry out the activities de-
scribed in paragraphs (1) through (3) of sub-
section (b); 
(B) a description of the manner in which 
the eligible entity has carried out the consulta-
tion required under paragraph (2); and 
(C) information demonstrating that each 
native plant species described in subsection 
(b)(2) will— 
(i)(I) reduce flood risk; 
(II) improve hydrology and water 
storage capacities; or 
(III) reduce fire hazard; and 
(ii) protect and restore rivers and 
streams and associated riparian habitats, 
including fish and wildlife resources that 
are dependent on those habitats.
345 
(2) CONSULTATION.—An eligible entity seeking 
a grant under this section shall consult with local 
stakeholders, including conservation groups, to cre-
ate the plan described in paragraph (1)(A). 
(d) REPORT.—An eligible entity that receives a grant 
under this section shall submit to the Secretary a report 
at such time, in such manner, and containing such infor-
mation as the Secretary may require, including informa-
tion on methodology and outcomes of nonnative plant spe-
cies removal and replacement efforts. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$10,000,000 for fiscal year 2023 and each fiscal year 
thereafter. 
SEC. 109. CENTERS OF EXCELLENCE FOR RESEARCH ON 
WILDFIRE SMOKE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency (referred to in this sec-
tion as the ‘‘Administrator’’) shall establish at institutions 
of higher education 4 centers, each of which shall be 
known as a ‘‘Center of Excellence for Wildfire Smoke’’, 
to carry out research relating to— 
(1) the effects on public health of smoke emis-
sions from wildland fires; and
346 
(2) the means by which communities can better 
respond to the impacts of emissions from wildland 
fires. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator to 
carry out this section $10,000,000 for each of fiscal years 
2023 through 2027. 
SEC. 110. COMMUNITY SMOKE PLANNING. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency (referred to in this sec-
tion as the ‘‘Administrator’’) shall establish a competitive 
grant program to assist eligible entities described in sub-
section (b) in developing and implementing collaborative 
community plans for mitigating the impacts of smoke 
emissions from wildland fires. 
(b) ELIGIBLE ENTITIES.—An entity that is eligible 
to submit an application for a grant under subsection (a) 
is— 
(1) a State, as defined in section 302 of the 
Clean Air Act (42 U.S.C. 7602); 
(2) an air pollution control agency, as defined 
in section 302 of the Clean Air Act (42 U.S.C. 
7602);
347 
(3) a municipality, as defined in section 302 of 
the Clean Air Act (42 U.S.C. 7602); or 
(4) an Indian tribe, as defined in section 302 
of the Clean Air Act (42 U.S.C. 7602). 
(c) APPLICATIONS.—To be eligible to receive a grant 
under subsection (a), an eligible entity described in sub-
section (b) shall submit to the Administrator an applica-
tion at such time, in such manner, and containing such 
information as the Administrator may require. 
(d) TECHNICAL ASSISTANCE.—The Administrator 
may use amounts made available to carry out this section 
to provide to eligible entities described in subsection (b) 
technical assistance in— 
(1) submitting grant applications under sub-
section (c); or 
(2) carrying out projects using a grant under 
this section. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator to 
carry out this section $50,000,000 for each of fiscal years 
2023 through 2027. 
SEC. 111. DISASTER EQUITY AND FAIRNESS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Agency;
348 
(2) the term ‘‘Agency’’ means the Federal 
Emergency Management Agency; 
(3) the term ‘‘emergency’’ means an emergency 
declared or determined to exist by the President 
under section 501 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 
5191); 
(4) the terms ‘‘Indian tribal government’’ and 
‘‘local government’’ have the meanings given such 
terms in section 102 of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 
U.S.C. 5122); and 
(5) the term ‘‘major disaster’’ means a major 
disaster declared by the President under section 401 
of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170). 
(b) INCREASE COST-SHARE FOR CONSECUTIVE IM-
PACTS.— 
(1) IN GENERAL.—Notwithstanding the provi-
sions of law described in paragraph (2), for assist-
ance provided under sections 403, 404, 406, 408, 
420, and 428 of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 
5170b, 5170c, 5172, 5174, 5187, 5189f) to a local 
government or Indian tribal government in connec-
349 
tion with the second, or subsequent, major disaster 
during any 3-year period, the Federal share shall be 
not less than 90 percent of the eligible cost of such 
assistance. 
(2) PROVISIONS.—The provisions of law de-
scribed in this paragraph are sections 403(b), 
403(c)(4), 
404(a), 
406(b), 
408(d), 
408(g)(2), 
420(a), and 428(e)(2)(B) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170b(b), 5170b(c)(4), 5170c(a), 5172(b), 
5174(d), 5174(g)(2), 5187(a), 5189f(e)(2)). 
(c) STATE AND LOCAL PLANS FOR MEAL DELIV-
ERY.— 
(1) IN GENERAL.—Title IV of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 431. STATE AND LOCAL PLANS FOR MEAL DELIVERY. 
‘‘(a) IN GENERAL.—The Administrator may provide 
assistance to a State, local government, or Indian tribal 
government to reimburse the cost of coordinating food de-
livery, production, and distribution in the event of a major 
disaster, including—
350 
‘‘(1) establishing a network to coordinate food 
delivery, production, and distribution with businesses 
and private nonprofit organizations; 
‘‘(2) establishing contracts with small and mid- 
sized restaurants, food vendors, and private non-
profit organizations, including faith-based organiza-
tions, food banks, and soup kitchens, to prepare 
healthy meals for people in need; and 
‘‘(3) partnering with private nonprofit organiza-
tions, including faith-based organizations, food 
banks, and soup kitchens to purchase directly from 
food producers and farmers. 
‘‘(b) FEDERAL SHARE.—The Federal share of the 
cost of an activity carried out using assistance under this 
section shall be— 
‘‘(1) not less than 90 percent of the eligible cost 
of food delivery, production, and distribution during 
the 30-day period beginning on the date of the dec-
laration of the major disaster; and 
‘‘(2) not less than 90 percent of such eligible 
cost after the end of the 30-day period described in 
paragraph (1).’’. 
(2) EMERGENCIES.—Section 502(a) of the Rob-
ert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5192(a)) is amended—
351 
(A) in paragraph (7), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (8) as 
paragraph (9); and 
(C) by inserting after paragraph (7) the 
following: 
‘‘(8) provide assistance for food delivery, pro-
duction, and distribution in accordance with section 
431; and’’. 
(3) GUIDANCE.—Not later than 1 year after 
the date of enactment of this Act, the Administrator 
shall issue comprehensive guidance to States, local 
governments, and Indian tribal governments regard-
ing receiving reimbursement for the cost of food de-
livery, production, and distribution in the event of 
an emergency or major disaster under section 431 of 
the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act, as added by paragraph (1), in-
cluding— 
(A) establishing a coordination network; 
(B) enabling streamlined arrangements for 
food production and distribution; and 
(C) streamlined contracting and partnering 
with private nonprofit organizations such that 
private nonprofit organizations may apply di-
352 
rectly for reimbursement under such section as 
an agent of a State, local government, or Indian 
tribal government. 
(d) APPLICABILITY.—The amendments made by this 
section shall apply with respect to any amounts appro-
priated after the date of enactment of this Act. 
SEC. 112. FEMA IMPROVEMENT, REFORM, AND EFFICIENCY. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the Agency; 
(2) the term ‘‘Agency’’ means the Federal 
Emergency Management Agency; 
(3) the term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Homeland Security 
and Governmental Affairs and the Committee 
on Appropriations of the Senate; and 
(B) the Committee on Transportation and 
Infrastructure and the Committee on Appro-
priations of the House of Representatives; 
(4) the term ‘‘emergency’’ means an emergency 
declared or determined to exist by the President 
under section 501 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 
5191);
353 
(5) the terms ‘‘Indian tribal government’’, 
‘‘local government’’, and ‘‘State’’ have the meanings 
given such terms in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122); and 
(6) the term ‘‘major disaster’’ means a major 
disaster declared by the President under section 401 
of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5170). 
(b) REPORT ON RELOCATION ASSISTANCE.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Adminis-
trator shall submit a report regarding the use of re-
location assistance under sections 203, 404, and 406 
of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5133, 5170c, 5172) 
for wildfire risk to the appropriate committees of 
Congress. 
(2) CONTENTS.—The report submitted under 
paragraph (1) shall include the following: 
(A) Any information on relocation projects 
that have been carried out due to fire risks or 
denied by the Agency, including the number 
and value of projects either carried out or de-
nied.
354 
(B) A discussion of the possible benefits or 
disadvantages of providing relocation assistance 
that may reduce, but not eliminate, the risk of 
loss due to wildfires. 
(C) A discussion of how the Agency may 
optimize relocation assistance when entire 
States or geographic areas are considered sub-
ject to a fire risk. 
(D) An analysis of whether other mitiga-
tion measures are more cost-effective than relo-
cation assistance when the applicant is applying 
to move from a high-risk to a medium-risk or 
low-risk area with respect to wildfires. 
(E) An analysis of the need for the Fed-
eral Government to produce wildfire maps that 
identify high-risk, moderate-risk, and low-risk 
wildfire zones. 
(F) An analysis of whether other mitiga-
tion measures promote greater resilience to 
wildfires when compared to relocation or, if ad-
ditional data is required in order to carry out 
such an analysis, a discussion of the additional 
data required. 
(G) A discussion of the ability of States, 
local governments, and Indian tribal govern-
355 
ments to demonstrate fire risk, and whether the 
level of this ability impacts the ability of States, 
local governments, or Indian tribal governments 
to access relocation assistance, including an as-
sessment of existing fire mapping products and 
capabilities and recommendations on redressing 
any gaps in the ability of the Agency to assist 
States, local governments, and Indian tribal 
governments in demonstrating fire risk. 
(H) An evaluation of— 
(i) the scope of the data available to 
the Agency regarding historical wildfire 
losses; 
(ii) how such data is utilized in ben-
efit-cost analysis determinations by the 
Agency; 
(iii) what additional data, if any, may 
be pertinent to such determinations; and 
(iv) what, if any, alternative methods 
may be relevant to the determination of 
cost effectiveness. 
(I) A discussion of the extent to which the 
decision process for relocation assistance appro-
priately considers the change in future risks for 
wildfires due to a changing climate.
356 
(J) An analysis of whether statutes and 
regulations regarding relocation assistance by 
the Agency present barriers for States, local 
governments, or Indian tribal governments try-
ing to access funding to reduce wildfire risk. 
(K) An analysis of— 
(i) how, if at all, the Agency has 
modified policies and procedures to deter-
mine the eligibility of proposed relocation 
or mitigation projects with respect to 
wildfires; 
(ii) the cost effectiveness of such 
projects, in light of the increasing losses 
and obligations for wildfires in recent 
years; and 
(iii) the effectiveness of any modifica-
tions described in clause (i). 
(L) An analysis of how, if at all, recent 
changes in the availability of fire insurance has 
resulted in modifications of policy or procedure 
with respect to determining the cost efficacy of 
relocation assistance for wildfires. 
(M) An analysis of how to define repetitive 
loss and repetitively damaged properties in the 
context of wildfires.
357 
(N) A discussion of whether any legisla-
tive, regulatory, or policy changes are necessary 
for the Agency to better implement relocation 
assistance to reduce risk from wildfires. 
(O) Other related issues that the Adminis-
trator determines appropriate. 
(c) RED FLAG WARNINGS AND PREDISASTER AC-
TIONS.—Not later than 1 year after the date of enactment 
of this Act, the Administrator, in coordination with the 
National Weather Service of the National Oceanic and At-
mospheric Administration, shall— 
(1) conduct a study of, develop recommenda-
tions for, and initiate a process for the use of Red 
Flag Warnings and similar weather alert and notifi-
cation methods, including the use of emerging tech-
nologies, to establish— 
(A) plans and actions, consistent with law, 
that can be implemented prior to a wildfire 
event, including pre-impact disaster declara-
tions and surge operations, that can limit the 
impact, duration, or severity of the fire; and 
(B) mechanisms to increase interagency 
collaboration to expedite the delivery of disaster 
assistance; and
358 
(2) submit to the appropriate committees of 
Congress a comprehensive report regarding the 
study described in paragraph (1), including any rec-
ommendations of the Administrator, and the activi-
ties of the Administrator to carry out paragraph (1). 
(d) ASSISTANCE FOR WILDFIRE DAMAGE.—Not later 
than 180 days after the date of enactment of this Act, 
the Administrator shall brief the appropriate committees 
of Congress regarding— 
(1) the application for assistance and consist-
ency of assistance provided by the Agency in re-
sponse to wildfires; and 
(2) the kinds of damage that result from 
wildfires. 
(e) GAO REPORT ON GAPS.—Not later than 1 year 
after the date of enactment of this Act, the Comptroller 
General of the United States shall submit to the appro-
priate committees of Congress a report that examines— 
(1) gaps in the policies of the Agency related to 
wildfires, when compared to other hazards; 
(2) disparities in regulations and guidance 
issued by the Administrator, including any oversight 
of the programs of the Agency, when addressing im-
pacts of wildfires and other hazards;
359 
(3) ways to shorten the period of time between 
the initiating of and the distribution of assistance, 
reimbursements, and grants; 
(4) the effectiveness of the programs of the 
Agency in addressing wildfire hazards; 
(5) ways to improve the ability of the Agency 
to assist States, local governments, and Indian tribal 
governments to prepare for, respond to, recover 
from, and mitigate against wildfire hazards; 
(6) revising the application process for assist-
ance relating to wildfires to more effectively assess 
uninsured and underinsured losses and serious 
needs; and 
(7) ways to improve the disaster assistance pro-
grams of agencies other than the Agency. 
(f) CRISIS COUNSELING CULTURAL COMPETENCY.— 
Section 416 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5183) is amend-
ed— 
(1) by striking ‘‘The President’’ and inserting 
the following: 
‘‘(a) IN GENERAL.—The President’’; and 
(2) by adding at the end the following: 
‘‘(b) CULTURAL COMPETENCY.—The President shall, 
in consultation with affected States, local governments,
360 
and Indian tribal governments and cultural experts, en-
sure that any individual providing professional counseling 
services to victims of a major disaster as authorized under 
subsection (a), including those working for nonprofit part-
ners and recovery organizations, is appropriately trained 
to address— 
‘‘(1) cultural competency and respectful care 
practices; and 
‘‘(2) impacts from major disasters in commu-
nities, and to individuals, with socio-economically 
disadvantaged backgrounds.’’. 
(g) CASE MANAGEMENT CULTURAL COMPETENCY.— 
Section 426 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5189d) is amend-
ed— 
(1) by striking ‘‘The President’’ and inserting 
the following: 
‘‘(a) IN GENERAL.—The President’’; and 
(2) by adding at the end the following: 
‘‘(b) CULTURAL COMPETENCY.—The President shall, 
in consultation with affected States, local governments, 
and Indian tribal governments and cultural experts, en-
sure that any individual providing case management serv-
ices to victims of a major disaster as authorized under 
subsection (a), including those working for nonprofit part-
361 
ners and recovery organizations, is appropriately trained 
to address— 
‘‘(1) cultural competency and respectful care 
practices; and 
‘‘(2) impacts from major disasters in commu-
nities, and to individuals, with socio-economically 
disadvantaged backgrounds.’’. 
(h) STUDY AND PLAN FOR DISASTER HOUSING AS-
SISTANCE.— 
(1) STUDY.—Not later than 180 days after the 
date of enactment of this Act, the Administrator 
shall— 
(A) conduct a study and develop a plan, 
consistent with law, under which the Agency 
will address providing housing assistance to 
survivors of major disasters or emergencies 
when presented with challenges such as— 
(i) the lack of proof of ownership or 
ownership documentation; 
(ii) the presence of multiple families 
within a single household; and 
(iii) the near loss of a community, 
with the majority of homes destroyed in 
that community, including as a result of a
362 
wildfire, earthquake, or other event causing 
a major disaster; and 
(B) make recommendations for legislative 
changes needed to address— 
(i) the unmet needs of survivors of 
major disasters or emergencies who are 
unable to document or prove ownership of 
the household; 
(ii) the presence of multiple families 
within a single household; and 
(iii) the near loss of a community, 
with the majority of homes destroyed in 
that community, including as a result of a 
wildfire, earthquake, or other event causing 
a major disaster. 
(2) COMPREHENSIVE REPORT.—The Adminis-
trator shall submit to the appropriate committees of 
Congress a report that provides a detailed discussion 
of the plans developed under paragraph (1)(A) and 
the recommendations of the Administrator under 
paragraph (1)(B). 
(3) BRIEFING.—Not later than 30 days after 
submission of the report and recommendations 
under paragraph (2), the Administrator shall brief 
the appropriate committees of Congress on the find-
363 
ings and any recommendations made pursuant to 
this subsection. 
(i) REIMBURSEMENT.—Not later than 180 days after 
the date of enactment of this Act, the Administrator shall 
brief the appropriate committees of Congress regarding 
the extent to which the Agency is using housing solutions 
proposed by a State or local government to reduce the 
time or cost required to implement housing solutions after 
a major disaster. 
(j) WILDFIRE INSURANCE STUDY BY THE NATIONAL 
ACADEMIES.— 
(1) STUDY.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, 
the Administrator shall seek to enter into an 
agreement with the National Academy of 
Sciences to conduct a study of— 
(i) potential solutions to address the 
availability and affordability of insurance 
for wildfire perils in all regions of the 
United States, including consideration of a 
national all natural hazards insurance pro-
gram; 
(ii) the ability of States, communities, 
and individuals to mitigate wildfire risks,
364 
including the affordability and feasibility of 
such mitigation activities; 
(iii) the current and potential future 
effects of land use policies and building 
codes on the potential solutions; 
(iv) the reasons why many properties 
at risk of wildfire lack insurance coverage; 
(v) the role of insurers in providing 
incentives for wildfire risk mitigation ef-
forts; 
(vi) the state of catastrophic insur-
ance and reinsurance markets and the ap-
proaches in providing insurance protection 
to different sectors of the population of the 
United States; 
(vii) the role of the Federal Govern-
ment and State and local governments in 
providing incentives for feasible wildfire 
risk mitigation efforts and the cost of pro-
viding assistance in the absence of insur-
ance; 
(viii) the state of modeling and map-
ping wildfire risk and solutions for accu-
rately and adequately identifying future 
wildfire risk;
365 
(ix) approaches to insuring wildfire 
risk in the United States; and 
(x) such other issues that may be nec-
essary or appropriate for the report. 
(B) CONSULTATION.—The agreement to 
conduct the study described in subparagraph 
(A) shall require that, in conducting the study, 
the National Academy of Sciences shall consult 
with State insurance regulators, consumer orga-
nizations, representatives of the insurance and 
reinsurance industry, policyholders, and other 
organizations and experts, as appropriate. 
(2) SUBMISSION.—Not later than 2 years after 
the date of enactment of this Act, the Administrator 
shall submit to Congress the results of the study 
commissioned under paragraph (1). 
(k) INCREASED CAP
FOR EMERGENCY DECLARA-
TIONS BASED ON REGIONAL COST OF LIVING.—Not later 
than 180 days after the date of enactment of this Act, 
the Administrator shall brief the appropriate committees 
of Congress regarding the benefits and drawbacks of es-
tablishing a maximum amount for assistance provided for 
an emergency that is based on the cost of living in the 
region in which the emergency occurs.
366 
(l) FACILITATING DISPOSAL OF TEMPORARY TRANS-
PORTABLE HOUSING UNITS
TO SURVIVORS.—Section 
408(d)(2)(B)(i) of the Robert T. Stafford Disaster Relief 
and 
Emergency 
Assistance 
Act 
(42 
U.S.C. 
5174(d)(2)(B)(i)) is amended by inserting ‘‘, with priority 
given to a survivor of a major disaster who suffered a 
property loss as a result of the major disaster’’ after ‘‘any 
person’’. 
(m) DEADLINE ON CODE ENFORCEMENT AND MAN-
AGEMENT COST ELIGIBILITY.—Section 406(a)(2)(D) of 
the Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5172(a)(2)(D)) is amended by 
striking ‘‘180 days’’ and inserting ‘‘1 year’’. 
(n) PERMIT APPLICATIONS FOR TRIBAL UPGRADES 
TO EMERGENCY OPERATIONS CENTERS.—Section 614(a) 
of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5196c(a)) is amended by insert-
ing ‘‘and Indian tribal governments’’ after ‘‘grants to 
States’’. 
(o) APPLICABILITY.—The amendments made by this 
section shall apply with respect to any amounts appro-
priated after the date of enactment of this Act.
367 
SEC. 113. FIRE INVESTIGATIONS. 
The Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2201 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 38. INVESTIGATION AUTHORITIES. 
‘‘(a) IN GENERAL.—In the case of any major fire, 
the Administrator may send incident investigators, which 
may include safety specialists, fire protection engineers, 
codes and standards experts, researchers, and fire training 
specialists, to the site of the fire to conduct an investiga-
tion as described in subsection (b). 
‘‘(b) INVESTIGATION REQUIRED.—A fire investiga-
tion conducted under this section— 
‘‘(1) shall be conducted in coordination and co-
operation with appropriate Federal, State, and local 
authorities, including Federal agencies that are au-
thorized to investigate a major fire or an incident of 
which the major fire is a part; and 
‘‘(2) shall examine the determined cause and 
origin of the fire and assess broader systematic mat-
ters to include use of codes and standards, demo-
graphics, structural characteristics, smoke and fire 
dynamics (movement) during the event, and costs of 
associated injuries and deaths. 
‘‘(c) REPORT.—Upon concluding any fire investiga-
tion under this section, the Administrator shall issue a
368 
public report to local, State, and Federal authorities on 
the findings of such investigation, or collaborate with an-
other investigating Federal agency on that agency’s re-
port, including recommendations on— 
‘‘(1) any other buildings with similar character-
istics that may bear similar fire risks; 
‘‘(2) improving tactical response to similar fires; 
‘‘(3) improving civilian safety practices; 
‘‘(4) assessing the costs and benefits to the 
community of adding fire safety features; and 
‘‘(5) how to mitigate the causes of such fire. 
‘‘(d) DISCRETIONARY AUTHORITY.—In addition to 
investigations conducted pursuant to subsection (a), the 
Administrator may send fire investigators to conduct in-
vestigations at the site of any fire with unusual or remark-
able context that results in losses less severe than those 
occurring as a result of a major fire, in coordination with 
appropriate Federal, State, and local authorities, including 
Federal agencies that are authorized to investigate a 
major fire or an incident of which the major fire is a part. 
‘‘(e) MAJOR FIRE DEFINED.—For purposes of this 
section, the term ‘major fire’ shall have the meaning given 
such term under regulations to be issued by the Adminis-
trator.’’.
369 
SEC. 114. CRITICAL INFRASTRUCTURE AND MICROGRID 
PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) CRITICAL FACILITY.— 
(A) IN GENERAL.—The term ‘‘critical fa-
cility’’ means a facility that provides services or 
may be used— 
(i) to save lives; 
(ii) to protect property, public health, 
and public safety; or 
(iii) to lessen or avert the threat of a 
catastrophe. 
(B) INCLUSIONS.—The term ‘‘critical facil-
ity’’ includes— 
(i) a hospital; 
(ii) an outpatient clinic; 
(iii) a nursing home; 
(iv) a police station; 
(v) an emergency operation center; 
(vi) a jail or prison; 
(vii) a fire station; 
(viii) a facility in the communications 
sector, as determined by the Secretary; 
(ix) a facility in the chemical sector, 
as determined by the Secretary;
370 
(x) a school or other large building 
that may serve as a temporary gathering 
space; 
(xi) a utility station, such as a water 
and wastewater station; and 
(xii) a facility described in subpara-
graph (A) that is owned or operated by, or 
provides services to, an Indian Tribe (as 
defined in section 4 of the Indian Self-De-
termination and Education Assistance Act 
(25 U.S.C. 5304)). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(b) CRITICAL INFRASTRUCTURE
AND MICROGRID 
PROGRAM.— 
(1) IN GENERAL.—The Secretary shall establish 
a program— 
(A) to provide grants to improve the en-
ergy resilience and power needs of critical facili-
ties through the use of microgrids, renewable 
energy, energy efficiency, reduced electricity de-
mand, and on-site storage; 
(B) to provide grants to improve the en-
ergy efficiency of critical facilities by decreasing 
the size and cost of generators;
371 
(C) to provide technical assistance and fa-
cilitate the distribution and sharing of informa-
tion to develop more resilient electricity systems 
(including bulk systems and localized systems); 
and 
(D) to promulgate consumer-facing infor-
mation and resources to inform the public on 
best practices and resources related to increas-
ing resilience of electricity systems and reducing 
the impacts of extreme weather events on elec-
tricity systems. 
(2) REQUIREMENTS.—In carrying out the pro-
gram established under paragraph (1), the Secretary 
shall ensure, with respect to critical facilities— 
(A) provision of on-site back-up power with 
renewable resources, low-carbon liquid fuels, 
and on-site energy storage technologies; and 
(B) installation, at the transmission and 
distribution level, of interoperable technologies, 
advanced power flow control, dynamic line rat-
ing, topology optimization, and communications 
systems. 
(3) INTERESTED
PARTY
INPUT.—In estab-
lishing the program under paragraph (1), the Sec-
retary shall seek the input of State energy regu-
372 
lators, electric utilities (as defined in section 3 of the 
Federal Power Act (16 U.S.C. 796)), regional trans-
mission organizations and independent system oper-
ators, electric utility customers and ratepayer orga-
nizations, local governments, community choice 
aggregators or regional energy collaboratives, and 
other interested parties. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Secretary $100,000,000 to carry 
out this section, to remain available until expended. 
(2) ADMINISTRATIVE COSTS.—Of the amount 
authorized to be appropriated to carry out this sec-
tion, not more than 10 percent authorized to be ap-
propriated for salaries and expenses, administrative 
management, and oversight of the program estab-
lished under subsection (b)(1). 
SEC. 115. ADVANCED TRANSMISSION TECHNOLOGY STUDY. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Energy 
shall— 
(1) conduct a study on the ability of advanced 
transmission technologies, including low sag ad-
vanced conductors, to reduce the vulnerability of 
electric grid infrastructure to energy disruptions
373 
caused by natural disasters and extreme weather; 
and 
(2) submit to the appropriate committees of 
Congress the results of such study. 
(b) DEFINITIONS.—In this section, the term ‘‘appro-
priate committees of Congress’’ means— 
(1) the Committee on Energy and Commerce of 
the House of Representatives; and 
(2) the Committee on Energy and Natural Re-
sources of the Senate. 
SEC. 116. RURAL COMMUNITIES DRINKING WATER RESIL-
IENCY. 
(a) NEW WELL CONSTRUCTION GRANTS.—Subtitle 
A of the Consolidated Farm and Rural Development Act 
(7 U.S.C. 1922–1936c) is amended by inserting after sec-
tion 306E the following: 
‘‘SEC. 306F. NEW WELL CONSTRUCTION GRANTS. 
‘‘(a) IN GENERAL.—The Secretary shall provide 
grants in accordance with this section to local govern-
ments and public or private nonprofit entities for projects 
designed to supply drinking water to rural communities 
in which a significant number of dwellings with private 
drinking water wells have wells that are not producing 
water.