,,ii #aafth ,,congress #ast ,session ,s4 #abgg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #a1 #bjai,ms4 ,mc,sally 7for herself and ,ms4 ,sinema7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to approve the settlement of water rights claims of the ,hualapai ,tribe and certain allottees in the ,state of ,arizona1 to authorize construction of a water project relating to those water rights claims1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,hualapai ,tribe ,water ,rights ,settlement ,act of #bjai4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to resolve1 fully and finally1 all claims to rights to water in the ,state1 including the ,verde ,river1 the ,bill ,williams ,river1 and the ,colorado ,river1 of-- 7,a7 the ,hualapai ,tribe1 on behalf of the ,hualapai ,tribe and the members of the ,hualapai ,tribe2 and 7,b7 the ,united ,states1 acting as trustee for the ,hualapai ,tribe1 the members of the ,hualapai ,tribe1 and the allottees2 7#b7 to authorize1 ratify1 and confirm the ,hualapai ,tribe water rights settlement agreement entered into among the ,hualapai ,tribe1 the ,united ,states1 the ,state1 and others1 to the extent that agreement is consistent with this ,act2 7#c7 to authorize and direct the ,secretary to execute and perform the duties and obligations of the ,secretary under the ,hualapai ,tribe water rights settlement agreement and this ,act2 and 7#d7 to authorize the appropriation of amounts necessary for the implementation of the ,hualapai ,tribe water rights settlement agreement and this ,act4 #c4 ,definitions ,in this ,act3 7#a7 #aidg ,judgment ,the term #aidg ,judgment means the ,judgment and the ,stipulation and ,agreement1 including exhibits to the ,judgment and the ,stipulation and ,agreement1 entered on ,march #ac1 #aidg1 in ,united ,states v4 ,santa ,fe ,pac4 ,r4,r4 ,co41 ,no4 ,e-#aij 7,d4 ,ariz47 and attached to the ,hualapai ,tribe water rights settlement agreement as ,exhibit #c4a4a4 7#b7 ,,afy ,the term ,,afy means acre-feet per year4 7#c7 ,allotment ,the term allotment means any of the #d off-reservation parcels that are-- 7,a7 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 #ajaidid2 and 7,b7 identified as ,parcels #a;,a1 #a;,b1 #a;,c1 and #b on the map attached to the ,hualapai ,tribe water rights settlement agreement as ,exhibit #c4a4f4 7#d7 ,allottee ,the term allottee means any ,indian owner of an allotment4 7#e7 ,available ,,cap supply ,the term available ,,cap supply means1 for any year-- 7,a7 all fourth priority water available for delivery through the ,,cap system2 7,b7 water available from ,central ,arizona ,project dams and reservoirs other than the ,modified ,roosevelt ,dam2 and 7,c7 return flows captured by the ,secretary for ,central ,arizona ,project use4 7#f7 ,bill ,williams ,act ,the term ,bill ,williams ,act means the ,bill ,williams ,river ,water ,rights ,settlement ,act of #bjad 7,public ,law #aac-bbc2 #abh ,stat4 #bjif74 7#g7 ,bill ,williams agreements ,the term ,bill ,williams agreements means the ,amended and ,restated ,big ,sandy ,river-,planet ,ranch ,water ,rights ,settlement ,agreement and the ,amended and ,restated ,hualapai ,tribe ,bill ,williams ,river ,water ,rights ,settlement ,agreement1 including all exhibits to each agreement1 copies of which 7excluding exhibits7 are attached to the ,hualapai ,tribe water rights settlement agreement as ,exhibit #c4a4aa4 7#h7 ,bill ,williams ,river phase #b water rights settlement agreement ,the term ,bill ,williams ,river phase #b water rights settlement agreement means the agreement of that name that is attached to1 and incorporated in1 the ,hualapai ,tribe water rights settlement agreement as ,exhibit #d4c4c4 7#i7 ,,cap contract ,the term ,,cap contract means a long-term contract 7as defined in the ,,cap repayment stipulation7 with the ,united ,states for delivery of ,,cap water through the ,,cap system4 7#aj7 ,,cap contractor 7,a7 ,in general ,the term ,,cap contractor means a person that has entered into a ,,cap contract4 7,b7 ,inclusion ,the term ,,cap contractor includes the ,hualapai ,tribe4 7#aa7 ,,cap fixed ,,om,r charge ,the term ,,cap fixed ,,om,r charge has the meaning given the term ,fixed ,,om,r ,charge in the ,,cap repayment stipulation4 7#ab7 ,,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 contract4 7#ac7 ,,cap ,,nia priority water ,the term ,,cap ,,nia priority water means the ,,cap water deliverable under a ,,cap contract or a ,,cap subcontract providing for the delivery of non-,indian agricultural priority water4 7#ad7 ,,cap operating agency ,the term ,,cap operating agency means-- 7,a7 the one or more entities authorized to assume responsibility for the care1 operation1 maintenance1 and replacement of the ,,cap system2 and 7,b7 as of the date of enactment of this ,act1 the ,central ,arizona ,water ,conservation ,district4 7#ae7 ,,cap pumping energy charge ,the term ,,cap pumping energy charge has the meaning given the term ,pumping ,energy ,charge in the ,,cap repayment stipulation4 7#af7 ,,cap repayment contract ,the term ,,cap repayment contract means-- 7,a7 the contract entitled ,contract between the ,united ,states and ,,cawcd for ,delivery of ,water and ,repayment of ,costs of the ,,cap1 numbered #ad-jf-,w-#bde 7,amendment ,no4 #a71 and dated ,december #a1 #aihh2 and 7,b7 any amendment to1 or revision of1 that contract4 7#ag7 ,,cap repayment stipulation ,the term ,,cap repayment stipulation means the ,stipulated ,judgment and the ,stipulation for ,judgment1 including any exhibits to those documents1 entered on ,november #ba1 #bjjg1 in the ,united ,states ,district ,court for the ,district of ,arizona in the consolidated civil action ,central ,arizona ,water ,conservation ,district v4 ,united ,states1 numbered ,,civ #ie-fbe-,,tuc-,,wdb 7,,ehc7 and ,,civ #ie-agbj-,,phx-,,ehc4 7#ah7 ,,cap subcontract ,the term ,,cap subcontract means a long-term subcontract 7as defined in the ,,cap repayment stipulation7 with the ,united ,states and the ,central ,arizona ,water ,conservation ,district for the delivery of ,,cap water through the ,,cap system4 7#ai7 ,,cap subcontractor ,the term ,,cap subcontractor means a person that has entered into a ,,cap subcontract4 7#bj7 ,,cap system ,the term ,,cap system means-- 7,a7 the ,mark ,wilmer ,pumping ,plant2 7,b7 the ,hayden-,rhodes ,aqueduct2 7,c7 the ,fannin-,mc,farland ,aqueduct2 7,d7 the ,tucson ,aqueduct2 7,e7 any pumping plant or appurtenant work of a feature described in subparagraph 7,a71 7,b71 7,c71 or 7,d72 and 7,f7 any extension of1 addition to1 or replacement for a feature described in subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e74 7#ba7 ,,cap water ,the term ,,cap water has the meaning given the term ,project ,water in the ,,cap repayment stipulation4 7#bb7 ,central ,arizona ,project ,the term ,central ,arizona ,project means the reclamation project authorized and constructed by the ,united ,states in accordance with title ,,iii of the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aeba et seq474 7#bc7 ,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 contract4 7#bd7 ,colorado ,river ,compact ,the term ,colorado ,river ,compact means the ,colorado ,river ,compact of #aibb1 as ratified and reprinted in article #b of chapter #g of title #de1 ,arizona ,revised ,statutes4 7#be7 ,colorado ,river water ,the term ,colorado ,river water means the water of the ,colorado ,river within the ,united ,states1 including-- 7,a7 the water of reservoirs on the ,colorado ,river within the ,united ,states2 7,b7 the water of all tributaries to the ,colorado ,river within the ,united ,states1 other than tributaries located within the ,state2 7,c7 the water beneath the surface of the ,earth that is hydraulically connected to the ,colorado ,river within the ,united ,states2 and 7,d7 all water beneath the surface of the ,earth that is hydraulically connected to tributaries to the ,colorado ,river within the ,united ,states1 other than tributaries located within the ,state4 7#bf7 ,colorado ,river water entitlement 7,a7 ,in general ,the term ,colorado ,river water entitlement means the right or authorization to use ,colorado ,river water in the ,state4 7,b7 ,exclusion ,the term ,colorado ,river water entitlement does not include the right of the ,hualapai ,tribe to use ,hualapai ,tribe ,,cap water in accordance with the ,hualapai ,tribe water delivery contract4 7#bg7 ,commissioner ,the term ,commissioner means the ,commissioner of ,reclamation4 7#bh7 ,diversion ,the term diversion means an act to divert4 7#bi7 ,divert ,the term divert means the receipt1 withdrawal1 development1 production1 or capture of water using a ditch1 canal1 flume1 bypass1 pipeline1 pit1 collection or infiltration gallery1 conduit1 well1 pump1 turnout1 dam1 or any other mechanical device1 or any other act of man4 7#cj7 ,effluent ,the term effluent means water that-- 7,a7 has been used in the ,state for domestic1 municipal1 or industrial purposes1 other than solely for hydropower generation2 and 7,b7 is available for reuse for any purpose1 whether or not the water has been treated to improve the quality of the water4 7#ca7 ,enforceability date ,the term enforceability date means the date described in section #ab7;a74 7#cb7 ,exchange ,the term exchange means a trade between one or more persons of any water for any other water1 if each person has a right or claim to use the water the person provides in the trade1 regardless of whether the water is traded in equal amounts or other consideration is included in the trade4 7#cc7 ,fourth priority water ,the term fourth priority water means ,colorado ,river water that is available for delivery in the ,state for the satisfaction of entitlements-- 7,a7 in accordance with contracts1 ,secretarial reservations1 perfected rights1 and other arrangements between the ,united ,states and water users in the ,state entered into or established more recently than ,september #cj1 #aifh1 for use on ,federal1 ,state1 or privately owned land in the ,state1 in a total quantity not greater than #afd1feb ,,afy of diversions2 and 7,b7 after first providing for the delivery of ,colorado ,river water for the ,,cap system1 including for use on ,indian land1 under section #cjd7;e7 of the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aebd7;e771 in accordance with the ,,cap repayment contract4 7#cd7 ,freeport 7,a7 ,in general ,the term ,freeport means the ,delaware corporation named ,freeport ,minerals ,corporation4 7,b7 ,inclusions ,the term ,freeport includes all subsidiaries1 affiliates1 successors1 and assigns of ,freeport1 including ,byner ,cattle ,company1 a ,nevada corporation4 7#ce7 ,gila ,river adjudication ,the term ,gila ,river adjudication means the action pending in the ,superior ,court of the ,state1 in and for the ,county of ,maricopa1 ,in ,re the ,general ,adjudication of ,all ,rights ,to ,use ,water ,in ,the ,gila ,river ,system and ,source1 ,w-#a 7,salt71 ,w-#b 7,verde71 ,w-#c 7,upper ,gila71 ,w-#d 7,san ,pedro7 7,consolidated74 7#cf7 ,gila ,river adjudication court ,the term ,gila ,river adjudication court means the ,superior ,court of the ,state1 in and for the ,county of ,maricopa1 exercising jurisdiction over the ,gila ,river adjudication4 7#cg7 ,gila ,river adjudication decree ,the term ,gila ,river adjudication decree means the judgment or decree entered by the ,gila ,river adjudication court in substantially the same form as the form of judgment attached to the ,hualapai ,tribe water rights settlement agreement as ,exhibit #c4a4dc4 7#ch7 ,groundwater ,the term groundwater means all water beneath the surface of the ,earth within the ,state that is not-- 7,a7 surface water2 7,b7 effluent2 or 7,c7 ,colorado ,river water4 7#ci7 ,hualapai fee land ,the term ,hualapai fee land means land1 other than ,hualapai trust land1 that-- 7,a7 is located in the ,state2 7,b7 is located outside the exterior boundaries of the ,hualapai ,reservation or ,hualapai trust land2 and 7,c7 as of the enforceability date1 is owned by the ,hualapai ,tribe1 including ownership through a related entity4 7#dj7 ,hualapai land ,the term ,hualapai land means-- 7,a7 the ,hualapai ,reservation2 7,b7 ,hualapai trust land2 and 7,c7 ,hualapai fee land4 7#da7 ,hualapai ,,om,r ,trust ,account ,the term ,hualapai ,,om,r ,trust ,account means the account established by section #f7;c77#a74 7#db7 ,hualapai ,reservation ,the term ,hualapai ,reservation means the land within the exterior boundaries of the ,hualapai ,reservation1 including-- 7,a7 all land withdrawn by the ,executive order dated ,january #d1 #ahhc1 as modified by the ,may #bh1 #aidb1 ,order of the ,secretary pursuant to the ,act of ,february #bj1 #aibe 7#dc ,stat4 #ied1 chapter #bgc72 7,b7 the land identified by the ,executive orders dated ,december #bb1 #ahih1 ,may #ad1 #aijj1 and ,june #b1 #aiaa2 and 7,c7 the land added to the ,hualapai ,reservation by section #i4 7#dc7 ,hualapai ,tribe ,the term ,hualapai ,tribe means the ,hualapai ,tribe1 a federally recognized ,indian tribe of ,hualapai ,indians organized under section #af of the ,act of ,june #ah1 #aicd 7#be ,u4,s4,c4 #eabc7 7commonly known as the ,indian ,reorganization ,act74 7#dd7 ,hualapai ,tribe ,,cap water ,the term ,hualapai ,tribe ,,cap water means the #d1jjj ,,afy of the ,,cap ,,nia priority water that-- 7,a7 was previously allocated to non-,indian agricultural entities2 7,b7 was retained by the ,secretary for reallocation to ,indian tribes in the ,state pursuant to section #ajd7;a77#a77;,a77iii7 of the ,central ,arizona ,project ,settlement ,act of #bjjd 7,public ,law #ajh-dea2 #aah ,stat4 #cdhg72 and 7,c7 is reallocated to the ,hualapai ,tribe pursuant to section #aa4 7#de7 ,hualapai ,tribe water rights settlement agreement 7,a7 ,in general ,the term ,hualapai ,tribe water rights settlement agreement means the agreement1 including exhibits1 entitled the ,hualapai ,tribe ,water ,rights ,settlement ,agreement4 7,b7 ,inclusions ,the term ,hualapai ,tribe water rights settlement agreement includes-- 7i7 any amendments necessary to make the ,hualapai ,tribe water rights settlement agreement consistent with this ,act2 and 7ii7 any other amendments approved by the parties to the ,hualapai ,tribe water rights settlement agreement and the ,secretary4 7#df7 ,hualapai ,tribe water delivery contract ,the term ,hualapai ,tribe water delivery contract means the contract entered into in accordance with the ,hualapai ,tribe water rights settlement agreement and section #aa7;c7 for the delivery of ,hualapai ,tribe ,,cap water4 7#dg7 ,hualapai trust land ,the term ,hualapai trust land means land1 other than ,hualapai fee land1 that is-- 7,a7 located-- 7i7 in the ,state2 and 7ii7 outside the exterior boundaries of the ,hualapai ,reservation2 and 7,b7 as of the enforceability date1 held in trust by the ,united ,states for the benefit of the ,hualapai ,tribe4 7#dh7 ,hualapai ,water ,project ,the term ,hualapai ,water ,project means the project constructed in accordance with section #f4 7#di7 ,hualapai ,water ,project ,account ,the term ,hualapai ,water ,project ,account means the account established by section #f7;b77#a74 7#ej7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#ea7 ,injury to water rights 7,a7 ,in general ,the term injury to water rights means any interference with1 diminution of1 or deprivation of1 a water right under ,federal1 ,state1 or other law4 7,b7 ,exclusion ,the term injury to water rights does not include any injury to water quality4 7#eb7 ,lower basin ,the term lower basin has the meaning given the term in article ,,ii7g7 of the ,colorado ,river ,compact4 7#ec7 ,lower ,colorado ,river ,basin ,development ,fund ,the term ,lower ,colorado ,river ,basin ,development ,fund means the fund established by section #djc of the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aedc74 7#ed7 ,member ,the term member means any person duly enrolled as a member of the ,hualapai ,tribe4 7#ee7 ,,om,r ,the term ,,om,r means-- 7,a7 any recurring or ongoing activity relating to the day-to-day operation of a project2 7,b7 any activity relating to scheduled or unscheduled maintenance of a project2 and 7,c7 any activity relating to replacing a feature of a project4 7#ef7 ,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 ,hualapai ,tribe water rights settlement agreement as ,exhibit #c4a4f2 and 7,b7 is held in trust for certain allottees4 7#eg7 ,parcel #b ,the term ,parcel #b means the parcel of land that-- 7,a7 is depicted as ,parcel #b on the map attached to the ,hualapai ,tribe water rights settlement agreement as ,exhibit #c4a4f2 and 7,b7 is held in trust for certain allottees4 7#eh7 ,parcel #c ,the term ,parcel #c means the parcel of land that-- 7,a7 is depicted as ,parcel #c on the map attached to the ,hualapai ,tribe water rights settlement agreement as ,exhibit #c4a4f2 7,b7 is held in trust for the ,hualapai ,tribe2 and 7,c7 is part of the ,hualapai ,reservation pursuant to ,executive ,order #acfh of ,june #b1 #aiaa4 7#ei7 ,party ,the term party means a person that is a signatory to the ,hualapai ,tribe water rights settlement agreement4 7#fj7 ,person 7,a7 ,in general ,the term person means-- 7i7 an individual2 7ii7 a public or private corporation2 7iii7 a company2 7iv7 a partnership2 7v7 a joint venture2 7vi7 a firm2 7vii7 an association2 7viii7 a society2 7ix7 an estate or trust2 7x7 a private organization or enterprise2 7xi7 the ,united ,states2 7xii7 any ,indian tribe2 7xiii7 a ,state1 territory1 or country2 7xiv7 a governmental entity2 and 7xv7 a political subdivision or municipal corporation organized under or subject to the constitution and laws of the ,state4 7,b7 ,inclusions ,the term person includes an officer1 director1 agent1 insurer1 representative1 employee1 attorney1 assign1 subsidiary1 affiliate1 enterprise1 legal representative1 any predecessor and successor in interest1 and any heir of a predecessor and successor in interest of a person4 7#fa7 ,preconstruction activity 7,a7 ,in general ,the term preconstruction activity means the work relating to the preplanning1 planning1 and design phases of construction1 as those terms are defined in paragraphs 7#a7 through 7#c7 of section #ijj4aab7;a7 of title #be1 ,code of ,federal ,regulations 7or a successor regulation74 7,b7 ,inclusion ,the term preconstruction activity includes the activities described in section #ijj4aab7;b7 of title #be1 ,code of ,federal ,regulations 7or a successor regulation74 7#fb7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#fc7 ,state ,the term ,state means the ,state of ,arizona4 7#fd7 ,surface water ,the term surface water means all water in the ,state that is appropriable under ,state law4 7#fe7 ,water ,the term water1 when used without a modifying adjective1 means-- 7,a7 groundwater2 7,b7 surface water2 7,c7 effluent2 or 7,d7 ,colorado ,river water4 7#ff7 ,water right ,the term water right means any right or rights in or to groundwater1 surface water1 effluent1 or ,colorado ,river water under ,federal1 ,state1 or other law4 #d4 ,ratification and execution of ,hualapai ,tribe water rights settlement agreement 7a7 ,ratification 7#a7 ,in general ,except as modified by this ,act and to the extent that the ,hualapai ,tribe water rights settlement agreement does not conflict with this ,act1 the ,hualapai ,tribe water rights settlement agreement is authorized1 ratified1 and confirmed4 7#b7 ,amendments ,if an amendment to the ,hualapai ,tribe water rights settlement agreement1 or to any exhibit attached to the ,hualapai ,tribe water rights settlement agreement requiring the signature of the ,secretary1 is executed in accordance with this ,act to make the ,hualapai ,tribe water rights settlement agreement consistent with this ,act1 the amendment is authorized1 ratified1 and confirmed1 to the extent the amendment is consistent with this ,act4 7b7 ,execution 7#a7 ,in general ,to the extent the ,hualapai ,tribe water rights settlement agreement does not conflict with this ,act1 the ,secretary shall execute the ,hualapai ,tribe water rights settlement agreement1 including all exhibits to1 or parts of1 the ,hualapai ,tribe water rights settlement agreement requiring the signature of the ,secretary4 7#b7 ,modifications ,nothing in this ,act prohibits the ,secretary from approving any modification to an appendix or exhibit to the ,hualapai ,tribe water rights settlement agreement that is consistent with this ,act1 to the extent that the modification does not otherwise require congressional approval under section #baaf of the ,revised ,statutes 7#be ,u4,s4,c4 #agg7 or any other applicable provision of ,federal law4 7c7 ,environmental compliance 7#a7 ,in general ,the ,secretary shall carry out all ,federal compliance activities necessary to implement the ,hualapai ,tribe water rights settlement agreement 7including all exhibits to the ,hualapai ,tribe water rights settlement agreement requiring the signature of the ,secretary7 and this ,act1 including activities necessary to comply with all applicable provisions of-- 7,a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,c7 all other applicable ,federal environmental laws4 7#b7 ,effect of execution ,the execution of the ,hualapai ,tribe water rights settlement agreement by the ,secretary under this section shall not constitute a major action for purposes of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 #e4 ,water rights 7a7 ,water rights ,to be held in trust 7#a7 ,hualapai ,tribe ,the ,united ,states shall hold the following water rights in trust for the benefit of the ,hualapai ,tribe3 7,a7 ,the water rights for the ,hualapai ,reservation described in subparagraph #d4b of the ,hualapai ,tribe water rights settlement agreement4 7,b7 ,the water rights for ,hualapai trust land described in subparagraph #d4d of the ,hualapai ,tribe water rights settlement agreement4 7,c7 ,the water rights described in section #aj7;b77#b7 for any land taken into trust by the ,united ,states for the benefit of the ,hualapai ,tribe-- 7i7 after the enforceability date2 and 7ii7 in accordance with section #aj7;b77#a74 7,d7 ,all ,hualapai ,tribe ,,cap water4 7#b7 ,allottees ,the ,united ,states shall hold in trust for the benefit of the allottees all water rights for the allotments described in subparagraph #d4c4b of the ,hualapai ,tribe water rights settlement agreement4 7b7 ,forfeiture and abandonment ,the following water rights shall not be subject to loss through non-use1 forfeiture1 abandonment1 or other operation of law3 7#a7 ,the water rights for the ,hualapai ,reservation described in subparagraph #d4b of the ,hualapai ,tribe water rights settlement agreement4 7#b7 ,the water rights for ,hualapai trust land described in subparagraph #d4d of the ,hualapai ,tribe water rights settlement agreement4 7#c7 ,any ,colorado ,river water entitlement purchased by the ,hualapai ,tribe wholly or substantially with amounts contributed by ,freeport to the ,economic ,development ,fund described in section #h4a of the ,amended and ,restated ,hualapai ,tribe ,bill ,williams ,river ,water ,rights ,settlement ,agreement4 7c7 ,alienation ,any ,colorado ,river water entitlement purchased by the ,hualapai ,tribe wholly or substantially with amounts contributed by ,freeport to the ,economic ,development ,fund described in section #h4a of the ,amended and ,restated ,hualapai ,tribe ,bill ,williams ,river ,water ,rights ,settlement ,agreement shall be restricted against permanent alienation by the ,tribe4 7d7 ,hualapai ,tribe ,,cap water ,the ,hualapai ,tribe shall have the right to divert1 use1 and store the ,hualapai ,tribe ,,cap water in accordance with section #aa4 7e7 ,colorado ,river water entitlements 7#a7 ,uses ,the ,hualapai ,tribe shall have the right to use any ,colorado ,river water entitlement purchased by or donated to the ,hualapai ,tribe at the location to which the entitlement is appurtenant on the date on which the entitlement is purchased or donated4 7#b7 ,storage 7,a7 ,in general ,subject to paragraphs 7#c7 and 7#e71 the ,hualapai ,tribe may store ,colorado ,river water available under any ,colorado ,river water entitlement purchased by or donated to the ,hualapai ,tribe at underground storage facilities or groundwater savings facilities located within the ,state and in accordance with ,state law4 7,b7 ,assignments ,the ,hualapai ,tribe may assign any long-term storage credits accrued as a result of storage under subparagraph 7,a7 in accordance with ,state law4 7#c7 ,transfers ,the ,hualapai ,tribe may transfer the entitlement for use or storage under paragraph 7#a7 or 7#b71 respectively1 to another location within the ,state1 including the ,hualapai ,reservation1 in accordance with the ,hualapai ,tribe water rights settlement agreement and all applicable ,federal and ,state laws governing the transfer of ,colorado ,river water entitlements within the ,state4 7#d7 ,leases ,the ,hualapai ,tribe may lease the entitlement for use or storage to a water user within the ,state1 in accordance with the ,hualapai ,tribe water rights settlement agreement and all applicable ,federal and ,state laws governing the transfer of ,colorado ,river water entitlements within the ,state4 7#e7 ,transports ,the ,hualapai ,tribe1 or any person who leases the entitlement from the ,hualapai ,tribe under paragraph 7#d71 may transport ,colorado ,river water available under the entitlement through the ,central ,arizona ,project in accordance with all laws of the ,united ,states and the ,central ,arizona ,water ,conservation ,district governing the use of the ,central ,arizona ,project to transport water other than ,,cap water4 7f7 ,use off-,reservation ,no water rights to groundwater under the ,hualapai ,reservation or ,hualapai trust land1 or to surface water on the ,hualapai ,reservation or ,hualapai trust land1 may be sold1 leased1 transferred1 or used outside the boundaries of the ,hualapai ,reservation or ,hualapai trust land1 other than under an exchange4 #f4 ,authorization for construction of ,hualapai water project2 funding 7a7 ,hualapai ,water ,project 7#a7 ,in general ,subject to the availability of appropriations1 the ,secretary1 acting through the ,commissioner1 shall plan1 design1 and construct the ,hualapai ,water ,project1 which shall be designed to divert1 treat1 and convey not less than #c1dad ,,afy of water from the ,colorado ,river for municipal1 commercial1 and industrial uses on the ,hualapai ,reservation4 7#b7 ,lead agency ,the ,bureau of ,reclamation shall serve as the lead agency with respect to any activity to plan1 design1 and construct the water diversion and delivery features of the ,hualapai ,water ,project4 7#c7 ,scope 7,a7 ,in general ,the scope of the planning1 design1 and construction activities for the ,hualapai ,water ,project shall be as generally described in the document entitled ,appraisal ,design ,report revised with ,addendum 7,june #bjaf7 and prepared by ,,dowl ,,hkm1 subject to the condition that1 before commencing final design and construction activities1 the ,secretary shall-- 7i7 review the design of the proposed construction2 7ii7 perform value engineering analyses2 and 7iii7 perform appropriate ,federal compliance activities4 7,b7 ,requirements ,the ,hualapai ,water ,project shall-- 7i7 be capable of delivering #c1dad ,,afy of water from the ,colorado ,river to the ,reservation2 7ii7 include all facilities and appurtenant items necessary to divert1 store1 treat1 and deliver water for municipal1 commercial1 and industrial uses on the ,hualapai ,reservation2 and 7iii7 to the maximum extent practicable1 be designed and constructed to minimize ,,om,r costs4 7,c7 ,negotiations with ,hualapai ,tribe ,on the basis of the review described in subparagraph 7,a77i71 the ,secretary shall periodically offer to negotiate and reach agreement with the ,hualapai ,tribe regarding any appropriate changes to the final design-- 7i7 to ensure that the final design meets applicable industry standards2 7ii7 to improve the cost-effectiveness of the delivery of ,colorado ,river water2 and 7iii7 to ensure that the ,hualapai ,water ,project will be constructed using only the amounts made available pursuant to subsection 7b77#f74 7#d7 ,applicability of ,,isdeaa ,on request of the ,hualapai ,tribe and in accordance with the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq471 the ,secretary shall enter into one or more agreements with the ,hualapai ,tribe to carry out this subsection4 7#e7 ,operation and maintenance 7,a7 ,in general ,in accordance with subsection 7c7 and subject to the availability of appropriations1 during the period beginning on the enforceability date and ending on the date on which title to the ,hualapai ,water ,project is transferred to the ,hualapai ,tribe pursuant to paragraph 7#f71 the ,secretary1 acting through the ,commissioner1 in consultation with the ,hualapai ,tribe1 shall operate1 maintain1 and replace the ,hualapai ,water ,project4 7,b7 ,authorization of appropriations 7i7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out the activities described in subparagraph 7,a7 #e1jjj1jjj1 to remain available until expended4 7ii7 ,unexpended funds ,any funds that remain unexpended on the date on which title to the ,hualapai ,water ,project is transferred to the ,hualapai ,tribe pursuant to paragraph 7#f7 shall revert to the ,treasury4 7iii7 ,prohibition ,the ,secretary shall not use any amounts from the ,hualapai ,water ,project ,account or the ,hualapai ,,om,r ,trust ,account to carry out the activities described in subparagraph 7,a74 7#f7 ,title to ,hualapai ,water ,project 7,a7 ,in general ,the ,secretary shall convey to the ,hualapai ,tribe title to the ,hualapai ,water ,project on the date on which the ,secretary issues a notice including-- 7i7 a certification that the infrastructure constructed is capable of storing1 diverting1 treating1 transmitting1 and distributing a supply of water as generally set forth in the final project design described in paragraph 7#c72 7ii7 a finding that the ,hualapai ,water ,project is substantially complete2 and 7iii7 a certification that the ,secretary has consulted with the ,hualapai ,tribe regarding the finding described in clause 7ii74 7,b7 ,limitation on liability 7i7 ,in general ,subject to clause 7ii71 beginning on the date on which the ,secretary transfers to the ,hualapai ,tribe title to the ,hualapai ,water ,project under subparagraph 7,a71 the ,united ,states shall not be held liable by any court for damages arising out of any act1 omission1 or occurrence relating to the facilities transferred4 7ii7 ,savings clause ,clause 7i7 shall not apply to liability for damages caused by an intentional act or an act of negligence committed by the ,united ,states1 or by employees or agents of the ,united ,states1 occurring prior to the date on which the ,secretary transfers to the ,hualapai ,tribe title to the ,hualapai ,water ,project under subparagraph 7,a74 7,c7 ,,om,r obligation of ,united ,states after conveyance ,beginning on the date on which the ,secretary transfers to the ,hualapai ,tribe title to the ,hualapai ,water ,project under subparagraph 7,a71 the ,united ,states shall have no obligation to pay for the ,,om,r costs of the ,hualapai ,water ,project4 7#g7 ,technical assistance 7,a7 ,in general ,subject to the availability of appropriations1 the ,secretary shall provide to the ,hualapai ,tribe technical assistance1 including operation and management training1 to prepare the ,hualapai ,tribe for the operation of the ,hualapai ,water ,project4 7,b7 ,authorization of appropriations 7i7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out the activities described in subparagraph 7,a7 #b1jjj1jjj1 to remain available until expended4 7ii7 ,unexpended funds ,any funds that remain unexpended on the date on which title to the ,hualapai ,water ,project is transferred to the ,hualapai ,tribe pursuant to paragraph 7#f7 shall revert to the ,treasury4 7#h7 ,project management committee ,the ,secretary shall facilitate the formation of a project management committee composed of representatives from the ,bureau of ,reclamation1 the ,bureau of ,indian ,affairs1 the ,national ,park ,service1 the ,united ,states ,fish and ,wildlife ,service1 and the ,hualapai ,tribe-- 7,a7 to review cost factors and budgets for construction1 operation1 and maintenance activities for the ,hualapai ,water ,project2 7,b7 to improve management of inherently governmental functions through enhanced communication2 and 7,c7 to seek additional ways to reduce overall costs for the ,hualapai ,water ,project4 7#i7 ,authorization to construct 7,a7 ,in general ,subject to subparagraph 7,b71 beginning on the day after the enforceability date1 the ,secretary may construct the ,hualapai ,water ,project4 7,b7 ,preconstruction activities 7i7 ,in general ,notwithstanding subparagraph 7,a7 and subject to clause 7ii71 on or before the enforceability date1 the ,secretary may use not more than #ae1bcc1jjj of the amounts deposited in the ,hualapai ,water ,project ,account under subsection 7b77#f7 to carry out1 for the ,hualapai ,water ,project-- 7,i7 preconstruction activities2 and 7,,ii7 necessary environmental studies4 7ii7 ,fluctuation in costs ,the amount described in clause 7i7 shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of fluctuations in applicable engineering cost indices occurring after ,february #bi1 #bjaf4 7b7 ,hualapai ,water ,project ,account 7#a7 ,establishment 7,a7 ,in general ,there is established in the ,treasury of the ,united ,states an account1 to be known as the ,hualapai ,water ,project ,account1 for use in constructing the ,hualapai ,water ,project4 7,b7 ,administration ,the ,hualapai ,water ,project ,account shall be administered by the ,secretary4 7,c7 ,composition ,the ,hualapai ,water ,project ,account shall consist of the amounts deposited in the account under paragraph 7#f71 together with any interest accrued on those amounts4 7#b7 ,management 7,a7 ,in general ,the ,secretary shall manage the ,hualapai ,water ,project ,account in a manner that is consistent with-- 7i7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7ii7 this subsection4 7,b7 ,investments ,the ,secretary shall invest amounts in the ,hualapai ,water ,project ,account in accordance with-- 7i7 the ,act of ,april #a1 #ahhj 7#ba ,stat4 #gj1 chapter #da2 #be ,u4,s4,c4 #afa72 7ii7 the first section of the ,act of ,june #bd1 #aich 7#eb ,stat4 #ajcg1 chapter #fdh2 #be ,u4,s4,c4 #afb;a72 and 7iii7 obligations of ,federal corporations and ,federal ,government-sponsored entities1 the charter documents of which provide that the obligations of the entities are lawful investments for federally managed funds1 including-- 7,i7 obligations of the ,united ,states ,postal ,service described in section #bjje of title #ci1 ,united ,states ,code2 7,,ii7 bonds and other obligations of the ,tennessee ,valley ,authority described in section #ae;d of the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hcan-#d72 7,,iii7 mortgages1 obligations1 or other securities of the ,federal ,home ,loan ,mortgage ,corporation described in section #cjc of the ,federal ,home ,loan ,mortgage ,corporation ,act 7#ab ,u4,s4,c4 #adeb72 and 7,,iv7 bonds1 notes1 or debentures of the ,commodity ,credit ,corporation described in section #d of the ,act of ,march #h1 #aich 7#eb ,stat4 #ajh1 chapter #dd2 #ae ,u4,s4,c4 #gac;a-#d74 7,c7 ,credits to account ,the interest on1 and the proceeds from1 the sale or redemption of any obligations held in the ,hualapai ,water ,project ,account shall be credited to1 and form a part of1 the ,hualapai ,water ,project ,account4 7#c7 ,project efficiencies ,if the total cost of planning1 design1 and construction activities of the ,hualapai ,water ,project results in cost savings and is less than the amounts authorized to be appropriated under paragraph 7#f71 the ,secretary1 at the request of the ,hualapai ,tribe1 may-- 7,a7 use those cost savings to carry out capital improvement projects associated with the ,hualapai ,water ,project2 or 7,b7 transfer those cost savings to the ,hualapai ,,om,r ,trust ,account4 7#d7 ,no reimbursement ,the ,secretary shall not be reimbursed by any entity1 including the ,hualapai ,tribe1 for any amounts expended by the ,secretary in carrying out this section4 7#e7 ,availability of amounts and investment earnings 7,a7 ,in general ,except as provided in subsection 7a77#i77;,b71 amounts appropriated to1 and deposited in1 the ,hualapai ,water ,project ,account shall not be available to the ,secretary for expenditure until the enforceability date4 7,b7 ,investment earnings ,investment earnings under paragraph 7#b7 on amounts deposited in the ,hualapai ,water ,project ,account shall not be available to the ,secretary for expenditure until the enforceability date4 7#f7 ,authorization of appropriations 7,a7 ,in general ,subject to subparagraph 7,b71 there is authorized to be appropriated to the ,secretary for deposit in the ,hualapai ,water ,project ,account #acd1ejj1jjj1 to remain available until expended4 7,b7 ,fluctuation in costs ,the amount authorized to be appropriated under subparagraph 7,a7 shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of fluctuations in applicable engineering cost indices occurring after ,february #bi1 #bjaf1 until the date on which title to the ,hualapai ,water ,project is transferred to the ,hualapai ,tribe under subsection 7a77#f77;,a74 7c7 ,hualapai ,,om,r ,trust ,account 7#a7 ,establishment 7,a7 ,in general ,there is established in the ,treasury of the ,united ,states a trust account1 to be known as the ,hualapai ,,om,r ,trust ,account1 for the ,,om,r of the ,hualapai ,water ,project4 7,b7 ,administration ,the ,hualapai ,,om,r ,trust ,account shall be administered by the ,secretary4 7,c7 ,composition ,the ,hualapai ,,om,r ,trust ,account shall consist of the amounts deposited in the account under paragraph 7#d71 together with any interest accrued on those amounts4 7#b7 ,management 7,a7 ,in general ,the ,secretary shall manage the ,hualapai ,,om,r ,trust ,account in a manner that is consistent with-- 7i7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7ii7 this subsection4 7,b7 ,investments ,the ,secretary shall invest amounts in the ,hualapai ,,om,r ,trust ,account in accordance with the laws and obligations described in clauses 7i7 through 7iii7 of subsection 7b77#b77;,b74 7#c7 ,availability of amounts ,beginning on the date on which title to the ,hualapai ,water ,project is transferred to the ,hualapai ,tribe under subsection 7a77#f77;,a71 the ,secretary shall make available to the ,hualapai ,tribe all amounts appropriated to1 and deposited in1 the ,hualapai ,,om,r ,trust ,account4 7#d7 ,authorization of appropriations 7,a7 ,in general ,subject to subparagraph 7,b7 and in addition to any amounts transferred from the ,hualapai ,water ,project ,account pursuant to subsection 7b77#c77;,b71 there is authorized to be appropriated to the ,secretary for deposit and retention in the ,hualapai ,,om,r ,trust ,account #cb1jjj1jjj1 to remain available until expended4 7,b7 ,fluctuation in costs ,the amount authorized to be appropriated under subparagraph 7,a7 shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of fluctuations in applicable engineering cost indices occurring after ,february #bi1 #bjaf4 #g4 ,waivers1 releases1 and retentions of claims 7a7 ,hualapai ,tribe 7#a7 ,claims against the ,state and others 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,hualapai ,tribe1 on behalf of the ,hualapai ,tribe and the members of the ,hualapai ,tribe 7but not members in the capacity of the members as allottees7 and the ,united ,states1 acting as trustee for the ,hualapai ,tribe and the members of the ,hualapai ,tribe 7but not members in the capacity of the members as allottees71 as part of the performance of the respective obligations of the ,hualapai ,tribe and the ,united ,states under the ,hualapai ,tribe water rights settlement agreement and this ,act1 are authorized to execute a waiver and release of any claims against the ,state 7or any agency or political subdivision of the ,state7 and any other individual1 entity1 corporation1 or municipal corporation under ,federal1 ,state1 or other law for all-- 7i7 past1 present1 and future claims for water rights1 including rights to ,colorado ,river water1 for ,hualapai land1 arising from time immemorial and1 thereafter1 forever2 7ii7 past1 present1 and future claims for water rights1 including rights to ,colorado ,river water1 arising from time immemorial and1 thereafter1 forever1 that are based on the aboriginal occupancy of land by the ,hualapai ,tribe1 the predecessors of the ,hualapai ,tribe1 the members of the ,hualapai ,tribe1 or predecessors of the members of the ,hualapai ,tribe2 7iii7 past and present claims for injury to water rights1 including injury to rights to ,colorado ,river water1 for ,hualapai land1 arising from time immemorial through the enforceability date2 7iv7 past1 present1 and future claims for injury to water rights1 including injury to rights to ,colorado ,river water1 arising from time immemorial and1 thereafter1 forever1 that are based on the aboriginal occupancy of land by the ,hualapai ,tribe1 the predecessors of the ,hualapai ,tribe1 the members of the ,hualapai ,tribe1 or predecessors of the members of the ,hualapai ,tribe2 7v7 claims for injury to water rights1 including injury to rights to ,colorado ,river water1 arising after the enforceability date1 for ,hualapai land1 resulting from the off-,reservation diversion or use of water in a manner not in violation of the ,hualapai ,tribe water rights settlement agreement or ,state law2 7vi7 past1 present1 and future claims arising out of1 or relating in any manner to1 the negotiation1 execution1 or adoption of the ,hualapai ,tribe water rights settlement agreement1 any judgment or decree approving or incorporating the ,hualapai ,tribe water rights settlement agreement1 or this ,act2 and 7vii7 claims for water rights of the ,hualapai ,tribe or the ,united ,states1 acting as trustee for the ,hualapai ,tribe and members of the ,hualapai ,tribe with respect to ,parcel #c1 in excess of #cjj ,,afy4 7,b7 ,effective date ,the waiver and release of claims described in subparagraph 7,a7 shall take effect on the enforceability date4 7,c7 ,reservation of rights and retention of claims ,notwithstanding the waiver and release of claims described in subparagraph 7,a71 the ,hualapai ,tribe1 acting on behalf of the ,hualapai ,tribe and the members of the ,hualapai ,tribe1 and the ,united ,states1 acting as trustee for the ,hualapai ,tribe and the members of the ,hualapai ,tribe 7but not members in the capacity of the members as allottees71 shall retain any right-- 7i7 subject to subparagraph #ab4g of the ,hualapai ,tribe water rights settlement agreement1 to assert claims for injuries to1 and seek enforcement of1 the rights of the ,tribe under the ,hualapai ,tribe water rights settlement agreement or this ,act in any ,federal or ,state court of competent jurisdiction2 7ii7 to assert claims for injuries to1 and seek enforcement of1 the rights of the ,hualapai ,tribe under any judgment or decree approving or incorporating the ,hualapai ,tribe water rights settlement agreement2 7iii7 to assert claims for water rights based on ,state law for land owned or acquired by the ,hualapai ,tribe in fee1 under subparagraph #d4h of the ,hualapai ,tribe water rights settlement agreement2 7iv7 to object to any claims for water rights or injury to water rights by or for any ,indian tribe or the ,united ,states1 acting on behalf of any ,indian tribe2 7v7 to assert past1 present1 or future claims for injury to water rights against any ,indian tribe or the ,united ,states1 acting on behalf of any ,indian tribe2 7vi7 to assert claims for injuries to1 and seek enforcement of1 the rights of the ,hualapai ,tribe under the ,bill ,williams agreements or the ,bill ,williams ,act in any ,federal or ,state court of competent jurisdiction2 and 7vii7 subject to paragraphs 7#a71 7#c71 7#d71 and 7#e7 of section #e7;e71 to assert the rights of the ,hualapai ,tribe under any ,colorado ,river water entitlement purchased by or donated to the ,hualapai ,tribe4 7#b7 ,claims against ,united ,states 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,hualapai ,tribe1 acting on behalf of the ,hualapai ,tribe and the members of the ,hualapai ,tribe 7but not members in the capacity of the members as allottees7 as part of the performance of the obligations of the ,hualapai ,tribe under the ,hualapai ,tribe water rights settlement agreement and this ,act1 is authorized to execute a waiver and release of all claims against the ,united ,states1 including agencies1 officials1 and employees of the ,united ,states1 under ,federal1 ,state1 or other law for all-- 7i7 past1 present1 and future claims for water rights1 including rights to ,colorado ,river water1 for ,hualapai land1 arising from time immemorial and1 thereafter1 forever2 7ii7 past1 present1 and future claims for water rights1 including rights to ,colorado ,river water1 arising from time immemorial and1 thereafter1 forever1 that are based on the aboriginal occupancy of land by the ,hualapai ,tribe1 the predecessors of the ,hualapai ,tribe1 the members of the ,hualapai ,tribe1 or predecessors of the members of the ,hualapai ,tribe2 7iii7 past and present claims relating in any manner to damages1 losses1 or injury to water rights 7including injury to rights to ,colorado ,river water71 land1 or other resources due to loss of water or water rights 7including damages1 losses1 or injuries to hunting1 fishing1 gathering1 or cultural rights due to loss of water or water rights1 claims relating to interference with1 diversion1 or taking of water1 or claims relating to the failure to protect1 acquire1 or develop water1 water rights1 or water infrastructure7 within the ,state that first accrued at any time prior to the enforceability date2 7iv7 past and present claims for injury to water rights1 including injury to rights to ,colorado ,river water1 for ,hualapai land1 arising from time immemorial through the enforceability date2 7v7 past1 present1 and future claims for injury to water rights1 including injury to rights to ,colorado ,river water1 arising from time immemorial and1 thereafter1 forever1 that are based on the aboriginal occupancy of land by the ,hualapai ,tribe1 the predecessors of the ,hualapai ,tribe1 the members of the ,hualapai ,tribe1 or predecessors of the members of the ,hualapai ,tribe2 7vi7 claims for injury to water rights1 including injury to rights to ,colorado ,river water1 arising after the enforceability date for ,hualapai land1 resulting from the off-,reservation diversion or use of water in a manner not in violation of the ,hualapai ,tribe water rights settlement agreement or ,state law2 and 7vii7 past1 present1 and future claims arising out of1 or relating in any manner to1 the negotiation1 execution1 or adoption of the ,hualapai ,tribe water rights settlement agreement1 any judgment or decree approving or incorporating the ,hualapai ,tribe water rights settlement agreement1 or this ,act4 7,b7 ,effective date ,the waiver and release of claims described in subparagraph 7,a7 shall take effect on the enforceability date4 7,c7 ,retention of claims ,notwithstanding the waiver and release of claims described in subparagraph 7,a71 the ,hualapai ,tribe and the members of the ,hualapai ,tribe 7but not members in the capacity of the members as allottees7 shall retain any right-- 7i7 subject to subparagraph #ab4g of the ,hualapai ,tribe water rights settlement agreement1 to assert claims for injuries to1 and seek enforcement of1 the rights of the ,tribe under the ,hualapai ,tribe water rights settlement agreement or this ,act in any ,federal or ,state court of competent jurisdiction2 7ii7 to assert claims for injuries to1 and seek enforcement of1 the rights of the ,hualapai ,tribe under any judgment or decree approving or incorporating the ,hualapai ,tribe water rights settlement agreement2 7iii7 to assert claims for water rights based on ,state law for land owned or acquired by the ,hualapai ,tribe in fee1 under subparagraph #d4h of the ,hualapai ,tribe water rights settlement agreement2 7iv7 to object to any claims for water rights or injury to water rights by or for any ,indian tribe or the ,united ,states1 acting on behalf of any ,indian tribe2 7v7 to assert past1 present1 or future claims for injury to water rights against any ,indian tribe or the ,united ,states1 acting on behalf of any ,indian tribe2 7vi7 to assert claims for injuries to1 and seek enforcement of1 the rights of the ,hualapai ,tribe under the ,bill ,williams agreements or the ,bill ,williams ,act in any ,federal or ,state court of competent jurisdiction2 and 7vii7 subject to paragraphs 7#a71 7#c71 7#d71 and 7#e7 of section #e7;e71 to assert the rights of the ,hualapai ,tribe under any ,colorado ,river water entitlement purchased by or donated to the ,hualapai ,tribe4 7b7 ,waivers and releases of claims by ,united ,states1 acting as trustee for allottees 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,united ,states1 acting as trustee for the allottees of the ,hualapai ,tribe1 as part of the performance of the obligations of the ,united ,states under the ,hualapai ,tribe water rights settlement agreement and this ,act1 is authorized to execute a waiver and release of any claims against the ,state 7or any agency or political subdivision of the ,state71 the ,hualapai ,tribe1 and any other individual1 entity1 corporation1 or municipal corporation under ,federal1 ,state1 or other law1 for all-- 7,a7 past1 present1 and future claims for water rights1 including rights to ,colorado ,river water1 for the allotments1 arising from time immemorial and1 thereafter1 forever2 7,b7 past1 present1 and future claims for water rights1 including rights to ,colorado ,river water1 arising from time immemorial and1 thereafter1 forever1 that are based on the aboriginal occupancy of land by the allottees or predecessors of the allottees2 7,c7 past and present claims for injury to water rights1 including injury to rights to ,colorado ,river water1 for the allotments1 arising from time immemorial through the enforceability date2 7,d7 past1 present1 and future claims for injury to water rights1 if any1 including injury to rights to ,colorado ,river water1 arising from time immemorial and1 thereafter1 forever1 that are based on the aboriginal occupancy of land by the allottees or predecessors of the allottees2 7,e7 claims for injury to water rights1 including injury to rights to ,colorado ,river water1 arising after the enforceability date1 for the allotments1 resulting from the off-,reservation diversion or use of water in a manner not in violation of the ,hualapai ,tribe water rights settlement agreement or ,state law2 7,f7 past1 present1 and future claims arising out of1 or relating in any manner to1 the negotiation1 execution1 or adoption of the ,hualapai ,tribe water rights settlement agreement1 any judgment or decree approving or incorporating the ,hualapai ,tribe water rights settlement agreement1 or this ,act2 and 7,g7 claims for any water rights of the allottees or the ,united ,states acting as trustee for the allottees with respect to-- 7i7 ,parcel #a1 in excess of #hb ,,afy2 or 7ii7 ,parcel #b1 in excess of #cab ,,afy4 7#b7 ,effective date ,the waiver and release of claims under subparagraph 7,a7 shall take effect on the enforceability date4 7#c7 ,retention of claims ,notwithstanding the waiver and release of claims described in paragraph 7#a71 the ,united ,states1 acting as trustee for the allottees of the ,hualapai ,tribe1 shall retain any right-- 7,a7 subject to subparagraph #ab4g of the ,hualapai ,tribe water rights settlement agreement1 to assert claims for injuries to1 and seek enforcement of1 the rights of the allottees1 if any1 under the ,hualapai ,tribe water rights settlement agreement or this ,act in any ,federal or ,state court of competent jurisdiction2 7,b7 to assert claims for injuries to1 and seek enforcement of1 the rights of the allottees under any judgment or decree approving or incorporating the ,hualapai ,tribe water rights settlement agreement2 7,c7 to object to any claims for water rights or injury to water rights by or for-- 7i7 any ,indian tribe other than the ,hualapai ,tribe2 or 7ii7 the ,united ,states1 acting on behalf of any ,indian tribe other than the ,hualapai ,tribe2 7,d7 to assert past1 present1 or future claims for injury to water rights against-- 7i7 any ,indian tribe other than the ,hualapai ,tribe2 or 7ii7 the ,united ,states1 acting on behalf of any ,indian tribe other than the ,hualapai ,tribe2 and 7,e7 to assert claims for injuries to1 and seek enforcement of1 the rights of the allottees under the ,bill ,williams agreements or the ,bill ,williams ,act in any ,federal or ,state court of competent jurisdiction4 7c7 ,waiver and release of claims by ,united ,states against ,hualapai ,tribe 7#a7 ,in general ,except as provided in paragraph 7#c71 the ,united ,states1 in all capacities 7except as trustee for an ,indian tribe other than the ,hualapai ,tribe71 as part of the performance of the obligations of the ,united ,states under the ,hualapai ,tribe water rights settlement agreement and this ,act1 is authorized to execute a waiver and release of all claims against the ,hualapai ,tribe1 the members of the ,hualapai ,tribe1 or any agency1 official1 or employee of the ,hualapai ,tribe1 under ,federal1 ,state or any other law for all-- 7,a7 past and present claims for injury to water rights1 including injury to rights to ,colorado ,river water1 resulting from the diversion or use of water on ,hualapai land arising from time immemorial through the enforceability date2 7,b7 claims for injury to water rights1 including injury to rights to ,colorado ,river water1 arising after the enforceability date1 resulting from the diversion or use of water on ,hualapai land in a manner that is not in violation of the ,hualapai ,tribe water rights settlement agreement or ,state law2 and 7,c7 past1 present1 and future claims arising out of1 or related in any manner to1 the negotiation1 execution1 or adoption of the ,hualapai ,tribe water rights settlement agreement1 any judgment or decree approving or incorporating the ,hualapai ,tribe water rights settlement agreement1 or this ,act4 7#b7 ,effective date ,the waiver and release of claims described in paragraph 7#a7 shall take effect on the enforceability date4 7#c7 ,retention of claims ,notwithstanding the waiver and release of claims described in paragraph 7#a71 the ,united ,states shall retain any right to assert any claim not expressly waived in accordance with paragraph 7#a71 including any right to assert a claim for injury to1 and seek enforcement of1 any right of the ,united ,states under the ,bill ,williams agreements or the ,bill ,williams ,act1 in any ,federal or ,state court of competent jurisdiction4 7d7 ,bill ,williams ,river phase #b water rights settlement agreement waiver1 release1 and retention of claims 7#a7 ,claims against ,freeport 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,united ,states1 acting solely on behalf of the ,department of the ,interior 7including the ,bureau of ,land ,management and the ,united ,states ,fish and ,wildlife ,service71 as part of the performance of the obligations of the ,united ,states under the ,bill ,williams ,river phase #b water rights settlement agreement1 is authorized to execute a waiver and release of all claims of the ,united ,states against ,freeport under ,federal1 ,state1 or any other law for-- 7i7 any past or present claim for injury to water rights resulting from-- 7,i7 the diversion or use of water by ,freeport pursuant to the water rights described in ,exhibit #d4a7;ii7 to the ,bill ,williams ,river phase #b water rights settlement agreement2 and 7,,ii7 any other diversion or use of water for mining purposes authorized by the ,bill ,williams ,river phase #b water rights settlement agreement2 7ii7 any claim for injury to water rights arising after the enforceability date described in section #ab7;d7 resulting from-- 7,i7 the diversion or use of water by ,freeport pursuant to the water rights described in ,exhibit #d4a7;ii7 to the ,bill ,williams ,river phase #b water rights settlement agreement in a manner not in violation of the ,bill ,williams ,river phase #b water rights settlement agreement2 7,,ii7 the diversion of up to #b1ejj ,,afy of water by ,freeport from ,sycamore ,creek as permitted by section #d4c7;iv7 of the ,bill ,williams ,river phase #b water rights settlement agreement2 and 7,,iii7 any other diversion or use of water by ,freeport authorized by the ,bill ,williams ,river phase #b water rights settlement agreement1 subject to the condition that such a diversion and use of water is conducted in a manner not in violation of the ,bill ,williams ,river phase #b water rights settlement agreement2 and 7iii7 any past1 present1 or future claim arising out of1 or relating in any manner to1 the negotiation or execution of the ,bill ,williams ,river phase #b water rights settlement agreement1 the ,hualapai ,tribe water rights settlement agreement1 or this ,act4 7,b7 ,effective date ,the waiver and release of claims under subparagraph 7,a7 shall take effect on the enforceability date described in section #ab7;d74 7,c7 ,retention of claims ,the ,united ,states shall retain all rights not expressly waived in the waiver and release of claims under subparagraph 7,a71 including1 subject to section #f4d of the ,bill ,williams ,river phase #b water rights settlement agreement1 the right to assert a claim for injury to1 and seek enforcement of1 the ,bill ,williams ,river phase #b water rights settlement agreement or this ,act1 in any ,federal or ,state court of competent jurisdiction 7but not a tribal court74 7#b7 ,no precedential effect 7,a7 ,pending and future proceedings ,the ,bill ,williams ,river phase #b water rights settlement agreement shall have no precedential effect in any other administrative or judicial proceeding1 including-- 7i7 any pending or future general stream adjudication1 or any other litigation involving ,freeport or the ,united ,states1 including any proceeding to establish or quantify a ,federal reserved water right2 7ii7 any pending or future administrative or judicial proceeding relating to an application-- 7,i7 to appropriate water 7for instream flow or other purposes72 7,,ii7 to sever and transfer a water right2 7,,iii7 to change a point of diversion2 or 7,,iv7 to change a place of use for any water right2 or 7iii7 any proceeding regarding water rights or a claim relating to any ,federal land4 7,b7 ,no methodology or standard ,nothing in the ,bill ,williams ,river phase #b water rights settlement agreement establishes any standard or methodology to be used for the quantification of any claim to water rights 7whether based on ,federal or ,state law7 in any judicial or administrative proceeding1 other than a proceeding to enforce the terms of the ,bill ,williams ,river phase #b water rights settlement agreement4 #h4 ,satisfaction of water rights and other benefits 7a7 ,hualapai ,tribe and members 7#a7 ,in general ,the benefits realized by the ,hualapai ,tribe and the members of the ,hualapai ,tribe 7but not members in the capacity of the members as allottees7 under the ,hualapai ,tribe water rights settlement agreement1 this ,act1 the ,bill ,williams agreements1 and the ,bill ,williams ,act shall be in full satisfaction of all claims of the ,hualapai ,tribe1 the members of the ,hualapai ,tribe1 and the ,united ,states1 acting in the capacity of the ,united ,states as trustee for the ,hualapai ,tribe and the members of the ,hualapai ,tribe1 for water rights and injury to water rights under ,federal1 ,state1 or other law with respect to ,hualapai land4 7#b7 ,satisfaction ,any entitlement to water of the ,hualapai ,tribe and the members of the ,hualapai ,tribe 7but not members in the capacity of the members as allottees7 or the ,united ,states1 acting in the capacity of the ,united ,states as trustee for the ,hualapai ,tribe and the members of the ,hualapai ,tribe1 for ,hualapai land shall be satisfied out of the water resources and other benefits granted1 confirmed1 quantified1 or recognized by the ,hualapai ,tribe water rights settlement agreement1 this ,act1 the ,bill ,williams agreements1 and the ,bill ,williams ,act to or for the ,hualapai ,tribe1 the members of the ,hualapai ,tribe1 and the ,united ,states1 acting in the capacity of the ,united ,states as trustee for the ,hualapai ,tribe and the members of the ,hualapai ,tribe4 7b7 ,allottee water claims 7#a7 ,in general ,the benefits realized by the allottees of the ,hualapai ,tribe under the ,hualapai ,tribe water rights settlement agreement1 this ,act1 the ,bill ,williams agreements1 and the ,bill ,williams ,act shall be in complete replacement of and substitution for1 and full satisfaction of1 all claims with respect to allotments of the allottees and the ,united ,states1 acting in the capacity of the ,united ,states as trustee for the allottees1 for water rights and injury to water rights under ,federal1 ,state1 or other law4 7#b7 ,satisfaction ,any entitlement to water of the allottees or the ,united ,states1 acting in the capacity of the ,united ,states as trustee for the allottees1 for allotments shall be satisfied out of the water resources and other benefits granted1 confirmed or recognized by the ,hualapai ,tribe water rights settlement agreement1 this ,act1 the ,bill ,williams agreements1 and the ,bill ,williams ,act to or for the allottees and the ,united ,states1 acting as trustee for the allottees4 7c7 ,effect ,notwithstanding subsections 7a7 and 7b71 nothing in this ,act or the ,hualapai ,tribe water rights settlement agreement-- 7#a7 recognizes or establishes any right of a member of the ,hualapai ,tribe or an allottee to water on ,hualapai land2 or 7#b7 prohibits the ,hualapai ,tribe or an allottee from acquiring additional water rights by purchase of land1 credits1 or water rights4 #i4 ,land added to ,hualapai ,reservation ,the following land in the ,state is added to the ,hualapai ,reservation3 7#a7 ,the land held in trust by the ,united ,states for the ,hualapai ,tribe by the first section of ,public ,law #ic-efj 7#hh ,stat4 #ahbj74 7#b7 ,the land deeded to the ,united ,states in the capacity of the ,united ,states as trustee for the ,hualapai ,tribe pursuant to the #aidg judgment4 #aj4 ,trust land 7a7 ,new trust land ,beginning on the date of enactment of this ,act1 the ,secretary shall accept the conveyance of1 and hold in trust for the benefit of the ,hualapai ,tribe1 the following parcels of land owned in fee as of that date of enactment by the ,hualapai ,tribe3 7#a7 ,cholla ,canyon ,ranch parcels ,in ,t4 #af ,n41 ,r4 #ac ,w41 ,gila and ,salt ,river ,base and ,meridian1 ,mohave ,county1 ,arizona-- 7,a7 ,,sw sec4 #be2 and 7,b7 ,,ne and ,,ne,,se sec4 #ce4 7#b7 ,truxton triangle ,that portion of the ,s sec4 #c1 lying south of the south boundary of the ,hualapai ,reservation and north of the north right-of-way boundary of ,arizona ,highway #ff1 and bounded by the west section line of that sec4 #c and the south section line of that sec4 #c1 ,t4 #bd ,n41 ,r4 #ab ,w41 ,gila and ,salt ,river ,base and ,meridian1 ,mohave ,county1 ,arizona4 7#c7 ,hunt parcel #d ,,sw,,ne sec4 #g1 ,t4 #be ,n41 ,r4 #ac ,w41 ,gila and ,salt ,river ,base and ,meridian1 ,mohave ,county1 ,arizona4 7#d7 ,hunt parcels #a and #b ,in ,t4 #bf ,n41 ,r4 #ad ,w41 ,gila and ,salt ,river ,base and ,meridian1 ,mohave ,county1 ,arizona-- 7,a7 ,,ne,,sw sec4 #i2 and 7,b7 ,,nw,,se sec4 #bg4 7#e7 ,hunt parcel #c ,,sw,,ne sec4 #be1 ,t4 #bg ,n41 ,r4 #ae ,w41 ,gila and ,salt ,river ,base and ,meridian1 ,mohave ,county1 ,arizona4 7b7 ,future trust land 7#a7 ,new statutory requirement ,effective beginning on the date of enactment of this ,act1 any land located in the ,state outside the exterior boundaries of the ,hualapai ,reservation may only be taken into trust by the ,united ,states for the benefit of the ,hualapai ,tribe by an ,act of ,congress-- 7,a7 that specifically authorizes the transfer of the land for the benefit of the ,hualapai ,tribe2 and 7,b7 the date of enactment of which is after the date of enactment of this ,act4 7#b7 ,water rights ,any land taken into trust for the benefit of the ,hualapai ,tribe under paragraph 7#a7-- 7,a7 shall include water rights only under ,state law2 and 7,b7 shall not include any federally reserved water rights4 #aa4 ,reallocation of ,,cap ,,nia priority water2 firming2 water delivery contract2 ,colorado ,river accounting 7a7 ,reallocation to the hualapai tribe ,on the enforceability date1 the ,secretary shall reallocate to the ,hualapai ,tribe the ,hualapai ,tribe ,,cap water4 7b7 ,firming 7#a7 ,hualapai ,tribe ,,cap water ,except as provided in subsection 7c77#b77;,h71 the ,hualapai ,tribe ,,cap water shall be firmed as follows3 7,a7 ,in accordance with section #aje7;b77#a77;,b7 of the ,arizona ,water ,settlements ,act 7,public ,law #ajh-dea2 #aah ,stat4 #cdib71 for the #ajj-year period beginning on ,january #a1 #bjjh1 the ,secretary shall firm #eeg4ej ,,afy of the ,hualapai ,tribe ,,cap water to the equivalent of ,,cap ,m,i priority water4 7,b7 ,in accordance with section #aje7;b77#b77;,b7 of the ,arizona ,water ,settlements ,act 7,public ,law #ajh-dea2 #aah ,stat4 #cdib71 for the #ajj-year period beginning on ,january #a1 #bjjh1 the ,state shall firm #eeg4ej ,,afy of the ,hualapai ,tribe ,,cap water to the equivalent of ,,cap ,m,i priority water4 7#b7 ,additional firming ,the ,hualapai ,tribe may1 at the expense of the ,hualapai ,tribe1 take additional actions to firm or supplement the ,hualapai ,tribe ,,cap water1 including by entering into agreements for that purpose with the ,central ,arizona ,water ,conservation ,district1 the ,arizona ,water ,banking ,authority1 or any other lawful authority1 in accordance with ,state law4 7c7 ,hualapai ,tribe water delivery contract 7#a7 ,in general ,in accordance with the ,hualapai ,tribe water rights settlement agreement and the requirements described in paragraph 7#b71 the ,secretary shall enter into the ,hualapai ,tribe water delivery contract4 7#b7 ,requirements ,the requirements referred to in paragraph 7#a7 are the following3 7,a7 ,in general ,the ,hualapai ,tribe water delivery contract shall-- 7i7 be for permanent service 7as that term is used in section #e of the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fag;d772 7ii7 take effect on the enforceability date2 and 7iii7 be without limit as to term4 7,b7 ,hualapai ,tribe ,,cap water 7i7 ,in general ,the ,hualapai ,tribe ,,cap water may be delivered for use in the lower basin in ,arizona through-- 7,i7 the ,hualapai ,water ,project2 or 7,,ii7 the ,,cap system4 7ii7 ,method of delivery ,the ,secretary shall authorize the delivery of ,hualapai ,tribe ,,cap water under this clause to be effected by the diversion and use of water directly from the ,colorado ,river in ,arizona4 7,c7 ,contractual delivery ,the ,secretary shall deliver the ,hualapai ,tribe ,,cap water to the ,hualapai ,tribe in accordance with the terms and conditions of the ,hualapai ,tribe water delivery contract4 7,d7 ,distribution of ,,cap ,,nia priority water 7i7 ,in general ,except as provided in clause 7ii71 if1 for any year1 the available ,,cap supply is insufficient to meet all demands under ,,cap contracts and ,,cap subcontracts for the delivery of ,,cap ,,nia priority water1 the ,secretary and the ,,cap operating agency shall prorate the available ,,cap ,,nia priority water among the ,,cap contractors and ,,cap subcontractors holding contractual entitlements to ,,cap ,,nia priority water on the basis of the quantity of ,,cap ,,nia priority water used by each such ,,cap contractor and ,,cap subcontractor in the last year in which the available ,,cap supply was sufficient to fill all orders for ,,cap ,,nia priority water4 7ii7 ,exception 7,i7 ,in general ,notwithstanding clause 7i71 if the available ,,cap supply is insufficient to meet all demands under ,,cap contracts and ,,cap subcontracts for the delivery of ,,cap ,,nia priority water in the year following the year in which the enforceability date occurs1 the ,secretary shall assume that the ,hualapai ,tribe used the full volume of ,hualapai ,tribe ,,cap water in the last year in which the available ,,cap supply was sufficient to fill all orders for ,,cap ,,nia priority water4 7,,ii7 ,continuation ,the assumption described in subclause 7,i7 shall continue until the available ,,cap supply is sufficient to meet all demands under ,,cap contracts and ,,cap subcontracts for the delivery of ,,cap ,,nia priority water4 7,,iii7 ,determination ,the ,secretary shall determine the quantity of ,,cap ,,nia priority water used by the ,gila ,river ,indian ,community and the ,tohono ,o'odham ,nation in the last year in which the available ,,cap supply was sufficient to fill all orders for ,,cap ,,nia priority water in a manner consistent with the settlement agreements with those tribes4 7,e7 ,leases and exchanges of ,hualapai ,tribe ,,cap water ,on and after the date on which the ,hualapai ,tribe water delivery contract becomes effective1 the ,hualapai ,tribe may1 with the approval of the ,secretary1 enter into contracts or options to lease1 or contracts or options to exchange1 the ,hualapai ,tribe ,,cap water within the lower basin in ,arizona1 providing for the temporary delivery to other persons of any portion of ,hualapai ,tribe ,,cap water4 7,f7 ,term of leases and exchanges 7i7 ,leasing ,contracts to lease and options to lease under subparagraph 7,e7 shall be for a term of not more than #ajj years4 7ii7 ,exchanging ,contracts to exchange and options to exchange under subparagraph 7,e7 shall be for the term provided for in the contract or option1 as applicable4 7iii7 ,renegotiation ,the ,hualapai ,tribe may1 with the approval of the ,secretary1 renegotiate any lease described in subparagraph 7,e71 at any time during the term of the lease1 if the term of the renegotiated lease does not exceed #ajj years4 7,g7 ,prohibition on permanent alienation ,no ,hualapai ,tribe ,,cap water may be permanently alienated4 7,h7 ,no firming of leased water ,the firming obligations described in subsection 7b77#a7 shall not apply to any ,hualapai ,tribe ,,cap water leased by the ,hualapai ,tribe to another person4 7,i7 ,entitlement to lease and exchange funds2 obligations of ,united ,states 7i7 ,entitlement 7,i7 ,in general ,the ,hualapai ,tribe shall be entitled to all consideration due to the ,hualapai ,tribe under any contract to lease1 option to lease1 contract to exchange1 or option to exchange the ,hualapai ,tribe ,,cap water entered into by the ,hualapai ,tribe4 7,,ii7 ,exclusion ,the ,united ,states shall not1 in any capacity1 be entitled to the consideration described in subclause 7,i74 7ii7 ,obligations of ,united ,states ,the ,united ,states shall not1 in any capacity1 have any trust or other obligation to monitor1 administer1 or account for1 in any manner1 any funds received by the ,hualapai ,tribe as consideration under any contract to lease1 option to lease1 contract exchange1 or option to exchange the ,hualapai ,tribe ,,cap water entered into by the ,hualapai ,tribe1 except in a case in which the ,hualapai ,tribe deposits the proceeds of any lease1 option to lease1 exchange1 or option to exchange into an account held in trust for the ,hualapai ,tribe by the ,united ,states4 7,j7 ,water use and storage 7i7 ,in general ,the ,hualapai ,tribe may use the ,hualapai ,tribe ,,cap water on or off the ,hualapai ,reservation within the lower basin in ,arizona for any purpose4 7ii7 ,storage ,the ,hualapai ,tribe1 in accordance with ,state law1 may store the ,hualapai ,tribe ,,cap water at one or more underground storage facilities or groundwater savings facilities1 subject to the condition that1 if the ,hualapai ,tribe stores ,hualapai ,tribe ,,cap water that has been firmed pursuant to subsection 7b77#a71 the stored water may only be-- 7,i7 used by the ,hualapai ,tribe2 or 7,,ii7 exchanged by the ,hualapai ,tribe for water that will be used by the ,hualapai ,tribe4 7iii7 ,assignment ,the ,hualapai ,tribe1 in accordance with ,state law1 may assign any long-term storage credit accrued as a result of storage described in clause 7ii71 subject to the condition that the ,hualapai ,tribe shall not assign any long-term storage credit accrued as a result of the storage of ,hualapai ,tribe ,,cap water that has been firmed pursuant to subsection 7b77#a74 7,k7 ,use outside ,state ,the ,hualapai ,tribe may not use1 lease1 exchange1 forbear1 or otherwise transfer any ,hualapai ,tribe ,,cap water for use directly or indirectly outside of the lower basin in ,arizona4 7,l7 ,,cap fixed ,,om,r charges 7i7 ,in general ,the ,,cap operating agency shall be paid the ,,cap fixed ,,om,r charges associated with the delivery of all the ,hualapai ,tribe ,,cap water4 7ii7 ,payment of charges ,except as provided in subparagraph 7,o71 all ,,cap fixed ,,om,r charges associated with the delivery of the ,hualapai ,tribe ,,cap water to the ,hualapai ,tribe shall be paid by-- 7,i7 the ,secretary1 pursuant to section #djc7;f77#b77;,a7 of the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aedc7;f77#b77;,a771 subject to the condition that funds for that payment are available in the ,lower ,colorado ,river ,basin ,development ,fund2 and 7,,ii7 if the funds described in subclause 7,i7 become unavailable1 the ,hualapai ,tribe4 7,m7 ,,cap pumping energy charges 7i7 ,in general ,the ,,cap operating agency shall be paid the ,,cap pumping energy charges associated with the delivery of all the ,hualapai ,tribe ,,cap water only in cases in which the ,,cap system is used for the delivery of that water4 7ii7 ,payment of charges ,except for ,,cap water not delivered through the ,,cap system1 which does not incur a ,,cap pumping energy charge1 or water delivered to other persons as described in subparagraph 7,o71 any applicable ,,cap pumping energy charges associated with the delivery of the ,hualapai ,tribe ,,cap water shall be paid by the ,hualapai ,tribe4 7,n7 ,waiver of property tax equivalency payments ,no property tax or in-lieu property tax equivalency shall be due or payable by the ,hualapai ,tribe for the delivery of ,,cap water or for the storage of ,,cap water in an underground storage facility or groundwater savings facility4 7,o7 ,lessee responsibility for charges 7i7 ,in general ,any lease or option to lease providing for the temporary delivery to other persons of any ,hualapai ,tribe ,,cap water shall require the lessee to pay the ,,cap operating agency all ,,cap fixed ,,om,r charges and all ,,cap pumping energy charges associated with the delivery of the leased water4 7ii7 ,no responsibility for payment ,neither the ,hualapai ,tribe nor the ,united ,states in any capacity shall be responsible for the payment of any charges associated with the delivery of the ,hualapai ,tribe ,,cap water leased to other persons4 7,p7 ,advance payment ,no ,hualapai ,tribe ,,cap water shall be delivered unless the ,,cap fixed ,,om,r charges and any applicable ,,cap pumping energy charges associated with the delivery of that water have been paid in advance4 7,q7 ,calculation ,the charges for delivery of the ,hualapai ,tribe ,,cap water pursuant to the ,hualapai ,tribe water delivery contract shall be calculated in accordance with the ,,cap repayment stipulation4 7,r7 ,,cap repayment ,for purposes of determining the allocation and repayment of costs of any stages of the ,,cap system constructed after ,november #ba1 #bjjg1 the costs associated with the delivery of the ,hualapai ,tribe ,,cap water1 regardless of whether the ,hualapai ,tribe ,,cap water is delivered for use by the ,hualapai ,tribe or in accordance with any lease1 option to lease1 exchange1 or option to exchange providing for the delivery to other persons of the ,hualapai ,tribe ,,cap water1 shall be-- 7i7 nonreimbursable2 and 7ii7 excluded from the repayment obligation of the ,central ,arizona ,water ,conservation ,district4 7,s7 ,nonreimbursable ,,cap construction costs 7i7 ,in general ,with respect to the costs associated with the construction of the ,,cap system allocable to the ,hualapai ,tribe-- 7,i7 the costs shall be nonreimbursable2 and 7,,ii7 the ,hualapai ,tribe shall have no repayment obligation for the costs4 7ii7 ,capital charges ,no ,,cap water service capital charges shall be due or payable for the ,hualapai ,tribe ,,cap water1 regardless of whether the water-- 7,i7 is delivered for use by the ,hualapai ,tribe2 or 7,,ii7 is delivered under any lease1 option to lease1 exchange1 or option to exchange the ,hualapai ,tribe ,,cap water entered into by the ,hualapai ,tribe4 7d7 ,colorado ,river accounting ,all ,hualapai ,tribe ,,cap water diverted directly from the ,colorado ,river shall be accounted for as deliveries of ,,cap water within the ,state4 #ab4 ,enforceability date 7a7 ,in general ,except as provided in subsection 7d71 the ,hualapai ,tribe water rights settlement agreement1 including the waivers and releases of claims described in section #g1 shall take effect and be fully enforceable1 and construction of the ,hualapai ,water ,project may begin1 on the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7#a7 to the extent that the ,hualapai ,tribe water rights settlement agreement conflicts with this ,act-- 7,a7 the ,hualapai ,tribe water rights settlement agreement has been revised through an amendment to eliminate the conflict2 and 7,b7 the revised ,hualapai ,tribe water rights settlement agreement1 including any exhibit to that agreement requiring execution by any party to the agreement1 has been executed by the required party2 7#b7 the waivers and releases of claims described in section #g have been executed by the ,hualapai ,tribe and the ,united ,states2 7#c7 the abstracts referenced in subparagraphs #d4h4a4b1 #d4h4b4a1 and #d4h4b4b of the ,hualapai ,tribe water rights settlement agreement have been completed by the ,hualapai ,tribe2 7#d7 the full amount described in section #f7;b77#f77;,a71 as adjusted by section #f7;b77#f77;,b71 has been deposited in the ,hualapai ,water ,project ,account2 7#e7 the full amount described in section #f7;c77#d77;,a71 as adjusted by section #f7;c77#d77;,b71 has been deposited in the ,hualapai ,,om,r ,trust ,account2 7#f7 the full amounts described in paragraphs 7#e77;,b77i7 and 7#g77;,b77i7 of section #f7;a7 have been appropriated2 7#g7 the ,gila ,river adjudication decree has been approved by the ,gila ,river adjudication court substantially in the form of the judgment and decree attached to the ,hualapai ,tribe water rights settlement agreement as exhibit #c4a4dc2 7#h7 the ,secretary has executed the ,hualapai ,tribe water delivery contract described in section #aa7;c72 and 7#i7 the ,secretary has issued a final ,record of ,decision approving the construction of the ,hualapai ,water ,project in a configuration substantially as described in section #f4 7b7 ,repeal on failure ,to meet enforceability date 7#a7 ,in general ,except as provided in paragraph 7#b71 if the ,secretary fails to publish in the ,federal ,register a statement of findings under subsection 7a7 by ,april #ae1 #bjbi-- 7,a7 this ,act is repealed2 and 7,b7 7i7 any action taken by the ,secretary and any contract or agreement entered into pursuant to this ,act shall be void2 and 7ii7 any amounts appropriated under section #f1 together with any investment earnings on those amounts1 less any amounts expended under section #f7;a77#i77;,b71 shall revert immediately to the general fund of the ,treasury4 7#b7 ,severability ,notwithstanding paragraph 7#a71 if the ,secretary fails to publish in the ,federal ,register a statement of findings under subsection 7a7 by ,april #ae1 #bjbi1 sections #i and #aj7;a7 shall remain in effect4 7c7 ,right ,to offset ,if the ,secretary has not published in the ,federal ,register the statement of findings under subsection 7a7 by ,april #ae1 #bjbi1 the ,united ,states shall be entitled to offset any ,federal amounts made available under section #f7;a77#i7 that were used or authorized for any use under that subsection against any claim asserted by the ,hualapai ,tribe against the ,united ,states described in section #g7;a77#b77;,a74 7d7 ,enforceability date for ,bill ,williams ,river phase #b water rights settlement agreement ,notwithstanding any other provision of this ,act1 the ,bill ,williams ,river phase #b water rights settlement agreement 7including the waivers and releases described in section #g7;d7 of this ,act and section #e of the ,bill ,williams ,river phase #b water rights settlement agreement7 shall take effect and become enforceable among the parties to the ,bill ,williams ,river phase #b water rights settlement agreement on the date on which all of the following conditions have occurred3 7#a7 ,the ,hualapai ,tribe water rights settlement agreement becomes enforceable pursuant to subsection 7a74 7#b7 ,freeport has submitted to the ,arizona ,department of ,water ,resources a conditional withdrawal of any objection to the ,bill ,williams ,river watershed instream flow applications pursuant to section #d4d7;i7 of the ,bill ,williams ,river phase #b water rights settlement agreement1 which withdrawal shall take effect on the enforceability date described in this subsection4 7#c7 ,not later than the enforceability date described in subsection 7a71 the ,arizona ,department of ,water ,resources has issued an appealable1 conditional decision and order for the ,bill ,williams ,river watershed instream flow applications pursuant to section #d4d7;iii7 of the ,bill ,williams ,river phase #b water rights settlement agreement1 which order shall become nonconditional and effective on the enforceability date described in this subsection4 7#d7 ,the conditional decision and order described in paragraph 7#c7-- 7,a7 becomes final2 and 7,b7 is not subject to any further appeal4 #ac4 ,administration 7a7 ,limited waiver of sovereign immunity 7#a7 ,waiver 7,a7 ,in general ,in any circumstance described in paragraph 7#b7-- 7i7 the ,united ,states or the ,hualapai ,tribe may be joined in the action described in the applicable subparagraph of that paragraph2 and 7ii7 subject to subparagraph 7,b71 any claim by the ,united ,states or the ,hualapai ,tribe to sovereign immunity from the action is waived4 7,b7 ,limitation ,a waiver under subparagraph 7,a77ii7-- 7i7 shall only be for the limited and sole purpose of the interpretation or enforcement of-- 7,i7 this ,act2 7,,ii7 the ,hualapai ,tribe water rights settlement agreement2 or 7,,iii7 in accordance with paragraph 7#b77;,d7-- 7aa7 the ,bill ,williams ,act2 or 7bb7 the ,bill ,williams agreements2 and 7ii7 shall not include any award against the ,hualapai ,tribe for money damages1 court costs1 or attorneys fees4 7#b7 ,circumstances described ,a circumstance referred to in paragraph 7#a77;,a7 is any of the following3 7,a7 ,any party to the ,hualapai ,tribe water rights settlement agreement-- 7i7 brings an action in any ,federal or ,state court relating only and directly to the interpretation or enforcement of-- 7,i7 this ,act2 or 7,,ii7 the ,hualapai ,tribe water rights settlement agreement2 and 7ii7 names the ,united ,states or the ,hualapai ,tribe as a party in that action4 7,b7 ,any landowner or water user in the ,verde ,river ,watershed or the ,colorado ,river basin within the ,state of ,arizona-- 7i7 brings an action in any ,federal or ,state court relating only and directly to the interpretation or enforcement of-- 7,i7 paragraph #aj4j of the ,hualapai ,tribe water rights settlement agreement2 or 7,,ii7 section #g2 and 7ii7 names the ,united ,states or the ,hualapai ,tribe as a party in that action4 7,c7 ,the ,state of ,california or the ,state of ,nevada-- 7i7 brings an action in any ,federal or ,state court relating only and directly to the interpretation or enforcement of a provision relating to the ,colorado ,river under-- 7,i7 paragraph #aj4j of the ,hualapai ,tribe water rights settlement agreement2 or 7,,ii7 section #g2 and 7ii7 names the ,united ,states or the ,hualapai ,tribe as a party in that action4 7,d7 ,any party to the ,bill ,williams agreements-- 7i7 brings an action in any ,federal or ,state court relating only and directly to the interpretation or enforcement of-- 7,i7 the ,bill ,williams ,act2 or 7,,ii7 the ,bill ,williams agreements2 and 7ii7 names the ,united ,states or the ,hualapai ,tribe as a party in that action4 7b7 ,antideficiency ,notwithstanding any authorization of appropriations to carry out this ,act1 the ,united ,states shall not be liable for any failure of the ,united ,states to carry out any obligation or activity authorized by this ,act 7including all titles and all agreements or exhibits ratified or confirmed by this ,act7 if-- 7#a7 adequate appropriations are not provided expressly by ,congress to carry out the purposes of this ,act2 or 7#b7 there are not enough monies available to carry out this ,act in the ,lower ,colorado ,river ,basin ,development ,fund established by section #djc7;a7 of the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aedc7;a774 7c7 ,application of ,reclamation ,reform ,act of #aihb ,the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cij;aa et seq47 and any other acreage limitation or full-cost pricing provision of ,federal law shall not apply to any person1 entity1 or tract of land solely on the basis of-- 7#a7 receipt of any benefit under this ,act2 7#b7 execution or performance of this ,act2 or 7#c7 the use1 storage1 delivery1 lease1 or exchange of ,,cap water4 7d7 ,effect 7#a7 ,definition of ,colorado ,river water ,the definition of ,colorado ,river water contained in section #c1 or in any provision of the ,hualapai ,tribe water rights settlement agreement-- 7,a7 shall only be used for purposes of interpreting this ,act or the ,hualapai ,tribe water rights settlement agreement1 as applicable2 and 7,b7 shall not be used for any interpretation of any other applicable provision of ,federal law1 including-- 7i7 the ,colorado ,river ,compact2 7ii7 section #e of the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fag;d72 7iii7 the ,colorado ,river ,basin ,project ,act 7,public ,law #ij-ecg2 #hb ,stat4 #hhe72 and 7iv7 any contract or agreement entered into pursuant to a law described in clause 7i71 7ii71 or 7iii74 7#b7 ,no modification or preemption of other law ,unless expressly provided in this ,act1 nothing in this ,act modifies1 conflicts with1 preempts1 or otherwise affects-- 7,a7 the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fag et seq472 7,b7 the ,boulder ,canyon ,project ,adjustment ,act 7#dc ,u4,s4,c4 #fah et seq472 7,c7 the ,act of ,april #aa1 #aief 7commonly known as the ,colorado ,river ,storage ,project ,act 7#dc ,u4,s4,c4 #fbj et seq4772 7,d7 the ,colorado ,river ,basin ,project ,act 7,public ,law #ij-ecg2 #hb ,stat4 #hhe72 7,e7 the ,treaty between the ,united ,states of ,america and ,mexico respecting utilization of waters of the ,colorado and ,tijuana ,rivers and of the ,rio ,grande1 signed at ,washington ,february #c1 #aidd 7#ei ,stat4 #abai72 7,f7 the ,colorado ,river ,compact2 7,g7 the ,upper ,colorado ,river ,basin ,compact2 7,h7 the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #iia72 or 7,i7 case law concerning water rights in the ,colorado ,river system other than any case to enforce the ,hualapai ,tribe water rights settlement agreement or this ,act4 7#c7 ,effect on agreements ,nothing in this ,act or the ,hualapai ,tribe water rights settlement agreement limits the right of the ,hualapai ,tribe to enter into any agreement for the storage or banking of water in accordance with ,state law with-- 7,a7 the ,arizona ,water ,banking ,authority 7or a successor agency or entity72 or 7,b7 any other lawful authority4 7#d7 ,effect of ,act ,nothing in this ,act-- 7,a7 quantifies or otherwise affects the water rights1 claims1 or entitlements to water of any ,indian tribe1 nation1 band1 or community1 other than the ,hualapai ,tribe2 7,b7 affects the ability of the ,united ,states to take action on behalf of any ,indian tribe1 nation1 band1 or community1 other than the ,hualapai ,tribe1 the members of the ,hualapai ,tribe1 and the allottees2 or 7,c7 limits the right of the ,hualapai ,tribe to use any water of the ,hualapai ,tribe in any location on the ,hualapai ,reservation4