Hualapai Tribe Water Rights Settlement Act of 2022
Bill: S.4104 | Sponsor: Sen. Sinema, Kyrsten (D-AZ)
Policy area: Native Americans

Summary:
Hualapai Tribe Water Rights Settlement Act of 2022
This act authorizes, ratifies, and confirms the Hualapai Tribe water rights settlement agreement negotiated between the tribe, the United States, Arizona, and others, thus satisfying the tribe's claims for groundwater and surface water rights to water in Arizona, including the Verde River, the Bill Williams River, and the Colorado River.
The act outlines the tribe's water rights, including the right to divert, use, and store 4,000 acre-feet of agricultural priority water of the Central Arizona Project that was previously allocated to nontribal agricultural entities, but retained by the Department of the Interior for reallocation to tribes in Arizona pursuant to the Central Arizona Project Settlement Act of 2004. Interior must reallocate this priority water to the tribe, firm through 2107 a specified amount of the water, and enter into a water delivery contract with the tribe.
The act directs Interior to establish the Hualapai Water Trust Fund Account. Amounts deposited in the trust fund account shall be made available to the tribe for specified purposes, including to construct the Hualapai Water Project. The project must be designed to divert, treat, and convey up to 3,414 acre-feet of water per year from the Colorado River for municipal, commercial, and industrial uses on the Hualapai Reservation.
Additionally, the act establishes in the Treasury the Hualapai Water Settlement Implementation Fund Account. Amounts in this account must be used to carry out groundwater monitoring and an estimate for groundwater withdrawals in the Truxton Basin outside the boundaries of the tribe's reservation.
The act adds certain land in Arizona to the tribe's reservation and also authorizes Interior to take specified land into trust for the benefit of the tribe. In the future, land located outside the reservation may only be taken into trust through an act of Congress.
The act outlines (1) waivers, releases, and retentions of claims by the tribe and the United States under the settlement agreement; and (2) a limited waiver of sovereign immunity by the United States and the tribe with respect to certain claims.
The act repeals the settlement agreement (except for provisions related to land added to the reservation and land taken into trust) if Interior does not publish by April 15, 2029, a statement of findings that specified conditions have been fulfilled (including that Interior has executed the required water delivery contract).

[117th Congress Public Law 349]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 6225]]

Public Law 117-349
117th Congress

                                 An Act


 
 To approve the settlement of water rights claims of the Hualapai Tribe 
and certain allottees in the State of Arizona, to authorize construction 
of a water project relating to those water rights claims, and for other 
             purposes. <<NOTE: Jan. 5, 2023 -  [S. 4104]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Hualapai Tribe 
Water Rights Settlement Act of 2022.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hualapai Tribe Water Rights 
Settlement Act of 2022''.
SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to resolve, fully and finally, all claims to rights to 
        water in the State, including the Verde River, the Bill Williams 
        River, and the Colorado River, of--
                    (A) the Hualapai Tribe, on behalf of the Hualapai 
                Tribe and the members of the Hualapai Tribe; and
                    (B) the United States, acting as trustee for the 
                Hualapai Tribe, the members of the Hualapai Tribe, and 
                the allottees;
            (2) to authorize, ratify, and confirm the Hualapai Tribe 
        water rights settlement agreement, to the extent that agreement 
        is consistent with this Act;
            (3) to authorize and direct the Secretary to execute and 
        perform the duties and obligations of the Secretary under the 
        Hualapai Tribe water rights settlement agreement and this Act; 
        and
            (4) to authorize the appropriation of funds necessary to 
        carry out the Hualapai Tribe water rights settlement agreement 
        and this Act.
SEC. 3. DEFINITIONS.

    In this Act:
            (1) 1947 judgment.--The term ``1947 Judgment'' means the 
        Judgment and the Stipulation and Agreement, including exhibits 
        to the Judgment and the Stipulation and Agreement, entered on 
        March 13, 1947, in United States v. Santa Fe Pac. R.R. Co., No. 
        E-190 (D. Ariz.) and attached to the Hualapai Tribe water rights 
        settlement agreement as Exhibit 3.1.1.
            (2) AFY.--The term ``AFY'' means acre-feet per year.
            (3) Allotment.--The term ``allotment'' means any of the 4 
        off-reservation parcels that are--
                    (A) held in trust by the United States for 
                individual Indians in the Big Sandy River basin in 
                Mohave County,

[[Page 136 STAT. 6226]]

                Arizona, under the patents numbered 1039995, 1039996, 
                1039997, and 1019494; and
                    (B) identified as Parcels 1A, 1B, 1C, and 2 on the 
                map attached to the Hualapai Tribe water rights 
                settlement agreement as Exhibit 3.1.6.
            (4) Allottee.--The term ``allottee'' means any Indian owner 
        of an allotment.
            (5) Available cap supply.--The term ``available CAP supply'' 
        means, for any year--
                    (A) all fourth priority water available for delivery 
                through the Central Arizona Project;
                    (B) water available from Central Arizona Project 
                dams and reservoirs other than the Modified Roosevelt 
                Dam; and
                    (C) return flows captured by the Secretary for 
                Central Arizona Project use.
            (6) Bill williams act.--The term ``Bill Williams Act'' means 
        the Bill Williams River Water Rights Settlement Act of 2014 
        (Public Law 113-223; 128 Stat. 2096).
            (7) Bill williams agreements.--The term ``Bill Williams 
        agreements'' means the Amended and Restated Big Sandy River-
        Planet Ranch Water Rights Settlement Agreement and the Amended 
        and Restated Hualapai Tribe Bill Williams River Water Rights 
        Settlement Agreement, including all exhibits to each agreement, 
        copies of which (excluding exhibits) are attached to the 
        Hualapai Tribe water rights settlement agreement as Exhibit 
        3.1.11.
            (8) Bill williams river phase 2 enforceability date.--The 
        term ``Bill Williams River Phase 2 Enforceability Date'' means 
        the date described in section 14(d).
            (9) Bill williams river phase 2 water rights settlement 
        agreement.--The term ``Bill Williams River phase 2 water rights 
        settlement agreement'' means the agreement of that name that is 
        attached to, and incorporated in, the Hualapai Tribe water 
        rights settlement agreement as Exhibit 4.3.3.
            (10) Cap contract.--The term ``CAP contract'' means a long-
        term contract (as defined in the CAP repayment stipulation) with 
        the United States for delivery of CAP water through the CAP 
        system.
            (11) Cap contractor.--
                    (A) In general.--The term ``CAP contractor'' means a 
                person that has entered into a CAP contract.
                    (B) Inclusion.--The term ``CAP contractor'' includes 
                the Hualapai Tribe.
            (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 repayment 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 industrial delivery priority.
            (14) Cap nia priority water.--The term ``CAP NIA priority 
        water'' means water within the available CAP supply having a 
        non-Indian agricultural delivery priority.
            (15) Cap operating agency.--The term ``CAP operating 
        agency'' means--

[[Page 136 STAT. 6227]]

                    (A) the 1 or more entities authorized to assume 
                responsibility for the care, operation, maintenance, and 
                replacement of the CAP system; and
                    (B) as of the date of enactment of this Act, the 
                Central Arizona Water Conservation District.
            (16) Cap pumping energy charge.--The term ``CAP pumping 
        energy charge'' has the meaning 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 Stipulated Judgment and the Stipulation 
        for Judgment, including any exhibits to those documents, entered 
        on November 21, 2007, in the United States District Court for 
        the District of Arizona in the consolidated civil action Central 
        Arizona Water Conservation District v. United States, numbered 
        CIV 95-625-TUC-WDB (EHC) and CIV 95-1720-PHX-EHC.
            (19) Cap subcontract.--The term ``CAP subcontract'' means a 
        long-term subcontract (as defined in the CAP repayment 
        stipulation) with the United States and the Central Arizona 
        Water Conservation District for the delivery of CAP water 
        through the CAP system.
            (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
                    (F) any extension of, addition to, or replacement 
                for a feature described in subparagraph (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 Conservation District'' means the 
        political subdivision of the State that is the contractor under 
        the CAP repayment 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.

[[Page 136 STAT. 6228]]

            (26) Colorado river water entitlement.--The term ``Colorado 
        River water entitlement'' means the right or authorization to 
        use Colorado River water in the State through a mainstem 
        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 receive, 
        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 mechanical 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 residence.
                    (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.
            (30) Effluent.--The term ``effluent'' means water that--
                    (A) has been used in the State for domestic, 
                municipal, or industrial purposes, other than solely for 
                hydropower generation; and
                    (B) is available for reuse for any purpose, 
                regardless or whether the water has been treated to 
                improve the quality of the water.
            (31) Enforceability date.--The term ``Enforceability Date'' 
        means the date described in section 14(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, regardless 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 satisfaction of entitlements--
                    (A) in accordance with contracts, Secretarial 
                reservations, perfected rights, and other arrangements 
                between the United States and water users in the State 
                entered into or established 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, including for 
                use on Indian land, under section 304(e) of the Colorado 
                River Basin Project Act (43 U.S.C. 1524(e)), in 
                accordance with the CAP repayment contract.
            (34) Freeport.--
                    (A) In general.--The term ``Freeport'' means the 
                Delaware corporation named ``Freeport Minerals 
                Corporation''.

[[Page 136 STAT. 6229]]

                    (B) Inclusions.--The term ``Freeport'' includes all 
                subsidiaries, affiliates, successors, and assigns of 
                Freeport Minerals Corporation, including Byner Cattle 
                Company, a Nevada corporation.
            (35) Gila river adjudication.--The term ``Gila River 
        adjudication'' means the action pending in the Superior Court of 
        the State, in and for the County of Maricopa, In Re the General 
        Adjudication of All Rights To Use Water In The Gila River System 
        and Source, W-1 (Salt), W-2 (Verde), W-3 (Upper Gila), W-4 (San 
        Pedro) (Consolidated).
            (36) Gila river adjudication court.--The term ``Gila River 
        adjudication court'' means the Superior Court of the State, in 
        and for the County of Maricopa, exercising jurisdiction over the 
        Gila River adjudication.
            (37) Gila river adjudication decree.--The term ``Gila River 
        adjudication decree'' means the judgment or decree entered by 
        the Gila River adjudication court in substantially the same form 
        as the form of judgment attached to the Hualapai Tribe water 
        rights settlement agreement as Exhibit 3.1.43.
            (38) Groundwater.--The term ``groundwater'' means all water 
        beneath the surface of the Earth within the State that is not--
                    (A) surface water;
                    (B) effluent; or
                    (C) Colorado River water.
            (39) Hualapai fee land.--The term ``Hualapai fee land'' 
        means land, other than Hualapai trust land, that--
                    (A) is located in the State;
                    (B) is located outside the exterior boundaries of 
                the Hualapai Reservation or Hualapai trust land; and
                    (C) as of the Enforceability Date, is owned by the 
                Hualapai Tribe, including 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, including--
                    (A) all land withdrawn by the Executive order dated 
                January 4, 1883, as modified by the May 28, 1942, order 
                of the Secretary pursuant to the Act of February 20, 
                1925 (43 Stat. 954, chapter 273);
                    (B) the land identified by the Executive orders 
                dated December 22, 1898, May 14, 1900, and June 2, 1911; 
                and
                    (C) the land added to the Hualapai Reservation by 
                sections 11 and 12.
            (42) Hualapai tribe.--The term ``Hualapai Tribe'' means the 
        Hualapai Tribe, a federally recognized Indian Tribe of Hualapai 
        Indians organized under section 16 of the Act of June 18, 1934 
        (25 U.S.C. 5123) (commonly known as the ``Indian Reorganization 
        Act'').
            (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;

[[Page 136 STAT. 6230]]

                    (B) was retained by the Secretary for reallocation 
                to Indian Tribes in the State pursuant to section 
                104(a)(1)(A)(iii) of the Central Arizona Project 
                Settlement Act of 2004 (Public Law 108-451; 118 Stat. 
                3487); and
                    (C) is reallocated to the Hualapai Tribe pursuant to 
                section 13.
            (44) Hualapai tribe water delivery contract.--The term 
        ``Hualapai Tribe water delivery contract'' means the contract 
        entered into in accordance with the Hualapai Tribe water rights 
        settlement agreement and section 13(c) for the delivery of 
        Hualapai Tribe CAP water.
            (45) Hualapai tribe water rights settlement agreement.--
                    (A) In general.--The term ``Hualapai Tribe water 
                rights settlement agreement'' means the agreement, 
                including exhibits, entitled ``Hualapai Tribe Water 
                Rights Settlement Agreement'' and dated February 11, 
                2019.
                    (B) Inclusions.--The term ``Hualapai Tribe water 
                rights settlement agreement'' includes--
                          (i) any amendments necessary to make the 
                      Hualapai Tribe water rights settlement agreement 
                      consistent with this Act; and
                          (ii) any other amendments approved by the 
                      parties to the Hualapai Tribe water rights 
                      settlement agreement and the Secretary.
            (46) Hualapai 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.
            (47) Hualapai water project.--The term ``Hualapai Water 
        Project'' means the project constructed in accordance with 
        section 6(a)(7)(A).
            (48) Hualapai water trust fund account.--The term ``Hualapai 
        Water Trust Fund Account'' means the account established under 
        section 6(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, diminution of, or 
                deprivation of, a water right under Federal, State, or 
                other law.
                    (B) Exclusion.--The term ``injury to water rights'' 
                does not include any injury to water quality.
            (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 development fund.--The term 
        ``Lower Colorado River Basin Development Fund'' means the fund 
        established 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.

[[Page 136 STAT. 6231]]

            (54) OM&R.--The term ``OM&R'' means--
                    (A) any recurring or ongoing activity relating to 
                the day-to-day operation of a project;
                    (B) any activity relating to scheduled or 
                unscheduled maintenance of a project; and
                    (C) any activity relating to replacing a feature of 
                a project.
            (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 attached to the Hualapai 
                Tribe water rights settlement 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 attached to 
                the Hualapai Tribe water rights settlement agreement as 
                Exhibit 3.1.6; and
                    (B) held in trust for certain allottees.
            (57) Parcel 3.--The term ``Parcel 3'' means the parcel of 
        land that is--
                    (A) depicted as ``Parcel 3'' on the map attached to 
                the Hualapai Tribe water rights settlement agreement as 
                Exhibit 3.1.6;
                    (B) held in trust for the Hualapai Tribe; and
                    (C) part of the Hualapai Reservation pursuant to 
                Executive Order 1368, dated June 2, 1911.
            (58) Party.--The term ``party'' means a person 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 watering'' means the 
        watering of livestock, range livestock, or poultry.
            (62) Surface water.--The term ``surface water'' means all 
        water in the State that is appropriable under State law.
            (63) Truxton basin.--The term ``Truxton Basin'' means the 
        groundwater aquifer described in 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 Federal, State, or other law.
SEC. 4. <<NOTE: Contracts.>>  RATIFICATION AND EXECUTION OF 
                    HUALAPAI TRIBE WATER RIGHTS SETTLEMENT 
                    AGREEMENT.

    (a) Ratification.--

[[Page 136 STAT. 6232]]

            (1) In general.--Except as modified by this Act and to the 
        extent the Hualapai Tribe water rights settlement agreement does 
        not conflict with this Act, the Hualapai Tribe water rights 
        settlement agreement is authorized, ratified, and confirmed.
            (2) Amendments.--If an amendment to the Hualapai Tribe water 
        rights settlement agreement, or to any exhibit attached to the 
        Hualapai Tribe water rights settlement agreement requiring the 
        signature of the Secretary, is executed in accordance with this 
        Act to make the Hualapai Tribe water rights settlement agreement 
        consistent with this Act, the amendment is authorized, ratified, 
        and confirmed, to the extent the amendment is consistent with 
        this Act.

    (b) Execution.--
            (1) In general.--To the extent the Hualapai Tribe water 
        rights settlement agreement does not conflict with this Act, the 
        Secretary shall execute the Hualapai Tribe water rights 
        settlement agreement, including all exhibits to, or parts of, 
        the Hualapai Tribe water rights settlement agreement requiring 
        the signature of the Secretary.
            (2) Modifications.--Nothing in this Act prohibits the 
        Secretary from approving any modification to an appendix or 
        exhibit to the Hualapai Tribe water rights settlement agreement 
        that is consistent with this Act, to the extent the modification 
        does not otherwise require congressional approval under section 
        2116 of the Revised Statutes (25 U.S.C. 177) or any other 
        applicable provision of Federal law.

    (c) Environmental Compliance.--
            (1) In general.--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 Act, 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 environmental laws 
                and regulations.
            (2) Compliance.--
                    (A) In general.--In implementing the Hualapai Tribe 
                water rights settlement agreement and this Act, the 
                Hualapai Tribe shall prepare any necessary environmental 
                documents, 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.), including the 
                      implementing regulations of that Act; and
                          (iii) all other applicable Federal 
                      environmental laws and regulations.
                    (B) Authorizations.--The Secretary shall--
                          (i) <<NOTE: Evaluation.>>  independently 
                      evaluate the documentation submitted under 
                      subparagraph (A); and
                          (ii) be responsible for the accuracy, scope, 
                      and contents of that documentation.

[[Page 136 STAT. 6233]]

            (3) Effect of execution.--The execution of the Hualapai 
        Tribe water rights settlement agreement by the Secretary under 
        this section shall not constitute a major action for purposes of 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
SEC. 5. WATER RIGHTS.

    (a) Water Rights To Be Held in Trust.--
            (1) Hualapai tribe.--The United States shall hold the 
        following water rights in trust for the benefit of the Hualapai 
        Tribe:
                    (A) The water rights for the Hualapai Reservation 
                described in subparagraph 4.2 of the Hualapai Tribe 
                water rights settlement agreement.
                    (B) The water rights for Hualapai trust land 
                described in subparagraph 4.4 of the Hualapai Tribe 
                water rights settlement agreement.
                    (C) The water rights described in section 12(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 12(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 following water rights shall 
not be subject to loss through non-use, forfeiture, abandonment, or 
other operation of law:
            (1) The water rights for the Hualapai Reservation described 
        in subparagraph 4.2 of the Hualapai Tribe water rights 
        settlement agreement.
            (2) The water rights for Hualapai trust land described in 
        subparagraph 4.4 of the Hualapai Tribe water rights settlement 
        agreement.
            (3) Any Colorado River water entitlement purchased by the 
        Hualapai Tribe wholly or substantially with amounts in the 
        Economic Development Fund described in section 8.1 of the 
        Amended and Restated Hualapai Tribe Bill Williams River Water 
        Rights Settlement Agreement.

    (c) Alienation.--Any Colorado River water entitlement purchased by 
the Hualapai Tribe wholly or substantially with amounts in the Economic 
Development Fund described in section 8.1 of the Amended and Restated 
Hualapai Tribe Bill Williams River Water Rights Settlement Agreement 
shall be restricted against permanent alienation by the 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 13.
    (e) Colorado River Water Entitlements.--
            (1) <<NOTE: Effective date.>>  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.--

[[Page 136 STAT. 6234]]

                    (A) In general.--Subject to paragraphs (3) and (5), 
                the Hualapai Tribe may store Colorado River water 
                available under any Colorado River water entitlement 
                purchased by or donated to the Hualapai Tribe at 
                underground storage facilities or groundwater savings 
                facilities located within the State and in accordance 
                with State law.
                    (B) Assignments.--The Hualapai Tribe may assign any 
                long-term storage credits accrued as a result of storage 
                under subparagraph (A) in accordance with State law.
            (3) Transfers.--The Hualapai Tribe may transfer the 
        entitlement for use or storage under paragraph (1) or (2), 
        respectively, to another location within the State, including 
        the Hualapai Reservation, in accordance with the Hualapai Tribe 
        water rights settlement agreement and all applicable Federal and 
        State laws governing the transfer of Colorado River water 
        entitlements within the State.
            (4) Leases.--The Hualapai Tribe may lease any Colorado River 
        water entitlement for use or storage under paragraph (1) or (2), 
        respectively, to a water user within the State, in accordance 
        with the Hualapai Tribe water rights settlement agreement and 
        all applicable Federal and State laws governing the transfer of 
        Colorado River water entitlements within the State.
            (5) Transports.--The Hualapai Tribe, or any person who 
        leases a Colorado River water entitlement from the Hualapai 
        Tribe under paragraph (4), may transport Colorado River water 
        available under the Colorado River water entitlement through the 
        Central Arizona Project in accordance with all laws of the 
        United States and the agreements between the United States and 
        the Central Arizona Water Conservation District governing the 
        use of the Central Arizona Project to transport water other than 
        CAP water.

    (f) Use Off-Reservation.--No water rights to groundwater under the 
Hualapai Reservation or Hualapai trust land, or to surface water on the 
Hualapai Reservation or Hualapai trust land, may be sold, leased, 
transferred, or used outside the boundaries of the Hualapai Reservation 
or Hualapai trust land, other than under an exchange.
    (g) Groundwater Transportation.--
            (1) Fee land.--Groundwater may be transported 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 reservation.--Groundwater may be 
        transported in accordance with State law away from land added to 
        the Hualapai Reservation by sections 11 and 12 to other land 
        within the Hualapai Reservation.
SEC. 6. HUALAPAI WATER TRUST FUND ACCOUNT; CONSTRUCTION OF 
                    HUALAPAI WATER PROJECT; FUNDING.

    (a) Hualapai Water Trust Fund Account.--
            (1) Establishment.--The Secretary shall establish a trust 
        fund account, to be known as the ``Hualapai Water Trust Fund 
        Account'', to be managed, invested, and distributed by the 
        Secretary and to remain available until expended, withdrawn, or 
        reverted to the general fund of the Treasury, consisting of the 
        amounts deposited in the Hualapai Water Trust Fund

[[Page 136 STAT. 6235]]

        Account under paragraph (2), together with any interest earned 
        on those amounts, for the purposes of carrying out this Act.
            (2) Deposits.--The Secretary shall deposit in the Hualapai 
        Water Trust Fund Account the amounts made available pursuant to 
        section 7(a)(1).
            (3) Management and interest.--
                    (A) Management.--On receipt and deposit of funds 
                into the Hualapai Water Trust Fund Account, the 
                Secretary shall manage, invest, 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 to amounts held in the Hualapai Water 
                Trust Fund Account are authorized to be appropriated to 
                be used in accordance with paragraph (7).
            (4) <<NOTE: Effective dates.>>  Availability of amounts.--
                    (A) In general.--Amounts appropriated to, and 
                deposited in, the Hualapai Water Trust Fund Account, 
                including any investment earnings, shall be made 
                available to the Hualapai Tribe by the Secretary 
                beginning on the Enforceability 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 compliance, 
                as provided in section 8.
            (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 Secretary of a Tribal management plan 
                      submitted 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 Indian Trust Fund 
                      Management Reform Act of 1994 (25 U.S.C. 4001 et 
                      seq.), the Tribal management plan under this 
                      subparagraph 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 
                      Act.
                          (iii) <<NOTE: Determination.>>  Enforcement.--
                      The Secretary may carry out such judicial and 
                      administrative actions as the Secretary determines 
                      to be necessary to enforce the Tribal management 
                      plan under this subparagraph to ensure

[[Page 136 STAT. 6236]]

                      that amounts withdrawn by the Hualapai Tribe from 
                      the Hualapai Water Trust Fund Account under clause 
                      (i) are used in accordance with this Act.
                    (B) Withdrawals under expenditure plan.--
                          (i) In general.--The Hualapai Tribe may submit 
                      to the Secretary a request to withdraw funds from 
                      the Hualapai Water Trust Fund Account pursuant 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 Secretary an expenditure plan for any portion 
                      of the Hualapai Water Trust Fund Account 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 Act.
                          (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 Fund Account will be used by the Hualapai 
                      Tribe, in accordance with paragraph (7).
                          (iv) <<NOTE: Determination.>>  Approval.--The 
                      Secretary shall approve an expenditure plan 
                      submitted under clause (ii) if the Secretary 
                      determines that the plan--
                                    (I) is reasonable; and
                                    (II) is consistent with, and will be 
                                used for, the purposes of this Act.
                          (v) <<NOTE: Determination.>>  Enforcement.--
                      The Secretary may carry out such judicial and 
                      administrative actions as the Secretary determines 
                      to be necessary to enforce an expenditure plan to 
                      ensure that amounts disbursed under this 
                      subparagraph are used in accordance with this Act.
            (6) Effect.--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 Code (commonly known as the 
        ``Administrative Procedure Act'').
            (7) Uses.--Amounts from the Hualapai Water Trust Fund 
        Account shall be used by the Hualapai Tribe--
                    (A) <<NOTE: Plan. Compliance.>>  to plan, design, 
                construct, and conduct related activities, including 
                compliance with Federal environmental laws under section 
                8, the Hualapai Water Project, which shall be designed 
                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 Reservation, 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 electrical 
                power to pump water for the Hualapai Water Project;
                    (D) to construct, repair, and replace such 
                infrastructure as may be necessary for groundwater wells 
                on the Hualapai

[[Page 136 STAT. 6237]]

                Reservation and to construct infrastructure for delivery 
                and use of such groundwater on the Hualapai Reservation;
                    (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) <<NOTE: Reimbursement. Time periods.>>  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 
                                enactment of this Act; 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 the Amended 
                and Restated Hualapai Tribe Bill Williams River Water 
                Rights Settlement Agreement for the purpose of 
                purchasing additional Colorado River water entitlements 
                and appurtenant land.
            (8) Liability.--The Secretary and the Secretary of the 
        Treasury shall not be liable for the expenditure 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, control 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 portion 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 expenditure report describing 
        accomplishments and amounts spent from use of withdrawals under 
        a Tribal management plan or an expenditure plan under this Act.

    (b) Hualapai Water Settlement Implementation Fund Account.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a nontrust, interest-bearing account, to be 
        known as the ``Hualapai Water Settlement Implementation Fund 
        Account'' (referred to in this subsection as the 
        ``Implementation Fund Account'') to be managed and distributed 
        by the Secretary, for use by the Secretary for carrying out this 
        Act.
            (2) Deposits.--The Secretary shall deposit in the 
        Implementation Fund Account the amounts made available pursuant 
        to section 7(a)(2).

[[Page 136 STAT. 6238]]

            (3) Uses.--The Implementation Fund Account shall be used by 
        the Secretary to carry out section 15(c), including for 
        groundwater monitoring in the Truxton Basin.
            (4) Interest.--In addition to the deposits under paragraph 
        (2), any investment earnings, including interest, credited to 
        amounts unexpended in the Implementation Fund Account are 
        authorized to be appropriated to be used in accordance with 
        paragraph (3).
SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Authorizations.--
            (1) Hualapai water trust fund account.--There is authorized 
        to be appropriated to the Secretary for deposit in the Hualapai 
        Water Trust Fund Account $312,000,000, to be available until 
        expended, withdrawn, or reverted to the general fund of the 
        Treasury.
            (2) Hualapai water settlement implementation fund account.--
        There is authorized to be appropriated to the Secretary for 
        deposit in the Hualapai Water Settlement Implementation Fund 
        account established by section 6(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 established by section 10501(a) of the Omnibus Public Land 
        Management Act of 2009 (43 U.S.C. 407(a)).

    (b) Fluctuation in Costs.--
            (1) In general.--The amount authorized to be appropriated 
        under subsection (a)(1) shall be increased or decreased, as 
        appropriate, by such amounts as may be justified by reason of 
        ordinary fluctuations in costs occurring after the date of 
        enactment of this Act, as indicated by the Bureau of Reclamation 
        Construction Cost Index--Composite Trend.
            (2) <<NOTE: Determination.>>  Construction costs 
        adjustment.--The amount authorized to be appropriated under 
        subsection (a)(1) shall be adjusted to address construction cost 
        changes necessary to account for unforeseen 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 subsequent amount 
        appropriated until the amount authorized, as adjusted, has been 
        appropriated.
            (4) Period of indexing.--The period of indexing adjustment 
        for any increment of funding shall end on the date on which the 
        funds are deposited in the Hualapai Water Trust Fund Account.
SEC. 8. ENVIRONMENTAL COMPLIANCE.

    (a) <<NOTE: Effective date.>>  In General.--Effective beginning on 
the date of deposit of funds in the Hualapai Water Trust Fund Account, 
the Hualapai Tribe may commence any environmental, cultural, and 
historical compliance activities necessary to implement the Hualapai 
Tribe water rights settlement agreement and this Act, including 
activities necessary to comply with all applicable provisions of--
            (1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.);

[[Page 136 STAT. 6239]]

            (2) the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.), including the implementing regulations of that 
        Act; and
            (3) all other applicable Federal environmental or historical 
        and cultural protection laws and regulations.

    (b) No Effect on Outcome.--Nothing in this Act 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 
environmental or historical and cultural protection law.
    (c) Compliance Costs.--Any costs associated with the performance of 
the compliance activities under subsection (a) shall be paid from funds 
deposited in the Hualapai Water Trust Fund Account, subject to the 
condition that any costs associated with the performance of 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 Secretary issues a record of decision after 
completion of an environmental impact statement for the Hualapai Water 
Project.
    (e) <<NOTE: Time period.>>  Construction Costs.--Any costs of 
construction incurred by the Hualapai Tribe during the period beginning 
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 deposited in the Hualapai Water Trust Fund Account, 
subject to the condition that, pursuant to section 6(a)(7)(F), the 
Hualapai Tribe may be reimbursed after the Enforceability Date from the 
Hualapai Water Trust Fund Account for any such costs of construction 
incurred by the Hualapai Tribe prior to the Enforceability Date.
SEC. 9. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.

    (a) Waivers and Releases of Claims by the Hualapai Tribe.--
            (1) Claims against the state and others.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the Hualapai Tribe, on behalf of the Hualapai Tribe 
                and the members of the Hualapai Tribe (but not members 
                in the capacity of the members as allottees) and the 
                United States, acting as trustee for the Hualapai Tribe 
                and the members of the Hualapai Tribe (but not members 
                in the capacity of the members as allottees), as part of 
                the performance of the respective obligations of the 
                Hualapai Tribe and the United States under the Hualapai 
                Tribe water rights settlement agreement and this Act, 
                are authorized to execute a waiver and release of any 
                claims against the State (or any agency or political 
                subdivision of the State) and any other individual, 
                entity, corporation, or municipal corporation under 
                Federal, State, or other law for all--
                          (i) past, present, and future claims for water 
                      rights, including rights to Colorado River water, 
                      for Hualapai land, arising from time immemorial 
                      and, thereafter, forever;
                          (ii) past, present, and future claims for 
                      water rights, including rights to Colorado River 
                      water, arising

[[Page 136 STAT. 6240]]

                      from time immemorial and, thereafter, forever, 
                      that are based on the aboriginal occupancy of land 
                      by the Hualapai Tribe, the predecessors of the 
                      Hualapai Tribe, the members of the Hualapai Tribe, 
                      or predecessors of the members of the Hualapai 
                      Tribe;
                          (iii) past and present claims for injury to 
                      water rights, including injury to rights to 
                      Colorado River water, for Hualapai land, arising 
                      from time immemorial through the Enforceability 
                      Date;
                          (iv) past, present, and future claims for 
                      injury to water rights, including injury to rights 
                      to Colorado River water, arising from time 
                      immemorial and, thereafter, forever, that are 
                      based on the aboriginal occupancy of land by the 
                      Hualapai Tribe, the predecessors of the Hualapai 
                      Tribe, the members of the Hualapai Tribe, or 
                      predecessors of the members of the Hualapai Tribe;
                          (v) claims for injury to water rights, 
                      including injury to rights to Colorado River 
                      water, arising after the Enforceability Date, for 
                      Hualapai land, resulting from the off-reservation 
                      diversion or use of surface water, Colorado River 
                      water, or effluent in a manner not in violation of 
                      the Hualapai Tribe water rights settlement 
                      agreement or State law;
                          (vi) past, present, and future claims arising 
                      out of, or relating in any manner to, the 
                      negotiation, execution, or adoption of the 
                      Hualapai Tribe water rights settlement agreement, 
                      any judgment or decree approving or incorporating 
                      the Hualapai Tribe water rights settlement 
                      agreement, or this Act;
                          (vii) claims for water rights of the Hualapai 
                      Tribe or the United States, acting as trustee for 
                      the Hualapai Tribe and members of the Hualapai 
                      Tribe, with respect to Parcel 3, in excess of 300 
                      AFY;
                          (viii) claims for injury to water rights 
                      arising after the Enforceability Date for Hualapai 
                      land resulting from the off-reservation diversion 
                      or use of groundwater from--
                                    (I) any well constructed outside of 
                                the Truxton Basin on or before the date 
                                of enactment of this Act;
                                    (II) any well constructed outside of 
                                the Truxton Basin, and not more than 2 
                                miles from the exterior boundaries of 
                                the Hualapai Reservation, after the date 
                                of enactment of this Act if--
                                            (aa) the well was 
                                        constructed to replace a well in 
                                        existence on the date of 
                                        enactment of this Act;
                                            (bb) the replacement well 
                                        was constructed within 660 feet 
                                        of the well being replaced; and
                                            (cc) the pumping capacity 
                                        and case diameter of the 
                                        replacement well do not exceed 
                                        the pumping capacity and case 
                                        diameter of the well being 
                                        replaced; or
                                    (III) <<NOTE: Applicability.>>  any 
                                well constructed outside the Truxton 
                                Basin, and not less than 2 miles from 
                                the exterior

[[Page 136 STAT. 6241]]

                                boundaries of the Hualapai Reservation, 
                                after the date of enactment of this Act, 
                                subject to the condition that the 
                                authorizations and restrictions 
                                regarding the location, size, and 
                                operation of wells in the Bill Williams 
                                River watershed 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 Williams Act, shall continue to 
                                apply to the parties to the Bill 
                                Williams agreements, notwithstanding the 
                                provisions of this subsection; and
                          (ix) <<NOTE: Effective dates. Notices.>>  
                      claims for injury to water rights arising after 
                      the Enforceability Date, for Hualapai land, 
                      resulting from the off-reservation diversion or 
                      use of groundwater in the Truxton Basin from--
                                    (I) any well constructed within the 
                                Truxton Basin for domestic purposes or 
                                stock watering--
                                            (aa) on or before the date 
                                        on which the Secretary provides 
                                        written notice to the State 
                                        pursuant to section 15(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 
                                            constructed to replace a 
                                            well in existence on the 
                                            date on which the notice was 
                                            provided;
                                                (BB) the replacement 
                                            well was constructed within 
                                            660 feet of the well being 
                                            replaced; and
                                                (CC) the pumping 
                                            capacity 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 watering--
                                            (aa) on or before the date 
                                        of enactment of this Act;
                                            (bb) after the date of 
                                        enactment of this Act if the 
                                        Secretary has not provided 
                                        written notice to the State 
                                        pursuant to section 15(c)(2); or
                                            (cc) after the date of 
                                        enactment of this Act if the 
                                        Secretary has provided written 
                                        notice to the State pursuant to 
                                        section 15(c)(2) and if--
                                                (AA) the well was 
                                            constructed to replace a 
                                            well in existence on the on 
                                            which date the notice was 
                                            provided;
                                                (BB) the replacement 
                                            well was constructed within 
                                            660 feet of the well being 
                                            replaced; and
                                                (CC) the pumping 
                                            capacity and case diameter 
                                            of the replacement well do 
                                            not exceed the pumping 
                                            capacity and case diameter 
                                            of the well being replaced.

[[Page 136 STAT. 6242]]

                    (B) Effective date.--The waiver and release of 
                claims described in subparagraph (A) shall take effect 
                on the Enforceability Date.
                    (C) Reservation of rights and retention of claims.--
                Notwithstanding the waiver and release of claims 
                described in subparagraph (A), the Hualapai Tribe, 
                acting on behalf of the Hualapai Tribe and the members 
                of the Hualapai Tribe, and the United States, acting as 
                trustee for the Hualapai Tribe and the members of the 
                Hualapai Tribe (but not members in the capacity of the 
                members as allottees), shall retain any right--
                          (i) subject to subparagraph 12.7 of the 
                      Hualapai Tribe water rights settlement agreement, 
                      to assert claims for injuries to, and seek 
                      enforcement of, the rights of the Hualapai Tribe 
                      under the Hualapai Tribe water rights settlement 
                      agreement or this Act in any Federal or State 
                      court of competent jurisdiction;
                          (ii) to assert claims for injuries to, and 
                      seek enforcement of, the rights of the Hualapai 
                      Tribe under any judgment or decree approving or 
                      incorporating the Hualapai Tribe water rights 
                      settlement agreement;
                          (iii) to assert claims for water rights based 
                      on State law for land owned or acquired by the 
                      Hualapai Tribe in fee, under subparagraph 4.8 of 
                      the Hualapai Tribe water rights settlement 
                      agreement;
                          (iv) to object to any claims for water rights 
                      or injury to water rights by or for any Indian 
                      Tribe or the United States, acting on behalf of 
                      any Indian Tribe;
                          (v) to assert past, present, or future claims 
                      for injury to water rights against any Indian 
                      Tribe or the United States, acting on behalf of 
                      any Indian Tribe;
                          (vi) to assert claims for injuries to, and 
                      seek enforcement of, the rights of the Hualapai 
                      Tribe under the Bill Williams agreements or the 
                      Bill Williams Act in any Federal or State court of 
                      competent jurisdiction;
                          (vii) subject to paragraphs (1), (3), (4), and 
                      (5) of section 5(e), to assert the rights of the 
                      Hualapai Tribe under any Colorado River water 
                      entitlement purchased by or donated to the 
                      Hualapai Tribe; and
                          (viii) <<NOTE: Effective dates. Notices.>>  to 
                      assert claims for injury to water rights arising 
                      after the Enforceability 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 enactment of this Act outside of 
                                the Truxton Basin and not more than 2 
                                miles from the exterior boundaries of 
                                the Hualapai Reservation, except a 
                                replacement well described in 
                                subparagraph (A)(viii)(II), subject to 
                                the authorizations and restrictions 
                                regarding the location, size, and 
                                operation of wells in the Bill Williams 
                                River watershed, and the waivers of 
                                claims, set forth in the Bill Williams 
                                agreements and the Bill Williams Act;
                                    (II) any well constructed within the 
                                Truxton Basin for domestic purposes or 
                                stock watering after the date on which 
                                the Secretary has provided written 
                                notice to the State pursuant to section 
                                15(c)(2),

[[Page 136 STAT. 6243]]

                                except for a replacement well described 
                                in subparagraph (A)(ix)(I)(bb); and
                                    (III) any well constructed within 
                                the Truxton Basin for purposes other 
                                than domestic purposes or stock watering 
                                after the date of enactment of this Act, 
                                if the Secretary has provided notice to 
                                the State pursuant to section 15(c)(2), 
                                except for a replacement well as 
                                described in subparagraph 
                                (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 members of the Hualapai Tribe 
                (but not members in the capacity of the members as 
                allottees) as part of the performance of the obligations 
                of the Hualapai Tribe under the Hualapai Tribe water 
                rights settlement agreement and this Act, is authorized 
                to execute a waiver and release of all claims against 
                the United States, including agencies, officials, and 
                employees of the United States, under Federal, State, or 
                other law for all--
                          (i) past, present, and future claims for water 
                      rights, including rights to Colorado River water, 
                      for Hualapai land, arising from time immemorial 
                      and, thereafter, forever;
                          (ii) past, present, and future claims for 
                      water rights, including rights to Colorado River 
                      water, arising from time immemorial and, 
                      thereafter, forever, that are based on the 
                      aboriginal occupancy of land by the Hualapai 
                      Tribe, the predecessors of the Hualapai Tribe, the 
                      members of the Hualapai Tribe, or predecessors of 
                      the members of the Hualapai Tribe;
                          (iii) past and present claims relating in any 
                      manner to damages, losses, or injury to water 
                      rights (including injury to rights to Colorado 
                      River water), land, or other resources due to loss 
                      of water or water rights (including damages, 
                      losses, or injuries to hunting, fishing, 
                      gathering, or cultural rights due to loss of water 
                      or water rights, claims relating to interference 
                      with, diversion, or taking of water, or claims 
                      relating to the failure to protect, acquire, or 
                      develop water, water rights, or water 
                      infrastructure) within the State that first 
                      accrued at any time prior to the Enforceability 
                      Date;
                          (iv) past and present claims for injury to 
                      water rights, including injury to rights to 
                      Colorado River water, for Hualapai land, arising 
                      from time immemorial through the Enforceability 
                      Date;
                          (v) past, present, and future claims for 
                      injury to water rights, including injury to rights 
                      to Colorado River water, arising from time 
                      immemorial and, thereafter, forever, that are 
                      based on the aboriginal occupancy of land by the 
                      Hualapai Tribe, the predecessors of the Hualapai 
                      Tribe, the members of the Hualapai Tribe, or 
                      predecessors of the members of the Hualapai Tribe;
                          (vi) claims for injury to water rights, 
                      including injury to rights to Colorado River 
                      water, arising after

[[Page 136 STAT. 6244]]

                      the Enforceability Date for Hualapai land, 
                      resulting from the off-reservation diversion or 
                      use of surface water, Colorado River water, or 
                      effluent 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 settlement agreement, 
                      any judgment or decree approving or incorporating 
                      the Hualapai Tribe water rights settlement 
                      agreement, or this Act;
                          (viii) <<NOTE: Effective dates.>>  claims for 
                      injury to water rights arising after the 
                      Enforceability Date for Hualapai land resulting 
                      from the off-Reservation diversion or use of 
                      groundwater from--
                                    (I) any well constructed on public 
                                domain land outside of the Truxton Basin 
                                on or before the date of enactment of 
                                this Act;
                                    (II) any well constructed on public 
                                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 enactment 
                                of this Act if--
                                            (aa) the well was 
                                        constructed to replace a well in 
                                        existence on the date of 
                                        enactment of this Act;
                                            (bb) the replacement well 
                                        was constructed within 660 feet 
                                        of the well being replaced; and
                                            (cc) the pumping capacity 
                                        and case diameter of the 
                                        replacement well do not exceed 
                                        the pumping capacity and case 
                                        diameter of the well being 
                                        replaced; or
                                    (III) <<NOTE: Applicability.>>  any 
                                well constructed on public domain land 
                                outside of the Truxton Basin, and not 
                                less than 2 miles from the exterior 
                                boundaries of the Hualapai Reservation, 
                                after the date of enactment of this Act, 
                                subject to the condition that the 
                                authorizations and restrictions 
                                regarding the location, size, and 
                                operation of wells in the Bill Williams 
                                River watershed 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 Williams Act, shall continue to 
                                apply to the parties to the Bill 
                                Williams agreements, notwithstanding the 
                                provisions of this subsection; and
                          (ix) <<NOTE: Effective dates. Notices.>>  
                      claims for injury to water rights arising after 
                      the Enforceability Date for Hualapai land 
                      resulting from the off-reservation 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 watering--
                                            (aa) on or before the date 
                                        on which the Secretary provides 
                                        written notice to the State 
                                        pursuant to section 15(c)(2); or

[[Page 136 STAT. 6245]]

                                            (bb) after the date on which 
                                        the Secretary provides written 
                                        notice to the State pursuant to 
                                        that section if--
                                                (AA) the well was 
                                            constructed to replace a 
                                            well in existence on the 
                                            date on which the notice was 
                                            provided;
                                                (BB) the replacement 
                                            well was constructed within 
                                            660 feet of the well being 
                                            replaced; and
                                                (CC) the pumping 
                                            capacity 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 public 
                                domain land within the Truxton Basin for 
                                purposes other than domestic purposes or 
                                stock watering--
                                            (aa) on or before the date 
                                        of enactment of this Act;
                                            (bb) after the date of 
                                        enactment of this Act if the 
                                        Secretary has not provided 
                                        written notice to the State 
                                        pursuant to section 15(c)(2); or
                                            (cc) after the date of 
                                        enactment of this Act if the 
                                        Secretary has provided written 
                                        notice to the State pursuant to 
                                        section 15(c)(2) and if--
                                                (AA) the well was 
                                            constructed to replace a 
                                            well in existence on the 
                                            date on which the notice was 
                                            provided;
                                                (BB) the replacement 
                                            well was constructed within 
                                            660 feet of the well being 
                                            replaced; and
                                                (CC) the pumping 
                                            capacity and case diameter 
                                            of the replacement well do 
                                            not exceed the pumping 
                                            capacity 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.--Notwithstanding the waiver 
                and release of claims described in subparagraph (A), the 
                Hualapai Tribe and the members of the Hualapai Tribe 
                (but not members in the capacity of the members as 
                allottees) shall retain any right--
                          (i) subject to subparagraph 12.7 of the 
                      Hualapai Tribe water rights settlement agreement, 
                      to assert claims for injuries to, and seek 
                      enforcement of, the rights of the Hualapai Tribe 
                      under the Hualapai Tribe water rights settlement 
                      agreement or this Act in any Federal or State 
                      court of competent jurisdiction;
                          (ii) to assert claims for injuries to, and 
                      seek enforcement of, the rights of the Hualapai 
                      Tribe under any judgment or decree approving or 
                      incorporating the Hualapai Tribe water rights 
                      settlement agreement;
                          (iii) to assert claims for water rights based 
                      on State law for land owned or acquired by the 
                      Hualapai

[[Page 136 STAT. 6246]]

                      Tribe in fee under subparagraph 4.8 of the 
                      Hualapai Tribe water rights settlement agreement;
                          (iv) to object to any claims for water rights 
                      or injury to water rights by or for any Indian 
                      Tribe or the United States, acting on behalf of 
                      any Indian Tribe;
                          (v) to assert past, present, or future claims 
                      for injury to water rights against any Indian 
                      Tribe or the United States, acting on behalf of 
                      any Indian Tribe;
                          (vi) to assert claims for injuries to, and 
                      seek enforcement of, the rights of the Hualapai 
                      Tribe under the Bill Williams agreements or the 
                      Bill Williams Act in any Federal or State court of 
                      competent jurisdiction;
                          (vii) subject to paragraphs (1), (3), (4), and 
                      (5) of section 5(e), to assert the rights of the 
                      Hualapai Tribe under any Colorado River water 
                      entitlement purchased by or donated to the 
                      Hualapai Tribe; and
                          (viii) <<NOTE: Effective dates. Notices.>>  to 
                      assert any claims for injury to water rights 
                      arising after the Enforceability 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 enactment of this Act 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 subparagraph 
                                (A)(viii)(II), subject to the 
                                authorizations and restrictions 
                                regarding the location, size, and 
                                operation of wells in the Bill Williams 
                                River watershed, and the waivers of 
                                claims, set forth in the Bill Williams 
                                agreements and the Bill Williams Act;
                                    (II) any well constructed on public 
                                domain land within the Truxton Basin for 
                                domestic purposes or stock watering 
                                after the date on which the Secretary 
                                has provided written notice to the State 
                                pursuant to section 15(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 watering after the date of 
                                enactment of this Act, if the Secretary 
                                has provided notice to the State 
                                pursuant to section 15(c)(2), except for 
                                a replacement well as described in 
                                subparagraph (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 paragraph (3), the 
        United States, acting as trustee for the allottees of the 
        Hualapai Tribe, as part of the performance of the obligations of 
        the United States under the Hualapai Tribe water rights 
        settlement agreement and this Act, is authorized to execute a 
        waiver and release of any claims against the State (or any 
        agency or political subdivision of the State), the Hualapai 
        Tribe, and any other individual, entity, corporation, or 
        municipal corporation under Federal, State, or other law, for 
        all--

[[Page 136 STAT. 6247]]

                    (A) past, present, and future claims for water 
                rights, including rights to Colorado River water, for 
                the allotments, arising from time immemorial and, 
                thereafter, forever;
                    (B) past, present, and future claims for water 
                rights, including rights to Colorado River water, 
                arising from time immemorial and, thereafter, forever, 
                that are based on the aboriginal occupancy of land by 
                the allottees or predecessors of the allottees;
                    (C) past and present claims for injury to water 
                rights, including injury to rights to Colorado River 
                water, for the allotments, arising from time immemorial 
                through the Enforceability Date;
                    (D) past, present, and future claims for injury to 
                water rights, if any, including injury to rights to 
                Colorado River water, arising from time immemorial and, 
                thereafter, forever, that are based on the aboriginal 
                occupancy of land by the allottees or predecessors of 
                the allottees;
                    (E) claims for injury to water rights, including 
                injury to rights to Colorado River water, arising after 
                the Enforceability Date, for the allotments, resulting 
                from the off-reservation diversion or use of water in a 
                manner not in violation of the Hualapai Tribe water 
                rights settlement agreement or State law;
                    (F) past, present, and future claims arising out of, 
                or relating in any manner to, the negotiation, 
                execution, or adoption of the Hualapai Tribe water 
                rights settlement agreement, any judgment or decree 
                approving or incorporating the Hualapai Tribe water 
                rights settlement agreement, or this Act; and
                    (G) claims for any water rights of the allottees or 
                the United States acting as trustee for the allottees 
                with respect to--
                          (i) Parcel 1, in excess of 82 AFY; or
                          (ii) Parcel 2, in excess of 312 AFY.
            (2) Effective date.--The waiver and release of claims under 
        paragraph (1) shall take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1), the United States, 
        acting as trustee for the allottees of the Hualapai Tribe, shall 
        retain any right--
                    (A) subject to subparagraph 12.7 of the Hualapai 
                Tribe water rights settlement agreement, to assert 
                claims for injuries to, and seek enforcement of, the 
                rights of the allottees, if any, under the Hualapai 
                Tribe water rights settlement agreement or this Act in 
                any Federal or State court of competent jurisdiction;
                    (B) to assert claims for injuries to, and seek 
                enforcement of, the rights of the allottees under any 
                judgment or decree approving or incorporating the 
                Hualapai Tribe water rights settlement agreement;
                    (C) to object to any claims for water rights or 
                injury to water rights by or for--
                          (i) any Indian Tribe other than the Hualapai 
                      Tribe; or
                          (ii) the United States, acting on behalf of 
                      any Indian Tribe other than the Hualapai Tribe;

[[Page 136 STAT. 6248]]

                    (D) to assert past, present, or future claims for 
                injury to water rights against--
                          (i) any Indian Tribe other than the Hualapai 
                      Tribe; or
                          (ii) the United States, acting on behalf of 
                      any Indian Tribe other than the Hualapai Tribe; 
                      and
                    (E) to assert claims for injuries to, and seek 
                enforcement of, the rights of the allottees under the 
                Bill Williams agreements or the Bill Williams Act in any 
                Federal or State court of competent jurisdiction.

    (c) Waiver and Release of Claims by United States Against Hualapai 
Tribe.--
            (1) In general.--Except as provided in paragraph (3), the 
        United States, in all capacities (except as trustee for an 
        Indian Tribe other than the Hualapai Tribe), as part of the 
        performance of the obligations of the United States under the 
        Hualapai Tribe water rights settlement agreement and this Act, 
        is authorized to execute a waiver and release of all claims 
        against the Hualapai Tribe, the members of the Hualapai Tribe, 
        or any agency, official, or employee of the Hualapai Tribe, 
        under Federal, State or any other law for all--
                    (A) past and present claims for injury to water 
                rights, including injury to rights to Colorado River 
                water, resulting from the diversion or use of water on 
                Hualapai land arising from time immemorial through the 
                Enforceability Date;
                    (B) claims for injury to water rights, including 
                injury to rights to Colorado River water, arising after 
                the Enforceability Date, resulting from the diversion or 
                use of water on Hualapai land in a manner that is not in 
                violation of the Hualapai Tribe water rights settlement 
                agreement or State law; and
                    (C) past, present, and future claims arising out of, 
                or related in any manner to, the negotiation, execution, 
                or adoption of the Hualapai Tribe water rights 
                settlement agreement, any judgment or decree approving 
                or incorporating the Hualapai Tribe water rights 
                settlement agreement, or this Act.
            (2) Effective date.--The waiver and release of claims under 
        paragraph (1) shall take effect on the Enforceability Date.
            (3) Retention of claims.--Notwithstanding the waiver and 
        release of claims described in paragraph (1), the United States 
        shall retain any right to assert any claim not expressly waived 
        in accordance with that paragraph, including any right to assert 
        a claim for injury to, and seek enforcement of, any right of the 
        United States under the Bill Williams agreements or the Bill 
        Williams Act, in any Federal or State court of competent 
        jurisdiction.

    (d) Bill Williams River Phase 2 Water Rights Settlement Agreement 
Waiver, Release, and Retention of Claims.--
            (1) Claims against freeport.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the United States, acting solely on behalf of the 
                Department of the Interior (including the Bureau of Land 
                Management and the United States Fish and Wildlife 
                Service), as part of the performance of the obligations 
                of the United States under the Bill Williams River phase 
                2 water rights

[[Page 136 STAT. 6249]]

                settlement agreement, is authorized to execute a waiver 
                and release of all claims of the United States against 
                Freeport under Federal, State, or any other law for--
                          (i) any past or present claim for injury to 
                      water rights resulting from--
                                    (I) the diversion or use of water by 
                                Freeport pursuant to the water rights 
                                described in Exhibit 4.1(ii) to the Bill 
                                Williams River phase 2 water rights 
                                settlement agreement; and
                                    (II) any other diversion or use of 
                                water for mining purposes authorized by 
                                the Bill Williams River phase 2 water 
                                rights settlement agreement;
                          (ii) any claim for injury to water rights 
                      arising after the 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 manner not in 
                                violation of the Bill Williams River 
                                phase 2 water rights settlement 
                                agreement;
                                    (II) the diversion of up to 2,500 
                                AFY of water by Freeport from Sycamore 
                                Creek as permitted by section 4.3(iv) of 
                                the Bill Williams River phase 2 water 
                                rights settlement agreement; and
                                    (III) any other diversion or use of 
                                water by Freeport authorized by the Bill 
                                Williams River phase 2 water rights 
                                settlement agreement, subject to the 
                                condition that such a diversion and use 
                                of water is conducted in a manner not in 
                                violation of the Bill Williams River 
                                phase 2 water rights settlement 
                                agreement; and
                          (iii) any past, present, or future claim 
                      arising out of, or relating in any manner to, the 
                      negotiation or execution of the Bill Williams 
                      River phase 2 water rights settlement agreement, 
                      the Hualapai Tribe water rights settlement 
                      agreement, or this Act.
                    (B) Effective date.--The waiver and release of 
                claims under subparagraph (A) shall take effect on the 
                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 assert 
                a claim for injury to, and seek enforcement of, the Bill 
                Williams River phase 2 water rights settlement agreement 
                or this Act, in any Federal or State court of competent 
                jurisdiction (but not a Tribal court).
            (2) No precedential effect.--
                    (A) Pending and future proceedings.--The Bill 
                Williams River phase 2 water rights settlement agreement 
                shall have no precedential effect in any other 
                administrative or judicial proceeding, including--
                          (i) any pending or future general stream 
                      adjudication, or any other litigation involving 
                      Freeport or the

[[Page 136 STAT. 6250]]

                      United States, including any proceeding to 
                      establish or quantify a Federal reserved water 
                      right;
                          (ii) any pending or future administrative or 
                      judicial proceeding relating to an application--
                                    (I) to appropriate water (for 
                                instream flow or other purposes);
                                    (II) to sever and transfer a water 
                                right;
                                    (III) to change a point of 
                                diversion; or
                                    (IV) to change a place of use for 
                                any water right; 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. 10. SATISFACTION OF WATER RIGHTS AND OTHER BENEFITS.

    (a) Hualapai Tribe and Members.--
            (1) In general.--The benefits realized by the Hualapai Tribe 
        and the members of the Hualapai Tribe (but not members in the 
        capacity of the members as allottees) under the Hualapai Tribe 
        water rights settlement agreement, this Act, the Bill Williams 
        agreements, and the Bill Williams Act shall be in full 
        satisfaction of all claims of the Hualapai Tribe, the members of 
        the Hualapai Tribe, and the United States, acting in the 
        capacity of the United States as trustee for the Hualapai Tribe 
        and the members of the Hualapai Tribe, for water rights and 
        injury to water rights under Federal, State, or other law with 
        respect to Hualapai land.
            (2) Satisfaction.--Any entitlement to water of the Hualapai 
        Tribe and the members of the Hualapai Tribe (but not members in 
        the capacity of the members as allottees) or the United States, 
        acting in the capacity of the United States as trustee for the 
        Hualapai Tribe and the members of the Hualapai Tribe (but not 
        members in the capacity of the members as allottees), for 
        Hualapai land shall be satisfied out of the water resources and 
        other benefits granted, confirmed, quantified, or recognized by 
        the Hualapai Tribe water rights settlement agreement, this Act, 
        the Bill Williams agreements, and the Bill Williams Act to or 
        for the Hualapai Tribe, the members of the Hualapai Tribe (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 Hualapai Tribe and the members of the 
        Hualapai Tribe (but not members in the capacity of the members 
        as allottees).

    (b) Allottee Water Claims.--
            (1) In general.--The benefits realized by the allottees of 
        the Hualapai Tribe under the Hualapai Tribe water rights 
        settlement agreement, this Act, the Bill Williams agreements, 
        and the Bill Williams Act shall be in complete replacement of 
        and substitution for, and full satisfaction of, all claims with 
        respect to allotments of the allottees and the United States,

[[Page 136 STAT. 6251]]

        acting in the capacity of the United States as trustee for the 
        allottees, for water rights and injury to water rights under 
        Federal, State, or other law.
            (2) Satisfaction.--Any entitlement to water of the allottees 
        or the United States, acting in the capacity of the United 
        States as trustee for the allottees, for allotments shall be 
        satisfied out of the water resources and other benefits granted, 
        confirmed, or recognized by the Hualapai Tribe water rights 
        settlement agreement, this Act, the Bill Williams agreements, 
        and the Bill Williams Act to or for the allottees and the United 
        States, acting as trustee for the allottees.

    (c) Effect.--Notwithstanding subsections (a) and (b), nothing in 
this Act or the Hualapai Tribe water rights settlement agreement--
            (1) recognizes or establishes any right of a member of the 
        Hualapai Tribe or an allottee to water on Hualapai land; or
            (2) prohibits the Hualapai Tribe or an allottee from 
        acquiring additional water rights by purchase of land, credits, 
        or water rights.
SEC. 11. 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 S\1/2\ sec. 3, 
        lying south of the south boundary of the Hualapai Reservation 
        and north of the north right-of-way boundary of Arizona Highway 
        66, and bounded by the west section line of that sec. 3 and the 
        south section line of that sec. 3, T. 24 N., R. 12 W., Gila and 
        Salt River Base and Meridian, Mohave County, Arizona.
            (4) Hunt parcel 4.--SW\1/4\NE\1/4\ sec. 7, T. 25 N., R. 13 
        W., Gila and Salt River Base and Meridian, Mohave County, 
        Arizona.
            (5) Hunt parcels 1 and 2.--In T. 26 N., R. 14 W., Gila and 
        Salt River Base and Meridian, Mohave County, Arizona--
                    (A) NE\1/4\SW\1/4\ sec. 9; and
                    (B) NW\1/4\SE\1/4\ sec. 27.
            (6) Hunt parcel 3.--SW\1/4\NE\1/4\ sec. 25, T. 27 N., R. 15 
        W., Gila and Salt River Base and Meridian, Mohave County, 
        Arizona.
            (7) Hunt parcel 5.--In sec. 1, T. 25 N., R. 14 W., Gila and 
        Salt River Base and Meridian, Mohave County, Arizona--
                    (A) SE\1/4\;
                    (B) E\1/2\SW\1/4\; and
                    (C) SW\1/4\SW\1/4\.
            (8) Valentine cemetery parcel.--W\1/2\NW\1/4\SW\1/4\ sec. 
        22, T. 23 N., R. 13 W., Gila and Salt River Base and Meridian, 
        Mohave County, Arizona, excepting and reserving to the United 
        States a right-of-way for ditches or canals constructed by the

[[Page 136 STAT. 6252]]

        authority of the United States, pursuant to the Act of August 
        30, 1890 (43 U.S.C. 945).
SEC. 12. TRUST LAND.

    (a) Land To Be Taken Into Trust.--
            (1) <<NOTE: Effective date.>>  In general.--On the date of 
        enactment of this Act, the Secretary is authorized and directed 
        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, Mohave County, Arizona--
                    (A) SW\1/4\ sec. 25; and
                    (B) NE\1/4\ and NE\1/4\ SE\1/4\ 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) affects--
            (1) any water right of the Hualapai Tribe in existence under 
        State law before the date of enactment 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 enactment of 
        this Act.

    (e) Future Trust Land.--
            (1) <<NOTE: Effective date.>>  New statutory requirement.--
        Effective beginning on the date of enactment of this Act, 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 enactment of which is after the date 
                of enactment of this Act.
            (2) Water rights.--Any land taken into trust for the benefit 
        of the Hualapai Tribe under paragraph (1)--
                    (A) shall include water rights only under State law; 
                and
                    (B) shall not include any federally reserved water 
                rights.
SEC. 13. REALLOCATION OF CAP NIA PRIORITY WATER; FIRMING; WATER 
                      DELIVERY CONTRACT; COLORADO RIVER 
                      ACCOUNTING.

    (a) <<NOTE: Effective date.>>  Reallocation to the Hualapai Tribe.--
On the Enforceability Date, the Secretary shall reallocate to the 
Hualapai Tribe the Hualapai Tribe CAP water.

    (b) Firming.--
            (1) <<NOTE: Time period.>>  Hualapai tribe cap water.--
        Except as provided in subsection (c)(2)(H), the Hualapai Tribe 
        CAP water shall be firmed as follows:

[[Page 136 STAT. 6253]]

                    (A) In accordance with section 105(b)(1)(B) of the 
                Central Arizona Project Settlement Act of 2004 (Public 
                Law 108-451; 118 Stat. 3492), for the 100-year period 
                beginning on January 1, 2008, the Secretary shall firm 
                557.50 AFY of the Hualapai Tribe CAP water to the 
                equivalent of CAP M&I priority water.
                    (B) In accordance with section 105(b)(2)(B) of the 
                Central Arizona Project Settlement Act of 2004 (Public 
                Law 108-451; 118 Stat. 3492), for the 100-year period 
                beginning on January 1, 2008, the State shall firm 
                557.50 AFY of the Hualapai Tribe CAP water to the 
                equivalent of CAP M&I priority water.
            (2) Additional firming.--The Hualapai Tribe may, at the 
        expense of the Hualapai Tribe, take additional actions to firm 
        or supplement the Hualapai Tribe CAP water, including by 
        entering into agreements for that purpose with the Central 
        Arizona Water Conservation District, the Arizona Water Banking 
        Authority, or any other lawful authority, in accordance with 
        State law.

    (c) Hualapai Tribe Water Delivery Contract.--
            (1) In general.--In accordance with the Hualapai Tribe water 
        rights settlement agreement and the requirements described in 
        paragraph (2), the Secretary shall enter into the Hualapai Tribe 
        water delivery contract.
            (2) Requirements.--The requirements referred to in paragraph 
        (1) are the following:
                    (A) In general.--The Hualapai Tribe water delivery 
                contract shall--
                          (i) be for permanent service (as that term is 
                      used in section 5 of the Boulder Canyon Project 
                      Act (43 U.S.C. 617d));
                          (ii) <<NOTE: Effective date.>>  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 subparagraph to be effected by the 
                      diversion and use of water directly from the 
                      Colorado River in the State.
                    (C) Contractual delivery.--The Secretary shall 
                deliver the Hualapai Tribe CAP water to the Hualapai 
                Tribe in accordance with the terms and conditions of the 
                Hualapai Tribe water delivery contract.
                    (D) Distribution of cap nia priority water.--
                          (i) In general.--Except as provided in clause 
                      (ii), if, for any year, the available CAP supply 
                      is insufficient to meet all demands under CAP 
                      contracts and CAP subcontracts for the delivery of 
                      CAP NIA priority water, the Secretary and the CAP 
                      operating agency shall prorate the available CAP 
                      NIA priority water among the CAP contractors and 
                      CAP subcontractors holding contractual 
                      entitlements to CAP NIA priority

[[Page 136 STAT. 6254]]

                      water on the basis of the quantity of CAP NIA 
                      priority water used by each such CAP contractor 
                      and CAP subcontractor in the last year in which 
                      the available CAP supply was sufficient to fill 
                      all orders for CAP NIA priority water.
                          (ii) Exception.--
                                    (I) In general.--Notwithstanding 
                                clause (i), if the available CAP supply 
                                is insufficient to meet all demands 
                                under CAP contracts and CAP subcontracts 
                                for the delivery of CAP NIA priority 
                                water in the year following the year in 
                                which the Enforceability Date occurs, 
                                the Secretary shall assume that the 
                                Hualapai Tribe used the full volume of 
                                Hualapai Tribe CAP water in the last 
                                year in which the available CAP supply 
                                was sufficient to fill all orders for 
                                CAP NIA priority water.
                                    (II) Continuation.--The assumption 
                                described in subclause (I) shall 
                                continue until the available CAP supply 
                                is sufficient to meet all demands under 
                                CAP contracts and CAP subcontracts for 
                                the delivery of CAP NIA priority water.
                                    (III) Determination.--The Secretary 
                                shall determine the quantity of CAP NIA 
                                priority water used by the Gila River 
                                Indian Community and the Tohono O'odham 
                                Nation in the last year in which the 
                                available CAP supply was sufficient to 
                                fill all orders for CAP NIA priority 
                                water in a manner consistent with the 
                                settlement agreements with those Tribes.
                    (E) Leases and exchanges of hualapai tribe cap 
                water. <<NOTE: Effective date.>> --On and after the date 
                on which the Hualapai Tribe water delivery contract 
                becomes effective, the Hualapai Tribe may, with the 
                approval of the Secretary, enter into contracts or 
                options to lease, or contracts or options to exchange, 
                the Hualapai Tribe CAP water within the lower basin in 
                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 options to 
                      exchange under subparagraph (E) shall be for the 
                      term provided for in the contract or option, as 
                      applicable.
                          (iii) Renegotiation.--The Hualapai Tribe may, 
                      with the approval of the Secretary, renegotiate 
                      any lease described in subparagraph (E), at any 
                      time during the term of the lease, if the term of 
                      the renegotiated lease does not exceed 100 years.
                    (G) Prohibition on permanent alienation.--No 
                Hualapai Tribe CAP water may be permanently alienated.
                    (H) No firming of leased water.--The firming 
                obligations described in subsection (b)(1) shall not 
                apply

[[Page 136 STAT. 6255]]

                to any Hualapai Tribe CAP water leased by the Hualapai 
                Tribe to another person.
                    (I) Entitlement to lease and exchange funds; 
                obligations of united states.--
                          (i) Entitlement.--
                                    (I) In general.--The Hualapai Tribe 
                                shall be entitled to all consideration 
                                due to the Hualapai Tribe under any 
                                contract to lease, option to lease, 
                                contract to exchange, or option to 
                                exchange the Hualapai Tribe CAP water 
                                entered into by the Hualapai Tribe.
                                    (II) Exclusion.--The United States 
                                shall not, in any capacity, be entitled 
                                to the consideration described in 
                                subclause (I).
                          (ii) Obligations of united states.--The United 
                      States shall not, in any capacity, have any trust 
                      or other obligation to monitor, administer, or 
                      account for, in any manner, any funds received by 
                      the Hualapai Tribe as consideration under any 
                      contract to lease, option to lease, contract 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 exchange 
                      into an account held in trust for the Hualapai 
                      Tribe by the United States.
                    (J) Water use and storage.--
                          (i) In general.--The Hualapai Tribe may use 
                      the Hualapai Tribe CAP water on or off the 
                      Hualapai Reservation within the lower basin in 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--
                                    (I) used by the Hualapai Tribe; or
                                    (II) exchanged by the Hualapai Tribe 
                                for water that will be used by the 
                                Hualapai Tribe.
                          (iii) Assignment.--The Hualapai Tribe, in 
                      accordance with State law, may assign any long-
                      term storage credit accrued as a result of storage 
                      described in clause (ii), subject to the condition 
                      that the Hualapai Tribe shall not assign any long-
                      term storage credit accrued as a result of the 
                      storage of Hualapai Tribe CAP water that has been 
                      firmed pursuant to subsection (b)(1).
                    (K) Use outside state.--The Hualapai Tribe may not 
                use, lease, exchange, forbear, or otherwise transfer any 
                Hualapai Tribe CAP water for use directly or indirectly 
                outside of the lower basin in the State.
                    (L) Cap fixed om&r charges.--
                          (i) In general.--The CAP operating agency 
                      shall be paid the CAP fixed OM&R charges 
                      associated with the delivery of all Hualapai Tribe 
                      CAP water.

[[Page 136 STAT. 6256]]

                          (ii) Payment of charges.--Except as provided 
                      in subparagraph (O), all CAP fixed OM&R charges 
                      associated with the delivery of the Hualapai Tribe 
                      CAP water to the Hualapai Tribe shall be paid by--
                                    (I) the Secretary, pursuant to 
                                section 403(f)(2)(A) of the Colorado 
                                River Basin Project Act (43 U.S.C. 
                                1543(f)(2)(A)), subject to the condition 
                                that funds for that payment are 
                                available in the Lower Colorado River 
                                Basin Development Fund; and
                                    (II) if the funds described in 
                                subclause (I) become unavailable, the 
                                Hualapai Tribe.
                    (M) Cap pumping energy charges.--
                          (i) In general.--The CAP operating agency 
                      shall be paid the CAP pumping energy charges 
                      associated with the delivery of Hualapai Tribe CAP 
                      water only in cases in which the CAP system is 
                      used for the delivery of that water.
                          (ii) Payment of charges.--Except for CAP water 
                      not delivered through the CAP system, which does 
                      not incur a CAP pumping energy charge, or water 
                      delivered to other persons as described in 
                      subparagraph (O), any applicable CAP pumping 
                      energy charges associated with the delivery of the 
                      Hualapai Tribe CAP water shall be paid by the 
                      Hualapai Tribe.
                    (N) Waiver of property tax equivalency payments.--No 
                property tax or in-lieu property tax equivalency shall 
                be due or payable by the Hualapai Tribe for the delivery 
                of CAP water or for the storage of CAP water in an 
                underground storage facility or groundwater savings 
                facility.
                    (O) Lessee responsibility for charges.--
                          (i) <<NOTE: Requirement.>>  In general.--Any 
                      lease or option to lease providing for the 
                      temporary delivery to other persons of any 
                      Hualapai Tribe CAP water shall require the lessee 
                      to pay the CAP operating agency all CAP fixed OM&R 
                      charges and all CAP pumping energy charges 
                      associated with the delivery of the leased water.
                          (ii) No responsibility for payment.--Neither 
                      the Hualapai Tribe nor the United States in any 
                      capacity shall be responsible for the payment of 
                      any charges associated with the delivery of the 
                      Hualapai Tribe CAP water leased to other persons.
                    (P) Advance payment.--No Hualapai Tribe CAP water 
                shall be delivered unless the CAP fixed OM&R charges and 
                any applicable CAP pumping energy charges associated 
                with the delivery of that water have been paid in 
                advance.
                    (Q) Calculation.--The charges for delivery of the 
                Hualapai Tribe CAP water pursuant to the Hualapai Tribe 
                water delivery contract shall be calculated in 
                accordance with the CAP repayment stipulation.
                    (R) Cap repayment.--For purposes of determining the 
                allocation and repayment of costs of any stages of the 
                CAP system constructed after November 21, 2007, the 
                costs associated with the delivery of the Hualapai Tribe 
                CAP water, regardless of whether the Hualapai Tribe CAP 
                water is delivered for use by the Hualapai Tribe or in 
                accordance

[[Page 136 STAT. 6257]]

                with any lease, option to lease, exchange, or option to 
                exchange providing for the delivery to other persons of 
                the Hualapai Tribe CAP water, shall be--
                          (i) nonreimbursable; and
                          (ii) excluded from the repayment obligation of 
                      the Central Arizona Water Conservation District.
                    (S) Nonreimbursable cap construction costs.--
                          (i) In general.--With respect to the costs 
                      associated with the construction of the CAP system 
                      allocable to the Hualapai Tribe--
                                    (I) the costs shall be 
                                nonreimbursable; and
                                    (II) the Hualapai Tribe shall have 
                                no repayment obligation for the costs.
                          (ii) Capital charges.--No CAP water service 
                      capital charges shall be due or payable for the 
                      Hualapai Tribe CAP water, regardless of whether 
                      the 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. 14. <<NOTE: Deadline.>>  ENFORCEABILITY DATE.

    (a) <<NOTE: Federal Register, publication. Statement.>>  In 
General.--Except as provided in subsection (d), the Hualapai Tribe water 
rights settlement agreement, including the waivers and releases of 
claims described in section 9, shall take effect and be fully 
enforceable 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 Act--
                    (A) the Hualapai Tribe water rights settlement 
                agreement has been revised through an amendment to 
                eliminate the conflict; and
                    (B) the revised Hualapai Tribe water rights 
                settlement agreement, including any exhibits requiring 
                execution by any party to the Hualapai Tribe water 
                rights settlement agreement, has been executed by the 
                required party;
            (2) the waivers and releases of claims described in section 
        9 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 completed by the Hualapai Tribe;
            (4) the full amount described in section 7(a)(1), as 
        adjusted by section 7(b), has been deposited in the Hualapai 
        Water Trust Fund Account;
            (5) the Gila River adjudication decree has been approved by 
        the Gila River adjudication court substantially in the form of 
        the judgment and decree attached to the Hualapai Tribe water 
        rights settlement agreement as Exhibit 3.1.43, as amended to 
        ensure consistency with this Act; and
            (6) the Secretary has executed the Hualapai Tribe water 
        delivery contract described in section 13(c).

    (b) Repeal on Failure To Meet Enforceability Date.--

[[Page 136 STAT. 6258]]

            (1) In general.--Except as provided in paragraph (2), if the 
        Secretary fails to publish in the Federal Register a statement 
        of findings under subsection (a) by April 15, 2029, or such 
        alternative later date as may be agreed to by the Hualapai 
        Tribe, the Secretary, and the State--
                    (A) this Act is repealed;
                    (B) any action taken by the Secretary and any 
                contract or agreement entered into pursuant to this Act 
                shall be void; and
                    (C) any amounts appropriated under section 7, 
                together with any investment earnings on those amounts, 
                less any amounts expended under section 6(a)(4)(B), 
                shall revert immediately to the general fund of the 
                Treasury.
            (2) Severability.--Notwithstanding paragraph (1), if the 
        Secretary fails to publish in the Federal Register a statement 
        of findings under subsection (a) by April 15, 2029, or such 
        alternative later date as may be agreed to by the Hualapai 
        Tribe, the Secretary, and the State, section 11 and subsections 
        (a), (b), (c), and (d) of section 12 shall remain in effect.

    (c) Right To Offset.--If the Secretary has not published in the 
Federal Register the statement of findings under subsection (a) by April 
15, 2029, or such alternative 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 available under section 
6(a)(4)(B) that were used or authorized for any use under that section 
against any claim asserted by the Hualapai Tribe against the United 
States described in section 9(a)(2)(A).
    (d) Bill Williams River Phase 2 Enforceability Date.--
Notwithstanding any other provision of this Act, the Bill Williams River 
phase 2 water rights settlement agreement (including the waivers and 
releases described in section 9(d) of this Act and section 5 of the Bill 
Williams River phase 2 water rights settlement agreement) shall take 
effect and become enforceable among the parties to the Bill Williams 
River phase 2 water rights settlement agreement on the date on which all 
of the following conditions have occurred:
            (1) The Hualapai Tribe water rights settlement agreement 
        becomes enforceable pursuant to subsection (a).
            (2) Freeport has submitted to the Arizona Department of 
        Water Resources a conditional withdrawal of any objection to the 
        Bill Williams River watershed instream flow applications 
        pursuant to section 4.4(i) of the Bill Williams River phase 2 
        water rights settlement agreement, which withdrawal shall take 
        effect on the Bill Williams River Phase 2 Enforceability Date 
        described in this subsection.
            (3) Not later than the Enforceability Date, the Arizona 
        Department of Water Resources has issued an appealable, 
        conditional decision and order for the Bill Williams River 
        watershed instream flow applications pursuant to section 
        4.4(iii) of the Bill Williams River phase 2 water rights 
        settlement agreement, which order shall become nonconditional 
        and effective on the Bill Williams River Phase 2 Enforceability 
        Date described in this subsection.
            (4) The conditional decision and order described in 
        paragraph (3)--
                    (A) becomes final; and

[[Page 136 STAT. 6259]]

                    (B) is not subject to any further appeal.
SEC. 15. ADMINISTRATION.

    (a) Limited Waiver of Sovereign Immunity.--
            (1) Waiver.--
                    (A) In general.--In any circumstance described in 
                paragraph (2)--
                          (i) the United States or the Hualapai Tribe 
                      may be joined in the action described in the 
                      applicable subparagraph of that paragraph; and
                          (ii) subject to subparagraph (B), any claim by 
                      the United States or the Hualapai Tribe to 
                      sovereign immunity from the action is waived.
                    (B) Limitation.--A waiver under subparagraph 
                (A)(ii)--
                          (i) shall only be for the limited and sole 
                      purpose of the interpretation or enforcement of--
                                    (I) this Act;
                                    (II) the Hualapai Tribe water rights 
                                settlement agreement, as ratified by 
                                this Act; or
                                    (III) the Bill Williams River phase 
                                2 water right settlement agreement, as 
                                ratified by this Act; and
                          (ii) shall not include any award against the 
                      United States or the Hualapai Tribe for money 
                      damages, court costs, or attorney fees.
            (2) Circumstances described.--A circumstance referred to in 
        paragraph (1)(A) is any of the following:
                    (A) Any party to the Hualapai Tribe water rights 
                settlement agreement--
                          (i) brings an action in any court of competent 
                      jurisdiction relating only and directly to the 
                      interpretation or enforcement of--
                                    (I) this Act; or
                                    (II) the Hualapai Tribe water rights 
                                settlement agreement; and
                          (ii) names the United States or the Hualapai 
                      Tribe as a party in that action.
                    (B) Any landowner or water user in the Verde River 
                Watershed--
                          (i) brings an action in any court of competent 
                      jurisdiction relating only and directly to the 
                      interpretation or enforcement of--
                                    (I) paragraph 10.0 of the Hualapai 
                                Tribe water rights settlement agreement;
                                    (II) Exhibit 3.1.43 to the Hualapai 
                                Tribe water rights settlement agreement; 
                                or
                                    (III) section 9; 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 directly to the 
                      interpretation or enforcement of--
                                    (I) this Act; or

[[Page 136 STAT. 6260]]

                                    (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 review of Federal environmental or 
safety-related enforcement actions.
    (c) Basin Groundwater Withdrawal Estimates.--
            (1) Groundwater withdrawal estimates.--
                    (A) <<NOTE: Deadline.>>  In general.--Not later than 
                1 year of the date of enactment of this Act, 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 Reservation.
                    (B) <<NOTE: Determination.>>  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 Reservation until such time as the 
                Secretary, after consultation with the Hualapai Tribe, 
                determines that annual estimates are not warranted.
            (2) Notice to the state.--Based on the estimates under 
        paragraph (1), the Secretary shall notify 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 land acquired by the Hualapai Tribe, 
        including by a tribally owned corporation, in fee after the 
        Enforceability Date.

    (d) Antideficiency.--Notwithstanding any authorization of 
appropriations to carry out this Act, the United States shall not be 
liable for any failure of the United States to carry out any obligation 
or activity authorized by this Act (including all agreements or exhibits 
ratified or confirmed by this Act) if--
            (1) adequate appropriations are not provided expressly by 
        Congress to carry out the purposes of this Act; or
            (2) there are not enough monies available to carry out this 
        Act in the Lower Colorado River Basin Development Fund.

    (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 Act;
            (2) execution or performance of this Act; or
            (3) the use, storage, delivery, lease, or exchange of CAP 
        water.

    (f) Effect.--
            (1) No modification or preemption of other law.--Unless 
        expressly provided in this Act, nothing in this Act modifies, 
        conflicts with, preempts, or otherwise affects--
                    (A) the Boulder Canyon Project Act (43 U.S.C. 617 et 
                seq.);

[[Page 136 STAT. 6261]]

                    (B) the Boulder Canyon Project Adjustment Act (43 
                U.S.C. 618 et seq.);
                    (C) the Act of April 11, 1956 (commonly known as the 
                ``Colorado River Storage Project Act'') (43 U.S.C. 620 
                et seq.);
                    (D) the Colorado River Basin Project Act (Public Law 
                90-537; 82 Stat. 885);
                    (E) the Treaty between the United States of America 
                and Mexico respecting utilization of waters of the 
                Colorado and Tijuana Rivers and of the Rio Grande, 
                signed at Washington February 3, 1944 (59 Stat. 1219);
                    (F) the Colorado River Compact;
                    (G) the Upper Colorado River Basin Compact;
                    (H) the Omnibus Public Land Management Act of 2009 
                (Public Law 111-11; 123 Stat. 991); or
                    (I) case law concerning water rights in the Colorado 
                River system other than any case to enforce the Hualapai 
                Tribe water rights settlement agreement or this Act.
            (2) Effect on agreements.--Nothing in this Act or the 
        Hualapai Tribe water rights settlement agreement limits the 
        right of the Hualapai Tribe to enter into any agreement for the 
        storage or banking of water in accordance with State law with--
                    (A) the Arizona Water Banking Authority (or a 
                successor agency or entity); or
                    (B) any other lawful authority.
            (3) Effect of act.--Nothing in this Act--
                    (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.

    Approved January 5, 2023.

LEGISLATIVE HISTORY--S. 4104:
---------------------------------------------------------------------------

SENATE REPORTS: No. 117-287 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 168 (2022):
            Dec. 19, considered and passed Senate.
            Dec. 21, 22, considered and passed House.

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