,,ii #aacth ,,congress #b;d ,session ,h4 ,r4 #dibd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #b1 #bjad,received ,,an ,,act ,to direct the ,secretary of the ,interior to enter into the ,big ,sandy ,river-,planet ,ranch ,water ,rights ,settlement ,agreement and the ,hualapai ,tribe ,bill ,williams ,river ,water ,rights ,settlement ,agreement1 to provide for the lease of certain land located within ,planet ,ranch on the ,bill ,williams ,river in the ,state of ,arizona to benefit the ,lower ,colorado ,river ,multi-,species ,conservation ,program1 and to provide for the settlement of specific water rights claims in the ,bill ,williams ,river watershed in the ,state of ,arizona4 #a4 ,short title ,this ,act may be cited as the ,bill ,williams ,river ,water ,rights ,settlement ,act of #bjad4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to achieve a fair1 equitable1 and final settlement of certain claims among certain parties to water rights in the ,bill ,williams ,river watershed in the ,state of ,arizona for-- 7,a7 the ,hualapai ,tribe 7acting on behalf of the ,tribe and members of the ,tribe72 and 7,b7 the ,department of the ,interior1 acting on behalf of the ,department and1 as specified1 the ,united ,states as trustee for the ,hualapai ,tribe1 the members of the ,tribe1 and the allottees2 7#b7 to approve1 ratify1 and confirm-- 7,a7 the ,big ,sandy ,river-,planet ,ranch ,water ,rights ,settlement ,agreement entered into among the ,hualapai ,tribe1 the ,united ,states as trustee for the ,tribe1 the members of the ,tribe and allottees1 the ,secretary of the ,interior1 the ,arizona department of water resources1 ,freeport ,minerals ,corporation1 and the ,arizona ,game and ,fish ,commission1 to the extent the ,big ,sandy ,river-,planet ,ranch ,agreement is consistent with this ,act2 and 7,b7 the ,hualapai ,tribe ,bill ,williams ,river ,water ,rights ,settlement ,agreement entered into among the ,tribe1 the ,united ,states as trustee for the ,tribe1 members of the ,tribe1 the allottees1 and the ,freeport ,minerals ,corporation1 to the extent the ,hualapai ,tribe ,agreement is consistent with this ,act2 7#c7 to authorize and direct the ,secretary-- 7,a7 to execute the duties and obligations of the ,secretary under the ,big ,sandy ,river-,planet ,ranch ,agreement1 the ,hualapai ,tribe ,agreement1 and this ,act2 7,b7 7i7 to remove objections to the applications for the severance and transfer of certain water rights1 in partial consideration of the agreement of the parties to impose certain limits on the extent of the use and transferability of the severed and transferred water right and other water rights2 and 7ii7 to provide confirmation of those water rights2 and 7,c7 to carry out any other activity necessary to implement the ,big ,sandy ,river-,planet ,ranch ,agreement and the ,hualapai ,tribe ,agreement in accordance with this ,act2 7#d7 to advance the purposes of the ,lower ,colorado ,river ,multi-,species ,conservation ,program2 7#e7 to secure a long-term lease for a portion of ,planet ,ranch1 along with appurtenant water rights primarily along the ,bill ,williams ,river corridor1 for use in the ,conservation ,program2 7#f7 to bring the leased portion of ,planet ,ranch into public ownership for the long-term benefit of the ,conservation ,program2 and 7#g7 to secure from the ,freeport ,minerals ,corporation non-,federal contributions-- 7,a7 to support a tribal water supply study necessary for the advancement of a settlement of the claims of the ,tribe for rights to ,colorado ,river water2 and 7,b7 to enable the ,tribe to secure ,colorado ,river water rights and appurtenant land1 increase security of the water rights of the ,tribe1 and facilitate a settlement of the claims of the ,tribe for rights to ,colorado ,river water4 #c4 ,definitions ,in this ,act3 7#a7 ,,adwr ,the term ,,adwr means the ,arizona department of water resources1 established pursuant to title #de of the ,arizona ,revised ,statutes 7or a successor agency or entity74 7#b7 ,allotment ,the term allotment means the #d off-reservation parcels held in trust by the ,united ,states for individual ,indians in the ,big ,sandy ,river basin in ,mohave ,county1 ,arizona1 under the patents numbered #ajciiie1 #ajciiif1 #ajciiig1 and #ajaidid4 7#c7 ,allottee ,the term allottee means any ,indian owner of an allotment under a patent numbered #ajciiie1 #ajciiif1 #ajciiig1 or #ajaidid4 7#d7 ,arizona ,game and ,fish ,commission ,the term ,arizona ,game and ,fish ,commission means the entity established pursuant to title #ag of the ,arizona ,revised ,statutes to control the ,arizona game and fish department 7or a successor agency or entity74 7#e7 ,bagdad ,mine ,complex and ,bagdad ,townsite ,the term ,bagdad ,mine ,complex and ,bagdad ,townsite means the geographical area depicted on the map attached as exhibit #b4i to the ,big ,sandy ,river-,planet ,ranch ,agreement4 7#f7 ,big ,sandy ,river-,planet ,ranch ,agreement ,the term ,big ,sandy ,river-,planet ,ranch ,agreement means the ,big ,sandy ,river-,planet ,ranch ,water ,rights ,settlement ,agreement dated ,july #b1 #bjad1 and any amendment or exhibit 7including exhibit amendments7 to that ,agreement that is-- 7,a7 made in accordance with this ,act2 or 7,b7 otherwise approved by the ,secretary and the parties to the ,big ,sandy ,river-,planet ,ranch ,agreement4 7#g7 ,bill ,williams ,river watershed ,the term ,bill ,williams ,river watershed means the watershed drained by the ,bill ,williams ,river and the tributaries of that river1 including the ,big ,sandy and ,santa ,maria ,rivers4 7#h7 ,conservation ,program ,the term ,conservation ,program has the meaning given the term ,lower ,colorado ,river ,multi-,species ,conservation ,program in section #idja of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #acbg74 7#i7 ,corporation 7,a7 ,in general ,the term ,corporation means the ,freeport ,minerals ,corporation1 incorporated in the ,state of ,delaware4 7,b7 ,inclusions ,the term ,corporation includes all subsidiaries1 affiliates1 successors1 and assigns of the ,freeport ,minerals ,corporation 7such as ,byner ,cattle ,company1 incorporated in the ,state of ,nevada74 7#aj7 ,department ,the term ,department means the ,department of the ,interior and all constituent bureaus of that ,department4 7#aa7 ,enforceability date ,the term enforceability date means the date described in section #i4 7#ab7 ,freeport ,groundwater ,wells 7,a7 ,in general ,the term ,freeport ,groundwater ,wells means the #e wells identified by ,,adwr well registration numbers-- 7i7 #ee-eibhbd2 7ii7 #ee-eiehjh2 7iii7 #ee-eiehaj2 7iv7 #ee-bjjifd2 and 7v7 #ee-ijhbgc4 7,b7 ,inclusions ,the term ,freeport ,groundwater ,wells includes any replacement of a well referred to in subparagraph 7,a7 drilled by or for the ,corporation to supply water to the ,bagdad ,mine ,complex and ,bagdad ,townsite4 7,c7 ,exclusions ,the term ,freeport ,groundwater ,wells does not include any other well owned by the ,corporation at any other location4 7#ac7 ,hualapai ,tribe ,agreement ,the term ,hualapai ,tribe ,agreement means the ,hualapai ,tribe ,bill ,williams ,river ,water ,rights ,settlement ,agreement dated ,july #b1 #bjad1 including any amendment or exhibit 7including exhibit amendments7 to that ,agreement that is-- 7,a7 made in accordance with this ,act2 or 7,b7 otherwise approved by the ,secretary and the parties to the ,agreement4 7#ad7 ,hualapai ,tribe ,water ,rights ,settlement ,agreement ,the term ,hualapai ,tribe ,water ,rights ,settlement ,agreement means the comprehensive settlement agreement in the process of negotiation as of the date of enactment of this ,act to resolve the claims of the ,tribe for rights to ,colorado ,river water and ,verde ,river water with finality4 7#ae7 ,injury 7,a7 ,in general ,the term injury1 with respect to a water right1 means any interference with1 diminution of1 or deprivation of the water right under ,federal1 ,state1 or other law4 7,b7 ,exclusion ,the term injury does not include any injury to water quality4 7#af7 ,lincoln ,ranch ,the term ,lincoln ,ranch means the property owned by the ,corporation described in the special warranty deed recorded on ,december #d1 #aiie1 at ,book #aiie and ,page #jehgd in the official records of ,la ,paz ,county1 ,arizona4 7#ag7 ,parcel #a ,the term ,parcel #a means the parcel of land that-- 7,a7 is depicted as #c contiguous allotments identified as #a;,a1 #a;,b1 and #a;,c on the map attached to the ,big ,sandy ,river-,planet ,ranch ,agreement as exhibit #b4aj2 and 7,b7 is held in trust for certain allottees4 7#ah7 ,parcel #b ,the term ,parcel #b means the parcel of land that-- 7,a7 is depicted on the map attached to the ,big ,sandy ,river-,planet ,ranch ,agreement as exhibit #b4aj2 and 7,b7 is held in trust for certain allottees4 7#ai7 ,parcel #c ,the term ,parcel #c means the parcel of land that-- 7,a7 is depicted on the map attached to the ,big ,sandy ,river-,planet ,ranch ,agreement as exhibit #b4aj2 7,b7 is held in trust for the ,tribe2 and 7,c7 is part of the ,hualapai ,reservation pursuant to ,executive ,order ,no4 #acfh of ,june #b1 #aiaa4 7#bj7 ,party ,the term party means an individual or entity that is a signatory to-- 7,a7 the ,big ,sandy ,river-,planet ,ranch ,agreement2 or 7,b7 the ,hualapai ,tribe ,agreement4 7#ba7 ,planet ,ranch ,the term ,planet ,ranch means the property owned by the ,corporation described-- 7,a7 in the special warranty deed recorded on ,december #ad1 #bjaa1 at ,book #bjaa and ,page #jebfg in the official records of ,la ,paz ,county1 ,arizona2 and 7,b7 as ,instrument ,no4 #bjaa-jfbhjd in the official records of ,mohave ,county1 ,arizona4 7#bb7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#bc7 ,sever and transfer applications ,the term sever and transfer applications means the applications filed or amended by the ,corporation and pending on the date of enactment of this ,act to sever and transfer certain water rights-- 7,a7 from ,lincoln ,ranch and from ,planet ,ranch to the ,wikieup ,wellfield for use at the ,bagdad ,mine ,complex and ,bagdad ,townsite2 and 7,b7 from portions of ,planet ,ranch 7as determined on the date on which the applications were filed or amended7 to new locations within ,planet ,ranch4 7#bd7 ,tribe ,the term ,tribe means the ,hualapai ,tribe1 organized under section #af of the ,act of ,june #ah1 #aicd 7#be ,u4,s4,c4 #dgf7 7commonly known as the ,indian ,reorganization ,act71 and recognized by the ,secretary4 7#be7 ,water right ,the term water right means-- 7,a7 any right in or to groundwater1 surface water1 or effluent under ,federal1 ,state1 or other law2 and 7,b7 for purposes of subsections 7d7 and 7e7 of section #e1 any right to ,colorado ,river water4 7#bf7 ,wikieup ,wellfield ,the term ,wikieup ,wellfield means the geographical area depicted on the map attached as exhibit #b4aj to the ,big ,sandy ,river-,planet ,ranch ,agreement4 #d4 ,big ,sandy ,river-,planet ,ranch ,agreement 7a7 ,in general ,except to the extent that any provision of1 or amendment to1 the ,big ,sandy ,river-,planet ,ranch ,agreement conflicts with this ,act-- 7#a7 the ,big ,sandy ,river-,planet ,ranch ,agreement is authorized1 ratified1 and confirmed2 and 7#b7 any amendment to the ,big ,sandy ,river-,planet ,ranch ,agreement executed to make the ,big ,sandy ,river-,planet ,ranch ,agreement consistent with this ,act is authorized1 ratified1 and confirmed4 7b7 ,execution ,to the extent that the ,big ,sandy ,river-,planet ,ranch ,agreement does not conflict with this ,act1 and in support of the purposes of this ,act1 the ,secretary shall execute-- 7#a7 the ,big ,sandy ,river-,planet ,ranch ,agreement 7including all exhibits to the ,big ,sandy ,river-,planet ,ranch ,agreement requiring the signature of the ,secretary72 7#b7 any amendment to the ,big ,sandy ,river-,planet ,ranch ,agreement 7including any amendment to an exhibit of the ,big ,sandy ,river-,planet ,ranch ,agreement requiring the signature of the ,secretary7 that is necessary to make the ,big ,sandy ,river-,planet ,ranch ,agreement consistent with this ,act2 and 7#c7 a conditional withdrawal of each objection filed by the ,bureau of ,indian ,affairs1 the ,bureau of ,land ,management1 and the ,united ,states ,fish and ,wildlife ,service to the sever and transfer applications in the form set forth in exhibit #d4b4a7;ii77b7 to the ,big ,sandy ,river-,planet ,ranch ,agreement4 7c7 ,modifications and corrections ,the ,secretary may execute any other amendment to the ,big ,sandy ,river ,planet-,ranch ,agreement 7including any amendment to an exhibit to the ,big ,sandy ,river-,planet ,ranch ,agreement requiring the signature of the ,secretary7 that is not inconsistent with this ,act1 if the amendment-- 7#a7 is approved by the ,secretary and the parties to the ,big ,sandy ,river-,planet ,ranch ,agreement2 and 7#b7 does not require approval by ,congress4 7d7 ,prohibition ,the ,secretary shall not file an objection to any amendment to the sever and transfer applications or any new sever or transfer application filed by the ,corporation to accomplish the sever and transfer of #aj1jee acre-feet per year of water rights from ,planet ,ranch and ,lincoln ,ranch to the ,wikieup ,wellfield1 subject to the condition that the form of such an amendment or new application shall be substantially similar to a form attached to the ,big ,sandy ,river-,planet ,ranch ,agreement as exhibit #d4b4a7;ii77a77#a7 or #d4b4a7;ii77a77#b74 #e4 ,hualapai ,tribe ,agreement 7a7 ,in general ,except to the extent that any provision of1 or amendment to1 the ,hualapai ,tribe ,agreement conflicts with this ,act-- 7#a7 the ,hualapai ,tribe ,agreement is authorized1 ratified1 and confirmed2 and 7#b7 any amendment to the ,hualapai ,tribe ,agreement executed to make the ,hualapai ,tribe ,agreement consistent with this ,act is authorized1 ratified1 and confirmed4 7b7 ,execution ,to the extent that the ,hualapai ,tribe ,agreement does not conflict with this ,act1 and in support of the purposes of this ,act1 the ,secretary shall execute-- 7#a7 the ,hualapai ,tribe ,agreement 7including all exhibits to the ,hualapai ,tribe ,agreement requiring the signature of the ,secretary72 and 7#b7 any amendment to the ,hualapai ,tribe ,agreement 7including any amendment to an exhibit of the ,hualapai ,tribe ,agreement requiring the signature of the ,secretary7 that is necessary to make the ,hualapai ,tribe ,agreement consistent with this ,act4 7c7 ,modifications and corrections ,the ,secretary may execute any other amendment to the ,hualapai ,tribe ,agreement 7including any amendment to an exhibit to the ,hualapai ,tribe ,agreement requiring the signature of the ,secretary7 that is not inconsistent with this ,act1 if the amendment-- 7#a7 is approved by the ,secretary and the parties to the ,hualapai ,tribe ,agreement2 and 7#b7 does not require approval by ,congress4 7d7 ,contribution of ,corporation to economic development fund 7#a7 ,in general ,the contribution of the ,corporation to the economic development fund of the ,tribe1 as provided in section #h4a of the ,hualapai ,tribe ,agreement-- 7,a7 may be used by the ,tribe for the limited purpose of facilitating settlement of the claims of the ,tribe for rights to ,colorado ,river water by enabling the ,tribe-- 7i7 to acquire ,colorado ,river water rights with the intent to increase the security of the water rights of the ,tribe2 and 7ii7 to otherwise facilitate the use of water on the ,hualapai ,reservation2 7,b7 shall be considered to be a non-,federal contribution that counts toward any non-,federal contribution associated with a settlement of the claims of the ,tribe for rights to ,colorado ,river water2 and 7,c7 shall not be-- 7i7 considered to be trust funds2 or 7ii7 subject to responsibility or management by the ,united ,states as trustee for the ,tribe1 members of the ,tribe1 and the allottees4 7#b7 ,limitation on transfer of water rights ,the ,colorado ,river water rights acquired by the ,tribe may be used off the ,hualapai ,reservation only for irrigation of acquired appurtenant land1 or for storage in accordance with ,federal and ,state law in a permitted recharge facility in the ,state of ,arizona1 subject to the conditions that-- 7,a7 the ,tribe shall not seek to transfer or sell accumulated long-term storage credits generated from the storage of the acquired ,colorado ,river water rights2 and 7,b7 the ,tribe shall not seek approval to change the place of use of the acquired ,colorado ,river water rights1 except for the purposes of storing the water in accordance with this paragraph4 7#c7 ,expiration ,the limitation provided under paragraph 7#b7 expires on the earlier of-- 7,a7 the date on which the ,hualapai ,tribe ,water ,rights ,settlement ,agreement becomes enforceable2 and 7,b7 ,december #ca1 #bjci4 7#d7 ,colorado river water rights counted against claims of ,tribe 7,a7 ,in general ,if the ,hualapai ,tribe ,water ,rights ,settlement ,agreement does not become enforceable by ,december #ca1 #bjci1 any ,colorado ,river water rights acquired by the ,tribe with the contribution of the ,corporation to the economic development fund of the ,tribe shall be counted1 on an acre-foot per acre-foot basis1 toward the claims of the ,tribe for rights to ,colorado ,river water4 7,b7 ,effect of paragraph ,nothing in this paragraph restricts any claim for rights of the ,tribe to ,colorado ,river water4 7e7 ,future limitations on land taken into trust ,as provided in section #aj4aa of the ,hualapai ,tribe ,agreement1 the parties to the ,hualapai ,tribe ,agreement shall negotiate in good faith with other parties the terms under which any land within the ,state of ,arizona held or acquired in fee by the ,tribe may be taken into trust by the ,united ,states for the benefit of the ,tribe1 with any applicable terms to be incorporated into the ,hualapai ,tribe ,water ,rights ,settlement ,agreement1 subject to approval by ,congress4 #f4 ,waivers1 releases1 and retention of claims 7a7 ,claims by ,department under ,big ,sandy ,river-,planet ,ranch ,agreement 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,secretary is authorized to execute a waiver and release of all claims of the ,department1 acting in its own capacity1 against the ,corporation under ,federal1 ,state1 or any other law for-- 7,a7 all past and present claims for injury to water rights resulting from the diversion of water by the ,corporation from the ,wikieup ,wellfield or the ,freeport ,groundwater ,wells arising prior to the enforceability date2 7,b7 all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the ,corporation from the ,wikieup ,wellfield or the ,freeport ,groundwater ,wells in a manner not in violation of the ,big ,sandy ,river-,planet ,ranch ,agreement2 and 7,c7 all past1 present1 and future claims arising out of1 or relating in any manner to1 the negotiation or execution of the ,big ,sandy ,river-,planet ,ranch ,agreement4 7#b7 ,effective date ,the waivers and releases of claims under paragraph 7#a7 shall-- 7,a7 be in the form set forth in exhibit #g4b7;ii7 to the ,big ,sandy ,river-,planet ,ranch ,agreement2 and 7,b7 take effect on the enforceability date4 7#c7 ,retention of rights ,the ,department shall retain all rights not expressly waived under paragraph 7#a71 including the right-- 7,a7 to assert any claim for breach of1 or to seek enforcement of1 the ,big ,sandy ,river-,planet ,ranch ,agreement or this ,act in any court of competent jurisdiction 7but not a tribal court72 and 7,b7 to assert any past1 present1 or future claim to a water right that is not inconsistent with the ,big ,sandy ,river-,planet ,ranch ,agreement or this ,act4 7b7 ,claims by ,tribe and ,united ,states as trustee under ,big ,sandy ,river-,planet ,ranch ,agreement 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,tribe and the ,united ,states1 acting as trustee for the ,tribe and members of the ,tribe1 are authorized to execute a waiver and release of all claims against the ,corporation for-- 7,a7 any water rights of the ,tribe or the ,united ,states as trustee for the ,tribe and members of the ,tribe with respect to ,parcel #c in excess of #cjj acre-feet per year2 7,b7 all past and present claims for injury to water rights arising before the enforceability date resulting from the diversion of water by the ,corporation from the ,wikieup ,wellfield or the ,freeport ,groundwater ,wells2 and 7,c7 all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the ,corporation from the ,wikieup ,wellfield or the ,freeport ,groundwater ,wells in a manner not in violation of the ,big ,sandy ,river-,planet ,ranch ,agreement or the ,hualapai ,tribe ,agreement4 7#b7 ,effective date ,the waivers and releases of claims under paragraph 7#a7 shall-- 7,a7 be in the form set forth in exhibit #g4a7;ii7 to the ,hualapai ,tribe ,agreement2 and 7,b7 take effect on the enforceability date4 7#c7 ,retention of rights ,the ,tribe and the ,united ,states1 acting as trustee for the ,tribe and members of the ,tribe1 shall retain all rights not expressly waived under paragraph 7#a71 including the right-- 7,a7 to assert any claim for breach of1 or to seek enforcement of1 the ,big ,sandy ,river-,planet ,ranch ,agreement or this ,act in any court of competent jurisdiction 7but not a tribal court72 and 7,b7 to assert any past1 present1 or future claim to a water right that is not inconsistent with the ,big ,sandy ,river-,planet ,ranch ,agreement or this ,act4 7c7 ,claims by ,united ,states as trustee for allottees under ,big ,sandy ,river-,planet ,ranch ,agreement 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,united ,states1 acting as trustee for the allottees1 is authorized to execute a waiver and release of all claims against the ,corporation for-- 7,a7 any water rights of the allottees or the ,united ,states as trustee for the allottees with respect to-- 7i7 ,parcel #a in excess of #hb acre-feet per year2 or 7ii7 ,parcel #b in excess of #cab acre-feet per year2 7,b7 all past and present claims for injury to water rights arising before the enforceability date resulting from the diversion of water by the ,corporation from the ,wikieup ,wellfield or the ,freeport ,groundwater ,wells2 and 7,c7 all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the ,corporation from the ,wikieup ,wellfield or the ,freeport ,groundwater ,wells in a manner not in violation of the ,big ,sandy ,river-,planet ,ranch ,agreement4 7#b7 ,effective date ,the waivers and releases of claims under paragraph 7#a7 shall-- 7,a7 be in the form set forth in exhibit #g4a7;ii7 to the ,hualapai ,tribe ,agreement2 and 7,b7 take effect on the enforceability date4 7#c7 ,retention of rights ,the ,united ,states1 acting as trustee for the allottees1 shall retain all rights not expressly waived under paragraph 7#a71 including the right-- 7,a7 to assert any claim for breach of1 or to seek enforcement of1 the ,big ,sandy ,river-,planet ,ranch ,agreement or this ,act in any court of competent jurisdiction 7but not a tribal court72 and 7,b7 to assert any past1 present1 or future claim to a water right that is not inconsistent with the ,big ,sandy ,river-,planet ,ranch ,agreement or this ,act4 7d7 ,claims by ,tribe and ,united ,states as trustee under ,hualapai ,tribe ,agreement 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,tribe and the ,united ,states1 acting as trustee for the ,tribe1 members of the ,tribe1 and the allottees1 as part of the performance of obligations under the ,hualapai ,tribe ,agreement1 are authorized to execute a waiver and release of all claims that the ,tribe or the ,united ,states as trustee for the ,tribe1 members of the ,tribe1 or the allottees may have against the ,corporation under ,federal1 ,state1 or any other law1 for-- 7,a7 all past and present claims for injury to water rights resulting from the diversion of water by the ,corporation from the ,bill ,williams ,river watershed arising prior to the enforceability date2 7,b7 all claims for injury to water rights arising after the enforceability date resulting from the diversion of water by the ,corporation from the ,bill ,williams ,river watershed in a manner not in violation of the ,hualapai ,tribe ,agreement or the ,big ,sandy ,river-,planet ,ranch ,agreement2 and 7,c7 all past1 present1 and future claims arising out of1 or relating in any manner to1 the negotiation or execution of the ,hualapai ,tribe ,agreement4 7#b7 ,effective date ,the waivers and releases of claims under paragraph 7#a7 shall-- 7,a7 be in the form set forth in exhibit #g4a7;ii7 to the ,hualapai ,tribe ,agreement2 and 7,b7 take effect on the enforceability date4 7#c7 ,retention of rights ,the ,tribe and the ,united ,states1 acting as trustee for the ,tribe1 the members of the ,tribe1 and the allottees1 shall retain all rights not expressly waived under paragraph 7#a71 including the right to assert-- 7,a7 subject to paragraph #aj4e of the ,hualapai ,tribe ,agreement1 a claim for breach of1 or to seek enforcement of1 the ,hualapai ,tribe ,agreement or this ,act in any court of competent jurisdiction 7but not a tribal court72 7,b7 any claim for injury to1 or to seek enforcement of1 the rights of the ,tribe under any applicable judgment or decree approving or incorporating the ,hualapai ,tribe ,agreement2 and 7,c7 any past1 present1 or future claim to water rights that is not inconsistent with the ,hualapai ,tribe ,agreement or this ,act4 7e7 ,claims by ,tribe against ,united ,states under ,big ,sandy ,river-,planet ,ranch ,agreement and ,hualapai ,tribe ,agreement 7#a7 ,in general ,in consideration for the benefits to the ,tribe1 as set forth in the ,big ,sandy ,river-,planet ,ranch ,agreement1 the ,hualapai ,tribe ,agreement1 and this ,act1 except as provided in paragraph 7#c71 the ,tribe1 on behalf of the ,tribe and the members of the ,tribe1 is authorized to execute a waiver and release of all claims against the ,united ,states and the agents and employees of the ,united ,states for-- 7,a7 all past1 present1 and future claims relating to claims for water rights for ,parcel #c in excess of #cjj acre-feet per year that the ,united ,states1 acting as trustee for the ,tribe1 asserted or could have asserted against any party to the ,big ,sandy ,river-,planet ,ranch ,agreement or the ,hualapai ,tribe ,agreement1 including the ,corporation1 including claims relating to-- 7i7 loss of water1 water rights1 land1 or natural resources due to loss of water or water rights on ,parcel #c 7including damages1 losses1 or injuries to hunting1 fishing1 and gathering rights due to loss of water1 water rights1 or subordination of water rights72 or 7ii7 failure to protect1 acquire1 replace1 or develop water1 water rights1 or water infrastructure on ,parcel #c2 7,b7 all past1 present1 and future claims relating to injury to water rights associated with ,parcel #c arising from withdrawal of a protest to the sever and transfer applications referenced in the ,big ,sandy ,river-,planet ,ranch ,agreement2 7,c7 all claims relating to injury to water rights arising after the enforceability date associated with ,parcel #c1 resulting from the diversion of water by the ,corporation from the ,bill ,williams ,river watershed in a manner not in violation of the ,hualapai ,tribe ,agreement2 and 7,d7 all past1 present1 and future claims relating to any potential injury arising out of1 or relating in any manner to1 the negotiation or execution of the ,big ,sandy ,river-,planet ,ranch ,agreement or the ,hualapai ,tribe ,agreement4 7#b7 ,effective date ,the waivers and releases of claims under paragraph 7#a7 shall-- 7,a7 be in the form set forth in1 as applicable-- 7i7 exhibit #g4f7;ii7 to the ,big ,sandy ,river-,planet ,ranch ,agreement2 or 7ii7 exhibit #g4c7;ii7 to the ,hualapai ,tribe ,agreement2 and 7,b7 take effect on the enforceability date4 7#c7 ,retention of rights ,the ,tribe shall retain all rights not expressly waived under paragraph 7#a71 including the right-- 7,a7 to assert any claim for breach of1 or to seek enforcement of1 the ,big ,sandy ,river-,planet ,ranch ,agreement1 the ,hualapai ,tribe ,agreement1 or this ,act in any court of competent jurisdiction 7but not a tribal court72 and 7,b7 to assert any past1 present1 or future claim to a water right that is not inconsistent with the ,big ,sandy ,river-,planet ,ranch ,agreement1 the ,hualapai ,tribe ,agreement1 or this ,act4 #g4 ,administration 7a7 ,amendments 7#a7 ,definitions ,section #idja of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #acbg7 is amended-- 7,a7 by redesignating paragraphs 7#a7 through 7#e7 as paragraphs 7#b7 through 7#f71 respectively2 and 7,b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,big ,sandy ,river-,planet ,ranch ,agreement ,the term ,big ,sandy ,river-,planet ,ranch ,agreement has the meaning given the term in section #c of the ,bill ,williams ,river ,water ,rights ,settlement ,act of #bjad4 4 7#b7 ,enforceability ,section #idjc of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #acbh7 is amended-- 7,a7 by striking the section designation and heading and all that follows through ,due to in subsection 7a7 and inserting the following3 #idjc4 ,enforceability 7a7 ,civil actions 7#a7 ,colorado ,river civil actions 7,a7 ,description of civil action ,due to 2 and 7,b7 in subsection 7a7 7as amended by subparagraph 7,a77-- 7i7 in paragraph 7#a7 7as so amended71 by adding at the end the following3 7,b7 ,venue ,any civil action under this paragraph may be brought in any ,united ,states district court in the ,state in which any non-,federal party to the civil action is situated4 2 and 7ii7 by adding at the end the following3 7#b7 ,bill ,williams civil actions 7,a7 ,description of civil action ,due to the unique role of the ,lower ,colorado ,river ,multi-,species ,conservation ,program in resolving competing water rights claims in the ,bill ,williams ,river watershed 7as defined in section #c of the ,bill ,williams ,river ,water ,rights ,settlement ,act of #bjad7 and other claims among the parties to the ,big ,sandy-,river ,planet ,ranch ,agreement1 any party to the ,big ,sandy ,river-,planet ,ranch ,agreement may commence a civil action in a court described in subparagraph 7,b7 relating only and directly to the interpretation or enforcement of-- 7i7 the ,bill ,williams ,river ,water ,rights ,settlement ,act of #bjad2 or 7ii7 the ,big ,sandy ,river-,planet ,ranch ,agreement4 7,b7 ,venue ,a civil action under this paragraph may be brought in-- 7i7 the ,united ,states ,district ,court for the ,district of ,arizona2 or 7ii7 a ,state court of competent jurisdiction where a pending action has been brought to adjudicate the water rights associated with the ,bill ,williams ,river system and source1 in accordance with the authority provided by section #bjh of the ,act of ,july #aj1 #aieb 7commonly known as the ,mc,carran ,amendment7 7#dc ,u4,s4,c4 #fff74 2 7#c7 in subsection 7b7-- 7,a7 by striking ,the district and inserting the following3 7#a7 ,in general ,the district 2 7,b7 in paragraph 7#a7 7as so designated71 by striking such actions and inserting civil actions described in subsection 7a77#a72 and 7,c7 by adding at the end the following3 7#b7 ,state courts and district courts ,a ,state court or ,united ,states district court-- 7,a7 shall have jurisdiction over civil actions described in subsection 7a77#b72 and 7,b7 may issue such orders1 judgments1 and decrees as are consistent with the exercise of jurisdiction by the court pursuant to-- 7i7 this section2 or 7ii7 section #g of the ,bill ,williams ,river ,water ,rights ,settlement ,act of #bjad4 7#c7 ,effect of subsection ,nothing in this subsection affects the jurisdiction that would otherwise be available in accordance with the authority provided by section #bjh of the ,act of ,july #aj1 #aieb 7commonly known as the ,mc,carran ,amendment7 7#dc ,u4,s4,c4 #fff74 2 7#d7 in subsection 7d77#b71 by striking the paragraph designation and heading and all that follows through subparagraph 7,a7 and inserting the following3 7#b7 ,applicability ,this section-- 7,a7 applies only to-- 7i7 the ,lower ,colorado ,river ,multi-,species ,conservation ,program2 7ii7 the ,bill ,williams ,river ,water ,rights ,settlement ,act of #bjad2 and 7iii7 the ,big ,sandy ,river-,planet ,ranch ,agreement2 and 2 and 7#e7 by striking subsection 7e74 7b7 ,limited waiver of sovereign immunity 7#a7 ,in general ,if any party to the ,big ,sandy ,river-,planet ,ranch ,agreement or the ,hualapai ,tribe ,agreement brings a civil action in a court described in paragraph 7#b7 relating only and directly to the interpretation or enforcement of this ,act 7or an amendment made by this ,act71 the ,big ,sandy ,river-,planet ,ranch ,agreement1 or the ,hualapai ,tribe ,agreement-- 7,a7 the ,tribe and the ,united ,states1 acting as trustee for the ,tribe1 members of the ,tribe1 or the allottees1 may be named as a party or joined in the civil action2 and 7,b7 any claim by the ,tribe or the ,united ,states1 acting as trustee for the ,tribe1 members of the ,tribe1 or the allottees1 to sovereign immunity from the civil action is waived1 but only for the limited and sole purpose of the interpretation or enforcement of this ,act 7or an amendment made by this ,act71 the ,big ,sandy ,river-,planet ,ranch ,agreement1 or the ,hualapai ,tribe ,agreement4 7#b7 ,venue ,a court referred to in paragraph 7#a7 is-- 7,a7 the ,united ,states ,district ,court for the ,district of ,arizona2 or 7,b7 a ,state court of competent jurisdiction where a pending action has been brought to adjudicate the water rights associated with the ,bill ,williams ,river system and source1 in accordance with the authority provided by section #bjh of the ,act of ,july #aj1 #aieb 7commonly known as the ,mc,carran ,amendment7 7#dc ,u4,s4,c4 #fff74 7#c7 ,jurisdiction ,a ,state court or a ,united ,states district court-- 7,a7 shall have jurisdiction over civil actions described in paragraph 7#a72 and 7,b7 may issue such orders1 judgments1 and decrees as are consistent with the exercise of jurisdiction by the court pursuant to-- 7i7 this section2 or 7ii7 section #idjc7;b7 of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #acbh74 7#d7 ,nonwaiver for certain claims ,nothing in this subsection waives the sovereign immunity of the ,tribe or the ,united ,states1 acting as trustee for the ,tribe1 members of the ,tribe1 or the allottees1 to claims for monetary damages1 costs1 or attorneys' fees4 7c7 ,antideficiency 7#a7 ,in general ,notwithstanding any authorization of appropriations to carry out this ,act1 the expenditure or advance of any funds1 and the performance of any obligation by the ,department in any capacity1 pursuant to this ,act shall be contingent on the appropriation of funds for that expenditure1 advance1 or performance4 7#b7 ,liability ,the ,department shall not be liable for the failure to carry out any obligation or activity authorized by this ,act if adequate appropriations are not provided to carry out this ,act4 7d7 ,public access ,nothing in this ,act prohibits reasonable public access to the ,conservation ,program land at ,planet ,ranch or ,lincoln ,ranch in a manner that is consistent with all applicable ,federal and ,state laws and any applicable conservation management plan implemented under the ,conservation ,program4 7e7 ,effect ,nothing in the ,big ,sandy ,river-,planet ,ranch ,agreement1 the ,hualapai ,tribe ,agreement1 or this ,act-- 7#a7 affects the ability of the ,united ,states to carry out any action in the capacity of the ,united ,states as trustee for any other ,indian tribe or allottee2 7#b7 except as provided in subsections 7a7 and 7b71 confers jurisdiction on any ,state court-- 7,a7 to interpret ,federal law or determine the duties of the ,united ,states or any other party pursuant to ,federal law2 or 7,b7 to conduct judicial review of a ,federal agency action2 or 7#c7 limits the right of any member of the ,tribe 7acting in an individual capacity7 to assert or acquire any water right based on ,state law4 #h4 ,environmental compliance 7a7 ,in general ,in implementing the ,big ,sandy ,river-,planet ,ranch ,agreement1 the ,hualapai ,tribe ,agreement1 and this ,act1 the ,secretary shall comply with all applicable ,federal environmental laws 7including regulations71 including-- 7#a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7#b7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq474 7b7 ,execution of agreements ,the execution by the ,secretary of the ,big ,sandy ,river-,planet ,ranch ,agreement and the ,hualapai ,tribe ,agreement in accordance with this ,act shall not constitute a major ,federal action for purposes of section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7c7 ,united ,states enforcement authority ,nothing in this ,act1 the ,big ,sandy ,river-,planet ,ranch ,agreement1 or the ,hualapai ,tribe ,agreement affects any right of the ,united ,states to take any action 7including any environmental action7 under any law 7including regulations and common law7 relating to human health1 safety1 or the environment4 #i4 ,enforceability date 7a7 ,in general ,except as provided in subsection 7b71 the enforceability date shall be the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7#a7 7,a7 to the extent that the ,big ,sandy ,river-,planet ,ranch ,agreement or the ,hualapai ,tribe ,agreement conflict with this ,act1 the applicable agreement has been revised by amendment to eliminate the conflict2 and 7,b7 the ,big ,sandy ,river-,planet ,ranch ,agreement and the ,hualapai ,tribe ,agreement have been executed by all parties to those agreements2 7#b7 the ,corporation has submitted to ,,adwr a conditional amendment of the sever and transfer applications for the ,lincoln ,ranch water right and amendments to the sever and transfer applications for ,planet ,ranch and ,lincoln ,ranch water rights consistent with section #d4b4a7;ii77a7 of the ,big ,sandy ,river-,planet ,ranch ,agreement2 7#c7 the ,secretary and the ,arizona ,game and ,fish ,commission have executed and filed with ,,adwr a conditional withdrawal of each objection described in section #d7;b77#c72 7#d7 7,a7 ,,adwr has issued a conditional order approving the sever and transfer applications of the ,corporation2 and 7,b7 all objections to the sever and transfer applications have been-- 7i7 conditionally withdrawn2 or 7ii7 resolved in a decision issued by ,,adwr that is final and nonappealable2 7#e7 the ,secretary has provided a notice to the parties to the ,big ,sandy ,river-,planet ,ranch ,agreement and the ,hualapai ,tribe ,agreement that the ,department has completed the legally required environmental compliance described in section #h2 7#f7 the steering committee for the ,conservation ,program has approved and authorized the manager of the ,conservation ,program to execute the lease in the form as set forth in exhibit #b4cc to the ,big ,sandy ,river-,planet ,ranch ,agreement2 and 7#g7 the waivers and releases authorized by section #f have been executed by the ,tribe and the ,secretary4 7b7 ,ratification and execution of agreements ,notwithstanding subsection 7a71 for purposes of sections #d1 #e1 and #h1 the ,secretary shall carry out the requirements of this ,act as promptly as practicable after the date of enactment of this ,act4 7c7 ,failure of enforceability date to occur ,if the ,secretary does not publish a statement of findings under subsection 7a7 by ,december #ae1 #bjae1 or an extended date agreed to by the ,tribe1 the ,secretary1 and the ,corporation1 after providing reasonable notice to the ,state of ,arizona-- 7#a7 this ,act is repealed effective beginning on the later of-- 7,a7 ,december #ca1 #bjae2 and 7,b7 the date that is #ad days after the extended date agreed to by the ,tribe1 the ,secretary1 and the ,corporation1 after providing reasonable notice to the ,state of ,arizona2 7#b7 any action taken by the ,secretary to carry out this ,act shall cease1 and any agreement executed pursuant to this ,act1 shall be void2 and 7#c7 the ,tribe1 members of the ,tribe1 the allottees1 and the ,united ,states1 acting as trustee for the ,tribe1 members of the ,tribe1 and the allottees1 shall retain the right to assert past1 present1 and future claims to water rights and claims for injury to water rights in the ,bill ,williams ,river watershed4 ,passed the ,house of ,representatives ,december #a1 #bjad4,karen ,l4 ,haas1,clerk