(A) independently evaluate the documenta-
tion prepared and submitted under paragraph 
(c)(1); and 
(B) be responsible for the accuracy, scope, 
and contents of that documentation. 
(3) EFFECT OF EXECUTION.—The execution of 
the Agreement by the Secretary under this section 
shall not constitute a major action for purposes of 
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(4) COSTS.— 
(A) IN
GENERAL.—Any costs associated 
with the performance of the compliance and co-
ordination activities under this subsection shall 
be paid from funds deposited in the Project 
Fund, subject to the condition that any costs 
associated with the performance of Federal ap-
proval or other review of that compliance work 
or costs associated with inherently Federal 
functions shall remain the responsibility of the 
Secretary. 
SEC. 102. WATER RIGHTS. 
(a) CONFIRMATION OF WATER RIGHTS.— 
(1) IN
GENERAL.—The Water Rights of the 
Yavapai-Apache Nation as set forth in the Yavapai- 
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Apache Nation Water Rights Settlement Agreement 
are ratified, confirmed and declared to be valid. 
(2) USE.—Any use of Water pursuant to the 
Water Rights described in subsection (a)(1) by the 
Yavapai-Apache Nation shall be subject to the terms 
and conditions of the Agreement and this Act. 
(3) CONFLICT.—In the event of a conflict be-
tween the Agreement and this Act, this Act shall 
control. 
(b) WATER RIGHTS TO BE HELD IN TRUST FOR THE 
YAVAPAI-APACHE NATION.—The United States shall hold 
the following Water Rights in trust for the benefit of the 
Yavapai-Apache Nation: 
(1) The Water Rights described in Paragraphs 
5.0, 6.0, 8.0, 9.0 and 11.0 of the Agreement; and 
(2) Any future Water Rights taken into trust 
pursuant to subsection (f) and (g). 
(c) OFF-RESERVATION USE.—Except for Effluent as 
provided in Subparagraphs 4.15 of the Agreement, YAN 
CAP Water as provided in Subparagraph 6.0 of the Agree-
ment, and Water that is subject to an Exchange in accord-
ance with State law, the rights to Water set forth in Sub-
paragraph 4.1 of the Agreement may not be sold, leased, 
transferred or used outside the boundaries of the YAN 
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Reservation, YAN Trust Land, or YAN After-Acquired 
Trust Land. 
(d) FORFEITURE AND ABANDONMENT.—None of the 
water rights described in subsection (b)(1) shall be subject 
to loss through non-use, forfeiture, abandonment, or other 
operation of law. 
(e) YAVAPAI-APACHE NATION CAP WATER.—The 
Yavapai-Apache Nation shall have the right to divert, use, 
and store YAN CAP Water in accordance with the Agree-
ment and section 111 of this Act. 
(f) WATER RIGHTS HELD
IN TRUST
FOR YAN 
AFTER-ACQUIRED TRUST LAND.—As described in Sub-
paragraph 4.13.2.1 of the Agreement, and subject to all 
valid and existing rights, any Water Rights appurtenant 
to YAN After-Acquired Trust Land at the time such land 
is taken into trust by the Secretary shall be held in trust 
by the United States for the benefit of the Yavapai-Apache 
Nation. 
(g) WATER RIGHTS HELD IN TRUST FOR FUTURE 
ACQUISITIONS OF WATER RIGHTS.—As described in Sub-
paragraphs 4.14.1 and 4.14.2 of the Agreement, and sub-
ject to all valid and existing rights, upon the request of 
the Yavapai-Apache Nation, and in accordance with appli-
cable Federal law, the Secretary shall accept and take into 
trust for the benefit of the Yavapai-Apache Nation, any 
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Water Rights severed and transferred to the Reservation, 
YAN Trust Land, or YAN After-Acquired Trust Land. 
SEC. 
103. 
TU´
N´ LNI´CHOH 
WATER 
INFRASTRUCTURE 
PROJECT. 
(a) IN GENERAL.—The Secretary, acting through the 
Commissioner, shall plan, design and construct the Tu´ 
n´lnı´choh Water Infrastructure Project, which shall con-
sist of— 
(1) the Cragin-Verde Pipeline Project as de-
scribed in subsection (b); and 
(2) the Yavapai-Apache Nation Drinking Water 
System Project as described in subsection (c). 
(b) CRAGIN-VERDE PIPELINE PROJECT.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Commissioner, and without cost to the 
Salt River Federal Reclamation Project, shall— 
(A) Plan, design and construct the Cragin- 
Verde Pipeline Project as part of the Salt River 
Federal Reclamation Project; and 
(B) Obtain any rights-of-way or other in-
terests in land needed to construct the Cragin- 
Verde Pipeline Project. 
(2) SCOPE.— 
(A) IN GENERAL.—The scope of the plan-
ning, design, and construction activities for the 
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Cragin-Verde Pipeline Project shall be as gen-
erally described as Alternative 5A in the docu-
ment entitled Phase II: Yavapai-Apache Nation 
Indian Water Rights Settlement, Value Plan-
ning Study, Bureau of Reclamation, Interior 
Region 8, Lower Colorado Basin, as amended. 
(3) REQUIREMENTS.—The Cragin-Verde Pipe-
line Project shall— 
(A) be capable of delivering no less than 
6,836.92 AFY of water from the C.C. Cragin 
Dam and Reservoir for Use by the YAN as pro-
vided in the Settlement Agreement and this 
Act, and up to an additional 1,912.18 AFY for 
Use by water users in Yavapai County as pro-
vided in section 114(a)(2); 
(B) include all facilities and appurtenant 
items necessary to divert, store, and deliver 
water to the YAN Delivery Point on the 
Yavapai-Apache Reservation; and 
(C) to the maximum extent practicable, be 
designed and constructed to minimize care, op-
eration, and maintenance costs. 
(4) TITLE TO FACILITIES.—Title to the Cragin- 
Verde Pipeline Project shall be held by the United 
States as part of the Salt River Federal Reclamation 
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Project pursuant to the Reclamation Act of 1902, 
43 U.S.C. 371 et seq., as amended. 
(5) ASSUMPTION OF AND RESPONSIBILITY FOR 
CARE, OPERATION, AND MAINTENANCE OF CRAGIN- 
VERDE PIPELINE PROJECT.—Upon the Date of Sub-
stantial Completion, SRP shall assume and be re-
sponsible for the care, operation, and maintenance of 
the Cragin-Verde Pipeline Project pursuant to the 
contract between the United States and the Salt 
River Valley Water Users’ Association dated Sep-
tember 6, 1917, as amended. 
(6) COSTS OF CARE, OPERATION, AND MAINTE-
NANCE
TO
BE
BORNE
BY
PROJECT
BENE-
FICIARIES.—The costs of the care, operation, and 
maintenance of the Cragin-Verde Pipeline Project 
shall not be borne by SRP. Except as provided in 
Subparagraph 10.10 of the Agreement, the Yavapai- 
Apache Nation and any other beneficiaries of the 
Cragin-Verde Pipeline Project shall bear the costs of 
the care, operation, and maintenance of the Cragin- 
Verde Pipeline Project on a pro rata basis after the 
Date of Substantial Completion. Until the Date of 
Substantial Completion, the costs of care, operation, 
and maintenance shall be borne by the Secretary. 
(7) WITHDRAWAL AND RESERVATION.— 
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(A) DEFINITIONS.—For purposes of this 
paragraph (7), the term ‘‘covered land’’ means 
the portion of the National Forest System land 
determined by the Secretary of the Interior to 
be necessary for the construction and operation 
of the Cragin-Verde Pipeline Project as de-
picted on the map prepared under subpara-
graph (D). 
(B) WITHDRAWAL OF COVERED LAND.— 
The covered land is permanently withdrawn 
from— 
(i) all forms of entry, appropriation, 
and disposal under the public land laws; 
(ii) location, entry, and patent under 
the mining laws; and 
(iii) operation of the mineral leasing, 
mineral materials, and geothermal leasing 
laws. 
(C) RESERVATION OF COVERED LAND.— 
Subject to valid existing rights, the covered 
land is reserved to the United States, through 
the Secretary of the Interior, for the exclusive 
right to use the covered land and interests in 
the covered land for Bureau of Reclamation 
purposes to construct the Cragin-Verde Pipeline 
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Project as part of the Salt River Federal Rec-
lamation Project and operated by SRP pursu-
ant to the contract between the United States 
and the Salt River Valley Water Users’ Associa-
tion dated September 6, 1917, as amended. 
(D) MAP OF COVERED LAND.—As soon as 
practicable after the date of enactment of this 
Act, the Secretary of Interior shall prepare a 
map depicting the boundary of the covered land 
which shall be on file and available for public 
inspection in the appropriate offices of the For-
est Service and the Bureau of Reclamation. 
(c) YAVAPAI-APACHE NATION DRINKING WATER 
SYSTEM PROJECT.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Commissioner, shall— 
(A) plan, design and construct the YAN 
Drinking Water System Project; 
(B) comply with all requirements of section 
101(c)(1); and 
(C) obtain any rights-of-way or other inter-
ests in land needed to construct the YAN 
Drinking Water System Project. 
(2) SCOPE.— 
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(A) IN GENERAL.—The scope of the plan-
ning, design, and construction activities for the 
YAN Drinking Water System Project shall be 
as generally described in the document entitled 
Yavapai-Apache Nation Drinking Water Infra-
structure Plan dated July 2024, provided that, 
the design of the project may be adjusted by 
mutual agreement of the Secretary and the 
Yavapai-Apache Nation if the requirements of 
subsection (c)(3) can be met and the adjust-
ment is not expected to increase the total cost 
of the project. 
(3) 
REQUIREMENTS.—The 
YAN 
Drinking 
Water System Project shall— 
(A) include a surface water treatment fa-
cility capable of treating up to 2.25 million gal-
lons of water per day (mgd), with a peak of 3.0 
mgd, for water delivered to the YAN Delivery 
Point from the C.C. Cragin Dam and Reservoir 
via the Cragin-Verde Pipeline Project, except as 
otherwise provided for in paragraph (4); 
(B) include pipelines, water storage tanks, 
pump stations, transmission mains and other 
associated infrastructure necessary for the de-
livery of the treated water from the surface 
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water treatment facility described in subpara-
graph (A) to the locations described in the 
Yavapai-Apache Nation Drinking Water Infra-
structure Plan dated July 2024, or as otherwise 
agreed to by the Nation and the Secretary; and 
(C) to the maximum extent practicable, be 
designed and constructed to minimize care, op-
eration, and maintenance costs. 
(4) INCREASE IN CAPACITY AND COST SHARE.— 
For the water described in section 114(a), the Sec-
retary is authorized to increase the capacity of the 
YAN Drinking Water System Project to treat and 
deliver up to 1.9 mgd, with a peak of 2.5 mgd, for 
such water delivered to the YAN Delivery Point 
from the C.C. Cragain Dam and Reservoir via the 
Cragin-Verde Pipeline Project, provided that— 
(A) the Yavapai-Apache Nation and the 
water user or users described in section 114(a) 
agree to terms and conditions for the Nation to 
treat and distribute the water described in sec-
tion 114(a); 
(B) the water user or water users located 
in Yavapai County pay their share of the cost 
of construction to increase the capacity of the 
YAN Drinking Water System Project; and pay-
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ment for such costs are deposited into the YAN 
Drinking Water System Project Fund Account 
described in section 104(c) for use for the pur-
poses described in subsection (c)(1); and 
(C) the request to increase the capacity of 
the YAN Drinking Water System Project and 
meeting the conditions required of this para-
graph (4) will not delay the timely completion 
of the YAN Drinking Water System Project to 
accept delivery of water from the Cragin-Verde 
Pipeline Project to the YAN Delivery Point for 
the benefit of the Yavapai-Apache Nation. 
(5) TITLE TO FACILITIES.—The YAN Drinking 
Water System Project shall be owned by the United 
States during construction. Upon the Date of Sub-
stantial Completion of the Tu´ n´lnı´choh Water In-
frastructure Project described in subsection (a), the 
Secretary shall transfer title to the YAN Drinking 
Water System Project to the Yavapai-Apache Na-
tion. 
(6) ASSUMPTION
OF
AND
RESPONSIBILITY 
CARE, OPERATION, AND MAINTENANCE OF THE YAN 
DRINKING
WATER
SYSTEM
PROJECT.—Upon the 
Date of Substantial Completion of the Tu´ n´lnı´choh 
Water Infrastructure Project described in subsection 
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(a), the Yavapai-Apache Nation shall assume and be 
responsible for the care, operation, and maintenance 
of the YAN Drinking Water System Project. Until 
the Date of Substantial Completion, the costs of 
care, operation, and maintenance shall be borne by 
the Secretary. 
(7) APPLICABILITY OF ISDEAA.—On receipt of 
a request of the Yavapai-Apache Nation, and in ac-
cordance with the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5301 et seq.), 
the Secretary shall enter into 1 or more agreements 
with the Nation to carry out the activities authorized 
by this subsection (c). 
(8) CONDITION.—As a condition of construction 
of the YAN Drinking Water System Project author-
ized by this subsection (c), the Nation shall author-
ize, at no cost to the Secretary, the use of all land 
or interests in land located on the Reservation, YAN 
Trust Land and YAN After-Acquired Trust Land 
that the Secretary identifies as necessary for the 
planning, design, construction, operation and main-
tenance of the YAN Drinking Water System Project 
until the transfer of title to the YAN Drinking 
Water System Project to the Nation pursuant to 
subsection (c)(5). 
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(d) DATE OF SUBSTANTIAL COMPLETION.—The Tu´ 
n´lnı´choh Water Infrastructure Project shall be deemed 
substantially complete on the date on which written notice 
is provided to the Parties by the Bureau of Reclamation 
that the Cragin-Verde Pipeline Project and the YAN 
Drinking Water System Project are sufficiently complete 
to place the projects into service for their intended use 
(‘‘Date of Substantial Completion’’). 
SEC. 
104. 
TU´
N´ LNI´CHOH 
WATER 
INFRASTRUCTURE 
PROJECT FUND. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a non-trust interest-bearing account to be known as the 
Tu´
n´lnı´choh Water Infrastructure Project Fund 
(‘‘Project Fund’’) to be managed and distributed by the 
Secretary, for use by the Secretary for carrying out this 
Act. 
(b) ACCOUNTS.—The Secretary shall establish within 
the Project Fund the following accounts— 
(1) the Cragin-Verde Pipeline Account; and 
(2) the YAN Drinking Water System Account. 
(c) DEPOSITS.—The Secretary shall deposit— 
(1) in the Cragin-Verde Pipeline Account, the 
amounts 
made 
available 
pursuant 
to 
section 
107(a)(1)(A); and 
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(2) in the YAN Drinking Water System Ac-
count, the amounts made available pursuant to sec-
tion 107(a)(1)(B). 
(d) USES.— 
(1) CRAGIN-VERDE
PIPELINE
ACCOUNT.—The 
Cragin-Verde Pipeline Account shall be used by the 
Secretary to— 
(A) carry out section 103(b) of this Act, 
including all required environmental compliance 
under section 101(c), for the Cragin-Verde 
Pipeline Project; and 
(B) reimburse SRP for the proportional 
Cragin Capital Costs and Cragin O&M Costs 
associated with water delivered to the Yavapai- 
Apache Nation from the C.C. Cragin Dam and 
Reservoir under Subparagraph 8.6.1 of the 
Agreement. 
(2) YAN DRINKING WATER SYSTEM ACCOUNT.— 
The YAN Drinking Water System Account shall be 
used by the Secretary to carry out section 103(c) of 
this Act, including all required environmental com-
pliance under section 101(c), for the YAN Drinking 
Water System Project. 
(e) AVAILABILITY OF AMOUNTS.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), amounts appropriated to and deposited in 
the 
Project 
Fund 
Accounts 
under 
sections 
107(a)(1)(A) and 107(a)(1)(B) shall not be made 
available for expenditure until the Enforceability 
Date. 
(2) EXCEPTION.—Of the amounts made avail-
able under paragraph (1), $13,000,000 shall be 
made available before the Enforceability Date for 
the Bureau of Reclamation to carry out environ-
mental compliance and preliminary design of the Tu´ 
n´lnı´choh Water Infrastructure Project, subject to 
the following: 
(A) The revision of the Settlement Agree-
ment and exhibits to conform to this Act. 
(B) Execution by all of the required settle-
ment parties, including the United States, of 
the conformed Settlement Agreement and ex-
hibits, including the waivers and releases of 
claims under section 108. 
(f) INTEREST.—In addition to the deposits under 
subsection (c), any investment earnings, including interest 
credited to amounts unexpended, are authorized to be ap-
propriated to be used in accordance with the uses de-
scribed in subsections (d)(1) and (d)(2). 
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(g) PROJECT EFFICIENCIES.— 
(1) If the total cost of the activities described 
in either section 103(b) or 103(c) are less than the 
amounts authorized to be obligated under sections 
107(a)(1)(A) and 107(a)(1)(B) to carry out those 
activities, the Secretary shall deposit the savings 
into the other account within the Project Fund as 
described in subsection (b), if such funds are nec-
essary to complete the construction of any compo-
nent of the Tu´ n´lnı´choh Water Infrastructure 
Project. 
(2) Any funds remaining in the Project Fund at 
the Date of Substantial Completion shall be depos-
ited in the Yavapai-Apache Nation Water Settlement 
Trust Fund no later than 60 days after the Date of 
Substantial Completion. No later than 30 days after 
the Date of Substantial Completion, the Yavapai- 
Apache Nation may direct the allocation and 
amounts for the deposit of such funds to one or 
more of the accounts described in section 105(b), 
but if no timely direction is provided to the Sec-
retary, the Secretary shall deposit the full amount of 
such funds to the Yavapai-Apache Water Projects 
Account described in section 105(b)(2). 
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SEC. 105. YAVAPAI-APACHE NATION WATER SETTLEMENT 
TRUST FUND. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a trust fund for the Yavapai-Apache Nation, to be known 
as the ‘‘Yavapai-Apache Nation Water Settlement Trust 
Fund’’ (‘‘Trust Fund’’) to be managed, invested, and dis-
tributed by the Secretary and to remain available until ex-
pended, withdrawn, or reverted to the general fund of the 
Treasury, consisting of the amounts deposited in the 
Trust Fund under subsection (c), together with any in-
vestment earnings, including interest, earned on those 
amounts for the purpose of carrying out this Act. 
(b) ACCOUNTS.—The Secretary shall establish in the 
Trust Fund the following accounts: 
(1) The Yavapai-Apache Water Settlement Im-
plementation Account; 
(2) The Yavapai-Apache Water Projects Ac-
count; 
(3) The Yavapai-Apache Wastewater Projects 
Account; 
(4) The Yavapai-Apache OM&R Account; and 
(5) The Yavapai-Apache Watershed Rehabilita-
tion and Restoration Account. 
(c) DEPOSITS.—The Secretary shall deposit— 
(1) in the Yavapai-Apache Water Settlement 
Implementation Account established under sub-
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section (b)(1), the amounts made available pursuant 
to subparagraph (A) of section 107(a)(2); 
(2) in the Yavapai-Apache Water Projects Ac-
count established under subsection (b)(2), the 
amounts made available pursuant to subparagraph 
(B) of section 107(a)(2); 
(3) in the Yavapai-Apache Wastewater Projects 
Account established under subsection (b)(3), the 
amounts made available pursuant to subparagraph 
(C) of section 107(a)(2); 
(4) in the Yavapai-Apache OM&R Account es-
tablished under subsection (b)(4), the amounts made 
available pursuant to subparagraph (D) of section 
107(a)(2); and 
(5) in the Yavapai-Apache Watershed Rehabili-
tation and Restoration Account established under 
subsection (b)(5), the amounts made available pur-
suant to subparagraph (E) of section 107(a)(2). 
(d) MANAGEMENT AND INTEREST.— 
(1) MANAGEMENT.—On receipt and deposit of 
funds into the Trust Fund pursuant to subsection 
(b), the Secretary shall manage, invest, and dis-
tribute all amounts in the Trust Fund in a manner 
that is consistent with the investment authority of 
the Secretary under— 
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(A) the first section of the Act of June 24, 
1938 (25 U.S.C. 162a); 
(B) the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 
et seq.); and 
(C) this subsection. 
(2) INVESTMENT
EARNINGS.—In addition to 
the deposits made to the Trust Fund under sub-
section (b), any investment earnings, including inter-
est, credited to amounts held in the Trust Fund are 
authorized to be used in accordance with subsection 
(g). 
(e) AVAILABILITY OF AMOUNTS.— 
(1) IN GENERAL.—Amounts deposited in the 
Trust Fund (including any investment earnings) 
shall be made available to the Yavapai-Apache Na-
tion by the Secretary beginning on the Enforce-
ability Date, subject to the requirements of this Act. 
(f) WITHDRAWALS.— 
(1) WITHDRAWALS UNDER THE AMERICAN IN-
DIAN TRUST FUND MANAGEMENT REFORM ACT OF 
1994.— 
(A) IN
GENERAL.—The Yavapai-Apache 
Nation may withdraw any portion of the 
amounts in the Trust Fund on approval by the 
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Secretary of a Tribal management plan sub-
mitted by the Nation in accordance with the 
American Indian Trust Fund Management Re-
form Act of 1994 (25 U.S.C. 4001 et seq.). 
(B) REQUIREMENTS.—In addition to the 
requirements under the American Indian Trust 
Fund Management Reform Act of 1994 (25 
U.S.C. 4001 et seq.), the Tribal management 
plan under this subsection shall require that the 
Yavapai-Apache Nation spend all amounts with-
drawn from the Trust Fund and any invest-
ment earnings accrued through the investments 
under the Tribal management plan in accord-
ance with this Act. 
(C) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary— 
(i) to enforce the Tribal management 
plan; and 
(ii) to ensure that amounts withdrawn 
by the Yavapai-Apache Nation from the 
Trust Fund under this subsection are used 
in accordance with this Act. 
(2) EXPENDITURE PLAN.— 
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(A) IN
GENERAL.—The Yavapai-Apache 
Nation may submit to the Secretary a request 
to withdraw funds from the Trust Fund pursu-
ant to an approved expenditure plan. 
(B) REQUIREMENTS.—To be eligible to 
withdraw amounts under an expenditure plan 
under this subparagraph, the Yavapai-Apache 
Nation shall submit to the Secretary an expend-
iture plan for any portion of the Trust Fund 
that the Yavapai-Apache Nation elects to with-
draw pursuant to this subparagraph, subject to 
the condition that the amounts shall be used for 
the purposes described in this Act. 
(C) INCLUSIONS.—An expenditure plan 
under this subparagraph shall include a descrip-
tion of the manner and purpose for which the 
amounts proposed to be withdrawn from the 
Trust Fund will be used by the Yavapai-Apache 
Nation in accordance this Act. 
(D) APPROVAL.—The Secretary shall ap-
prove an expenditure plan submitted under 
clause (ii) if the Secretary determines that the 
plan— 
(i) is reasonable; and 
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(ii) is consistent with, and will be used 
for, the purposes of this Act. 
(E) ENFORCEMENT.—The Secretary may 
carry out such judicial and administrative ac-
tions as the Secretary determines to be nec-
essary to enforce an expenditure plan to ensure 
that amounts disbursed under this subsection 
are used in accordance with this Act. 
(g) USES.—In general.—The amounts from the 
Trust Fund shall be used by the Yavapai-Apache Nation 
for the following purposes: 
(1) THE YAVAPAI-APACHE WATER SETTLEMENT 
IMPLEMENTATION
ACCOUNT.—Amounts 
in 
the 
Yavapai-Apache Water Settlement Implementation 
Account may only be used for the following pur-
poses— 
(A) to pay fees and costs incurred by the 
Yavapai-Apache Nation for filing and proc-
essing any application or obtaining any permit 
required under Paragraphs 5.0, 8.0, or 11.0 of 
the Agreement; 
(B) to pay costs incurred by the Yavapai- 
Apache Nation to participate in the planning, 
preliminary design, and environmental compli-
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ance activities for the Cragin-Verde Pipeline 
Project; 
(C) to engage in water management plan-
ning to comply with Paragraph 12.0 of the 
Agreement; and 
(D) to pay, reimburse, or retire debt for 
costs incurred by the Yavapai-Apache Nation 
after the date of enactment of this Act for work 
under subparagraphs (A), (B) or (C). 
(2) THE
YAVAPAI-APACHE
WATER
PROJECTS 
ACCOUNT.—Amounts in the Yavapai-Apache Water 
Projects Account may only be used for the following 
purposes— 
(A) environmental compliance, permitting, 
planning, engineering and design, and construc-
tion, including acquisition of any necessary 
rights-of-way or other interests in land, and any 
other related activities necessary for the com-
pletion of construction for— 
(i) expansion of the YAN Drinking 
Water System Project after the Date of 
Substantial Completion; 
(ii) water infrastructure, and water 
storage and recovery projects, that facili-
tate the use or management of the water 
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sources identified in Subparagraph 4.1 of 
the Agreement; and 
(iii) the Yavapai-Apache Nation’s pro-
portionate share for any joint project with 
communities in the Verde Valley Water-
shed that facilitate the use or management 
of the water sources identified in Subpara-
graph 4.1 of the Agreement; and 
(B) to pay, reimburse, or retire debt for 
costs incurred by the Yavapai-Apache Nation 
after the date of enactment of this Act for 
projects under subparagraph (A). 
(3) 
THE
YAVAPAI-APACHE
WASTEWATER 
PROJECTS
ACCOUNT.—Amounts in the Apache 
Wastewater Projects Account may only be used for 
the following purposes— 
(A) environmental compliance, planning, 
permitting, engineering and design, and con-
struction, including acquisition of any necessary 
rights-of-way or other interests in land, and any 
other related activities necessary for the com-
pletion of construction for— 
(i) wastewater infrastructure, and 
wastewater storage and recovery projects, 
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that facilitate the reuse or management of 
Effluent; 
(ii) the Yavapai-Apache Nation’s pro-
portionate share for any joint project or 
projects with communities in the Verde 
Valley Watershed that facilitate the reuse 
or management of Effluent; 
(B) to pay, reimburse, or retire debt for 
costs incurred by the Yavapai-Apache Nation 
after the date of enactment of this Act for 
projects under subparagraph (A); and 
(C) to pay the outstanding debt on the 
Yavapai-Apache Nation’s loan with the Water 
Infrastructure and Finance Authority of Ari-
zona for the construction of the Middle Verde 
Water Reclamation Facility (MVWRF) and to 
reimburse the Yavapai-Apache Nation up to 
$8,000,000 in additional construction costs re-
lated to construction of the MVWRF. 
(4) THE
YAVAPAI-APACHE
OM&R
ACCOUNT.— 
Amounts in the Yavapai-Apache OM&R Account 
may only be used to pay costs of the following— 
(A) OM&R and energy costs for the Tu´ 
n´lnı´choh Water Infrastructure Project which 
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includes the Cragin-Verde Pipeline Project and 
the YAN Drinking Water System Project; 
(B) OM&R, energy costs, and any other 
charges assessed to the Yavapai-Apache Nation 
pursuant to the YAN-SRP Water Delivery and 
Use Agreement, the YAN-SRP Exchange 
Agreement, and the YAN Amended CAP Water 
Delivery Contract; and 
(C) OM&R for Yavapai-Apache Nation 
projects described in subsections (a)(2), (a)(3) 
and (a)(5). 
(5) YAVAPAI-APACHE WATERSHED REHABILITA-
TION AND RESTORATION ACCOUNT.—Amounts in the 
Yavapai-Apache Watershed Rehabilitation and Res-
toration Account may only be used for the purpose 
of environmental compliance, permitting, planning, 
engineering and design activities, and construction 
of projects for the protection and restoration of the 
Verde River Watershed, and any other related activi-
ties necessary for the completion of such projects. 
(h) LIABILITY.—The Secretary and the Secretary of 
the Treasury shall not be liable for the expenditure or in-
vestment of any amounts withdrawn from the Trust Fund 
by the Yavapai-Apache Nation under section 105(f). 
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(i) TITLE TO INFRASTRUCTURE.—Title to, control 
over, and operation of any project constructed using funds 
from the Trust Fund, shall remain in the Yavapai-Apache 
Nation. 
(j) NO PER CAPITA DISTRIBUTIONS.—No portion of 
the Trust Fund shall be distributed on a per capita basis 
to any Member of the Yavapai-Apache Nation. 
(k) EXPENDITURE REPORTS.—The Yavapai-Apache 
Nation shall annually submit to the Secretary an expendi-
ture report describing accomplishments and amounts 
spent from use of withdrawals under a Tribal management 
plan or an expenditure plan under this Act. 
(l) EFFECT.—Nothing in this section gives the 
Yavapai-Apache Nation the right to judicial review of a 
determination of the Secretary relating to whether to ap-
prove a Tribal management plan under subsection (f)(1) 
or an expenditure plan under subsection (f)(2) except 
under subchapter II of chapter 5, and chapter 7, of title 
5, United States Code (commonly known as the ‘‘Adminis-
trative Procedure Act’’). 
SEC. 106. GAGING STATION. 
The Secretary, acting through the Director of the 
USGS, shall continue to maintain and operate the existing 
USGS gaging station at the YAN Point of Compliance, 
identified as ‘‘Verde River Above Camp Verde - 
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09504950,’’ within the Middle Verde District of the 
Yavapai-Apache Reservation, for the purpose of moni-
toring the instream flow right of the Yavapai-Apache Na-
tion to the Verde River as described in section 
102(b)(1)(A) and Paragraph 11.0 of the Agreement. 
SEC. 107. FUNDING. 
(a) MANDATORY
APPROPRIATIONS.—Out of any 
money in the Treasury not otherwise appropriated, the 
Secretary of the Treasury shall transfer to the Secretary, 
to remain available to the Secretary until expended, with-
drawn or reverted to the general fund of the Treasury, 
the following amounts: 
(1) TU´ N´LNI´CHOH WATER INFRASTRUCTURE 
PROJECT FUND.— 
(A) $731,059,000 in the Cragin-Verde 
Pipeline Account described in section 104(b)(1); 
and 
(B) $152,490,000 in the YAN Drinking 
Water System Account described in section 
104(b)(2). 
(2) YAVAPAI-APACHE NATION WATER SETTLE-
MENT TRUST FUND ACCOUNT.— 
(A) $300,000 in the Yavapai-Apache 
Water Settlement Implementation Account de-
scribed in section 105(b)(1); 
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(B) $58,000,000 in the Yavapai-Apache 
Water Projects Account described in section 
105(b)(2); 
(C) $31,000,000 in the Yavapai-Apache 
Wastewater Projects Account described in sec-
tion 105(b)(3); 
(D) $66,000,000 in the Yavapai-Apache 
OM&R Account described in section 105(b)(4); 
and 
(E) $700,000 in the Yavapai-Apache Wa-
tershed Rehabilitation and Restoration Account 
described in section 105(b)(5). 
(b) TU´
N´LNI´CHOH
WATER
INFRASTRUCTURE 
PROJECT ADDITIONAL AUTHORIZATION.—In addition to 
the mandatory appropriation made available under sub-
section (a)(1), there is authorized to be appropriated to 
the Project Fund such funds as are necessary to complete 
the construction of the Tu´ n´lnı´choh Water Infrastructure 
Project, to remain available until expended, withdrawn, or 
reverted to the general fund of the Treasury. 
(c) ADDITIONAL AUTHORIZATIONS.—In general there 
are authorized to be appropriated— 
(1) such sums as necessary for section 106 of 
this Act; and 
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(2) such sums as necessary for the care, oper-
ation, and maintenance of the Tu´ n´lnı´choh Water 
Infrastructure Project until the Date of Substantial 
Completion. 
(d) FLUCTUATION IN COSTS.— 
(1) PROJECT FUND.—The amounts authorized 
to be appropriated under subsection (a)(1) shall 
be— 
(A) increased or decreased, as appropriate, 
by such amounts as may be justified by reason 
of ordinary fluctuations in costs occurring after 
January 1, 2024, as indicated by the Bureau of 
Reclamation Construction Cost Index applicable 
to the types of construction involved; and 
(B) adjusted to address construction cost 
changes necessary to account for unforeseen 
market volatility that may not otherwise be cap-
tured by engineering cost indices as determined 
by the Secretary, including repricing applicable 
to the means of construction and current indus-
try standards involved. 
(2) TRUST FUND.—The amounts authorized to 
be appropriated under subsection (a)(2) shall be— 
(A) increased or decreased, as appropriate, 
by such amounts as may be justified by reason 
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of ordinary fluctuations in costs occurring after 
January 1, 2024, as indicated by the Bureau of 
Reclamation Construction Cost Index—Com-
posite Trend; and 
(B) adjusted to address construction cost 
changes necessary to account for unforeseen 
market volatility that may not otherwise be cap-
tured by engineering cost indices as determined 
by the Secretary, including repricing applicable 
to the means of construction and current indus-
try 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) REQUIREMENTS
FOR
ADJUSTMENT
PROC-
ESS.—The adjustment process under this subsection 
shall be repeated for each subsequent amount appro-
priated for deposit in the Project Fund under sub-
section (a)(1) and the Trust Fund under subsection 
(a)(2), until the amount authorized to be appro-
priated, as so adjusted, has been appropriated. 
(5) PERIOD OF INDEXING.— 
(A) PROJECT FUND.—With respect to the 
Project Fund, the period of indexing adjust-
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ment for any increment of funding shall be an-
nual until the Tu´ n´lnı´choh Water Infrastruc-
ture Project is completed. 
(B) TRUST
FUND.—With respect to the 
Yavapai-Apache Nation Water Settlement Trust 
Fund, the period of indexing adjustment for 
any increment of funding shall end on the date 
on which funds are deposited into the Trust 
Fund. 
(e) COMMENCEMENT OF ENVIRONMENTAL COMPLI-
ANCE.—Subject 
to 
the 
requirements 
of 
section 
104(e)(2)(A) and (B), effective beginning on the date of 
deposit of funds in the Project Fund, the Secretary shall 
commence any planning, design, environmental, cultural, 
and historical compliance activities necessary to imple-
ment the Agreement and this Act, including activities nec-
essary to comply with section 101(c)(1)(A)(B)(C) of this 
Act. 
SEC. 108. WAIVERS, RELEASES AND RETENTIONS OF 
CLAIMS. 
(a) WAIVER, RELEASE, AND RETENTION OF CLAIMS 
FOR WATER RIGHTS AND INJURY TO WATER RIGHTS BY 
THE YAVAPAI-APACHE NATION, ON BEHALF
OF
THE 
YAVAPAI-APACHE NATION AND THE MEMBERS OF THE 
YAVAPAI-APACHE NATION (BUT NOT MEMBERS IN THE 
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CAPACITY OF THE MEMBERS AS ALLOTTEES), AND THE 
UNITED
STATES, ACTING
AS
TRUSTEE
FOR
THE 
YAVAPAI-APACHE NATION (BUT NOT MEMBERS IN THE 
CAPACITY OF THE MEMBERS AS ALLOTTEES).— 
(1) Except as provided in paragraph (3), the 
Yavapai-Apache Nation, on behalf of the Yavapai- 
Apache Nation and the Members of the Yavapai- 
Apache Nation (but not Members in the capacity of 
the Members as Allottees), and the United States, 
acting as trustee for the Yavapai-Apache Nation and 
the Members of the Yavapai-Apache Nation (but not 
Members in the capacity of the Members as 
Allottees), as part of the performance of the respec-
tive obligations of the Yavapai-Apache Nation and 
the United States under the Agreement and this 
Act, shall execute a waiver and release of any claims 
against the State (or any agency or political subdivi-
sion of the State), and any other individual, entity, 
corporation, or municipal corporation under Federal, 
State, or other law for all— 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River water, for YAN Land, arising from time 
immemorial and, thereafter, forever; 
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(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River water, arising from time immemorial and, 
thereafter, forever, that are based on the ab-
original occupancy of land by the Yavapai- 
Apache 
Nation, 
the 
predecessors 
of 
the 
Yavapai-Apache Nation, the Members of the 
Yavapai-Apache Nation, or the predecessors of 
the Members of the Yavapai-Apache Nation; 
(C) Past and present claims for Injury to 
Water Rights, including rights to Colorado 
River water, for YAN Land, arising from time 
immemorial through the Enforceability Date; 
(D) Past, present, and future claims for 
Injury to Water Rights, including rights to Col-
orado River water, arising from time immemo-
rial and, thereafter, forever, that are based on 
the aboriginal occupancy of land by the 
Yavapai-Apache Nation, the predecessors of the 
Yavapai-Apache Nation, the Members of the 
Yavapai-Apache Nation, or the predecessors of 
the Members of the Yavapai-Apache Nation; 
(E) Claims for Injury to Water Rights, in-
cluding rights to Colorado River water, arising 
after the Enforceability Date, for YAN Land, 
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resulting from the off-Reservation Diversion or 
Use of Water in a manner not in violation of 
the Agreement or State law; and 
(F) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Agree-
ment, any judgment or decree approving or in-
corporating the Agreement, or this Act. 
(2) The waiver and release of claims described 
in paragraph (1) shall be in the form set forth in 
Exhibit 13.1 to the Agreement and shall take effect 
on the Enforceability Date. 
(3) Notwithstanding the waiver and release of 
claims described in paragraph (1) and set forth in 
Exhibit 13.1 to the Agreement, the Yavapai-Apache 
Nation, acting on behalf of the Yavapai-Apache Na-
tion and the Members of the Yavapai-Apache Na-
tion, and the United States, acting as trustee for the 
YAN and the Members of the YAN (but not Mem-
bers in the capacity of the Members as Allottees), 
shall retain any right— 
(A) subject to Subparagraph 17.9 of the 
Agreement, to assert claims for injuries to, and 
seek enforcement of, their rights under the 
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Agreement or this Act in any Federal or State 
court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, their rights under any 
judgment or decree entered by the Gila River 
Adjudication Court, including the Verde River 
Decree; 
(C) to assert claims for Water Rights or 
Injury to Water Rights acquired before the En-
forceability Date pursuant to Subparagraph 
4.14.1 of the Agreement; 
(D) to challenge or 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; 
(E) to assert past, present, or future 
claims for Injury to Water Rights against any 
Indian tribe, or the United States, acting on be-
half of any Indian tribe; 
(F) to assert claims for Injury to Water 
Rights arising after the Enforceability Date for 
YAN Land resulting from any off-Reservation 
Diversion of Surface Water within the Verde 
River Watershed, other than from a well, if the 
Diversion or Use of Surface Water was first ini-
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tiated after the Effective Date and was not the 
subject of a permit to appropriate Surface 
Water issued by the Arizona Department of 
Water Resources before the Effective Date; and 
(G) to assert claims for Injury to Water 
Rights arising after the Enforceability Date for 
YAN Land resulting from any off-Reservation 
Diversion or Use of Water from a well, if— 
(i) the Water is determined by the 
Gila River Adjudication Court to be Sur-
face Water; 
(ii) the well is located within the 
Verde River Watershed above USGS Gage 
No. 09506000 identified as ‘‘Verde River 
near Camp Verde, AZ’’; 
(iii) the well was constructed after the 
Effective Date; and 
(iv) the well is not: 
(I) a Replacement Well; 
(II) a new point of Diversion for 
a Surface Water Use predating the 
Effective Date; 
(III) operated by a Municipal 
Water Provider pursuant to an agree-
ment with the Yavapai-Apache Nation 
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Water from the Big Chino sub- 
basin of the Verde River ground-
water basin to the Prescott active 
management area pursuant to 
the criteria set forth in A.R.S. 
§45-555(E) and (G), as that 
statute exists as of the Effective 
Date, a copy of which is attached 
as Exhibit 13.1.3 to the Agree-
ment; or 
(cc) withdraw and transport 
Underground Water from land 
located in the Big Chino sub- 
basin of the Verde River ground-
water basin to the Prescott active 
management area to meet the ad-
ditional needs of an Indian tribe 
in the Prescott active manage-
ment area pursuant to a feder-
ally-approved Indian water rights 
settlement under A.R.S §45- 
555(G) and (F), as that statute 
exists as of the Effective date, a 
copy of which is attached as Ex-
hibit 13.1.3 to the Agreement. 
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(VII) providing a source of sup-
ply for an M&I Use for a Municipal 
Water Provider or a Public Water 
System (that does not have an agree-
ment with the YAN pursuant to sub-
paragraph 16.1.2 of the Agreement) 
that meets all of the following condi-
tions: 
(aa) The well is located out-
side the lateral limits of the 
Verde River Subflow Zone. 
(bb) 
All 
buildings 
con-
structed after the well is drilled 
that are served by the Municipal 
Water Provider or Public Water 
System have WaterSense Labeled 
Fixtures, or fixtures that are 
equivalent 
to 
or 
exceed 
WaterSense 
specifications 
for 
water efficiency and performance 
as set forth in Exhibit 2.90 to 
the Agreement. 
(cc) The Municipal Water 
Provider or Public Water System 
uses its best efforts to ensure 
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that all outdoor landscaping in-
stalled after the well is drilled 
that is served by the Municipal 
Water Provider or Public Water 
System 
uses 
only 
native 
or 
drought tolerant plants, except as 
provided for in item (dd). 
(dd) All turf or other land-
scape areas not using native or 
drought tolerant plants, including 
for schools, parks, cemeteries, 
golf courses, or common areas, 
installed after the well is drilled 
are, to the extent permitted by 
State law, prohibited by the Mu-
nicipal Water Provider or Public 
Water System unless the plants 
are 100 percent served with Ef-
fluent, greywater, harvested rain-
water, 
or 
some 
combination 
thereof. 
(ee) Ornamental water fea-
tures (except swimming pools), 
ponds, and lakes constructed 
after the well is drilled are, to the 
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extent permitted by State law, 
prohibited 
by 
the 
Municipal 
Water Provider or Public Water 
System 
unless 
the 
features, 
ponds, and lakes are 100 percent 
served with Effluent, greywater, 
harvested rainwater, or some 
combination thereof. 
(b) WAIVER, RELEASE, AND RETENTION OF CLAIMS 
FOR WATER RIGHTS AND INJURY TO WATER RIGHTS BY 
THE YAVAPAI-APACHE NATION, ON BEHALF
OF
THE 
YAVAPAI-APACHE NATION AND THE MEMBERS OF THE 
YAVAPAI-APACHE NATION (BUT NOT MEMBERS IN THE 
CAPACITY OF THE MEMBERS AS ALLOTTEES), AGAINST 
THE UNITED STATES.— 
(1) Except as provided in paragraph (3), the 
Yavapai-Apache Nation, acting on behalf of the 
Yavapai-Apache Nation and the Members of the 
Yavapai-Apache Nation (but not Members in the ca-
pacity of the Members as Allottees), as part of the 
performance of the obligations of the Yavapai- 
Apache Nation under the Agreement and this Act, 
shall execute a waiver and release of all claims 
against the United States, including agencies, offi-
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cials, and employees of the United States, under 
Federal, State, or other law for all— 
(A) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River water, for YAN Land, arising from time 
immemorial and, thereafter, forever; 
(B) Past, present, and future claims for 
Water Rights, including rights to Colorado 
River water, arising from time immemorial and, 
thereafter, forever, that are based on the ab-
original occupancy of land by the Yavapai- 
Apache 
Nation, 
the 
predecessors 
of 
the 
Yavapai-Apache Nation, the Members of the 
Yavapai-Apache Nation, or the predecessors of 
the members of the Yavapai-Apache Nation; 
(C) Past and present claims relating in 
any manner to damage, losses, or injury to land 
or other resources due to loss of Water or 
Water Rights (including damages, losses, or in-
juries to hunting, fishing, gathering, or cultural 
rights due to loss of Water or Water Rights, 
claims relating to interference with, Diversion, 
or taking of Water, or claims relating to the 
failure to protect, acquire, or develop Water, 
Water Rights, or Water infrastructure) within 
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the State that first accrued at any time prior 
to the Enforceability Date; 
(D) Past and present claims for Injury to 
Water Rights, including rights to Colorado 
River water, for YAN Land, arising from time 
immemorial through the Enforceability Date; 
(E) Past, present, and future claims for 
Injury to Water Rights, including rights to Col-
orado River water, arising from time immemo-
rial and, thereafter, forever, that are based on 
the aboriginal occupancy of land by the 
Yavapai-Apache Nation, the predecessors of the 
Yavapai-Apache Nation, the Members of the 
Yavapai-Apache Nation, or the predecessors of 
the members of the Yavapai-Apache Nation; 
(F) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
water, arising after the Enforceability Date for 
YAN Land, resulting from the off-Reservation 
Diversion or Use of Water in a manner not in 
violation of the Agreement or State law; and 
(G) Past, present, and future claims aris-
ing out of, or relating in any manner to, the ne-
gotiation, execution, or adoption of the Agree-
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ment, any judgment or decree approving or in-
corporating the Agreement, or this Act. 
(2) The waiver and release of claims described 
in paragraph (1) shall be in the form set forth in 
Exhibit 13.2 to the Agreement and shall take effect 
on the Enforceability Date. 
(3) Notwithstanding the waiver and release of 
claims described in paragraph (1) and set forth in 
Exhibit 13.2 to the Agreement, the Yavapai-Apache 
Nation and the Members of the Yavapai-Apache Na-
tion (but not Members in the capacity of the Mem-
bers as Allottees) shall retain any right— 
(A) subject to Subparagraph 17.9 of the 
Agreement, to assert claims for injuries to, and 
seek enforcement of, their rights under the 
Agreement or this Act in any Federal or State 
court of competent jurisdiction; 
(B) to assert claims for injuries to, and 
seek enforcement of, their rights under any 
judgment or decree entered by the Gila River 
Adjudication Court, including the Verde River 
Decree; 
(C) to assert claims for Water Rights or 
Injury to Water Rights acquired before the En-
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forceability Date pursuant to Subparagraph 
4.14.1 of the Agreement; 
(D) to challenge or 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; 
(E) to assert past, present, or future 
claims for Injury to Water Rights against any 
Indian Tribe or the United States, acting on 
behalf of any Indian Tribe; 
(F) to assert claims for Injury to Water 
Rights arising after the Enforceability Date for 
YAN Land resulting from any off-Reservation 
Diversion of Surface Water within the Verde 
River Watershed, other than from a well, if the 
Diversion or Use of Surface Water was first ini-
tiated after the Effective Date and was not the 
subject of a permit to appropriate Surface 
Water issued by the Arizona Department of 
Water Resources before the Effective Date; and 
(G) to assert claims for Injury to Water 
Rights arising after the Enforceability Date for 
YAN Land resulting from any off-Reservation 
Diversion or Use of Water from a well, if— 
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(i) the Water is determined by the 
Gila River Adjudication Court to be Sur-
face Water; 
(ii) the well is located within the 
Verde River Watershed above Gage No. 
09506000, Verde River near Camp Verde, 
AZ; 
(iii) the well was constructed after the 
Effective Date; and 
(iv) the well is not: 
(I) a Replacement Well; 
(II) a new point of Diversion for 
a Surface Water Use predating the 
Effective Date; 
(III) operated by a Municipal 
Water Provider pursuant to an agree-
ment with the Yavapai-Apache Nation 
under Subparagraph 16.1.2 of the 
Agreement; 
(IV) constructed for Domestic 
Use or Stock Watering Use; or 
(V) constructed to supply a 
Stockpond with a capacity not to ex-
ceed 4 acre-feet. 
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(c) WAIVER, RELEASE AND RETENTION OF CLAIMS 
BY THE UNITED STATES IN ALL CAPACITIES (EXCEPT 
AS TRUSTEE FOR AN INDIAN TRIBE OTHER THAN THE 
YAVAPAI-APACHE
NATION) AGAINST
THE
YAVAPAI- 
APACHE NATION AND THE MEMBERS OF THE YAVAPAI- 
APACHE NATION.— 
(1) Except as provided in paragraph (3), the 
United States, in all capacities (except as trustee for 
an Indian Tribe other than the Yavapai-Apache Na-
tion), as part of the performance of the obligations 
of the United States under the Agreement and this 
Act, shall execute a waiver and release of all claims 
against the Yavapai-Apache Nation, the Members of 
the Yavapai-Apache Nation, or any agency, official, 
or employee of the Yavapai-Apache Nation, under 
Federal, State, or any other law for all— 
(A) Past and present claims for Injury to 
Water Rights, including injury to rights to Col-
orado River water, resulting from the Diversion 
or Use of Water on YAN Land arising from 
time immemorial through the Enforceability 
Date; 
(B) Claims for Injury to Water Rights, in-
cluding injury to rights to Colorado River 
water, arising after the Enforceability Date, re-
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sulting from the Diversion or Use of Water on 
YAN Land in a manner that is not in violation 
of the 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 Agree-
ment, any judgment or decree approving or in-
corporating the Agreement, or this Act. 
(2) The waiver and release of claims described 
in paragraph (1) shall be in the form set forth in 
Exhibit 13.3 to the Agreement and shall take effect 
on the Enforceability Date. 
(3) Notwithstanding the waiver and release of 
claims described in paragraph (1) and set forth in 
Exhibit 13.3 to the Agreement, the United States 
shall retain any right to assert any claim not ex-
pressly waived in accordance with that paragraph 
and that exhibit. 
(d) NO EFFECT ON ACTIONS RELATING TO HEALTH, 
SAFETY OR ENVIRONMENT.—Nothing in the Agreement 
or this Act affects any right of the United States or the 
Yavapai-Apache Nation on behalf of the Yavapai-Apache 
Nation, or on behalf of the Members of the Yavapai- 
Apache Nation, to take any action authorized by law relat-
ing to health, safety, or the environment, including— 
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(1) The Federal Water Pollution Control Act, 
commonly known as ‘‘the Clean Water Act’’, (33 
U.S.C. 1251 et seq.); 
(2) The Safe Drinking Water Act (42 U.S.C. 
300f et seq.). 
(3) The Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.); and 
(4) any regulations implementing the Acts de-
scribed in subsection (d)(1), (d)(2) or (d)(3). 
SEC. 109. SATISFACTION OF WATER RIGHTS AND OTHER 
BENEFITS; EFFECT ON MEMBERS OF THE 
YAVAPAI-APACHE NATION AND DINAH HOOD 
ALLOTMENT. 
(a) The benefits provided under the Agreement and 
this Act shall be in complete replacement of, complete sub-
stitution for, and full satisfaction of any claim of the 
Yavapai-Apache Nation and the Members of the Yavapai- 
Apache Nation (but not Members in the capacity of the 
Members as Allottees) against the parties to the Agree-
ment, including the United States, that is waived and re-
leased by the Yavapai-Apache Nation acting on behalf of 
the Yavapai-Apache Nation and the Members of the 
Yavapai-Apache Nation (but not Members in the capacity 
of the Members as Allottees) pursuant to sections 108(a) 
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and 108(b) of this Act and Subparagraphs 13.1 and 13.2 
to the Agreement. 
(b) Any entitlement to Water of the Yavapai-Apache 
Nation and the Members of the Yavapai-Apache Nation 
(but not Members in the capacity of the Members as 
Allottees) or the United States acting in the capacity of 
the United States as trustee for the Yavapai-Apache Na-
tion and the Members of the Yavapai-Apache Nation (but 
not Members in the capacity of the Members as Allottees), 
for YAN Land shall be satisfied out of the water resources 
and other benefits granted, confirmed, quantified, or rec-
ognized by the Agreement or this Act to or for the 
Yavapai-Apache Nation, the Members of the Yavapai- 
Apache Nation (but not Members in the capacity of the 
Members as Allottees), and the United States, acting in 
the capacity of the United States as trustee for the 
Yavapai-Apache Nation and the Members of the Yavapai- 
Apache Nation (but not Members in the capacity of the 
Members as Allottees). 
(c) Notwithstanding sections (a) and (b), nothing in 
the Agreement or this Act— 
(1) recognizes or establishes any right of a 
Member of the Yavapai-Apache Nation to Water on 
YAN Land; or 
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(2) prohibits the Yavapai-Apache Nation from 
acquiring additional Water Rights by purchase or 
donation of land, credits, or Water Rights. 
(d) EFFECT ON MEMBERS OF THE YAVAPAI-APACHE 
NATION.—Except as provided in subsections (a) and (b) 
and sections 108(a) and 108(b), the Agreement and this 
Act shall not affect any rights of any Member of the 
Yavapai-Apache Nation to water for land outside of YAN 
Land. 
(e) EFFECT ON DINAH HOOD ALLOTMENT.— 
(1) IN GENERAL.— 
(A) Nothing in the Agreement and this Act 
quantifies or diminishes any Water Right, or 
any claim or entitlement to Water for the 
Dinah Hood Allotment; or 
(B) precludes beneficial owners of the 
Dinah Hood Allotment, or the United States, 
acting in its capacity as trustee for beneficial 
owners of the Dinah Hood allotment, from 
making claims for Water Rights in Arizona. To 
the extent authorized by applicable law, bene-
ficial owners of the Dinah Hood Allotment, or 
the United States, acting in its capacity as 
trustee for beneficial owners of the Dinah Hood 
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allotment, may make claims to, and may be ad-
judicated, individual Water Rights in Arizona. 
(2) EXCEPTION.—Notwithstanding paragraph 
(1), the Yavapai-Apache Nation, in its capacity as a 
holder of a beneficial real property interest in the 
Dinah Hood Allotment, shall not object to, challenge 
or dispute the claims of Water users to Water from 
the Verde River Watershed, in the Gila River Adju-
dication Proceedings or in any other judicial or ad-
ministrative proceeding. 
SEC. 110. TRUST LAND. 
(a) YAVAPAI-APACHE RESERVATION.—The Yavapai- 
Apache Reservation includes— 
(1) the land located within the exterior bound-
aries of the Yavapai-Apache Reservation as de-
scribed and depicted in Exhibits 2.96A through E 
and Exhibit 2.102 to the Agreement, as documented 
by the Department Interior Division of Land Titles 
and Records Office; 
(2) the land added to the Reservation pursuant 
to section 110(b); 
(3) the land added to the Reservation pursuant 
to section 201(c); and 
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(4) land that, as of the Enforceability Date, has 
been added to the Reservation pursuant to Federal 
law. 
(b) LAND TO BE TAKEN INTO TRUST.— 
(1) IN GENERAL.—Within thirty (30) days of 
enactment of this Act, the Secretary is authorized 
and directed to accept the transfer of title to the 
land shown on the maps in Exhibits 2.98A and 
2.98B to the Agreement, as identified in subpara-
graphs (A), (B), (C), (D), (E) and (F), and to hold 
such land in trust for the benefit of the Yavapai- 
Apache Nation. 
(A) OTTER WATERS.—A tract of land lo-
cated in Section 33, Township 15 North, Range 
4 East, Gila and Salt River Base and Meridian, 
Yavapai County, Arizona, as described in in-
strument number 2023-0005245 recorded on 
February 3, 2023 in the records of the Yavapai 
County Recorder. 
(B) CEMETERY
PROPERTY.—A tract of 
land located in the East half of the Northeast 
quarter of Section 11, Township 14 North, 
Range 4 East, Gila and Salt River Meridian, 
Yavapai County, Arizona, as described in in-
strument number 2023-0025892 recorded on 
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June 15, 2023 in the records of the Yavapai 
County Recorder. 
(C) BROWN PROPERTY.— 
(i) PARCEL 1.—A tract of land located 
in the Southwest quarter of the Southwest 
quarter of Section 2, Township 14 North, 
Range 4 East of the Gila and Salt River 
Base and Meridian, Yavapai County, Ari-
zona, as described in instrument number 
2021-0087445 recorded on December 9, 
2021 in the records of the Yavapai County 
Recorder. 
(ii) PARCEL 2.—A tract of land lo-
cated in the Southwest quarter of the 
Southwest quarter of Section 2 and the 
Northwest quarter of the Northwest quar-
ter of Section 11, Township 14 North, 
Range 4 East of the Gila and Salt River 
Base and Meridian, Yavapai County, Ari-
zona, as described in instrument number 
2021-0087445 recorded on December 9, 
2021 in the records of the Yavapai County 
Recorder. 
(D) DISTANTCE
DRUMS
RV
PARK
PROP-
ERTY.— 
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(i) PARCEL 1.—A tract of land as re-
corded in Book 3627, Page 782, Records 
of Yavapai County, located in a portion of 
Government Lots 10 and 11 of Section 7 
and Government Lots 13 and 14 of Sec-
tion 18, Township 14 North, Range 5 East 
of the Gila and Salt River Base and Merid-
ian, Yavapai County, Arizona, as described 
in Book 4332, Page 281 recorded on No-
vember 7, 2005 in the records of the 
Yavapai County Recorder. 
(ii) PARCEL 2.—A tract of land lo-
cated in a portion of Government Lot 12 
of Section 7, Township 14 North, Range 5 
East of the Gila and Salt River Base and 
Meridian, Yavapai County, Arizona, as de-
scribed in Book 4332, Page 281 recorded 
on November 7, 2005 in the records of the 
Yavapai County Recorder. 
(iii) PARCEL 3.—A tract of land lo-
cated in Section 7, Township 14 North, 
Range 5 East of the Gila and Salt River 
Base and Meridian, Yavapai County, Ari-
zona, as described in Book 4332, Page 281 
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recorded on November 7, 2005 in the 
records of the Yavapai County Recorder. 
(E) SONIC/CHEVRON PROPERTY.— 
(i) PARCEL 1.—A tract of land located 
in that part of Lot 13, Section 18, Town-
ship 14, North, Range 5 East of the Gila 
and Salt River Base and Meridian, 
Yavapai County, Arizona, being a portion 
of that parcel of land described in Book 
3068, Page 519 in the Office of the 
Yavapai County Recorder, as described in 
Book 4115, Page 876 recorded on Feb-
ruary 2, 2004 in the records of the 
Yavapai County Recorder. 
(ii) PARCEL 2.—A tract of land lo-
cated in that part of Lot 13, Section 18, 
Township 14 North, Range 5 East of the 
Gila and Salt River Base and Meridian, 
Yavapai County, Arizona, being a portion 
of that parcel of land described in Book 
3068, Page 519 in the Office of the 
Yavapai County Recorder, as described in 
Book 4115, Page 876 recorded on Feb-
ruary 2, 2004 in the records of the 
Yavapai County Recorder. 
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(iii) PARCEL 3.—A tract of land lo-
cated in that part of Lot 13, Section 18, 
Township 14 North, Range 5 East of the 
Gila and Salt River Base and Meridian, 
Yavapai County, Arizona, being a portion 
of that parcel of land described in Book 
3068, Page 519 in the office of the 
Yavapai County Recorder, as described in 
Book 4115, Page 888 recorded on Feb-
ruary 2, 2004 in the records of the 
Yavapai County Recorder. 
(F) ARENA DEL LOMA PROPERTY.— 
(i) PARCEL 1.—A tract of land located 
in Section 19, Township 14 North, Range 
5 East of the Gila and Salt River Base 
and Meridian, Yavapai County, Arizona, as 
described in instrument number 2020- 
0044727 recorded on August 7, 2020 in 
the records of the Yavapai County Re-
corder. 
(ii) PARCEL 2.—A tract of land lo-
cated in Section 19, Township 14 North, 
Range 5 East of the Gila and Salt River 
Base and Meridian, Yavapai County, Ari-
zona, lying within South Middle Verde 
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Road (Arena Del Loma Road) as aban-
doned by Town of Camp Verde, as shown 
on plat of record in Book 198 of Maps, 
Page 51, records of Yavapai County, Ari-
zona, as described in instrument number 
2020-0044727 recorded on August 7, 2020 
in the records of the Yavapai County Re-
corder. 
(iii) PARCEL 3.—A tract of land lo-
cated in the Northeast quarter of Section 
19, Township 14 North, Range 5 East, of 
the Gila and Salt River Base and Merid-
ian, Yavapai County, Arizona, being a por-
tion of that parcel described in Book 4227, 
page 525 Record Source #1 (R1), records 
of the Yavapai County Recorder’s Office, 
as described in instrument number 2022- 
0059695 recorded on October 6, 2022 in 
the records of the Yavapai County Re-
corder. 
(G) GIANT’S GRAVE PROPERTY.— 
(i) PARCEL 1.—A tract of land located 
in the Northeast quarter of the Southwest 
quarter of Section 19, Township 16 North, 
Range 3 East of the Gila and Salt River 
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Base and Meridian, Yavapai County, Ari-
zona, as described in Book 3319, Page 
620, instrument number 9667800 recorded 
on November 27, 1996 in the records of 
the Yavapai County Recorder. 
(ii) PARCEL 2.—A tract of land lo-
cated in the South half of the South half 
of Section 19 and in the Northeast quarter 
of the Northwest quarter of Section 30, 
Township 16 North, Range 3 East of the 
Gila and Salt River Base and Meridian, 
Yavapai County, Arizona, as described in 
Book 3319, Page 620, instrument number 
9667800 recorded on November 27, 1996 
in the records of the Yavapai County Re-
corder. 
(iii) PARCEL 3.—A tract of land 20 
feet in width and more or less 178 feet in 
length located in the South 1⁄2 of Section 
19, Township 16 North, Range 3 East of 
the Gila and Salt River Base and Merid-
ian, Yavapai County, Arizona, being a por-
tion of that certain parcel of land described 
in Book 3568, Page 18, Official Records 
recorded in the Yavapai County Recorder’s 
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Office, Yavapai County, Arizona, as de-
scribed 
in 
instrument 
number 
2022- 
0036985 recorded on June 15, 2022 in the 
records of the Yavapai County Recorder. 
(2) RESERVATION
STATUS.—The land taken 
into trust under paragraph (1) shall be a part of the 
Yavapai-Apache Reservation and administered in ac-
cordance with the laws and regulations generally ap-
plicable to the land held in trust by the United 
States for an Indian Tribe. 
(3) VALID EXISTING RIGHTS.—The land taken 
into trust under paragraph (1) shall be subject to 
valid existing rights, including easements, rights-of- 
way, contracts, and managements agreements. 
(4) LIMITATIONS.—Nothing in this subsection 
(a) affects any right or claim of the Yavapai-Apache 
Nation to any land or interest in land in existence 
before the date of enactment of this Act. 
(5) LAND DESCRIPTIONS.—The Secretary may 
correct, by mutual agreement with the Yavapai- 
Apache Nation, any errors in the land descriptions 
of the land conveyed to the Secretary pursuant to 
Sections 110(b) and 201(b). 
(6) CONFLICT.—If there is a conflict between a 
map and a description of land in this Act, the map 
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shall control unless the Secretary and the Yavapai- 
Apache Nation mutually agree otherwise. 
SEC. 111. YAVAPAI-APACHE NATION CAP WATER. 
(a) 
YAVAPAI-APACHE
NATION
AMENDED
CAP 
WATER DELIVERY CONTRACT.— 
(1) IN
GENERAL.—In accordance with the 
Yavapai-Apache Nation Water Rights Settlement 
Agreement and the requirements described in para-
graph (2), the Secretary shall enter into the YAN 
Amended CAP Water Delivery Contract. 
(2) REQUIREMENTS.—The requirements re-
ferred to in paragraph (1) are the following: 
(A) IN
GENERAL.—The YAN Amended 
CAP Water Delivery Contract shall— 
(i) be for permanent service (as that 
term is used in section 5 of the Boulder 
Canyon Project Act (43 U.S.C. 617d)); 
(ii) take effect on the Enforceability 
Date; and 
(iii) be without limit as to term. 
(B) YAN CAP WATER.— 
(i) IN
GENERAL.—The YAN CAP 
water may be delivered for use in the State 
through— 
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(I) any project authorized under 
this Act; or 
(II) the CAP System. 
(C) CONTRACTUAL DELIVERY.—The Sec-
retary shall deliver the YAN CAP water to 
Yavapai-Apache Nation in accordance with the 
terms and conditions of the YAN Amended 
CAP Water Delivery Contract. 
(D) DELIVERY OF CAP INDIAN PRIORITY 
WATER.— 
(i) IN GENERAL.—If a time of short-
age exists, as that term is described in the 
YAN Amended CAP Water Delivery Con-
tract, the amount of CAP Indian Priority 
Water available to the YAN in such Year 
shall be computed in accordance with sub-
section 5.8 of the YAN Amended CAP Re-
payment Contract. 
(E) LEASES AND EXCHANGES OF YAVAPAI- 
APACHE NATION CAP WATER.—On or after the 
date on which the YAN Amended CAP Water 
Delivery 
Contract 
becomes 
effective, 
the 
Yavapai-Apache Nation may, with the approval 
of the Secretary, enter into contracts or options 
to lease or to exchange YAN CAP Water in 
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Coconino, Gila, Maricopa, Pinal, Pima, and 
Yavapai counties, Arizona, providing for the 
temporary delivery to any individual or entity of 
any portion of the YAN CAP Water. 
(F) 
TERMS
OF
LEASES
AND
EX-
CHANGES.— 
(i) LEASING.—Contracts or options to 
lease under subparagraph (E) shall be for 
a term of not more than 100 years. 
(ii) EXCHANGES.—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 
YAN 
may, with the approval of the Secretary, 
renegotiate any lease described in subpara-
graph (E), at any time during the term of 
the lease, if the term of the renegotiated 
lease does not exceed 100 years. 
(G) PROHIBITION ON PERMANENT ALIEN-
ATION.—No YAN CAP Water may be perma-
nently alienated. 
(H) ENTITLEMENT
TO
LEASE
AND
EX-
CHANGE FUNDS; OBLIGATIONS OF THE UNITED 
STATES.— 
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(i) ENTITLEMENT.— 
(I) IN GENERAL.—The Yavapai- 
Apache Nation shall be entitled to all 
consideration due to the Yavapai- 
Apache Nation under any contract to 
lease, option to lease, contract to ex-
change, or option to exchange the 
YAN CAP Water entered into by the 
Yavapai-Apache Nation. 
(II) EXCLUSION.—The United 
States shall not, in any capacity, be 
entitled to the consideration described 
in subclause (I). 
(ii) OBLIGATIONS
OF
THE
UNITED 
STATES.—The United States shall not, in 
any capacity, have any trust or other obli-
gation to monitor, administer, or account 
for, in any manner, any funds received by 
the Yavapai-Apache Nation as consider-
ation under any contract to lease, option to 
lease, contract to exchange, or option to 
exchange the YAN CAP Water entered 
into by Yavapai-Apache Nation, except in 
a case in which the Yavapai-Apache Nation 
deposits the proceeds of any lease, option 
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to lease, contract to exchange, or option to 
exchange into an account held in trust for 
the Yavapai-Apache Nation by the United 
States. 
(I) WATER USE AND STORAGE.— 
(i) 
IN
GENERAL.—The 
Yavapai- 
Apache Nation may use YAN CAP Water 
on or off the YAN Reservation. 
(ii) STORAGE.—The Yavapai-Apache 
Nation, in accordance with State law, may 
store YAN CAP Water at 1 or more un-
derground storage facilities or groundwater 
savings facilities. 
(iii) 
ASSIGNMENT.—The 
Yavapai- 
Apache Nation may, without the approval 
of the Secretary, sell, transfer, or assign 
any long-term storage credits accrued as a 
result of storage described in clause (ii). 
(I) USE OUTSIDE STATE.—The Yavapai- 
Apache Nation may not use, lease, exchange, 
forbear, or otherwise transfer any YAN CAP 
Water for use directly or indirectly outside the 
State. 
(J) CAP FIXED OM&R CHARGES.— 
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(i) IN
GENERAL.—The CAP Oper-
ating Agency shall be paid the CAP Fixed 
OM&R charges associated with the delivery 
of all YAN CAP Water. 
(ii) PAYMENT OF CHARGES.—Except 
as provided in subparagraph (N), all CAP 
Fixed OM&R charges associated with the 
delivery of YAN CAP Water to the 
Yavapai-Apache Nation 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 
Yavapai-Apache Nation. 
(K) CAP PUMPING ENERGY CHARGES.— 
(i) IN
GENERAL.—The CAP Oper-
ating Agency shall be paid the CAP Pump-
ing Energy Charge associated with the de-
livery of YAN CAP Water only in cases in 
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