#aagth ,,congress #b;d ,session ,s4 #dajd ,,an ,,act ,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 #bjbb4 #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 agreement1 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 funds necessary to carry out 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 ,central ,arizona ,project2 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 enforceability date ,the term ,bill ,williams ,river ,phase #b ,enforceability ,date means the date described in section #ad7;d74 7#i7 ,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#aj7 ,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#aa7 ,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#ab7 ,cap fixed omr charge ,the term ,,cap fixed ,,om,r charge has the meaning given the term ,fixed ,,om,r ,charge in the ,,cap repayment stipulation4 7#ac7 ,cap mi priority water ,the term ,,cap ,m,i priority water means water within the available ,,cap supply having a municipal and industrial delivery priority4 7#ad7 ,cap nia priority water ,the term ,,cap ,,nia priority water means water within the available ,,cap supply having a non-,indian agricultural delivery priority4 7#ae7 ,cap operating agency ,the term ,,cap operating agency means-- 7,a7 the #a 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#af7 ,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#ag7 ,cap repayment contract ,the term ,,cap repayment contract means-- 7,a7 the contract dated ,december #a1 #aihh 7,contract ,no4 #ad-jf-,w-#bde1 ,amendment ,no4 #a71 between the ,united ,states and the ,central ,arizona ,water ,conservation ,district for the ,delivery of ,water and ,repayment of ,costs of the ,central ,arizona ,project2 and 7,b7 any amendment to1 or revision of1 that contract4 7#ah7 ,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#ai7 ,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#bj7 ,cap subcontractor ,the term ,,cap subcontractor means a person that has entered into a ,,cap subcontract4 7#ba7 ,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#bb7 ,cap water ,the term ,,cap water has the meaning given the term ,project ,water in the ,,cap repayment stipulation4 7#bc7 ,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#bd7 ,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#be7 ,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#bf7 ,colorado river water entitlement ,the term ,colorado ,river water entitlement means the right or authorization to use ,colorado ,river water in the ,state through a mainstem contract with the ,secretary pursuant to section #e of the ,boulder ,canyon ,project ,act 7#dc ,u4,s4,c4 #fag;d74 7#bg7 ,diversion ,the term diversion means an act to divert4 7#bh7 ,divert ,the term divert means to receive1 withdraw1 develop1 produce1 or capture water using-- 7,a7 a ditch1 canal1 flume1 bypass1 pipeline1 pit1 collection or infiltration gallery1 conduit1 well1 pump1 turnout1 dam1 or any other mechanical device2 or 7,b7 any other act of man4 7#bi7 ,domestic purpose 7,a7 ,in general ,the term domestic purpose means any use relating to the supply1 service1 or activity of a household or private residence4 7,b7 ,inclusions ,the term domestic purpose includes the application of water to not more than #b acres of land to produce a plant or parts of a plant for-- 7i7 sale or human consumption2 or 7ii7 use as feed for livestock1 range livestock1 or poultry4 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 regardless or whether 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 #ad7;a74 7#cb7 ,exchange ,the term exchange means a trade between #a 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 quantities 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 after ,september #cj1 #aifh1 for use on ,federal1 ,state1 or privately owned land in the ,state1 in a total quantity of 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 ,freeport ,minerals ,corporation1 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 by a tribally owned corporation4 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 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 sections #aa and #ab4 7#db7 ,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#dc7 ,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 #ac4 7#dd7 ,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 #ac7;c7 for the delivery of ,hualapai ,tribe ,,cap water4 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 ,hualapai ,tribe ,water ,rights ,settlement ,agreement and dated ,february #aa1 #bjai4 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 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#dg7 ,hualapai water project ,the term ,hualapai ,water ,project means the project constructed in accordance with section #f7;a77#g77;,a74 7#dh7 ,hualapai water trust fund account ,the term ,hualapai ,water ,trust ,fund ,account means the account established under section #f7;a77#a74 7#di7 ,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#ej7 ,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#ea7 ,lower basin ,the term lower basin has the meaning given the term in article ,,ii7g7 of the ,colorado ,river ,compact4 7#eb7 ,lower colorado river basin development fund ,the term ,lower ,colorado ,river ,basin ,development ,fund means the fund established by section #djc7;a7 of the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aedc7;a774 7#ec7 ,member ,the term member means any person duly enrolled as a member of the ,hualapai ,tribe4 7#ed7 ,,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#ee7 ,parcel #a ,the term ,parcel #a means the parcel of land that is-- 7,a7 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 held in trust for certain allottees4 7#ef7 ,parcel #b ,the term ,parcel #b means the parcel of land that is-- 7,a7 depicted as ,parcel #b on the map attached to the ,hualapai ,tribe water rights settlement agreement as ,exhibit #c4a4f2 and 7,b7 held in trust for certain allottees4 7#eg7 ,parcel #c ,the term ,parcel #c means the parcel of land that is-- 7,a7 depicted as ,parcel #c on the map attached to the ,hualapai ,tribe water rights settlement agreement as ,exhibit #c4a4f2 7,b7 held in trust for the ,hualapai ,tribe2 and 7,c7 part of the ,hualapai ,reservation pursuant to ,executive ,order #acfh1 dated ,june #b1 #aiaa4 7#eh7 ,party ,the term party means a person that is a signatory to the ,hualapai ,tribe water rights settlement agreement4 7#ei7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#fj7 ,state ,the term ,state means the ,state of ,arizona4 7#fa7 ,stock watering ,the term stock watering means the watering of livestock1 range livestock1 or poultry4 7#fb7 ,surface water ,the term surface water means all water in the ,state that is appropriable under ,state law4 7#fc7 ,truxton basin ,the term ,truxton ,basin means the groundwater aquifer described in the report issued by the ,united ,states ,geological ,survey entitled ,groundwater ,availability in the ,truxton ,basin1 ,northwestern ,arizona1 ,scientific ,investigations ,report ,no4 #bjbj-ejag-;,a4 7#fd7 ,water ,the term water1 when used without a modifying adjective1 means-- 7,a7 groundwater2 7,b7 surface water2 7,c7 effluent2 and 7,d7 ,colorado ,river water4 7#fe7 ,water right ,the term water right means any right 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 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 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 ,in implementing 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 the ,secretary shall 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 seq471 including the implementing regulations of that ,act2 and 7,c7 all other applicable ,federal environmental laws and regulations4 7#b7 ,compliance 7,a7 ,in general ,in implementing the ,hualapai ,tribe water rights settlement agreement and this ,act1 the ,hualapai ,tribe shall prepare any necessary environmental documents1 consistent with all applicable provisions of-- 7i7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7ii7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 including the implementing regulations of that ,act2 and 7iii7 all other applicable ,federal environmental laws and regulations4 7,b7 ,authorizations ,the ,secretary shall-- 7i7 independently evaluate the documentation submitted under subparagraph 7,a72 and 7ii7 be responsible for the accuracy1 scope1 and contents of that documentation4 7#c7 ,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 #ab7;e77#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 #ab7;e77#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 in 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 in 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 ,hualapai ,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 #ac4 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 any ,colorado ,river water entitlement for use or storage under paragraph 7#a7 or 7#b71 respectively1 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 a ,colorado ,river water entitlement from the ,hualapai ,tribe under paragraph 7#d71 may transport ,colorado ,river water available under the ,colorado ,river water entitlement through the ,central ,arizona ,project in accordance with all laws of the ,united ,states and the agreements between the ,united ,states and the ,central ,arizona ,water ,conservation ,district governing the use of the ,central ,arizona ,project to transport water other than ,,cap 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 7g7 ,groundwater transportation 7#a7 ,fee land ,groundwater may be transported in accordance with ,state law away from ,hualapai fee land and away from land acquired in fee by the ,hualapai ,tribe1 including by a tribally owned corporation1 after the ,enforceability ,date4 7#b7 ,land added to hualapai reservation ,groundwater may be transported in accordance with ,state law away from land added to the ,hualapai ,reservation by sections #aa and #ab to other land within the ,hualapai ,reservation4 #f4 ,hualapai water trust fund account2 construction of hualapai water project2 funding 7a7 ,hualapai water trust fund account 7#a7 ,establishment ,the ,secretary shall establish a trust fund account1 to be known as the ,hualapai ,water ,trust ,fund ,account1 to be managed1 invested1 and distributed by the ,secretary and to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury1 consisting of the amounts deposited in the ,hualapai ,water ,trust ,fund ,account under paragraph 7#b71 together with any interest earned on those amounts1 for the purposes of carrying out this ,act4 7#b7 ,deposits ,the ,secretary shall deposit in the ,hualapai ,water ,trust ,fund ,account the amounts made available pursuant to section #g7;a77#a74 7#c7 ,management and interest 7,a7 ,management ,on receipt and deposit of funds into the ,hualapai ,water ,trust ,fund ,account1 the ,secretary shall manage1 invest1 and distribute all amounts in the ,hualapai ,water ,trust ,fund ,account in a manner that is consistent with the investment authority of the ,secretary under-- 7i7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 7ii7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq472 and 7iii7 this subsection4 7,b7 ,investment earnings ,in addition to the deposits made to the ,hualapai ,water ,trust ,fund ,account under paragraph 7#b71 any investment earnings1 including interest1 credited to amounts held in the ,hualapai ,water ,trust ,fund ,account are authorized to be appropriated to be used in accordance with paragraph 7#g74 7#d7 ,availability of amounts 7,a7 ,in general ,amounts appropriated to1 and deposited in1 the ,hualapai ,water ,trust ,fund ,account1 including any investment earnings1 shall be made available to the ,hualapai ,tribe by the ,secretary beginning on the ,enforceability ,date1 subject to the requirements of this section4 7,b7 ,use ,notwithstanding subparagraph 7,a71 amounts deposited in the ,hualapai ,water ,trust ,fund ,account shall be available to the ,hualapai ,tribe on the date on which the amounts are deposited for environmental compliance1 as provided in section #h4 7#e7 ,withdrawals 7,a7 ,withdrawals under the american indian trust fund management reform act of #aiid 7i7 ,in general ,the ,hualapai ,tribe may withdraw any portion of the amounts in the ,hualapai ,water ,trust ,fund ,account on approval by the ,secretary of a ,tribal management plan submitted by the ,tribe in accordance with the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq474 7ii7 ,requirements ,in addition to the requirements under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 the ,tribal management plan under this subparagraph shall require that the ,hualapai ,tribe spend all amounts withdrawn from the ,hualapai ,water ,trust ,fund ,account and any investment earnings accrued through the investments under the ,tribal management plan in accordance with this ,act4 7iii7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce the ,tribal management plan under this subparagraph to ensure that amounts withdrawn by the ,hualapai ,tribe from the ,hualapai ,water ,trust ,fund ,account under clause 7i7 are used in accordance with this ,act4 7,b7 ,withdrawals under expenditure plan 7i7 ,in general ,the ,hualapai ,tribe may submit to the ,secretary a request to withdraw funds from the ,hualapai ,water ,trust ,fund ,account pursuant to an approved expenditure plan4 7ii7 ,requirements ,to be eligible to withdraw amounts under an expenditure plan under this subparagraph1 the ,hualapai ,tribe shall submit to the ,secretary an expenditure plan for any portion of the ,hualapai ,water ,trust ,fund ,account that the ,hualapai ,tribe elects to withdraw pursuant to this subparagraph1 subject to the condition that the amounts shall be used for the purposes described in this ,act4 7iii7 ,inclusions ,an expenditure plan under this subparagraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the ,hualapai ,water ,trust ,fund ,account will be used by the ,hualapai ,tribe1 in accordance with paragraph 7#g74 7iv7 ,approval ,the ,secretary shall approve an expenditure plan submitted under clause 7ii7 if the ,secretary determines that the plan-- 7,i7 is reasonable2 and 7,,ii7 is consistent with1 and will be used for1 the purposes of this ,act4 7v7 ,enforcement ,the ,secretary may carry out such judicial and administrative actions as the ,secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this subparagraph are used in accordance with this ,act4 7#f7 ,effect ,nothing in this section gives the ,hualapai ,tribe the right to judicial review of a determination of the ,secretary relating to whether to approve a ,tribal management plan under paragraph 7#e77;,a7 or an expenditure plan under paragraph 7#e77;,b7 except under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act74 7#g7 ,uses ,amounts from the ,hualapai ,water ,trust ,fund ,account shall be used by the ,hualapai ,tribe-- 7,a7 to plan1 design1 construct1 and conduct related activities1 including compliance with ,federal environmental laws under section #h1 the ,hualapai ,water ,project1 which shall be designed to divert1 treat1 and convey up to #c1dad ,,afy of water from the ,colorado ,river in the lower basin in the ,state1 including locations on or directly adjacent to the ,hualapai ,reservation1 for municipal1 commercial1 and industrial uses on the ,hualapai ,reservation2 7,b7 to perform ,,om,r on the ,hualapai ,water ,project2 7,c7 to construct facilities to transport electrical power to pump water for the ,hualapai ,water ,project2 7,d7 to construct1 repair1 and replace such infrastructure as may be necessary for groundwater wells on the ,hualapai ,reservation and to construct infrastructure for delivery and use of such groundwater on the ,hualapai ,reservation2 7,e7 to acquire land1 interests in land1 and water rights outside the exterior boundaries of the ,hualapai ,reservation that are located in the ,truxton ,basin2 7,f7 to reimburse the ,hualapai ,tribe for any-- 7i7 planning1 design1 and engineering costs associated with the ,hualapai ,water ,project that the ,hualapai ,tribe incurs using ,tribal funds during the period-- 7,i7 beginning on the date of enactment of this ,act2 and 7,,ii7 ending on the ,enforceability ,date2 and 7ii7 construction costs associated with the ,hualapai ,water ,project that the ,hualapai ,tribe incurs using ,tribal funds during the period-- 7,i7 beginning on the date on which the ,secretary issues a record of decision2 and 7,,ii7 ending on the ,enforceability ,date2 and 7,g7 to make contributions to the ,economic ,development ,fund described in section #h4a of the ,amended and ,restated ,hualapai ,tribe ,bill ,williams ,river ,water ,rights ,settlement ,agreement for the purpose of purchasing additional ,colorado ,river water entitlements and appurtenant land4 7#h7 ,liability ,the ,secretary and the ,secretary of the ,treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the ,hualapai ,water ,trust ,fund ,account by the ,hualapai ,tribe under paragraph 7#e74 7#i7 ,title to infrastructure ,title to1 control over1 and operation of any project constructed using funds from the ,hualapai ,water ,trust ,fund ,account shall remain in the ,hualapai ,tribe4 7#aj7 ,,om,r ,all ,,om,r costs of any project constructed using funds from the ,hualapai ,water ,trust ,fund ,account shall be the responsibility of the ,hualapai ,tribe4 7#aa7 ,no per capita distributions ,no portion of the ,hualapai ,water ,trust ,fund ,account shall be distributed on a per capita basis to any member of the ,hualapai ,tribe4 7#ab7 ,expenditure reports ,the ,hualapai ,tribe shall annually submit to the ,secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a ,tribal management plan or an expenditure plan under this ,act4 7b7 ,hualapai ,water ,settlement ,implementation ,fund ,account 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a nontrust1 interest-bearing account1 to be known as the ,hualapai ,water ,settlement ,implementation ,fund ,account 7referred to in this subsection as the ,implementation ,fund ,account7 to be managed and distributed by the ,secretary1 for use by the ,secretary for carrying out this ,act4 7#b7 ,deposits ,the ,secretary shall deposit in the ,implementation ,fund ,account the amounts made available pursuant to section #g7;a77#b74 7#c7 ,uses ,the ,implementation ,fund ,account shall be used by the ,secretary to carry out section #ae7;c71 including for groundwater monitoring in the ,truxton ,basin4 7#d7 ,interest ,in addition to the deposits under paragraph 7#b71 any investment earnings1 including interest1 credited to amounts unexpended in the ,implementation ,fund ,account are authorized to be appropriated to be used in accordance with paragraph 7#c74 #g4 ,authorizations of appropriations 7a7 ,authorizations 7#a7 ,hualapai water trust fund account ,there is authorized to be appropriated to the ,secretary for deposit in the ,hualapai ,water ,trust ,fund ,account #cab1jjj1jjj1 to be available until expended1 withdrawn1 or reverted to the general fund of the ,treasury4 7#b7 ,hualapai water settlement implementation fund account ,there is authorized to be appropriated to the ,secretary for deposit in the ,hualapai ,water ,settlement ,implementation ,fund account established by section #f7;b77#a7 #e1jjj1jjj4 7#c7 ,prohibition ,notwithstanding any other provision of law1 any amounts made available under paragraph 7#a7 or 7#b7 shall not be made available from the ,reclamation ,water ,settlements ,fund established by section #ajeja7;a7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #djg7;a774 7b7 ,fluctuation in costs 7#a7 ,in general ,the amount authorized to be appropriated under subsection 7a77#a7 shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this ,act1 as indicated by the ,bureau of ,reclamation ,construction ,cost ,index--,composite ,trend4 7#b7 ,construction costs adjustment ,the amount authorized to be appropriated under subsection 7a77#a7 shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the ,secretary1 including repricing applicable to the types of construction and current industry standards involved4 7#c7 ,repetition ,the adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7#d7 ,period of indexing ,the period of indexing adjustment for any increment of funding shall end on the date on which the funds are deposited in the ,hualapai ,water ,trust ,fund ,account4 #h4 ,environmental compliance 7a7 ,in general ,effective beginning on the date of deposit of funds in the ,hualapai ,water ,trust ,fund ,account1 the ,hualapai ,tribe may commence any environmental1 cultural1 and historical compliance activities necessary to implement the ,hualapai ,tribe water rights settlement agreement 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 seq471 including the implementing regulations of that ,act2 and 7#c7 all other applicable ,federal environmental or historical and cultural protection laws and regulations4 7b7 ,no effect on outcome ,nothing in this ,act affects or directs the outcome of any analysis under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 or any other applicable ,federal environmental or historical and cultural protection law4 7c7 ,compliance costs ,any costs associated with the performance of the compliance activities under subsection 7a7 shall be paid from funds deposited in the ,hualapai ,water ,trust ,fund ,account1 subject to the condition that any costs associated with the performance of ,federal approval or other review of such compliance work or costs associated with inherently ,federal functions shall remain the responsibility of the ,secretary4 7d7 ,record of decision ,construction of the ,hualapai ,water ,project shall not commence until the ,secretary issues a record of decision after completion of an environmental impact statement for the ,hualapai ,water ,project4 7e7 ,construction costs ,any costs of construction incurred by the ,hualapai ,tribe during the period beginning on the date on which the ,secretary issues a record of decision and ending on the ,enforceability ,date shall be paid by the ,hualapai ,tribe and not from funds deposited in the ,hualapai ,water ,trust ,fund ,account1 subject to the condition that1 pursuant to section #f7;a77#g77;,f71 the ,hualapai ,tribe may be reimbursed after the ,enforceability ,date from the ,hualapai ,water ,trust ,fund ,account for any such costs of construction incurred by the ,hualapai ,tribe prior to the ,enforceability ,date4 #i4 ,waivers1 releases1 and retentions of claims 7a7 ,waivers and releases of claims by the 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 surface water1 ,colorado ,river water1 or effluent 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 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 ,tribe1 with respect to ,parcel #c1 in excess of #cjj ,,afy2 7viii7 claims for injury to water rights arising after the ,enforceability ,date for ,hualapai land resulting from the off-reservation diversion or use of groundwater from-- 7,i7 any well constructed outside of the ,truxton ,basin on or before the date of enactment of this ,act2 7,,ii7 any well constructed outside of the ,truxton ,basin1 and not more than #b miles from the exterior boundaries of the ,hualapai ,reservation1 after the date of enactment of this ,act if-- 7aa7 the well was constructed to replace a well in existence on the date of enactment of this ,act2 7bb7 the replacement well was constructed within #ffj feet of the well being replaced2 and 7cc7 the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced2 or 7,,iii7 any well constructed outside the ,truxton ,basin1 and not less than #b miles from the exterior boundaries of the ,hualapai ,reservation1 after the date of enactment of this ,act1 subject to the condition that the authorizations and restrictions regarding the location1 size1 and operation of wells in the ,bill ,williams ,river watershed set forth in the ,bill ,williams agreements and the ,bill ,williams ,act1 and the waivers of claims in the ,bill ,williams agreements and the ,bill ,williams ,act1 shall continue to apply to the parties to the ,bill ,williams agreements1 notwithstanding the provisions of this subsection2 and 7ix7 claims for injury to water rights arising after the ,enforceability ,date1 for ,hualapai land1 resulting from the off-reservation diversion or use of groundwater in the ,truxton ,basin from-- 7,i7 any well constructed within the ,truxton ,basin for domestic purposes or stock watering-- 7aa7 on or before the date on which the ,secretary provides written notice to the ,state pursuant to section #ae7;c77#b72 or 7bb7 after the date on which the ,secretary provides written notice to the ,state pursuant to that section if-- 7,,aa7 the well was constructed to replace a well in existence on the date on which the notice was provided2 7,,bb7 the replacement well was constructed within #ffj feet of the well being replaced2 and 7,,cc7 the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced2 and 7,,ii7 any well constructed within the ,truxton ,basin for purposes other than domestic purposes or stock watering-- 7aa7 on or before the date of enactment of this ,act2 7bb7 after the date of enactment of this ,act if the ,secretary has not provided written notice to the ,state pursuant to section #ae7;c77#b72 or 7cc7 after the date of enactment of this ,act if the ,secretary has provided written notice to the ,state pursuant to section #ae7;c77#b7 and if-- 7,,aa7 the well was constructed to replace a well in existence on the on which date the notice was provided2 7,,bb7 the replacement well was constructed within #ffj feet of the well being replaced2 and 7,,cc7 the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced4 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 ,hualapai ,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 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 ,tribe2 and 7viii7 to assert claims for injury to water rights arising after the ,enforceability ,date for ,hualapai land resulting from any off-reservation diversion or use of groundwater1 without regard to quantity1 from-- 7,i7 any well constructed after the date of enactment of this ,act outside of the ,truxton ,basin and not more than #b miles from the exterior boundaries of the ,hualapai ,reservation1 except a replacement well described in subparagraph 7,a77viii77,,ii71 subject to the authorizations and restrictions regarding the location1 size1 and operation of wells in the ,bill ,williams ,river watershed1 and the waivers of claims1 set forth in the ,bill ,williams agreements and the ,bill ,williams ,act2 7,,ii7 any well constructed within the ,truxton ,basin for domestic purposes or stock watering after the date on which the ,secretary has provided written notice to the ,state pursuant to section #ae7;c77#b71 except for a replacement well described in subparagraph 7,a77ix77,i77bb72 and 7,,iii7 any well constructed within the ,truxton ,basin for purposes other than domestic purposes or stock watering after the date of enactment of this ,act1 if the ,secretary has provided notice to the ,state pursuant to section #ae7;c77#b71 except for a replacement well as described in subparagraph 7,a77ix77,,ii77cc74 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 surface water1 ,colorado ,river water1 or effluent in a manner not in violation of the ,hualapai ,tribe water rights settlement agreement or ,state law2 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 ,act2 7viii7 claims for injury to water rights arising after the ,enforceability ,date for ,hualapai land resulting from the off-,reservation diversion or use of groundwater from-- 7,i7 any well constructed on public domain land outside of the ,truxton ,basin on or before the date of enactment of this ,act2 7,,ii7 any well constructed on public domain land outside of the ,truxton ,basin1 and not more than #b miles from the exterior boundaries of the ,hualapai ,reservation1 after the date of enactment of this ,act if-- 7aa7 the well was constructed to replace a well in existence on the date of enactment of this ,act2 7bb7 the replacement well was constructed within #ffj feet of the well being replaced2 and 7cc7 the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced2 or 7,,iii7 any well constructed on public domain land outside of the ,truxton ,basin1 and not less than #b miles from the exterior boundaries of the ,hualapai ,reservation1 after the date of enactment of this ,act1 subject to the condition that the authorizations and restrictions regarding the location1 size1 and operation of wells in the ,bill ,williams ,river watershed set forth in the ,bill ,williams agreements and the ,bill ,williams ,act1 and the waivers of claims in the ,bill ,williams agreements and the ,bill ,williams ,act1 shall continue to apply to the parties to the ,bill ,williams agreements1 notwithstanding the provisions of this subsection2 and 7ix7 claims for injury to water rights arising after the ,enforceability ,date for ,hualapai land resulting from the off-reservation diversion or use of groundwater in the ,truxton ,basin from-- 7,i7 any well constructed on public domain land within the ,truxton ,basin for domestic purposes or stock watering-- 7aa7 on or before the date on which the ,secretary provides written notice to the ,state pursuant to section #ae7;c77#b72 or 7bb7 after the date on which the ,secretary provides written notice to the ,state pursuant to that section if-- 7,,aa7 the well was constructed to replace a well in existence on the date on which the notice was provided2 7,,bb7 the replacement well was constructed within #ffj feet of the well being replaced2 and 7,,cc7 the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced2 and 7,,ii7 any well constructed on public domain land within the ,truxton ,basin for purposes other than domestic purposes or stock watering-- 7aa7 on or before the date of enactment of this ,act2 7bb7 after the date of enactment of this ,act if the ,secretary has not provided written notice to the ,state pursuant to section #ae7;c77#b72 or 7cc7 after the date of enactment of this ,act if the ,secretary has provided written notice to the ,state pursuant to section #ae7;c77#b7 and if-- 7,,aa7 the well was constructed to replace a well in existence on the date on which the notice was provided2 7,,bb7 the replacement well was constructed within #ffj feet of the well being replaced2 and 7,,cc7 the pumping capacity and case diameter of the replacement well do not exceed the pumping capacity and case diameter of the well being replaced4 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 ,hualapai ,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 fee 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 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 ,tribe2 and 7viii7 to assert any claims for injury to water rights arising after the ,enforceability ,date for ,hualapai land resulting from any off-reservation diversion or use of groundwater1 without regard to quantity1 from-- 7,i7 any well constructed after the date of enactment of this ,act on public domain land outside of the ,truxton ,basin and not more than #b miles from the exterior boundaries of the ,hualapai ,reservation1 except for a replacement well described in subparagraph 7,a77viii77,,ii71 subject to the authorizations and restrictions regarding the location1 size1 and operation of wells in the ,bill ,williams ,river watershed1 and the waivers of claims1 set forth in the ,bill ,williams agreements and the ,bill ,williams ,act2 7,,ii7 any well constructed on public domain land within the ,truxton ,basin for domestic purposes or stock watering after the date on which the ,secretary has provided written notice to the ,state pursuant to section #ae7;c77#b71 except for a replacement well described in subparagraph 7,a77ix77,i77bb72 and 7,,iii7 any well constructed on public domain land within the ,truxton ,basin for purposes other than domestic purposes or stock watering after the date of enactment of this ,act1 if the ,secretary has provided notice to the ,state pursuant to section #ae7;c77#b71 except for a replacement well as described in subparagraph 7,a77ix77,,ii77cc74 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 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 ,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 under 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 that paragraph1 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 ,bill ,williams ,river ,phase #b ,enforceability ,date 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 ,bill ,williams ,river ,phase #b ,enforceability ,date4 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 and 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 #aj4 ,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 ,tribe 7but not members in the capacity of the members as allottees71 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 ,tribe 7but not members in the capacity of the members as allottees71 and the ,united ,states1 acting in the capacity of the ,united ,states as trustee for the ,hualapai ,tribe and the members of the ,hualapai ,tribe 7but not members in the capacity of the members as allottees74 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 confirmed1 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 #aa4 ,land added to ,hualapai reservation ,the following land in the ,state is added to the ,hualapai ,reservation3 7#a7 ,public ,law #ic-efj ,the land held in trust by the ,united ,states for the ,hualapai ,tribe pursuant to the first section of ,public ,law #ic-efj 7#hh ,stat4 #ahbj74 7#b7 #aidg judgment ,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 7#c7 ,truxton triangle ,that portion of the ,s#ab 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#d7 ,hunt parcel #d ,,sw#ad,,ne#ad sec4 #g1 ,t4 #be ,n41 ,r4 #ac ,w41 ,gila and ,salt ,river ,base and ,meridian1 ,mohave ,county1 ,arizona4 7#e7 ,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#ad,,sw#ad sec4 #i2 and 7,b7 ,,nw#ad,,se#ad sec4 #bg4 7#f7 ,hunt parcel #c ,,sw#ad,,ne#ad sec4 #be1 ,t4 #bg ,n41 ,r4 #ae ,w41 ,gila and ,salt ,river ,base and ,meridian1 ,mohave ,county1 ,arizona4 7#g7 ,hunt parcel #e ,in sec4 #a1 ,t4 #be ,n41 ,r4 #ad ,w41 ,gila and ,salt ,river ,base and ,meridian1 ,mohave ,county1 ,arizona-- 7,a7 ,,se#a_/d2 7,b7 ,e#a_/b,,sw#a_/d2 and 7,c7 ,,sw#a_/d,,sw#a_/d4 7#h7 ,valentine cemetery parcel ,w#a_/b,,nw#a_/d,,sw#a_/d sec4 #bb1 ,t4 #bc ,n41 ,r4 #ac ,w41 ,gila and ,salt ,river ,base and ,meridian1 ,mohave ,county1 ,arizona1 excepting and reserving to the ,united ,states a right-of-way for ditches or canals constructed by the authority of the ,united ,states1 pursuant to the ,act of ,august #cj1 #ahij 7#dc ,u4,s4,c4 #ide74 #ab4 ,trust land 7a7 ,land ,to be taken into trust 7#a7 ,in general ,on the date of enactment of this ,act1 the ,secretary is authorized and directed to take legal title to the land described in paragraph 7#b7 and hold such land in trust for the benefit of the ,hualapai ,tribe4 7#b7 ,cholla canyon ranch parcels ,the land referred to in paragraph 7#a7 is1 in ,t4 #af ,n41 ,r4 #ac ,w41 ,gila and ,salt ,river ,base and ,meridian1 ,mohave ,county1 ,arizona-- 7,a7 ,,sw#ad sec4 #be2 and 7,b7 ,,ne#ad and ,,ne#ad ,,se#ad sec4 #ce4 7b7 ,reservation status ,the land taken into trust under subsection 7a7 shall be part of the ,hualapai ,reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the ,united ,states for an ,indian ,tribe4 7c7 ,valid existing rights ,the land taken into trust under subsection 7a7 shall be subject to valid existing rights1 including easements1 rights-of-way1 contracts1 and management agreements4 7d7 ,limitations ,nothing in subsection 7a7 affects-- 7#a7 any water right of the ,hualapai ,tribe in existence under ,state law before the date of enactment of this ,act2 or 7#b7 any right or claim of the ,hualapai ,tribe to any land or interest in land in existence before the date of enactment of this ,act4 7e7 ,future trust land 7#a7 ,new statutory requirement ,effective beginning on the date of enactment of this ,act1 and except as provided in subsection 7a71 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 #ac4 ,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 ,central ,arizona ,project ,settlement ,act of #bjjd 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 ,central ,arizona ,project ,settlement ,act of #bjjd 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 the ,state 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 subparagraph to be effected by the diversion and use of water directly from the ,colorado ,river in the ,state4 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 the ,state1 and not in ,navajo1 ,apache1 or ,cochise ,counties1 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 or options to lease under subparagraph 7,e7 shall be for a term of not more than #ajj years4 7ii7 ,exchanging ,contracts or 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 to 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 contract to 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 the ,state for any purpose4 7ii7 ,storage ,the ,hualapai ,tribe1 in accordance with ,state law1 may store the ,hualapai ,tribe ,,cap water at #a 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 the ,state4 7,l7 ,cap fixed omr charges 7i7 ,in general ,the ,,cap operating agency shall be paid the ,,cap fixed ,,om,r charges associated with the delivery of all ,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 ,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 ,hualapai ,tribe ,,cap water is delivered-- 7,i7 for use by the ,hualapai ,tribe2 or 7,,ii7 under any lease1 option to lease1 exchange1 or option to exchange 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 #ad4 ,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 #i1 shall take effect and be fully enforceable on the date on which the ,secretary publishes in the ,federal ,register a statement of findings that-- 7#a7 to the extent 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 exhibits requiring execution by any party to the ,hualapai ,tribe water rights settlement agreement1 has been executed by the required party2 7#b7 the waivers and releases of claims described in section #i have been executed by the ,hualapai ,tribe and the ,united ,states2 7#c7 the abstracts referred to 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 #g7;a77#a71 as adjusted by section #g7;b71 has been deposited in the ,hualapai ,water ,trust ,fund ,account2 7#e7 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 #c4a4dc1 as amended to ensure consistency with this ,act2 and 7#f7 the ,secretary has executed the ,hualapai ,tribe water delivery contract described in section #ac7;c74 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 #bjbi1 or such alternative later date as may be agreed to by the ,hualapai ,tribe1 the ,secretary1 and the ,state-- 7,a7 this ,act is repealed2 7,b7 any action taken by the ,secretary and any contract or agreement entered into pursuant to this ,act shall be void2 and 7,c7 any amounts appropriated under section #g1 together with any investment earnings on those amounts1 less any amounts expended under section #f7;a77#d77;,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 or such alternative later date as may be agreed to by the ,hualapai ,tribe1 the ,secretary1 and the ,state1 section #aa and subsections 7a71 7b71 7c71 and 7d7 of section #ab 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 or such alternative later date as may be agreed to by the ,hualapai ,tribe1 the ,secretary1 and the ,state1 the ,united ,states shall be entitled to offset any ,federal amounts made available under section #f7;a77#d77;,b7 that were used or authorized for any use under that section against any claim asserted by the ,hualapai ,tribe against the ,united ,states described in section #i7;a77#b77;,a74 7d7 ,bill williams river phase #b enforceability date ,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 #i7;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 ,bill ,williams ,river ,phase #b ,enforceability ,date described in this subsection4 7#c7 ,not later than the ,enforceability ,date1 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 ,bill ,williams ,river ,phase #b ,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 #ae4 ,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 agreement1 as ratified by this ,act2 or 7,,iii7 the ,bill ,williams ,river phase #b water right settlement agreement1 as ratified by this ,act2 and 7ii7 shall not include any award against the ,united ,states or the ,hualapai ,tribe for money damages1 court costs1 or attorney 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 court of competent jurisdiction 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-- 7i7 brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of-- 7,i7 paragraph #aj4j of the ,hualapai ,tribe water rights settlement agreement2 7,,ii7 ,exhibit #c4a4dc to the ,hualapai ,tribe water rights settlement agreement2 or 7,,iii7 section #i2 and 7ii7 names the ,united ,states or the ,hualapai ,tribe as a party in that action4 7,c7 ,any party to the ,bill ,williams ,river phase #b settlement agreement-- 7i7 brings an action in any court of competent jurisdiction relating only and directly to the interpretation or enforcement of-- 7,i7 this ,act2 or 7,,ii7 the ,bill ,williams ,river phase #b settlement agreement2 and 7ii7 names the ,united ,states or the ,hualapai ,tribe as a party in that action4 7b7 ,effect on current law ,nothing in this section alters the law with respect to pre-enforcement review of ,federal environmental or safety-related enforcement actions4 7c7 ,basin groundwater withdrawal estimates 7#a7 ,groundwater withdrawal estimates 7,a7 ,in general ,not later than #a year of the date of enactment of this ,act1 the ,secretary1 acting through the ,united ,states ,geological ,survey ,water ,use ,program1 shall issue an estimate for groundwater withdrawals in the ,truxton ,basin outside the boundaries of the ,hualapai ,reservation4 7,b7 ,annual estimates ,each year after publication of the initial estimate required by subparagraph 7,a71 the ,secretary1 acting through the ,united ,states ,geological ,survey ,water ,use ,program1 shall issue an estimate for groundwater withdrawals in the ,truxton ,basin outside the boundaries of the ,hualapai ,reservation until such time as the ,secretary1 after consultation with the ,hualapai ,tribe1 determines that annual estimates are not warranted4 7#b7 ,notice to the state ,based on the estimates under paragraph 7#a71 the ,secretary shall notify the ,state1 in writing1 if the total withdrawal of groundwater from the ,truxton ,basin outside the boundaries of the ,hualapai ,reservation exceeds the estimate prepared pursuant to that paragraph by #c1jjj or more ,,afy1 exclusive of any diversion or use of groundwater on ,hualapai fee land and any land acquired by the ,hualapai ,tribe1 including by a tribally owned corporation1 in fee after the ,enforceability ,date4 7d7 ,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 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 ,fund4 7e7 ,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 7f7 ,effect 7#a7 ,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 ,act7 7#dc ,u4,s4,c4 #fbj et seq472 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#b7 ,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#c7 ,effect of ,act ,nothing in this ,act-- 7,a7 quantifies or otherwise affects the water rights1 claims1 or entitlements to water of any ,indian ,tribe other than the ,hualapai ,tribe2 7,b7 affects the ability of the ,united ,states to take action on behalf of any ,indian ,tribe 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 ,passed the ,senate ,december #ai1 #bjbb4,secretary