S 2109 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 2109CommentsClose CommentsPermalink

To approve the settlement of water rights claims of the Navajo Nation, the Hopi Tribe, and the allottees of the Navajo Nation and Hopi Tribe in the State of Arizona, to authorize construction of municipal water projects relating to the water rights claims, to resolve litigation against the United States concerning Colorado River operations affecting the States of California, Arizona, and Nevada, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

February 14, 2012CommentsClose CommentsPermalink

Mr. KYL (for himself and Mr. MCCAIN) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To approve the settlement of water rights claims of the Navajo Nation, the Hopi Tribe, and the allottees of the Navajo Nation and Hopi Tribe in the State of Arizona, to authorize construction of municipal water projects relating to the water rights claims, to resolve litigation against the United States concerning Colorado River operations affecting the States of California, Arizona, and Nevada, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings.CommentsClose CommentsPermalink





Sec. 3. Purposes.CommentsClose CommentsPermalink





Sec. 4. Definitions.CommentsClose CommentsPermalink

TITLE I--NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT AGREEMENT

Sec. 101. Ratification and execution of the Navajo-Hopi Little Colorado River water rights settlement agreement.CommentsClose CommentsPermalink





Sec. 102. Water rights.CommentsClose CommentsPermalink





Sec. 103. Authorization for construction of municipal, domestic, commercial, and industrial water projects.CommentsClose CommentsPermalink





Sec. 104. Funding.CommentsClose CommentsPermalink





Sec. 105. Waivers, releases, and retentions of claims.CommentsClose CommentsPermalink





Sec. 106. Satisfaction of water rights and other benefits.CommentsClose CommentsPermalink





Sec. 107. After-acquired trust land.CommentsClose CommentsPermalink





Sec. 108. Enforceability date.CommentsClose CommentsPermalink





Sec. 109. Administration.CommentsClose CommentsPermalink





Sec. 110. Environmental compliance.CommentsClose CommentsPermalink

TITLE II--CENTRAL ARIZONA PROJECT WATER

Sec. 201. Conditions for reallocation of CAP NIA priority water.CommentsClose CommentsPermalink





Sec. 202. Reallocation of CAP NIA priority water, firming, water delivery contract.CommentsClose CommentsPermalink





Sec. 203. Colorado River accounting.CommentsClose CommentsPermalink





Sec. 204. No modification of existing laws.CommentsClose CommentsPermalink





Sec. 205. Amendments.CommentsClose CommentsPermalink





Sec. 206. Retention of Lower Colorado River water for future Lower Colorado River settlement.CommentsClose CommentsPermalink





Sec. 207. Authorization of appropriations for feasibility study.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) it is the policy of the United States, in keeping with the trust responsibility of the United States to Indian tribes, to settle Indian water rights claims whenever possible without lengthy and costly litigation;CommentsClose CommentsPermalink





(2) the water rights settlements described in paragraph (1) typically require congressional review and approval;CommentsClose CommentsPermalink





(3) the Navajo Nation and the United States, acting as trustee for the Navajo Nation and allottees of the Navajo Nation, claim the right to an unquantified amount of water from the Little Colorado River system and source;CommentsClose CommentsPermalink





(4) the Navajo Nation claims the right to an unquantified amount of water from the lower basin of the Colorado River and has challenged the legality of the Colorado River Interim Surplus Guidelines, the Colorado River Quantification Settlement Agreement of the State of California, interstate water banking regulations, and Central Arizona Project water deliveries;CommentsClose CommentsPermalink





(5) the defendants in the action described in paragraph (4) include--CommentsClose CommentsPermalink





(A) the Department of the Interior, including the Bureau of Reclamation and the Bureau of Indian Affairs, andCommentsClose CommentsPermalink





(B) intervenor-defendants, including--CommentsClose CommentsPermalink





(i) the Southern Nevada Water Authority;CommentsClose CommentsPermalink





(ii) the Colorado River Commission of Nevada;CommentsClose CommentsPermalink





(iii) the State of Arizona;CommentsClose CommentsPermalink





(iv) the State of Nevada;CommentsClose CommentsPermalink





(v) the Central Arizona Water Conservation District;CommentsClose CommentsPermalink





(vi) the Southern California Metropolitan Water District;CommentsClose CommentsPermalink





(vii) the Imperial Irrigation District;CommentsClose CommentsPermalink





(viii) the Coachella Valley Water District;CommentsClose CommentsPermalink





(ix) the Arizona Power Authority;CommentsClose CommentsPermalink





(x) the Salt River Project Agricultural Improvement and Power District; andCommentsClose CommentsPermalink





(xi) the Salt River Valley Water Users Association;CommentsClose CommentsPermalink





(6) the Hopi Tribe and the United States, acting as trustee for the Hopi Tribe and allottees of the Hopi Tribe, claim the right to an unquantified amount of water from the Little Colorado River system and source; andCommentsClose CommentsPermalink





(7) consistent with the policy of the United States, this Act settles the water rights claims of the Navajo Nation, allottees of the Navajo Nation, the Hopi Tribe, and allottees of the Hopi Tribe by providing drinking water infrastructure to the Navajo Nation and the Hopi Tribe in exchange for limiting the legal exposure and litigation expenses of the United States, the States of Arizona and Nevada, and agricultural, municipal, and industrial water users in the States of Arizona, Nevada, and California.CommentsClose CommentsPermalink

SEC. 3. PURPOSES.

The purposes of this Act are--CommentsClose CommentsPermalink





(1) to resolve, fully and finally--CommentsClose CommentsPermalink





(A) any and all claims to the Little Colorado River system and source in the State of Arizona of--CommentsClose CommentsPermalink





(i) the Navajo Nation, on behalf of itself and the members of the Navajo Nation;CommentsClose CommentsPermalink





(ii) the United States, acting as trustee for the Navajo Nation, the members of the Navajo Nation, and allottees of the Navajo Nation;CommentsClose CommentsPermalink





(iii) the Hopi Tribe, on behalf of itself and the members of the Hopi Tribe; andCommentsClose CommentsPermalink





(iv) the United States, acting as trustee for the Hopi Tribe, the members of the Hopi Tribe, and allottees of the Hopi Tribe; andCommentsClose CommentsPermalink





(B) any and all claims to the Gila River system and source in the State of Arizona of the Navajo Nation, on behalf of itself and the members of the Navajo Nation;CommentsClose CommentsPermalink





(2) to approve, ratify, and confirm the settlement agreement entered into among the Navajo Nation, the Hopi Tribe, the United States, the State of Arizona, and any other party;CommentsClose CommentsPermalink





(3) to authorize and direct the Secretary to execute and perform the duties and obligations of the Secretary under the settlement agreement and this Act; andCommentsClose CommentsPermalink





(4) to authorize any actions and appropriations necessary for the United States to fulfill the duties and obligations of the United States to the Navajo Nation, allottees of the Navajo Nation, the Hopi Tribe, and allottees of the Hopi Tribe, as provided in the settlement agreement and this Act.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) 1934 ACT CASE- The term ‘1934 Act case’ means the litigation styled Honyoama v. Shirley, Case No. CIV 74-842-PHX-EHC (D. Ariz. 2006).CommentsClose CommentsPermalink





(2) ABSTRACT- The term ‘abstract’ means a summary of water rights or uses held or owned by any person, as represented in a form substantially similar to the form attached as exhibit 3.1.4 to the settlement agreement.CommentsClose CommentsPermalink





(3) AFY- The term ‘afy’ means acre-feet per year.CommentsClose CommentsPermalink





(4) ALLOTMENT- The term ‘allotment’ means an allotment that--CommentsClose CommentsPermalink





(A) was originally allotted to an individual identified as a Navajo or Hopi Indian in the allotting document;CommentsClose CommentsPermalink





(B) is located--CommentsClose CommentsPermalink





(i) within the exterior boundaries of the Navajo Reservation;CommentsClose CommentsPermalink





(ii) within the exterior boundaries of the Hopi Reservation; orCommentsClose CommentsPermalink





(iii) on land that is--CommentsClose CommentsPermalink





(I) off-reservation land; andCommentsClose CommentsPermalink





(II) within Apache, Coconino, or Navajo County, in the State; andCommentsClose CommentsPermalink





(C) is held in trust by the United States for the benefit of an allottee.CommentsClose CommentsPermalink





(5) ALLOTTEE- The term ‘allottee’ means a person who holds a beneficial real property interest in an allotment.CommentsClose CommentsPermalink





(6) AVAILABLE CAP SUPPLY- The term ‘available CAP supply’ means, for any given year--CommentsClose CommentsPermalink





(A) all fourth priority Colorado River water available for delivery through the CAP system;CommentsClose CommentsPermalink





(B) water available from CAP dams and reservoirs other than Modified Roosevelt Dam; andCommentsClose CommentsPermalink





(C) return flows captured by the Secretary for CAP use.CommentsClose CommentsPermalink





(7) CAP CONTRACT- The term ‘CAP contract’ means a long-term contract or subcontract, as those terms are used in the CAP repayment stipulation, for delivery of CAP water.CommentsClose CommentsPermalink





(8) CAP CONTRACTOR- The term ‘CAP contractor’ means a person or entity that has entered into a long-term contract or subcontract (as those terms are used in the CAP repayment stipulation) with the United States or the United States and the Central Arizona Water Conservation District for delivery of water through the CAP system.CommentsClose CommentsPermalink





(9) CAP FIXED OM&R CHARGE- The term ‘CAP fixed OM&R charge’ means ‘Fixed OM&R Charge’, as that term is defined in the CAP repayment stipulation.CommentsClose CommentsPermalink





(10) CAP M&I PRIORITY WATER- The term ‘CAP M&I priority water’ means the CAP water that has a municipal and industrial delivery priority under the CAP repayment contract.CommentsClose CommentsPermalink





(11) CAP NIA PRIORITY WATER- The term ‘CAP NIA priority water’ means the CAP water deliverable under a CAP contract providing for the delivery of non-Indian agricultural priority water.CommentsClose CommentsPermalink





(12) CAP OPERATING AGENCY-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘CAP operating agency’ has the meaning given the term in section 2 of the Arizona Water Settlements Act (Public Law 108-451; 118 Stat. 3478).CommentsClose CommentsPermalink





(B) ADMINISTRATION- As of the date of enactment of this Act, the ‘CAP operating agency’ is the Central Arizona Water Conservation District.CommentsClose CommentsPermalink





(13) CAP PUMPING ENERGY CHARGE- The term ‘CAP pumping energy charge’ means ‘Pumping Energy Charge’, as that term is defined in the CAP repayment stipulation.CommentsClose CommentsPermalink





(14) CAP REPAYMENT CONTRACT- The term ‘CAP repayment contract’ has the meaning given the term in section 2 of the Arizona Water Settlements Act (Public Law 108-451; 118 Stat. 3478).CommentsClose CommentsPermalink





(15) CAP REPAYMENT STIPULATION- The term ‘CAP repayment stipulation’ means the Stipulated Judgment and the Stipulation for Judgment (including exhibits), entered on November 21, 2007, in the case styled Central Arizona Water Conservation District v. United States, et al., No. CIV 95-625-TUC-WDB (EHC), No. CIV 95-1720-PHX-EHC (Consolidated Action), United States District Court for the District of Arizona (including any amendments or revisions).CommentsClose CommentsPermalink





(16) CAP SYSTEM- The term ‘CAP system’ has the meaning given the term in section 2 of the Arizona Water Settlements Act (Public Law 108-451; 118 Stat. 3478).CommentsClose CommentsPermalink





(17) CAP WATER- The term ‘CAP water’ means ‘Project Water’, as that term is defined in the CAP repayment stipulation.CommentsClose CommentsPermalink





(18) CENTRAL ARIZONA PROJECT OR CAP- The term ‘Central Arizona Project’ or ‘CAP’ means the Federal 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.).CommentsClose CommentsPermalink





(19) 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.CommentsClose CommentsPermalink





(20) 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.CommentsClose CommentsPermalink





(21) COLORADO RIVER SYSTEM- The term ‘Colorado River system’ has the meaning given the term in article II(a) of the Colorado River Compact.CommentsClose CommentsPermalink





(22) COMMISSIONER- The term ‘Commissioner’ means the Commissioner of Reclamation.CommentsClose CommentsPermalink





(23) DECREE- The term ‘decree’, when used without a modifying adjective, means--CommentsClose CommentsPermalink





(A) the decree of the Supreme Court in the case styled Arizona v. California (376 U.S. 340 (1964));CommentsClose CommentsPermalink





(B) the Consolidated Decree entered on March 27, 2006 (547 U.S. 150), in the case described in subparagraph (A); andCommentsClose CommentsPermalink





(C) any modifications to the decrees described in subparagraphs (A) and (B).CommentsClose CommentsPermalink





(24) DIVERT- The term ‘divert’ means to receive, withdraw, develop, produce, or capture groundwater, surface water, Navajo Nation CAP water, or effluent by means of a ditch, canal, flume, bypass, pipeline, pit, collection or infiltration gallery, conduit, well, pump, turnout, other mechanical device, or any other human act, including the initial impoundment of that water.CommentsClose CommentsPermalink





(25) EFFLUENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘effluent’ means water that--CommentsClose CommentsPermalink





(i) has been used in the State for domestic, municipal, or industrial purposes; andCommentsClose CommentsPermalink





(ii) is available for use for any purpose.CommentsClose CommentsPermalink





(B) EXCLUSION- The term ‘effluent’ does not include water that has been used solely for hydropower generation.CommentsClose CommentsPermalink





(26) FOURTH PRIORITY COLORADO RIVER WATER- The term ‘fourth priority Colorado River water’ means Colorado River water that is available for delivery in the State for satisfaction of entitlements--CommentsClose CommentsPermalink





(A) pursuant to contracts, Secretarial reservations, perfected rights, and other arrangements between the United States and water users in the State entered into or established subsequent to September 30, 1968, for use on Federal, State, or privately owned land in the State, in a total quantity that does not exceed 164,652 afy of diversions; andCommentsClose CommentsPermalink





(B) after first providing for the delivery of water under section 304(e) of the Colorado River Basin Project Act (43 U.S.C. 1524(e)), pursuant to the CAP repayment contract for the delivery of Colorado River water for the CAP, including use of Colorado River water on Indian land.CommentsClose CommentsPermalink





(27) GILA RIVER ADJUDICATION- The term ‘Gila River adjudication’ means the action pending in the Superior Court of the State of Arizona in and for the County of Maricopa styled 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).CommentsClose CommentsPermalink





(28) GILA RIVER ADJUDICATION COURT- The term ‘Gila River adjudication court’ means the Superior Court of the State of Arizona in and for the County of Maricopa, exercising jurisdiction over the Gila River adjudication.CommentsClose CommentsPermalink





(29) GILA RIVER ADJUDICATION DECREE- The term ‘Gila River adjudication decree’ means the judgment or decree entered by the Gila River adjudication court, which shall be in substantially the same form as the form of judgment attached to the settlement agreement as exhibit 3.1.49.CommentsClose CommentsPermalink





(30) GROUNDWATER- The term ‘groundwater’ means all water beneath the surface of the earth within the State that is not--CommentsClose CommentsPermalink





(A) surface water;CommentsClose CommentsPermalink





(B) underground water within the Upper Basin;CommentsClose CommentsPermalink





(C) Lower Colorado River water; orCommentsClose CommentsPermalink





(D) effluent.CommentsClose CommentsPermalink





(31) HOPI FEE LAND- The term ‘Hopi fee land’ means land, other than Hopi trust land, that--CommentsClose CommentsPermalink





(A) is located in the State;CommentsClose CommentsPermalink





(B) is located outside the exterior boundaries of the Hopi Reservation; andCommentsClose CommentsPermalink





(C) as of the LCR enforceability date, is owned by the Hopi Tribe, including ownership through a related entity.CommentsClose CommentsPermalink





(32) HOPI GROUNDWATER PROJECT- The term ‘Hopi Groundwater Project’ means the project carried out in accordance with section 103(b).CommentsClose CommentsPermalink





(33) HOPI GROUNDWATER PROJECT ACCOUNT- The term ‘Hopi Groundwater Project Account’ means the account created in the Treasury of the United States pursuant to section 104(c).CommentsClose CommentsPermalink





(34) HOPI LAND- The term ‘Hopi land’ means--CommentsClose CommentsPermalink





(A) the Hopi Reservation;CommentsClose CommentsPermalink





(B) Hopi trust land; andCommentsClose CommentsPermalink





(C) Hopi fee land.CommentsClose CommentsPermalink





(35) HOPI OM&R TRUST ACCOUNT- The term ‘Hopi OM&R Trust Account’ means the account created in the Treasury of the United States pursuant to section 104(d).CommentsClose CommentsPermalink





(36) HOPI RESERVATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘Hopi Reservation’ means the land within the exterior boundaries of the Hopi Reservation, including--CommentsClose CommentsPermalink





(i) all land withdrawn by the Executive Order dated December 16, 1882, and in which the Hopi Tribe is recognized as having an exclusive interest in the case styled Healing v. Jones, Case No. CIV-579 (D. Ariz. September 28, 1962), or that was partitioned to the Hopi Tribe in accordance with section 4 of the Act of December 22, 1974 (Public Law 93-531; 88 Stat. 1713), and codified in the Navajo-Hopi Land Dispute Settlement Act of 1996 (25 U.S.C. 640d note; Public Law 104-301);CommentsClose CommentsPermalink





(ii) all land partitioned to the Hopi Tribe by Judgment of Partition, dated February 10, 1977, in the case styled Sekaquaptewa v. MacDonald, Case No. CIV-579-PCT-JAW (D. Ariz.);CommentsClose CommentsPermalink





(iii) all land recognized as part of the Hopi Reservation in the 1934 Act case; andCommentsClose CommentsPermalink





(iv) all individual allotments made to members of the Hopi Tribe within the boundaries of the Hopi Reservation.CommentsClose CommentsPermalink





(B) MAP-CommentsClose CommentsPermalink





(i) IN GENERAL- The ‘Hopi Reservation’ is also depicted more particularly on the map attached to the settlement agreement as exhibit 3.1.100.CommentsClose CommentsPermalink





(ii) APPLICABILITY- In case of a conflict relating to the ‘Hopi Reservation’ as depicted on the map under clause (i) and the definition in subparagraph (A), the definition under subparagraph (A) shall control.CommentsClose CommentsPermalink





(C) EXCLUSION- The term ‘Hopi Reservation’ does not include any land held in trust by the United States for the benefit of the Navajo Nation within the exterior boundaries of the Hopi Reservation.CommentsClose CommentsPermalink





(37) HOPI TRIBE- The term ‘Hopi Tribe’ means the Hopi Tribe, a Tribe of Hopi Indians organized under section 16 of the Act of June 18, 1934 (25 U.S.C. 476) (commonly known as the ‘Indian Reorganization Act’).CommentsClose CommentsPermalink





(38) HOPI TRUST LAND- The term ‘Hopi trust land’ means land that--CommentsClose CommentsPermalink





(A) is located in the State;CommentsClose CommentsPermalink





(B) is located outside the exterior boundaries of the Hopi Reservation; andCommentsClose CommentsPermalink





(C) as of the LCR enforceability date, is held in trust by the United States for the benefit of the Hopi Tribe.CommentsClose CommentsPermalink





(39) 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. 450b).CommentsClose CommentsPermalink





(40) INJURY TO QUALITY OF LOWER COLORADO RIVER WATER- The term ‘injury to quality of Lower Colorado River water’ means--CommentsClose CommentsPermalink





(A) any diminution or degradation of the quality of Lower Colorado River water due to a change in the salinity or concentration of naturally occurring chemical constituents of Lower Colorado River water; andCommentsClose CommentsPermalink





(B) any effect of a change described in subparagraph (A) if the change and effect of the change are due to the withdrawal, diversion, or use of Lower Colorado River water.CommentsClose CommentsPermalink





(41) INJURY TO RIGHTS TO LOWER COLORADO RIVER WATER- The term ‘injury to rights to Lower Colorado River water’ means any interference with, diminution of, or deprivation of the right of any entity to Lower Colorado River water under applicable law.CommentsClose CommentsPermalink





(42) INJURY TO WATER QUALITY- The term ‘injury to water quality’ means--CommentsClose CommentsPermalink





(A) any diminution or degradation of the quality of water due to a change in the salinity or concentration of naturally occurring chemical constituents of water; andCommentsClose CommentsPermalink





(B) any effect of a change described in subparagraph (A) if the change and effect of the change are due to the withdrawal, diversion, or use of water.CommentsClose CommentsPermalink





(43) INJURY TO WATER RIGHTS- The term ‘injury to water rights’ means an interference with, diminution of, or deprivation of, water rights under applicable law.CommentsClose CommentsPermalink





(44) LCR- The term ‘LCR’ means the Little Colorado River, a tributary of the Colorado River in Arizona.CommentsClose CommentsPermalink





(45) LCR ADJUDICATION- The term ‘LCR adjudication’ means the action pending in the Superior Court of the State of Arizona in and for the County of Apache styled In Re the General Adjudication of All Rights To Use Water In The Little Colorado River System and Source, CIV No. 6417.CommentsClose CommentsPermalink





(46) LCR ADJUDICATION COURT- The term ‘LCR adjudication court’ means the Superior Court of the State of Arizona in and for the County of Apache, exercising jurisdiction over the LCR adjudication.CommentsClose CommentsPermalink





(47) LCR DECREE- The term ‘LCR decree’ means the judgment and decree entered by the LCR adjudication court, which shall be in substantially the same form as the form of judgment attached to the settlement agreement as exhibit 3.1.70.CommentsClose CommentsPermalink





(48) LCR ENFORCEABILITY DATE- The term ‘LCR enforceability date’ means the date on which the Secretary publishes in the Federal Register the statement of findings described in section 108(a).CommentsClose CommentsPermalink





(49) LCR WATERSHED- The term ‘LCR watershed’ means all land located within the surface water drainage of the LCR and the tributaries of the LCR in the State.CommentsClose CommentsPermalink





(50) LEE FERRY- The term ‘Lee Ferry’ has the meaning given the term in article II(e) of the Colorado River Compact.CommentsClose CommentsPermalink





(51) LOWER BASIN- The term ‘lower basin’ has the meaning given the term in article II(g) of the Colorado River Compact.CommentsClose CommentsPermalink





(52) LOWER COLORADO RIVER- The term ‘Lower Colorado River’ means the portion of the Colorado River that is in the United States and downstream from Lee Ferry, including any reservoirs on that portion of the Colorado River.CommentsClose CommentsPermalink





(53) LOWER COLORADO RIVER BASIN DEVELOPMENT FUND- The term ‘Lower Colorado River Basin Development Fund’ means the fund established by section 403 of the Colorado River Basin Project Act (43 U.S.C. 1543).CommentsClose CommentsPermalink





(54) LOWER COLORADO RIVER WATER-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘Lower Colorado River water’ means the waters of the Lower Colorado River, including--CommentsClose CommentsPermalink





(i) the waters of the reservoirs on the Lower Colorado River;CommentsClose CommentsPermalink





(ii) the waters of the tributaries to the Lower Colorado River, other than--CommentsClose CommentsPermalink





(I) tributaries located within the State;CommentsClose CommentsPermalink





(II) tributaries located within the Western Navajo Colorado River Basin; orCommentsClose CommentsPermalink





(III) tributaries of the LCR in the State of New Mexico;CommentsClose CommentsPermalink





(iii) all underground water that is hydraulically connected to the Lower Colorado River; andCommentsClose CommentsPermalink





(iv) all underground water that is hydraulically connected to tributaries to the Lower Colorado River, other than--CommentsClose CommentsPermalink





(I) tributaries located within the State;CommentsClose CommentsPermalink





(II) tributaries located within the Western Navajo Colorado River Basin; orCommentsClose CommentsPermalink





(III) tributaries of the LCR in the State of New Mexico.CommentsClose CommentsPermalink





(B) APPLICABILITY- The definition of the term ‘Lower Colorado River water’ in subparagraph (A) and any definition of the term included in the settlement agreement--CommentsClose CommentsPermalink





(i) shall apply only to this Act and the settlement agreement, as applicable; andCommentsClose CommentsPermalink





(ii) shall not be used in any interpretation of--CommentsClose CommentsPermalink





(I) the Colorado River Compact;CommentsClose CommentsPermalink





(II) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);CommentsClose CommentsPermalink





(III) the Colorado River Basin Project Act (43 U.S.C. 1501 et seq.); orCommentsClose CommentsPermalink





(IV) any contract or agreement entered into pursuant to the documents described in subclauses (I) through (III).CommentsClose CommentsPermalink





(55) NAVAJO FEE LAND- The term ‘Navajo fee land’ means land, other than Navajo trust land, that--CommentsClose CommentsPermalink





(A) is located in the State;CommentsClose CommentsPermalink





(B) is located outside the exterior boundaries of the Navajo Reservation; andCommentsClose CommentsPermalink





(C) as of the LCR enforceability date, is owned by the Navajo Nation, including through a related entity.CommentsClose CommentsPermalink





(56) NAVAJO-GALLUP WATER SUPPLY PROJECT- The term ‘Navajo-Gallup water supply project’ means the project authorized, constructed, and operated pursuant to the Northwestern New Mexico Rural Water Projects Act (Public Law 111-11; 123 Stat. 1368).CommentsClose CommentsPermalink





(57) NAVAJO GENERATING STATION- The term ‘Navajo generating station’ means the Navajo generating station, a steam electric generating station located on the Navajo Reservation near Page, Arizona, and consisting of Units 1, 2, and 3, the switchyard facilities, and all facilities and structures used or related to the Navajo generating station.CommentsClose CommentsPermalink





(58) NAVAJO GROUNDWATER PROJECTS- The term ‘Navajo Groundwater Projects’ means the projects carried out in accordance with section 103(a).CommentsClose CommentsPermalink





(59) NAVAJO GROUNDWATER PROJECTS ACCOUNT- The term ‘Navajo Groundwater Projects Account’ means the account created in the Treasury of the United States pursuant to section 104(a).CommentsClose CommentsPermalink





(60) NAVAJO LAND- The term ‘Navajo land’ means--CommentsClose CommentsPermalink





(A) the Navajo Reservation;CommentsClose CommentsPermalink





(B) Navajo trust land; andCommentsClose CommentsPermalink





(C) Navajo fee land.CommentsClose CommentsPermalink





(61) NAVAJO NATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘Navajo Nation’ means the Navajo Nation, a body politic and federally recognized Indian nation, as provided in the notice of the Department of the Interior entitled ‘Indian Entities Recognized and Eligible To Receive Services From The United States Bureau of Indian Affairs’ (75 Fed. Reg. 60810 (October 1, 2010)) published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).CommentsClose CommentsPermalink





(B) INCLUSIONS-CommentsClose CommentsPermalink





(i) IN GENERAL- The term ‘Navajo Nation’ includes--CommentsClose CommentsPermalink





(I) the Navajo Tribe;CommentsClose CommentsPermalink





(II) the Navajo Tribe of Arizona, New Mexico & Utah;CommentsClose CommentsPermalink





(III) the Navajo Tribe of Indians; andCommentsClose CommentsPermalink





(IV) other similar names.CommentsClose CommentsPermalink





(ii) BANDS AND CHAPTERS- The term ‘Navajo Nation’ includes all bands of Navajo Indians and chapters of the Navajo Nation.CommentsClose CommentsPermalink





(62) NAVAJO NATION CAP WATER- The term ‘Navajo Nation CAP water’ means the 6,411 afy of the CAP NIA priority water retained by the Secretary pursuant to section 104(a)(1)(B)(ii) of the Arizona Water Settlements Act of 2004 (Public Law 108-451; 118 Stat. 3487) and reallocated to the Navajo Nation pursuant to section 202(a) of this Act.CommentsClose CommentsPermalink





(63) NAVAJO NATION WATER DELIVERY CONTRACT- The term ‘Navajo Nation water delivery contract’ means the contract entered into pursuant to the settlement agreement and section 202(c) of this Act for the delivery of Navajo Nation CAP water.CommentsClose CommentsPermalink





(64) NAVAJO OM&R TRUST ACCOUNT- The term ‘Navajo OM&R Trust Account’ means the account created in the Treasury of the United States pursuant to section 104(b).CommentsClose CommentsPermalink





(65) NAVAJO PROJECT LEASE- The term ‘Navajo Project lease’ means the Indenture of Lease made and entered into on September 29, 1969, between--CommentsClose CommentsPermalink





(A) the Navajo Nation, as lessor; andCommentsClose CommentsPermalink





(B) lessees--CommentsClose CommentsPermalink





(i) the Arizona Public Service Company (including any successor or assignee);CommentsClose CommentsPermalink





(ii) the Department of Water and Power of the City of Los Angeles (including any successor or assignee);CommentsClose CommentsPermalink





(iii) the Nevada Power Company (including any successor or assignee);CommentsClose CommentsPermalink





(iv) the Salt River Project Agricultural Improvement and Power District (including any successor or assignee); andCommentsClose CommentsPermalink





(v) the Tucson Gas & Electric Company (including any successor or assignee).CommentsClose CommentsPermalink





(66) NAVAJO PROJECT LESSEES- The term ‘Navajo Project lessees’ means the lessees described in paragraph (65)(B).CommentsClose CommentsPermalink





(67) NAVAJO RESERVATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘Navajo Reservation’ means land that is within the exterior boundaries of the Navajo Reservation in the State, as defined by the Act of June 14, 1934 (48 Stat. 960, chapter 521), including--CommentsClose CommentsPermalink





(i) all land--CommentsClose CommentsPermalink





(I) withdrawn by the Executive Order dated December 16, 1882, and partitioned to the Navajo Nation in accordance with the Act of December 22, 1974 (Public Law 93-531; 88 Stat. 1713), and codified in the Navajo-Hopi Land Dispute Settlement Act of 1996 (25 U.S.C. 640d note; Public Law 104-301); andCommentsClose CommentsPermalink





(II) partitioned to the Navajo Nation by Judgment of Partition, dated February 10, 1977, in the case styled Sekaquaptewa v. MacDonald, Case No. CIV-579-PCT-JAW (D. Ariz.); andCommentsClose CommentsPermalink





(ii) all land taken into trust as a part of the Navajo Reservation pursuant to section 11 of the Act of December 22, 1974 (25 U.S.C. 640d-10) and codified in the Navajo-Hopi Land Dispute Settlement Act of 1996 (25 U.S.C. 640d note; Public Law 104-301).CommentsClose CommentsPermalink





(B) MAP-CommentsClose CommentsPermalink





(i) IN GENERAL- The ‘Navajo Reservation’ is also depicted more particularly on the map attached to the settlement agreement as exhibit 3.1.100.CommentsClose CommentsPermalink





(ii) APPLICABILITY- In case of a conflict relating to the ‘Navajo Reservation’ as depicted on the map under clause (i) and the definition in subparagraph (A), the map under clause (i) shall control.CommentsClose CommentsPermalink





(C) EXCLUSION- Except as provided in paragraph (36)(C), the term ‘Navajo Reservation’ does not include any land within the boundaries of the Hopi Reservation.CommentsClose CommentsPermalink





(68) NAVAJO TRUST LAND- The term ‘Navajo trust land’ means land that--CommentsClose CommentsPermalink





(A) is located in the State;CommentsClose CommentsPermalink





(B) is located outside the exterior boundaries of the Navajo Reservation; andCommentsClose CommentsPermalink





(C) as of the LCR enforceability date, is held in trust by the United States for the benefit of the Navajo Nation.CommentsClose CommentsPermalink





(69) NORVIEL DECREE- The term ‘Norviel Decree’ means the final decree of the State of Arizona Superior Court in and for the County of Apache in the case styled The St. John’s Irrigation Company and the Meadows Reservoir Irrigation Company, et al. v. Round Valley Water Storage & Ditch Company, Eagar Irrigation Company, Springerville Water Right and Ditch Company, et al., Case No. 569 (Apr. 29, 1918), including any modifications to the final decree.CommentsClose CommentsPermalink





(70) OM&R- The term ‘OM&R’ means operation, maintenance, and replacement.CommentsClose CommentsPermalink





(71) PARTY- The term ‘party’ means a person who is a signatory to the settlement agreement.CommentsClose CommentsPermalink





(72) PEABODY- The term ‘Peabody’ means the Peabody Western Coal Company, including any affiliate or successor of the Peabody Western Coal Company.CommentsClose CommentsPermalink





(73) PERSON-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘person’ means--CommentsClose CommentsPermalink





(i) an individual;CommentsClose CommentsPermalink





(ii) a public or private corporation;CommentsClose CommentsPermalink





(iii) a company;CommentsClose CommentsPermalink





(iv) a partnership;CommentsClose CommentsPermalink





(v) a joint venture;CommentsClose CommentsPermalink





(vi) a firm;CommentsClose CommentsPermalink





(vii) an association;CommentsClose CommentsPermalink





(viii) a society;CommentsClose CommentsPermalink





(ix) an estate or trust;CommentsClose CommentsPermalink





(x) a private organization or enterprise;CommentsClose CommentsPermalink





(xi) the United States;CommentsClose CommentsPermalink





(xii) an Indian tribe;CommentsClose CommentsPermalink





(xiii) a State, territory, or country;CommentsClose CommentsPermalink





(xiv) a governmental entity; andCommentsClose CommentsPermalink





(xv) a political subdivision or municipal corporation organized under or subject to the constitution and laws of the State.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘person’ includes an officer, director, agent, insurer, representative, employee, attorney, assign, subsidiary, affiliate, enterprise, legal representative, any predecessor and successor in interest and any heir of a predecessor and successor in interest of a person.CommentsClose CommentsPermalink





(74) PRECONSTRUCTION ACTIVITY-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘preconstruction activity’ means the work associated with the preplanning, planning, and design phases of construction, as those terms are defined in paragraphs (1) through (3) of section 900.112(a) of title 25, Code of Federal Regulations (or successor regulation).CommentsClose CommentsPermalink





(B) INCLUSION- The term ‘preconstruction activity’ includes activities described in section 900.112(b) of title 25, Code of Federal Regulations (or successor regulation).CommentsClose CommentsPermalink





(75) RAILROAD GRANTED LAND- The term ‘Railroad granted land’ means the land granted (including Federal rights-of-way and easements) to Navajo Project lessees in accordance with sections 1.16 and 2 of the grant issued by the Secretary and dated January 19, 1971.CommentsClose CommentsPermalink





(76) RIGHTS TO LOWER COLORADO RIVER WATER- The term ‘rights to Lower Colorado River water’ means any and all rights in or to Lower Colorado River water under applicable law.CommentsClose CommentsPermalink





(77) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior (or the designee of the Secretary).CommentsClose CommentsPermalink





(78) SETTLEMENT AGREEMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘settlement agreement’ means the 2012 agreement, including exhibits, entitled the ‘Navajo-Hopi Little Colorado River Water Rights Settlement Agreement’.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘settlement agreement’ includes--CommentsClose CommentsPermalink





(i) any amendments necessary to make the settlement agreement consistent with this Act; andCommentsClose CommentsPermalink





(ii) any other amendments approved by the parties to the settlement agreement and the Secretary.CommentsClose CommentsPermalink





(79) STATE- The term ‘State’ means the State of Arizona.CommentsClose CommentsPermalink





(80) STATE IMPLEMENTING LAW- The term ‘State implementing law’ means a law enacted by the State that includes terms that are substantially similar to the terms of the settlement agreement and attached to the settlement agreement as exhibit 3.1.128.CommentsClose CommentsPermalink





(81) SURFACE WATER-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘surface water’ means all water in the State that is appropriable under State law.CommentsClose CommentsPermalink





(B) EXCLUSIONS- The term ‘surface water’ does not include--CommentsClose CommentsPermalink





(i) appropriable water that is located within the upper basin; orCommentsClose CommentsPermalink





(ii) Lower Colorado River water.CommentsClose CommentsPermalink





(82) UNDERGROUND WATER-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘underground water’ means all water beneath the surface of the earth within the boundaries of the State, regardless of the legal characterization of that water as appropriable or nonappropriable under applicable law.CommentsClose CommentsPermalink





(B) EXCLUSION- The term ‘underground water’ does not include effluent.CommentsClose CommentsPermalink





(83) UPPER BASIN- The term ‘upper basin’ has the meaning given the term in article II(f) of the Colorado River Compact.CommentsClose CommentsPermalink





(84) UPPER BASIN COMPACT- The term ‘Upper Basin Compact’ means the Upper Colorado River Basin Compact of 1948, as ratified and reprinted in article 3 of chapter 7 of title 45, Arizona Revised Statutes.CommentsClose CommentsPermalink





(85) UPPER BASIN WATER- The term ‘upper basin water’ means the waters of the upper basin.CommentsClose CommentsPermalink





(86) WATER- The term ‘water’, when used without a modifying adjective, means--CommentsClose CommentsPermalink





(A) groundwater;CommentsClose CommentsPermalink





(B) surface water; andCommentsClose CommentsPermalink





(C) effluent.CommentsClose CommentsPermalink





(87) WATER RIGHT- The term ‘water right’ means any right in or to water under Federal, State, or law.CommentsClose CommentsPermalink





(88) WESTERN NAVAJO COLORADO RIVER BASIN- The term ‘Western Navajo Colorado River Basin’ means the portions of the Navajo Reservation that are located in the lower basin and outside of the LCR watershed.CommentsClose CommentsPermalink





(89) WINDOW ROCK- The term ‘Window Rock’ means the geographical area in the State to be served by the Navajo-Gallup water supply project, which shall include Window Rock, Arizona.CommentsClose CommentsPermalink

TITLE I--NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT AGREEMENTCommentsClose CommentsPermalink

SEC. 101. RATIFICATION AND EXECUTION OF THE NAVAJO-HOPI LITTLE COLORADO RIVER WATER RIGHTS SETTLEMENT AGREEMENT.

(a) In General- Except to the extent that any provision of the settlement agreement conflicts with this Act, the settlement agreement is authorized, ratified, and confirmed.CommentsClose CommentsPermalink





(b) Amendments to Settlement Agreement- If an amendment to the settlement agreement is executed to make the settlement agreement consistent with this Act, the amendment is authorized, ratified, and confirmed.CommentsClose CommentsPermalink





(c) Execution of Settlement Agreement- To the extent the settlement agreement does not conflict with this Act, the Secretary shall promptly execute--CommentsClose CommentsPermalink





(1) the settlement agreement, including all exhibits to the settlement agreement requiring the signature of the Secretary; andCommentsClose CommentsPermalink





(2) any amendments to the settlement agreement, including any amendment to any exhibit to the settlement agreement requiring the signature of the Secretary, necessary to make the settlement agreement consistent with this Act.CommentsClose CommentsPermalink





(d) Discretion of the Secretary- The Secretary may execute any other amendment to the settlement agreement, including any amendment to any exhibit to the settlement agreement requiring the signature of the Secretary, that is not inconsistent with this Act if the amendment does not require congressional approval pursuant to the Trade and Intercourse Act (25 U.S.C. 177) or other applicable Federal law (including regulations).CommentsClose CommentsPermalink

SEC. 102. WATER RIGHTS.

(a) Water Rights To Be Held in Trust-CommentsClose CommentsPermalink





(1) NAVAJO NATION WATER RIGHTS- All water rights of the Navajo Nation for the Navajo Reservation and land held in trust by the United States for the Navajo Nation and allottees of the Navajo Nation and all Navajo Nation CAP water shall be held in trust by the United States for the benefit of the Navajo Nation and allottees of the Navajo Nation, respectively.CommentsClose CommentsPermalink





(2) HOPI TRIBE WATER RIGHTS- All water rights of the Hopi Tribe for the Hopi Reservation and land held in trust by the United States for the Hopi Tribe and allottees of the Hopi Tribe shall be held in trust by the United States for the benefit of the Hopi Tribe and allottees of the Hopi Tribe, respectively.CommentsClose CommentsPermalink





(b) Forfeiture and Abandonment- Any water right held in trust by the United States under subsection (a) shall not be subject to loss by nonuse, forfeiture, abandonment, or any other provision of law.CommentsClose CommentsPermalink





(c) Use of Water Diverted From LCR Watershed-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provision of law, the Navajo Nation may--CommentsClose CommentsPermalink





(A) divert surface water or groundwater described in paragraph 4.0 of the settlement agreement; andCommentsClose CommentsPermalink





(B) subject to the condition that the water remain on the Navajo Reservation, move any water diverted under subparagraph (A) out of the LCR watershed for use by the Navajo Nation.CommentsClose CommentsPermalink





(2) EFFECT OF DIVERSION- Any water diverted and moved out of the LCR watershed pursuant to paragraph (1)--CommentsClose CommentsPermalink





(A) shall be considered to be a part of the LCR; andCommentsClose CommentsPermalink





(B) shall not be considered to be part of, or charged against, the consumptive use apportionment made--CommentsClose CommentsPermalink





(i) to the State by article III(a)(1) of the Upper Basin Compact; orCommentsClose CommentsPermalink





(ii) to the upper basin by article III(a) of the Colorado River Compact.CommentsClose CommentsPermalink





(d) Water Rights of Allottees-CommentsClose CommentsPermalink





(1) NAVAJO RESERVATION ALLOTMENTS-CommentsClose CommentsPermalink





(A) IN GENERAL- The right of an allottee (and of the United States acting as trustee for an allottee), to use water on an allotment located on the Navajo Reservation shall be--CommentsClose CommentsPermalink





(i) satisfied solely from the water secured to the Navajo Nation (and to the United States acting as trustee for the Navajo Nation) by the LCR decree; andCommentsClose CommentsPermalink





(ii) subject to the terms of the LCR decree.CommentsClose CommentsPermalink





(B) ADMINISTRATION- A right under subparagraph (A) shall be enforceable only pursuant to the Navajo Nation water code, which shall provide allottees a process to enforce such rights against the Navajo Nation.CommentsClose CommentsPermalink





(2) HOPI RESERVATION ALLOTMENTS-CommentsClose CommentsPermalink





(A) IN GENERAL- The right of an allottee (and of the United States acting as trustee for an allottee), to use water on an allotment located on the Hopi Reservation shall be--CommentsClose CommentsPermalink





(i) satisfied solely from the water secured to the Hopi Tribe (and to the United States acting as trustee for the Hopi Tribe) by the LCR decree; andCommentsClose CommentsPermalink





(ii) subject to the terms of the LCR decree.CommentsClose CommentsPermalink





(B) ADMINISTRATION- A right under subparagraph (A) shall be enforceable only pursuant to the Hopi Tribe water code, which shall provide allottees a process to enforce such rights against the Hopi Tribe.CommentsClose CommentsPermalink





(3) OFF-RESERVATION ALLOTMENTS- The right of an allottee (and of the United States acting as trustee for an allottee), to use water on an allotment located off the Navajo and Hopi Reservations shall be as described in the abstracts attached to the settlement agreement as exhibit 4.7.3.CommentsClose CommentsPermalink

SEC. 103. AUTHORIZATION FOR CONSTRUCTION OF MUNICIPAL, DOMESTIC, COMMERCIAL, AND INDUSTRIAL WATER PROJECTS.

(a) Navajo Groundwater Projects-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to the availability of appropriations, the Secretary, acting through the Commissioner, shall plan, design, and construct the water diversion and delivery features of the Navajo Groundwater Projects.CommentsClose CommentsPermalink





(2) LEAD AGENCY- The Bureau of Reclamation shall serve as the lead agency for any activity relating to the planning, design, and construction of the water diversion and delivery features of the Navajo Groundwater Projects.CommentsClose CommentsPermalink





(3) SCOPE-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), the scope of the planning, design, and construction activities for the Navajo Groundwater Projects shall be as generally described in the documents prepared by Brown & Caldwell entitled--CommentsClose CommentsPermalink





(i) ‘Final Summary Report Leupp, Birdsprings, and Tolani Lake Water Distribution System Analysis (May 2008)’;CommentsClose CommentsPermalink





(ii) ‘Final Summary Report Dilkon and Teestoh Water Distribution System Analysis (May 2008)’;CommentsClose CommentsPermalink





(iii) ‘Raw Water Transmission Pipeline Alignment Alternative Evaluation Final Report (May 2008)’; andCommentsClose CommentsPermalink





(iv) ‘Ganado C-Aquifer Project Report (October 2008)’.CommentsClose CommentsPermalink





(B) REVIEW-CommentsClose CommentsPermalink





(i) IN GENERAL- Before beginning construction activities for the Navajo Groundwater Projects, the Secretary shall--CommentsClose CommentsPermalink





(I) review the proposed designs of the Navajo Groundwater Projects; andCommentsClose CommentsPermalink





(II) carry out value engineering analyses of the proposed designs.CommentsClose CommentsPermalink





(ii) NEGOTIATIONS WITH THE NAVAJO NATION- As necessary, the Secretary shall periodically negotiate and reach agreement with the Navajo Nation regarding any change to the proposed designs of the Navajo Groundwater Projects if, on the basis of the review under clause (i), the Secretary determines that a change is necessary--CommentsClose CommentsPermalink





(I) to meet applicable industry standards;CommentsClose CommentsPermalink





(II) to ensure the Navajo Groundwater Projects will be constructed for not more than the amount set forth in paragraph (4); andCommentsClose CommentsPermalink





(III) to improve the cost-effectiveness of the delivery of water.CommentsClose CommentsPermalink





(4) FUNDING-CommentsClose CommentsPermalink





(A) IN GENERAL- The total amount of obligations incurred by the Secretary in carrying out this subsection shall not exceed $199,000,000, except that the total amount of obligations shall be increased or decreased, as appropriate, based on ordinary fluctuations from May 1, 2011, in construction cost indices applicable to the types of construction involved in the planning, design, and construction of the Navajo Groundwater Projects.CommentsClose CommentsPermalink





(B) NO REIMBURSEMENT- The Secretary shall not be reimbursed by any entity, including the Navajo Nation, for any amounts expended by the Secretary in carrying out this subsection.CommentsClose CommentsPermalink





(C) PROJECT EFFICIENCIES- If the total cost of planning, design, and construction activities of the Navajo Groundwater Projects results in cost savings and is less than the amounts authorized to be obligated under this paragraph, the Secretary, at the request of the Navajo Nation, may--CommentsClose CommentsPermalink





(i) use those cost savings to carry out capital improvement projects associated with the Navajo Groundwater Projects; orCommentsClose CommentsPermalink





(ii) transfer those cost savings to the Navajo OM&R Trust Account.CommentsClose CommentsPermalink





(5) APPLICABILITY OF THE ISDEAA-CommentsClose CommentsPermalink





(A) IN GENERAL- At the request of the Navajo Nation and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Secretary shall enter into 1 or more agreements with the Navajo Nation to carry out this subsection.CommentsClose CommentsPermalink





(B) ADMINISTRATION- The Commissioner and the Navajo Nation shall negotiate the cost of any oversight activity carried out by the Bureau of Reclamation for an agreement entered into under subparagraph (A), subject to the condition that the total cost for the oversight shall not exceed 4.0 percent of the total costs of the Navajo Groundwater Projects.CommentsClose CommentsPermalink





(6) TITLE TO NAVAJO GROUNDWATER PROJECTS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall convey to the Navajo Nation title to each of the Navajo Groundwater Projects on the date on which the Secretary issues a notice of substantial completion that--CommentsClose CommentsPermalink





(i) the infrastructure constructed is capable of storing, diverting, treating, transmitting, and distributing a supply of water as generally set forth in the final project design described in paragraph (3); andCommentsClose CommentsPermalink





(ii) the Secretary has consulted with the Navajo Nation regarding the proposed finding that the respective Navajo Groundwater Project is substantially complete.CommentsClose CommentsPermalink





(B) LIMITATION ON LIABILITY- Effective beginning on the date on which the Secretary transfers to the Navajo Nation title to the Leupp-Dilkon Groundwater Project or the Ganado Groundwater Project under subparagraph (A), the United States shall not be held liable by any court for damages arising out of any act, omission, or occurrence relating to the facilities transferred, other than damages caused by an intentional act or an act of negligence committed by the United States, or by employees or agents of the United States, prior to the date on which the Secretary transfers title to the Leupp-Dilkon Groundwater Project or the Ganado Groundwater Project to the Navajo Nation.CommentsClose CommentsPermalink





(C) OM&R OBLIGATION OF THE UNITED STATES AFTER CONVEYANCE- The United States shall have no obligation to pay for the OM&R costs of the Navajo Groundwater Projects beginning on the date on which--CommentsClose CommentsPermalink





(i) title to the Navajo Groundwater Projects is transferred to the Navajo Nation; andCommentsClose CommentsPermalink





(ii) the amounts required to be deposited in the Navajo OM&R Trust Account pursuant to section 104(b) have been deposited in that account.CommentsClose CommentsPermalink





(7) TECHNICAL ASSISTANCE- Subject to the availability of appropriations, the Secretary shall provide technical assistance, including operation and management training, to the Navajo Nation to prepare the Navajo Nation for the operation of the Navajo Groundwater Projects.CommentsClose CommentsPermalink





(8) PROJECT MANAGEMENT COMMITTEE- The Secretary shall facilitate the formation of a project management committee composed of representatives from the Bureau of Reclamation, the Bureau of Indian Affairs, and the Navajo Nation--CommentsClose CommentsPermalink





(A) to review cost factors and budgets for construction, operation, and maintenance activities for the Navajo Groundwater Projects;CommentsClose CommentsPermalink





(B) to improve management of inherently governmental functions through enhanced communication; andCommentsClose CommentsPermalink





(C) to seek additional ways to reduce overall costs for the Navajo Groundwater Projects.CommentsClose CommentsPermalink





(9) AUTHORIZATION TO CONSTRUCT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary is authorized to construct the Navajo Groundwater Projects beginning on the day after the date on which the Secretary publishes in the Federal Register the statement of findings under section 108(a).CommentsClose CommentsPermalink





(B) PRECONSTRUCTION ACTIVITIES- Notwithstanding subparagraph (A), the Secretary is authorized to use amounts appropriated to the Navajo Groundwater Projects Account pursuant to section 104(a) to carry out prior to the LCR enforceability date preconstruction activities for the Navajo Groundwater Projects.CommentsClose CommentsPermalink





(b) Hopi Groundwater Project-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to the availability of appropriations, the Secretary, acting through the Commissioner, shall plan, design, and construct the water diversion and delivery features of the Hopi Groundwater Project.CommentsClose CommentsPermalink





(2) LEAD AGENCY- The Bureau of Reclamation shall serve as the lead agency for any activity relating to the planning, design, and construction of the water diversion and delivery features of the Hopi Groundwater Project.CommentsClose CommentsPermalink





(3) SCOPE-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), the scope of the planning, design, and construction activities for the Hopi Groundwater Project shall be as generally described in the document entitled ‘Hopi Tribe 2012 Little Colorado River Adjudication Settlement Domestic, Commercial, Municipal and Industrial Water System Memorandum (February 2012)’ by Dowl HKM.CommentsClose CommentsPermalink





(B) REVIEW-CommentsClose CommentsPermalink





(i) IN GENERAL- Before beginning construction activities, the Secretary shall--CommentsClose CommentsPermalink





(I) review the proposed design of the Hopi Groundwater Project; andCommentsClose CommentsPermalink





(II) carry out value engineering analyses of the proposed design.CommentsClose CommentsPermalink





(ii) NEGOTIATIONS WITH THE HOPI TRIBE- As necessary, the Secretary shall periodically negotiate and reach agreement with the Hopi Tribe regarding any change to the proposed design of the Hopi Groundwater Project if, on the basis of the review under clause (i), the Secretary determines that a change is necessary--CommentsClose CommentsPermalink





(I) to meet applicable industry standards;CommentsClose CommentsPermalink





(II) to ensure that the Hopi Groundwater Project will be constructed for not more than the amount set forth in paragraph (4); andCommentsClose CommentsPermalink





(III) to improve the cost-effectiveness of the delivery of water.CommentsClose CommentsPermalink





(4) FUNDING-CommentsClose CommentsPermalink





(A) IN GENERAL- The total amount of obligations incurred by the Secretary in carrying out this subsection shall not exceed $113,000,000, except that the total amount of obligations shall be increased or decreased, as appropriate, based on ordinary fluctuations from May 1, 2011, in construction cost indices applicable to the types of construction involved in the planning, design, and construction of the Hopi Groundwater Project.CommentsClose CommentsPermalink





(B) NO REIMBURSEMENT- The Secretary shall not be reimbursed by any entity, including the Hopi Tribe, for any amounts expended by the Secretary in carrying out this subsection.CommentsClose CommentsPermalink





(C) PROJECT EFFICIENCIES- If the total cost of planning, design, and construction activities of the Hopi Groundwater Project results in cost savings and is less than the amounts authorized to be obligated under this paragraph, the Secretary, at the request of the Hopi Tribe, may--CommentsClose CommentsPermalink





(i) use those cost savings to carry out capital improvement projects associated with the Hopi Groundwater Project; orCommentsClose CommentsPermalink





(ii) transfer those cost savings to the Hopi OM&R Trust Account.CommentsClose CommentsPermalink





(5) APPLICABILITY OF THE ISDEAA-CommentsClose CommentsPermalink





(A) IN GENERAL- At the request of the Hopi Tribe and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Secretary shall enter into 1 or more agreements with the Hopi Tribe to carry out this subsection.CommentsClose CommentsPermalink





(B) ADMINISTRATION- The Commissioner and the Hopi Tribe shall negotiate the cost of any oversight activity carried out by the Bureau of Reclamation for an agreement entered into under subparagraph (A), subject to the condition that the total cost for the oversight shall not exceed 4.0 percent of the total costs of the Hopi Groundwater Project.CommentsClose CommentsPermalink





(6) TITLE TO HOPI GROUNDWATER PROJECT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall convey to the Hopi Tribe title to the Hopi Groundwater Project on the date on which the Secretary issues a notice of substantial completion that--CommentsClose CommentsPermalink





(i) the infrastructure constructed is capable of storing, diverting, treating, transmitting, and distributing a supply of water as generally set forth in the final project design described in paragraph (3); andCommentsClose CommentsPermalink





(ii) the Secretary has consulted with the Hopi Tribe regarding the proposed finding that the Hopi Groundwater Project is substantially complete.CommentsClose CommentsPermalink





(B) LIMITATION ON LIABILITY- Effective beginning on the date on which the Secretary transfers to the Hopi Tribe title to the Hopi Groundwater Project under subparagraph (A), the United States shall not be held liable by any court for damages arising out of any act, omission, or occurrence relating to the facilities transferred, other than damages caused by an intentional act or an act of negligence committed by the United States, or by employees or agents of the United States, prior to the date on which the Secretary transfers title to the Hopi Groundwater Project to the Hopi Tribe.CommentsClose CommentsPermalink





(C) OM&R OBLIGATION OF THE UNITED STATES AFTER CONVEYANCE- The United States shall have no obligation to pay for the OM&R costs of the Hopi Groundwater Project beginning on the date on which--CommentsClose CommentsPermalink





(i) title to the Hopi Groundwater Project is transferred to the Hopi Tribe; andCommentsClose CommentsPermalink





(ii) the amounts required to be deposited in the Hopi OM&R Trust Account pursuant to section 104(d) have been deposited in that account.CommentsClose CommentsPermalink





(7) TECHNICAL ASSISTANCE- Subject to the availability of appropriations, the Secretary shall provide technical assistance, including operation and management training, to the Hopi Tribe to prepare the Hopi Tribe for the operation of the Hopi Groundwater Project.CommentsClose CommentsPermalink





(8) PROJECT MANAGEMENT COMMITTEE- The Secretary shall facilitate the formation of a project management committee composed of representatives from the Bureau of Reclamation, the Bureau of Indian Affairs, and the Hopi Tribe--CommentsClose CommentsPermalink





(A) to review cost factors and budgets for construction, operation, and maintenance activities for the Hopi Groundwater Project;CommentsClose CommentsPermalink





(B) to improve management of inherently governmental activities through enhanced communication; andCommentsClose CommentsPermalink





(C) to seek additional ways to reduce overall costs for the Hopi Groundwater Project.CommentsClose CommentsPermalink





(9) AUTHORIZATION TO CONSTRUCT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary is authorized to construct the Hopi Groundwater Project beginning on the day after the date on which the Secretary publishes in the Federal Register the statement of findings under section 108(a).CommentsClose CommentsPermalink





(B) PRECONSTRUCTION ACTIVITIES- Notwithstanding subparagraph (A), the Secretary is authorized to use amounts appropriated to the Hopi Groundwater Project Account pursuant to section 104(c) to carry out prior to the LCR enforceability date preconstruction activities for the Hopi Groundwater Project.CommentsClose CommentsPermalink





(c) N-Aquifer Management Plan-CommentsClose CommentsPermalink





(1) IN GENERAL- Prior to the LCR enforceability date, the Secretary, acting through the Director of the United States Geological Survey and in consultation with the Navajo Nation and the Hopi Tribe, is authorized to use amounts appropriated to the N-Aquifer Account pursuant to section 104(e) to conduct modeling and monitoring activities of the N-Aquifer as provided for in paragraph 6.2 of the settlement agreement.CommentsClose CommentsPermalink





(2) CONTINUING ASSISTANCE- After the LCR enforceability date, the Secretary, in consultation with the Navajo Nation and the Hopi Tribe, is authorized to use amounts appropriated to the N-Aquifer Account pursuant to section 104(e) to assist the Navajo Nation and the Hopi Tribe in implementing the N-Aquifer Management Plan and the Pasture Canyon Springs Protection Program Account pursuant to section 104(f) to assist the Navajo Nation and the Hopi Tribe in implementing the Pasture Canyon Springs Protection Program, both as described in paragraph 6.2 of the settlement agreement.CommentsClose CommentsPermalink





(3) LIMITED LIABILITY- The Secretary shall have no liability with respect to the management of the N-Aquifer, subject to the condition that the Secretary complies with the responsibilities of the Secretary, as set forth in the N-Aquifer Management Plan.CommentsClose CommentsPermalink

SEC. 104. FUNDING.

(a) Navajo Groundwater Projects Account-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Treasury of the United States an account, to be known as the ‘Navajo Groundwater Projects Account’, to be administered by the Secretary, consisting of the amounts deposited in the account under paragraph (2), together with any interest accrued by those amounts, for use by the Navajo Nation in constructing the Navajo Groundwater Projects.CommentsClose CommentsPermalink





(2) TRANSFERS TO ACCOUNT-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (C), there are authorized to be appropriated to the Secretary for deposit in the Navajo Groundwater Projects Account--CommentsClose CommentsPermalink





(i) $199,000,000, to remain available until expended; lessCommentsClose CommentsPermalink





(ii) the amounts deposited in the account under subparagraph (B).CommentsClose CommentsPermalink





(B) TRANSFERS FROM OTHER SOURCES-CommentsClose CommentsPermalink





(i) LOWER COLORADO RIVER BASIN DEVELOPMENT FUND-CommentsClose CommentsPermalink





(I) IN GENERAL- The Secretary of the Treasury shall transfer, without further appropriation, $25,000,000 to the Navajo Groundwater Projects Account from the Future Indian Water Settlement Subaccount of the Lower Colorado River Basin Development Fund established pursuant to section 403(f)(2)(D)(vi) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)(2)(D)(vi)).CommentsClose CommentsPermalink





(II) AVAILABILITY- The amounts transferred under subclause (I) shall not be available to the Secretary for expenditure until the date on which the Secretary publishes in the Federal Register the statement of findings under section 108(a).CommentsClose CommentsPermalink





(ii) RECLAMATION WATER SETTLEMENTS FUND-CommentsClose CommentsPermalink





(I) IN GENERAL- If amounts remain available for expenditure in the Reclamation Water Settlements Fund established by section 10501 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 407), the Secretary of the Treasury shall transfer to the Navajo Groundwater Projects Account, without further appropriation, not more than $50,000,000.CommentsClose CommentsPermalink





(II) AVAILABILITY- The amounts transferred under subclause (I) shall not be available to the Secretary for expenditure until the date on which the Secretary publishes in the Federal Register the statement of findings under section 108(a).CommentsClose CommentsPermalink





(iii) STATE CONTRIBUTION- Pursuant to subparagraph 13.22 of the settlement agreement, the State shall transfer to the Navajo Groundwater Projects Account $1,000,000.CommentsClose CommentsPermalink





(C) FLUCTUATION IN DEVELOPMENT COSTS- The amount authorized to be appropriated under subparagraph (A)(i) and deposited in the Navajo Groundwater Projects Account shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in development costs occurring after May 1, 2011, as indicated by engineering cost indices applicable to the type of construction involved, until the Secretary declares that the Navajo Groundwater Projects are substantially complete.CommentsClose CommentsPermalink





(3) MANAGEMENT OF ACCOUNT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall manage the Navajo Groundwater Projects Account in a manner that is consistent with--CommentsClose CommentsPermalink





(i) the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); andCommentsClose CommentsPermalink





(ii) this subsection.CommentsClose CommentsPermalink





(B) INVESTMENTS- The Secretary shall invest amounts in the Navajo Groundwater Projects Account in accordance with--CommentsClose CommentsPermalink





(i) the Act of April 1, 1880 (25 U.S.C. 161);CommentsClose CommentsPermalink





(ii) the first section of the Act of June 24, 1938 (25 U.S.C. 162a); andCommentsClose CommentsPermalink





(iii) obligations of Federal corporations and Federal Government-sponsored entities, the charter documents of which provide that the obligations of the entities are lawful investments for federally managed funds, including--CommentsClose CommentsPermalink





(I) obligations of the United States Postal Service described in section 2005 of title 39, United States Code;CommentsClose CommentsPermalink





(II) bonds and other obligations of the Tennessee Valley Authority described in section 15d of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831n-4);CommentsClose CommentsPermalink





(III) mortgages, obligations, or other securities of the Federal Home Loan Mortgage Corporation described in section 303 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1452); andCommentsClose CommentsPermalink





(IV) bonds, notes, or debentures of the Commodity Credit Corporation described in section 4 of the Act of March 8, 1938 (15 U.S.C. 713a-4).CommentsClose CommentsPermalink





(C) CREDITS TO ACCOUNT- The interest on, and the proceeds from, the sale or redemption of, any obligations held in the Navajo Groundwater Projects Account shall be credited to, and form a part of, the account.CommentsClose CommentsPermalink





(4) AVAILABILITY OF AMOUNTS AND INVESTMENT EARNINGS-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in section 103(a)(9), amounts appropriated to and deposited in the Navajo Groundwater Projects Account shall not be available to the Secretary for expenditure until the date on which the Secretary publishes in the Federal Register the statement of findings under section 108(a).CommentsClose CommentsPermalink





(B) INVESTMENT EARNINGS- Investment earnings on amounts deposited in the Navajo Groundwater Projects Account under paragraph (3) shall not be available to the Secretary for expenditure until the date on which the Secretary publishes in the Federal Register the statement of findings under section 108(a).CommentsClose CommentsPermalink





(b) Navajo OM&R Trust Account-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Treasury of the United States a trust account, to be known as the ‘Navajo OM&R Trust Account’, to be administered by the Secretary and to be available until expended, consisting of the amounts deposited in the account under paragraph (2), together with any interest accrued by those amounts, for the OM&R of the Navajo Groundwater Projects.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B) and in addition to any amounts transferred to the Navajo OM&R Trust Account pursuant to section 103(a)(4), there is authorized to be appropriated, deposited, and retained in the Navajo OM&R Trust Account, $23,000,000.CommentsClose CommentsPermalink





(B) FLUCTUATION IN COSTS- The amount authorized to be appropriated under subparagraph (A) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after May 1, 2011, as indicated by applicable engineering cost indices.CommentsClose CommentsPermalink





(3) MANAGEMENT OF ACCOUNT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall manage the Navajo OM&R Trust Account in a manner that is consistent with--CommentsClose CommentsPermalink





(i) the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); andCommentsClose CommentsPermalink





(ii) this subsection.CommentsClose CommentsPermalink





(B) INVESTMENTS- The Secretary shall invest amounts in the Navajo OM&R Trust Account in accordance with subsection (a)(3)(B).CommentsClose CommentsPermalink





(4) AVAILABILITY OF AMOUNTS- Amounts appropriated to and deposited in the Navajo OM&R Trust Account, including any investment earnings, shall be made available to the Navajo Nation by the Secretary beginning on the date on which title to the Navajo Groundwater Projects is transferred to the Navajo Nation.CommentsClose CommentsPermalink





(c) Hopi Groundwater Project Account-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Treasury of the United States an account, to be known as the ‘Hopi Groundwater Project Account’, to be administered by the Secretary, and consisting of the amounts deposited in the account under paragraph (2), together with any interest accrued by those amounts, for use in constructing the Hopi Groundwater Project.CommentsClose CommentsPermalink





(2) TRANSFERS TO ACCOUNT-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraphs (C), there is authorized to be appropriated to the Secretary for deposit in the Hopi Groundwater Project Account--CommentsClose CommentsPermalink





(i) $113,000,000, to remain available until expended; lessCommentsClose CommentsPermalink





(ii) the amounts deposited in the account under subparagraph (B).CommentsClose CommentsPermalink





(B) TRANSFERS FROM OTHER SOURCES-CommentsClose CommentsPermalink





(i) LOWER COLORADO RIVER BASIN DEVELOPMENT FUND-CommentsClose CommentsPermalink





(I) IN GENERAL- The Secretary of the Treasury shall transfer, without further appropriation, $25,000,000 to the Hopi Groundwater Project Account from the Future Indian Water Settlement Subaccount of the Lower Colorado River Basin Development Fund established pursuant to section 403(f)(2)(D)(vi) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)(2)(D)(vi)).CommentsClose CommentsPermalink





(II) AVAILABILITY- The amounts transferred under subclause (I) shall not be available to the Secretary for expenditure until the date on which the Secretary publishes in the Federal Register the statement of findings under section 108(a).CommentsClose CommentsPermalink





(ii) STATE CONTRIBUTION- Pursuant to subparagraph 13.22 of the settlement agreement, the State shall transfer to the Hopi Groundwater Project Account $1,000,000.CommentsClose CommentsPermalink





(C) FLUCTUATION IN DEVELOPMENT COSTS- The amount authorized to be appropriated under subparagraph (A)(i) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in development costs occurring after May 1, 2011, as indicated by engineering cost indices applicable to the type of construction involved, until the Secretary declares that the Hopi Groundwater Project is substantially complete.CommentsClose CommentsPermalink





(3) MANAGEMENT OF ACCOUNT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall manage the Hopi Groundwater Project Account in a manner that is consistent with--CommentsClose CommentsPermalink





(i) the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); andCommentsClose CommentsPermalink





(ii) this subsection.CommentsClose CommentsPermalink





(B) INVESTMENTS- The Secretary shall invest amounts in the Hopi Groundwater Project Account in accordance with subsection (a)(3)(B).CommentsClose CommentsPermalink





(C) CREDITS TO ACCOUNT- The interest on, and the proceeds from, the sale or redemption of, any obligations held in the Hopi Groundwater Project Account shall be credited to, and form a part of, the account.CommentsClose CommentsPermalink





(4) AVAILABILITY OF AMOUNTS AND INVESTMENT EARNINGS-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in section 103(b)(9), amounts appropriated to and deposited in the Hopi Groundwater Project Account shall not be available to the Secretary for expenditure until the date on which the Secretary publishes findings under section 108(a).CommentsClose CommentsPermalink





(B) INVESTMENT EARNINGS- Investment earnings on amounts deposited in the Hopi Groundwater Project Account under paragraph (3) shall not be available to the Secretary for expenditure until after the date on which the Secretary publishes in the Federal Register the statement of findings under section 108(a).CommentsClose CommentsPermalink





(d) Hopi OM&R Trust Account-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Treasury of the United States a trust account, to be known as the ‘Hopi OM&R Trust Account’, to be administered by the Secretary and to be available until expended, consisting of the amounts deposited in the account under paragraph (2), together with any interest accrued by those amounts, for the OM&R of the Hopi Groundwater Project.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B) and in addition to any amounts transferred to the Hopi OM&R Trust Account pursuant to section 103(b)(4), there is authorized to be appropriated, deposited, and retained in the Hopi OM&R Trust Account, $5,000,000.CommentsClose CommentsPermalink





(B) FLUCTUATION IN COSTS- The amount authorized to be appropriated under subparagraph (A) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after May 1, 2011, as indicated by applicable engineering cost indices.CommentsClose CommentsPermalink





(3) MANAGEMENT OF ACCOUNT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall manage the Hopi OM&R Trust Account in a manner that is consistent with--CommentsClose CommentsPermalink





(i) the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); andCommentsClose CommentsPermalink





(ii) this subsection.CommentsClose CommentsPermalink





(B) INVESTMENTS- The Secretary shall invest amounts in the Hopi OM&R Trust Account in accordance with subsection (a)(3)(B).CommentsClose CommentsPermalink





(4) AVAILABILITY OF AMOUNTS- Amounts appropriated to and deposited in the Hopi OM&R Trust Account, including any investment earnings, shall be made available to the Hopi Tribe by the Secretary beginning on the date on which title to the Hopi Groundwater Project is transferred to the Hopi Tribe.CommentsClose CommentsPermalink





(e) N-Aquifer Account-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Treasury of the United States an account, to be known as the ‘N-Aquifer Account’, to be administered by the Secretary and to be available until expended, consisting of the amounts deposited in the account under paragraph (2) to carry out activities relating to the N-Aquifer in accordance with section 103(c) and subparagraph 6.2 of the settlement agreement.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATIONS FOR N-AQUIFER MANAGEMENT PLAN-CommentsClose CommentsPermalink





(A) IN GENERAL- In addition to any amounts transferred to the Aquifer account pursuant to subsection (g), there is authorized to be appropriated, deposited, and retained to carry out section 103(c) and subparagraph 6.2 of the settlement agreement $5,000,000.CommentsClose CommentsPermalink





(B) FLUCTUATIONS IN COSTS- The amount authorized to be appropriated under subparagraph (A) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after May 1, 2011, as indicated by applicable engineering cost indices.CommentsClose CommentsPermalink





(3) AVAILABILITY- Amounts appropriated to and deposited in the N-Aquifer Account shall be made available by the Secretary prior to the LCR enforceability date to carry out the activities relating to the N-Aquifer management plan in accordance with section 103(c)(1) and subparagraph 6.2 of the settlement agreement.CommentsClose CommentsPermalink





(f) Pasture Canyon Springs Protection Program Account-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Treasury of the United States a trust account, to be known as the ‘Pasture Canyon Springs Protection Program Account’, to be administered by the Secretary and to be available until expended, consisting of the amounts deposited in the account under paragraph (2), together with any interest accrued by those amounts, to carry out activities relating to the Pasture Canyon Springs Protection Program in accordance with section 103(c) and subparagraph 6.2 of the settlement agreement.CommentsClose CommentsPermalink





(2) AUTHORIZATION OF APPROPRIATION FOR PASTURE CANYON SPRINGS PROTECTION PROGRAM-CommentsClose CommentsPermalink





(A) IN GENERAL- There is authorized to be appropriated to carry out activities relating to the Pasture Canyon Springs Protection Program in accordance with section 103(c)(2) and to implement the Pasture Canyon Springs Protection Program provisions of subparagraph 6.2 of the settlement agreement $10,400,000.CommentsClose CommentsPermalink





(B) FLUCTUATIONS IN COSTS- The amount authorized to be appropriated under subparagraph (A) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after May 1, 2011, as indicated by applicable engineering cost indices.CommentsClose CommentsPermalink





(3) MANAGEMENT OF ACCOUNT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall manage the Pasture Canyon Springs Protection Program Account in a manner that is consistent with--CommentsClose CommentsPermalink





(i) the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); andCommentsClose CommentsPermalink





(ii) this subsection.CommentsClose CommentsPermalink





(B) INVESTMENTS- The Secretary shall invest amounts in the Pasture Canyon Springs Protection Program Account in accordance with subsection (a)(3)(B).CommentsClose CommentsPermalink





(4) AVAILABILITY- Amounts made available under this subsection shall not be available to the Secretary for expenditure until the date on which the Secretary publishes in the Federal Register the statement of findings under section 108(a).CommentsClose CommentsPermalink





(g) Transfer of Funds-CommentsClose CommentsPermalink





(1) NAVAJO NATION- The Secretary may, upon request of the Navajo Nation, transfer amounts from an account established by subsections (a) and (b) to any other account established by this section.CommentsClose CommentsPermalink





(2) HOPI TRIBE- The Secretary may, upon request of the Hopi Tribe, transfer amounts from an account established by subsections (c), (d), and (f) to any other account established by this section.CommentsClose CommentsPermalink





(3) AVAILABILITY-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall not transfer amounts under this subsection until the day after the date on which the Secretary publishes in the Federal Register the statement of findings under section 108(a).CommentsClose CommentsPermalink





(B) AVAILABLE UNTIL EXPENDED- Any amounts transferred under this subsection shall remain available until expended.CommentsClose CommentsPermalink





(h) Offset- To the extent necessary, the Secretary shall offset any direct spending authorized and any interest earned on amounts expended pursuant to this section using such additional amounts as may be made available to the Secretary for the applicable fiscal year.CommentsClose CommentsPermalink

SEC. 105. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS.

(a) Navajo Nation Waivers, Releases, and Retentions of Claims-CommentsClose CommentsPermalink





(1) CLAIMS AGAINST THE STATE AND OTHERS-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (C), the Navajo Nation, on behalf of itself and the members of the Navajo Nation (but not members in their capacity as allottees), and the United States, acting as trustee for the Navajo Nation and the members of the Navajo Nation (but not members in their capacity as allottees), as part of the performance of the respective obligations of the Navajo Nation and the United States under the settlement agreement, are authorized to execute a waiver and release of any claims against the State (or any agency or political subdivision of the State), the Hopi Tribe, or any other person, entity, corporation or municipal corporation under Federal, State or other law for all--CommentsClose CommentsPermalink





(i) past, present, and future claims for water rights for Navajo land and land of the Navajo Nation outside of the State, whether held in fee or held in trust by the United States on behalf of the Navajo Nation, arising from time immemorial and, thereafter, forever;CommentsClose CommentsPermalink





(ii) past, present, and future claims for water rights arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land both within and outside of the State by the Navajo Nation, the members of the Navajo Nation, or their predecessors;CommentsClose CommentsPermalink





(iii) past and present claims for injury to water rights and injury to water quality for Navajo land and land of the Navajo Nation outside of the State, whether held in fee or held in trust by the United States on behalf of the Navajo Nation, arising from time immemorial through the LCR enforceability date;CommentsClose CommentsPermalink





(iv) past, present, and future claims for injury to water rights and injury to water quality arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land both within and outside of the State by the Navajo Nation, the members of the Navajo Nation, or their predecessors;CommentsClose CommentsPermalink





(v) claims for injury to water rights and injury to water quality arising after the LCR enforceability date for Navajo land and land of the Navajo Nation outside of the State, whether held in fee or held in trust by the United States on behalf of the Navajo Nation, resulting from the diversion or use of water in a manner not in violation of the settlement agreement; andCommentsClose CommentsPermalink





(vi) past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the settlement agreement, an applicable settlement judgment or decree, or this Act.CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The waiver and release of claims under subparagraph (A) shall be effective on the LCR enforceability date.CommentsClose CommentsPermalink





(C) RETENTION OF CLAIMS- The Navajo Nation, on behalf of itself and the members of the Navajo Nation (but not members in their capacity as allottees), and the United States, acting as trustee for the Navajo Nation and the members of the Navajo Nation (but not members in their capacity as allottees), shall retain all rights not expressly waived under subparagraph (A), including any right--CommentsClose CommentsPermalink





(i) subject to subparagraph 13.14 of the settlement agreement--CommentsClose CommentsPermalink





(I) to assert claims of rights to upper basin water for Navajo land; andCommentsClose CommentsPermalink





(II) to assert claims of rights to upper basin water that are based on aboriginal occupancy of land within the upper basin by the Navajo Nation, the members of the Navajo Nation, or their predecessors;CommentsClose CommentsPermalink





(ii) subject to subparagraphs 6.3 and 13.8 of the settlement agreement, to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the settlement agreement or this Act, in any Federal or State court of competent jurisdiction;CommentsClose CommentsPermalink





(iii) to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the LCR decree;CommentsClose CommentsPermalink





(iv) to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the Gila River Adjudication decree;CommentsClose CommentsPermalink





(v) to participate in the LCR adjudication to the extent provided in the settlement agreement;CommentsClose CommentsPermalink





(vi) to participate in the Gila River adjudication to the extent provided in subparagraphs 4.12, 4.13 and 4.14 of the settlement agreement;CommentsClose CommentsPermalink





(vii) except as provided in the settlement agreement, to object to any claims for water rights, injury to water rights, or injury to water quality by or for any Indian tribe or the United States on behalf of the Indian tribe;CommentsClose CommentsPermalink





(viii) except as provided in the settlement agreement, to assert past, present, or future claims for injury to water rights, injury to water quality, or any other claims other than a claim for water rights, against any Indian tribe or the United States on behalf of the Indian tribe;CommentsClose CommentsPermalink





(ix) to assert past, present, or future claims for rights to Lower Colorado River water, injury to rights to Lower Colorado River water, or injury to quality of Lower Colorado River water for Navajo land; andCommentsClose CommentsPermalink





(x) to assert past, present, or future claims for rights to Lower Colorado River water, injury to rights to Lower Colorado River water, or injury to quality of Lower Colorado River water that are based on aboriginal occupancy of land by the Navajo Nation, the members of the Navajo Nation, or their predecessors.CommentsClose CommentsPermalink





(2) CLAIMS AGAINST THE UNITED STATES-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (C), the Navajo Nation, on behalf of itself and the members of the Navajo Nation (but not members in their capacity as allottees), as part of the performance of the obligations of the Navajo Nation under the settlement agreement, is authorized to execute a waiver and release of any claims against the United States (or agencies, officials, or employees of the United States) under Federal, State, or other law for all--CommentsClose CommentsPermalink





(i) past, present, and future claims for water rights for Navajo land and land of the Navajo Nation outside of the State, whether held in fee or held in trust by the United States on behalf of the Navajo Nation, arising from time immemorial and, thereafter, forever;CommentsClose CommentsPermalink





(ii) past, present, and future claims for water rights arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land both within and outside of the State by the Navajo Nation, the members of the Navajo Nation, or their predecessors;CommentsClose CommentsPermalink





(iii) past and present claims for injury to water rights and injury to water quality for Navajo land and land of the Navajo Nation outside of the State, whether held in fee or held in trust by the United States on behalf of the Navajo Nation, arising from time immemorial through the LCR enforceability date;CommentsClose CommentsPermalink





(iv) past, present, and future claims for injury to water rights and injury to water quality arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land both within and outside of the State by the Navajo Nation, the members of the Navajo Nation, or their predecessors;CommentsClose CommentsPermalink





(v) claims for injury to water rights and injury to water quality arising after the LCR enforceability date for Navajo land and land of the Navajo Nation outside of the State, whether held in fee or held in trust by the United States on behalf of the Navajo Nation, resulting from the diversion or use of water in a manner not in violation of the settlement agreement;CommentsClose CommentsPermalink





(vi) past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the settlement agreement, an applicable settlement judgment or decree, or this Act;CommentsClose CommentsPermalink





(vii) past, present, and future claims for failure to protect, acquire, or develop water rights for or on behalf of the Navajo Nation and the members of the Navajo Nation arising from time immemorial and, thereafter, forever;CommentsClose CommentsPermalink





(viii) past, present, and future claims relating to failure to assert any claims authorized to be waived under this subsection;CommentsClose CommentsPermalink





(ix) claims for the OM&R costs of the Navajo Groundwater Projects, which shall be effective on the date on which the Secretary transfers title to, and OM&R responsibility for, the Navajo Groundwater Projects to the Navajo Nation;CommentsClose CommentsPermalink





(x) claims in the case styled The Navajo Nation v. United States Department of the Interior, Case No. CV-03-0507-PCT-PGR, pending in the United States District Court for the District of Arizona, including all claims based on the facts alleged in the complaint filed in the action, except any claim that is dismissed without prejudice pursuant to section 108(a)(14); andCommentsClose CommentsPermalink





(xi) past and present claims relating in any manner to damages, losses, or injuries to water, water rights, 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 failure to protect, acquire, or develop water, water rights, or water infrastructure) within the reservation and off-reservation trust land that first accrued at any time prior to the LCR enforceability date.CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- Except as provided in subparagraph (A)(ix), the waiver and release of claims under subparagraph (A) shall be effective on the LCR enforceability date.CommentsClose CommentsPermalink





(C) RETENTION OF CLAIMS- The Navajo Nation and the members of the Navajo Nation (but not members in their capacity as allottees) shall retain all rights not expressly waived in under subparagraph (A), including any right--CommentsClose CommentsPermalink





(i) subject to subparagraph 13.14 of the settlement agreement--CommentsClose CommentsPermalink





(I) to assert claims of rights to upper basin water for Navajo land; andCommentsClose CommentsPermalink





(II) to assert claims of rights to upper basin water that are based on aboriginal occupancy of land within the upper basin by the Navajo Nation, the members of the Navajo Nation, or their predecessors;CommentsClose CommentsPermalink





(ii) subject to subparagraph 13.8 of the settlement agreement, to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the settlement agreement or this Act in any Federal or State court of competent jurisdiction;CommentsClose CommentsPermalink





(iii) to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the LCR decree;CommentsClose CommentsPermalink





(iv) to assert claims for injuries to, and seek enforcement of, the rights of the Navajo Nation under the Gila River adjudication decree;CommentsClose CommentsPermalink





(v) to participate in the LCR adjudication to the extent provided in the settlement agreement;CommentsClose CommentsPermalink





(vi) to participate in the Gila River adjudication to the extent provided in subparagraphs 4.12, 4.13, and 4.14 of the settlement agreement;CommentsClose CommentsPermalink





(vii) except as provided in the settlement agreement, to object to any claims for water rights, injury to water rights, or injury to water quality by or for any Indian tribe or the United States on behalf of the Indian tribe;CommentsClose CommentsPermalink





(viii) except as provided in the settlement agreement, to assert past, present, or future claims for injury to water rights, injury to water quality, or any other claims other than a claim for water rights, against any Indian tribe or the United States on behalf of the Indian tribe;CommentsClose CommentsPermalink





(ix) to assert past, present, or future claims for rights to Lower Colorado River water, injury to rights to Lower Colorado River water, or injury to quality of Lower Colorado River water for Navajo land; andCommentsClose CommentsPermalink





(x) to assert past, present, or future claims for rights to Lower Colorado River water, injury to rights to Lower Colorado River water, or injury to quality of Lower Colorado River water that are based on aboriginal occupancy of land by the Navajo Nation, the members of the Navajo Nation, or their predecessors.CommentsClose CommentsPermalink





(b) Hopi Tribe Waivers, Releases, and Retentions of Claims-CommentsClose CommentsPermalink





(1) CLAIMS AGAINST THE STATE AND OTHERS-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (C), the Hopi Tribe, on behalf of itself and the members of the Hopi Tribe (but not members in their capacity as allottees), and the United States, acting as trustee for the Hopi Tribe and the members of the Hopi Tribe (but not members in their capacity as allottees), as part of the performance of the respective obligations of the Hopi Tribe and the United States under the settlement agreement, are authorized to execute a waiver and release of any claims against the State (or any agency or political subdivision of the State), the Navajo Nation, or any other person, entity, corporation, or municipal corporation under Federal, State, or other law for all--CommentsClose CommentsPermalink





(i) past, present, and future claims for water rights for Hopi land arising from time immemorial and, thereafter, forever;CommentsClose CommentsPermalink





(ii) past, present, and future claims for water rights arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land by the Hopi Tribe, the members of the Hopi Tribe, or their predecessors;CommentsClose CommentsPermalink





(iii) past and present claims for injury to water rights and injury to water quality for Hopi land arising from time immemorial through the LCR enforceability date;CommentsClose CommentsPermalink





(iv) past, present, and future claims for injury to water rights and injury to water quality arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land by the Hopi Tribe, the members of the Hopi Tribe, or their predecessors;CommentsClose CommentsPermalink





(v) claims for injury to water rights and injury to water quality arising after the LCR enforceability date for Hopi land resulting from the diversion or use of water in a manner not in violation of the settlement agreement; andCommentsClose CommentsPermalink





(vi) past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the settlement agreement, an applicable settlement judgment or decree, or this Act.CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The waiver and release of claims under subparagraph (A) shall be effective on the LCR enforceability date.CommentsClose CommentsPermalink





(C) RETENTION OF CLAIMS- The Hopi Tribe on behalf of itself and the members of the Hopi Tribe (but not members in their capacity as allottees), and the United States, acting as trustee for the Hopi Tribe and the members of the Hopi Tribe (but not members in their capacity as allottees), shall retain all rights not expressly waived under subparagraph (A), including any right--CommentsClose CommentsPermalink





(i) to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Tribe under the Norviel Decree, as set forth in the abstracts required pursuant to subparagraph 5.4.1 of the settlement agreement;CommentsClose CommentsPermalink





(ii) subject to subparagraphs 6.3 and 13.8 of the settlement agreement, to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Tribe under the settlement agreement or this Act, in any Federal or State court of competent jurisdiction;CommentsClose CommentsPermalink





(iii) to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Tribe under the LCR decree;CommentsClose CommentsPermalink





(iv) to participate in the LCR adjudication to the extent provided in the settlement agreement;CommentsClose CommentsPermalink





(v) except as provided in the settlement agreement, to object to any claims for water rights, injury to water rights, or injury to water quality by or for any Indian tribe or the United States on behalf of the Indian tribe;CommentsClose CommentsPermalink





(vi) except as provided in the settlement agreement, to assert past, present, or future claims for injury to water rights, injury to water quality, or any other claims other than a claim for water rights, against any Indian tribe or the United States on behalf of the Indian tribe;CommentsClose CommentsPermalink





(vii) to assert past, present, or future claims for rights to Lower Colorado River water, injury to rights to Lower Colorado River water, or injury to quality of Lower Colorado River water for Hopi land; andCommentsClose CommentsPermalink





(viii) to assert past, present, or future claims for rights to Lower Colorado River water, injury to rights to Lower Colorado River water, or injury to quality of Lower Colorado River water that are based on aboriginal occupancy of land by the Hopi Tribe, the members of the Hopi Tribe, or their predecessors.CommentsClose CommentsPermalink





(2) CLAIMS AGAINST THE UNITED STATES-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (C), the Hopi Tribe, on behalf of itself and the members of the Hopi Tribe (but not members in their capacity as allottees), as part of the performance of the obligations of the Hopi Tribe under the settlement agreement, is authorized to execute a waiver and release of any claims against the United States (or agencies, officials, or employees of the United States) under Federal, State, or other law for all--CommentsClose CommentsPermalink





(i) past, present, and future claims for water rights for Hopi land arising from time immemorial and, thereafter, forever;CommentsClose CommentsPermalink





(ii) past, present, and future claims for water rights arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land by the Hopi Tribe, the members of the Hopi Tribe, or their predecessors;CommentsClose CommentsPermalink





(iii) past and present claims for injury to water rights and injury to water quality for Hopi land arising from time immemorial through the LCR enforceability date;CommentsClose CommentsPermalink





(iv) past, present, and future claims for injury to water rights and injury to water quality arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land by the Hopi Tribe, the members of the Hopi Tribe, or their predecessors;CommentsClose CommentsPermalink





(v) claims for injury to water rights and injury to water quality arising after the LCR enforceability date for Hopi land resulting from the diversion or use of water in a manner not in violation of the settlement agreement;CommentsClose CommentsPermalink





(vi) past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the settlement agreement, an applicable settlement judgment or decree, or this Act;CommentsClose CommentsPermalink





(vii) past, present, and future claims for failure to protect, acquire, or develop water rights for or on behalf of the Hopi Tribe and the members of the Hopi Tribe arising from time immemorial and, thereafter, forever;CommentsClose CommentsPermalink





(viii) past, present, and future claims relating to failure to assert any claims authorized to be waived under this subsection;CommentsClose CommentsPermalink





(ix) claims for the OM&R costs of the Hopi Groundwater Project, which shall become effective on the date on which the Secretary transfers title to, and OM&R responsibility for, the Hopi Groundwater Project to the Hopi Tribe; andCommentsClose CommentsPermalink





(x) past and present claims relating in any manner to damages, losses, or injuries to water, water rights, 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 failure to protect, acquire, or develop water, water rights, or water infrastructure) within the reservation and off-reservation trust land that first accrued at any time prior to the LCR enforceability date.CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- Except as provided in subparagraph (A)(ix), the waiver and release of claims under subparagraph (A) shall be effective on the LCR enforceability date.CommentsClose CommentsPermalink





(C) RETENTION OF CLAIMS- The Hopi Tribe on behalf of itself and the members of the Hopi Tribe (but not members in their capacity as allottees) shall retain all rights not expressly waived under subparagraph (A), including any right--CommentsClose CommentsPermalink





(i) to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Tribe under the Norviel Decree, as set forth in the abstracts required pursuant to subparagraph 5.4.1 of the settlement agreement;CommentsClose CommentsPermalink





(ii) subject to subparagraph 13.8 of the settlement agreement, to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Tribe under the settlement agreement or this Act, in any Federal or State court of competent jurisdiction;CommentsClose CommentsPermalink





(iii) to assert claims for injuries to, and seek enforcement of, the rights of the Hopi Tribe under the LCR decree;CommentsClose CommentsPermalink





(iv) to participate in the LCR adjudication to the extent provided in the settlement agreement;CommentsClose CommentsPermalink





(v) except as provided in the settlement agreement, to object to any claims for water rights, injury to water rights, or injury to water quality by or for any Indian tribe or the United States on behalf of the Indian tribe other than the Navajo Nation and the Hopi Tribe;CommentsClose CommentsPermalink





(vi) except as provided in the settlement agreement, to assert past, present, or future claims for injury to water rights, injury to water quality, or any other claims other than a claim for water rights, against any Indian tribe or the United States on behalf of the Indian tribe other than the Navajo Nation and the Hopi Tribe;CommentsClose CommentsPermalink





(vii) to assert past, present, or future claims for rights to Lower Colorado River water, injury to rights to Lower Colorado River water, or injury to quality of Lower Colorado River water for Hopi land; andCommentsClose CommentsPermalink





(viii) to assert past, present, or future claims for rights to Lower Colorado River water, injury to rights to Lower Colorado River water, or injury to quality of Lower Colorado River water that are based on aboriginal occupancy of land by the Hopi Tribe, the members of the Hopi Tribe, or their predecessors.CommentsClose CommentsPermalink





(c) Waivers and Releases of Claims by the United States-CommentsClose CommentsPermalink





(1) ACTING AS TRUSTEE FOR ALLOTTEES-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (C), the United States, acting as trustee for allottees of the Navajo Nation and Hopi Tribe, as part of the performance of the obligations of the United States under the settlement agreement, is authorized to execute a waiver and release of any claims against the State (or any agency or political subdivision of the State), the Navajo Nation, the Hopi Tribe, or any other person, entity, corporation, or municipal corporation under Federal, State, or other law, for all--CommentsClose CommentsPermalink





(i) past, present, and future claims for water rights for allotments arising from time immemorial, and, thereafter, forever;CommentsClose CommentsPermalink





(ii) past, present, and future claims for water rights arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land by allottees or their predecessors;CommentsClose CommentsPermalink





(iii) past and present claims for injury to water rights and injury to water quality for allotments arising from time immemorial through the LCR enforceability date;CommentsClose CommentsPermalink





(iv) past, present, and future claims for injury to water rights and injury to water quality, if any, arising from time immemorial and, thereafter, forever, that are based on aboriginal occupancy of land by allottees or their predecessors;CommentsClose CommentsPermalink





(v) claims for injury to water rights and injury to water quality arising after the LCR enforceability date for allotments resulting from the diversion or use of water in a manner not in violation of the settlement agreement; andCommentsClose CommentsPermalink





(vi) past, present, and future claims arising out of, or relating in any manner to, the negotiation, execution, or adoption of the settlement agreement, an applicable settlement judgment or decree, or this Act.CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The waiver and release of claims under subparagraph (A) shall be effective on the LCR enforceability date.CommentsClose CommentsPermalink





(C) RETENTION OF CLAIMS- The United States, acting as trustee for allottees of the Navajo Nation and Hopi Tribe, shall retain all rights not expressly waived under subparagraph (A), including any right--CommentsClose CommentsPermalink





(i) subject to subparagraph 13.14 of the settlement agreement--CommentsClose CommentsPermalink





(I) to assert claims of rights to upper basin water, if any, for allotments; andCommentsClose CommentsPermalink





(II) to assert claims of rights to upper basin water that are based on aboriginal occupancy of land within the upper basin in the State by allottees or their predecessors;CommentsClose CommentsPermalink





(ii) subject to subparagraph 13.8 of the settlement agreement, to assert claims for injuries to, and seek enforcement of, the rights of allottees, if any, under the settlement agreement or this Act, in any Federal or State court of competent jurisdiction;CommentsClose CommentsPermalink





(iii) to assert claims for injuries to, and seek enforcement of, the rights of allottees, if any, under the LCR decree;CommentsClose CommentsPermalink





(iv) to participate in the LCR adjudication to the extent provided in the settlement agreement;CommentsClose CommentsPermalink





(v) except as provided in the settlement agreement, to object to any claims for water rights, injury to water rights, or injury to water quality by or for any Indian tribe;CommentsClose CommentsPermalink





(vi) except as provided in the settlement agreement, to assert past, present, or future claims for injury to water rights, injury to water quality, or any other claims other than a claim for water rights, against any Indian tribe;CommentsClose CommentsPermalink





(vii) to assert past, present, or future claims for rights to Lower Colorado River water, injury to rights to Lower Colorado River water, or injury to quality of Lower Colorado River water for allotments; andCommentsClose CommentsPermalink





(viii) to assert past, present, or future claims for rights to Lower Colorado River water, injury to rights to Lower Colorado River water, or injury to quality of Lower Colorado River water that are based on aboriginal occupancy of land by allottees or their predecessors.CommentsClose CommentsPermalink





(2) WAIVER AND RELEASE OF CLAIMS BY THE UNITED STATES AGAINST THE NAVAJO NATION AND THE HOPI TRIBE-CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided subparagraph (C), the United States, except when acting as trustee for an Indian tribe other than the Navajo Nation or the Hopi Tribe, as part of the performance of the obligations of the United States under the settlement agreement, is authorized to execute a waiver and release of any and all claims of the United States against the Navajo Nation and the Hopi Tribe, including any agency, official, or employee of the Navajo Nation or the Hopi Tribe, under Federal, State, or any other law for all--CommentsClose CommentsPermalink





(i) past, present, and future claims arising out of, or relating in any manner to, the negotiation or execution of the settlement agreement or this Act;CommentsClose CommentsPermalink





(ii) past and present claims for injury to water rights and injury to water quality resulting from the diversion or use of water on Navajo land and Hopi land arising from time immemorial through the LCR enforceability date; andCommentsClose CommentsPermalink





(iii) claims for injury to water rights and injury to water quality arising after the LCR enforceability date resulting from the diversion or use of water on Navajo land and Hopi land in a manner not in violation of the settlement agreement.CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The waiver and release of claims under subparagraph (A) shall be effective on the LCR enforceability date.CommentsClose CommentsPermalink





(C) RETENTION OF CLAIMS- The United States shall retain all rights not expressly waived under subparagraph (A), including--CommentsClose CommentsPermalink





(i) subject to subparagraph 13.8 of the settlement agreement, to assert claims for injuries to, and seek enforcement of, the settlement agreement or this Act, in any Federal or State court of competent jurisdiction;CommentsClose CommentsPermalink





(ii) to enforce the Gila River adjudication decree; andCommentsClose CommentsPermalink





(iii) to enforce the LCR decree.CommentsClose CommentsPermalink